The convention, organised jointly by the Samyukta Kisan Morcha (SKM) and Central trade unions, was called to plan mass actions ahead of general elections in 2024. The theme slogan of the convention was “Corporate-Communal BJP-RSS Hatao, Bharat Bachao”.

Carrying red, blue, saffron, green and yellow flags, thousands of participants in the convention maintained that it was imminent for farmers and workers to come together given the onslaught on their livelihood under the current regime led by Prime Minister Narendra Modi.

The convention began with slogans like “Revoke four labour codes, ensure minimum support price and withdraw GST on essential food items.”

Ranju Devi, who is hoping for some justice against the demolitions in Delhi, told NewsClick that both she and her husband lost employment after the demolitions. “I used to work as a domestic help and my husband was working as a labourer. The government knows that the poor have very little to survive. Yet, it chose to demolish our homes. I may manage to feed my child but they will remain uneducated. What’s the worth of your (ruling BJP’s) slogan of achche din (better days) when we are dying each day due to inflation and unemployment.”

Much like Devi, Ashutosh Bhadana, who works in an auto parts factory in Faridabad, said workers were fed up with the contractualisation system where principal employers have been escaping their duties to provide social security measures.

“It has become a common exercise to lay off workers abruptly. The workers are divided in groups and no worker knows about his contractor. When a complaint is raised with a principal employer, he simply denies employing such workers. The existing labour laws at least protected us in such situations, but the labour codes remove the little protection we had. We are enraged and that’s why you see a sea of people here, firm in their resolve to fight,” he told NewsClick.

Talking to NewsClick on the sidelines of the convention, Tejinder Singh Virk, president, Terai Kisan Sangathan, who sustained grievous injuries in the assault in Lakhimpur Kheri, allegedly led by Ashish Mishra, son of Ajay Mishra, Minister of State for Home Affairs, in the wake of intense farmers protests, said the government cheated on the promises it made after historic farmers’ struggle.

“Neither the assured MSP was given nor the cases against farmers during the movement were withdrawn by the Centre and state governments. Albeit, our concerns regarding the (now scrapped) farm laws were corroborated by recent reports that corporates were trying to influence the government on the Essential Commodities Act. What is more shameful is that government banks went on to forego corporate loans worth Rs 11 lakh crore in the past nine years, whereas a common farmer is hounded for loan recovery even if he loses his produce to drought and floods,” he said.

>Vijoo Krishnan, general secretary, All India Kisan Sabha, which is part of the SKM, said it was high time for farmers and workers to unite to defeat this government.

“We will take up three major programmes this year; we will observe October 3 as ‘Black Day’ in remembrance of the five victims of the Lakhimpur Kheri Violence. Then, a day and night Mahapadav will be held on November 25-26 to celebrate the historic workers’ strike and beginning of farmers’ struggle in 2020. Also, we plan to launch a massive campaign in December this year against the policies of this government,” he said.

In a joint declaration, the farmers and workers organisations said, “Privatisation is central to the policies of this government. When sale of cash cows like BPCL, CEL, Air India, Pawan Hans etc., was not picking up at the pace they wanted, the Government came up with National Monetisation Pipeline (NMP) project, handing over various public sector assets, built with people’s money, to big corporates to make money without any investments! Airports, Highways, Ports, Railway tracks, stations everything is up for grabs.”

Attacking the Modi government’s privatisation drive, the declaration said, “Education is being privatised. PSU Banks are being merged and being prepared for privatisation. LIC, GIC are targeted for privatisation. Even 41 Ordnance Factories, producing defence equipment, have been turned into 7 corporations, prior to their privatisation, a patently anti-national move, affecting 80000 workers. The Government is eyeing huge tracts of land with defence, railways and so on.”

The declaration also flayed the “Pompous display of G-20 Presidentship, (which India got by rotation) as a World recognition of the PM,” adding that it was “sickening to say the least. Despite opposition from Central Trade Unions and ITUC, the Government went ahead to nominate their favoured union to head L-20.”

Worried over the rising unemployment and lakhs of unfilled job vacancies, the declaration said, “We are worried that our children are not getting jobs. Even government vacancies are not filled up, which is within their ambit. Many PSUs are being closed or sold to private parties, who immediately start “down-sizing”, throwing several thousand workers out of employment. The contract workers have become major victims of job-loss and retrenchment. The health sector contract workers employed in govt. hospitals for fighting Covid are now being thrown out of their jobs even after promise of permanency. After Covid, when jobs are desperately needed to bring life back on track, factories are being allowed to close down even illegally, resulting in large scale unemployment.”

