Explained Good, BAD, UGLY - Labour Law Reform 2025 l The REAL TRUTH! скачать в хорошем качестве

Explained Good, BAD, UGLY - Labour Law Reform 2025 l The REAL TRUTH!

Government's Stated Goals & Positive Aspects: Simplification and Efficiency: The government claims the reforms will simplify compliance, make governance faster, and create a modern labor ecosystem (0:56-1:02, 2:04-2:26, 17:14-17:22). Worker Empowerment and Social Justice: The reforms are marketed as empowering workers and aligning with global standards of social justice (0:28-0:31, 2:06-2:08). Mandatory Appointment Letters: Now required for all workers, bringing transparency and a paper trail to employment (6:26-6:40). Extended Social Security Coverage: Includes gig and platform workers under PF, ESIC, and minimum wages, making them statutory rights (6:42-6:56, 28:07-28:20). Timely Wage Payments: Mandated by the 7th of every month (15:36-15:39). Preventive Healthcare: Free annual health check-ups for workers above 40 (7:02-7:08). Women's Employment: Women are permitted to work at night and across all occupations with consent and safety measures, aiming to flip the script on historical exclusion (7:09-7:14, 7:31-7:51, 15:47-15:53, 16:45-16:55). Fixed-Term Employment Benefits: Fixed-term employees now get equal benefits, equal pay, and even gratuity after one year (8:15-8:20). Increased Minimum Wages: Non-negotiable for youth workers and guaranteed for MSME workers, with overtime paying double (12:43-12:51, 13:17-13:33, 13:49-13:52). Improved Safety Standards: National uniformity for safety standards, mandatory health check-ups, and safety committees in hazardous industries (14:07-14:14, 14:32-14:52, 17:35-17:38). Criticisms and Loopholes: Exclusion of Unorganized Sector: Over 90% of India's workforce is unorganized, yet the laws are primarily written for organized workplaces, leaving the majority vulnerable (3:35-4:02, 5:04-6:12). Threshold-Based Protections: Many provisions apply only above certain size thresholds (e.g., 20 or 40 workers for OSHWC code, 50 workers for contract labor), effectively excluding millions of workers in small units (5:04-6:03, 29:51-30:10). Legalized Exploitation: Critics argue the codes legalize exploitation and dress up precarity as flexibility (2:46-2:55). "Hire and Fire" Policy: The threshold for needing government approval to retrench workers or shut down operations has been raised from 100 to 300 workers, effectively exempting over 90% of industrial establishments from scrutiny (25:01-25:34). Fixed-Term Employment Insecurity: While granting benefits, fixed-term employment comes with an expiry date, and employers may not renew contracts, leading to perpetual insecurity (8:23-8:44, 26:18-27:21). Gig Worker Status: Gig and platform workers are recognized but not classified as "employees," denying them minimum wage, job security, and the right to unionize. A 1-2% levy on turnover for a welfare fund is seen as charity, not an enforceable right (8:49-9:17, 28:22-29:13). Fragmented Workforce: The codes create three types of workers (permanent, fixed-term, contract) in one workplace, doing the same work but with different rights and fears, weakening solidarity and bargaining power (9:40-9:51, 11:55-12:36). Shift of Lawmaking Power: By consolidating laws, significant lawmaking power has been quietly handed to the executive through rules that can be changed by simple government notification without parliamentary scrutiny (17:51-18:35). Minimum Wage Flexibility: The national "floor wage" is not tied to nutritional and consumptional standards laid down by the Supreme Court, raising concerns that it could normalize poverty wages (20:53-21:39). Impact on Take-Home Salary: A 50% cap on allowances like HRA for provident fund and gratuity calculations can reduce monthly take-home salary, making workers save more for the future while struggling in the present (21:44-22:18, 23:06-24:22). Weakened Enforcement: The "labor inspector" is replaced with an "inspector-cum-facilitator," shifting from authority to advice. Violations can be compounded by paying a fee, turning wage theft into a negotiable expense (22:20-23:03). Hindrance to Strikes and Unionization: The increased threshold for a trade union to become the sole negotiating body (51% of workers) is seen as an administrative miracle to achieve, weakening collective bargaining. The conciliation process can also be prolonged by the state, shrinking the space for lawful strikes (32:12-32:49, 27:25-27:40). Extended Working Hours: While keeping the 48-hour weekly limit, the introduction of "spread-over time" and expanded overtime provisions allow for workdays to stretch up to 12 hours, repackaging exhaustion as flexibility (30:44-31:05, 33:49-34:57). The video concludes that while the reforms are well-intentioned, they are unevenly designed. They simplify systems for the state and employers but demand awareness and courage from workers who often lack both. The effectiveness of the reforms depends entirely on enforcement, which in India is not automatic (35:54-36:46).