Modiās four labour codes are not yet implemented all over the country but are being implemented through backdoor methods at central level and directly in BJP ruled states. But, unfortunately, anti-worker measures are being enforced in a state where an opposition party led government is in power, i.e., in Tamil Nadu. The recent massive struggle in a plant of Samsung India located at Sriperumpudur, Chennai is a case in point.
A union of workers of Samsung India called Samsung India Workers Union (SIWU), affiliated to CITU, had to resort to 37 days of strike demanding registration and recognition of the union. The registration of the union was kept in cold storage by the DMK led state government, by violating all norms of granting registration within 45 days of application. On the other hand, the multi-national company Samsung India refused to recognise the union enjoying the support of overwhelming majority of workers of the company. About 1,550 workers out of a total workforce of 1,723 were members of the union that went on strike from September 9th, 2024 to Oct 16th, 2024.
The workers strike went on for 37 days. The state government unleashed repressive measures against the workers struggling for their legal rights. Police denied permission to workersā peaceful protests. The tents made for the protest was dismantled overnight. Some worker leaders were arrested from their houses in the middle of the night to instil fear in the minds of workers and their families. Workers traveling by buses were asked to produce their ID card in order to threaten them. The humiliation and repression experienced by the workers were immeasurable.
The central trade union leaders were arrested for declaring a protest in solidarity with striking workers. Even the state secretaries of CPI and CPIM, the alliance partners of the ruling DMK, were arrested, along with the state secretary of CPIML Comrade Asaithambi for holding a protest in support of struggling Samsung workers.
The DMK led state government left no stone unturned to stall the protest in order to satisfy the management of the company, Samsung India.
The struggle and the subsequent developments have forced a fierce debate on some major issues confronting the trade union movement in the country. The company took a definite and categorical stand. In the first place, they did not allow any union formation in the company. Later, they amended their stand and said that the company will not allow any āoutsiderā as a leader of the union. They pretended as if they were only against the outside leader who was the president of the union, elected unanimously by the members. The management did not care for any industrial democracy. This stand of the company, in legal parlance, can be described as an unfair labour practice, which is prohibited under the law. The Samsung India management which has employed legal and management professionals in the company to handle labour related matters in various fora, did not even think for a minute that the workers too who are ignorant of labour laws need outsiders who can guide them. But, the state government instead of advising and instructing the management to abide by the law of the land, initiated repressive measures against its own alliance partners too. Their loyalty to the multinational company overtook the need of the DMK led government to act as a custodian of the law.
The BJP shed crocodile tears and said that the company may take their business outside Tamil Nadu and other multinational companies may follow suit due to the workers strike. The BJP exposed itself as a pro-corporate and anti-worker party. The BJP was more worried about the flight of capital more than the rights and welfare of workers. They refused to acknowledge that the workers were without any union for more than 15 years in the same company, and had to form a union because of unabated exploitation and repression by the profit hungry Samsung management, which brutally imposed undue workload and exploited them.
The Samsung India company world over is infamous for anti-worker activities and for union busting. It is very keen to prohibit unions in their units all over the world by hook or crook. The same has been articulated by the National Samsung Electronics Union in South Korea in its solidarity message.
Another major issue that has emerged as a bold relief is the absence of any law for the recognition of trade unions that enjoy the support of majority workers. In the course of the struggle, the management not only blocked registration of the union using its influence over the government, but also propped up a management sponsored union and entered into an agreement with the pocket union of the miniscule minority. This all occurred when the majority workers were on strike. This came to light when the Ministers who invited the striking workers for talks, unilaterally declared that the management sponsored union had entered into an agreement, at which time the striking workers rejected the governmentās proposals and left the negotiating table. This incident also exposed the anti-worker and pro-corporate agenda of the ruling government. The struggle of Samsung India Workers Union has also brought out the need for a special and fair legislation in bold relief for the recognition of trade unions at the work place.
The struggle has also highlighted the issue of registration of trade unions ā where despite having a mandatory 45 days period for granting registration, managementās objections are being taken on record to deny registration of unions. When the workers of the Samsun India formed their own union, they named it the Samsun India Workersā Union. Now, no one else who is but a worker in Samsung India can be a member of this union, and the management cannot have any objection to this. However, the Registrar of Trade Unions, asked the union to change the name based on the unsustainable objections of the management. This shows how the Labour Department of the state government is biased in favour of the management, rather than for workers.
The Modi Government has enacted anti-worker legislations in the name of Labour Codes, which undoes all the rights of workers and that of trade unions, including registration. It has left registration of trade unions to the whims and facies of the bureaucrats. Even though the labour codes have not been implemented, the pro-corporate state governments, including the DMK-led Tamil Nadu Government are creating obstacles for trade unions. The case of Samsung India being one such example.
We have been told that the Samsung India management have accepted all the demands of the union, which is nothing but a blatant lie. The company has offered an incentive of Rs. 5,000 and not a wage increase, as has been claimed. It has also agreed for some minor demands like AC bus facility, etc., and have relinquished discussions on all fundamental and substantial demands of the workers. Finally, the tripartite meeting held with the Labour Commissioner was attended by the management, which was refusing to do so for some time. This can be termed a small victory for the union, as it was otherwise marked by repression. In addition, the labour officials have also instructed the management to render a written response to the Charter of Demands raised by the Union. The Union has contended with such a response, but are hoping that the struggle may resume in the future if talks fail, and on this ground has withdrawn the strike.
Whatever is made of the result of the 37-days long strike, the Samsung India workers struggle has definitely raised some fundamental concerns of the workers and trade unions, such as that of registration of trade unions. The working class in the country is duty bound to rise in solidarity with the Samsung India workers and raise the demands for registration and recognition of trade unions. It should also understand the political landscape and rise to protect their rights.