The joint convention held by SKM and CTUs, called upon farmers and the working people to unite against BJP’s policies that had brought on untold miseries.

A national convention of workers and farmers, jointly organised by Central Trade Unions and Samyukta Kisan Morcha, at Talkatora Stadium in New Delhi, Thursday, Aug. 24, 2023. (PTI Photo/Manvender Vashist Lav)

“What is required is to make the workers, farmers and the people aware that their real enemy, the cause for their miseries and the miseries of the nation, is the anti-national destructive policy regime being operated by the corporate-communal nexus in the governance at the Centre. They cannot be expected to change their pro-corporate policies. They have to be ousted from power,” said the declaration.

The convention decided to launch “joint and coordinated struggles” to ensure that no government — Centre or state — “dares to impose anti-worker and anti-farmers policies.”

Courtesy: Newsclick

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Earlier in the day, trade union representatives met respective ministers and demanded to withdraw the amendments. The demand was not accepted.

Trade unions strongly condemned the government’s decision to extend the daily work hours from eight to twelve hours in private companies. It was passed in the state Assembly on April 21, the final day of the recently concluded session.

CITU (Centre of Indian Trade Unions), AITUC (All India Trade Union Congress), HMS (Hind Mazdoor Sabha), INTUC (Indian National Trade Union Congress) and other unions have given a call for strike on May 12, demanding the withdrawal of the Factories Act 2023. The amendment was made without consultation with trade unions. Even DMK’s (Dravida Munnetra Kazhagam) trade union, Labour Progressive Front, has demanded a rollback of the Bill.

Some spontaneous protests were witnessed in various parts of the state since the amendments were proposed last week.
DMK ALLIES OPPOSE MOVE

The bill was tabled by state labour minister CV Ganesan. It was passed despite strong opposition from political parties, including the allies like CPI (Communist Party of India), CPIM (Communist Party of India (Marxist)), Congress, MDMK (Marumalarchi Dravida Munnetra Kazhagam) and the VCK (Viduthalai Chiruthaigal Katchi).

BJP (Bharatiya Janata Party) called for a review of the Bill. The main opposition party, AIADMK (All India Anna Dravida Munnetra Kazhagam), members were not in the Assembly, having walked out earlier in the day.

However, AIADMK general secretary Edappadi K Palaniswami gave a statement opposing the amendment on Saturday. Similarly, PMK said the move would result in a loss to the working force in the state.

Protest held in north Chennai. Image courtesy: CITU, Tamil Nadu

“Eight-hour working-day was won after a struggle of 150 years. Many people sacrificed their lives; many lost their jobs, and others lost their families and went to prison. This is not a fight we can afford to lose,” said CPI(M) Tamil Nadu secretary K Balakrishnan.

“By increasing the eight-hour working day to 12 hours, the Act would legalise labour exploitation by factories,” said MDMK leader Vaiko.

“Creating a situation where employees work for more hours for more wages is a human rights violation,” said Veeramani, general secretary of Dravidar Kazhagam. Dravida Iyakka Thamizh Peravai, general secretary of the SuPa Veerapandian, asked the DMK not to implement such a law in its rule and “needless to say, it will only lead to exploitation of labour”.
DMK’S DOUBLE STANDARDS

Trade unions have pint-pointed the hypocrisies of the DMK by making amendments to the Factories Act.

CITU, Tamil Nadu observed that the DMK outrightly opposed the BJP-ruled states and the union government when they overstepped the labour laws. Still, the Tamil Nadu government has moved in the same direction.

When BJP-ruled Madhya Pradesh and Uttar Pradesh decided to stay labour laws for three years, and Gujarat increased working hours to 12 hours, Stalin opposed them, terming them ‘anti-labour.’

In 2019, the Union government passed four labour codes, and many political parties, including the DMK, opposed them. Even four years after the bill’s passage, it has yet to be implemented in many states. Trade unions criticised the DMK government for taking the codes as a precedent and making amendments to the Factories Act.

