WORKING HOUR INCREASED FROM 8 HR TO 12 HR
The Tamil Nadu administration will meet with trade union representatives on Monday (April 24), in response to concerns voiced by opposition political parties and employees regarding legislation to expand working hours. The Factories (Tamil Nadu Amendment) Bill, 2023, which seeks to grant exceptions in unique circumstances, was enacted by the state legislature last week.
The Factories Act, 1948, would be amended by the Tamil Nadu government to add a new Section 65A to allow factories to have flexible working hours.
According to the law, “notwithstanding anything contained in section 64 or section 65, the State Government may, by notification in the Official Gazette, exempt any factory or group, class, or description of factories from any or all of the provisions of sections 51, 52, 54, 55, 56, or 59 of this Act or the rules made thereunder, subject to such conditions and restrictions, if any, and for such period or periods as may be specified in the notification.”
In the Act, weekly hours, prohibition, inspection, working hours, spreadover hours, and overtime are covered in Sections 51, 52, 54, 55, 56, and 59.
Specific adjustments, which are anticipated to be notified separately, are not included in the amendment.
But in essence, it suggests increasing factory workers’ daily shifts from the current eight hours to 12 hours in the event that they choose a four-day work week.
The government has said that the number of working hours in a week will remain constant at 48 and that it will give employees, particularly women employees, flexible working hours.
Trade unions contend that the Bill’s provisions are vague and subject to abuse by employers.
Through such broad-based exemption mechanisms from nearly all provisions of the Factories Act, both directly and indirectly related to working hour regulations, the provisions of the concerned Bill are intended to give employers unrestricted power to avoid all of their legal obligations regarding working hours in the workplace.
In a letter to Tamil Nadu Chief Minister M K Stalin, the Centre of Indian Trade Unions (CITU) warned that the situation would be “disastrous for the workers in the state in addition to provoking absolute anarchy in industrial relations management.”
Tamil Nadu is working hard to increase its manufacturing base and benefit from the current geopolitical environment, in which major firms are looking outside of China for growth opportunities.
In order to effectively manage production schedules while taking into account global demand-supply dynamics, many industrial enterprises, particularly multinational organisations, have been urging that the government give flexibility in working hours, working days, the number of shifts, and holidays.
The state has pressed forward with the belief that no change in the work schedule may be imposed on employees by an employer, even acknowledging that some of these adjustments may be seen as anti-labor. The administration contends that the employees will ultimately make the decision.
Once employed, a shop floor worker typically lacks sufficient bargaining leverage.
The majority of political parties have opposed the action, claiming it will harm labour interests and violate workers’ rights. The DMK is especially concerned about the AIADMK, its main opponent and a supporter of the BJP in the state. While the four labour codes and labour reforms have been implemented by the BJP-controlled central government, it is up to the individual states to announce their own rules and regulations after passing the necessary legislation in their legislatures.
Such legislation has been pushed through in certain BJP-ruled states, notably Tamil Nadu’s neighbour Karnataka, creating a competitive atmosphere for luring investments. While the BJP called for a review of the Bill in Tamil Nadu, the AIADMK members were absent from the Assembly because they had left earlier in the day.
- International Labour Laws
International labor laws are a set of regulations and principles that govern the relationship between employers and employees across different countries. These laws aim to protect the rights of workers and promote fair and decent working conditions.
Some of the key international labor laws include:
International Labour Organization (ILO) Conventions: The ILO is a specialized agency of the United Nations that sets international labor standards. The ILO has developed a set of conventions that establish minimum standards for various aspects of work, including hours of work, wages, health and safety, and child labor.
United Nations Declaration on the Rights of Indigenous Peoples: This declaration recognizes the rights of indigenous peoples to work and enjoy equal opportunities in employment without discrimination.
International Covenant on Economic, Social and Cultural Rights: This covenant recognizes the right of everyone to work, to just and favorable conditions of work, and to social protection.
International Convention on the Elimination of All Forms of Racial Discrimination: This convention aims to eliminate racial discrimination in the workplace and ensure equal treatment of all workers, regardless of race, color, or national origin.
The Universal Declaration of Human Rights: This declaration includes provisions for the right to work, fair wages, and safe working conditions.
The Global Compact: This is a voluntary initiative for companies to align their operations and strategies with ten principles in the areas of human rights, labor, environment, and anti-corruption.
It is important to note that international labor laws may vary by country, and some countries may have more or less strict regulations than others. Additionally, some companies may voluntarily adopt higher standards than those required by law in order to promote fair and ethical labor practices.
