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Build social security floor before labour reforms: ILO

Updated: October 8th, 2015, 00:12 IST
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Press Trust of India

Labour law

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New Delhi, Oct 7:  India should first build a social protection floor for people and then move on to amend or fine tune the existing labour laws through dialogue to make them relevant in present scenario, a senior ILO official has said. “First place to start is, build your social protection floor meaning everybody can breathe a sigh. Well, we have certain level of income protection which will keep people above poverty line and contribute to macro economy (demand). “Then you can fine tune that (strict labour laws),” International Labour Organisation (ILO) Deputy Director General (Policy) Sandra Polaski told reporters here at a conference.

            Polaski’s views are significant in view of trade union’s strong protest against certain proposed amendments in the labour laws, particularly relating to easing of retrenchment, lay off and closure norms under new industrial code. Tuesday, the central trade unions opposed the draft industrial code, which proposes easing of hire and fire norms for companies, among others. Under the labour reforms, the government is in the process of converting 44 labour laws into four codes covering industrial relations, wages, social security and safety issues.

            “I think you (India) should start with social protection. Build a social protection floor under the people so that if they are retrenched they don’t fall into poverty and malnutrition,” she said. Emphasising on the need of labour reforms in the context of changed economic scenario, she said, “Too much of regulation is not the way to look at it. Do you have the regulation that fit the past or present and future.” The challenge is very tough not only for India but for many other countries who want to update their labour laws, she opined. “It takes really deep thought, good dialogue because the path is not that simple. It is not that there is good law on shelf which India could translate into Hindi and pass it. That won’t work,” she added. She suggested that it has to be a law that allows labour market to function in a way that more people get the protection of sound labour laws and reasonable security and protection against arbitrary behaviour and contract termination.

            On inspections of factories, she said, “We are suggesting very targeted approach. You can’t inspect everything. Look at the places where most violations are and target your inspections there.” Polaski suggested focusing on four issues that are particularly relevant in the Indian context, including ensuring that growth translates into more and better jobs for the majority of the population. Second is the critical issue of whether women are able to access employment opportunities and engage in paid work outside the home. When women are constrained from undertaking paid work, economic growth will be lower than its potential, she said.

            The third issue is one of biggest hurdles facing middle-income countries, which is to make the transition to formalisation of the economy and labour market. New forms of informal employment have emerged, particularly as a consequence of the demand for greater flexibility and pressures from new technologies and globalisation, she added. Fourth and lastly, in light of rapidly changing economies and forms of work, labour market institutions, including laws and regulations, need fresh thinking in order to address current and emerging employment challenges while providing basic fairness and security to workers and balancing the interests or workers and employers. This is the unavoidable responsibility of governments, Polaski said.

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