This govt is master of distractions. while everybody is focused on Agri Reform Bill, they have silently moved Industrial Relations Code Bill, 2020 which is a much bigger evil. Let me explain what this bill aim to do
Standing Orders means rules of conduct for workmen employed in industrial establishments. Industrial Employment (Standing Orders) Act, 1946 require employers in industrial establishments with more than 100 employees to formally define conditions of employment under them
New IR Code has raised the threshold for the requirement of a standing order to over 300 workers which implies that industrial establishments with up to 300 workers will not be required to furnish a standing order. This means no need to clarify terms of employment. fire at will
Companies with <300employees will now introduce arbitrary service conditions for workers with tremendous amounts of flexibility in terms of hiring and firing,dismissal for alleged misconduct and retrenchment for economic reasons. This is complete demolition of employment security
Govt is saying that this hiring and firing workers will be more flexible and faster for employers which would result in increased employment but this employment will come at what cost? greater exploitation? Capitalism is hitting the peak and how. No safety net anywhere
If you think this is evil, Hold your horses till you find out the next thing this Bill is intending to amend. The legal process of arranging an strike. Yes! The provisions have been amended in such a manner that it will be virtually impossible to go on a strike legally
At present, ONLY a person employed in a public utility service like water, electricity, natural gas, telephone and other essential services cannot go on strike unless they give notice for a strike within 6 weeks before going on strike or within 14 days of giving such notice
This means anybody not in public utility service can go on to strike without prior notice and NOW this code is bringing all the industrial establishments under this provision. now everybody need to give a notice for strike to go on a strike legally.
Now No person employed in any industrial establishment shall go on strike without a 60-day notice and during the pendency of proceedings before a Tribunal or a National Industrial Tribunal and 60 days after the conclusion of such proceedings
Earlier definition of PROCEEDINGS used to cover only only the time for conciliation. Now it will include the time period for arbitration proceedings as well. In normal language, the Capitalists have indirectly taken away your right to go on a strike as well.
PS I am a BJP Voter and I have no bias against this govt but this is plain capitalism. These reforms might be industry demand, they might have good intentions like employment generations but the scope of misuse is so big that I am afraid, this is not making sense for me.
Taking away right of a legal strike indirectly along with the employment safety is doing good to no one but capitalists. and I dont need to tell anybody that capitalism will never go out and do anything of socialist nature with laws so vaguely formed in their own interest.
Just clocked that this dilution of labour laws have been attempted in past but it is now getting passed because of the pandemic situation as protests cant be planned and people are in no position to oppose any sort of employment. shambolic
again, there are few more things this The Industrial Relations Code, 2020 is aiming to do. so lets get onto them. Good or bad, depends on the intention, point of view and interpretation but whole picture is necessary. all the following things are simplifications of bare text.
First few provisions are about formation of Works Committee (where employees > 100), Grievance Redressal Committees (where employees > 20) and registration and regulations of Trade Unions. Trade Unions to have a separate registrar from now on.
these committees are an attempt to provide a sort of an indirect safety net to employees of smaller establishment who are no longer required to have an standing order. Are the adequate? on ground, may be not.
like everything else, now trade unions are also about to come under heavily regularized mechanism of registration, transparency of affairs and monitoring. Detailed criteria has been mentioned along with the process and rules n regulations for them.
Trade Unions which were used be registered societies or companies will now have a change of constitution. No provisions of any other laws will apply to them. Registrar
of Trade Unions to be appointed. Existing trader unions registered under 1926 act will be migrated.
from eligibility criteria of a member to annual auditing of accounts and like that every aspect of trade union operation has been defined. Good move. More transparency in works of trade unions
Coming to the strike part. These are the conditions being laid out in the code making it virtually impossible to go on a strike legally.
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