Labor Reforms: A Call for Comprehensive Change
Once again, the drums of labor reforms are beating. It is not new to us. The country has witnessed such orchestras before. There have been two labor commissions, and their reports are gathering dust somewhere in government corridors. Many proposals, conference recommendations, bills, and reports at different government levels have been discussed, prepared, and died a natural death during the last three decades. Perhaps, these are the only laws that have faced a stroke from political inaction, thus almost remaining the same or, if amended, were low on impact and high in cosmetic value.
Current Push for Labor Reforms
With the new government in the center, employers have again pushed the agenda of labor reforms. It has been linked with employment and economic growth. It is stated that the root cause of unemployment and a slow economy is the obsolete labor laws, which have not been amended according to changing times. Employers want a free hand in conducting their business with a hire-and-fire policy and less regulation. On the other hand, workers' bodies contest that the problem is not with labor laws, which have been portrayed as archaic or outdated, but with the ineffective enforcement and non-compliance attitude of employers. They fear that if the reforms demanded by employers are carried out, there will be an increase in unemployment, and workers will lose bargaining power.
Despite having two opposite opinions, the central government has initiated a small move to amend the laws but not as a whole.
The Need for Radical Reforms
We firmly believe that patchwork in this direction will not work but rather harm the environment now. Reforms need to be radical. These should be threefold: legislative, administrative, and judicial. There are experiences that legislative reforms, in the absence of administrative and judicial reforms, have not worked and brought changes in society as expected. Legislative changes should bring uniformity in various definitions in different laws. Laws should be as minimum as possible towards simplification, away from ambiguity. Provisions that have become redundant should be repealed simultaneously from all laws. The changes should strike a fine balance between workers' rights, social security, health, safety, and growth with opportunities for more employment.
Administrative and Judicial Reforms
Administrative reforms should be directed towards changing the mindset of labor authorities to understand the cause of conflicts between the two pragmatically and be clothed with more powers to diffuse the tension and unrest. Judicial reforms should be directed towards creating a mechanism where industrial disputes are settled or adjudicated within a few months or at least within a year in the form of summary proceedings. It will certainly influence employers and workers to resist from indulging in confrontation and encourage moving from conflict to cooperation.
The cover story on labor reforms is a fine and well-researched package of expert views on the subject and different laws that need reforms.
Regards,
Anil Kaushik
Chief Editor, Business Manager-HR Magazine
B-138, Ambedkar Nagar, Alwar-301001 (Raj.)
Business Manager :: HR Magazine
http://www.businessmanager.in
From India, Delhi
Once again, the drums of labor reforms are beating. It is not new to us. The country has witnessed such orchestras before. There have been two labor commissions, and their reports are gathering dust somewhere in government corridors. Many proposals, conference recommendations, bills, and reports at different government levels have been discussed, prepared, and died a natural death during the last three decades. Perhaps, these are the only laws that have faced a stroke from political inaction, thus almost remaining the same or, if amended, were low on impact and high in cosmetic value.
Current Push for Labor Reforms
With the new government in the center, employers have again pushed the agenda of labor reforms. It has been linked with employment and economic growth. It is stated that the root cause of unemployment and a slow economy is the obsolete labor laws, which have not been amended according to changing times. Employers want a free hand in conducting their business with a hire-and-fire policy and less regulation. On the other hand, workers' bodies contest that the problem is not with labor laws, which have been portrayed as archaic or outdated, but with the ineffective enforcement and non-compliance attitude of employers. They fear that if the reforms demanded by employers are carried out, there will be an increase in unemployment, and workers will lose bargaining power.
Despite having two opposite opinions, the central government has initiated a small move to amend the laws but not as a whole.
The Need for Radical Reforms
We firmly believe that patchwork in this direction will not work but rather harm the environment now. Reforms need to be radical. These should be threefold: legislative, administrative, and judicial. There are experiences that legislative reforms, in the absence of administrative and judicial reforms, have not worked and brought changes in society as expected. Legislative changes should bring uniformity in various definitions in different laws. Laws should be as minimum as possible towards simplification, away from ambiguity. Provisions that have become redundant should be repealed simultaneously from all laws. The changes should strike a fine balance between workers' rights, social security, health, safety, and growth with opportunities for more employment.
Administrative and Judicial Reforms
Administrative reforms should be directed towards changing the mindset of labor authorities to understand the cause of conflicts between the two pragmatically and be clothed with more powers to diffuse the tension and unrest. Judicial reforms should be directed towards creating a mechanism where industrial disputes are settled or adjudicated within a few months or at least within a year in the form of summary proceedings. It will certainly influence employers and workers to resist from indulging in confrontation and encourage moving from conflict to cooperation.
The cover story on labor reforms is a fine and well-researched package of expert views on the subject and different laws that need reforms.
Regards,
Anil Kaushik
Chief Editor, Business Manager-HR Magazine
B-138, Ambedkar Nagar, Alwar-301001 (Raj.)
Business Manager :: HR Magazine
http://www.businessmanager.in
From India, Delhi
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