The United Progressive Alliance
government has made
it clear to states that it will not permit them any relaxation in
labour laws in special economic zones, petrochemical hubs and
industrial parks such as easing norms for hiring and firing and
employment of women and restricting union activity, among others.
Over the past two weeks, at least three state governments have seen
their proposals for relaxing labour laws in duty-free areas being
rejected by the Centre.
On Wednesday, a committee of secretaries headed by cabinet secretary KM
Chandrasekhar turned down a proposal from the Andhra Pradesh government
to provide labour law flexibility within a petrochemicals and petroleum
investment region (PCPIR) in Kakinada.
Last week, a proposal from the Maharashtra government for labour law
relaxation under its SEZ law was also rejected.
The Gujarat government received the same response to its request to
relax labour laws in industrial parks.
The move is considered a major setback to economic reforms. Easing
labour laws in SEZs and other such duty-free zones was considered a key
means of attracting more investors, especially foreign investors, who
have been wary of rigid rules governing retrenchment and so on.
Labour is a concurrent subject under India's Constitution, so states
are required to submit their laws for central clearance. Some states
had also suggested relaxing the Industrial Disputes Act, a Central law,
but this has not been considered so far. Significantly, the Centre's
own efforts to liberalise labour laws by arming itself with powers
under the SEZ Act failed under pressure from Left parties that support
the ruling coalition.
States that had earlier relaxed the labour laws in such zones will,
however, not be required to reverse these relaxations.
"Some states got away by relaxing labour laws in these specific regions
before the United Progressive Alliance came to power. But this
government has made it clear that all existing laws will be applicable
in states. Flexibility in hiring or firing or any other element will
not be provided," a senior labour ministry official told Business
Standard.
This means, while some states will continue to have labour law
relaxation in such duty-free zones, others will have to do without it.
Independent observers said companies in the affected states may alter
their investment decisions if two sets of rules are in operation.
At least two states Gujarat and Uttar Pradesh had enacted
SEZ laws before the central law was passed in 2005 to provide a simpler
labour law dispensation within the duty-free areas.
The Centre has even turned down requests for minor flexibility such as
ensuring that an office bearer of the labour union should be a worker
of a unit, which amounts to barring outsiders to be part of a union.
"The idea was to ensure that only someone affected was part of a union
and units were not hit by political intervention," the source added.
Similarly, a state government under its SEZ law sought advance notice
for strikes in SEZs to ensure that export consignments are not hit.
A consultant for a host of mega projects both in SEZs and within
the domestic tariff area said state governments and developers are
seeking simplification of norms like a single-window clearing house and
easier forms apart from relaxation of some labour law procedures.
"Most of us were not expecting any relaxation of rules. But by turning
down procedural simplifications too, the government is sending a wrong
message to investors," he said.
"What the labour ministry is saying is that no one other than the
Centre has the power to decide labour laws. States have been providing
flexibility not in the core areas but on peripheral activities that
have not affected workers at all but have only benefited the industry.
The only section that's been affected are unions since netagiri will
end and its clout will diminish," said an official.
Labour ministry sources, however, pointed out that even the commerce
department which administers the SEZ Act and had been keen on pushing
for labour law flexibility within duty-free areas has made it
clear that labour laws will be applicable within such zones.
"There are certain cases in which the powers under various labour laws
are delegated to the development commissioner. In all these cases, we
will monitor all labour-related aspects and any complaints coming from
the zones will be dealt with sternly," the ministry official said.
Officials said that the labour ministry opposed the proposal on
Kakinada on the grounds that it will result in "virtual serfdom". "The
special zones tend to be casual about deal with labour issues. Most of
the proposals on flexibility are bad for labour and our objections were
being dealt in a very casual way. So, the ministry made has made its
stand very clear," the labour ministry official said.
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