@acorn is only helping to set up the stage for the larger debate on labour code redesign.
The key point that he reiterates:
Don’t throw the baby with the bath water.
Yogi may be many things, but the idea of labour laws relaxations shouldn’t be thrown out.
theprint.in/opinion/dislik…
The key point that he reiterates:
Don’t throw the baby with the bath water.
Yogi may be many things, but the idea of labour laws relaxations shouldn’t be thrown out.
theprint.in/opinion/dislik…
@acorn carefully avoids going to the specifics.
He completely ignores the key question of what should be the core basic protection for employees, whether formal or informal. He instead argues with the obvious that all suffering seen is due to outdated labour laws,needing a reboot
He completely ignores the key question of what should be the core basic protection for employees, whether formal or informal. He instead argues with the obvious that all suffering seen is due to outdated labour laws,needing a reboot
The key question as far as labour goes is about the relationship between employer and employee. Now is perhaps the best time to accept the reality: employment is purely at the pleasure of the boss. Owner is the king of the organisation and has the final word. Benefits r relative!
There is also another key reality. There is no permanent permanent job. A person maybe a daily wager and still continue to get regular pay well beyond retirement age. A person maybe a permanent employee but could be terminated citing obscure reasons or by transferring to villages
What we need to acknowledge is the truth about our employment scenario. We should embed the core protection based on what is observed and what is desirable.
What we first need us protection of a minimum accepted wage. Or a contract of employment where assured minimum wage is guaranteed.
We need two kinds of contract: limited duration contract and job specific contract.
We need two kinds of contract: limited duration contract and job specific contract.
Duration of a limited duration contract can be anything from one day to one year to one decade till reaching a certain age(current permanent job).
It’s time we see a difference between a daily wager and a permanent employee based on how they get paid.
It’s time we see a difference between a daily wager and a permanent employee based on how they get paid.
In limited duration contracts, the key points that must be included are:
1.Minimum guaranteed pay(as per regulations)
2.Payment schedule(daily/weekly/monthly)
3.Defined HR Rules, including for leaves and increments
4.Defined job roles.
5.Defined reasons for termination
1.Minimum guaranteed pay(as per regulations)
2.Payment schedule(daily/weekly/monthly)
3.Defined HR Rules, including for leaves and increments
4.Defined job roles.
5.Defined reasons for termination
Clearly defined roles, termination rules and clearly defined HR policy will ensure that we are forcing rules based ideal labour code. Minimum guaranteed wage should be defined by State governments so that no labourer/employee gets exploited.
With this on, there is no bonded labor
With this on, there is no bonded labor
Apart from these 5 core parts of the contract, we need to look at the other clauses.
1. Guaranteed security in workplace.
2. Commensurate contribution to a provident fund, life and health insurance for the duration of contract.(all three defined by or under GoI)
3. Other Perks
1. Guaranteed security in workplace.
2. Commensurate contribution to a provident fund, life and health insurance for the duration of contract.(all three defined by or under GoI)
3. Other Perks
The clause on security includes every form of security, including against sexploitation, abuses, hazards, etc. Security Compliance officer should handle all this. For small firms(<10 employees), the local Sub Inspector can be made responsible against a nominal fee to State govt.
The second additional clause is about providing basic social net. Some of it can be born by government directly. Some of it can be dictated(like EPF contribution). Some of it can be left optional.
But every employee should get it, immaterial of duration of work.
But every employee should get it, immaterial of duration of work.
Insurance companies can of course be encouraged to tailor a few policies that can be applicable to all employees based on some formula. State governments can give subsidies if required for the small guys, MSMEs.
All additional perks based on the industry and the type of job can be specified next.
The other type of labour contract is the job specific contract.
This can be like mason for one building, assigning a temporary faculty to teach one course for a semester, etc. These jobs are not defined by duration but by the specific task.
This can be like mason for one building, assigning a temporary faculty to teach one course for a semester, etc. These jobs are not defined by duration but by the specific task.
Job Specific Contracts must include
1. Consolidated pay for the job.
2. Payment schedule.
3. Minimum guaranteed pay irrespective of status of completion.(NREGA)
4. Defined Role.
5. Defined termination policy.
6. Applicable HR rules.
1. Consolidated pay for the job.
2. Payment schedule.
3. Minimum guaranteed pay irrespective of status of completion.(NREGA)
4. Defined Role.
5. Defined termination policy.
6. Applicable HR rules.
The clause of minimal guaranteed pay at NREGA rate is to ensure that no one is denied payment despite working for a set number of hours. This is also a backup clause to ensure that no contract is signed without ensuring a minimum guaranteed wage.
Apart from these, the additional clauses as mentioned earlier.
Who will ensure that employers follow this:
We need a labour audit to be done by the CAs.
Basically, one more form for auditor to fill.
And we can establish a self-reporting portal.
Basically, predefine roles. Assign employees based on Aadhar or voter id or PAN Card or govt ID.
We need a labour audit to be done by the CAs.
Basically, one more form for auditor to fill.
And we can establish a self-reporting portal.
Basically, predefine roles. Assign employees based on Aadhar or voter id or PAN Card or govt ID.
This will also solve most of the background issues for the suggestions for migrant welfare I have already discussed in this thread earlier:
This started as just an observation on @acorn ‘a article. Instead it has turned out to be a thread, though that was never my intention.
The key thing is that we need to redefine employment contracts, with standard clauses.
Bring it under a special Negotiables Instrument.
The key thing is that we need to redefine employment contracts, with standard clauses.
Bring it under a special Negotiables Instrument.
