People's Democracy

COUNTRYWIDE GENERAL STRIKE ON SEPTEMBER 29

Fight Back And Resist Onslaught On Labour Rights

Tapan Sen

THE country is going to witness a countrywide general strike on September 29, 2005. The Sponsoring Committee of Trade Unions comprising major central trade unions and almost all national federation of employees encompassing all sectors of economy have given the call for strike to voice opposition against the anti-people neoliberal economic policies while pressing for 16 points demands of the working people of all segments of society. 

ONSLAUGHT ON LABOUR RIGHTS

One of the major issues among them --- the continuous onslaught on labour rights in various forms being perpetrated by the employers-administration combine throughout the country --- through deliberate non-enforcement of labour laws and making move to change the laws altogether in favour of employers--which is basically aimed at rendering the trade unions irrelevant in the workplace.

The unorganised sector workers and the agricultural workers represent 90 per cent of the workforce who do not have any legal protection either in respect of minimum wages or security of their livelihood, nor do they enjoy any social security coverage. Owing to neoliberal policies, the organised sector is declining and size of the unorganised sector workers with extremely fragile and inhuman working conditions is increasing everyday. The demand for comprehensive legislation for them being raised by the trade union movement since long has fallen on deaf ears of those in governance. Numerous drafts have been prepared by successive governments to talk loudly on them and hold seminars but no concrete legislative actions have been taken. The NCMP of the UPA government has made a clear commitment on this issue but any tangible action is yet to be taken in this regard.

LAWLESSNESS IN LABOUR RELATIONS

On the other hand, in the major part of the organised sector, a situation of virtual lawlessness in respect of labour relations is prevailing at present. The existing labour laws are being trampled underfoot by the employers. More than seventy per cent workers in the country are not getting even the statutory minimum wages notified by the respective state governments and also by the central government moreover the statutory minimum wages in many of the states have not been revised for several years despite prevailing inflation. There is no limit to working hours and 12 hours working without any extra compensation have become the normal practice in many workplaces. Social security provisions like provident fund and ESI etc are not being appropriately implemented for the majority of the organised sector workers. Basic safety regulations are being desperately violated by the profit-hungry employers. Application for registration of unions are gathering dust in concerned department without any action. The workers and their unions raising voice against such violation of labour laws are being tackled by the employers through dismissals and other vindictive actions in collaboration with the law-enforcement machinery and police administration.

Side by side, in the era of neoliberal reforms, the governments both in the centre and in most of the states have been, on the dubious plea of so-called investment friendliness, pursuing an indulgent policy towards employers and have virtually dismantled the labour-inspection machineries to allow the employers to violate labour laws at their will. As a part of the neoliberal policy package, the governments of the day in general and the labour-law enforcement machinery in particular have been promoting non-enforcement of labour laws in the name of encouraging investment and to create the ground for wholesale changes in labour laws to introduce a total ‘hire & fire’ regime.

The incident of police brutality on the workers of Honda Motorcycle and Scooter India (HMSI) Ltd at Gurgaon (Haryana) in July 2005 is the testimony of the horrible extent the state administration can go to encourage labour law violation.

In fact, of the total labour related disputes throughout the country, more than 90 per cent pertains to implementation or enforcement of labour laws in respect of minimum wages, working hours, safety provisions, rights to represent on grievances etc. Almost every where, in the era of neoliberal globalisation, all the wings of the state machinery, the administration, labour department, police-force, sections of judiciary alike got completely domesticated by the capitalist lobby to encourage labour-law violations and ensure unhurdled exploitation --- all in the name of promoting investment friendly climate.  

CONTRACTORISATION AND CASUALISATION

Another ominous feature is the desperate move by both the employers and the government to contractorise and casualise the workforce to make the right to ‘hire & fire’ automatically available to the employers.  Even in the public sector units and various government departments and offices, the number of contract workers deployed in permanent perennial jobs have increased phenomenally. The government departments and agencies throughout the country have turned out to be the biggest violator of the Contract Labour (Regulation & Abolition) Act. In a recent move, the Orissa State government has decided to abolish 75 per cent of the vacancies in government posts and fill up a part of the same by contractual employment on consolidated payment. In doing so, provisions are being made to take an advance undertaking from such contractual appointee that he would never claim either regularisation or regular pay scales. And Orissa is not alone in this nefarious game of contractorisation. Throughout the country, contract employment of employees, doctors, teachers etc have become a common phenomenon in almost all government departments, both in the centre and most of the states. 

