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Make in India' Campaign: Labour Law Reform Strategy and Its Impact On Job Creation Opportunities in India
Make in India' Campaign: Labour Law Reform Strategy and Its Impact On Job Creation Opportunities in India
Anushree Karani1
Rasananda Panda2
Abstract
The need of employment generation has never been more pressing than now when youth is occupying
larger share in the pie of demographic profile of the country. There are several employment challenges
such as adequate skill requirement and large-scale employment generation, flexibility of employer to
cope up with turbulent global manufacturing environment and social security programme to cater to the
need of employees. Development of manufacturing sector is always at the centre irrespective of NDA
(National Democratic Alliance) led government or UPA (United Progressive Alliance) led government.
To create jobs for the manufacturing sector is always a challenging task. This article throws some light
on the manufacturing employment scenario in the pre-reform and post-reform era. This article also
tries to explore the impact of recent proposed labour law reforms on the job creation opportunities.
It follows exploratory—secondary data—research design. The scope of this research is limited to two
major laws, namely, Factories Act, 1948 and Apprenticeship Act, 1961, and other law reforms in the
country. With the support of the recent 26th Quarterly Employment Survey by labour ministry and the
analysis of the labour law reforms, this article leads to the conclusion that these reforms have not had
any significant impact on the job creation opportunities.
Keywords
Labour law reforms, Job creation, ‘Make in India’, Exploratory study
1
Assistant Professor, Shri Jairambhai Patel Institute of Business Management & Computer Applications, National Institute of
Cooperative Management Group of Institutions, Gandhinagar, Gujarat.
2
Professor of Economics, General Management Area, MICA—The School of Ideas, Shela, Ahmedabad, Gujarat, India.
Corresponding author:
Anushree Karani, Assistant Professor, Shri Jairambhai Patel Institute of Business Management & Computer Applications, National
Institute of Cooperative Management Group of Institutions, Nr. Indroda Circle, Gandhinagar, Gujarat.
E-mail: anushreekarani@gmail.com
2 Management and Labour Studies 43(1&2)
Introduction
The Indian manufacturing sector is the backbone of country’s economic growth. The manufacturing
sector helps in meeting demand and it reduces import dependence. This sector provides employment to
millions of people in the country, which has a multiple effect in the growth of the economy in terms of
reduction in poverty, starvation and better standard of living.
Recent Ernst & Young’s survey in 2015 has ranked India as the most attractive market that year. It has
also mentioned that India was ranked number one in foreign direct investment (FDI) in the first half of
2015. This survey also reconfirms the earlier findings of the Financial Times, London which said that
India was ahead of China for Greenfield FDIs in 2015 (Ernst & Young, 2015). India is ranked number
one among the world’s top destinations by Foreign Policy magazine of the USA (Mehra, 2015).
The latest data on Index of Industrial Production (IIP) for the month of August 2015 shows a healthy
growth of 6.4 per cent after growing at a more than 4 per cent in June and July. Particularly, manufactur-
ing sector grew around 6.9 per cent in the month of August 2015 (ET Bureau, 2015). The manufacturing
sector of India is small in comparison with BRICS (Brazil, Russia, India, China and South Africa)
nations. Rising share of manufacturing in GDP shows that this sector has enormous potential in terms of
generating higher inclusive growth with vast opportunities to the workforce. Without manufacturing,
growing at a faster rate, job absorption would continue to be low.
India is one of the youngest nations in the world with more than two third of the total population
below 35 years of age making it suitable for building a manufacturing hub. India has a treasure of youth,
but dark side of this advantage is these youths are unemployed because of not having required skill
set for employment. Less than 5 per cent of India’s potential workforce gets formal skill training to be,
and stay, employable. A skilled workforce is the backbone of the manufacturing sector and overall develop-
ment of the economy. The government has also taken initiatives such as ‘Skill India’ and ‘Pradhan
Mantri Kaushal Vikas Yojna’ (Malik, 2015).
country. India’s inflexible labour market was the roadblock in the growth of manufacturing sector and
productive employment generation. Reforms in the labour market accelerate the growth in manufactur-
ing sector and large-scale employment generation in the country (Ahmed & Devarajan, 2007; Basu,
2005). Majority literature focuses on Chapter VB of the Industrial Dispute Act, which says that it is
mandatory for the firm having more than 100 workers that it must take approval of the state government
in case of retrenchment. Besley and Burgess (2004) constructed the index, which summarizes the state-
level amendments of Industrial Dispute Act between 1949 and 1962. They found out that there is a
negative impact of pro-worker regulation on employment, productivity and investment and output
among the registered manufacturing firms. Other researchers point out that there are so many labour
laws and many of them covering same subject which is sometimes difficult to comply. For instance, the
Factories Act prescribes the use of earthen pots for drinking water (water coolers are not sufficient) and
the use of red painted buckets with sand (instead of fire extinguishers) (Debroy, 2005).
