Therefore, we must ask ourselves, both who are in the running establishment and in the opposition, as to why not have a mechanism where both benefit equally, as Prime Minister Modi has put the question before the nation while talking about the Codes? Why should one be allowed to tell angelic things and doing something potentially or actually devilish? Such questions are of utmost important because we are at the door of a new phase of “labour reforms” in the country and stakes are very high for both employers and employees, in particular, and the whole economy and the people in general.

There is no denying the fact, as the PM Modi has said, that labour reforms in the country are long due and much awaited. This sentence is so vague that it includes a wide range of meaning. The labour reforms Modi want to implement are quite different from what the workforce or the business and industries except some crony capitalists want. It is at this point controversy has emerged because the four labour codes do not go beyond subsuming the said 29 labour laws which has given rise to overall discontentment among both the workforce and the business and industries.

A mere look at the labour profile of this country would make it clear how substandard our four labour codes are compared to international standards. And one may wonder as to why Modi government should not try to elevate our country by elevating the standard legal provisions? It should be eye opener to all who are concerned to know that India has ratified just 47 conventions and one protocol of the International Labour Organisation (ILO). Out of 8 Fundamental Conventions India has ratified only 6, out of 4 Governance Conventions (Priority) only 3, and out of 178 Technical Conventions only 38. Moreover, out 48 ratified conventions and protocols, only 39 are in force, 4 conventions are denounced, 5 instruments abrogated, and none have been ratified in the past 13 months. The latest ratification by Modi government since October 2015 are only three – relating to Maritime Labour Convention, Minimum Age Convention, and Worst Form of Child Labour Convention. It clearly shows how this government is concerned about the well-being of Labour. The four Codes thereby excluded a large number of labour standards.

The Union Government’s attitude towards workers is clear by seeing merely the two fundamental conventions that it did not ratified which are Freedom of Association and Protection of the Right to Organise, and Right to Organise and Collective Bargaining. It is also claimed that the Codes cover labour of all sectors, if so what prevented this government to ratify the Governance (Priority) instrument concerning Labour Inspection (Agriculture) Convention.

Now come to the four controversial Codes, Modi claims “will ensure well-being” of our workers, which the central trade unions call “anti-labour”, and even the RSS affiliated and BJP supported Bharatiya Mazdoor Snagh (BMS) found the codes unacceptable and organized protests. These have been framed in the backdrop of approximately 90 per cent of workers working in unorganised sector that do not have access to social security, and total number workers are over 50 crore.

It has been claimed by Modi government that Code on Wages 2019 will ensure minimum wages, timely payment, review of minimum wages in every five years, equal remuneration to male and female, remove regional disparity in minimum wages with provision of floor wage, and simplification of determination of minimum wages based on criteria such as skill level and geographical areas. The claim would prove false since it includes contradictions, for example “removing regional disparity” and “determination on the basis of geographical area” both at the same time. Moreover, if government’s intention is pious, one wonders what prevented the government for not ratifying even the Protection of Wages Convention, Minimum Wage Fixing Convention, Night Work Convention and so on? Rules on this Code has already been framed and several are alleged to make room for further exploitation of workers pushing them to modern day slavery. Modi government has held it back not because the objections raised against these, but for its implementation at one go with the other three Codes – Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code 2020, for which rules are being framed not according to the internationally agreed labour standard but according to the four substandard labour codes enacted by the Modi Government.

Discrepancies and contradictions can be seen in all the four codes and hence the rules cannot be framed beyond its scope and ambit to included fair dealing to workforce. One glaring example can be given for “Work from Home” trend for which India has no rule, and it badly needs one in the present circumstances. It is also an irony that barring the Code on Wages, all of them were passed in the Parliament of India during COVID-19 crisis which brought “Work from Home” trend at unprecedented level, but the Codes did not even touch the subject. There was already a convention for Home Work convention, which India did not ratify.

The hollowness and smallness of the four Codes is baffling when we come to know that women’s organizations are compelled to start a campaign for ratifying safety for women convention at workplace. Why there should not be safety at workplace for women and why government should not ratify the same? There are many instruments that are yet to be included in the Codes, such as the conventions relating to Migration for Employment, Social Security (Minimum Standards), Weekly Rest (Commerce and Offices), Hygiene, Employment Injury Benefits, Invalidity, Old age and Survivors Benefit, Medical Care and Sickness Benefit, Working Environment relating to pollutions and safety, Labour Administration, Labour Relations, Occupational Safety and Health, Maintenance of Social Security Rights, Indigenous and Tribal Peoples, Night Work, Part-time work, Protection of Worker’s claims, Safety and Health in Agriculture, Domestic Workers, Violence and Harassment and so on.

Since it is defining time for India’s work force, business and industries, and the economy and well being of the people, the four labour codes need renegotiation for the benefit of all, which are at present not a comprehensive framework as it is claimed by the Modi government. Business and industries have also been finding it difficult to readjust according to these codes, which was one of the reasons of delay in implementation, and which should be taken note of, apart from its great potential adverse impact on industrial relations that ultimately harm all. (IPA Service)