The rights of workers and Wormer are always under attack in the profits. In our country, too many workers do not receive the minimum wage and work many hours that eight every day without pay or a weekly discount. Today there are more workers hired in formal workplaces than regular or permanent workers.
Trade union recognition is very difficult to achieve. The mechanisms for Social Security hinder access and are restrictive and discriminatory. In addition, all labor laws are open to interpretation and are subject to multiple jurisdictions. Despite the weaknesses of the thesis in the law, the sustained agitation of the workers during much of the twentieth century, led by strong democratic unions, caused profits that the courts remained to entrust by the courts, including the Supreme Court. Therefore, the labor law was read more closely with the legal jurisprudence prefalled legal established by the courts. The Judiciary, to some extent, thought without questioning the profits, acknowledged that the unequal power relationship between employers and their employees should be taken into account in a democracy that seeks a minimum of equity.
Since the 1990s, with the changing geopolitical map of the world that changed the balance of force, this recognition of the imbalance in power relations has been unfortunate. In 1991, India went from an economy to one that privileged the profit system in everything else and especially workers. This process advanced in the workplace as tripartite labor machinery decreased at all levels, and with changes in the opinions of the Judiciary, even when there were no significant changes in labor laws in our country. Both the Executive, who completely abdicated his responsibility to guarantee equity and worked decidedly to attraction, and the Judiciary, which protected the Executive, have tried employers, including the government.
Labor codes are, in effect, a coding of employment practices that are violent or basic labor rights. Hence what is de jure Today will become de facto When labor codes enter into force. There are seven general cardinal principles for labor rights won during the last century and protected by statute, jurisprudence or accepted practice, that labor codes will undermine the enormous disadvantage of workers.
First, the codes place the unions and their unequal standing members before the employers of the Vis-Avis law and their companies. The unions under the codes can be banned (to denote their registration) by a violation of the omnibus industrial relations code. It is not expected that said punitive measure against a company under the law of companies or any other law. This provision for the deregistration of unions, when taken together with the virtual impossibility in the right to strike, will force workers and their unions to resort to extra legal platforms to advocate and stir their cause. This is equivalent to the legislature that pushes the working class towards criminalization for making reasonable and legal demands.
Second, the codes create a clear legislative division between the so -called ‘formal’ and the ‘informal’ (including contracted workers). These workers who do not have ‘formal’ labor relations, either in a incorporated or not incorporated company, will remain beyond the pale law only to ‘benefit’ of ‘schemes’ that the Government ‘can’ introduction that will not be justicable. Therefore, although the government accepts the natural tendency of capital concentration, the legislature has sanctioned a constant and greater dispersion of work, ensuring that the vast majority of workers continue to remain beyond the remedy.
Third, the codes undermine the federal nature of labor legislation and implementation to the extent that there is a central law of OMNIBUS that abandons states with little space for maneuver. Instead of advancing in the constitutional value in which the problems in the list of competitors allowed the States to legislate with respect to the highest and better conditions for workers, codes aber the space to do only the opposite. When opening, for example, work hours to establish specific legislation and regulation power, codes, in fact, open the race to the bottom. For example, states will compete with each other for more work hours, violating the right to an eight -hour work day completely.
Fourth, as is the case with all other laws under the current government, the codes erodes the mandate of the Legislature, thus transmitting the power to amend the important rights of workers protected by the law on the Executive. From access to information on the finance of a private company to the formula to calculate the annual bond to factory safety legislation after the Bhopal gas tragedy, to the protection of health and safety won through the new workers in the construction of the existing legislative protection to the executive’s prerogative.
Fifth, despite the statements, the codes are far from being integral at their disposal. The codes are discriminatory and restrictive. Virtual keep all agricultural and domestic workers out of reach of their implementation. Stores and states establishments remain out of the reach of the codes, leaving aside a fixed body of workers in offices, retailers and other commercial employment areas. The codes address the change of night for women’s work, but do not address sexual harassment and ubiquitous violence that takes place in the workplace.
In particular, sexual harassment is still left in the POSH law. It has no connection with the codes. The violations have not separated the legislation in the codes. Therefore, thesis violations will continue beyond the Remit of the application machinery of the Labor Law. This will contribute to persistent and growing harassment and violence against women. These violations of tombs will not be addressed as a violation of labor rights. Therefore, women’s harassment goes to an active mechanism to ‘disciplinary’ and ‘control’ in the workplace. In addition, the alarm is the law of non -inclusion of the Child Labor Law (prohibition and regulation), 1986 that, through a recent amendment under the current government, legitimized the use of children who are members of the “family” establishments.
Sixth, the codes violate the acceptable international labor standards, as agreed by the Member States of the International Labor Organization. Of course, it could be said that many of these conventions have not ratified the legs by the previous governments. However, what the current violations symbolize is marked. The codes violate the ILO convention No. 1 in working hours. This Convention was adopted in the Founding Convention of the ILO in 1919 and ratified by the colonial government of India in 1921. The young Indian Indian ratified the ILO Convention of 1949 No. 81 on Labor Inspection. If the labor inspection system was in Jirones ten years ago, today it is completely demobilized. Tripartitas consultations (government employers unions) are now a thing of the past, although an advisory machinery is implemented in pre-industusive India. Similarly, we have ratified the 1978 ILO convention. 144 In tripartite consultation, but there are no consultations with the unions in a decade and certainly not in the codes.
And finally, the framework of creating an environment of ‘ease of doing business’ has meant the elimination of punitive measures against employers for violation of the law. All this has been done in the name of ‘dismissal business’. According to the existing minimum wage law of 1948, the default of minimum wages is a punishable criminal offense with imprisonment. The lack of payment of wages is widely accepted as by the Supreme Court as such. Under the codes, this crime can now be resolved with a monetary fine. Labor codes, in effect, provide employers with a license to practice forced labor. This is just the tip of the iceberg.
Speaking realistically, for most workers in the country, codes are already a living reality, whether legislet is in force. It cannot be denied that existing laws have not brought relief to the many. The task of challenging codes, reverence them and gain strong rights in the workplace and must continue to be the task of workers through their unions.
As we advance to address our task, we must, learning both from our history and from experience worldwide, recognize that the rights we gain are significant and nouns only if they are not universal in their reach and do not wash without work and have no work or work. There lies our challenge.
(Gautam Modly is the general secretary of the new trade union initiative. Courtesy: the brochure, an independent platform for the avant -garde, progressive, legal and political opinion, founded by Indira Jaising and Anand Grover).