Boostrapping : Improving resolution of civil disputes
Proposed administrative procedure - CIVIL.07
- Proposed solution
- Draft of the act to enact code for the propoal
Existing labor laws make it nearly impossible for an industrialist to expel his labor. IMO, this MUST change. I support the hire-fire policies. But I DO NOT want to join the rightist-intellectuals' cabal on this issue.
The so called rightist intellectuals insist that owners of businesses MUST have powers to expel the labor at will i.e. so called "hire/fire" laws should enacted in India. But at the same time, they are hostile to the proposals that citizens should have "hire/fire" type procedures to elect/expel MLAs, MPs, Mayor, CM, PM, district police chiefs, govt prosecutors, district judges, high court judges, district education officers etc. IOW, the rightists support hire-fire for ordinary labor, which (rightly) improves position of wealthy individuals wrt commons, they are hostile to proposals like recall of MLAs, Ministers, judges etc ; the proposals that rightly improve negotiating positions of commons against wealthy individuals.
The rightists intellectuals have crafted several arguments to hide their hostility against recall proposals. First, they say that hire/fire of labor is economic issue while hire/fire of police chiefs, judges etc is political/administrative issue. This is non-sense. There is no demarkation line between what is economic issue and what is not. The lack of hire-fire laws for police chiefs, judges etc are causing as much as economic damage as lack of hire-fire laws in industries. BOTH are issues that effect our economy. Also, who made this law that ONLY economic issues should be addressed and NOT political issues? Second, they say that issue of hire/fire of police chiefs, judges etc should addressed "later" but issue of hire/fire of labor should addressed first. Why this later and other fisrt? BOTH issues IMO should be addressed at the same time. Just as a companies' shareholders hire a laborer or a manager or a director for certain task, a citizens of the society hire police chief or a judge for a certain tasks. There is NO reason why hire/fire laws of related with one position be more important than other.
To summarize, I support hire/fire laws in labor areas, but I do NOT want to share company of worthy rightist economists of India, who are hostile to hire/fire=recall of judges, district police chiefs etc.
Using LM.01-03, the citizens need to pass a law that would
- create parameterized tempaltes for labor-employer contracts -- the labor/employer can choose of the templates and keep the values of parameters they mutually agree. Or laborer/employer may have their own contracts
- the employer can fire the labor based on the contract, and he will need to pay the compensation based on that contract.
- In addition, the law should have clauses that force the employer to provide a safe enviornment, and ensure that employer is fined in case work related hazards damage a labor
- The law should also detail a Jury-based system to resolve the disputes.
Draft of enact the proposed proposal
I have NOT been able to finish the draft of CIVIL.08 so far. The issue of writing draft is a minor one. The problem is passing the draft in the Parliament.
As again, the citizens can ask MPs to pass this draft. But IMO, it will be wiser for citizens to first enact procedure LM.03, and then use LM.03 to pass this act WITHOUT any help from MPs. To know about procedure LM.03, please click here.
If you have any other question, please mail it to MehtaRahulC@yahoo.com. Thousand thanks in advance.