[India] Industry calling for labour law amnesty scheme for criminal cases

Citing the obstacle of archaic laws, representatives of industry in India’s Punjab state have requested Chief Minister Bhagwant Mann to introduce an amnesty scheme so that criminal cases can be withdrawn against employers under various labour laws, The Tribune reports.

The laws in question include the Factories Act 1948, the scheme introduced by the Centre for the Employee State Insurance Corporation (ESIC) and Employees Provident Fund (EPF).

There are reportedly more than 500 cases pending against industrialists in different trial courts.

The industry sector is of the view that since the new Labour Codes are going to be implemented soon with clauses removing penalties for minor violations, the amnesty scheme should be introduced.

“There are innumerable criminal cases against the factory occupiers under various labour laws, including the Factories Act, 1948. About 500 criminal cases are still pending in various courts of the state. Industrialists have been named as accused in the criminal cases and have to appear on every hearing before the Judicial Magistrates,” advocate Puneet Gupta said.

According to Puneet, factory owners should not be subjected to criminal trials for unintended violations. Imprisonment for an unintended violation is too severe a consequence for violations that do not involve mala fide intent. Instead, a compounding of offences provision might be a suitable way to settle the cases, Puneet said.

“Since the new Labour Codes are going to be implemented soon, we have requested the state government that the factory owners should be given a one-time opportunity to come clean and seamlessly shift from the old laws to the new labour codes by focusing more on implementing the new labour codes,” Amit Thapar - chairman CII Punjab State Council - said.

Industry takes the view that factory owners might be given an ‘improvement notice’ by the inspector to amend mistakes and improve the situation or default that the assessing officer had noticed.

The CII team handed over the amnesty and out-of-court settlement scheme request to Labour Secretary Manvesh Singh Sidhu and Labour Commissioner TPS Phoolka.

Industrialists reportedly believe that, if implemented, the change would bring significant relief to the industry and help highlight Punjab as a more attractive investment destination.

Source: The Tribune

(Quotes via original reporting)

Citing the obstacle of archaic laws, representatives of industry in India’s Punjab state have requested Chief Minister Bhagwant Mann to introduce an amnesty scheme so that criminal cases can be withdrawn against employers under various labour laws, The Tribune reports.

The laws in question include the Factories Act 1948, the scheme introduced by the Centre for the Employee State Insurance Corporation (ESIC) and Employees Provident Fund (EPF).

There are reportedly more than 500 cases pending against industrialists in different trial courts.

The industry sector is of the view that since the new Labour Codes are going to be implemented soon with clauses removing penalties for minor violations, the amnesty scheme should be introduced.

“There are innumerable criminal cases against the factory occupiers under various labour laws, including the Factories Act, 1948. About 500 criminal cases are still pending in various courts of the state. Industrialists have been named as accused in the criminal cases and have to appear on every hearing before the Judicial Magistrates,” advocate Puneet Gupta said.

According to Puneet, factory owners should not be subjected to criminal trials for unintended violations. Imprisonment for an unintended violation is too severe a consequence for violations that do not involve mala fide intent. Instead, a compounding of offences provision might be a suitable way to settle the cases, Puneet said.

“Since the new Labour Codes are going to be implemented soon, we have requested the state government that the factory owners should be given a one-time opportunity to come clean and seamlessly shift from the old laws to the new labour codes by focusing more on implementing the new labour codes,” Amit Thapar - chairman CII Punjab State Council - said.

Industry takes the view that factory owners might be given an ‘improvement notice’ by the inspector to amend mistakes and improve the situation or default that the assessing officer had noticed.

The CII team handed over the amnesty and out-of-court settlement scheme request to Labour Secretary Manvesh Singh Sidhu and Labour Commissioner TPS Phoolka.

Industrialists reportedly believe that, if implemented, the change would bring significant relief to the industry and help highlight Punjab as a more attractive investment destination.

Source: The Tribune

(Quotes via original reporting)