English Vocab

Labour Reforms: Jammu and Kashmir Makes a Good Beginning

Budget 2018: Provisions of the proposed J&K Employment Code are not in public domain. Indeed, the Budget speech suggests it is still work in progress. But there are some clear principles that should drive any such initiative.

Jammu & Kashmir (J&K) is notching (a level on a scale of measurement or achievement) up several firsts. Abolition of the Plan versus non-Plan distinction was one. Paragraphs 212 to 214 of the J&K finance minister’s Budget speech for 2018-19 has another remarkable first. “While the whole country currentlygrapples (struggle to deal with or overcome (a difficulty or challenge)) with the issue of labour law reforms, I have decided that the

State should take the lead and show the way to the country.” There will be a Uniform Employment Code applicable to all labour, except domestic workers and agricultural labour. With exception of mines, oilfields and Union employees, all other labour laws (trade unions, industrial and labour disputes, social security, labour welfare, pensions, workmen’s compensation) are in the Concurrent List of the Seventh Schedule. However, de facto, most of what we interpret as labour law is Union government legislation, with some State-level amendments. Seventh Schedule reflects a lot of centralisation and this increased over time.

Labour conditions vary between States, as do other factor markets. If land is in the State list, why should labour be in the Concurrent List? There may be ILO Conventions India is signatory to, and there may be other minimum standards that should be applicable everywhere in the country. But beyond that, since labour conditions differ between States, why should we expect uniformity?

Know how Arun Jaitley’s Budget 2018 will impact your tax liability with this Income Tax Calculator. Whenever something like labour standards crops up in international fora, we rightly argue countries are at different levels of development and factor endowments (an income or form of property given or bequeathed to someone). There are countries where labour should be relatively cheap. Hence, one shouldn’t expect wages in India to be as high as those in USA. By the same logic, even if one accepts a concept of minimum wages, that minimum can’t be the same in every State. That’s like saying circle rates should be identical everywhere. Ideally, labour should be in the State List. But no Seventh Schedule amendment can occur fast. Nevertheless, if J&K wishes to reform its labour laws and replace them with a Uniform Employment Code, it can use provisions of Article 254(2) of the Constitution to do so.

Provisions of the proposed J&K Employment Code are not in public domain. Indeed, the Budget speech suggests it is still work in progress. But there are some clear principles that should drive any such initiative. All too often, people have a jaundiced view about labour law reform, such as scrapping, or relaxing, Chapter V-B of the Industrial Disputes Act.

First, all law reform, not just labour law reform, must start with a clean slate. What should the law look like if we start from first principles? Depending on how you count, there are around 55 Union statutes that have something to do with labour. The oldest is Fatal Accidents Act of 1855. The most recent are (amendments) from 2017. Tinkering (attempt to repair or improve something in a casual or desultory way) with one section here and another statute (an enactment made by a legislature and expressed in a formal document) there is not proper reform. The entire set must go back to the drawing board. Second, some, but not all, labour laws are implemented by labour departments (or the Union ministry). Reform isn’t concerned with niceties (a fine or subtle detail or distinction) of such silos and departments.

All labour laws, regardless of who administers them, must be examined. Third, since we borrowed a fair bit of labour legislation from the West in the aftermath (the consequences or after-effects of a significant unpleasant event) of the Industrial Revolution, labour laws drew on notions of factories and manufacturing, generating other silos. How many employees are there? Is power used? Depending on the answer, the enterprise will be in the so-called organised sector, with rigid labour laws, or in the so-called unorganised sector, with fluid and unenforced labour laws. Depending on the answer again, there will be a silo between manufacturing and services (generally governed by Shops and Establishments Acts).

Fourth, statutes provide no more than an enabling framework and must be minimal. There is a temptation tobung (to put (something) in or into a place in a quick and careless way) everything into them. There is a difference between rules and statutes and statutes cannot be continuously amended. Hence, anything administrative in nature belongs in rules, not statutes. Fifth, language must be simple and precise, not requiring judicial interpretation to fathom (understand (a difficult problem or an enigmatic person) after much thought) the meaning. Sixth, since an employer-employee relationship is required, some categories of labour can’t be covered. (That’s presumably the reason why domestic workers and agricultural labour have been excluded.) With those six principles, there must be a system of registering employers and employees, delinked from Factories Act and breaking down that particular organised/unorganised silo (isolate (one system, process, department, etc.) from others).

One then sets out principles for conditions of work and remuneration, working conditions (including safety and accidents), social security, employer-employee relationships (including termination), norms for employees’ associations and procedures for dispute resolution. In the process, one also determines the role of appropriate government. The government shouldn’t automatically become a party to what is essentially a bilateral contract. It has a regulatory role and a dispute regulation function, in addition to whatever contributions government wishes to make for social security. This is a rough template of what a Uniform Employment Code should look like and if J&K approaches this, it will really take the lead.

