The dilution of the Factories Act, 1948, to enhance daily maximum hours of work from nine to 12 hours and allow women in night shift among others by Karnataka government by amendments through The Factories (Karnataka Amendment) Bill, 2023, has now reached the International Labour Organisation (ILO) with All-India Trade Union Congress (AITUC) stating that the bill violated the ILO conventions and declarations to which India is a signatory.
The AITUC, which lodged a complaint, urged the ILO to make appropriate intervention to make the Government of India to act swiftly to impress upon Karnataka to revoke The Factories (Karnataka Amendment) Bill, 2023, currently awaiting presidential assent. India is one of the founding members of ILO. The amendments were primarily brought to help electronic manufacturing sector setting up factories in the State.
What it provides for
The amendment provides for increase in daily maximum hours of work from 9 to 12 hours not exceeding 48 hours per week, increased the hours of work of a worker without an interval from 5 hours to 6 hours, increased the permissible hours of overtime to 144 hours per quarter and allows women workers to work in the night shift (from 7 p.m. to 6 a.m.).
In T.N. too
A similar bill, The Factories (Tamil Nadu Amendment) Bill, 2023, was passed by the Tamil Nadu assembly, which has been criticised. The AITUC also pointed out that Uttar Pradesh, Maharashtra and Gujarat also have made amendments increasing the maximum limits of working hours and overtime hours. “The Indian Labour Conference, the apex level tripartite committee has not been convened to discuss and trade unions are left with no democratic space to raise the concerns of the workers,” said the complaint by the AITUC General Secretary Amarjeet Kaur.
These amendments are in violation of ILO Conventions C 144 – the Convention on tripartite consultations (International Labour Standards), 1978, that was ratified by India on June 27, 1978; C001- Hours of Work (Industry) Convention, 1919 that was ratified by India on 14, July 1921 and C004 – Night Work (Women) Convention 1919 that was ratified by India on July 14, 1921. India has also ratified Protocol to the Night Work (Women) Convention (Revised), 1948 and C 89 - Revised Convention on Night Work (Women), the AITUC pointed out, adding that ILO’s declaration of Fundamental Principles and Rights at Work is violated.
Earlier studies
The labour union pointed to previous WHO and ILO studies that have said long hours of work led to premature death of the workers besides hampering their social development. Citing the United States Department of Labour, it said working longer hours and overtime does not increase productivity. The complaint stated that longer working hours do not create jobs and compelling night work for women is not gender equality.
