Kerala To Not Implement New Labour Codes

Kerala Labour Minister V. Sivankutty has categorically stated that the state will not implement the Central Government’s recently notified four Labour Codes, maintaining a firm stance against the sweeping federal reforms that critics argue are fundamentally “anti-worker.”

The announcement, made on Thursday following a meeting with central trade union representatives, positions Kerala in direct opposition to the majority of states that have already taken steps toward adopting the new framework.

Rejection of Central Mandate

Minister Sivankutty confirmed that the state has officially communicated its position to the Union Labour Ministry.

He refuted claims that the state was succumbing to central pressure after notifying draft regulations related to the codes in 2021.

“If we were succumbing to central government pressure, we would have given a letter accepting the codes. We have not done that,” Sivankutty asserted.

He clarified that the 2021 draft was prepared openly to seek public opinion, but all subsequent procedures were halted three years ago following strong opposition from trade unions and legal experts.

This lack of follow-up action, he stressed, demonstrates Kerala’s consistent and resolute commitment to protecting workers’ rights.

Why Kerala Objects Labour Codes: The Core Conflict

The ruling Communist Party of India (Marxist)—CPI(M)—has been vocal in its opposition, arguing that the four codes—which consolidate 29 existing labour laws—seek to dismantle long-established rights and entitlements.

The party contends that the reforms disproportionately favor employers and capital by diluting crucial worker protections.

Key concerns raised by the state government and trade unions include provisions that:

1. Ease Retrenchment Rules: Making it simpler for companies to hire and fire employees.
2. Weaken Collective Bargaining: Restricting the right to strike and weakening the power of trade unions.
3. Allow Longer Work Hours: Introducing flexibility that may lead to extended working days.
4. Fixed-Term Employment: While formalizing fixed-term contracts, critics fear this could dilute job security.

Sivankutty reiterated that the government would not take any stand that compromises the welfare of workers, describing the central legislation as being unilaterally imposed without adequate consultation with stakeholders.

Future Strategy and National Conclave

In a show of defiance and a bid to build a broader front against the codes, the Kerala government has decided to take proactive steps.

Firstly, an email will be sent to the Centre formally requesting the withdrawal of the implementation of the codes.

Secondly, the state will host a National Labour Conclave in Thiruvananthapuram on December 19.

This one-day event aims to bring together around 100 delegates.

Attendees will include central trade union leaders, legal experts, and Labour Ministers from non-BJP-ruled states.

The conclave will serve as a platform to collectively analyze the impact of the codes.

It will also explore the constitutional scope for states to draft separate, protective state-specific labour laws, considering that labour is a concurrent subject.

The Minister himself will personally present the state’s objection to the Union Ministry after the conclave.

Furthermore, Sivankutty warned against any punitive action against workers who participated in recent nationwide protests against the codes.

He affirmed that the Left government would not permit any attempt to intimidate or suppress workers’ collective action within the state.

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