THE government鈥檚 approval of major amendments to the labour law is a welcome step towards addressing gaps and improving industrial relations. 聽The amendments approved by the council of advisers on October 23 include enhanced maternity benefits, simplification of the trade union formation process and positive provisions to prevent harassment and violence against workers. The changes, as the law adviser says, are made in accordance with a number of international legal instruments to address the concern of the European Union and the United States. In the past, efforts to introduce mandatory provident funds or establish an accident compensation mechanism have repeatedly stalled because of the influence of trade bodies and the conflicting business interests of parliamentarians. Similarly, the complex and tedious process of enlisting a trade union in the industrial sector, particularly in the apparel sector, has been a concern of labour leaders. Another important amendment is the revision of the legal definition of 鈥榳orker,鈥� which brings the broader labour force under its scope. 聽Although the details of the amendments are not made public, the media report suggests a promising shift, contingent on effective enforcement.
Addressing the loopholes in the labour law is a foundational step forward. The amendment to the labour law alone, however, will not bring about the expected change in the labour sector. The inherent bias towards the factory owners and the failure to ensure a strict enforcement of laws is also a large part of the problem. The law requires that the government should ensure worker representation on the minimum wage board for the apparel sector but in reality, the labour leaders included are compromised and often allowed to sit in the negotiation because of their demonstrated loyalty to owners. Persistent corruption in the factory inspection and compliance process, evidenced in the continued operation of non-compliant factories such as Anwar Fashions, calls into question the government鈥檚 commitment to improving workplace safety. After the fire at Anwar Fashion, it was revealed that the factory had no fire exits, alarms or safety systems nor was it registered with any trade bodies and the chemical warehouse that ignited the inferno was already on the fire service鈥檚 list of illegal establishments. The government鈥檚 emphasis on framing the amendments as an effort to meet international standards is also concerning. While aligning with global labour standards is important to remain competitive on the international market, the ultimate priority should be the protection of worker鈥檚 life, not the market advantage.
The government should, therefore, ensure that the amendments to the labour ordinance do not remain on paper but are translated into action. In doing so, it should facilitate the process of the establishment of a mandatory compensation fund in the industrial sector and take action against non-compliant units.