
| FEATURE OFFENSIVE AHEAD ON LABOUR RIGHTS
TAPAN SEN T hirteenth Lok Sabha got already constituted and the BJP led combine has already occupied the seat of governance.Even before the newly sworn ministers started occupying their coveted chairs, various interest groups, particularly the industry and the trading lobby have started lobbying with their charter of demands with the BJP-combine leaders readily assuring them to oblige. As for example, the Confederation of Indian Industry (CII) has been prompt enough to submit a thirteen point charter of demands which includes, inter alia, 1) downsizing the govt (to dismantle all regulation) 2) to clear all pending economic legislation like IRA bill, Money Laundering Prevention Bill, Companies Act amendment bill, Foreign Exchange Management Bill ( to dilute the existing FERA) etc within next 90 days 3) Privatisation of PSUs 4) Privatisation and reform in Banking sector in line with the Verma-panel recommendation and last but not the least 5) A flexible labour market policy. (Times of India,9-10-99) Both the print and electronic media carried the clarion announcement from the newly sworn govt even before their swearing in that they are ready to oblige the industry lobby. In an interview with the Times of India , the Prime Minister elect, Shri Vajpayee confirmed in unambiguous terms that all those issues of Industry lobbys demands like speedy clearance of pending economic legislation, privatisation of PSUs and Banks etc are in the list of priorities for the new government.( Times of India,9-10-99) Trade Union movement and the workers in general have enough reasons to be alarmed as to what is in store for them in the renewed tenure of the BJP led regime. Since, in the name of so called flexibility of labour market, what is being aimed at is to demolish the strength of opposition to all economic misdeeds being carried on by the successive govts in the name of liberalisation.. What is needed for that is total casualisation of workforce, to introduce flexibility of hire and fire, doing away with whatever meagre protection measures in the existing labour laws and putting insurmountable hurdles in organising trade unions. The expected notoriety of the labour policy of the renewed BJP led regime can be realistically gauged from the exercises already made by the same combine during their earlier tenure. While making announcement on the constitution of the 2nd National Commission on Labour the then union Labour Minister minced no words in expressing his intention on changing the existing labour laws to make them flexible and compatible with liberalised economic regime. The then Prime Ministers office constituted a Task Force on Administrative and legal Simplification with four members - all from the corporate houses viz K M Birla, Nusli Wadia, P K Mittal and Ratan Tata, to go into the aspects of changes in legislation including labour matters. The Planning commission also carried on exercises on the same subject quite thoroughly the result of which has been incorporated in Ninth plan document. And besides above, the labour ministry also jointly worked with the industry lobby to prepare the blue print of so-called labour market reform. And in none of those above exercises the labour and their trade unions have been allowed to be involved. In all those exercises, the core labour legislations like Industrial Disputes Act, Trade Union Act, Contract Labour(Regulation and Abolition) Act and the labour related provisions in other industrial legislation have been made the target for complete revision. THE TASK FORCES UNDER PMO ON LABOUR LAWS The Task Force constituted by Prime Ministers office, while strongly recommending for liberating the industry from various provisions of Labour Laws stated that "The ID Act needs to be revisited to make it possible for the industry to not only shed surplus manpower but also to be able to continue the business without having to face labour unrest leading to disruption of work or lock out industry finds it extremely difficult to close down the factory or for that matter even to lay-off employees if the number of employees is more than 100 the govt should concern itself under chapter V (of the ID Act ) if the workforce is in excess of 1000 workmen". The Same Task Force under PMO while shamelessly recommending the continuance of contract labour system even in permanent nature of jobs, stated " just as the govt cannot afford to absorb entire contract labour force on its employment rolls, the private sector cannot hope to compete and survive in a free market economy unless it has the flexibility to structure its manpower requirements and out-source or farm-out certain jobs which are unrelated to its core activity". Another Task Force constituted by the PMO on Knowledge based Industries called for withdrawal of all restrictions and regulatory provisions relating to working hours and compulsory rest period etc in Shops & Commercial Establishment Act and related rules. It recommended introduction of the concept of "Flexi-time" in