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Labour Reforms and Neoliberalism in India

The document discusses the impact of neoliberal policies on labor reforms in India, emphasizing the state's shift towards prioritizing private capital over workers' rights. It highlights the consolidation of labor laws into four codes that facilitate layoffs, weaken minimum wage protections, and exclude unorganized sectors from social security. The reforms, accelerated by political factors and the pandemic, have significantly diminished labor rights and union power, reflecting a trend of the state favoring capital interests.

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Vanshika Jain
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0% found this document useful (0 votes)
14 views3 pages

Labour Reforms and Neoliberalism in India

The document discusses the impact of neoliberal policies on labor reforms in India, emphasizing the state's shift towards prioritizing private capital over workers' rights. It highlights the consolidation of labor laws into four codes that facilitate layoffs, weaken minimum wage protections, and exclude unorganized sectors from social security. The reforms, accelerated by political factors and the pandemic, have significantly diminished labor rights and union power, reflecting a trend of the state favoring capital interests.

Uploaded by

Vanshika Jain
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Labour Reforms in a Neo-liberal Setting: Lessons from India

Anamitra Roychowdhury and Kingshuk Sarkar

The Context of New Labour Laws


The changes in labour laws are a result of the neoliberal thinking that promoting the interests of private
capital (alongside withdrawal of the state from the policy arena) is the best way of managing the
economy.

These ideas have dominated the Indian policy circle for three decades and have resulted in the state
actively undertaking a number of market-oriented reforms, such as privatisation of the coal sector, airports
and railways, as well as corporatisation of the ordnance sector and raising foreign direct investment limits
in defence.

Labour reforms may be seen as a logical extension of these changes to strengthen the hands of capital,
such as reducing wages, lengthening working hours for the same wage, restricting workers’ rights,
refusing pensions and social security and casualising regular employment.

However, some of these objectives were already met even before the current round of reforms, as there
has been a policy consensus on the usefulness of these reforms. The Second National Commission on
Labour (SNCL) in 2002 mentioned “rationalisation of existing laws relating to labour in the organised
sector” as one of its primary objectives.

This has been institutionalised at the international level with the spread of global production networks and
the World Bank’s Ease of Doing Business (EoDB) index, which ranks countries on the basis of their
business-friendly environment. This has resulted in the dismantling of workers’ rights, with fixed-term
employment offered in place of permanent jobs, minimum legal wages removed, “hire and fire” at will
allowed, weekly holidays and annual paid leave suspended, and an eight-hour workday done away with.
This has led to increased employment, casualisation of public sector jobs, voluntary retirement schemes,
and privatisation of public sector units.

Conditions Enabling the Changes


The fast-tracking of labour reforms in India has been facilitated by three factors. First, the hegemony of
neoliberal ideas and Prime Minister Narendra Modi's willingness to pursue policies for improving India's
rank in the EoDB index. Second, the BJP was elected with a single-majority, allowing them to act
decisively and free from coalition politics. Third, the pandemic helped the state to hurriedly push through
these reforms, as the trade unions were caught unawares due to lockdown rules. These three factors have
enabled the fast-tracking of labour reforms in the present period.

Analyses of the Labour Codes


The union government has combined twenty-nine out of forty-four Central labour laws into four labour
codes, which have now become law. These codes include the Wages Code, the Code on Industrial
Relations (IR code), the Code on Social Security (SS code), and the Occupational Safety, Health and
Working Conditions Code (OSHWC code). Globalisation of capital has weakened trade unions, and there
are three ways in which the new labour codes give a further blow to secured/regular jobs. First,
manufacturing establishments employing at least 100 workers previously required prior government
permission to conduct lay-offs, retrenchments or closure of units; this threshold has been raised in the IR
code to 300 workers, resulting in firms employing 100 to 299 workers being able to “hire and fire” at will.
Sundar (2020a) estimates that 44% of workers would lose protection against arbitrary dismissal and 90%
of firms would enjoy unrestrained flexibility.

The Indian Industrial Relations Code (IR Code) has been amended to allow severance pay at the rate of
forty-five days' pay for each completed years of service. Firms and contractors employing twenty or more
contract workers must now follow certain regulations under the Contract Labour Act 1970, while firms
employing twenty to forty-nine contract workers remain outside the purview of regulations. Termination
of fixed-term workers on expiry of their contracts shall no longer be treated as retrenchment, and
unfettered use of fixed-term employment (FTE) is allowed in the IR code. However, there is no clarity
available in the case of India, and without such restrictions FTE has the potential to completely deregulate
the labour market. These changes would directly hinder trade union membership, as the threat of
dismissal would constantly haunt an ever-growing section of the workforce.

The Wages Code has raised doubts about the continuance of minimum wages in future due to the
introduction of two categories of wages, the minimum wage and the national floor wage. This has resulted
in a substantial divergence between them, with the minimum wage recommended by a
government-appointed reference point diluting the idea of a minimum wage. Additionally, the
enforcement machinery for implementing the minimum wage has been weakened, with
inspector-cum-facilitators not being able to conduct surprise checks in establishments. Additionally,
web-based inspections are allowed along with electronic submission of information. Finally, social
security benefits available to workers have been limited, as the concept of an “establishment” must
employ ten or more workers.

The Unorganised Sector in India has been excluded from social security coverage, and the SS code
includes provision for setting up a social security fund for unorganised, gig and platform workers. The
OSHWC code raises these thresholds to twenty or more workers (with power) and forty or more workers
(without power). The Anoop Satpathy Committee's minimum wage in 2018 was Rs 375 per day, while the
national floor wage in 2018 was merely Rs 176. This means that states competing for investment would
effectively use the latter as their minimum wage. This has resulted in a loss of a historic opportunity to
extend social security to the unorganised sector.

