Labour reform is one of the most sensitising actions by the treasury bench that often knowingly or unknowingly is opposed not only by the opposition bench but often by the trade union outfit of the treasury bench. The fall out is obvious...once bitten, twice shy to implement. The Indian trade union movement is much more aligned with political ideology rather than syncing with the socio-economic reality. Within the prevailing geopolitical scape of the country often the actual reform takes the back seat. In a country even the mildest intervention attracts huge criticism in public platform and thus the ideas of reform are often shelved helping none other than the conflicting political outfits aiming for retaining and/or capturing support base from the industrial population. There is a growing un-unionised culture of certain knowledge based industries.
While I was flipping through the pages of the book "Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes" written by Hon'ble K Vittala Rao a significant recent experience cropped up in my mind and I take liberty to share the same. A few months ago, while checking the syllabus of a 2 years postgraduate HR (Major) program of a renowned institution I could not figure out any courseware for the students on the labour laws. When I enquired, the very closely connected interfacing HR Professor told me that they did not have any module on labour laws as students are not interested on them. Without getting into a debate about whether the institution is right by accommodating the student's choice on the courseware, being a stakeholder; I could not resist myself and asked the Professor that what the babies are going to do in corporates? Would they go to train people, or remain busy with recruitment calls or would engage only with lip services? The Professor appreciating my viewpoint humbly replied, "It is utmost important for budding HR managers to have working knowledge of labour Laws, else the legal framework of the HR system could not be understood, and the budding HR managers shall have serious repercussions in their careers".
Legal & Management Consultant.
The views in this article are author’s point of view. This article is not intended to substitute legal advice.
An Area of Concern to be addressed by the Central as well as State Governments and also by all professionals.
Now, we are very familiar with the provisions of Occupational Safety, Health & Working Conditions Code 2020.
The draft rules based on the Central Draft Rules, also have been published by most of the State Governments.
It is appropriate now to deeply analyze various implications arising out of the Code.
The Code has repealed the existing legislations under the scope of the Code, mainly Centrally enacted with State Rules for implementations.
The Code has not touched upon any State Legislations like, Shops & Commercial Establishments Act, Labour Welfare Fund Act, National Festival Holidays Act etc.
Arising out of this, we need examine the enforceability of Shops & Commercial Establishments Act with Rules and the controversies while deeply examining the Code.
Are there are any overlapping or the extent of repugnancy?
Hence, I have made an attempt to analyze and present to all Legal Practitioners, HR Fraternity and no exceptions to State / Central Authorities.
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