In a landmark judgement – No union/association can stop non members from working in Maharashtra. The existence of trade & film unions in film industry are illegal says Shirin Lokhande, Add’l Labour Commissioner, Maharashtra after a meeting with #IMPPA & other senior authorities.

President/Secretary

IMPPA

MUMBAI.

Sub: Regarding illegal recovery of workers’ wages and other sums from film industry unions

Senior art director Late Shri Raju Sapte committed suicide on July 2, 2021 due to mental harassment by the office bearers of the organization, it is clearly mentioned in the first news report with Wakad Police Thane, District Pune. In that connection, a meeting was held with Hon’ble Chief Minister of Maharashtra, Mumbai on 7th July, 2021. In connection with this meeting, a meeting was held on 12 July 2021 in this office as well as the Association of Film Producers and Directors. In the discussion held in this meeting, it was observed that the salaries of the workers / employees working for the film makers are being paid through the trade unions. This is a violation of labor law. For this, the following points should be strictly followed: –

1. As per the provisions of Minimum Wages Act, 1948, Wages Principal Act, 1936 and Contract Workers Act, 1970, the monthly salary and allowances of the workers / employees working for them by the concerned film production companies / contractors as the establishment owner in the bank account of the concerned workers / employees (Payment by cheque/RTGS) is mandatory. Accordingly, the salaries of the workers / employees working for all the Producers should be paid through the bank itself. The reason is that in any case, it is illegal to pay the workers through the trade union.
2. As per the provisions of various labor laws, it is mandatory to pay the wages of the workers directly to the workers through the establishment, so the wages, benefits and allowances should be paid directly to their bank accounts.
3. Section 18 (2) of the Maharashtra Mumbai Shops and Establishment Act 2018 provides for the mandatory issuance of identity cards by the producers to the workers working for them.
4. It is mandatory for the producers to pay workers / employees working for the producer / director within the prescribed time as per the provisions of Section 5 of the Salary Payment Act, 1936. Also, it is essential for these workers to keep the attendance and pay scale up to date in the prescribed format.
5. At the time of filming, the identity card of any organization should not be accepted or made compulsory for access to the place of shooting in the respective studio. Also, vigilance teams formed by trade unions have no legal recognition and if they try to interfere with the set, they should immediately lodge a complaint with the police.
6. Ensure that no trade union producers / art directors are obliged to hire their union workers. If these unions do so, they should immediately lodge a complaint with the police.
7. No trade union shall terminate the work of any Producer through its members at the time of filming or make sure there is no obstruction. If these unions do so, they should immediately lodge a complaint with the police.
8. The reason is that producer/employer are prohibited from paying the salaries of your cine workers and employees through trade unions as per the provisions of Section 6 of the Payment Act. It should be noted that legal action will be taken against producer/employer if the workers’ wages are not credited directly to their bank account.

Thanking you

SHIRIN S LOKHANDE

ADDITIONAL LABOR COMMISSIONER

KOKAN SECTION, MUMBAI.