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Brain-booster / 17 Jun 2020

Brain Booster for UPSC & State PCS Examination (Topic: ILO and Indian Labour Laws)

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Brain Booster for UPSC & State PCS Examination


Topic: ILO and Indian Labour Laws

ILO and Indian Labour Laws

Why in News?

  • The International Labour Organisation (ILO) has informed trade unions of India that its Director-General has expressed concern and urged Prime Minister Narendra Modi to “send a clear message” to the Central and State governments to uphold international labour laws after the recent dilution of laws by some States.

Background

  • On 14 May, 10 central trade unions wrote to the Geneva-based ILO highlighting the plight of workers and the violation of ILO convention No 144. They sought its intervention. India is a signatory of ILO convention 144, which calls for tripartite consultations among government, employers and workers.
  • India has inked many conventions with ILO which commensurate with the existing legal system and laws of the land. A country can ratify a convention with ILO after putting in place all provisions mandated in its laws and legal framework. ( Thus, a change in labour laws or suspending those may lead to violation of these conventions, which are also international commitments by ratifying nations.
  • To lure investment and make operations of business viable amid the COVID-19 pandemic, Uttar Pradesh, Gujarat and Madhya Pradesh have announced sweeping changes in labour laws, either through the ordinance route or through executive orders, including the scrapping of some provisions of the relevant laws for three years or more.
  • While others, including Haryana, Himachal Pradesh, Rajasthan, Assam and Odisha increasing working hours to 12 hours per day for three months. Rajasthan has now withdrawn the order on extended working hours, limiting it to eight hours a day.

ILO's Response

  • In a response to the unions on May 22, the chief of the Freedom Of Association Branch of the ILO's International Labour Standards Department, Karen Curtis, wrote: “Please allow me to assure you that the ILO Director-General has immediately intervened, expressing his deep concern at these recent events and appealing to the Prime Minister.
  • ILO also urged PM to send a clear message to Central and State governments to uphold the country's international commitments and encourage engagement in effective social dialogue”.

Changes in Labour Laws

  • Certain states in India are moving towards relaxing labour laws with a view to revitalise the economy from the impact of COVID-19.
  • The Uttar Pradesh government has proposed an Ordinance exempting firms from almost all labour laws for the next three years.
  • The Gujarat government has announced that it will follow in UP’s footsteps and allow new companies setting up shops over the next 1,200 days to be exempt from major labour laws.
  • The Madhya Pradesh government has notified changes in labour laws to do away with the need to avail multiple licences for hiring contract workers and setting up factories. It has exempted firms from various welfare provisions under the Factories Act, 1948, along with replacing inspections with third-party certification and giving exemptions from industrial relations laws.

Wide Representation

  • There are total of 12 central trade unions in the country.
  • The unions that sent the representation to the ILO were the Indian National Trade Union Congress, the All-India Trade Union Congress, the Hind Mazdoor Sabha, the Centre of Indian Trade Unions, the All-India United Trade Union Centre, the Trade Union Coordination Committee, the Self Employed Women’s Association, the All-India Central Council of Trade Unions, the Labour Progressive Federation and the United Trade Union Congress.

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