At
a time of health and economic crisis caused by the global pandemic, the
interests of labourers and workers are once again is set to be
compromised while the countries are planning to let go the preventive norms,
largely, prescribed for COVID 19.
It
would be a calculated gamble where politicians are brushing asides
epidemiologists, medical professionals, social scientists, economists etc. at a
huge risk of second wave. There is no empirical evidence to corroborate such
rush at expense of an epidemic that is still killing hundred everyday across
the globe.
The
revival of economic activity after forced closure is a key objective in all’s
mind. However, it is amoral and perverse on the part of some States to address
this need by granting sweeping exemptions from legal provisions aimed at
protecting labourers and employees in factories, industries and other
establishments.
Some
Indian federal states have embarked on a plan by allowing units to be operated setting
aside many of the requirements of the Factories Act in violation of law and by
extending working weekly duty up to 72 hours from normal 48 hours.
This
exemption is possible during a ‘public emergency’, arising out of a threat to
security due to war or external aggression. COVID 19 is not exactly an act of
aggression emanating externally qualifying as war.
Uttar
Pradesh has approved an ordinance suspending for three years all labour laws
except of child labour and Bonded Labour Laws & the likes.
The
most ugly aspect of our country’s, India, response to the pandemic was its
inability to protect the most vulnerable sections from its impact, while the
country watches with horror the continuance of the collective misery of migrant
workers well into the fourth spell of the national lockdown and government and
employers combined failed to reassure the migrant workers of two square meals
to them and their families & a safe haven or even safe passages those who
wanted to go back.
The
attitude of the ruling party towards labour remains one of sheer apathy,
bordering on contempt. Why else would a government relieve factory owners of
even elementary duties- such as- providing drinking water, first aid boxes and
protective equipment? Or suspend requirements such as cleanliness, ventilation,
lighting, canteens, restrooms and crèches?
We
are shamelessly brushing asides & trading human tragedy & dignity over
monetary objectives and let us be sure that world would be made to pay a heavy
price for it. In civilised world of social democracy in the western world, this
would be out-rightly rejected when the time is to give more without measures.
The
insensitivity with which political establishment and bureaucrats have handled
the matter has been one of indifference; it could have been handled in a much better
way.
The
situation is dismal even in the organised sector. Companies are unable to pay
employees' salary. What would happen to MSEs & SMEs & Micro enterprises?
Public
sector employees have been nudged/ asked to contribute to the PM Cares fund.
Some of the federal states had to defer employee salary for three-six months or
are paid in tranches. It reflects how the federal finance system is crumbling
& not working.
Government
should have given fiscal stimulus to suppliers and provided income support to
those on the demand side. Instead, the government kept sending advisories
without any legal binding.
Taking
cues from a nonchalant central government, Uttar Pradesh government reportedly
told district magistrates office to not file any FIR for non-payment of wages
without consulting top government officials.
Looks
like some of the federal states of India is returning back to feudalism & Nawabi
systems.
The
Supreme Court declined to intervene in the migrant labour issue, terming the
central government’s efforts sufficient. So the judicial support is also
missing to the down trodden and is now works as arms of government’s
administrative functions to abet government agendas.
Serious
questions are being raised on the independence of judiciary and certainly, if
Supreme Court fails to address pandemic crisis on the society on multiple
petitions and on multiple issues, the faith of citizens would significantly
wane and then we would be walking on the lines of banana republic very soon by
an elected autocrat in a democracy of number where quality of voters &
their conscious doesn’t matter as long as majority of voters are given some
cash and alcohol.
The
way we are going, it would not take us long to become Russia type “democracy”.
At
the same time, the public imagination is facing a ideological crisis. People
look up to states for help. In the present situation, what option they are left
with when even Supreme Courts fail to even look at the ensuing crisis.
It
means that employers who want to resume at any cost even if means
criminalisation of businesses by support from several state governments that introduced
draconian measures in complete suspension of several labour laws for the
benefit of factory owners.
There
is no social dialogue and Trade Unions have been in a state of coma for long.
The leftist and rightist labour unions are comfortable at leadership level
without being challenged and have joined the party in power. It suits the
leadership as long as their nest is feathered.
India
is a founder member of International Labour Organization (ILO). The first
convention that ILO adopted in 1919 stipulated eight hours of work in a day and
48 hours of work in a week, which has stood the test of time.
Now,
six federal state governments of India have redrafted it to make eight to
twelve hours of work in a day and 48 to 72 hours a week and government at
centre is watching the horror unfold and is perhaps scalping the employers with
propagating enfeebled labour laws that proverbially is the last straw that is
going to break the camel’s back- the workers.
We
are also a signatory to the Tripartite Consultation International Labour
Standards Convention, which requires ratifying governments to consult
stakeholders, employer and workers' bodies before taking any policy decision
related to the labour policy issues & wages. They have been thrown to the
winds.
But
the federal state governments did not engage at all with trade unions. There is
hardly any effective social dialogue on the four codes that were introduced in
parliament, and out of which wage codes were passed. India is violating the
Tripartite Consultation Convention.
India
ratified Labour Inspection Convention as well. The Madhya Pradesh government
said there would be no routine inspection and factory owners could go with the
third-party audit. It is in violation of above mention convention.
I
am compelled to believe, which most would concur that administration and
ministers having absolutely no background in the legal aspects of labour laws.
Or
it is the cavalier outlook- what can you do, we have every institutions in the
country in our pocket, including EC, SC and any other that are supposed to be
“independent”? No one is saying the governments’ need to do everything
pro-labour but at least should stop treating labour as a unit of disposable tissue
paper. They are not and let there be no doubt about it.
Governments
and employers who have failed to feel and see the undercurrents are destined to
fall. The power of collectivism is far superior and powerful that any gun barrel
the tyrant pulls towards the social entities. They failed to make a dent. They
are the backbone and bulk of India where 800 million plus are involved as
workers in agriculture, industrial and casual works. They have a right to
dignity, like any of us.
We
saw it in Tiananmen Square, Arab Springs, reunification of GDR & FRG and in
our courtyards in 1975, 1977, 1991 and now COVID 19. Each of the movements and
year had and has social significance that acted as a pivot to change the world
& country- for good or for worse.
Social
conflict does not automatically lead to collective action. For such action to
take place, a group must have leadership and a clear ideology. Most workers may
not have a clear idea of how they are exploited by low pays. The minimum wages
across the countries tell us a story of emancipation of workforce & its
enablers. The table below would tell us a different tale of woes for our
labour. I have taken selective top and bottom eight of the hourly wages paid by
leading countries identified by regional groups. You are the best judge to gauge
the disparity in workers’ wages worldwide.
BOTTOM OF THE PILE |
TOP OF THE PILE |
|||
Country |
Rate/ Hour US $ |
Country |
Rate/ Hour US $ |
|
Sri Lanka (SAARC) |
0.26 |
USA |
7.25 |
|
India (BRICS /SAARC) |
0.29 |
Japan |
8.38 |
|
Egypt |
0.36 |
France |
8.71 |
|
Bangladesh (SAARC) |
0.46 |
Belgium |
9.13 |
|
South Africa (BRICS) |
1.28 |
United Kingdom |
9.59 |
|
RUSSIA (BRICS) |
1.57 |
Germany |
10.29 |
|
Brazil (BRICS) |
1.91 |
Ireland |
11.11 |
|
China (BRICS) |
3.60 |
Luxembourg |
11.87 |