Legal Status of Gramin Dak Sevak (GDS) Employees

GDS
As we all know that all GDS issues are pending for govt approval. Apart from this govt of India is going to Make National policy for Domestic workers. Now question is about govt seriousness for GDS New pay implementation. As we all know GDS are working hard to make their living and they are back bone of Indian postal department. In these view FNPO has raised concerned about about ” Legal Status of Gramin Dak Sevak (GDS) Employees “. Following is wording of federation of National postal employees ,FNPO :-
  • Formulation of National Policy for Domestic Workers-reg : Ministry of Labour & Employment.
  • We welcome the Labour Ministry intiation regarding Domestic Workers.
  • But why Labour Ministry and Government of India not interested to settle the GDS issue.
  • As per Department of Post Conduct & Engagement Rules,2011 GDS are not CG employees , not Contract employees , not Contingent employees , not Part -time employees , not temporary status emoyees , not casul employees.
  • Once up on a time it is a honourary post but now it is essential for survival of India Post.
  • GDS status not related to any labour law. Why? What is reason behind it ?
  • Department of Posts intentionally framed a Rule i.e.3A (i) of Conduct & Engagement Rule i.e.GDS are not allowed to perform their duties beyond 5 hours.
  • But , there is no legality to this Rule and also unconstitutional.
  • This Rule does not come under “Sub JudiceWhen Department amend this Rule , then GDS automatically will get full working hours of 8 hours.
  • So, GDS future depends upon Department decision.
CH.Laxmi Narayana
Circle Secretary , NUGDS

Govt of India 
Ministry of Labour and Empowerment
Formulation of National Policy for Domestic Workers
It is informed that Ministry of Labour and empowerment is going to formulate a National Policy for Domestic workers.
2.  Broadly the policy proposes to cover the following:-
  • Various term such as part time worker, full time worker and living in worker, Employer, private placement agency to be clearly defined.
  • Aim to explicitly and effectively expand the scope of applicable legislations, policies and scheme to grant domestic workers rights that are enshrined in law for other categories of workers including minimum wage and equal remuneration. etc
  • Setting up institution mechanism which provide for social security cover, fair term of engagement,grievances redressal  and dispute resolution.
  • Facilitate recognition of Domestic worker as the workers with the right to register themselves as the worker with the state labour department or any suitable mechanism
  •  Promoting the rights to organise and form their own unions/ associations and affiliate with other unions/associations
  • Promote right to enhance skills through skill development programmes for getting better employment opportunities.
  • Promote right to fair terms of employment relating to minimum wages, protection form abuse/harassment and voilence ,access to social security benefits such as health insurance,maternity benefits and old age pensions as provided by the existing and upcoming schemes of central and state government which may include contribution from employers/workers
  • Consider establishing a model contract for employment with well defined periods of work and rest etc.
  • Regulation of recruitment and placement agencies by the respective government through formulation of a policy.

Source:-  FNPO

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