Reforms – The Law Blog

Wage Code Bill in Lok Sabha

November 12, 2017Posted in Bills, Indian Law, Labour lawTagged Labor law, ReformsLeave a comment

The Government, in the view of labour law reforms, had rationalized 38 Labour Acts into 4 labour codes i.e. Code on Wages, Code on occupational safety, health and working conditions, Code on Industrial Relations, and Code on Social Security.

The Government on 10^th August 2017 introduced ‘The Code on Wages’ in Lok Sabha which seeks to absorb four existing labour laws, namely, the Payment of Wages Act, 1936 Minimum Wages Act, 1948; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976. This Code of Wages will dissolve all the four prior Acts. The enactment of Code of Wages Bill will erase the complicated and multiple definitions leading to a better compliance, wage security and social security of the workers.

The gamut of the Minimum Wages Act and the Payment of Wages Act is quite reserved, catering only to Scheduled employments/establishments. This clearly shows the advantage of the Code of Wages Bill which provides for timely payment of wages irrespective to one and all and thus, covering each individual in every sector of employment without any wage ceiling.

With the enforcement of the concept of a National Minimum Wage, no state will be allowed to fix minimum wages below the National Minimum Age for that particular area which has been notified by the Central Government. This provision will assure a basic standard of living for the employees.

The proposal of paying wages through cheques or any electronic modes will not only foster digitalization but also provide to the employee a kind of social and wage security. The provision of an Appellate Authority to be made between the Judicial Forum and the Claim Authority to lead to an efficient, feasible and faster path to grievance redressal of the employees.

Also, there are penalties for the various types of violations of the Code which will be subject to the intensity and the frequency of violations by the offender.

Recently, it had been reported that the National Minimum Wage has been fixed to Rs. 18000 per month by the Central Government. The Government denying all reports clarified that it had not fixed any wage as the National Minimum Wage and thus trashing the reports as baseless. Instead, the minimum wage would be different according to the geographical location of the area, the intensity of work done, and depending on the skills required.

According to Clause 9(3) of the Code of Wages Bill, the Central Government before setting up a National Minimum Wage is supposed to take advice from the Advisory Board which would consist of employees and employers from various sectors of employment. This means that the framework provides for a consultive mechanism for the determination of a National Minimum Wage.

Also, some reports claim that the methodology for the calculation of the National Minimum Wage has been revised increasing the units from three to six. But such provision was solely the demand of the Trade Unions in the previous meeting of the Central Advisory Board on Minimum Wages which has not been incorporated in the Code of Wages Bill. Through the bill has been criticized for being introduced with a short notice, it seems to pave a path to generate greater employment and entrepreneurship.

ABOUT THE AUTHOR

ASHISH KUMAR YADAV

Ashish is an undergraduate student at Cluster Innovation Centre, University of Delhi. The institution has a Meta College concept and focuses on an interdisciplinary approach. He is the co-founder of two non-profit ventures, one of which deals with education and the other in enhancing scientific communication among the masses. He has done three research projects at Cluster Innovation Centre the first aimed to create a prototype of full-fledged Hindi dictionary and another on the Study of a community’s cultural tradition (Banjara community). The third project was Hafta bazaar aimed to digitalize and study the various weekly markets in Delhi. He is quite ardent in the field of economics and journalism and is intrigued by topics from digital marketing to management, which are reflected in his undergraduate studies. He was also a part of a report published on education.

Why Can’t We?: A talk on ‘reform’

June 29, 2017June 29, 2017Posted in Social IssuesTagged Change, ReformsLeave a comment

Every time I fail to understand the whole logic behind everyone’s statement that “In our Country, the law is not strict.” Why should we need a strict law, when the current law is way more than enough to accommodate all the issues in our society?

After all, why should we change the law, when you can’t even follow ‘your liberal laws’ (that’s something which you claim)? Is that law which is to be changed according to the wish of each and every individual?

Why can’t we, the social animals think of a change ourselves? Why can’t we change our mindset? Why can’t we respect each other’s gender, freedom, equality, feelings, priorities, more importantly, life!!