regulating working hours in an establishment, the decision regarding the flexibility remaining with the employers only. The same Task Force also argued with audacity that the provisions relating to payment of double-wage for overtime work and those pertaining to sick leave, earned leave etc are all in-appropriate and unreasonable, those being disadvantageous in a competitive market. It went to the extent of recommending that employers should be relieved from the obligation of maintaining attendance/employment registers etc and also called for drastic changes in the Payment of Wages Act, ESI Act and even the Provident Fund Act in favour of the employers class. It also recommended suitable amendment of related laws to protect the employers from provisions of Inspection by the labour dept officials. THE NINTH PLAN DOCUMENT ON LABOUR Almost with the same concern for the employers class, the Planning Commission echoed the "His Masters Voice" when they dealt on labour laws in the Ninth Plan document. The document noted " To maintain its sanctity any particular law requires to be reviewed in the context of changes that have occurred in the conditions that govern the employment and industrial relations . An effort to drastically reduce the labour laws from the present 150 or so, and devise a single labour code is necessary". The ninth Plan document seeks to put the entire labour legislation into straight Jacket and do away with the most of the labour legislation as such, to replace them by a single labour code supposedly to be dictated by the employers lobby as the Planning Commission feels that "The Labour Laws enforcement machinery is under a severe strain and the number of cases pending before the courts (for violations?) Is too large to be handled". Since there are lot of problems due to non-implementation of labour laws by the employers, let there be no law at all, or they may be so revised that employers are relieved from all their obligationsprecisely this remains the approach of the Planning Commission under the just concluded tenure of the ruling political combine. On this basic premise of freeing the employers from all their obligations and stripping the workers of all their rights, the Plan document theorised its approach towards labour saying "The basic objective of initiating the process of economic reform was to lay the foundation of an economic regime characterised by de-licensing, de-regulations and decontrol, besides removing all irritants and stumbling blocks to production system....to make it competitive .It is imperative to bring about corresponding changes in Labour laws". And thus the Plan document targets that during the plan period, " action will be taken to a) identify the labour laws which will no longer be needed and repeal them; .c) amend the laws which require changes and d) revise the rules, regulations, orders and notifications" etc. In the matter of social security legislation and labour welfare measures as well, the Planning commission sought to withdraw and/or minimise the role of the govt as facilitators and leave them to the mercy of the employers. The Plan document noted " The strategy for benefiting the workforce in general has to be based on an increase in productivity rather than attempting labour welfare through a framework of multiple regulations" The government must withdraw itself from its regulatory role in the matter of labour welfare--- is in essence, the considered opinion of the Commission. The Plan document further noted while dealing on social security schemes that "Any scheme that has to benefit the working population in the unorganised sector has to be employer friendly .Resources should be raised primarily by the employees and the employers. The govt can provide a token support". It would not be unjust to conclude that above exercises by the Task Forces of PMO and reflections of the ninth plan document echoing the same tune are all prelude to a nefarious design to allow the employers a hay-day and impose conditions of slavery on the most organised section of the common populace and thus create ground for enslave the rest. It is, in the ultimate sense, an assault on the dignity of human existence, besides being a conspiracy to destroy the economic sovereignty of the country through hurdle-free liberalisation process. It would also not be irrational to apprehend that, as a follow up of the exercises made during the earlier regime, the renewed regime of the BJP led combine would, with a renewed vigour, seek to push through the enactment in line with their exercises in the newly constituted Parliament. And given the over all composition of the polity of the day, the working class and their organisations have no other alternative than building up broadest unity of the workers to take on the perpetrators in the factory gates and the streets along with other section of the toiling masses to defend their rights, livelihood and the dignity of human life. Designs of Slavery will not pass ! |
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