‘State has begun to draft rules for new labour codes, will observe others before implementation’

Kolkata: With the four new labour codes that were passed in Parliament yet to be implemented countrywide, West Bengal has started drafting the rules to set these codes in motion but may only pass a notification for their implementation after observing how the rest of the states are dealing with them.

Talking on the sidelines of a seminar on ‘Labour Law Reforms’ organised by the Bharat Chamber of Commerce, Manisha Sarkar Bhattacharya, Director, State Labour Institute, Government of West Bengal, confirmed to Millennium Post that the state government has initiated the process of drafting the rules to set these codes in motion.

Asked as to when the state government may pass a notification for their final implementation, she said: “It cannot be said for sure when but the state government may choose to first observe how these labour codes are being accepted in the rest of the states in India. There are many perspectives to these labour codes. The state will definitely not take random measures which may upset the labour force in the state which includes the worker unions.”

The four labour codes — an amalgamation of 29 central labour laws — were passed by Parliament between 2019 and 2020 but they haven’t been implemented yet as some states are yet to publish rules to set these in motion. Labour is a subject in the Concurrent List and hence both the state and the Centre have jurisdictions. Many trade union bodies have also objected to their implementation.

Speaking on these codes, Manisha Bhattacharya said: “Before we reform, we should be sure about whether it will be better for all of us. Reforms are a set of improvements made in a system to make it more modern and effective.” She added that many employers have over the years gone into contractual terms to avoid a direct implication of the labour law. “The new codes must aim for simplification so it can address the emerging challenges,” she remarked.

Meanwhile, Dr Onkar Sharma, Welfare Commissioner (Central), Ministry of Labour and Employment, said: “The new codes were formed keeping in mind that many laws have become redundant and outdated. These will benefit the employer, employees, and the government.”

He also added that the government is working on starting a faceless inspection process where the labour inspector does not need to visit the factory site except when it concerns inspection of the working conditions. Speaking on the Code of Wages, 2019, he stated that except for serious violations of rules leading to the death or disability of a worker, employers would not be tried in a criminal court. “If the employer pays 50% of the fine imposed on him, he would not be dragged to court under the composite scheme,” he added.