‘Labour’ is Pivotal in Shaping a Human and a Society

  • Mallikarjun Kharge

‘International Workers’ Day’ reflects the contribution and sacrifice of workers in building the world we see today. We remember this day for the long struggle of workers for fair and equal pay, safe working conditions, the right to organize and to make their voices heard in the workplace, in the courts and in the government. Governments since independence have protected and empowered labour interests, but unfortunately, the present central government has given a backseat to workers’ rights. Their rights are being undermined - whether they work in agriculture sector or public or private or unorganized urban sector - their voice is being unheard.

Consider the four labour codes that were hurriedly passed by Parliament, as were the three farm laws, which were later withdrawn. It is true that more than 40 laws need to be ‘updated’ to meet today’s challenges, but the Modi government has used this excuse to undermine the protection of workers and usurp the constitutional powers of state governments. The labour codes have four fatal flaws which make them anti-labour.

Firstly, these codes do not apply to most workers or establishments. For example, establishments employing less than 300 people can easily fire workers or close their units without approval. Those employing fewer than 50 people are exempt from workplace safety laws. Provident fund, gratuity, insurance and maternity benefits are not available in small establishments. Second, even if labour codes apply to an establishment, governments have a lot of room to make concessions in terms of workplace safety, social security, protection from firing, retrenchment or closure.

Third, these codes undermine workers’ ability to fight for rights by making it more difficult to form a labour union, outlawing any strike without two weeks’ notice, and punishing those who support such a strike.

Lastly and most importantly, these labour codes ignore the major challenges faced by the workers. How can crores of workers be helped without written contracts? How can the condition of contract workers be improved? An employee struggles when he loses his job or gets hurt, how can this struggle be reduced? The codes are silent.

Clearly this government regards labour laws as an inconvenience. It does not understand that labour laws, when well-framed and enforced, protect workers and also bring certainty to businesses. This is the reason why BJP governments in states like Uttar Pradesh and Madhya Pradesh have been lagging behind in attracting foreign investors in manufacturing despite waiving key labour laws for three years using Covid-19 as an excuse. As a former Chief Economic Advisor to the Modi government put it, investors feel that if there is a drastic and sudden change in regulations in one direction, they can be reversed suddenly.

The public sector has enabled crores of workers, especially from the Dalit, Adivasi and OBC communities, to move into the middle class within a generation. Their children are now doctors, engineers, bankers and professionals too. This security is fast eroding with over 30 lakh vacancies in the government posts across India and indiscriminate privatization of high performing PSUs in strategic sectors like BEL and BHEL. In addition, the ‘Agnipath Scheme’ will deprive three out of four recruits in the armed forces of employment and social security. It should not be a surprise, if the government extends the contract system to other government jobs as well. MGNREGA is being strangled already. The flawed GST regime cripples small and medium enterprises, especially in the unorganized sector. Subsidies go to big corporates instead of small and medium scale enterprises that employ most of the workers.

Today, when the younger generation values the wealth creators, I also see that many do not have the time or patience for workers’ rights. They believe that the market should decide the fate of the workers. They have no objection if the government tips the balance in favour of industrialists risking capital. Well, workers’ rights are not only about fair wages, they also protect their dignity, which is important for our economy in the long run. Without dignity, youth will choose not to go for jobs. Today, we face a catastrophic situation with 17.5 crore youth who are neither studying nor are being apart of the workforce.

Governments that respect the voice of workers are capable of taking innovative measures for their welfare. The Congress-led UPA government, in which I was the Labour Minister, launched the National Security Insurance Scheme and provided health insurance to about 12 crore unorganized workers. The governments of Himachal Pradesh, Rajasthan and Chhattisgarh have restored the old pension scheme. New technologies have created opportunities, but also new forms of labour insecurity.

The Prime Minister and the BJP feel that rebranding of schemes and changes in laws will help the workers. I am a labourer’s son and I have led a labour union. I know, a lot more needs to be done to deal with the problems faced by the workers. The first important step should be to stop neglecting the workers in decision making, to revive the voice of the workers.

Courtesy: Hindustan