The increased growth in employment majorly due to liberalization and removal of quantitative restric-
tions on import goods. During the first phase of liberalization, that is, from 1991–1992 to 1997–1998,
despite massive tariff reduction, the composition of manufacturing employment remained almost
unchanged (Table 2).
According to Goldar (2002), there was an increase in employment elasticity for aggregate manufac-
turing from 0.26 in the pre-reform period (1973–1974 to 1989–1990) to 0.33 in the post-reform period
(1990–1991 to 1997–1998). According to his study there was a significant increase in the employment
elasticity in the export-oriented group but there was a decline in import-oriented industries from 0.425
in the pre-reform era to 0.264 in the post-reform era. Goldar (2002) has also studied the trend in wages.
In the pre-reform period (1973–1974 to 1989–1990), it was 3.29 per cent and in the post-reform period
(1990–1991 to 1997–1998), it was 1.16 per cent. In India, till date the government intervention plays key
role in the organized sector.
women. The eligibility of the paid leave for the workers has been reduced from 290 to 90 days. The
establishment is now liable to provide 75 restrooms instead of 150 restrooms. The proposed amendments
have also enhanced the safety measures, and penalties for certain offences have also increased. Major
amendment in the Bill is to allow women in the night shift with proper safety measures and regulations
from 7:00 p.m. to 6:00 a.m. The working hours have increased from 10 to 12 hours. Limit of overtime
work for shift workers rose from 50 to 100 hours per quarter. Factories employing 200 or more workers
would have to provide canteen facilities instead of the present provision of 250 workers. The same has
been raised for typical workers from 75 to 115 hours per quarter and up to 125 hours per quarter for
public utilities. The state government role is enhanced in setting norms and standards in factories
(Roychowdhury, 2015).
The Labour Laws Act, 1988 in its original form exempted ‘very small establishments’ (employing up
to nine workers) and ‘small establishments’ (employing 10–19 workers) from maintaining registers and
filing returns individually/separately for nine labour laws (about meeting the prescribed norms/
standards), if these establishments provided a consolidated account for the same.
The government has also draft a Bill which create a single labour law for small factories where num-
ber of workers are less than 40 which was 19 earlier. The proposed draft would eliminate the 14 existing
Acts, which are applicable to this sector. The main reason behind The Small Factories (Regulation of
Employment and Condition of Service) Bill, 2014 is to attract investors within and outside country.
As per the draft the definition of a small factory is, ‘as any premise wherein a manufacturing process is
carried on and which employs less than 40 workers’ and seeks to exempt employers from complying with
14 Acts. The Bill also allows employers to register and even close down their factories by electronically
notifying the concerned authorities within 15 days of closing the factory (Roychowdhury, 2015).
Impact on Job Creation
Job creation opportunity is one of the objectives of labour reforms. Some of the reforms would attract
the employees and create an opportunity for employment. The amendment allows night shift for women
with special measures would really attract women employees and open way for them to work in an estab-
lishment with proper safety and security. Total working hours have increased but with the increment in
spread-over time of 30 minutes. This will benefit the employees to take nap in between the working
hours. The benefits are also to the employers as paid leave for the workers have been reduced and
number of rest rooms has reduced.
Majority of the workers are breadwinners for their families so, increase in the limit of overtime work
also motivate them to work and provide more earning capacity. The major benefit to the employees is
that the safety measures are increased. This will provide the safe work environment to the employees and
attract educated employees more in the factory set-ups. Some of these measures of increase in safety
standards, more spread-over times, increase in penalty would help the manufacturing set-up to fill the
dearth of skilled people in the industry.
Some of the measures are not in favour of employer such as increased penalty, more safety standards
and safety measures for women working in the night shift. This will cause more cost to the employer,
which actually has a negative effect on job creation opportunity.
The amendment in the increase in number of workers would actually cover the entire micro, small and
medium enterprises (MSME). The administrative compliance will reduce but this will not affect the job
creation opportunities at the front. The MSME sector provides employment to a large section of popula-
tion and contributes about 45 per cent in country’s export and about 40 per cent in the manufacturing
sector (DNA, 2015). More investors would come and invest in the MSME sector, more business will be
Karani and Panda 7
generated, and this generates more employment in the sector. The MSME sector is also free from the
burden of multiple forms and inspections.
The MSME is also a growing sector in India and it needs more talented people to work in. Job crea-
tion opportunity in this sector is completely based on not only government regulations but also on the
other economic factors and conditions favourable to the Indian business sector.
which means around 30 per cent of sanctioned apprentice seats remain vacant, these forces the amend-
ment in the Apprentices Act.
Earlier the organization could only appoint restricted number of apprentice, and must maintain the fix
ratio of worker-to-apprentice as prescribed by the government. Now the definition has broadened so
workers other than engineers also can be apprentice. Allowing the employer to decide on wages, working
hours are not in favour of job creation. In addition, organizations can device their policy for hiring or
recruiting apprentice is again not in the favour of job creation. With the current amendment, any employer
contravening the Act is only liable to pay monetary penalty and cannot be put behind the bar under any
circumstances. All these changes are unambiguously in favour of employers and here the job creation
perspective is not at all fulfilled.
