New Labour codes

 

Three New Labour codes have been passed by the Indian parliament last week. Central Govt without wasting the crisis has pushed through these Industrial labour reforms. Industrial Relations Code Bill,2020; Code on Social Security Bill,2020 and Occupational Safety, Health and Working conditions Code Bill,2020. These three codes will have to be taken together with the Wages code passed in 2019 making together a grand four labour codes merging 29 Central Labour Acts. Some of these Acts like Payment of Wages Act ,Workers Compensation Act etc. belong to British times and finally, these vestiges of colonial legacy have been buried in the 21st century. This leads us to the question "Are we fully liberated from British rule?!!"

In the first bill Industrial Relations Code Bill, the Central Govt. has proposed to introduce more conditions restricting the rights of the workers to strike work, and also to increase the threshold relating to layoffs and retrenchment in any industrial establishment to 350 nos. from 100 workers at present. These are measures aimed at providing flexibility to employers in hiring and firing depending upon the business conditions without govt poking its nose into the employer's domain. It has also raised the threshold for making Industrial standing orders mandatory to 300 workers which according to detractors may result in arbitrary service conditions to employees. The most important reform is with reference to the incorporation of the number of workers in the Act itself, instead of through an executive order which has been the norm so far. This has been done after a Parliamentary Standing Committee on labour reforms scoffed at the bureaucracy wielding the power when the earlier Act used to mention that such numbers will be decided by "Appropriate Authority".

Employers are definitely the gainers in this grand bargain but this has been done without trampling on the rights of workers. The process of negotiation and reconciliation have been given prime of place in the place of intimidations and threats. Enabling fixed-term employment, reducing the influence of trade unions and the extension of social security net to gig, informal sector and platform employees also are all big positives for the employment scenario on the whole.

The labour ministry will have to come out with the set of rules for the Acts to become functional on the ground. Even though some labour rights activists are saying that the rights of workers are slowly and surely being seized from them , fair-minded employers of the 21st century will get the ease of doing business with these forward-looking and long-pending reforms.

All these amendments have been recommended by many parliament committees over the years. Now many well-meaning labor economists say that these Acts have brought the right balance between the rights and duties of employees and the employers.

IPL amidst Pandemic or is it Padnemic!!

IPL has had so far 13 editions of experience- in India, South Africa, UAE once each and UAE again now.IPL  finals have been a brutally fought match till now. Mumbai Indians have emerged winners 4 times and Chennai Super kings thrice victorious. Dhoni led Chennai Super Kings have entered finals so far 9 times in 12 finals and that is phenomenal domination. Elections drove IPL out of India once in 2009 to South Africa and now the COVID pandemic has both delayed and moved the tournament to UAE in the current year. Wikipedia says that this is the most-watched Twenty 20 tournament in the world and the second-best paying sporting league globally.(link)

What are the specialties of the IPL tournament. It has had its share of scandals, scams, match-fixing cases, betting cases (betting in a game banned in India) and even Dhoni's Chennai Super Kings had to be suspended from the tournament for 2 consecutive years. One of the IPL heads who led IPL in its formative years is an alleged economic offender and is still at large having sought asylum in UK.

The Cricket tournament has had a tumultuous journey over the years, but still attracts addicted followers and ardent cricket lovers. Of course people from the old school still dismiss it as a big tamasha and not worth watching. Die-hard traditional cricket lovers continue to blame this auctioning of cricketers as nothing but cattle sale in our village backyards and cannot digest it as an offshoot of the modern evolution of the game as a business.

But all this has not diminished the viewership of the tournament over the TV. It is one big entertainment India enjoys as a cricket frenzy nation. TVs that have seen their ad revenues dwindling due to the pandemic have been resurrected by this tournament. Even though the public is not allowed to view these matches in the stadium. the telecast has added spice by inserting the artificial crowd roar, noise, trumpeting, jingles, etc. to make TV viewing lively and energetic. Perhaps the players on the field miss these mesmerising crowd roars in Indian stadiums egging them to perform better on the field. Some of the first week games which ended in a tie spilling over to Super overs have been a great exhibition for the game of Cricket.

Pandemic has bowled a googly at the economy, but IPL has partially offset its impact on the businesses by reviving the enthusiasm and the fun-filled colorful spirit of this cricket-loving country.With festive time just around the corner, hope this mood of optimism and enthusiasm catch up with the rest of the economy also.

I hear somebody murmuring COVID evolved from bats but IPL is played with bats wielding batsmen only.Pandemic is now Padnemic!!

Agri bills and Rajya sabha commotion

 Indian Central Govt. successfully pushed  3 Farm bills through both the Houses of Parliament last week. Since the ruling NDA led by BJP has a majority in the lower house i.e Lok Sabha the passage of these bills happened without any hiccup there. But when the same bills had to be passed by the higher house i.e Rajya Sabha, where NDA has a thin majority, pandemonium reigned and all hell broke loose. But the Chairman of the house went by voice vote amidst allegations that he chose to ignore the call for division of the house.

