THIS is with reference to the article ‘Labour codes for all working people’ (Aug 3), which painted a rather rosy picture. The fact of the matter is that the labour codes have not only changed the defin-ition of ‘labour’, but have also altered many other definitions that were included in previously enacted laws, like the Trade Unions Act and the Factories Act.
Labour rights activists have voiced their concerns about the legitimisation of the third-party contract system. They are afraid that this system will gradually replace the original employer, and will deprive the workers of many of their rights.
In reality, the labour codes have reduced the power of collective bargaining agent (CBA). According to Section 80, any union can negotiate with the factory owner with-out the CBA. The unions are concerned that the owners will take advantage of this clause, and will negotiate with pocket and dummy unions, and project them as the CBA.
However, there is an important change in Section 83-M in the code. According to the old law, the condition of having 20 per cent members for forming a third union has been abolished. Instead, any union can now be formed with 5pc of the workers.
No doubt, some experts are on record having described these codes as a disap-pointing attempt to perpetuate forced labour further by regularising the system of advance payments.
A few rights have also been given to informal workers. These codes have also limited the jurisdiction of labour courts and increased the powers of labour dep-artments and inspectors.
There are many other concerns of trade unions and labour rights activists about these codes, which will affect a labour force of 71.76 million. These codes need a comprehensive public debate at different forums, especially in the media, but, unfortunately, the media has turned a blind eye to this very important issue.
Amer Raza
Islamabad
Published in Dawn, September 17th, 2024
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