![]() ![]() #Autopano giga 2.6.2 codeMoreover, the new Code allows employers to directly hire workers for a pre-specified period, as opposed to hiring contractual workers through a contractor. As a result, the number of organized permanent workers would decline, and the benefits that they have achieved because of years of bargaining and political activity would be rolled back. Additionally, FTE workers will not be a part of an organized collective and even though they would be able to raise industrial disputes, collective action plays a major role in fostering diversity and inclusion in an organisation. Subsequently, Pembilai Orumai chose to negotiatewith the management on their terms. Unions fear that their bargaining power would get diluted over a period of time as they believe that firms would prefer FTE workers over permanent ones. ![]() were criticized for their patriarchal functioning and their political absence in issues that affected women workers. It soon turned into a feminist struggle, and the existing trade unions such as All India Trade Union Congress, Centre of Indian Trade Unions, etc. This movement, however, went beyond a simple wage dispute. After several days of protests and negotiation, the management had to give in to the workers’ demands. The collective named itself “Pembilai Orumai” – which translates to “Women’s Unity”. In September 2015, more than 5000 women tea plantation workers of Kannan Devan Hills Plantation Limited organised and demanded that their daily wage be increased from Rs. Labour movements across the world have benefitted immensely from workers’ collective action. In this piece, we shall throw light on the apprehensions being raised and examine the merits of a possible constitutional challenge, should it happen.Ĭollective action is essential, not just to prevent suppression of wages but also to make sure that employers do not circumvent the existing labour laws. The government claims that these measures would lead to an increase in formalization and permanence of the workers.ĭue to the removal of such safeguards, the constitutional validity of the provision is also being doubted. These deletions are perceived to be exploitative as they might lead to the replacement of permanent employees with FTE workers. Additionally, some apprehensionsare being raised regarding the removal of two safeguards which were provided when the Code was first introduced in 2018, viz., the prohibition of employment of such workers for more than two terms and prohibition of conversion of the posts of existing permanent workperson into FTE. These workers will be entitled to gratuity if they work for more than a year.ĭespite the numerous benefits given to the FTE workers, some trade unions are against the provision as they fear a weakening of collective bargaining power of the workers while dealing with the employers. as a permanent one doing the same work, except retrenchment compensation. The said worker would be entitled to the same benefits related to wages, hours, social security, etc. Section 2( o) of the Code defines FTE as the “engagement of a worker on the basis of a written contract of employment for a fixed period”. One of the major bones of contention is the provision regarding fixed-term employment (“FTE”) workperson category in the Industrial Relations Code, 2020 (“Code”), which was first introducedin 2018. As is the case with every piece of legislation, these codes have received their fair share of bouquets and brickbats. With 29 central labour and employment enactments being subsumed under four codes, our country saw a comprehensive overhaul of labour laws. Economics at Jawaharlal Nehru University.) at Campus Law Centre, University of Delhi and Neha Chauhan is a final year student of M.A. (Krishnagopal Abhay is a II year student of LL.B. ![]()
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