The Labour Laws in India have been the same from the time of independence in 1947 and no new reforms have been made in the law in the span of more than 60 years. This becomes a grave situation as there is a huge time gap and many more new laws need to be implemented for the welfare of labourers as India is a country with labour surplus. The Code on wages was already passed by the parliament and the other three Labour code bills namely – the Occupation Safety, Health and Working Conditions Code, 2020; The Industrial Relations Code, 2020; and The Code on Social Security, 2020, were passed by the Parliament in September 2020, merging the 24 major central labour codes giving the much-needed boost to the labour reforms. The government of India claimed that these laws were implemented for reducing the issues faced by the labour force and to rase compliance between the government, employers and the workers. Utmost accountability and transparency were claimed by the government through these reforms.  

The working conditions of the labourers are mentioned under Chapter 5, Chapter 6, and Chapter 7 of the Code of Occupational Safety, Health and Working Conditions, 2020 (OSHWC). As per a survey by Lawrbit, this code is needed in the Indian Labour Reforms because:

• ·       There is a 46% deduction in registration and licenses related compliance resulting in a consolidated database centrally

• ·       Workplace deaths in India is 20 times higher than that of Britain

• ·       There is a 21% deduction in prior laws resulting it to be a dynamic legislation as compared to the existing sectoral approach

The code is proposed in such a way that it has the provisions of 13 major labour laws, for example: the factories act, the mines act, the contract labour act, and many more, into one single code. The code has laid special emphasis on the working conditions of the labourers and have focused on the health, safety and welfare of the labourers. The most important question of the improvement of working conditions of labourers is being answered through this code as it makes mandatory provisions for the employers to make sure that labourers are working in a safe environment and making sure that there is a high rate of risk reduction of accidents. Not only this, proper facilities need to be provided by the employers for the welfare of the labourers, for example: cleanliness. Hygiene, drinking water, canteen facilities, adequate lighting, proper ventilation services, locker room, self-cleaning places, creche, etc.

Few of the key changes in the working conditions of labourers after implementation of this code will be:

• ·       Women with children below the age of 6 years, usually bring their children to work to keep a check on them and also work at the same time, but this makes it difficult for them to focus and take care of the children at the same time. Hence, according to the new code, there would be an increase of 20 female workers for the purpose of creating creche facility for children below the age of 6 years which makes it a total of 50 female workers instead of 30 which was before the code was implemented.

• ·       Before the implementation of the code, the workers had to overwork and were also forced by their employers to work for more time than required which was a clear violation of their rights. Hence the regulations in the new reform has a significant effect on the workers. According to the new code, workers cannot be asked to work for the employers for more than 8 hours a day and 6 days a week and they are also entitled to take one day off for every 20 continuous days of work.

• ·       When there are a greater number of employees, a canteen facility where the workers can refresh and energize themselves for the work ahead should be set-up by employers to help and enhance the working conditions of the employees. And hence, according to the new code, a canteen facility needs to be established by the employer if he/she employs more than 100 workers.

• ·       Some female workers are capable enough to work night shifts with proper rules and regulations and proper safety provided to them. Before the code was implemented, female workers were not allowed to do the same by their employers, but now only with their consent, they can work after 7PM till 6AM (night shift) along with specific conditions.

• ·       If there are more than 250 workers, then there should be a establishment of welfare offices which was 500 workers before as per the Factories Act.

• ·       Construction workers need to work with utmost care and detail, or else their life can be in danger; hence, it is absolutely mandatory for the employer to make sure that workers with loss of vision, deafness, or dizziness cannot be employed in construction work by any employer as it becomes a matter of safety.

• ·       Before the code was implemented, woman who were capable and willing of doing hazardous or dangerous work which they felt they could do with ease to earn a little more than regular, were not allowed to do the same. But after the implementation of the new labour laws woman workers will be allowed to work any type of work irrespective of the hazardous process or dangerous operations.

• ·       Sometimes it so happens that the workers need to find a place to live as they have to work at the same place for a long period of time. It becomes difficult to find a accommodation near to the work place which makes it tough for the employees to reach work at time and their efficiency at work increases. Hence, according to the new code of labour laws, employers should also provide temporary living accommodations to the workers within or near the work site for making it easier for the workers to reach work on time.

These small yet significant changes would help make the working conditions of the workers better. But there are still many loop holes in these reforms for example, a woman can only put in maternity benefit if she was employed for a minimum of 80 days before delivery and cannot be employed within 6 weeks of delivery, miscarriage or medical termination of pregnancy, which are being opposed by the workers at this moment. Looking at the fact that these reforms are the very first reforms in the labour laws after India got independence in 1947, even if there is still a long way to go with the reforms, these make a difference and mark a significant change in the lives of the workers. The major question that still remains is that whether these labour codes make a significant balance between economic growth and labour welfare or not.

REFERENCES:

·       https://labour.gov.in/sites/default/files/OSH_Gazette.pdf

·       https://www.lawrbit.com/article/the-occupational-safety-health-and-working-conditions-code-2019/

·       https://www.sundayguardianlive.com/opinion/new-labour-codes-whose-benefit