Page 32 - August-2020-Issue

ARTICLE

because Rules to effectuate the
said Code have yet to be final-
ized. After the same are noti-
fied by the Central Government
and come into force, the Code
on Wages will subsume the fol-
lowing existing labour laws:-

- The Payment of Wages Act,
1936;
- The Minimum Wages Act, 1948;
- The Payment of Bonus Act,
1965; and
- The Equal Remuneration Act,
1976.
and other excluded employ- as critical issues pertaining to • The other three Codes, which
ees against unfair dismissal the Contract Labour (R& A) are said to be at an advanced
or removals, the Commission Act, 1970 and the Industrial stage of finalization, are expect-
recommended adjudication Disputes Act, 1947 were not ed to subsume the following la-
by Labour Courts or Labour touched. In a way, it can be bour laws:
Relations Commission or ar- safely stated that there was vir-
bitration by mutually accept- tually no progress in the matter The Code on Occupational Safety,
able umpires. (Para 6.22). It of labour reforms in the coun- Health and Working Conditions.
further recommended that all try. Addressing an audience - The Factories Act, 1948;
complaints or claims under the of CEOs that cited inflexible - The Mines Act, 1952;
law on labour relations should labour laws as one of the hur-
have a limitation of one year dles in making India as a more - The Dock Workers(Safety,
from the date of occurrence of attractive investment destina- Health and Welfare) Act, 1986;
the cause of action (Para 6.96) tion, the then Prime Minister, - The Building and Other
and all offense under the la- Dr. Manmohan Singh, stated Construction Workers
bour laws must be made tri- thus on 13.3.2007:- (Regulation of Employment
able by the Labour Courts duly and Conditions of Service) Act,
empowered for this purpose. 'The labour market needs to be 1996;
The setting up of an All India made more efficient, although I - The Plantations Labour Act,
Labour Judicial Service was feel the problem is over empha- 1951;
also recommended. sized. Ninety percent of India’s - The Contract Labour
• Some amendments were made labour force is in the unorganized (Regulation and Abolition)Act,
to Workmen’s Compensation sector and this sector is not con- 1970
Act, 1923 in the year 2009 strained by unwieldy laws.'
and its long title changed as • It was on the historic - The Inter-State Migrant
Employee’s Compensation Act Independence Day on 15.8.2015 workmen (Regulation of
and minimum rates of compen- that Shri Narender Modi, Prime Employment and Conditions
sation payable were enhanced. Minister, announced that 44 of Service) Act, 1979.
Amendments were also made Central labour laws in the coun- - The Working Journalists and
to the Trade Union Act, 1926 re- try would be compressed into other News Paper Employees
garding the minimum number four Labour Codes. As a sequel, (Conditions of Service and
of workers required for regis- The Code on Wages has already Misc. Provision) Act, 1955
tration of a trade union under been passed by the Parliament - The Working Journalist
the Act, but these were not on 8 August, 2019 though it (Fixation of rates of wages)
th
seen as of much consequence has not yet become operational Act, 1958

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32 KaleidOscope May, 2020KaleidOscope May, 2020