Defeat the Dark Designs of Corporatisation in Power Sector:
Wages and Code
The Contract System is a Subterfuge
1. Pension – A Deferred Compensation: Supreme Court
“It is true that where the State refrains from intervention what remains is liberty. But this does not dispel of the matter. One more question remains to be answered. To whom and for whom is this liberty? Obviously, this liberty is liberty to the landlords to increase rents, for capitalists to increase hours of work and reduce rate of wages… In other words what is called liberty from the control of the State is another name for the dictatorship of the private employer.”
-Dr B.R. Ambedkar
Despite the fact that migrant workers are indispensable to the creation of an urban city, the migrant worker as a category has been made constantly invisible. These invisible masses of workers came into the spotlight only during the brutally imposed lockdown, when the country saw an exodus of reverse migration and brutal deaths of hundreds of workers while making the long journey home. Despite their invisibility, the category of migrant workers is massive.
More than 50 years after the enactment of the Contract Labour (Regulation and Abolition) Act, 1970 [‘1970 Act’], the Government is seeking to grant statutory sanction to the burgeoning contractualisation across public and private sectors. The Occupational Safety, Health and Working Conditions Code, 2020 [‘OSH Code’], which consolidates a number of beneficial workers legislations including the 1970 Act, practically authorizes the use of contract labour in a number of core, perennial and necessary functions.
The Policy Shift
The Exceptions that Prove the (Corporate) Rule: Occupational Safety, Health and Working Conditions Code, 2020
The new Labour Codes that will repeal 44 Central legislations enacted from 1923 and thereafter, can be characterized very simply, as a hoax. This note will look at the aspect of far-reaching exemptions included in the Occupational Safety, Health and Working Conditions Code, 2020 [‘OSH Code’], to show how any benefits provided by the Code are at the mercy of the pro-corporate dispensation.
Forcible Deductions from Pension for CM Relief Fund – Kerala High Court: In Rajan & Anr. V. KSEB & Ors, the High Court of Kerala on 08.07.2021 stated that unauthorized deductions from the pension fund of the petitioners towards contributions to the CM Relief Fund is not permissible unless written consent is taken from the employees.
The central government has recently passed four anti-Labour Codes that, in the name of ‘ease of doing business’, effectively crush the hard-won rights of the working class. One such right that has been heavily impaired is the right of workers to organize and collectively bargain. It has been done through the heavily problematic provisions in the Industrial Relations Code (hereinafter the Code) which replaces the Industrial Disputes Act (ID Act), 1947, the Industrial Employment (Standing Orders) Act, 1946 and the Trade Unions Act, 1926.
The Wage Code - 2019 and The Draft Code on Wages (Central) Rules, 2020: An Assault on the Fundamental Right to Minimum Wages
The Wages Code, 2019 and the Draft Code on Wages (Central) Rules, 2020 puts forward a direct assault on the most fundamental rights of workers. One of these is the right of workers to minimum wages, which this article concentrates on.