Parl panel headed by Mahtab seeks clarity on lay-offs

Migrant workers, who work in textile looms, are seen outside a loom after it was shut due to nationwide lockdown to slow the spread of the coronavirus disease, in Bhiwandi on the outskirts of Mumbai (Photo: Reuters/Francis Mascarenhas)

Bhubaneswar: The Standing Committee on Labour headed by Cuttack MP Bhartruhari Mahtab in its final report to Lok Sabha Speaker sought more clarity on the matters regarding layoffs by industries.

The panel was scrutinising the Industrial Relations Code-2019 which mainly deals with to the employer-worker issues. The panel in its report said that the industries should not be burdened with payment of wages to the laid off employees during natural disasters.

“The Committee is of the considered opinion that payment of 50 per cent wages to the workers for 45 days, which can be extended following an agreement between the employer and the employees, in case of shortage of power, breakdown of machinery may be justified,” the report said.

“But in case of natural calamities like earthquake, flood and super cyclone which often result in closure of establishments for a considerably longer period, payment of wages to the workers until the reestablishment of the industry may be unjustifiable.”

The report said that there should be clarity in the relevant clauses so that employers are not disadvantaged in cases of such natural calamity of high intent. It has sought clarification on the definition of lay-offs.

The panel has also given other recommendations to streamline dispute redressal system. It batted for considering employees other than the top level decision makers of the organisation as workers to reduce litigation and confusions.

The panel recommended for inclusion of more women in industrial dispute redressal fora. It has also recommended starting of gratuity benefits after completion of one year of service of the fixed term employees instead of the existing five years term.

The House panel also suggested minimum and maximum service of fixed term employees (FTE) to discourage any hire and fire practices of employers. The report of the panel said, “The Committee is not convinced with the Ministry’s reluctance in providing for a minimum and maximum tenure for FTE. The Committee desires that provisions should be made for a minimum tenure under FTE so as to guarantee job security. Similarly with a view to avoiding the manipulation of the concept, a maximum tenure, say not than two terms…be incorporated unequivocally in the Code,”

The panel on the other side has also batted for access of Trade Unions to employees to instead of only workers, extending labour laws for angwandi workers, revisit definition of strikes and include bonus, provident funds, gratuity and others under wages and others.

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