• Tue. Oct 27th, 2020

Campus Beat

Independent Student News Organization

[Explained] Labour laws 2020 – A change in era of labour class.

Ritika Gusaiwal

ByRitika Gusaiwal

Oct 12, 2020

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of Campus Beat. Any issues, including, offense and copyright infringment, can be directly taken up with the author.

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The central government proposes to replace 29 existing labor laws with four codes. The objective is to simplify and modernize Labour regulation especially for an organized sector regards to social security, health, and etc.

The main motto to replace these existing laws to provide more facilitation to workers especially in the unorganized sector. By providing them social security, occupational safety, health, and to make strengthen labour class enforcement, allowing a flexible form of labour, and promoting collective bargaining.

Let’s look at these labour laws 2020 which includes three new legislations.

The Industrial Relations Code combines the features of erstwhile laws- The Trade Union Act, 1926; The Industrial Employment Act, 1946; The Industrial Dispute Act, 1947.

The main feature of this code- 

1. It is depicting that Workers from skilled or unskilled, organized or unorganized, employed form various sectors, earning up to 18000/month will fall under this category.

2. It also introduces ‘the fixed-term employment’, which will be based on a requirement through a written contract and they should be treated like permanent workers in terms of hours, wages, allowance, and other benefits.

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3. Earlier in the 2019 bill applied for a unit of 100 employees or more but now it has been raised to 300 in the 2020 code, to prepare standing orders relating to the classification of workers manner of intimidating to them periods and are off work holidays payday shifts attendance condition for leave termination of employment or suspension, etc.

4. No workers can go on strike without providing at least a 60-day notice earlier it was 14 days of giving notice.

Code on social security 2020-There will be the establishment of a ‘National social security board’ to check on the unorganized sector including home waste workers, self-employed workers, wage workers, gig workers, platform workers in this code a ‘career center’, which will be established to collect and provide information of the work and also give career counseling with guidance.

Major concerns with this code –

1. Eligibility does not mean that the benefits are guaranteed.

2. Why would companies invest in workers if they are doing part time etc.

3. Enhanced and string and penalties.

4. Centre and state government relation with regards to different legislations.

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Occupational Safety Health and Working Conditions Code Bill 2020– It will make sure health, safety and working condition of the employee is safer. Due to safety cause a women is not able to work in night and hazardous conditions. But if they will provide with all the necessary safety precautionary measure, they can work safely.

Migrant workers-(Earning less than Rs 18,000/month) There are people leaving their home state, there is something called public distribution system benefits (provide food item) where they can claim benefits from any other state too. Amount of work and no. of hours should not exceed 8 hours. State government can exempt any new factory from the provisions in the code. 

Merits & criticism

1.  Earlier, companies could not fire more than 100 people who are employed in such a company but now it is extended to 300  but before that anything more than hundred they still had to see the permission of government for firing people. So, this was not flexible enough for the person who is hiring.

2. This will lead to ease of business, as less restriction for workers lead to more private companies

3. Major criticism with respect to deliberation because when it comes to no. of legislations changed and repealed. While doing all this views of workers, stakeholders and trade unions must be in checked but they were not taken in this picture by union government.

4. Some of the basic human rights will also get violated because the companies are now given a great of freedom in termination and expectations.

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