DT Exclusive | TN govt firm against Centre's social security code to safeguard labour welfare boards

CHENNAI: Amid protest against the Union Government’s four labour codes, the State Labour Department has drafted rules to implement three of them, and submitted them to the State government for approval.

However, the labour department has decided against drafting the rules regarding the Code on Social Security 2020 to protect the existing welfare boards, which cater to the needs of nearly 50 lakh unorganised workers across the State.

The department has submitted the draft to implement the rules on labour codes related to wages, industrial relations, and occupational safety and health (OSH), and working conditions after an extensive exercise, which commenced in April 2022, said a reliable source in the department.

Labour activists and trade unions called these four codes “anti-labour” and have been protesting against their implementation, particularly the OSH that have contentious provisions such as legalising women’s night work, which was not in practice till date. It also reduced the list of occupational diseases from 107 to 29, permitting 12 hours working per day from 8 hours and doing away with Over Time, curtailing the power of law enforcing agencies to conduct physical inspection on the premises to check for violation, and removing the Building and Other Construction Workers Act (BOCW Act) that has 200 safety clauses for construction workers.

The State rules have been framed after considering hundreds of objections and suggestions from trade unions, workers, employers and other stakeholders. “We’ve also taken input from the State Law Department to draft the rules. Since these codes were introduced by the Union Government, the role of the State is limited; it can only frame rules to implement it. But, it will not have any impact on the state labour laws,” said an official, who was part of the exercise.

Meanwhile, the State government has decided against the labour code on Social Security 2020. “The code on social security is inapposite to TN, which is a pioneer in constituting welfare boards for unorganised workers to protect their welfare and rights. So, the department, in reflection of the government’s policy, did not prepare draft rules for it,” added the source. “It’s uncertain when these would come into force as the Union government itself is in a dilemma following nation-wide protest from trade unions and labourers forums.”

In a recent meeting chaired by the Labour Secretary of the Union government, State Labour Commissioner Atul Anand registered the TN’s stand against the SS code. “Tamil Nadu has already made its stand clear on the code, and has given the Union government a list of issues in implementing it. The State has also highlighted it would have an adverse impact on over 50 lakh unorganised workers, who are members of the state welfare boards,” pointed out another source.

R Geetha of Unorganised Workers Federation said that the State government should take a stand on the labour code on occupational safety, health and working conditions, which nullified the BOCW Act. “There were around 200 rules related to safety aspects of the workers in the Act, which was enacted after 11 years of struggle. But these provisions are not in the new code. So, the government should take a stand against this code too, keeping the safety and welfare of the working class,” she said.