A Critique On The Exploitations Of Labor Law In It Sector In Karnataka Through Exemption By Way Of Delegated Legislations
- IJLLR Journal
- Oct 19
- 2 min read
Prajjal Kumar Dam & Amitava Mondal, The West Bengal National University of Juridical Sciences (NUJS)
ABSTRACT
In this paper the authors try to examine the legal implications of the Karnataka governments’ decision to extend the exemptions to IT, ITeS, business process outsourcing, and knowledge process outsourcing firms from Industrial Employment (Standing Order) Act, 1946. The Karnataka government had provided this exemption on January 25, 2014 which was further extended for another five years on May 25, 2019. This exemption which was to expire in 2024 was further extended by the government by a circular on 10th of June for five years up till 2029.
The exemptions provided has not been granted unanimously, there has been several conditions attached to it, including the formation of Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, setting up of grievance redressal committee with equal representation of both employer and employees. But the question arises that when the basis of labour law has been to safeguard the interests and demand of the labourers, how effective can these conditions be to protect the interest of the labourers when the IT industry itself is exempted from labour laws of the state by way of delegated legislations.
The governments’ move to extend the exemption of labour laws to the IT sector undermines the integrity of the Indian labour laws. The authors propose that there should be a limit by way of delegated legislation to prevent the misuse of never-ending exemptions provided by the government. The exemption is a blow to the labour laws because even with the protections of certain conditions that the government has provided, they are ultimately ineffective in implementation. This has become a serious issue considering that in India, workers are exploited to overwork even in the fields where labour laws are not exempted. This step by the Karnataka government is an implication that the labour laws in India are stuck to the period of slavery where capitalist mindset overlooks the conditions of workers.
The key aspect of this paper is the use of delegated legislation by the legislature. The authors in this paper would answer that while delegated legislations in labour laws were intended to make laws flexible and adaptable, in this instance, the delegated legislations under labour law have facilitated the long-standing dilution of labour rights in the guise of promoting industry.
