Bihar to amend industrial employment regulations
PATNA: As part of the ongoing labour reforms to give economic activity a boost, the state government is all set to bring in amendment in the Bihar industrial Employment (standing orders) rules, 1947 under which termination for contractual or fixed term employees whose contract is not renewed would not be entitled to any notice or pay in lieu thereof and the same would also apply for temporary workman.
The proposed amendment rules have provisioned new safeguards for fixed term employees as well. The labour department has already issued the draft notification of the Bihar Industrial Employment (Standing Orders) (Amendment) Rules, 2020 and invited applications for suggestions/ objections till June 16. The new amended rules will be notified after the term of inviting the objections/ suggestions is over, officials said.
As per the draft notification, the first amendment proposed is that no employer of an industrial unit shall convert the posts of the permanent workman, existing in his industrial establishment on the date of commencement of new amendment rules, as fixed term employment thereafter.
The draft notification says the fixed term employment workman, employed on a written contract for a fixed time, would be eligible for all benefits, hours of work, wages and allowances as like permanent workers and also shall be eligible for all statutory benefits available to a permanent workman.
The benefits to be extended would be proportionate to the period of service rendered by the workman even if his period of employment does not extend to the qualifying period of employment required in the stature. Officials said the provision has been made to safeguard the rights of fixed term employees so that they can reap all benefits and wages like the permanent employees.
However, proposed amended rules have been laid down that termination of temporary employees in industrial units would not require serving of notice.
The draft amended rules says ‘no notice of termination of employment shall be necessary in the case of temporary workman whether monthly rated, weekly rated or piece rated and probationers or badly workmen.’
The second amendment proposed is that no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on the expiry of such contract period without it being renewed, shall be entitled for any notice or pay in lieu thereof, if his services are terminated.
“Many states have already done changes in the industrial employment rules and our state is just following it. The amended rules would be made effective after inviting suggestions, objections by a final gazette notification,” said an officer in the labour department. Additional chief secretary, labour, Sudhir Kumar could not be reached for a comment despite repeated attempts throughout the day by calls made to his office and mobile phone.
The state government has already extended the work hours in factories from 8 to 12 hours for three months by issuing a notification in first week of May by giving relief under relevant sections of Factories Act, 1948.
The staff working for extra hours is entitled for overtime, as per the order.
However, several left parties have opposed the extension of work hours in the factories citing it as exploitation of labour force and violation of labour protection laws.