Lok Sabha Question No. 4251 (UNSTARRED), answered on 2021-03-22
Subject: Labour Codes
Ministry: LABOUR AND EMPLOYMENT
Asked by: Narayana Swamy Abbaiah, Raghu Ramakrishna Raju Kanumuru

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 4251 TO BE ANSWERED ON 22.03.2021

## LABOUR CODES

4251. SHRI A. NARAYANA SWAMY:

SHRI KANUMURU RAGHU RAMA KRISHNA RAJU:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether  it  is  true  that  India,  while  formulating  the  four  Labour Codes, has failed to comply with International Labour Organisation (ILO)'s Convention-144;
- (b)whether India will have to face a consequence, like condemnation or penalty and if so, the details thereof;
- (c)the  steps  taken/being  taken  by  the  Government  to  do  to  mitigate the issue;
- (d)the procedure to ensure that the Centre and States will comply with the to-be finalised Labour Code;
- (e)whether the Ministry has recently convened a consultation meeting to discuss on the draft rules for labour codes and if so, the details thereof; and
- (f)whether the Government  has  issued any guidelines/norms for payment of gratuity and if so, the details thereof?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a) to (d): India, being a founding member of the International Labour Organisation (ILO) has deep respect for its principles and objectives. The  Government  of  India  has  always  upheld  the  basic  tenets  of tripartism.  ILO has not commented  about  India's lack of   compliance

with ILO Convention -144 on Tripartite Consultations in implementing the four Labour Codes. The four Codes, namely, the Code on Wages, 2019,  the  Industrial  Relations  Code,  2020,  the  Occupational  Safety, Health  and  Working  Conditions  Code,  2020  and  the  Code  on  Social Security, 2020 have been notified in Gazette of India. Prior to that the Government  had  done  extensive  consultations  inviting  all  Central Trade  Unions,  Employers'  Associations  and  State  Governments.  The Government  had  undertaken  nine  tripartite  consultations  on  all  the 14.07.2015, 05.11.2019 inviting  all  Central  Trade  Unions,  Employers'  Associations  and  State Governments.  All  these  Codes  were  also  placed  on  the  website  for four Codes on 10.03.2015, 13.04.2015, 06.05.2015, 06.10.2015, 04.10.2017, 22.11.2018, 27.11.2018 and inviting comments from all stakeholders including general public.

Further,  all  the  Codes  were  referred  to  the  Parliamentary Standing  Committee  on  Labour  for  examination.  The  Parliamentary Standing Committee on Labour, in the process of examination of the Codes, had invited the views/suggestions from Trade Unions/ Organizations/Individuals/Stakeholders and also took oral evidence of the representatives of Central Trade Unions and various other Associations/Organisations/Stakeholders. The reports of the Committee were taken into account before these Labour Codes were considered and passed by the Parliament.

- (e): As a step towards implementation of four Labour Codes and to  discuss  the  draft  Rules  on  four  labour  Codes,  tripartite  meetings inviting  representatives  of  all  Central  Trade  Unions  and  Employers Associations  were  convened  through  Video  Conferencing  on  24th December, 2020 and 12th January, 2021.  Third tripartite meeting was held on 20th January, 2021 in physical mode.
- (f): No,  Sir.    However,  the  Industrial  Relations  Code,  2020 reduces  the  requirement  of  minimum  continuous  service  in  case  of fixed term employees from five years to one year.

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