--classstrugggle-flipmag CS Aug-2018 MKP | Page 17

the vicissitude of the share markets-based on share specu- lation. The draft of industrial relations code - a combination of Trade union Act, Industrial Disputes Act and standing orders act - had, instead of protecting the workers’ rights to organize, to joint bargaining, to strike and to protect them from victimisation of employers, for their political and trade union beliefs, made formation of trade unions much more complex and conducting strikes impossible on any account. “Strike” is made as a serious crime to be meted with harsh punishments. The draft code on social security, relieved the government from its responsibility relegating it to the vile of insurance sector the most of which is operated by private companies with the exclusive matter of making profits and super-profits. On the other hand this code moots to centralize all the cess funds collected for the workers welfare by the state governments such as ‘construction workers welfare cess’ etc in to the hands of the Central government and to manage them. There is no mandatory condition for the payment of contribution by the employers or governments on their part along with the workers for the intended social welfare insurances. In the western countries when a worker loses his job he is being paid with compensation by the employers. No such arrangement is available in the labour code. Draft code of workers safety, (occupational) health and working conditions merely specifies duties of an employer to ensure that employees do not face hazards at their work places and prescribes the employer to ensure periodical medical examination and tests, and to provide and maintain as far as ‘reasonably practicable’ a working environment that is safe and without risk to health of employees. It mandates the companies to constitute a safety committee. It August - 2018 also proposed setting up of a national, occupational safety and health advisory board to advise the government on matters relating to the code. The draft proposed ‘facilitators’ (not inspectors) to ensure that code is being adhered to at work places. Nothing definitely is mentioned about compensation in case of work-place accidents to the victim workers and punishment to the employers who do not adhere to the code. The periodical medical examination reports of workers will be used against the workers to the detriment of their interests. Instead of providing suitable medical care and rest with pay, the employer ’s who are implementing the policy of ‘cutting costs’ to the company and becoming more productive’ auto- matically choose to terminate the workers on the ground of ‘medical unfitness’ instead of admitting such an unfitness was caused by occupational illness/hazard disabled and workers killed in work- place accidents will be left unattended and without consi- derable compensation on the grounds of negligence and non- adherence to safety regulations as had occurred in the case of Bhopal disaster. We already know how the ‘work committees’ were made ineffective and false in bringing out any amelioration to the ever deteriorating work-conditions and ever increasing work-load of workers. We are also seeing the farce of tripartite forums like ‘Indian Labour Conference’ which were not even attended by the Prime Ministers due to ‘lack of time’ at least to conform with the rules of formality. In the wake of these experiences how can anyone expect that the employers and the Central government adhere to the provisions of the code? While the factory inspectors themselves were made ineffective and failed in regulating and implementing concerned safety laws and their stipulation, can anyone including a layman expect a ‘facilitator’ could make the employer adhere to the prescriptions of the safety code? The question is not of lacking any laws but their implementation. Every day hundreds of workers are being killed in workplace accidents due to the criminal negligence of employers in providing safety gear and following the safety norms and regulations to cut their costs. This code has nothing to contain and arrest these man-made accidents averting the killing of the workers. The Code of Wages assumes a single national floor for wages. It is unknown whether the minimum wage formula is fixed based on the recommendations of the I.L.C.1957 of the past or whether ‘the units for calculating the minimum wages for a family are increased from three to six’ as recommended by the B.M.S. It is also unknown whether the cabinet cleared new code mandates on equal pay to equal work irrespective of the gender or the status of worker as contract, casual, contingent, out-sourcing worker etc. There is every chance to assume that this draft code is modeled on the recommendation of U.B.I formula prescribed by the World Bank, that undo the principle of social security and welfare and replaces with ‘social insurance’ principle. Such has been the essence of cabinet approved labour codes that have not enhanced even an iota of hope in the betterment of living and working condition of the workers. The rulers and ruling-classes have brazenly come out to the fore in doing away the available legal rights, protections and entitlements of workers of the country to the benefit of big-capital and employers with the lone consideration of making our country more attractive for invest- ments (foreign) and providing an easy atmosphere for doing business to the employers at the cost of the workers and their interests. ™ 17