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J&K's Uniform Employment Code

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January 30, 2018

Why in news?

  • J&K has proposed a uniform Employment Code, in its state budget.
  • A similar code for the nation is worth consideration by the union government, to address concerns in the labour laws.

What does it aim for?

  • The proposed Employment Code plans to consolidate all the labour laws in force in the State.
  • It would set out the framework for terms of employment and service of all the workers.
  • This is however, except the domestic workers and agricultural labour.
  • The code would also provide for a strong, independent and separate labour judiciary.
  • A single Employment Code will provide workers, employers, trade unions, labour authorities, etc all information at one place.

What are the existing concerns with labour laws?

  • In India there are multiple labour laws at the national and state levels.
  • It is primarily due to constitutional division of legislative powers.
  • The multiplicity is also due to laws regulating workers in different sectors.
  • There are also dissimilarities between state and union labour laws (Click here to know more on this).
  • Concerns with applicability of these laws to service sector employees also exist.
  • Currently most of them are using laws governing shops and establishment.
  • Workers and at times employers are unable to decipher labour laws without legal help.
  • India also retains some outdated pre-Independence era laws.
  • These include the Fatal Accidents Act, 1855, Trade Unions Act, 1926, Payment of Wages Act, 1936 among others.

What is the way ahead?

  • Provisions of all labour laws should be relooked in terms of fixing the archaic provisions instead of mechanically consolidating.
  • Labour laws need to be formulated by taking the vision of ‘Ease of Living’ into consideration.
  • The draft laws should be easy to understand, simple and clear, and reduce disputes relating to interpretation.
  • Labour laws should balance the interests of different stakeholders such as workers, employers, trade unions and authorities.

 

Source: Business Standard

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