Draft labour codes allow women on night shifts, tighten strike norms
MUMBAI, May 10 -- The Maharashtra government has published its draft rules for the new labour codes announced by the central government late last year, amid stiff opposition from labour unions.
The draft rules, dated April 28, have now been made public, with the state inviting objections and suggestions from stakeholders. If the rules are not challenged during this 45-day period, the state will notify the labour codes for Maharashtra.
The new labour codes announced in November last year consolidate 29 laws into a contemporary framework. They ensure minimum wages, social security for all workers, make appointment letters compulsory, mandate free annual medical check-ups, formal grievance redressal systems, equal opportunities for women, and measures that enhance workers' safety, among other things.
They also remove blanket restrictions on women working night shifts in factories and other establishments. The rules also mandate for creche facilities in establishments employing 50 or more workers, work-from-home options after maternity leave, and equal wages regardless of gender. The state government has issued draft rules under four codes - Industrial Relations Code, 2020; Code on Wages, 2019; Code on Social Security 2020; and Occupational Safety, Health and Working Conditions Code, 2020.
Labour unions have hit out at the draft rules, most significantly the increase in thresholds for the applicability of the new codes. This has removed a very large number of companies from the ambit of the new laws, they point out. Unions have opposed the fixed-term employment clause, saying it discourages permanent jobs and compromises job security. They have also objected to the 14-day notice required before a strike, arguing it weakens unions' bargaining power.
Calling the new codes "anti-labour", Gangaram Gawde, director, Ambekar Institute of Labour Studies, alleged the codes favour managements and companies. "The increase in threshold for applicability of laws shows the government does not wish to continue social security for workers. Fixed-term employment is like a sword hanging over workers' heads, making it difficult even to secure housing loans," he said.
However, a state labour department official said the reforms would improve ease of doing business and create an industry-friendly atmosphere. Labour minister Akash Phundkar said the rules would bring discipline, clarity to wages and security for gig workers....
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