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NEW DELHI: The Union labour ministry is examining a set of radical changes made by Uttar Pradesh, Madhya Pradesh and Gujarat to their labour laws, including moves to freeze them altogether, and may suggest several modifications because some changes could be against “acceptable norms”, a government official said, asking not to be identified.
The Bharatiya Janata Party (BJP)-ruled states passed ordinances to give effect to various changes, some of which effectively suspend labour laws. None of the ordinances has received approval from President Ram Nath Kovid, according to people with knowledge of the matter.
Madhya Pradesh sent its ordinance for the president’s approval on May 18.
The Uttar Pradesh government sent its ordinance soon after the state’s governor Anandiben Patel approved it on May 14.
Gujarat too sent it soon after the state’s governor Acharya Devvrat gave his nod.
Under the Constitution, labour falls under the concurrent list, which means the Union government and states have joint jurisdiction.
Changes by state need to be ratified at the federal level.
“The main concern is violation of the accepted universal norms. Industrial dispute resolution mechanisms, compensation and other such issues are important considerations. Can you simply suspend all labour laws? Legal views matter in this,” the official cited in the first instance said.
The Uttar Pradesh government suspended key labour laws for all units for three years on May 6 through an ordinance.
The Madhya Pradesh government has announced on May 7 it was taking a similar course to put all labour laws on hold for new units, barring some provisions of the Factories Act, 1948, for the next 1,000 days.
Five other states -- Haryana, Pradesh, Rajasthan, Assam and Odisha -- have increased working hours from 8 hours to 12 hours a day for three months. Rajasthan too extended work hours, but rescinded it .
However, the moves drew criticism from labour experts, who say suspending the laws not just eased regulation but infringed on workers’ rights. The labour ministry is examining whether the changes impact conventions of the International Labour Organisation (ILO).
Ten central trade unions wrote to the Geneva-based International Labour Organisation, stating that changes in labour laws by these states violate workers’ rights and International Labour Organisation convention No 144, to which, India is a signatory.
The convention enjoins signatories for consultations among government, employers and workers.
“The moves to simply suspend labour laws effectively brings the North American hire-and-fire model to the Indian hinterland economy. However, they will also lead to a basic violation of universal workers’ rights,” said economist KR Shyam Sundar of the Xavier Labour Relations Institute, Jamshedpur.
The International Labour Organisation has issued an appeal to Prime Minister Narendra Modi on May 25.
“Please allow me to assure you that the International Labour Organisation director general has immediately intervened, expressing his deep concern at these recent events,” an International Labour Organisation letter addressed to the trade unions stated.
The main concern is violation of universal norms. Industrial dispute resolution mechanisms, compensation, etc are important considerations AN OFFICIAL