Union raj ends in Bollywood. Vigilance committees formed by workers’ associations/unions have no legal standing – Labor Commissioner

Ref. No. IMPPA/ 41 /         /2021                                                                17^th July 2021

To,

All Members of IMPPA

Dear All,

Re.: Most Urgent & Important

Sub: Mandatory Labour Laws to be fulfilled by Producers employing Workers

Due to unfortunate circumstances created by suicide committed by Art Director Late Shri Raju Sapte because of harassment & torture at the hands of FSS&AMU and FWICE in which conn representatives of IMPPA,IFTPC,WIFPA,ASAP & ABMCM had a meeting with Additional Labour Commissioner, Konkan Division, Mumbai and other senior officials of Maharashtra Government Labour Commissioner’s office on 12-7-21  in which we informed about the harassment caused to producers by insisting on payment of the workers wages in the Union’s name and also insisting inspite of Competition Commission of India order   on member to member working and having vigilance squad to make sure no FWICE non affiliates are employed and in case of such employment of non affiliated workers  heavy penalty was levied and collected in cash by the concerned union and FWICE from the producer by threat of disruption of shooting if producer wanted to use non affiliate member.IMPPA also submitted various letters addressed to FWICE and their affiliates in this matter signed by the undersigned to the Labour Commissioner.

We were informed by the Hon. Additional Labour Commissioner that the activities about which we were complaining were illegal as per the labour law and as a consequence of our meeting she has issued comprehensive directions which have to be mandatorily followed by all producers & workers working in the Entertainment Industry which points are as following as per the attached letter dt. 16^th July 2021.

1. Producers as per Clause 6 of payment of Wages Act 1936 are constrained /prohibited from paying cine workers/employees through workers’ associations/unions and if, remuneration of workers’ is not deposited directly in workers’ bank accounts (by respective producers), legal action will be initiated against such producers in the labour department. As per provisions of various Labour Acts, it is mandatory for all Producers to deposit remuneration/benefits/allowances of workers directly in their bank accounts only.

• According to a provision in Clause 18 (2) of Maharashtra Shops and Establishments it is mandatory for all producers to give proper identity cards (as per prescribed format) to cine workers/employees employed by them and during shooting period and for entry in shooting premises only card issued by the producer will be valid and ID card of workers association will not be considered as valid or mandatory.

• Vigilance committees formed by workers’ associations/unions have no legal standing and if such vigilance committees (of workers’ associations/unions) attempt to interfere on sets during shooting then immediate complaint must be filed by Producer with the police.

• The Labour Commissioner has informed that any workers’ association/union should not compel/make it mandatory for producers/art directors to (exclusively) employ their members only. If any concerned workers’ association/union engages in such acts, immediate complaint must be filed (by respective producer) with the police.

• The Labour Commissioner has informed that in terms of provisions of Clause 5 of Payment of Wages Act, 1936, it is mandatory for producers/contractor to pay remuneration to their workers/employees within prescribed time limits (within 7 days of next month for production houses with less than 1,000 employees and within 10 days for production houses with more than 1000 employees) to their workers/employees. Also, it is mandatory (for film/television/digital content producers) to maintain updated attendance muster and salary register for workers in the prescribed format and the payment has to be mandatorily made as per relevant Labour Acts (Minimum Wages Act, 1948 /Payment of Wages Act, 1936/ Contract Labour (Regulation & Abolition) Act, 1970) deposited mandatorily in the concerned workers bank account via Cheque / Demand Draft / RTGS and it is illegal to deposit/pay workers remuneration to workers association/union .

All members are hereby advised that the above mentioned are statutory requirements which have to be fulfilled and followed by them as informed by the Labour Commissioner & we are pleased to further confirm that as per our meeting with the Hon’ble Home Minister of Maharashtra, Police Commissioner of Mumbai and other Senior Police Officials all producers have been offered full police protection against any sort of extortion or harassment and a Whatsapp Group of producers and police has been set up to solve any problem or harassment being faced by producer and therefore producers should come forward and lodge complaint with the police and IMPPA on 9820029380 in case of any kind of harassment or torture and we shall make all efforts to ensure that the harassment stops immediately.

Please follow the above without any fail and IMPPA has organised exclusive webinar for IMPPA members on Tuesday 20-7-21 at 12 noon to apprise members about the latest position and all members are requested to kindly attend and oblige.

Please follow the above without any fail

Thanking you, 

                                                                                                     Yours faithfully,

                                                                                    For INDIAN MOTION PICTURE

                                                                                          PRODUCERS ASSOCIATION

                                                                                                   (T.P. AGGARWAL)

                                                                                                         PRESIDENT

Encl.: As above

Cc: All Producers Associations

Cc: FWICE and all affiliates of FWICE

Cc: Labour Commissoner office