Work in the private sector? Thanks to the Modi government, your company can now convert your permanent job into a fixed term contract and take away your retrenchment benefits.
While the farm Bills created a lot of controversy, contentious labour law changes had no-takers.
The government quietly did away with a key safeguard norm for workers to deter firms from converting existing permanent jobs into fixed-term contracts.
Why is this proposal dangerous?
In India, unlike in China, Vietnam and Indonesia, there will be no cap on the number of times fixed-term contracts can be renewed (companies can do it endlessly).
Fixed-term contracts are seen as stepping stone towards permanent jobs.
In emerging economies, such as China and Vietnam, fixed-term contracts can be renewed only twice, after which such workers have to become a part of the permanent workforce. This step ensures the employers do not exploit the system and there is some semblance of job security.
Experts pointed out that this move will lead to withering away of permanent employment. There is enough literature to suggest that productivity of contract workers is lower than permanent employees (Working Paper 369 of ICRIER).
Do read how the government has sought to liberalise the contract labour system in the country through the labour codes by giving companies a free hand to hire such workers, along with an easier licensing regime.
Chairman of India's largest carmaker (1/2):
"We need a certain amount of flexibility to hire on fixed-term contracts, but the core of a factory has to be permanent employees. It is only when their long-term future is tied to a company that you will benefit financialexpress.com/opinion/still-…
(2/2)
...from their learning. A lot of the productivity improvement we have got is due to our workers’ commitment & their ideas. This cant happen in a hire & fire regime where people are incentivised to jump from one job to another. Labour has to be made a partner."
Just in: Ten central trade unions (which does not include RSS-affiliated Bharatiya Mazdoor Sangh) to go on a one-day nationwide strike on November 26 against labour codes and new farm laws.
Demands of trade unions:
*Cash transfer of Rs 7500 a month for all non-income tax paying families
*10 kg free ration/person a month to all needy
*Expansion of MGNREGA to provide 200 days’ work in a year in rural areas at enhanced wages; extension of employment guarantee to cities
*Withdraw all farm laws and labour codes
*Stop privatisation of public sector
*Withdraw the circular on forced premature retirement of government employees
*Provide pension to all, scrap NPS and restore earlier pension, improve EPS-95
Six months after a national lockdown was imposed, I travelled to 5 villages of Allahabad (now known as Prayagraj) to talk to over two dozen migrant workers who returned home.
"Nothing feels like home" for them as they struggle to make ends meet.
Ramesh Chand (right) was 15 yrs old when his brother-in-law took him to Mumbai & gave him a job at his garment factory after his father died. Srivastava (now 46), who had made the 'city of dreams' his own, wasnt paid for during the lockdown even by his guardian.
According to official estimates, about 10 million workers returned to their home states after the lockdown. Close to one-third belonged to Uttar Pradesh and Allahabad saw the second highest reverse migration in the state (over 100,000).
Must read: The labour codes approved by the Parliament earlier this week gives the States unbridled powers to make changes to labour laws without going through the legislative route.
Getting the labour codes approved was a cakewalk for the government.
The move will help industries in pushing authorities for exemption under various labour laws at a micro-level, along with demanding changes to bring greater flexibility in their operations related to retrenchment, safety standards, and collective bargaining.
States can now easily:
*Ease retrenchment, lay-off and closure norms
*Exempt new factories from all occupational safety health & working conditions norms for as long as they want (timelimit is 3 months rn)
*Exempt all establishments from the industrial relations law
The government’s proposed labour law changes will facilitate easier dismissal of workers as companies employing up to 300 workers will not be required to frame standing orders for its workforce. A thread on the importance of standing orders:
A standing order is a legally binding collective employment contract and holds significance as it contains key work-related terms and conditions and is meant to prevent arbitrary dismissal of employees.
Such orders are compulsory for every firm hiring at least 100 workers at present and the government has proposed increasing the threshold for the first time to 300 workers.
In @bsindia today: The government has proposed a sea change in India's contract labour system. Companies will be encouraged to hire contract workers in all areas of operations, even as more firms will come out of the ambit of the contract labour law.
The country’s present contract labour law, known as the Contract Labour (Regulation and Abolition) Act, 1970, is designed in a way that it is meant to encourage permanent roles, along with abolishing contract workers in jobs of “perennial nature”.
The Code on Occupational Safety, Health (OSH) and Working Conditions Bill, 2020, facilitates hiring contract workers across the board for companies, even though it has introduced the concept of core and non-core activities in the functioning of a unit.
The government has proposed widening the coverage of migrant workers under labour laws, along with extending more social security benefits to the working class most affected during the COVID-19 pandemic.
All workers earning up to Rs 18,000 who migrate from one state to another will be covered under the proposed law.
Under the present law, migrant workers were covered under labour laws only if they were hired through contractors.
The government will also schemes to provide option to migrant workers for availing benefits of PDS either in their native or destination state. Migrant workers will also be able to avail benefits out of the cess funds meant for building and construction workers.