More States suspend labour rights risking the lives of many daily wage labourers

This is a violation of fundamental rights, and a government that suspends the rights of its people for the profit of its companies is an exploitative casteist state.

labour
Representational Image

The UP government on May 06th passed an ordinance, Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance, 2020 (‘Ordinance’), that suspended 35 out of the 38 labor laws that are in existence for a period of three years. This is being done so that there will be a promised inflow of investment from the private sector. Since labour falls in the concurrent list, the states can only make the ordinances but the Center has to approve it. Once the President’s assent is received, it will be made into law.

Out of the 38 laws, the 3 that were exempt were Section 5 of the Payment of Wages Act, 1936, the Employees Compensation Act, 1932, the Bonded Labour System (Abolition) Act, 1976, and the Building and Other Construction Workers Act, 1996. Provisions of laws pertaining to women and children, like the Maternity Act, Child Labour Act, are also being retained. Laws like The Minimum Wages Act, The Maternity Benefit Act, The Equal Remuneration Act, the Trade Unions Act, Industrial Disputes Act, Industrial Employment (Standing Orders) Act, The Factories Act, Contract Labor Act, Inter0state Migrant Workmen Act, WorkingJournalists Act, EPF and Misc provisions Act, Employees State Insurance Act, Payment of Bonus Act, Unorganized WOrerks’s Social Security Act are some of the laws that will be suspended.

With the suspension of these acts, the employer can make the workers work overtime, for how many ever hours, without holidays, and without minimum wages. As many of the states barely impose the Unorganised Workers’ Social Security Act, 2008 even today, this suspension pushes the labour rights push India back by a hundred years. Hundred years ago India ratified the International Labour Organization convention. 

“The horticultural and economical activities in the states have been severely affected and slowed down due to the outbreak of COVID-19. This is because businesses and economic activities came to a halt more or less due to the national lockdown,” a press statement issued by the state government said.

In another BJP ruled state, Madhya Pradesh, the Chief Minister has said that the state government will exempt new manufacturing units from most provisions under the Factories Act, 1948 for the next 1000 days (or over two-and-a-half years). This will allow more factories to operate without following safety and health norms and give a free hand to new companies to “keep laborers in service as per their convenience”.

This new ordinance allows industries more flexibility to hire and fire workers, to determine their pay, and not have to give them benefits. Seven left parties, led by the Communist Party of India (Marxist) general secretary, Sitaram Yechury, have written a letter President Ram Nath Kovind for urgent intervention on this issue to stop “such naked savagery against the working class and the working people.” Even right-wing labour unions have condemned this act. “This is the worst time to make amendments to labour laws,” said CK Saji Narayana, president of the Bharatiya Mazdoor Sangh, which is affiliated to the RSS.

Many other states like Rajasthan, Punjab, Himachal Pradesh, and Gujarat have amended their respective Factories Acts to increase the work time to 12 hours/day and 72 hours/week in place of 8 hours/day and 48 hours/week. Apart from Punjab, no other state has promised over-time pay. Many other states are also moving to the central government to make changes in their labour laws.

Rajasthan has also amended the Industrial Disputes Act to increase lay-offs and retrenchment to 300 from to 100 and the threshold of membership of trade unions has increased from 15% to 30%

There have been many left-liberals, right-wing economists, and centrist who have come out to protect this ordinance. They have argued that the relaxation of these laws will help give the economy the boost it needs, they also argue that some jobs with no labour rights is better than no jobs with all the labour rights and that 90% of the workforce never had labour protection so this should not matter anyway. In other liberal circles, many have cried about pay-cuts within companies that are being done to salaried white-collar workers. When we choose whose rights are okay to suspend and whose rights are not, we must recognize that this is a classist and casteist response. The scrapping of these rights includes requirements to provide toilet breaks, weekly holidays, canteens, the right to sit among many others. This is a violation of fundamental rights, and a government that suspends the rights of its people for the profit of its companies is an exploitative casteist state.

As many migrants are still marching back home and facing the burden of the lockdown, this violation of their rights will only add to their woes and could be unforgiving to their economic and social health.

Also Read: May Day 2020: International Labour Day in Pictures

Donate

Independent journalism can’t be independent without your support, contribute by clicking below.

March 2024
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here