2009-11-20 : IME Building Update Hamara Manch
(Note : edited to remove names. Related pages: IME Building case)
IME Building Update Hamara Manch (20/11/09)
Filed an RTI on 5th November seeking all the work related documents of the 11 migrant workers of IME building – including EPF, EFI, wage sheets, Interstate Migrant workers’ passbook, etc.
On 6th MWM chair wrote a mail to HM volunteers stating that the contractors wishes to clear all dues and hence the workers need to be contacted immediately. Meanwhile the contractor’s men get in touch with the workers and ask them to collect their dues on the 8th (Sunday). The money is paid in front of the IWD engineers, but the amount paid is barely a fraction of the actual amount due. The workers are made to surrender their ID cards (which practically makes it impossible for them to enter the campus) and makes them sign a declaration stating that all their dues have been cleared. (These workers are illiterate barring a couple).
Another mail is sent to MWMC chair informing him of this development and seeking action.
Out of the blue on the 10th the workers are again summoned and asked to collect their remaining dues. We think this is due to the pressure of the RTI. Two of the workers (mere boys who stay in the campus jhuggis are summoned) and amidst threats (like why have you become netas at such an young age, who are your parents, where do they work, and so on) are told to collect their dues. They insist that they would like to collect it together with the other workers – but are told that the dues would be paid back only two at a time. Meanwhile we again recalculate the dues for each one of them.
On 10th night the workers who reside in the campus report that the IWD officials have been pressurizing the contractors’ employing their parents to ensure that they do not push the case any further. Their parents were threatened of loss of employment and also eviction from the campus. These three workers decide to accept whatever was offered to them.
On the 11th the workers are paid the money in front of the SE of IWD and the contractor’s men. The total sum accorded as their dues is much less than what we had calculated and when the workers asked them to provide the basis of the calculation they are refused. Further most of the amount due is deducted back in the name of EPF deduction. For example for the couple Suresh and Lata’s dues were around Rs. 30000 according to our calculation, the IWD calculated it as Rs 10000 and of which around Rs 7200 was deducted as EPF. We had anticipated this and had asked the workers not to accept deductions but the IWD chief said that ‘if you did not want a deduction why did the people aiding you file an RTI” The workers said that had no idea of the RTI but as expected that was just ignored. There was another round of declaration of no dues taken from the workers.
A lawyer friend tells us that the law demands that the EPF account should commence from the day of employment with both the employers’ and the employees contribution reaching the fund office by the end of the month. It is the duty of the employer to ensure that. But incase the employer defaults in opening the account for a period of more than 90 days of employment then the entire contribution (both the employers’ and the employees’) are to be borne by the employer. Need to check. Meanwhile we are planning for the workers to seek the basis for the Institute’s/contractor’s calculation for back wages and also file a complaint against the illegal deduction of EPF contribution after the services have been terminated.