EXPLAINER: Tamil Nadu puts on hold contentious bill allowing 12-hour workday for employees

Vibha Sharma

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Chandigarh, April 25

Tamil Nadu has put on hold a contentious legislation allowing 12-hour work-day at factories after talks with labour unions opposing the move, according to reports.

On Friday, the state assembly had passed the Factories (Amendment) Act 2023 providing flexible working hours for employees, including the option for employers to increase daily working hours to 12 hours from the present eight-hour shift.

The amendment proposed a new Section in the Factories Act, 1948, to enable establishments to have flexible working hours.

Broadly, it meant that shifts could be extended to 12 hours and establishments opt for a four-day week with the consent of both employees and employers.

Objections

The changes were, however, seen as “anti-labour and disastrous”

The passage of the bill saw vociferous protests by not just opposition parties in Tamil Nadu but also the allies of the ruling DMK like the CPI, the CPM and the VCK.

Parties and trade unions argued that provisions were open-ended and could be misused by employers, putting employees/workers/labour at disadvantage.

While supporters argue that the change in schedule cannot be forced and that the choice will ultimately be that of employees, those against it question if employees really have any choice or say in such matters,

Most political parties, especially in opposition, are opposed to such moves.

Why change labour laws?

Experts say states are looking to expand their manufacturing base and take advantage of the current geopolitical situation in the region.

Several MNCs are looking for alternate options to China.

Many domestic manufacturers have also been demanding flexibility in number of hours, days, shifts, holidays etc in mind the demand-supply and global situation.

Many states are preparing their blueprints to allow flexibilities in shifts and night-time work shifts for women.

In fact BJP-ruled Karnataka became the first state to affect the change in laws to “lure the MNCs”

Karnataka amended its labour laws governing factories to affect changes, including allowing manufacturers to increase shift hours to 12 hours, women to work night shifts and increase in the number of overtime hour, according to reports.

In Tamil Nadu, the ruling DMK may have put on hold the decision in mind the AIADMK—the ally of the BJP which in the Centre introduced four labour codes pushing labour reforms, leaving it to the states to work on individual rules and regulations.

Labour is in the concurrent list according to the Constitution of India.

The concurrent list consists of subjects of common interest to both the centre and the states.

According to the Economic Survey, labour reforms are progressing steadily and several states have pre-published draft rules for four labour codes on wages, industrial relations, social security and occupation safety, health and working conditions (OSH).

“As on January 11, 2022, 26 states/UTs have also pre-published the draft rules under the Code on Wages, 22 states/UTs under Industrial Relations Code, 20 states/UTs under Code on Social Security, and 17 states/UTs under OSH & WC Code,” it stated.

Uttarakhand, Haryana, Punjab, Himachal Pradesh and UT of Jammu and Kashmir are among the states which have framed state labour codes and rules based on the Code on Wages 2019, the Industrial Relations Code 2020, the Code on Social Security 2020 and the Occupational Safety, Health and Working Conditions Code 2020, passed by the Parliament.

As many as 29 central labour laws were amalgamated and simplified into four labour codes in 2019 and 2020.

The new laws are in tune with the changing labour market trends and simultaneously accommodating the minimum wage requirement and welfare needs of the unorganised sector workers, according to the survey.