INTRODUCTION OF LABOUR LAW ORDINANCE
Laws are the rules which specify the rights & duties of the individual & they that no one will violate the rights of others individual (LABOUR LAW ORDINANCE). Its objective is to provide gel safety to the individual. Its obstinate others mean to individual, authority, organization, government not to violate any of the rights of any other individual. Laws made to provide a secure space where an individual can utilize resource & contribute to national building.
Law has defined as “a body of rules of action or conduct arranged by governing authority and having compulsory legal force. That which must be followed and followed by citizens subject to sanctions or legal significance is a law.”[1]
So, laws are rules which provide the general security to the community & obligate each one to protect the rights of other individuals changing scenario laws have amended, repealed, modified so that it can meet the needs of changing scenario & govern the society in the better ways as well as uplift the needy sector of society with times (Labour law ordinance).
Parliament & State legislature both have the power to create laws according to the subject matter as given in the 7th schedule of the constitution of India. The labour falls within the purview of concurring the rent list, which means both parliament & State can make laws on it (Labour law ordinance).
Presently more than 90 states laws & 40 central laws are regulating the various aspect of exciting labour facts is that none of these defines labour. These laws broadly classified into four categories, i.e. Condition of work, Wages & Remuneration, Social security, Employment security & Industrial Relation. These laws somehow help the labour to work in the environment & employers exploit them.
But this year 2020 something went wrong where there is a need to make laws to uplift the needy sector, and they drove to deteriorate their condition.
This pandemic situation is worst for the labour as compared to the others because the world has stopped suddenly without any prior notice all the establishment, small scale trees & other works had been closed labour lost their source of income & hardly left with savings.
So, for the evil-doer stomach they need to earn & save the life of their family for this they travel 1k to 10k km to reach their hometown without any transport facilities some accomplice other died in the way.
By keeping in mind, their condition states need to make laws which them & provide some relief, but states came with some disaster which resulted in the violative of their human as well as fundamental rights.
LABOUR LAWORDINANCE
Due to this pandemic condition, most, of the economic activity is bis shuts down, which resulted in a tremendous financial loss to the states. So, to cope up with these losses, the shapes come with the suspension or some relaxation in labour.
Different states came with various ordinances as U.P. Govt came with Uttar Pradesh Temporary Exemption Labour Laws Ordinance, 2020, M.P. Govt. Came with Madhya Pradesh Labour Laws (Amendment) Ordinance, 2020, & so with Gujarat, H.P., Rajasthan & other states.
The objectives of this Ordinance are to bring the economy back on its track as well as it will create an opportunity for new industrial investment & also generate the payment. (Labour law ordinance)
Uttar Pradesh Temporary Exemption Labour Laws Ordinance, 2020
According to this Ordinance all, the factories & establishment involved in manufacturing processes are exempted from all the labour for next the three years expect three laws & provisions for children & women. Three rules include the building & Other Construction Workers Act, 1996, Workmen Compensation Act, 1923, & the Bonded Labour Act, 1976 as well as Sec. 5 of Payment of Wages Act, 1936.
Madhya Pradesh Labour Laws (Amendment) Ordinance, 2020
This Ordinance had amended the two-state laws, i.e. Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 which regulates the employment condition of the workers & it applies to the establishment with 50 or more workers but this no. Increased to 100 or more workers & another no is Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 related to the constitution of fund that will finance activities related to the welfare of labour due to this ordinance state govt can exempt any establishment or class of establishment from this Act.
More Moreover ordinance exempted all the new factories from the specific provision of the trial Dispute Act, 1947 such as industrial dispute resolution, strikes, lockout, trade union & many more. This exemption will continue for next the three months & the existing industries exempted from the labour.
How this ordinance turns the life of labours ordinance how where only focuses on the growth economy & overlooked those who largely contribute to the labourers to the suspension of all the labours maximum of the rights are also suspended which resulted in the n violation of the human rights. This Ordinance gives essencee to employers to exploit the results of their struggle in increasing the working hours, providing minimum social security benefits, permitting the engagement of contract labour any work, relaxing the rules related to firing the workers, restricting wages to the bare minimum, turning down the trade union rights & curtail down labour erection.
It’s exclusive to say that employers do not have any obligation to pay their work prescribed minimum wages as well as workers are not left with collective bargaining & workers will work on the pleasure of the employers which means that employers can fire his worker at any time without the reasonable cause & without giving him a compensation.
Employers have total flexibility in hiring the contract labours running their entire establishment & can run their establishment without providing the necessary amenities to them, due to the waving of trade union results in depriving the workers to say on their wages & working conditions.
New unions registered until the suspension period. They have no right to excess any redressal mechanisms to address their grievances.
Does the Labour law ordinance help in boosting the economy or creating employment?
“According to the World Bank, with less restrictive legislation, India can add on an almost yearly basis and according to the State Bank of India research report, the country’s labour activity was also lower than its global counterparts.
Even in the next decade, that is, by 2021, it is estimated that India’s output per worker will only increase from China’s $ 16,698″[2] with the report of SBI it made clear that with the ordinance economy will not going to boost up the economy & with minimum laws.
The investment will be low as well as it will not create the employment opportunities because by increasing the working hour’s employers will take max work from them with min wages & there is already too much capacity & increasing of job cuts & if states want to generate the employment then instead of increasing the duration of working hours they need to increase the shift, i.e. working hours remain 8 hrs for one works & then 8 hrs for other workers. The increasing of time eventually results in job loss as well as fall in wages will conclusively depress the economy of the nation.
Is Ordinance violate the International laws, Constitution of India, & other Laws
India is the mere of International Labour Organisation (ILO). India has ratified six out of eight conventions. ILO set the guidelines & standard on which countries need to make their domestic laws.
Tripartite Consultation (International Labour Standards) Convention, 1976, had been ratified by India which enforces the consultation process between country, employer & workers which is violated by the Ordinance.
Ordineordinancen contravention to the Act itself as Sec. 5 of Factories Act, 1948, gives power to state govt. To suspend its operation only in the case of public emergency & for Factories Act public emergency is defined grave emergency where the security of the I or any territory is in danger whether by war or external aggression or internal disturbance. But COVID-19 does not fall within the purview of public emergency according to the Factories Act, 1948. So, lower power decided by the State was ultra-vires.
Labour laws are the subject matter of the concurrent list which gives in the seventh schedule as a concurrent list in the constitution of India where both central & State can make laws.
Article 254 lays down the power of the centre and to make laws on the concurrent list if the central govt has the law on a particular subject then the state govt can make law in the contravention of the prominent law in that specific subject matter.
However, if the State produces in the convention, then it will be void to the extent of the contravention, but if the president gives assent the state law, then nonconventional will also prevail in that State. Article 213 says that govern that have to promulgate any ordinance without the consent of the president where the law requires assent.
So, this Ordinance passed by U.P. & M.P. govt is without the permission of the president & it results in the violation of federal structure which is one of the primary forms of The constitution of India. Eventually, it is constitutionally valid.
Conclusion
The Labour Law Ordinance considered as the worst movie of the states govt by providing the platform to the employers to exploit the labours laws made to protect the individual irrespective of any classes rich or poor, employer or worker.
However, this ordinance turn turns the life of the labours contributed mainly to the growth of the economy of nation n. For the State’s life of labourers much cheaper at the cost of the bing the economy of nation n. If this exploitation continues then in the upcoming ing year nominations to face not only scarcity of labour also face economy breaking down worst more than this time.
[1] Black’s Law Dictionary, 6th ed.
[2] https://government.economictimes.indiatimes.com
Submitted By: Tanya
(Banasthali Vidyapith)