Bengal has remained non-committal on publishing the draft rules for the four new labour codes while Kerala and Tamil Nadu have expressed concern at the weakening of worker welfare and rights, setting the stage for a conflict between the Centre and Opposition-ruled states.
The Centre on Friday implemented the Code on Wages, Industrial Relations Code, Code on Social Security, and the Occupational Safety, Health and Working Conditions Code, passed by Parliament around five years ago. However, the final rules for these codes, which replace the existing 29 laws, have not been notified.
The Centre has decided to re-notify the draft rules and seek feedback from trade unions and others as five years have passed since their notification in 2020. It is expected to finalise the rules by March next year.
Labour being a concurrent subject, the states also need to publish their draft rules for these four laws for public consultation.
However, the Trinamool Congress government has over these five years
ignored requests from the Union labour and employment ministry to publish the draft rules.
Most states had already notified their draft rules — it's up to them to decide whether to re-notify them.
Union government sources said the Bengal dispensation’s resistance was “politically motivated”.
According to Trinamool Congress Rajya Sabha member Ritabrata Banerjee, chief minister Mamata Banerjee is opposed to the four labour codes.
“The new codes are anti-labour and that’s why Mamata Banerjee has opposed them from the beginning. In the name of ‘ease of doing business’, exploitation of labourers will be graver with the Union government trying to wrest the right to form trade unions,” Ritabrata said.
Tamil Nadu has notified the draft rules for three of the labour laws while expressing concern over the Code on Social Security. The state government said it would be difficult to continue its worker welfare schemes under the new social security code.
The Union ministry has asked Tamil Nadu to notify the rules and promised to examine its concerns, but the state has not relented.
The Kerala government, which had published the draft rules for all four codes, appears to have altered its stand. State labour minister V. Sivankutty on Saturday said the government would not take any decision that weakens workers’ rights.
Ten central trade unions have termed the new labour codes “anti-worker” and called for a protest on Wednesday.
Labour economist K.R. Shyam Sundar, an adjunct professor at MDI Gurgaon, said these laws were headed for a rough ride.
“The implementation of the four codes is not going to be easy for the Centre owing to opposition from some states and trade unions," he said.
"There are two mechanisms now. The government can either convene the Indian Labour Congress or the Labour Ministers’ Conference to sort out the issues. Otherwise, some people may file PILs against disparities in the implementation of the laws and the courts will have to decide."