Worrisome aspects in amended labour law

The Karnataka legislature has passed an amendment to the Factories Act of 1948 to permit industries to extend working hours to 12 hours a day, subject to a maximum of 48 hours per week, and allow women to work on night shifts. While the government claims the amendment is industry-friendly and will increase productivity, there is a risk of it turning anti-labour if adequate safeguards are not taken.

While the Bill was passed without debate in the Assembly, it was strongly opposed by the Congress, JD (S) and even two BJP members when it was adopted by the Council, amid a walk out. With elections round the corner, it appears the MLAs had lost all interest in legislative business, this being the last session of the Assembly, and couldn’t care less for the labour class whose cause they claim to espouse. The extension of working hours, which is optional and not mandatory, will provide a boost to the manufacturing sector where India is lagging behind China, the government argues. The amended law allows overtime to extend from 75 hours to 145 hours in three months. This, the government says, will make India more competitive and help attract investments. The decision to allow women to work in night shifts is welcome as it provides for equal opportunity, provided that the guidelines contained in the amendment to ensure their safety are strictly implemented.

In the Council, members cutting across party lines demanded that the Bill be withdrawn as it would pave the way for human rights violations. Accusing the government of drafting the Bill solely for the benefit of factory owners, the members said no consultation was held with the main stakeholders, that is, the workers. However, allaying fears of some members that the amendment would lead to sexual abuse of women, the government stressed that they were already working on night shifts in the healthcare, hospitality, IT and other sectors.

While the amendment does mention certain safeguards to ensure that the workers are not exploited, such guidelines usually remain only on paper, with the labour force compelled to put in extra hours without any additional benefit. The working conditions also leave much to be desired. While the intention of the government may be good and may indeed help the manufacturing sector, it is necessary to develop an oversight mechanism to ensure that factories do not misuse the new provisions to exploit labour. Thus, there is a need to strike a balance between providing a conducive industrial climate and protecting the interests of the workers so that both can benefit.