FICCI Note On Labour Policy Reforms
FICCI Note On Labour Policy Reforms
Suggested
LABOUR POLICY
REFORMS
[Type the document subtitle]
Preface
Labour policy reforms in India are due for a long time, as the context in which
they were framed has changed drastically. The Laws framed mainly to cater the
manufacturing sector, do not address the problems of the service sector, which
today, accounts for 55 per cent of our GDP. The outdated and inflexible nature of
labour laws protects a handful of say 6-7 percent of the workforce, seriously
hampering employment generation capacity of the organised sector and most of
the 10-12 million youth joining labour force every year, are forced to join informal
economy, where the working conditions are pathetic and earnings are also
abysmally.
Multiplicity of labour laws 44 central and about 100 state laws present
operational problems in implementation and compliances that need to be looked
into. Besides, using different terminologies like employee, workman, worker to
denote a worker or wages, basic wages, salary referring to the compensation, yet
covering different components in each legislation, have made compliance very
cumbersome multiplying litigations.
In the market economy of today, average self-life of a product is less than 6
months. Companies are under pressure to innovate, redesign and technologically
upgrade the products to suit consumers choices which is not possible without
restructuring and rightsizing. Chapter V-B of the Industrial Disputes Act, 1947
enacted during emergency puts all these processes under Government purview
which has promoted industrial sickness. Due to these serious policy flaws, India is
losing investments to its neighboring countries.
FICCI supported by AIOE is therefore, submitting few proposals to change the
existing labour laws, making labour policy investment and employment friendly.
1|Page
Background
Indias growth story has remained incomplete as it did not match with the
required employment growth. During the period, 2000 to 2009 the Indian
economy grew at an average rate of 8 per cent but employment growth was
rather sluggish as demonstrated by the following table.
Year
1999-00
2004-05
2009-10
This is for a variety of reasons but most important is Indias obsession with an
archaic labour policy that is keeping investors away, hindering employment
growth and making Indian enterprises uncompetitive. To circumvent the rigorous
labour policies, companies are either shifting their manufacturing bases to foreign
countries or turning capital intensive, reducing their manpower needs. Besides
swelling unemployment, these measures are also pushing people to the informal
sector.
India is a labour surplus country with 47 million unemployed below the age of 24
years and 12-13 million youths joining the labour market every year. To avoid the
growing unemployment, India strongly needs labour intensive and labour friendly
industries.
Most of the labour laws were enacted 40-70 years back, to address the then
needs of regulating the manufacturing sector. Today, service sector has taken the
lead with 55% share in the GDP. Labour Laws need to be reoriented to address
the emerging needs of the service sector and the new technology intensive
manufacturing sector.
Besides, in a dynamic economic context, laws need to be reviewed from time to
time to bring them in tune with the changing needs of the economy, such as
higher levels of productivity, competitiveness and investment promotion.
Viewed from this perspective, FICCI feels that the following changes in labour
laws are overdue and must be brought in to ensure employment led growth.
2|Page
(ii)
3|Page
(iii)
(iv)
FICCI would like to suggest that a separate set of simple labour laws should
apply to enterprises employing less than 50 employees to promote micro
and small enterprises with a self-contained code covering laws on
employment relations, wages and social security. These enterprises termed
as smaller enterprises should be exempted from the application of the
Industrial Disputes Act, 1947 and the Industrial Employment (Standing
Orders) Act, 1946 as recommended by the 2nd National Commission on
Labour.
3. Following are section wise key suggestions required in the existing laws:
A. Industrial Disputes Act, 1947
i.
ii.
Definition of industry
The definition of industry under Section 2(j) had been amended in
1982, but could not be enforced due to absence of a parallel
machinery to investigate and settle the disputes in the excluded
category of the establishments. Parliament in its own wisdom
thought it prudent to save certain institutions like hospitals,
education and research institutions from the vagaries of industrial
unrest like strikes and lockouts, and kept them out of preview of
Section 2(j). The amended definition of industry should, therefore,
be enforced forthwith.
iii.
Definition of workman
Section 2(s) defining workman needs to be amended. Excessive
protection given to the employees in the higher salary brackets in the
5|Page
organised sector like Airlines, Bank, Insurance, etc., has not helped to
make these employees accountable to the establishment and the
society at large. On the contrary, it has tended to erode the overall
discipline. It is, therefore, suggested that employees receiving a
salary beyond `20,000/-, should be taken out of the ambit of the
definition of workman. Further, Supervisors, Managers and people
holding administrative positions irrespective of the salary limits,
should be taken out from the purview of the definition of workman.
iv.
Notice of change
Section 9-A requires an employer to give 21 days notice to the
Union before stipulating any change in the service conditions. This
includes, inter-alia changing of shifts, reducing or increasing the staff
strength as necessitated by the business needs or installing new
machines. This operates as a serious bottleneck, in industries, to
address exigencies, such as power shortage or rescheduling work to
meet emergency demands. Therefore, to respond to the market
conditions and make full utilization of resources available, Section 9A
needs to be dropped. In this context, the 2nd National Commission on
Labour has recommended that no notice would be required with
regard to rationalization, standardisation dealt with by item No. 10 &
11 in Fourth Schedule. This may be implemented.
v.
