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Dynamic Mischief In Collective Bargaining To Be Resolved By The State

It cannot be denied that Constitution has a paramount obligation to corroborate the welfare of the workers[1]. Yet with time, the robustness of the trade unions has diminished considerably as workers prowl to lessen the costs and assemble to argument the profits. In the light of free-merchandise, we will stand with the benevolence of the state interference for the minimum wage and protection laws for the employment. It will be injudicious to watch the free-merchandise as elixir. One should seek for the combination of legal rules with the circumstances for the socio-economic development for all.

Following the perfunctory synopsis of what were the industrial relations, kamala sankaran has pointed out some changes to the present labour laws in Asian continent, which has dominated the expatiate in since 2000. The heterogeneity of the labour laws is a concurrent concern in the Indian constitution. Also the existing framework of laws lacks in uniformity.
Nonetheless, the above concerns were prevailed over by the much greater concerns.

Our county has witnessed many bends in the developmental policies since 1947. State argues that this was much needed in order to promote productiveness and to protect workers’ rights. The five year plan of the year 2002-07 is the instance where center has attempted to put some policies. Both formal and informal sectors were in trouble, one due to less enforcement of laws due to less coverage and other due to lower employment rates. This paper despite the fact of limitations should not be seen as a blockage in the development of free market, rather as primitive module of the industrial relations.

Considering the above, one should not equate labour law with inefficiency in every case. state participation regardless of problems can also come up with the effective results when the free market fails. In these cases, it becomes necessary to develop trust by correcting the previous frustration in order to boost productivity.

Barriers to the powers of the Unions

All the trade union laws only protect registered trade union laws[2] and prohibits the unregister trade union to have litigation right to engage with the workers. It is advised to state that infringements should be checked so that state can play a vital role in dialogue based amicable settlements.[3]

In materiality, there is too much of inter-union struggle and fragmentation which should not be overlooked and despite to statutory recognition, bargaining power is one’s ability which is diluted by the union when same set of workers are in the battlefield over and over again. Such exploitation due to political manipulation and inner politics needs to suppress. One such method to curb this is democratic method to recognize union[4].

The raising discrepancy between the workers and their employers cannot be repudiated. Most of the time workers contentions is being overlooked in the name of being undisciplined or for becoming hindrance in the industrial growth. Limited income and miserable work conditions, are the other examples which worker face. This practice will further increase tensions.

How state can intercede

There are innumerable instances where state has abused his power. One such example could be when the plant side is escalated due to unfairness in treating the workers, this is done when a caste based slur is being used by the management of Maruti the car agency, maneser[5]. After the strike, state police intervene and some workers were detained, which inculcated an atmosphere of fear. One of the biggest rationales for this is the correct use of impunity in the non-attendance of accountability. Such impunity does not help in growing healthy work environment instead, lead towards frequent mobilizations.

With the above contentions there are also other issues which assist workers exploitations two such reasons are; declination of global reforms such as labor standards and global trade. Insufficiency in the bargaining capacity of unions in fighting anti labour enactments.

Consequently, it cannot be denied that complications do not exist. There is a need to bring consistency in laws, essentially in the terms like appropriate government, industry and workmen, member of union etc. also the inconsistencies in the laws shut out the option of ADR and increase power in the hands of the state.

Also, state should comply with the Human rights laws of the workers to insure social justice, it is also seen that India has not ratified many international treaties such as international labour organization, and the actions such as arrest of employee without warrant should be reconsider. there is a need to look at the workers doing their work informally as informal workers are more than half of the formal workers. Numerous litigations visualizes us the exploitation faced by the informal workers due to their exclusion from the labour legislations.

For the above state can bring the following changes; labour can be included in the state list from the concurrent list so that multiplicity of laws can be reduced which also essentially encourage decentralization, make easier to resolve dispute through ADR. Further, effective implementation of existing laws is much needed.

Further, it is seen that government policies are also get opposed by the union in large extinct, for this, union government put the responsibility on the state government to regulate such activity, state government just for political gains antagonize the policy, moreover if we neglect this most of the policy is made for the big firms which also neglect the small and medium firms. Also, the essence of protection needs to change a little, currently there is a need to categorize the population to be targeted so that an effective moves can be made, till now the laws are focused on collective rights making a lacuna for the individual rights

In support of the paradigm shift

Notwithstanding with the above, law has its own finite boundaries and becomes insignificant when sector becomes informal, which did not come under the ambit of law itself, here comes the role of state, state can play a vital role in making of the law itself, they can consider transaction cost or other hindrance, job security and minimum wages can also be assured by the active state role.

As discussed above only registered trade union is getting recognized, private players in such cases try to make corrupt practice, for instance use of outsourcing, tax invasions by splitting up into smaller units, charging extra or more prices, in this regard employer privileges should be checked in, the most importantly boosting workers confidence with increasing and improving quality work conditions is required, moreover state inversion becomes must in case of outrage which resulted in damaging public property.

One cannot simply blame workers, subsequently, workers should have freedom of expression freedom of expression, the only way that can resolve such issue between the union and the workers is negotiation through collective barraging.

Conclusion:
This paper acknowledges about the inequality between the worker and employer in terms of bargaining power, and it is suggested that both micro and macro approach to raise and underline the issue with the workers currently, labour laws to some extinct are nigh to the extremity in the market forces. Decentralization of laws might help in speedy growth.

Somewhere the critical issue are well taken into consideration, for instance making a safe place for women to work which include working hours of women, while some state don’t allow women to night shift, there are others where women do work in night shift and proper safety is provided by the employers, but the government can issue some mandatory policies such as, providing free or subsidies transport for women. Further to help in this regard government can make tax exemptions[6]

There is a need of compliance with the international standards of the labour laws. So, that unnecessary exploitation by the state can be prevented. The legal maxim ubi jus ibi remedium which where there is a right, there is a remedy' is always helpful but Multiplicities of laws are needed to shrink here and ADR should be encouraged wherever possible. And state should play a significant role to set a seal the same.

It can be easily said that less the state role in rights of labour more will be the benefit to the worker but the substantive date shows that this will lead to more harm to the workers[7]. Workers have less bargaining power as well as have fewer resources than the employers, so there should be a balance in the existing laws and proper implementation of the laws by the center and the state. The relation between the employer and employee is very important and free market cannot survive if one is abandoned.

End-Notes:
  1. See Articles 38 and 43A of the Constitution of India
  2. See Section 4(1) of the Trade Unions Act, 1926 (TU Act)
  3. Balmer Lawrie Workers’ Union, Bombay and Anr. v. Balmer Lawrie & Co. Ltd. &Ors
  4. Kaufman, B.E. Labor’s inequality of bargaining power: Changes over time and implications for public policy. Journal of Labor Research 10, 285–298 (1989). Accessed on 10/09/2021 https://doi.org/10.1007/BF02685272
  5. Sehgal, Rakhi. Maruti Workers Are the Villains’: Truth or Prejudice?” Economic and Political Weekly 47, no. 31 (2012): 12–15. http://www.jstor.org/stable/23251619.
  6. Blau F.D. (1984) Discrimination Against Women: Theory and Evidence. In: Darity W. (eds) Labor Economics: Modern Views. Recent Economic Thought Series, vol 4. Springer, Dordrecht. Accesed on 09/09/2021 https://doi.org/10.1007/978-94-009-5636-0_3
  7. Rohini Hensman, Trade Unions And The Gender Division Of Labour In Manufacturing Industry, A Case Study In India accesed on 09/092021 https://cn.dmad.online/8t

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