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Labour Law Reform: The Role of Trade Unions

Explore the evolving role of trade unions in labor law reform, aiming to balance labor market flexibility while ensuring social protection. Delve into the challenges, demands, and collaborative efforts in shaping a more conducive business environment.

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Labour Law Reform: The Role of Trade Unions

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  1. Labour Law Reform: The Role of Trade Unions Umesh Upadhyaya

  2. Beginning Point of the Agenda • Continued Discussion - more than a decade • TUs emphasis on implementation • EOs stress on amendment (hidden agenda of hire & fire policy) • Both ready to revise

  3. EOs Arguments • Need for Labour market flexibility • Labour law not neutral - with pro-worker character • Rigidity of labour - hurdled economic activity • Hesitation in investment • High uncertainty in business scenario • FDI not attracted • Implementation poor due to rigidity of labour law

  4. TUs Arguments • Full FOA, Increased Wages and Social Protection • Labour law - naturally expected to be pro-worker • Violent conflict • Poor capacity of the state to ensure a conducive business environment • Policy defects of the government • Feudal attitudes of employers • Employers' focus on labour cost minimization – not on productivity enhancement • Anti-union policies rather than cooperation with unions

  5. Reviewing the Past • 7 issues identified by Unions and FNCCI • 19 point agreement between TUs & FNCCI • Continued discussion during 2004 and 2005 • Government initiative due to pressure of World Bank • ILO efforts as intermediary

  6. Efforts of the Unions • Some normal – some radical • Joint Initiatives for common position • GEFONT-NTUC Taskforce • NTUC/GEFONT Board & Secretariat

  7. Efforts of the Unions • Issue-wise collaboration • GEFONT+NTUC+DECONT • GEFONT+NTUC+DECONT+TUN • GEFONT+NTUC+DECONT+CoNEP • GEFONT+NTUC+DECONT+ANFTU • GEFONT+NTUC+DECONT+ANFTU+ANTUC+NTUF JTUCC as a joint structure of 8 National TUs

  8. Focus of Union Efforts • Full recognition of unions in every segment of employment • Uninterrupted rights • Social security as the fundamental right in Constitution • Labour Court system ineffective • National Labour Commission as a new device for solution • Towards new welfare state

  9. Priorities of Unions • 'Joint go ahead' strategy in spite of rivalry • Give & Take focus on labour flexibility in balance with social security/protection • Divert the state from Capital-tilt to Labour-Capital balance in its character • Influential interventions in the new constitution & labour law process

  10. Capacity of Unions: Let us assess • Research capacity & expert consultations • Fact-based logical presentations & common stance • Activist mobilization & Mass show for pressurizing • Mobilization of international support • Lobbying capacity • Coordination capacity • Bipartite relation with employers • Level of mutual trust among unions • Tactful strategy to balance Confrontation and Negotiation

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