LegislationDecoding the Code on WagesVinayak Krishnan- November 27, 2017Presently, there are around 40 state and central laws regulating different aspects of labour, such as resolution of industrial disputes, working conditions in factories, and wage and bonus payments.  Over the years, some experts have recommended that these laws should be consolidated for easier compliance.[1]Since the current laws vary in their applicability, consolidation would also allow for greater coverage.Following these recommendations, theCode on Wageswas introduced in the Lok Sabha in August 2017.  The Code consolidates four laws related to minimum wages, payment of wages and bonus, and a law prohibiting discrimination between men and women during recruitment promotion and wage payment.The Code was subsequently referred to the Standing Committee on Labour for examination.  The Committee has met some experts and stakeholders to hear their views.  In this context, we explain the current laws, key provisions of the Code, and some issues to consider.Who will be entitled to minimum wages?Currently, the Minimum Wages Act, 1948 lists the employments where employers are required to pay minimum wages to workers.  The Act applies to the organised sector as well as certain workers in the unorganised sector such as agricultural workers.  The centre and states may add more employments to this list and mandate that minimum wages be paid for those jobs as well.[2]At present, there are more than 1700 employments notified by the central and state governments.[3]The Code proposes to do away with the concept of bringing specific jobs under the Act, and mandates that minimum wages be paid for all types of employment – irrespective of whether they are in the organised or the unorganised sector.The unorganised sector comprises 92% of the total workforce in the country.1A large proportion of these workers are currently not covered by the Minimum Wages Act, 1948.  Experts have noted that over 90% of the workers in the unorganised sector do not have a written contract, which hampers the enforcement of various labour laws.[4]Will minimum wages be uniform across the country?No, different states will set their respective minimum wages.  In addition, the Code introduces a national minimum wage which will be set by the central government.  This will act as a floor for state governments to set their respective minimum wages.  The central government may set different national minimum wages for different states or regions.  For example, the centre can set a national minimum wage of Rs 10,000 for Uttar Pradesh and Rs 12,000 for Tamil Nadu.  Both of these states would then have to set their minimum wages either equal to or more than the national minimum wage applicable in that state.The manner in which the Code proposes to implement the national minimum wage is different from how it has been thought about in the past.  Earlier, experts had suggested that a single national minimum wage should be introduced for the entire country.1,[5]This would help in bringing uniformity in minimum wages across states and industries.  In addition, it would ensure that workers receive a minimum income regardless of the region or sector in which they are employed.The concept of setting a national minimum wage exists in various countries across the world.  For instance, in the United Kingdom one wage rate is set by the central government for the entire country.[6]On the other hand, in the United States of America, the central government sets a single minimum wage and states are free to set a minimum wage equal to or above this floor.[7]On what basis will the minimum wages be calculated and fixed?Currently, the central government sets the minimum wage for certain employments, such as mines, railways or ports among others.  The state governments set the minimum wage for all other employments.  These minimum wages can be fixed based on the basis of different criteria such as type of industry or skill level of the worker.  For example, Kerala mandates that workers in oil mills be paid minimum wages at the rate of Rs 370 per day if they are unskilled, Rs 400 if they are semi-skilled and Rs 430 if they are skilled.[8]The Code also specifies that the centre or states will fix minimum wages taking into account factors such as skills required and difficulty of work.  In addition, they will also consider price variations while determining the appropriate minimum wage.  This process of fixing minimum wages is similar to the current law.Will workers be entitled to an overtime for working beyond regular hours?Currently, the central or state government define the number of hours that constitute a normal working day.  In case an employee works beyond these hours, he is entitled to an overtime rate which is fixed by the government.  As of today, the central government has fixed the overtime rate at 1.5 times normal wages in agriculture and double the normal wages for other employments.[9]The Code proposes to fix this overtime rate at twice the prevailing wage rate.  International organisations have recommended that overtime should be 1.25 times the regular wage.[10]Does the Code prohibit gender discrimination between workers?Currently, the Equal Remuneration Act, 1976 prohibits employers from discriminating in wage payments as well as recruitment of workers on the basis of gender.  The Code subsumes the 1976 Act, and contains specific provisions which prohibit gender discrimination in matters related to wages.  However, unlike in the 1976 Act, the Code does not explicitly prohibit gender discrimination at the stage of recruitment.How is the Code going to be enforced?The four Acts being subsumed under the Code specify that inspectors will be appointed to ensure that the laws are being enforced properly.  These inspectors may carry out surprise checks, examine persons, and require them to give information.The Code introduces the concept of a ‘facilitator’ who will carry out inspections and also provide employers and workers with information on how to improve their compliance with the law.  Inspections will be carried out on the basis of a web-based inspection schedule that will be decided by the central or state government.——————————————–[1]. Report of the National Commission on Labour, Ministry of Labour and Employment, 2002,http://www.prsindia.org/uploads/media/1237548159/NLCII-report.pdf.