Govt plans to implement all four labour codes in one go, likely in 2020

Date : 25.12.2019

Govt plans to implement all four labour codes in one go, likely in 2020

In India, labour falls under the Concurrent List of the Constitution.  Therefore, both Parliament and state legislatures can make laws regulating labour.  Currently, there are over 100 state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages.

• As part of labour reform initiatives, the labour ministry has decided to amalgamate 44 labour laws into four codes—on wages, industrial relations, social security and safety, health and working conditions.

1.Code on wages

2. Code on occupational safty,health & working conditions

3. Code on social security

4.Code on Industrial Relationships.

• Parliament has already approved The Code on Wages, 2019.

The code merges four laws - Payment of Wages Act, 1936; the Minimum Wages Act, 1948; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976 : 

> National Minimum Wage

• The Occupational Safety, Health and Working Conditions Code was introduced in Lok Sabha in July, and is now with the Standing Committee on Labour, which has invited public comments on it. 

It subsumes and replaces 13 labour laws relating to safety, health and working conditions. These laws include: Factories Act, 1948; Mines Act, 1952; Dock Workers Act, 1986; Contract Labour Act, 1970; and Inter-State Migrant Workers Act, 1979 :

 >  Rights and duties of employees,Duties of consultants,Duties of employers,Work hours and leave,Working conditions and welfare facilities,Offences and Penalties.

• The draft of the Social Security Code has been circulated for public comments.

A key labour law proposal that seeks to amalgamate a clutch of existing laws and proposes several new initiatives including universal social security for unorganized sector workers and, insurance and health benefits for gig workers including the Ola and Uber drivers. Besides, it also proposes corporatization of existing organizations like EPFO and ESIC headed by people other than the labour minister. Here are the five key things in the draft code:

>  Insurance, PF, life cover for unorganized sector employees, 2) Corporatization of EPFO and ESIC,Benefits for Gig workers, Maternity Benfit.

> Existing labour laws that the code will merge:

• The Code on Social Security, 2019 once in place will merge eight exiting labour laws including Employees' Compensation Act, 1923; Employees‘ State Insurance Act, 1948, Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952; Maternity Benefit Act, 1961; Payment of Gratuity Act, 1972; Cine Workers Welfare Fund Act, 1981; Building and Other Construction Workers Cess Act, 1996 and Unorganized Workers‘ Social Security Act, 2008.

• The Union Cabinet on  20th Nov 2019 approved The Industrial Relations Code Bill, 2019, which proposes to amalgamate The Trade Unions Act, 1926, The Industrial Employment (Standing Orders) Act, 1946, and The Industrial Disputes Act, 1947.

• This code also says that "fixed-term employees" will get all statutory benefits like social security, wages, etc. at par with the regular employees who are doing work of same or similar nature.

▪Under this Code, the ministry has amended the definition of “strike” to bring “mass casual leave” within its ambit, while suggesting that a union will be recognised only if it has support of 75 per cent or more workers. Besides, requirement of a notice period of 14 days has been incorporated for strikes and lockouts in any establishment.

This is completly anti labour policy of the Central Government. 

▪So , be ready for a big fight otherwise Trade Unions must act as "Dancing Dolls" in the hands of feudal,capitalist Governments.

Ch.laxmi narayana.