Narendra
Modi govt clears proposals to amend Labour Laws. what's the Bill?
Highlights of the proposed amendments
· The Union Cabinet has approved 54 changes in the Factories Act 1948, the
Apprenticeship Act 1961, Labour Laws (Exemption from furnishing returns and
maintaining of registers by certain establishments 1988). The Government will
now table the proposed amendments in the Parliament and given the majority it
enjoys it won't be facing any problem to get them approved.
·
The amendment is expected to allow women for night duty with adequate
safety and also ensure provision for transport after work.
·
The proposed amendments also aimed to increase the overtime hours from
the current limit of 50 hours per quarter to 100 hours per quarter. With the
approval of state government, the amendment also proposes this limit to be
increased to a maximum of 125 hours per quarter.
·
Ensuring safer working conditions for employees working in
hazardous environment as well as provision of canteen facilities.
·
Factories employing 200 or more workers would have to provide canteen
facilities instead of the present provision of 250 workers.
·
It also provides for shelters or restrooms and lunchrooms in factories
in which 75 or more workers are employed instead of the present stipulation of
150 workers.
·
The changes also aim to prohibit pregnant women and physically
handicapped people from being assigned to machinery-in-motion. Reducing the
eligibility for entitlement of annual leave-with-wages to 90 days from the
existing 240 days.
The Apprenticeship Act, 1961:
·
Getting rid of the clause that allows arrest of employers for not
implementing the Act.
·
Addition of 500 new trades to the list of 238 in the Act.
·
Companies might also be permitted to begin new trades without waiting for
the Centre to notify those.
The Factories Act of 1948:
·
Double overtime of workers to 100 hours per quarter from 50 hours per
quarter.
·
Ensuring safer working conditions for employees working in hazardous
environment
·
Provision of canteen facilities in factories having 75 or more workers.
·
Allow women for night duty with adequate safety and provision for
transport after work.
·
Prohibit pregnant women and physically handicapped people from being
assigned to machinery-in-motion.
The Labour Laws Act 1988:
·
Exemption to small firms with up to 40 workers, against 10 currently
from filing compliance reports.
·
The Government is also considering amendments to the Child Labour
(Regulation and Abolition) Act, 1986, and the Minimum Wages Act, 1948.
What was dropped?
·
The clause allowing employers' imprisoned for not implementing the
Apprenticeship Act is to be dropped; Rs 500 fine per shortfall of
apprenticeship month to be imposed.
What was added?
·
E-Records to be maintained in electronic media.
·
Contractual workers, daily wagers, agency workers and casual workers
also to come under Apprenticeship Act.
·
Companies could add new trades under the
Apprenticeship Act without the Centre's approval.
Impact of the
changes:
·
The changes in Factories Act of 1948 will ensure ease in doing business
for companies, enhanced benefits for workers as it will double overtime of
workers to 100 hours per quarter and improve workers' safety.
·
More companies will hire apprentices this will boost formal skilling of
workers.
·
Small firms will hire more workers and lower regulatory compliance
burden.
Why was a need for change in these
Acts/Laws?
·
The prime reason for amendments in these laws is that they have become
outdated and redundant. Amendments in these laws will be giant step towards
achieving both political as well as economical innovation in labour
reforms. India needs flexible labour laws to ensure freedom from unemployment
where as many as 12 million are added to the workforce annually. Labour market
reforms will undoubtedly bring down the divide between the formal and informal
employment.
·
Changes in labour laws will pave the way for each state to have their
own socio-economic background and take decisions to create more jobs within
their boundaries.