The Uttar Pradesh Temporary Exemption From Certain Labour Laws Ordinance,2020

a Critical Analysis

Abstract

An ordinance exempting manufacturing units from several labour legislations for three years was promulgated by UP government in May 2020. Ostensibly, this manoeuvre is to give an impetus to industry which already was facing slowdown and now reeling under ill-effects of Covid19 lockdown.

There appears a presumption on part of government that social security laws and protective legislation for workers are, but luxuries, hence, can be shunned anytime. Or, that trade union and collective bargaining are just recreation activities of workmen which can be called off at the crook of a finger.

Ordinance raises some serious questions about minimum wage guarantee (though timely payment is not compromised), Trade Unionism, Collective Bargaining and a host of Social Security Legislations including coverage for Inter-state and Contract Labours is suspended (provision for gender justice and bonded labour stands though). Even exploitation on account of work-hour cannot be ruled out. It is noteworthy that labour laws, developed over a period of two centuries, have been realized due to careful deliberation and sensitive diligence of leaders of society and representatives of people and workmen.

This study endeavors a doctrinal research to test the provisions of the ordinance on criteria laid down by existing framework of laws. If this ordinance sees light of the day, a threat looms large on industrial landscape where a worker shall be in possession of claim to several legal rights but without any corresponding duty in the employer.