Unions Up in Arms as State Govts Dilute Labour Laws Via Ordinances

The fear is that the Centre may also take the same route to pass proposed labour reform legislation such as Labour Codes, as Parliament cannot be convened amid the Covid-19 pandemic.

UP government move

The Unions’ move came after the Uttar Pradesh government decided to bring in an ordinance, the Uttar Pradesh Temporary Exemption, under which 38 labour laws stand suspended for 1,000 days.

Section 5 of the Payment of Wages Act, 1934, Construction Workers Act, 1996, Compensation Act, 1993 and Bonded Labour Act, 1976 are the only laws functional in UP now. Those such as the Industrial Dispute Act, Act on Occupational Safety and Health, Contract Labour Act, Migrant Labour Act and Equal Remuneration Act are not operative in the State for the present.

States are misusing the provisions in the Disaster Management Act to amend labour laws.

States such as Haryana, Punjab and Rajasthan have also amended labour laws and Tripura and Maharashtra are moving in the same direction.

AITUC General Secretary Amarjeet Kaur said Madhya Pradesh has amended the Factories Act, Contract Act and Industrial Disputes Act, following which the employers will have the freedom to hire and fire with ease. Also, contractors will not need a licence for supplying labour of up to 49 persons.

The Gujarat and Uttar Pradesh governments have raised working hours.

Rise in working hours

Virjesh Upadhyay and Saji Narayanan, leaders of RSS-affiliated trade union BMS, had also warned the Centre against such moves. “Three States have raised the working hours. It should be immediately reversed as it is against ILO conventions and the existing labour laws. India should be a model to other countries in respecting International Labour Standards set by ILO.

“The government should desist from any anti-worker amendments in labour laws to facilitate shifting of companies from China or other countries. China is notorious for not having democracy, any respect for human rights, labour law protection, active trade unions etc,” said a BMS statement.

“Hence India cannot be a good substitute for such undemocratic characteristics in the mad run to provide ‘cheap labour’,” the statement added.