The Indian state has heavily sided with capital, weakening the rights of labour and abandoning the act of
balancing the interests of both parties. This has been seen in the Factories Act, where the maximum
permissible limits of exposure to chemical and toxic substances in various manufacturing processes have
been diluted. Additionally, state governments can exempt new factories from all provisions of the code to
create output and employment. Workers have seen their rights being snatched away, but their ability to
strike at work has been severely curbed. This is because the IR code stipulates that no establishment can
go on (legal) strike without giving notice fourteen days prior to the actual date of the strike.

Additionally, mass casual leave involving at least 50% of workers is construed as a strike, making it
almost impossible to go on a legal strike. This shows that the Indian state has sided with capital,
weakening the rights of labour and abandoning the act of balancing the interests of both parties.

Common questions

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Globalisation of capital has weakened trade unions by facilitating a shift towards flexible labour markets where job security is diminished. It encourages policies that prioritize ease of doing business, often at the expense of workers' rights. The power dynamics have shifted towards capital, making it difficult for unions to maintain influence, as enterprises are no longer constrained by stringent labour regulations for hiring and dismissing workers. These trends are institutionalized by global indices like the World Bank's Ease of Doing Business, which incentivizes deregulation that undermines trade union protections .

The Wages Code introduces two categories of wages: minimum wage and national floor wage, leading to a divergence that effectively dilutes the minimum wage concept recommended by government authorities. Enforcement is weakened as inspector-cum-facilitators cannot conduct surprise inspections; web-based inspections and electronic submissions are now allowed. The Social Security Code limits benefits to establishments with ten or more workers, excluding the unorganised sector, and although it includes provisions for a social security fund for gig workers, it does not extend comprehensive social security to the unorganised sector, which represents a significant missed opportunity to expand coverage .

The divergence between the minimum wage and the national floor wage results in significant variations in wage standards across different states, exacerbating regional economic inequalities. States may adopt the lower national floor wage to attract investment, leading to a race to the bottom in labour costs. This divergence can undermine living standards and widen income disparities by allowing employers to pay wages insufficient for sustaining basic livelihoods, thus perpetuating poverty and inequality. It reflects a structural inequality embedded within the wage policy, highlighting the prioritization of competitive business environments over fair wage standards .

One could argue that the neoliberal influence on labour law reforms in India manifests in the prioritization of capital interests and deregulation. Labour laws have been revised to facilitate private investment, aligning with the neoliberal agenda of minimizing state intervention and enhancing market efficiency. These reforms include weakening workers' rights, reducing job security, and improving the business environment at the cost of labour protections. This shift mirrors global neoliberal trends pushing for market-oriented policies, reflecting a broader ideological alignment rather than purely domestic economic strategy .

Allowing state governments to exempt new factories from code provisions, as seen in the Factories Act, undermines workers' safety and rights by enabling relaxed compliance with safety standards, such as exposure limits to chemical and toxic substances. This exemption can create a race to the bottom among states to attract investment by offering minimal regulatory constraints, potentially compromising workers' health and safety. It indicates a significant tilt towards prioritizing capital over labour, undermining the balancing of interests between them .

The Industrial Relations Code severely restricts the ability of workers to strike by requiring a 14-day notice period before a legal strike can be initiated. Additionally, mass casual leave by at least 50% of workers is considered a strike, making it nearly impossible for workers to engage in spontaneous or collective action without violating the legal framework. This demonstrates a curtailment of workers' rights to protest and collectively bargain, reflecting a shift in favour of employers' interests over workers' collective action .

The changes to the Contract Labour Act mandate regulations only for firms and contractors employing twenty or more contract workers, excluding those employing between twenty to forty-nine. This loosens control over smaller firms, likely increasing exploitation and reducing job security for contract workers. Fixed-term workers face greater insecurity, as their termination upon contract expiry is not considered retrenchment under the IR Code, facilitating the use of such contracts without accountability or obligation for continuity. This exposes an increasing segment of the workforce to job instability and exploitation risks .

The Occupational Safety, Health and Working Conditions Code establishes new thresholds, requiring twenty or more workers (using power) or forty or more workers (without power) for an establishment to fall under its purview. This excludes smaller establishments from complying with critical safety regulations, potentially lowering overall safety standards for many workers who are not sufficiently covered. It risks leaving a significant number of workers without essential protections for occupational safety and health, highlighting a prioritization of business flexibility over workers' safety .

The new labour codes modify protections against arbitrary dismissals by increasing the threshold for establishments from 100 to 300 workers, allowing firms with fewer than 300 employees to implement 'hire and fire' policies without government permission. Sundar (2020a) estimates that this would leave 44% of workers without protection against arbitrary dismissal. Fixed-term employment is also permitted without it being considered retrenchment, leading to potential deregulation of the labour market and undermining job security .

Three main factors facilitated the fast-tracking of labour reforms in India: the dominance of neoliberal ideas, Prime Minister Modi's efforts to improve India's ranking in the Ease of Doing Business index, and the BJP's position as a single-majority government which reduced the constraints of coalition politics. The COVID-19 pandemic further enabled the expeditious implementation of reforms as trade unions were caught off guard by lockdown restrictions. These reforms significantly weakened trade unions, as globalisation of capital had already diluted their power, and the new labour codes further undermined secured jobs and hindered union membership by increasing the threshold for government permission for layoffs and enabling 'hire and fire' policies .

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