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Labour Law Reform: The Role of Trade Unions

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

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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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