The Tamil Nadu state assembly recently passed an irrational amendment to the Factories Act, 1948, which will allow factories to extend daily working hours to 12 hours per day. The bill was tabled by Minister for Labour Welfare and Skill Development today and has been amended to provide appropriate wages to the workers as per the hours worked. With the latest amendment on Friday, the government introduced a new provision — Section 65 A in the existing Factories Act.
The new provision states: “Notwithstanding anything contained in section 64 or section 65, the State Government may, by notification in the Official Gazette exempt, subject to such conditions and restrictions, if any, and for such period or periods as may be specified in the notification, any factory or group or class or description of factories, from any or all of the provisions of sections 51 (weekly hours), 52 (weekly holidays), 54 (daily working hours), 55 (period of work or intervals for rest), 56 (spread over or daily working hours including intervals shouldn’t be spread over more than 10.5 hours) and 59 (wages for working overtime) of this Act or the rules made thereunder.”
This amendment is a clear violation of the principles laid down by Dr. B.R. Ambedkar, who advocated for the reduction of working hours to 8 hours per day and suggested that the government should establish a minimum wage for workers in the Industrial Labour Conference, which was held in 1945 to discuss labour issues in India. As a result of Ambedkar's advocacy, the Indian Factories Act of 1948 was amended to reduce the maximum working hours to 48 hours per week, or 8 hours per day. This law applied to all factories in India and was a significant milestone in the history of labour rights in the country.
The Factories Act, 1948, was created to protect the rights of workers and to ensure that they are not exploited by factory owners. However, the recent amendment passed by the Tamil Nadu State Assembly undermines these fundamental principles and puts the interests of corporations above those of workers.
The amendment to the Factories Act provides appropriate wages to the workers as per the hours worked. However, the extension of the daily working hours to 12 hours per day is a clear violation of the basic principles of human rights and workers' rights. It is unacceptable to force workers to work longer hours without any consideration for their well-being or safety.
The amendment is a setback for labour rights in Tamil Nadu, as it allows factories to increase working hours without adequate compensation or protection for workers. This will lead to the exploitation of workers and compromise their health and safety. Furthermore, the new provision allows the state government to exempt factories from weekly holidays and other provisions related to working hours and wages, which undermines the hard-fought gains of the labour movement in India. The provision also sets a dangerous precedent for other states to follow suit and dilute labour laws in the name of economic growth.
The Tamil Nadu government justifying the amendment by citing the need to boost production and attract investments in the state is flawed, as it fails to recognize the role of workers in the economy and the need to protect their rights and dignity. Furthermore, the government's argument that the extension of working hours will lead to increased production and investment is irrational and illogical. Studies have shown that longer working hours lead to decreased productivity and increased health problems among workers. In the long run, this will have a negative impact on both the workers and the corporations.
I strongly oppose the recent amendment passed by the Tamil Nadu State Assembly. The extension of daily working hours to 12 hours per day is a clear violation of workers' rights. It is time for the government to prioritize the interests of workers over those of corporations and to ensure that they are protected and their rights are upheld.
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