http://www.financialexpress.com/story-print/1258240



*Vasundhara Raje's Rajasthan government shows way in labour reforms*

*P. Vaidyanathan Iyer* Posted online: Sunday, Jun 08, 2014 at 0000 hrs


*Mumbai : *The Vasundhara Raje-led government in Rajasthan has taken the
lead in bringing about dramatic changes to Central labour laws, which
reformists have long argued are holding back job creation in the country.
Labour laws form part of the Concurrent List and the Union government has
often claimed pre-eminence in allowing amendments proposed by states to the
legislations framed by the Centre.

The Raje Cabinet on Thursday cleared state-level amendments to three
critical and archaic Central government labour legislations -- the
Industrial Disputes Act, Contract Labour Act and the Factories Act --
seeking to liberate the corporate sector from the shackles of stringent
requirements of the laws. The related Bills will be introduced in the
Assembly early next month and then referred to the President for his
assent.

When contacted, Raje said, "I had promised 15 lakh jobs and this is one
area which desperately needs to be opened up. I don't have a choice."
Describing it as "creating a habitat for job creation", she said she would
try to find innovative ways to further reforms.

"Policy-level changes require political will. For decades, everybody has
advocated an overhaul of labour laws. What we did will change the
paradigm," Rajiv Mehrishi, Chief Secretary, Rajasthan, told The Sunday
Express.

According to the changes in the Industrial Disputes Act, government
permission will not be required for retrenchment of up to 300 workers. The
Act, as it stands now, allows retrenchment of up to only 100 workers. The
Rajasthan Cabinet has also introduced a three-year time limit for raising
disputes and increased the percentage of workers needed for registration as
a representative union from 15 per cent to 30 per cent. In the context of
politicisation of trade unions, this raises the bar.

As far as the Contract Labour Act is concerned, the amendments raise the
applicability of the Act to companies with more than 50 workers from the
current 20. In the Factories Act, currently applicable to premises with
more than 10 workers with power and 20 without power, the amendments raise
these numbers to 20 and 40, respectively.

Senior BJP leader and former disinvestment minister Arun Shourie had
recently said that should Narendra Modi become the Prime Minister, he could
bring about genuine federalism by allowing more progressive states to
change their laws. When contacted, Shourie said Section 254 (2) of the
Constitution of India allows states to enact laws that do not necessarily
conform to the Central law provided they receive the President's assent.

"As Gujarat Chief Minister, Modi has himself complained in the past that
the Central government was sitting on many of the changes proposed by his
state," said Shourie. "Such changes to laws can be brought about in a
variety of issues and this will 'unfreeze' policy environment," he added.

In the past, Modi has accused the Centre of adopting a policy of "coercive
federalism" and pushing states to a subordinate position by monopolising
all powers of financial allocations, reducing even the constitutional
rights of states. Rajasthan's bid to reform labour laws will be a test case
for the Centre and will set the direction for all 29 states which plan to
bring about progressive changes to issues that are part of the concurrent
list.

When asked if having the same political party at the Centre would help
Rajasthan in obtaining the President's assent, Mehrishi said, "The Central
government is equally keen to create jobs. All industry associations have
been saying for decades that labour law changes are a must for creating
more employment opportunities."





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