Protest held by SICDO workers in Coimbatore. Image courtesy: CITU, Tamil Nadu

“This move is not only anti-employee but also violates the principles of social justice and democracy,” said Alagunambi Welkin, General Secretary of the Union of IT and ITES Employees.

The DMK has claimed to be a votary of social justice and democracy. The All India Social Justice Forum was floated by Stalin in February 2022 as an initiative to build a united opposition against bigotry and religious hegemony.

The trade unions have been demanding a reduction in work hours from the existing eight hours to six hours.

“A shorter workday can lead to increased job satisfaction, improved mental health, and better work-life balance. This, in turn, can lead to increased productivity and better quality work, benefiting both employees and employers,” said Welkin.

Workers all over the world fought for eight hours of work. In 1917, the Soviet Union enforced the eight-hour of work per day rule. In 1919, the International Labor Organisation declared the same, and India adopted it under British rule.

Courtesy: Newsclick

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In a clear indication that the implementation of the four labour codes will be delayed further, a vast majority of the central trade unions, have urged the Centre to withdraw the four codes. This was the emerging consensus during their recent discussions with Union Labour Minister Bhupender Yadav.

Though the trade union Bharatiya Mazdoor Sangh (BMS), affiliated to the Rashtriya Swayamsevak Sangh, haas supported the Code on Social Security and the Code on Wages, it has also opposed the Industrial Relations Code and the Occupational Safety, Health and Working Conditions Code in the meeting with Mr. Yadav. All the Opposition’s trade unions, including the BMS,  have also sent a letter to Prime Minister Narendra Modi opposing the the Occupational Safety, Health and Working Conditions Code.

Mr. Yadav ended his ‘separate’ discussions with all the Central Trade Unions (CTUs) by the end of September. He had also met various organisations representing employers. A source in the Ministry said the Minister will meet a few more associations of the employers in the coming days. Ironically, the collective demand for convening the tri-partite Indian Laboiur Conference, a regular established mechanism, has also not been met.

All representatives and leaders of 10 CTUs reviewed the developments at a meeting here last week and decided to maintain their stand.. All India Trade Union Congress general secretary Amarjeet Kaur told The Hindu that all the 10 CTUs opposed the labour codes in their meetings with the Minister. “We have demanded the Centre to stop separate discussions on the labour codes. They did not consult anyone at the time of drafting these codes or passing them in Parliament. Even the objections raised by the Parliament Standing Committee on Labour was ignored. Now, whatever discussions are to be held, it should be held together with all CTUs,” Ms. Kaur said.

The trade unions, including the BMS, have also demanded that the Centre immediately convene the Indian Labour Conference (ILC). “The ILC, as an effective tripartite mechanism, is not functioning under this government. We have been demanding that the ILC must be called immediately to discuss the issues of the workers,” she added.

‘No response from Minister’

Trade unions said Mr. Yadav did not reply to their objections to the codes. “We have given clause-by-clause objections to the four labour codes. The Minister said he will get back. But as of now, we have not received any replies on our objections. We reiterated our demand that the codes should not be implemented. We have opposed the way rules are being brought for these codes in a piecemeal manner,” said Hind Mazdoor Sabha general secretary Harbhajan Singh Sidhu.

The BMS had joined the Opposition camp in opposing the Occupational Safety, Health and Working Conditions Code. The CTUs sent a resolution passed by them in a joint meeting facilitated by the International Labour Organisation (ILO) to prime minister, Narendra Modi. They said the code was against the ILO conventions in which India is also a signatory. “We also strongly urge the government of India to revisit, re-examine and completely revise the Occupational Safety, Health and Working Conditions Code, 2020 in line with the core OSH conventions, namely C155 and C187. The said code should be inclusive, universal in coverage, prevention-focused, progressive and human centric. The tripartite advisory system must be replaced by a statutory tripartite mechanism strictly adhering to C144, which is already ratified by India. The government of India must duly consult the social partners, using social dialogue mechanism on a top priority. Here it is pertinent to urge the government of India to strengthen the bipartite and tripartite dialogues, ensuring effective and proper participation of the trade unions,” the resolution, also signed by the BMS, said.

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Pointing out that the codes show “there is a clear drive to ‘informalise the formal’ or ‘levelling down’, which has been “central” to the overall architecture of the emerging labour regime, the WPC apprehends, through these codes, wages are proposed to be determined by state level advisory boards, “something that Indian industry has long wanted.”

