No ESMA; erring hospitals to face action

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posted on 12 years ago — updated on 1 second ago

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KOCHI: Labour Minister Shibu Baby John on Saturday said that government did not agree to the imposing of the ESMA (Essential Servi..

KOCHI: Labour Minister Shibu Baby John on Saturday said that government did not agree to the imposing of the ESMA (Essential Services Maintenance Act) against the striking nurses of private hospitals as the strike at the Lakeshore Hospital and the Malankara Orthodox Syrian Church Medical College (MOSCMC), Kolenchery, continued into the sixth day on Saturday.The nurses’ unions of both hospitals held discussions with the minister, hospital managements and labour commissioners, but could not reach a consensus. United Nurses’ Association state president Jasmine Shah and All India Nurses’ Welfare Association, Kolenchery unit president Reena Reji said that the talks would continue on Monday. “The use of the ESMA was not practical as the nurses are not paid minimum wages and they also suffer from inferior working conditions,” he told reporters after holding discussions with the organisations representing the nurses and the hospital management. The Kerala High Court on Friday had sought the State Government’s opinion on whether the ESMA could be imposed.The minister said that if needed, rules would be amended to make compulsory the mode of payment of salary through banks. Managements will have to file the consolidated statement of the salary to the Labour Department. Stringent action will be taken against managements if they are found making forged documents on wages. “A criminal case of cheating will be taken against managements that are found guilty,” he said. Nurses are being exploited by employing them under categories like trainees and observers. Payment of minimum wages will be made mandatory irrespective of designation. The government will approach the High Court to vacate the stay on initiating prosecution against hospital owners. Labour Department officials will be made responsible to ensure that rules pertaining to minimum wages are observed in the private hospitals. Only 24 private hospitals out of the 450 inspected in the state maintained the procedures regarding implementation of minimum wages.