The Fatal Accidents Act was amended several times, 1871, 1914, 1951 and 1963. It is a legal provision we need, though not necessarily as a stand-alone statute. It is a short statute with four sections. Read Section 1 and tell me how many times you need to read it to understand what it means. The antecedents are UK’s Fatal Accidents Act of 1846, since overtaken by UK’s Fatal Accidents Act of 1976. Contrast the present UK language with ours. We haven’t moved on.

1. Notching (verb) : (A level on a scale of measurement or achievement.) (इशारा करना, इंगित करना)

Synonyms: Hint, Refer, Imply, Insinuate, Allude, Intimate

Antonyms: Publicize, Advertise, Broadcast, Promulgate, Proclaim

Example: Average earnings in the economy moved up another notch in August.

Verb forms: Notch; Notched; Notched;

Related words: Idioms:-‘notch up /down’ (to move up or down or increase or decrease by degrees)

Notched, notchy (adjective)

2. Grapple (verb) : (Struggle to deal with or overcome (a difficulty or challenge).) (मुश्किल से निपटने के लिए संघर्ष, जूझना)

Synonyms: Indulge, Partake, Coddle, Sedulity, Effort

Antonyms: Relinquishment, Eschew, Sacrifice, Daff, Give Over, Forgo

Example: With his wife out of town, he knew he would have to grapple with the kids all week.

Verb forms: Grapple; Grappled; Grappled

Related words: Grappler (noun)

3. Endowment (noun) : (An income or form of property given or bequeathed to someone.) (प्रदान करना, दे सकना, मुहैया करना)

Synonyms: Bequest, Legacy, Inheritance; Gift, Benefaction, Bestowal,

Antonyms: Dispossess, Evict, Bereave, Deprive

Example: A generous endowment from the will of the late professor.

4. Tinkering (verb) : (Attempt to repair or improve something in a casual or desultory way.) (फेरबदल करना, छेड़छाड़ करना)

Synonyms: Improvement, Correction, Reformation, Reclamation, Amendment

Antonyms: Weaken, Blemish, Tumble, Degenerate

Example: Every now and then my father would go to the basement to tinker with a gadget, but he rarely got anything repaired.

Verb forms: Tinker, Tinkered, Tinkered

Related words: Idiom: give a tinker's damn (to be interested in or concerned about something —used in negative statements)

Idiom: worth a tinker's damn (be good, valuable, or important enough for (something/someone))

Tinkerer (noun) Untinkered, (adjective)

5. Statute (noun) : (An enactment made by a legislature and expressed in a formal document.) (क़ानून, व्यवस्था)

Synonyms: Law, Regulation, Enactment, Act, Edict, Rule, Promulgation, Legislation

Antonyms: Lawlessness, Deregulation, Anarchy, Chaos, Turmoil

Example: The new statute covers the care for, bringing up and protection of children.

Related words: (noun)‘statute book’ (a book in which laws are written.), नियमसंग्रह

6. Niceties (noun) : (A fine or subtle detail or distinction.) (ब्योरा, विवरण)

Synonyms: Detail, Particulars, Description, Explanation,

Antonyms: Summary, Synopsis, Compendium

Example: Doctors and nurses use nicety when writing reports so that the readers will know exactly what they mean.

Related words: Overnicety (noun)

7. Aftermath (noun) : (The consequences or after-effects of a significant unpleasant event.) (परिणाम, के बाद)

Synonyms: Repercussions, After-Effects, Fallout, Corollary, Consequence,

Antonyms: Antecedent, Prologue, Anteriority

Example: The avalanche’s aftermath required extensive resources including rescue and clean-up crews.

8. Bung (verb) : (To put (something) in or into a place in a quick and careless way) (एक अप्रत्याशित या छिपी बाधा या दोष)

Synonyms: Block, Plug, Stop, Obstruct, Impede, Hindrance, Thwart

Antonyms: Promote, Facilitate, Alienate, Expel, Expunction

Example: “Fill out the reply-paid card and bung it in the post”

Verb forms: Bung; Bunged; Bunged

Related words: (phrasal verb):- bunged up (to close or seal with), ‘bung it on’- (to behave in a pretentious manner)

Bung (adjective)

9. Fathom (verb) : (Understand (a difficult problem or an enigmatic person) after much thought.) (थाह लेना, बहुत सोचने के बाद समझना)

Synonyms: Comprehend, Understand, Penetrate, Interpret, Decipher, Decode, Disentangle

Antonyms: Misunderstand, Bewilder, Misperceive, Misconstrue, Confuse

Example: Since I have always done my work, I cannot fathom why my boss just fired me.

Verb forms: Fathom, Fathomed, Fathomed

Related words: Fathomable (adjective) Fathomer (noun)

10. Silo (verb) : (Isolate (one system, process, department, etc.) from others.) (दूसरों से अलग रखना)

Synonyms: Isolate, Reserve, Dissever, Segregate, Move Apart, Declutch

Antonyms: Unite, Integrate, Coalesce, Adhere, Incorporate

Example: Most companies have expensive IT systems they have developed over the years, but they aresiloed.

Verb forms: Silo, Siloed Siloed

Related words: ‘Silo’ (an underground structure that is used for storing something) (noun)