How Should India Reform Its Labour Laws

Topics: Law, Labour market flexibility, Labour law Pages: 8 (8260 words) Published: July 2, 2015
SPECIAL ARTICLE

How Should India Reform Its Labour Laws?
Simon Deakin, Antara Haldar

This paper examines the current policy debate around
the reform of labour laws in India, which has been
stimulated in part by the success of the “Gujarat model
of economic development.” Gujarat’s deregulatory
reforms have included changes to the legal regime
governing employment terminations, which could form
a basis for a change in national-level labour laws.
Evidence linking labour law deregulation to growth,
however, is weak, whether the focus is on India or the
experience of other countries. Building labour market
institutions is a long-term process which requires
investment in state capacity for the management of risks
associated with the transition to a formal economy.

The authors are grateful to an anonymous referee for comments on an earlier version of this paper.
Simon Deakin (s.deakin@cbr.cam.ac.uk) and Antara Haldar (ah447@cam. ac.uk) are at the University of Cambridge.

48

1 Introduction

L

abour law reform has come on the political agenda in
India, particularly in the wake of the elections in May 2014 of the Narendra Modi-led government at the centre.
India’s labour laws are decades old and are said to suffer from rigidities which are holding back economic development.
Worker-protective labour laws, it is argued, are deterring investment and stalling the growth of formal employment. India’s labour laws are set at an inappropriately high level for a developing economy, which would otherwise be in a position to use low-cost labour as a source of comparative advantage. The

strict regulation of employment terminations (“retrenchments”) in Part V B of the Industrial Disputes Act (IDA) 1947 (as
amended in 1976) has been a particular focus of criticism.
Critics of this law argue that as it targets larger plants and enterprises for regulation, it discourages the growth of firms, and contributes to labour informality.
Viewed in a comparative perspective, India’s recent focus
on labour law reform is not unique: other middle-income
countries have been having similar debates about the form
and content of labour regulation. While these debates sometimes lead to deregulation, there is no worldwide trend towards the weakening of worker-protective labour laws
(Adams and Deakin 2015). Although the discourse of the
World Bank and other international financial institutions
remains focused on the need for flexibility in labour markets, there is an emerging view at the country level that labour
flexibility is not a sufficient condition for economic development, and perhaps not even a necessary one. Instead the focus is increasingly on how to build institutions for managing labour market risks in the transition to a formal economy (Marshall and Fenwick 2015).

In this paper we seek to locate the debate over the future of labour law in India in the context of global trends, as seen through the lens of recent theoretical and empirical contributions to the study of labour regulation, and in relation to India’s own experiments in regulatory reform, in particular the

“Gujarat model.” Section 2 outlines the movement of labour market theory away from equilibrium-based models, with their emphasis on labour law as a distortion of competition, towards an evolutionary understanding of labour market institutions, which takes a more nuanced view of their efficiency effects. Section 3 reviews empirical evidence on the operation of

labour law systems, including India’s. Section 4 looks at the Gujarat model and its combination of labour law deregulation, financial incentives for business and infrastructural investment. Section 5 contains the conclusions.

march 21, 2015

vol l no 12

EPW

Economic & Political Weekly

SPECIAL ARTICLE

2 Developments in the Theory of Labour Regulation
Beginning in the 1980s and gathering strength during the
years of the “Washington Consensus”, the economic critique of...

References: Acharya, V, R Baghai-Wadji and K Subramanian
(2014): “Labor Laws and Innovation,” Journal
Adams, Z and S Deakin (2015): “Quantitative Labour
Law” in A Blackham and A Ludlow (eds), New
Ahsan, A and C Pagés (2009): “Are All Labor Regulations Equal? Evidence from Indian Manufacturing,” Journal of Comparative Economics, 37:
62–75.
Arrow, K and F Hahn (1971): General Competitive
Analysis, New York: Houghton Mifflin.
Becker, G (1976): The Economic Approach to Human
Behaviour, Chicago: University of Chicago Press.
Besley, T and R Burgess (2004): “Can Labour Regulation Hinder Economic Performance? Evidence
from India,” Quarterly Journal of Economics,
Bhattacharjea, A (2006): “Labour Market Performance and Industrial Performance in India,”
Indian Journal of Labour Economics, 49: 211–32.
— (2009): “The Effects of Employment Protection
Legislation on Indian Manufacturing,” Economic
Berkowitz, D, K Pistor and J-F Richards (2003a):
“The Transplant Effect,” American Journal of
— (2003b): “Economic Development, Legality and
the Transplant Effect,” European Economic Review, 47: 165–95.
Bhagwati, J and A Pangariya (2012): India’s Tryst
with Destiny: Debunking Myths That Undermine Progress and Addressing New Challenges,
Botero, J, S Djankov, R La Porta, F Lopez-deSilanes and A Shleifer (2004): “The Regulation of Labor,” Quarterly Journal of Economics,
119: 1340–82.
Chen, D and S Deakin (2015): “On Heaven’s Lathe:
State, Rule of Law, and Economic Development,”
Coase, R H (1988): The Firm, the Market and the
Law, Chicago: University of Chicago Press.
Collins, H (1995): Justice in Dismissal, Oxford:
Oxford University Press.
D’Souza, E (2010): “The Employment Effects of
Labour Legislation in India: A Critical Survey,”
Dutta Roy, S (2004): “Employment Dynamics in
Indian Industry: Adjustment Lags and the Impact of Job Security Regulations,” Journal of
De Soto, H (2000): The Mystery of Capital, New
York: Basic Books.
march 21, 2015
claim following dismissal is unlikely to encourage investment
Deakin, S, P Lele and M Siems (2007): “The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes,” International Labour
Review, 146, 133–62.
— (2007): “Shareholder Protection: A Leximetric
Approach,” Journal of Corporate Law Studies, 7,
Deakin, S and P Sarkar (2008): “Assessing the
Long-run Economic Impact of Labour Law
— (2011): “Indian Labour Law and Its Impact on
Unemployment, 1973-2006: A Leximetric Study,”
Deakin, S, P Sarkar and A Singh (2012): “An End to
Consensus? The Selective Impact of Corporate
Deakin, S, C Fenwick and P Sarkar (2014): “Labour
Law and Inclusive Development: The Economic
Deakin, S, J Malmberg and P Sarkar (2014): “Do
Labour Laws Increase Equality at the Expense
of Higher Unemployment? The Experience of
Six OECD Countries, 1970-2010,” forthcoming,
Deakin, S and A Supiot, eds (2009): Capacitas:
Contract Law and the Institutional Foundations
Deakin, S and F Wilkinson (2005): The Law of the
Labour Market: Industrialization, Employment,
Dreze, J and A Sen (2013): An Uncertain Glory:
India and Its Contradictions, Princeton: Princeton University Press.
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