[2]. Entries 22, 23 and 24, List III, Seventh Schedule, Constitution of India.[3]. Report on the Working of the Minimum Wages Act, 1948, Ministry of Labour and Employment, 2013,http://labourbureaunew.gov.in/UserContent/MW_2013_final_revised_web.pdf.[4]. Report on Conditions of Work and Promotions of Livelihood in the Unorganised Sector, National Commission for Enterprises in the Unorganised Sector, 2007,http://nceuis.nic.in/Condition_of_workers_sep_2007.pdf.[5]. Report of the Working Group on Labour Laws and other regulations for the Twelfth five-year plan, Ministry of Labour and Employment, 2011,http://planningcommission.gov.in/aboutus/committee/wrkgrp12/wg_labour_laws.pdf.[6]. Section 1(3), National Minimum Wage Act, 1998,http://www.legislation.gov.uk/ukpga/1998/39/pdfs/ukpga_19980039_en.pdf.[7]. Section 206(a)(1), The Fair Labour Standards Act, 1938,https://www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf.[8]. G.O. (P) No.36/2017/LBR, Labour and Skills Department, Government of Kerala, 2017,https://kerala.gov.in/documents/10180/547ca516-c104-4b31-8ce7-f55c2de8b7ec.[9]. Section 25(1), Minimum Wages (Central) Rules, 1950[10]. C030-Hours of Work (Commerce and Offices) Convention (No. 30), 1930,http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312175.ParliamentFirst no-confidence motion of the 17th Lok Sabha discussed todayNiranjana Menon- August 8, 2023Discussion on the first no-confidence motion of the 17thLok Sabha began today.  No-confidence motions and confidence motions are trust votes, used to test or demonstrate the support of Lok Sabha for the government in power.  Article 75(3) of the Constitution states that the government is collectively responsible to Lok Sabha.  This means that the government must always enjoy the support of a majority of the members of Lok Sabha.  Trust votes are used to examine this support.  The government resigns if a majority of members support a no-confidence motion, or reject a confidence motion.So far, 28 no-confidence motions (including the one being discussed today) and 11 confidence motions have beendiscussed.  Over the years, the number of such motions has reduced.  The mid-1960s and mid-1970s saw more no-confidence motions, whereas the 1990s saw more confidence motions.Figure1: Trust votes in ParliamentNote: *Term shorter than 5 years; **6-year term.Source: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.The no-confidence motion being discussed today wasmovedon July 26, 2023.  A motion of no-confidence is moved with the support of at least 50 members.   The Speaker has the discretion to allot time for discussion of the motion.  TheRules of Procedurestate that the motion must be discussed within 10 days of being introduced.  This year, the no-confidence motion wasdiscussed13 calendar days after introduction.  Since the introduction of the no-confidence motion on July 26, 12 Bills have been introduced and 18 Bills have been passed by Lok Sabha.  In the past, on four occasions, the discussion on no-confidence motions began seven days after their introduction.  On these occasions, Bills and other important issues were debated before the discussion on the no-confidence motion began.Figure2: Members rise in support of the motion of no-confidence in Lok SabhaSource: Sansad TV, Lok Sabha, July 26, 2023; PRS.Figure3: Number of days from introduction to discussion on no-confidence motionsNote: Number of days implies calendar days.Source: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.On average, no-confidence motions (excluding the one being discussed today) have been discussed for 13 hours over three days.  Discussions have lasted longer than 20 hours on four instances, most recently in 2003.  Today’s no-confidence motion was allotted 12 hours discussion time by theBusiness Advisory Committee.Following the discussion, the motion is put to vote.  26 out of 27 no-confidence motions (excluding the one being discussed today) have been voted upon and rejected.  This means that no government has ever had to resign following a vote of no-confidence.   On one occasion, in 1979, the discussion on a no-confidence motion against the Morarji Desai government remained inconclusive.  He resigned before the motion was put to vote.  50% of all no-confidence motions (14 out of 28) were discussed between 1965 and 1975.  Of these, 12 were against governments headed by Indira Gandhi.Figure4: Duration of discussion on no-confidence motionsNote: This graph excludes the no confidence motion moved on July 26, 2023.Source: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.In comparison, confidence motions have a more varied history.  The first motion, brought in 1979 to demonstrate confidence in Charan Singh’s government, was not discussed at all.  The Prime Minister resigned before the discussion could take place.  Since then, 11 confidence motions have been discussed in Lok Sabha, with nine occurring in the 1990s.  During this period, several coalition governments were formed, and Prime Ministers sought to prove their majority throughconfidence motions.   These motions have been discussed, on average, for 12 hours over two days.Figure5: Duration of discussion of confidence motionsSource: Statistical Handbook 2021, Ministry of Parliamentary Affairs; PRS.Of the 11 confidence motions discussed in Lok Sabha, seven were accepted.  On three instances, governments had to resign as they could not prove that they had the support of the majority.  On one instance in 1996, the motion was not put to vote.  Following an eleven-hour discussion on this confidence motion, Prime Minister Atal Bihari Vajpayee announced his intention to resign on the floor of the House.  He resigned 16 days into his term.Vajpayee became Prime Minister again in 1999, and faced another confidence motion.   This time, it was put to vote.   The motion was defeated by a margin of one vote.  This has been the closest result on a trust vote in the history of Lok Sabha.  The next closest result was when a motion of no-confidence against P V Narasimha Rao’s government was defeated by 14 votes in 1993.  In most cases, results have been in favour of the government by a large margin.«12345678910»
LegislationDecoding the Code on WagesVinayak Krishnan- November 27, 2017