Tamil Nadu Faces Pressure to Safeguard Workers from New Labour Codes
As the Centre prepares to implement the new labour codes on April 1, 2023, trade unions and labour organisations in Tamil Nadu and across India are sounding the alarm over what they perceive as a threat to workers’ rights and protections. The new codes, passed in 2019 and 2020, are billed as a means to streamline existing labour laws and extend social security to all workers, including those in the unorganised sector. However, critics argue that the codes fail to adequately address the needs of the vast majority of workers in the country, particularly those in informal and unorganised sectors, and undermine hard-won labour protections.
The labour codes, which cover industrial relations, wages, social security, and occupational health and safety, were introduced to consolidate India’s complex web of labour laws. However, their implementation raises several concerns, particularly in relation to the unorganised workforce, which comprises over 90% of India’s total labour force. One of the key criticisms revolves around the Occupational Safety, Health, and Working Conditions (OSHWC) Code, which fails to take into account the specific occupational hazards faced by workers in the unorganised sector. Workers in industries such as construction, domestic work, and agriculture are particularly vulnerable, but the new code does not offer adequate protection for these groups. The repeal of the Building and Other Construction Workers Act of 1996, which had provided safety regulations for construction workers, has raised alarm among labour organisations. The new labour codes fail to address these concerns, leaving construction workers exposed to significant risks. The OSHWC code also violates international labour standards, such as the International Labour Organisation’s (ILO) Convention 161, which calls for a national policy on occupational health services for all workers. Furthermore, the new inspection system, which is web-based and intended to facilitate safety checks, is seen as insufficient in ensuring proper oversight and protection in workplaces.
Another contentious issue is the overhaul of social security mechanisms. The new codes threaten the dissolution of state-specific welfare boards, including the 36 sector-specific boards in Tamil Nadu, which have long provided critical services such as old-age pensions, maternity assistance, and educational support for workers’ children. The replacement of these boards with a centralised social security system raises questions about how funds will be managed and allocated, especially for informal sector workers who contribute a significant portion of the nation’s GDP but remain largely unprotected. The implementation of the codes also paves the way for longer working hours, with a shift towards a 12-hour workday, which has been widely criticised by labour groups. This extension goes against the principles enshrined by B.R. Ambedkar, who advocated for an eight-hour workday to ensure humane working conditions. The proposed changes to the right to strike and the weakening of collective bargaining powers are seen as further assaults on the dignity and security of workers.
Tamil Nadu, with its robust history of labour rights, is under pressure to take urgent action to safeguard workers’ interests in the face of these sweeping changes. The state government must act swiftly to convene tripartite consultations—a process that has been neglected at the national level—and ensure that the voices of workers, employers, and the government are heard in shaping the implementation of the new codes. Moreover, the state government must consider enacting state-level amendments to the central codes to protect the existing welfare mechanisms and ensure the continued funding of critical services for workers in various sectors.
With the labour codes set to take effect in mere weeks, the Tamil Nadu government has little time to ensure that the rights and safety of workers are not sacrificed in the pursuit of streamlined governance. It is imperative that the state not only address the immediate concerns regarding construction workers’ welfare but also resist the centralisation of funds intended for other worker welfare boards. In a country where the informal sector remains a cornerstone of the economy, the state must lead the charge in ensuring that workers receive the protection and support they need.
