During the third phase of lockdown, the whole country has been witnessing many undesirable developments against the labourers on the plea of balancing economy with regaining production by putting more burden on the existing labour force.
Ordinances and executive orders have been issued by State Governments of Uttar Pradesh, Madhya Pradesh, Gujarat, Maharashtra, Rajasthan, Punjab, Goa, Odisha, Tamil Nadu, Himachal Pradesh, Tripura, Assam and Haryana for temporary non-implementation of laws that protect the basic rights of workers.
The major issues are increase in working hour from 8 to 12 hours, restricted payment of overtime dues, allowing employers to go for hire and fire, allowing labour supply contractors without licence, labour laws holiday exemption to new investors and these flexibilities vary from State to State. The process is going to limit the role of trade unions as there will be limited negotiations under the provision of the Industrial Dispute Act. It is being reported that the lobbies of the builders, contractors, factory owners and business establishments and potential new investors have influenced the decision of the State Governments.
It shows that the State as protector of rights under the provision of the Constitution has rather become facilitator of industry and business interest while belittling the rights of workers. The dominant role of capital over labour will affect production and encourage new forms of bonded labour. The move for more privatisation and upper hand to employer is against the basic principles of our constitutional democracy and denial of fundamental rights of citizens including the workers.
A Parliamentary Standing Committee on Labour has sought clarification from States over the issues of change in Labour laws within two weeks but it seems the Centre is quite supportive to the change as there has been already an attempt to squeeze the trade union rights through Labour Code and rapid privatisation through disinvestment.
The current move of the Government will create anarchy and more labour dispute in factories and business in the absence of dispute redressal provisions. It is also going to create more unemployment with over engagement of the existing labour force. It will also very badly affect the health and working condition of our existing workers who are also otherwise vulnerable due to Covid-19. These workers are mostly from socially marginalised sections and live a very miserable life due to lack of productive assets. Their wage rate is also very low in comparison to employees of Government.
Unemployment is very high in the country as every day minimum ten people kill themselves due to joblessness as revealed in NCRB data of suicide for 2018. This has increased by 3.6 percent of late.
Legislations are important to establish discipline through rule of law and its negligence has wider impact over social and economic life of a country. In the context of the current crisis of migrant workers, it has been realised that the limited use of major legislations such as the Inter-State Migrant Workmen (regulation of employment and condition of services ) Act 1979 , the Unorganized Workers Social Security Act 2008 and The National Rural Employment Guaranty Act 2005 has resulted in increase of rural migration. These laws are very closely related to rural employment. There has been no data base with Government about migrant workers to monitor these legislations.
Labour laws diluted during Covid-19 crisisThe Government of Odisha has changed the working hour for a temporary period in alteration of the Factories Act 1948 in line with many other States. The State has not imposed any restrictions over the mining and transport workers even during lockdown. But in the current situation the vital issues of unorganised workers are not being addressed as in many parts of Odisha the labourers having job cards are not employed while machines are used in their place.
The Minimum Wage Act 1948 has not been enforced in case of agriculture, forestry, sanitation workers and in many more sectors in the State and there has been no change in their living conditions. Thousands of construction workers are deprived of their dues and routinely harassed by local Labour officials for registration and renewal while filing claims for availing different benefits under the Act. Majority of the workers hamlets have no basic amenities and workers are not getting social security benefits to live a life with dignity.
There are reports of discriminatory behaviour by the local officials, elected peoples representatives of panchayats and ruling party leaders against the rural workers and migrant workers in different parts of the State. The plight of workers of the marginalized section and women has been worst because of their social identity and lack of union to represent their cause. The social and economic systems of rural and tribal areas have not changed much so far as the Labour conditions are concerned. Still there is prevalence of child labour and involuntary labour in many forms without enforcement of protective laws by Labour officials. No wage policy, working hour and social security provisions are in practice in case of thousands of contract and casual workers working under contractors.
The question is while many of the important labour laws are not being implemented properly why such dilution in some of the existing laws during the pandemic time? The workers are also human beings and citizens of this country and deserve to be treated equally.
(manasbbsr15@gmail.com)