Monday 24 November 2014

Modi Government to kickstart labour reforms; 2 key Bills likely to be introduced in Rajya Sabha on Tuesday

The winter session of Parliament that commenced on November 24 and is expected to continue until December 23 has 22 working days and a packed legislative business to transact.

Some 37 bills are up for introduction and passage ranging from labour reforms to the passage of the long-delayed goods and services tax and insurance reforms. 

Among these bills to be introduced in the winter session of Parliament , the Labour Laws (Exemption from Furnishing Returns and maintaining Registers by Certain Establishments) Amendment Bill and the Apprentices (Amendment) Bill were scheduled to be introduced in the Rajya Sabha on Monday, but likely to be taken up for consideration only on Tuesday as both Houses of Parliament adjourned for the day after obituary references. 

The Labour Laws (Exemption from Furnishing Returns and maintaining Registers by Certain Establishments) Amendment Bill seeks to amend the principal Act, namely the Labour Laws (Exemption from Furnishing Returns and maintaining Registers by Certain Establishments) Amendment and Miscellaneous Provisions Act, 1988 by widening the ambit of the principal Act to more establishments and adding more laws from the purview of which the establishments are exempted. The Bill amends the definition of 'small establishment' to cover establishment that employ between 10 and 40 employees. While the principal Act provided for the employer having to file returns and maintain registers at the workplace in a specified format, the amendment sought to be made now provides that the employer may maintain the returns filed and registers maintained on a computer, computer disk or other electronic media, print-outs of which will have to be made available to the Inspector on demand or sent to the inspector by electronic mail. Further, in what is seen as a watering down of the stringent provisions of the Act, the Bill amends the list of Acts which exempt the small establishments thereunder from maintaining registers and filing returns and adds seven more to the list. The salient features of the Labour Laws (Exemption from Furnishing Returns and maintaining Registers by Certain Establishments) Amendment Bill can be read here

The Apprentices (Amendment) Bill, 2014 sets the minimum age of apprenticeship in designated trades related to hazardous industries as 18 years. Among the more controversial provisions of  the Bill, is the proposed amendment that leaves the hours of work and leave for apprentices at the discretion or policy of the employer.The highlights of the Apprentices (Amendment) Bill, 2014 which seeks to amend the Apprentices Act, 1961 can be read here .