Other Reforms
considered the mines, explosive and hazardous occupations covered under the Factories Act, 1948.
Violations of this regime impose penalty and imprisonment as well (Globalhrlaw.com, 2015).
Changes in Minimum Wage Act, 1948
The government has increased the minimum wage across the country from `137 per day to `160 per day.
This limit has been raised after two years based on average increase in the consumer price index for
industrial workers during this period. This increased limit translates `4,800 as minimum monthly salary
for unskilled labour. The government raised minimum wages in the country by 25 per cent binding all
the states. This was aimed to give boost in the rural economy of the country. Apart from common
uniform wage structure across the occupations, the amendments also make it compulsory for payment to
be done through the banking channels. This would ensure that salaries are paid through the banking
channels such as NEFT and RTGS. This would ensure that middleman or contractors do not cut the wage
and the employees get the full amount (The Indian Express, 2015).
Changes in the Contact Labour (Regulation & Abolition) Act, 1970
The proposed changes in the Contact Labour (Regulation & Abolition) Act, 1970 make it compulsory
for companies to absorb contact workers as regular/permanent workers whenever there is a vacancy or
need for permanent workers. Wages of the contractual workers should be at least minimum wages as
prescribed by the government. The amendment also suggests that contractual worker should also get
increment annually. There should be major hike in their salary after every five years but the condition is
that they should acquire some amount of skills (Sharma, 2015).
Impact on Job Creation
The above reforms are not directly related to job creation but somewhere these reforms help in ease of
doing business. These reforms may give motivation to employers as well as the industry to hire more
employees and encourage FDI, which is the need of the Indian economy in today’s era. The increase in
provident fund limit has extended the comfort and social security to certain category of employees who
deserve and desire protection. The increase in wage ceiling of `15,000 will include 5 million more
employees under this Act. This one may be motivation for the employees for employment. The incre-
ment in daily wage may motivate the unskilled labours and also provide job security to them. All these
changes in the labour laws are at preliminary stage and this is the responsibility of government and
employer to explain the benefits of the changes to the lower level employees and attract them for employ-
ment. The proposed changes in the Contract Labour Act will regularize the appointment of contractual
workers. The companies are hiring contractual employees according to the changing environment, so
this is not attractive for companies but the employees this may seem as an opportunity to enrol them-
selves as a contractual employee and get permanent job in that company. The benefit for employees is
that now employer cannot hire and fire contact workers based on seasonality of business. This will also
give opportunity to improve their skills. These changes are proposed and not still institutionalized and
still there is a drop in the employment of contractual labours in the past one year.
Conclusion
With rapid globalization and cutthroat competition in the manufacturing processes, the global manufac-
turing scenario has become immensely competitive. Indian manufacturing sector is booming, and industry
must deploy necessary manpower as per its needs. Recently, labour ministry has come out with the
10 Management and Labour Studies 43(1&2)
26th Quarterly Employment Survey April–June 2015 (Figure 1). This survey clearly says that job crea-
tion in manufacturing and export-oriented sectors in the first quarter of the year, which is April–June
2015 has fell badly. The number of jobs in the textiles, automobiles, leather, metals, gems and jewellery,
transport, information technology (IT)/business process outsourcing (BPO) and handloom/powerloom
sectors fell by a net 43,000 from the previous quarter. If the complete financial year is analysed, then
there is a drop in job creation in every quarter. In the first quarter of June 2014, 182,000 jobs were
created and in the last quarter of the financial year which was March 2015 only 64,000 jobs were added.
In April–June 2015 each sector registered the decline in job creation. Textile sector jobs decline by
17,000, automobile sector jobs decline by 18,000, IT/BPO sector jobs also declined by 5,000, handloom
jobs by 6,000, gems and jewellery by 3,000 and transport sector jobs decline by 2,000. One the most
unanticipated reality was that textile and IT/BPO sectors were always counted for more job creation have
slumped in the first quarter of 2015 (Figure 1). The decline was mainly due to the fall in temporary work-
ers in the employment. In the direct category of employees, the employment has increased by 30,000 and
in the contractual jobs; the decline was 73,000 during the quarter end June 2015 over March 2015. Some
private sector surveys have come up with the positive picture and according to Employment Outlook
Report by Naukri.com of October 2015 said that there is a growth in hiring from 26 per cent from
October 2014 to October 2015 (Nanda, 2015).
All the above changes are proposed and not yet implemented. Contract labour has become very
important part of today’s manufacturing sector. All uncertainties about regulation may be removed by
Karani and Panda 11
renaming the Act as the Contract Labour (Regulation) Act instead of the Contract Labour (Abolition and
Regulation) Act. The use of contract labour would enhance employment as this allows the engagement
of a vast number of labours, which would not have been possible otherwise. From the above analysis, it
is clear that though job creation is one of the objectives behind labour law reforms but the proposed
reforms are not promising to fulfil this objective.
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