The private sector situation is even more precarious. Any of the industrial centres in the country one may visit from Kashmir to Kanyakumari, in most of the private sector factories, particularly those came from 1991 onwards, the majority of the workforce are deployed on contract and hardly 30 per cent workers or even less are on permanent roll. As per estimate made on the basis of findings of National Sample Survey in successive years, the percentage of contract/casual workers in the total workforce in the organised sector occupations has increased from around 25 per cent in the mid eighties to more than 70 per cent in early 2002.

The game plan is clear. Putting labour on contract, besides reducing labour cost gives the advantage to the employers to retrench them at their will and to keep the workers always under threat of job-loss and not to go for trade union activities. The ultimate aim of the ruling polity is to rob the trade union movement of all their rights to organise and protest, since they are the only organised force challenging the anti-people and anti-national economic policies as per dictates of the imperialist powers.

JUDICIAL ACTIVISM & CHANGING LABOUR LAWS 

In the game plan of snatching away labour rights, all the wings of the state including judiciary are converging with each other. The Apex Court’s judgment to ban right to strike and subsequent judgments upholding the right of the employers to dismiss for petty negligence and even for verbal altercation with management (often instigated by the management itself) are the examples before us. In this context, despite commitment made in the NCMP to uphold labour rights including right to strike, the UPA government is dragging feet in bringing appropriate legislation to negate the pernicious impact of the Apex Court judgment on right to strike as demanded by the entire trade union movement.  

In this background, the government has been working hard for changing the labour laws. Although the NCMP clearly stipulates that the Industrial Disputes Act will be outside the purview of any amendment, the exercise is going on the said Act to increase the threshold limit of employment in any establishment from existing 100 to 300, where government - permission will not be required for retrenchment and closure. If this change is made, 85 per cent of the industrial establishments in the country will be thrown in ‘hire & fire’ regime. The government is also making exercise to put the small and medium establishments (employing up to 50 or so) outside the purview of all the labour laws and the Union Cabinet has already taken the same in their agenda and started discussion. This exercise on the workers small and medium establishments is aimed at exempting the employers in these establishments from their obligation to implement most of the labour laws and allowing self-certification about implementation of the rest. The draft bill prepared on the subject which is now under consideration of the Union Cabinet is designed to take away even the right of the workers to complaint on violation of various labour laws.

Another Bill titled “The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Amendment and Miscellaneous Provisions bill 2005” has already been introduced in Parliament to give exemption to a big section of employers from their obligation to furnish returns to the government regarding implementation of various labour laws like Factories Act, Contract Labour Act, Minimum Wages Act, Equal Remuneration Act, Building & Construction Workers’ Act and many others.

FIGHT OR PERISH 

As per the Annual Report (2004-05) of the Union Labour Ministry, the mandays lost owing to lock-out was more than three times the man-days lost due to strikes in 2001 and in 2003 lock-outs accounted for nine times more loss of man-days compared to strike. Who are wielding militancy, will the votaries of globalisation please answer?      

In this background, the labour laws are being sought to be changed thoroughly to ensure that employers are freed from all their obligations towards workers and workers are completely robbed of all their rights to organise and protest.

In this background the General Strike of September 29, is going to take place to give a clear cut message to the government at the centre and also to the governments in most of the states that the trade union movement is not going to accept the pro-employer design of theirs to rob the workers of all their rights. The trade union movement must defend their rights to organise and fight at all cost not only in its own interest but also in the interest of saving the country and her people from the holocaust of neoliberal imperialist globalisation through united struggle. And with this understanding the 16-point charter of demands laid down the labour right-related demands in clear terms as under:

1. Enact comprehensive legislation on service conditions and social security for unorganised sector workers and agricultural workers with adequate government funding and effective monitoring system.

2. Halt moves towards downsising of work force and lift ban on recruitment; stop contractorisation.

3. Strengthen inspection and enforcement machinery to ensure strict implementation of all labour laws including statutory minimum wages in all sectors including SEZs and EPZs; no pro-employer changes in labour laws in the name of flexibility.

4. Enact legislation to prevent sexual harassment of women at work place and ensure full protection to women against atrocities.

5. Undertake immediate legislative measures to ensure right to strike for all workers and employees including in government services. Ensure unfettered right to organise and collective bargaining

6. Remove ceilings on eligibility and calculation in Payment of Bonus Act.

7. Raise interest rates on EPF, GPF, CMPF, PPF and small savings instruments by raising the administered rate of interest; scrap New Pension System and the PFRDA Bill; restore the pre-2004 pension scheme for the new entrants in government services.

FIGHT, RESIST or PERISH is the call of the day. The working people of the country must act together to make the General Strike of September 29, a total success to cry a decisive halt to the nefarious design to impose conditions of slavery on the working class by the ruling polity domesticated by the capitalists and the imperialists.