Need to revisit Industrial Relations Code 2020 BMS

Bharatiya Mazdoor Sangh (BMS) has urged the Government to redraft the Industrial Relations Code, 2020, saying it would create strife in the industrial sector as many provisions are against the interest of workers.

National General Secretary of Bharatiya Mazdoor Sangh (BMS) Virjesh Upadhyay said, “BMS and other trade unions have given detailed objection to the previous draft of the Industrial Relations Code. None of the objections raised by BMS and other trade unions as well as recommendation of Parliamentary Standing Committee on Labour (PSCL) in favour of workers were considered in the revised draft.”

He further said that the Industrial Relation Code is tilted too much in favour of the employers and bureaucrats and the last minute mutilation will adversely affect industrial peace in the country. Some important changes on standing orders were not even discussed in the consultation process which would be a violation of International Labour Organisation (ILO) Convention 144 ratified by Indian Parliament.”

“There is clear attempt to diminish the role of trade unions. The danger of bureaucrats replacing Parliament is very much apparent in the Industrial Relations (IR) Code which may lead to constitutional issues. Even the Supreme Court direction on constitutionality of some previous issues are violated. Thus, the purpose of condification is defeated,” he said.

BMS opposes the following new changes: 1) Industrial employment standing orders law exempted for industries up to 300 workers is highly objectionable. At present it is 100 in statute and 50 in many States.

The Bharatiya Mazdoor Sangh will be organising its national conference on October 2, 3 and 4, 2020 to decide the future course of action on the anti-worker provisions in the labour codes introduced by the Government. BMS has raised a long list of objections regarding the new changes and will discuss these issues in the meeting.

A) Second National Commission on Labour (NCL) has proposed to bring down the threshold for framing of standing order from 50 to 20 workers.

B) PSCL also opposed exemption on standing order saying “it can potentially create uncertainty in the minds of the stakeholders”.

C) Model standing orders certification of standing order have not been changed as these are functioning well.

2) PSCL recommended a time limit of 45 days for registering a trade union. This was a long pending demand of joint trade unions. Still it was not included whereas permission to employers for layoff, retrenchment and closure, time limit of 60 days

prescribed.

3) In the new provision of sole negotiating union, eligibility is a mere 51% or more. In the previous draft it was 75%. This is an overt attempt to monopolise single union and eliminate all other unions, BMS said.

4) In the new provision, the eligibility for negotiating council of trade unions is “not less than 20% of total workers”. In the previous draft it was not less than 10%. 5) The most controversial chapter VB (now chapter X) on prior permission for layoff, retrenchment and closure is exempted upto 300 workers. It will promote “ease of closing business” and not “ease of doing business”, informs a press release issued by Suresh S Choudhary, Media Incharge of BMS, Nagpur.