Is law something necessary for you to regulate yourself? Even if we change the law, won’t the same you come up with another argument of ‘human rights violation’?? Won’t the same you tell everyone that the law is not for the welfare of the people, but for the destruction of the people!! When your development dream is the USA and it stands in the third place for Rape Rate, which law you are referring to follow the change? If you are referring to the law of those nations, which has “eye for an eye” law, and fails to understand the feelings of people and restrict women from their fundamental freedom even in this 21st century, again which law you are referring to!!

When you can’t respect the existing law, what more you are longing to? Why can’t you change your mind rather than compelling a Nation to change its law into the law of evil! Why can’t we start the change from our family? If the reason for the crimes against women is the lack of sex education, why can’t the parents provide their children with the same than waiting for someone else to give them the necessary knowledge about these aspects! If the crimes against the state are due to the lack of education, then why can’t the parents provide them basic education, when you are in a Country, which has a government providing free education for the children below the age of 14!!

Still, you are blaming the law! Then I swear it’s not the law to be changed. It’s you, whom should be changed.If you are willing to follow all the laws, when you are in a foreign country, then why can’t you follow the laws of your own Nation? Or is that you can follow the rules only if you are a secondary citizen! Think and rethink. It’s not the law which can bring a change which you are dreaming of. It’s you and only you who can bring that change.

ABOUT THE AUTHOR

AISHWARYA HIMANSHU SINGH

Aishwarya Himanshu Singh is a final year law student. An aspiring researcher who has a deep love for writing. With her first publication at the age of 13, she believes a pen is mightier than the sword. Having authored more than 50 papers she is all set for the ‘writing for a change’ programme.

Legal Education in India: From ‘what is’ to ‘what could be’

June 22, 2017June 22, 2017Posted in Law school, Legal educationTagged Legal education, ReformsLeave a comment

Right from the beginning, when a student frames his mind to take up the legal profession, then and there, he is made aware of the tedious route. From entrance test battle to decoding the ambiguity over placements, this route of legal profession never stops to offer surprises. Five-year academic or three-year academic, as the case may be, is considered to be the most crucial phase of this legal journey.

Indeed! Many novice law students consider B.A.LLB (5year) or LLB (3year) programme as a surety to mould them into legal luminaries. Well, their illusions disappear as soon as they encounter the over-academic syllabi of Bar Council of India. It comprises of twenty-eight subjects in total including eighteen compulsory, four clinical and six optional subjects.

No doubt, students celebrate its completion after receiving their degrees in the grand event of convocation. Though, end results of this academic journey do not seem to be satisfactory. The time they enter the real world of the legal profession, things become clearer to them. In order to learn the fundamentals of their respective trade, they are commanded to unlearn some of their irrelevant academic learning. Someone has rightly said that we learn to unlearn and the system of legal education in India has beautifully applied the said adage.

To cover these loopholes, students are inclining themselves towards internships more than ever. Some get landed to right destination and get a little taste of trade while others who don’t hit their target in first go also learn some precious trade rules directly or indirectly. The idea is simple. During thirty hour mandatory lectures per week as prescribed by BCI, students are indeed motivated to learn more and more. In these enclosed classrooms, they just learn but it is only outside the classroom where they can apply their learning before it gets swept away.

Hence, classroom learning and outside training shall go hand in hand for an effective legal education system. Research papers, seminars, moot courts are also the effective tools of learning and boost the confidence of students. In the present context, ‘law’ has become a popular area of study. More and more students are being attracted towards it due to several reasons. It goes without any doubt that law is a unique area with tremendous potential and has so much to offer to the society.

With each passing year, we witness the establishment of new law colleges and encounter an army of law graduates with a degree in hands and high hope of future. Does it suffice? The answer is an absolute NO. In order to guarantee a flourishing career, one’s legal background still matters in India, placements advantages are primarily offered to those from top notch law institutes. After facing the battle of law entrance and going through the academic training, only twenty to thirty percent of law graduates are found to be fit for the trade. This clearly proves that in the era of globalisation and specialisation, our very own system of legal education is failing us. In order to serve the real purpose, with up gradation of infrastructure, all we require is up gradation of legal education.

ABOUT THE AUTHOR

DEEPIKA SANGWAN

Deepika Sangwan is a second-year student at Army Institute of Law, Mohali. She is an Editor at college magazine ‘AILITE 2016-2017’. She believes that writing gives clarity & depth to one’s thoughts. Apart from decorating facts with reasoning, cycling is her favourite pass time.