Haryana Government Passes Amendment Bills

The Haryana Vidhan Sabha on Wednesday, 20th July 2016 amended the following:

Industrial Disputes (Haryana Amendment) Bill 2016: To allow enterprises with up to 300 employees to lay off workers without the government’s permission.

Labour and Employment Minister Capt Abhimanyu moved the Industrial Disputes (Haryana Amendment) Bill, 2016 in the ongoing budget session which was passed by the House.

The House also passed three other Bills concerning labour reforms.
Contract Labour (Regulation and Abolition) Haryana Amendment Bill, 2016:

The Bill concerning contract labour proposes to do away with the condition of registration for industrial establishments, employing up to 50 workers, under the Contract Labour (Regulation and Abolition) Act 1970. With this, the existing limit of 20 workers was increased to 50 for the purpose of application of the Act in Haryana.

Payment of Wages (Haryana Amendment) Bill, 2016:
With the Payment of Wages Bill, the central government becomes the competent authority to fix or revise wage limits of persons employed in industrial establishments.

The existing limit of such wage is Rs.18,000/- per month. The amendment was proposed to provide remedy to those who are getting wages at higher rate to enable them to agitate their claim in case of delayed payment of wages or illegal deduction from the wages.

Factories (Haryana Amendment) Bill, 2016:
The amendment approved by the Haryana Vidhan Sabha would enable factories with 20 workers with aid of power and 40 workers without the aid of power to be exempted from the definition of Factories Act, 1948.

As per the statement of objects and reasons, orders for supplying the goods are time bound and the factories are to supply the required goods well before the targeted time.

Model Shops and Establishments(Regulation of Employment and Conditions of Service) Bill, 2016 - Up For Action

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has considered the Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016. The Bill will now be sent to States/UTs to enable them to modify their individual Acts, if they so desire either by adopting the said Bill as it is or after modifying its provisions as per their requirements. This Bill was finalised after detailed deliberations and discussions with public through internet and with employees/labour representatives, employers’ associations/federations and State Governments through tripartite consultative process.

The main features of the draft model Bill are as follows:-

• It will cover only establishments employing ten or more workers except manufacturing units.

• The Bill provides for freedom to operate 365 days in a year and opening/closing time of establishment.

• Women to be permitted during night shift, if the provision of shelter, rest room ladies toilet, adequate protection of their dignity and transportation etc. exists.

• No discrimination against women in the matter of recruitment, training, transfer or promotions.

• Online one common Registration through a simplified procedure.

• Powers of Government to make rules regarding adequate measures to be taken by the employer for the safety and health of workers.

• Clean and safe drinking water.

• Lavatory, creche, first aid and canteen by group of establishments, in case, it is not possible due to constraint in space or otherwise by individual establishment.

• Five paid festival holidays in addition to national holidays etc.

• Exemption of highly skilled workers (for example workers employed in IT, Biotechnology and R&D division) from daily working hours of 9 hours and weekly working hours of 48 hours subject to maximum 125 over-time hours in a quarter.

The Model Bill would bring about uniformity in the legislative provisions, making it easier for all the States to adopt it and thereby ensuring uniform working conditions across the country and facilitate the ease of doing business and generate employment opportunities.