Other central TUs like the Hind Mazdoor Sabha and Naxalite All India Coordination Committee for Trade Unions are obviously up against what they call a draconian and unabashedly anti-worker enactment as it seeks to trample the rights of workers and employees to fight for need-based minimum wages and humanely working environment.

The central (national) trade unions met on May 26, 2015 in Delhi and decided to go in for a nation-wide strike to protest against this bill, presumably during the monsoon session. But to date their resistance is against the proposed norms for, they think that 10 per cent (of total number of workers/employees) membership or minimum of 100 members is too high and a hindrance to formation of unions in many industries. However, ‘the main problem lies in the stiff penalties imposed on trade unions and workers for violating even seemingly minor aberrations’, points out renowned labour sociologist, Dr Sharit K Bhowmik, formerly head of labour studies, Tata Institute of Social Sciences and presently National Fellow of the Indian Council of Social Sciences, Mumbai.

In a critique, published in the latest issue of Global Labour Column, Prof Bhowmik expressed concern for several anti-worker and pro-corporate aspects of the proposed labour code bill.” The anti-worker/ union approach of the bill can be seen in another sub-section, namely Section 103, Sub-section 7. This relates to non-submission of returns to the Registrar by trade unions. This reads: ‘If default is made on the part of any registered trade union in giving any notice or sending any statement or other document as required by or under any provisions of this Code, every office-bearer or other person bound by the rules of the trade union to give or send the same, or, if there is no such office bearer or person, every member of the executive of the trade union, shall be punished with a fine which shall not be less than rupees ten thousand but which may be extended to rupees fifty thousand. The continuing default would attract an additional penalty of rupees one hundred per day so long as the default continues.”

In fact, the very anti-worker impress of the proposed enactment is the chapter on Strikes and lockouts (Chapter 5),read with first section, Section 71, captioned , “Prohibition of Strikes and Lockouts” ,thus assuming that strikes are illegal. The slant against the workers and employees and for the employers is very explicit The workers have to send a notice six months in advance but the employers clamp lock-out with 15 day’s notice.

Apparently, the new code appears to be unbiased as it bans lockout or strike during conciliations, but the real intention is reflected in the provision for penalties (Sub-sections 14 to 17 of Section 103) that are much harder on workers than employers. The penalties for illegal strikes and lockouts are the same but in both the workers are financially punishable. Out of the four sub-sections, only one covers punishment for lockouts. Sub-section 15 states “Any employer who commences, continues, or otherwise acts in furtherance of a lock-out that is illegal under this Code, shall be punished with a fine which shall not be less than rupees twenty thousand but which may be extended to rupees fifty thousand or with imprisonment of one month or both.” . There is no provision for relief for workers, deprived of their wages during the duration of the lockout.

Furthermore, according to Sub-section 17, the same nature of penalty will be imposed on any person who lends monetary support to an illegal strike or lockout. Prof Bhowmik expressed his concern, “It is doubtful if monetary support will be provided to a company for helping an illegal lockout, but the same does not apply to workers and illegal strikes. The sub-section basically says that when workers are engaged in a strike that is declared illegal, they should not be provided any monetary or other support from outside. Let them starve! Would this include spouses, kinsfolk, friends and other workers who lend monetary support to striking workers? In letter the sub-section includes them”.

Veteran TU leaders apprehend that the combined protest by the workers and employees may be drowned in the cacophony of the Opposition which will grill and bully the Narendra Modi government in the three-week session on Lalitgate volleying back the same tactic the BJP often did in the Parliament by turning both the houses of the Parliament into protracted dysfunction. Which is why the Central TUs look forward to a series of protest actions. (IPA Service)