Fr. Gaurav Nair
Whether or not it is consistent in anything good, though it is consistent in its evil ways, the incumbent government has taken upon itself to consistently accessorise its shenanigans with adjectives like historic, path-breaking, ground-breaking, revolutionary, etc. The latest in these exploits is the release of the four new labour codes coming close on the heels of the BJP's victory in Bihar. It claims that these will streamline the existing governance of anyone holding a job in any sector.
While these Codes have been touted as par excellence and nothing short of miraculous, what is not said is that those praising them are the business houses, who now need no excuse to boot employees after the fact and refuse them benefits. The majority of the Indian working classes have become vociferous at this manifest betrayal. All labour unions, barring those backed by the BJP-RSS, have protested the implementation of these laws. Ironically, the majoritarianism of the BJP-RSS, who push for a Hindu nation, withers away where their noses begin.
To commence withal, these Codes are entirely arbitrary and misaligned, not to mention incomplete - leave it to the BJP to fail even at copying what has already been explicated in documents progressively since Independence. Instead of simplifying, codifying, revising, and modernising existing laws for the benefit of the people and in line with the signs of the times, the policymakers have decided to throw away decades of hard-earned workers' rights. It should not be surprising that these portray regressive tendencies, much in line with other BJP proclivities.
The government avers that it conducted extensive tripartite consultations in the manufacturing of these codes. However, it is a blatant lie. The truth is that these were concocted in secret, without any parliamentary discussion or consultation with those impacted. How could it have consulted stakeholders, given that the Indian Labour Conference (ILC) has not been held since its 46th session in July 2015?
The government has deliberately bypassed the ILC process to push through the four new labour codes to push its own agenda. While 10 Central Trade Unions (CTUs) unanimously opposed it, their opposition, arguments, and evidence were drowned out by studied muteness.
Much of what is being propagated by the "experts," the Godi media and the BJP are hogwash plated in silvery foil. The BJP claims that everyone will benefit equally with fixed-term employment. That would only mean permanence of temporariness in core and perennial jobs. It would replace all permanent jobs with short-term contracts, favourable to employers, since they can then run through any number of employees at that position. There would be a loss of service continuity, seniority, and actual benefits.
The much-publicised social security for gig and platform workers also does not hold up to scrutiny. There are no defined benefits, no fund allocation, no timelines, not to mention the complete absence of the employer-employee relationship. Linking Aadhaar to anything won't help. How will digitalisation help the illiterate, who constitute a vast demographic in India? Who will issue employment letters to the billions in the unorganised sector?
The facade of a minimum wage for all is deceptive. Instead, many states which fare comparatively better will be forced to lower their existing minimums. Millions, including scheme workers, will be excluded from minimum wages, forget a living wage.
When we see the government giving the option of self-assessment, where employers can self-declare their compliance, exempting them from regular inspections for a period of three to five years, which is basically a license for flouting laws, we must ask - where are we headed?