Monday, December 7, 2015

WHAT SHOULD BE THE COMPENSATION FOR RETRENCHMENT?

Disobedient economy


There was a time long ago – in 2003/04 to be precise – when gross domestic product (GDP) grew 8.5 per cent.  What goes up generally comes down; the growth rate came down to 6.9 per cent the following year. That did not prevent the Bharatiya Janata Party (BJP) from claiming in last year’s election that India was shining. Not so, said the Congress: how could the economy be shining when farmers were committing suicide? It did not win the argument, but it won just enough votes to come to power. Ever since it did, the Prime Minister has ordained that the economy must grow at 7-8 per cent, and his more ebullient ministers had to rein themselves in.
All that self-restraint, all that modesty, all that caution was to no avail; the economy grew at 8.1 per cent in the second quarter of 2005. This time there is no one to take credit where none is due, to drum up sentiment, to crow and break into a victory dance; from the government emanates silence, embarrassed or otherwise. So it is for us to do the needful.
More remarkable than the torrid growth is its composition. The growth in 2003/04 rode on the back of agriculture, which had grown 9.6 per cent as production recovered after an unprecedented drought. Industry had grown slightly faster than in the previous year, services slightly slower; between the two, the secondary and tertiary sectors showed no particular dynamism. In other words, the high growth was a statistical phenomenon: it is a characteristic of annual growth rates that they rise and fall alternately. And it was fortuitous, insofar as monsoons are an act of capricious weather gods.
In the second quarter of 2005, on the other hand, the primary sectors did particularly badly: agriculture grew only 2 per cent, and mining only 3.2 per cent. Services did slightly better. It was manufacturing that stole the show, as its growth rate rose from 7.9 to 11.3 per cent. For the first time since the early 1990s, when the Prime Minister engineered the last boom, industry is showing serious, sustained growth. It may still be too early to shake off manufacturing pessimism, for we are still far behind China; but it is becoming more difficult to sustain despair, that we can never become a great manufacturing nation.
Still, it has been true through the NDA years, and it still continues to be true, that services are growing faster than industry. Since industrial consumption in India continues to be abysmally low, it is reasonable to assert that the inferior performance of manufacturing is due to man-made obstructions – to the administrative and fiscal hurdles to the setting up and running of industrial enterprises.
Of these there are many, relating to land, labour, capital and foreign trade. But if there is one area in which Chinese practices are unquestionably superior, it is in respect of labour legislation. Unfortunately, it is inconceivable that this government, propped up by the Left as it is, can make matters better. But it is extremely important that it should not make them worse.
In particular, its proposal to increase retrenchment compensation from 15 to 45 days for every year of service, and at the same time to raise the small industry ceiling from 100 to 300 workers, is ill conceived. In a country where industrial jobs are prized and those employed in industry constitute a labour aristocracy, it is unrealistic to expect the government to introduce hire-and-fire. But it would be a mistake to increase retrenchment compensation unless the government simultaneously removes all controls on retrenchment – in particular, the obligation to get permission of the State government in question, which is routinely refused. An industrial job is a jagir, and a worker can expect to get a price for it if he gives it up. But it should be a market price, voluntarily agreed between the worker and the employer; there should be no floor of 45 days’ wages to it. And as long as the two voluntarily agree, the government should not interfere in the agreement, which is of mutual benefit. At most it may insist that any agreement between the two should be reported to a state authority and that it should have a right to satisfy itself about the bona fides. Such a provision would be an advance on the present practice, studiously ignored by the government, wherein employers routinely declare a lockout and starve out workers until they submit.