“Such an arrangement would lead to a race to the bottom, as different states would compete to attract investments by lowering wages – an observation that is borne out by facts on the ground”, WPC says, adding, this is “revealed” from how between 2010 and 2015, industrialists relocated from Okhla Industrial Area in Delhi to Uttar Pradesh and Haryana, “as the latter offered 25-35% lower minimum wages than Delhi.”
“Flight of capital would become extremely convenient in such a regime, pushing state governments to compromise on worker’s wages and welfare”, it underlines.

Text:

On July 4, the Economic Survey argued that a higher national minimum wage is central to addressing inequality and widespread poverty in the country. A couple of weeks later, the Government of India (GoI) trashed its own analysis by proposing a “starvation wage” of Rs 178 a day. The Central government hit the nadir with a minimum wage hike of Rs 2!

Experts allege that it is a precursor of what is in store for millions of workers as the Cabinet passed two of the four proposed labour codes – the Code on Wages and the Code on Occupational Safety, Health and Working Conditions.

Working peoples is a national asset – undermining their wellbeing is the biggest anti-national act. Need-based minimum wage should be guided by Supreme Court jurisprudence laid down in the Raptacos case, which is based on principles and test laid down by judiciary, and if any committee, any advisory board decided below this, has to give reason and recommendation.

The two codes were tabled for discussion by Santosh Gangwar, Minister of Labour and Employment. With this Parliament has struck the proverbial hammer on the fate of millions of workers, robbing them of the possibility of decent work and wages, omitting the principles of determining minimum wages, an equal workplace and avenues for access to justice.

Primarily driven by the interests of the industry, this predatory piece of legislation is all set to alter the labour protection landscape in India beyond repair and reclaim. It clearly shows that there is a clear drive to ‘informalise the formal’ or ‘levelling down’ which has been central to the overall architecture of the emerging labour regime.
 

The new minimum wage is indeed a precursor to the darker days to come

The new minimum wage of Rs 178 per day translates to Rs 4,628 per month. It goes against the Labour Ministry’s own expert committee recommendation of Rs 375-447 per day, let alone the 15th Indian Labour Conference’s suggestion of Rs 692 a day, Rs 18000 a month. The new national minimum wage, half of what was recommended, truly portends a death knell on India’s labour protection framework.

The rhetoric on labour codes passionately pitches a national minimum wage. A closer look at the provisions of the wage code busts this myth. First and foremost, it violates the Supreme Court and 15th Indian Labour Conference guidelines for a “needs based” criteria (covering nutrition, healthcare, education & provisions for old age) to fix the minimum wage – something that was adopted for Central government employees, but ignored for the larger mass of unorganized sector workers.

The most disturbing part is – no principles are laid down with regards to determining minimum wages, and the entire exercise is left to the Central Advisory Board.

Wages are also proposed to be determined by state level advisory boards, something that Indian industry has long wanted. Experts argue that such an arrangement would lead to a race to the bottom, as different states would compete to attract investments by lowering wages – an observation that is borne out by facts on the ground.

Reports have revealed that in the period between 2010 and 2015, several industrialists relocated from Okhla Industrial Area in Delhi to Uttar Pradesh and Haryana as the latter offered 25-35% lower minimum wages than Delhi. Flight of capital would become extremely convenient in such a regime, pushing state governments to compromise on worker’s wages and welfare.

One may well question the intention of the GoI in even announcing such a national minimum wage. In our judgment it is primarily a signal to the industry that the jungle has been let loose, only wilder this time, and wages can be pushed down to the lowest levels possible to suit capital interests.
 

The chowkidar is not even a worker as per law

Despite its claims, both the codes exclude millions of unorganized workers. The Occupational Safety and Health Code does not cover workers employed in small enterprises deploying 10 or less workers, or those in the informal sector. As per an estimate, this is over 85% of India’s labour market, especially including those in medium and small enterprises, which often tend to be more risky and vulnerable to occupational hazards and safety violations.

The Wage Code also does not cover the large mass of informal workers because its definition of “employer” is ambiguous and narrow. For example, the Code says, “Employer means a person who employs, whether directly or through any person, or on his behalf or on behalf of any person”.
 

 

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