RAJASTHAN is the laboratory for the saffron government at the centre to implement anti-labour, pro-corporate reforms. Laws are amended first in BJP ruled states and then by the central government. The Rajasthan Government has already enacted several amendments to labour laws adversely affecting both the individual and collective rights of workers:
THE Gujarat BJP Government has also enacted the Labour Laws (Gujarat Amendment) Act, 2015 amending the Employees Compensation Act, Industrial Disputes Act, Minimum Wages Act, Factories Act, Motor Transport Workers Act, Payment of Bonus Act, Beedi and Cigar Workers Act, Contract Labour Act, Payment of Gratuity Act, Equal Remuneration Act, Building and Other Construction Workers Act and Unorganised Workers Social Security Act.
IN 2018, Jharkhand state government has made anti-labour, pro-corporate amendments to Contract Labour Regulation Act by raising the minimum number of workers to 50 for applicability of any labour law. Labour Minister also clarified in the floors of the assembly that even existing mandatory facilities of ESI, PF and Gratuity are optional and it is left to the concerned employer to decide whether to extend the same to workers are not. Thus, lakhs and lakhs of contract employees are pushed to the brink without any labour law coverage. Further, the same government has also reduced the period of 3 years to 3 months for a retrenched worker to approach the court of law. Beyond 3 months from the date of retrenchment, the worker will not be legally entitled to approach the court.
THE Maharashtra BJP Government has enacted the Contract Labour (Regulation and Abolition) (Maharashtra Amendment) Act, 2016 which limits the application of the Contract Labour Act to only those establishments that employ more than 50 workers. Thus large number of small and medium-scale establishments will now be out of the purview of the Act, and larger establishments will also employ four to five sets of 40 contract workers to avoid coming under this law. This means employers can refuse to provide hitherto statutory benefits, including ESI, provident fund, minimum wage, leave and other benefits to contract workers in smaller units. The Central Government has been bringing about various amendments to the existing laws that are chipping away at the basic rights of the workers.