Trade unions have raised concerns over “lack of clarity” in provisions dealing with social security to workers under the Code on Social Security, 2020. They feel the sections do not provide a mandatory timeline and defined benefits or allocations.
The unions and some experts also are of the view that women’s security at the workplace is not sufficiently addressed under the Occupational Safety, Health and Working Conditions Code 2020. This law allows women to work at hazardous industries and in night shifts, with “consent.”
The government enforced four labour codes on Friday calling it a major push towards labour reforms.
Trade unions complaint
The Centre of Indian Trade Unions (Citu) alleged that the Social Security Code does not guarantee universal coverage in any sense. It stated that the Sections 109-114 talk about schemes for gig and platform workers, without mandatory timelines and defined benefits.
“The proposed aggregator contribution of 1%-2% of turnover is too inadequate to fund pension, provident fund or health benefits. The code has not decreased the threshold number of employees in the Employees’ Provident Fund (EPF) and Employees’ State Insurance (ESI) & Gratuity provisions from the existing threshold of 20 and 10 respectively, the unions said.
Under the new code, ESI coverage has been extended pan-India. However, establishments with fewer than 10 employees may voluntarily opt in with mutual consent of employers and employees. The trade unions said that the “voluntary” provision may result in most of the organisation not opting for the ESI coverage. The government has, though, stated that the coverage would be mandated for hazardous occupation and extended to plantation workers.
On Women’s safety
On women’s safety, the unions said that the labour code doesn’t define clearly what steps the employers should undertake for the safety of these women. “Prohibitions on gender discrimination remain meaningless without strong enforcement, which the Codes dismantle completely,” CITU said.
Amarjeet Kaur, General Secretary of All India Trade Union Congress said that following the Internal Labour Organisation (ILO) convention, India prohibited women workers in mines, factories and hazardous industries. Currently, women are now allowed to work the night shift in the aviation, health and communication sector only.
However, the new law pushes them back into the hazardous industries and night shifts without defining accountability. “Who will ensure their transport? How will they travel at night?,” Kaur asked. Calling the “consent” provision a “joke,” she said the people in the informal economy are working for survival and they would have to accept whatever they are forced into.
Rahul Singh, Associate Professor at OP Jindal University, said that permitting women to work in all sectors and in night shift will boost economic growth of the country. He, however, underlined that enforcement of stringent laws is paramount to ensure protection of women from exploitation.