6|Page
7|Page
8|Page
ix.
x.
Publication of Awards
According to Section 17 of the existing Industrial Disputes Act, only a
published award becomes enforceable on the expiry of 30 days from
date of its publication. The requirement of publishing Award is a
mere formality, consuming time and resources. The same can be
communicated to the parties like a Judgment of the Civil Court,
which should become enforceable on the expiry of 30 days after the
9|Page
ii.
Applicability
The provisions of the Act should not apply to enterprises employing
upto 50 workers to provide relief to a sizeable number of MSME units.
iii.
Deletion of Section 10
Due to abolition of Contract Labour from one operation to the other,
industry is finding it difficult to engage extra hands to discharge shortterm contract including export commitments; as a result, employment
generation is also suffering. Section 10 of the Contract Labour
(Regulation & Abolition) Act, 1970 should, therefore, be deleted to
provide flexibility to engage contract workers.
10 | P a g e
iv.
v.
i.
Applicability
The Factories Act, 1948 applies to a manufacturing unit employing 10
workers if the work is being done with the aid of power, or employing 20
workers without the aid of power.
This limit was fixed more than 60 years back, and since then many safe
and hazard free technologies/processes have been developed and are
being used. Yet, even smaller units employing as low as 10 workers are
subjected to the same elaborate and harsh provisions of the Factories
Act, 1948.
In order to escape the rigorous provisions of the legislation, many times
the small manufacturing units employ less than the threshold limit and
employment is directly affected. FICCI therefore recommends that the
definition of factory under section 2(m) of the Factories Act be amended
to cover a manufacturing unit employing 20 workers if working with
the aid of power or employing 40 workers if working without power.
ii.
Definition of Occupier
Section 2 (n) Occupier shall be a person who has ultimate control over
the affairs of the factory but restricting the definition of Occupier only
to a Director in the case of Private sector with multiple factories, who
may not be stationed at the site of the factory all the times, puts
unreasonable restrictions. Rather the definition of occupier need to be
extended to any managerial person vested with the ultimate control of
the factory by a resolution of the Board of Directors.
iii.
12 | P a g e
ii.
iii.
iv.
Daily closing of shops: As per the Act, every shop has to remain closed
on every Sunday, provided the authorities prescribe some other day of
the week as the day for closing. The Act does not cognize for todays
consumer dynamics, which in many cases mandates 24 hours operations
on all days of the year. The employer should have the flexibility to run
13 | P a g e
14 | P a g e
ii.
iii.
15 | P a g e
v.
16 | P a g e
Tamil Nadu
o Combined annual return for Factories Act, Contract Labour and
Regulation Act Maternity Benefit Act, Payment of Wages Act and
Minimum Wages Act.
o Self-certification under Shops and Establishment Act, Minimum
Wages Act, Payment of Wages Act and Maternity Benefit Act for
IT / Software establishments.
o Software establishments exempted from the provisions of
opening and closing hours and holidays under Shops and
Establishment Act.
Karnataka
o Combined annual return for Factories Act, Contract Labour and
Regulation Act Maternity Benefit Act, Payment of Wages Act,
Minimum Wages Act and Payment of Bonus Act.
o Exemption of establishments in the software industry from the
Standing Orders Act.
Andhra Pradesh
o Self-certification under Factories Act except hazardous industries.
o Definition of core activity under Contract Labour Act. Payment of
salaries to contract workers through Bank or Cheque.
o Exemption from provisions related to daily and weekly hours,
opening and closing hours, engagement of women, holiday wages
for software establishments.
Maharashtra
o Self-certification under Factories Act and Shops and Establishment
Act.
Odisha
o Combined muster roll cum wages register under Factories Act,
and Minimum Wages Act.
o Combined Annual Returns under Factories Act, Contract Labour
Act, Payment of Wages Act, Minimum Wages Act and Payment of
Bonus Act.
17 | P a g e
Gujarat
o Combined Annual Returns under Factories Act, Contract Labour
Act, Payment of Wages Act, Minimum Wages Act, Payment of
Bonus Act, Payment of Gratuity Act, Equal Remuneration Act and
Industrial Employment Standing Orders Act.
Uttrakhand
o All contractors to submit registers on a fixed day before the
authorities for inspection, thus avoiding inspection of principal
employers establishment.
Rajasthan
o Self-certification under Contract Labour Act, Payment of Wages
Act, Factories Act, Minimum Wages Act, Maternity Benefit Act,
Payment of Bonus Act, Payment of Gratuity Act, Equal
Remuneration Act and Industrial Employment Standing Orders
Act. One return for all these Acts.
To conclude, FICCI suggest that the penal provisions in all these laws need to be
revisited and the penalty of imprisonment, wherever it appears, should be
converted into pecuniary fines. This will help investors to invest freely and
without any fear.
*******
18 | P a g e