WHO REGULATES 'OUTSOURCED' WORKPLACE?: M G Warrier
Who regulates the
‘outsourced’ workplace?
M G Warrier
In December 2016, I concluded a brief
response to a media report on currency management, post-demonetization, with
the following observations:
“One possible reason for the chaotic
position is outsourcing of work by banks in piece-meal to agencies which have
no moral allegiance to the institutions which hire them. We need to invent new
strategies to build up reliable relationships between masters and servants, in
the modern era of hiring and firing at higher levels and contract/bonded labour
at lower levels”.
A response to my above
observation read like this:
“As rightly said, the
decentralization and outsourcing have created a hell of problems to customers. Sometimes
even simple things like request for nomination in FDs is routed through some outsourcing
agent. Though we fill up details of nomination in the same application, it is
not recorded in FDs and a separate letter quoting the FD regarding nomination is received from some other outside
agency by separate post. If we miss the
post, there is no proof for our having made a nomination. Instances are many. This
is simply outsourcing without entrusting responsibility and commitment”.
In a recent issue of a reputed
finance magazine from Kerala, I happened to read an open letter addressed to
Chief Minister of Kerala, Shri Pinarayi Vijayan by one Shri Thomas Mathew of
Alappuzha regarding Nokkukooli , an alleged
practice under the aegis of militant
trade unionism. In the case quoted by the writer, an establishment in Alappuzha
receives and dispatches truckloads of parcels during nights and to ensure safe
handling uses own workers for loading/unloading goods. The local INTUC and CITU
leaders approach the establishment on first of every month and allegedly receive cheques for Rs
5000 each against signed receipts as “Nokkukooli”
Those opposed to leftist ideology and are envious of the
progress made by Kerala, thanks to several reasons including the interest shown
by our ancestors in improving literacy and distributive justice which was taken
forward by progressive political movements including Communist Party, carry two
weapons to disgrace Kerala. One, the inter-group rivalry which result in frequent
avoidable violence and two, militant labour movement which supports stoppage of
work or extract disproportionate remunerations for work done and for ‘work
denied’ (as in the case of Nokkukooli alleged by Shri Thomas
Mathew in the letter mentioned above).
Here are some thoughts that came to
my mind, which, I feel, if further researched and developed, may help policy
makers handle the criticism about wages better.
In India, legally taxes can be
collected by government only through its various arms. Other than taxes,
citizens need to pay for purchases they make and services they avail. A third
payment citizens voluntarily make is donations for purposes they consider
worthy of promoting, like charity, sports, festivals etc.
But outflow from the citizen’s pocket
doesn’t stop with these payments. Money is necessary for the following purposes
and has to come necessarily from people:
(a) Political
parties need funds for running the affairs of the parties and
fighting elections.
(b) Unemployed
need money for livelihood.
(c) Many
who are employed consider themselves under-paid and sometimes try to make good
the difference by collecting some ‘non-government taxes’ from wherever they
can.
While political parties are able to
collect funds from their ‘clientele’ (those who will benefit from their
policies, whether in government or in opposition), collection of funds by (b)
and (c) category above attract criticism.
Nokkukooli, is the fine people pay when they
deny work to the local workers. Workers have no legal right to enforce such
payments and therefore they collect money by using muscle power. Here,
government need to intervene. Local workers’ right to get employment with
reasonable compensation and job security should be protected. When, for
skill-related or for any other ‘comfort’ reasons, employers opt to import
labour, they may have to compensate for
displacement of job opportunities on terms acceptable to government.
There is another angle, which is
being ignored. While so much of criticism is being faced in regard to Nokkukooli
in Kerala, there are other kinds
of forced collections in Kerala and elsewhere. Take the case of unauthorized
markets including vegetable/fish markets on footpaths or other open spaces.
Those who do business in such places are liable to pay a huge portion of their
daily earnings to ‘unknown’ collectors. The solution lies in having more
regulated markets and slowly removing the middlemen.
One is aware that several initiatives
are in progress to improve the situation, in several parts of the country. But
the measures are half-hearted and face several hurdles caused mostly by vested
interests. Here, the role of government to intervene and regulate ‘outsourcing
of work’ keeping in view the interests of employers and workers from economic
development angle and need for ensuring reasonable remuneration from social
security perspective becomes significant.
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