Now the opposition is upset not by the farm bills per see but the way it was carried by the Chairman by the Upper house by not allowing them to stall this reform in the garb of discussions et al. Several Agricultural Commissions and Committees incl the Sen Committee and Dr.Swaminathan Comittee over the last 30 years, have strongly suggested on this unshackling of Agri markets across the country. This reform is long overdue. Even Congress Govt. wanted to implement this and it is in their election manifesto. But due to the reversal of roles, now Congress does not want this to be passed by Modi in order to deny him the credit for this. It is nothing but opportunism and blinded by the hatred for Modi ,UPA wants  Indian farmers to suffer.

The three reform bills passed and approved by the President are :

1)Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020.:-This bill aims to promote barrier-free interstate and intra-state trade in agricultural produce;

2)Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020:- This is for allowing farmers to engage with processors, aggregators, wholesalers, large retailers and exporters directly;

3)Essential Commodities (Amendment) Bill, 2020:-to generally liberalise the regulatory environment for the farmers and to free them from the clutches of middlemen.

The twist in the tale which adds spice to the whole drama has been clearly brought out in this article by Sanjay Jha(link) when he says Dr.Man Mohan Singh went on television when UPA was ruling, to assure the farmers that by a similar action of passing the farm bills their lives would be made better and he tried to assuage their hurt feelings. When the agri reforms ordinance was promulgated in May 2020, pl. note the tone and tenor of agri economists like Prof Ashok Gulati who backed these ordinances hailing this as "the 1991 moment "for agri reforms.(link)

People who are now opposing the momentous changes to be ushered through these far-reaching farm bills are those who have vested interests in the continuation of status quo. There are many middlemen who make money and lend/give easy money to politicians try to block these bills. Many of them do not pay income tax by showing that their income is agricultural income. Now this lot is in dire straits and does not want to let go off the golden goose from their hands. By supporting these elements the opposition is revealing their colours to the public scrutiny.

With many assemble elections around the corner, politicians are trying to portray themselves as the saviour of the farmers by misleading the gullible farmers against these reforms.  By repeating a lie, that Govt will abolish MSP, they are stoking the farmers' fears and are trying to create panic and chaos among the farmers. This is despite PM Modi assuring on the floor of the Parliament that the MSP mechanism will not be revoked at any point in time in the future.

The farmers must see through these games played by the opposition parties, and understand that more choices for them to market their produce will not set them back both financially as well as socially. They should look at the stories of ITC eChoupal, Mahindra's, Amul's agri ventures, and emulate them by evolving their cooperative community farming to further their dreams in those lines.

When fruits, vegetables and milk are sold liberally without the MSP crutches, farmers must introspect and understand that MSPs help only 6% of the total agricultural output in the country.

Multiple avenues to market their farm output will only lead them to a better future!!

CAG report on IT disputes and appeals

 

Comptroller and Auditor General of India(CAG) is the top Govt Auditor of India, who is a Constitutional authority. He Audits all the Central and State Govt related accounts and gives his report with his findings, lacunae observed in the system, along with necessary corrective measures as per the best practices around the world.

In his latest report on the Income & Corporate  Tax department functioning under the Central Govt, he has given some damning statistics. People in the know feel vindicated with his report lashing at the ineptitude of the Dept in tackling the inefficiency of the tax bureaucracy.

Let us look at some of his key observations:(link)

1)Income tax arrears of demand has increased from Rs.11 lac cr.in 2017-18 to Rs.12.3 lac cr, in 2018-19.

2) Out of this Rs.12.3 lac cr. the Tax dept itself says 99% of it is non-collectible or in other words, would be difficult to recover.

3)At the CIT Appeals, which is the first forum of Appeals,the Auditor observed, the number of cases has gone up from 3 lacs in 17-18 to 3.4 lacs in 18-19 and the total amount locked up has gone up from Rs.5.19 lac cr to Rs.5.6 lac cr.

4)The above amount of Rs.5.6 lac cr is more than the revenue deficit of the Central Govt for the relevant year, the CAG has remarked.

5)The total cases pending at the higher courts i.e ITAT/High Court/Supreme Court have gone up from 82000 in 17-18 to 1.35 lacs in 18-19, which is a whopping 65% jump.

6)CAG also observed that "there have been persistent and pervasive irregularities in respect of Corporation tax and Income tax assessments cases over the years.Recurrence of such irregularities, despite being pointed out repeatedly in the earlier Audit reports point to structural weaknesses on the part of the Department as well as the absence of appropriate institutional mechanism to address this".

7)The auditor has reviewed 2.72 lakh out of 2.99 lakh cases taken up by the I-T department for scrutiny during 2017-18. CAG has also audited 60,000 cases of scrutiny assessments completed in the earlier financial years. CAG found an incidence of errors in assessments checked in audit at 6% (19,768 cases), as against 6.45% in the previous year.

8)More than 82% of individual taxpayers faced TDS mismatch problems during the last three years resulting in disallowance of refund and the creation of avoidable harassment of taxpayers who are mostly middle-class salary earners.

All the above are reflections of deep-rooted malaise plaguing the system of assessments, appeals etc. The tax department is afflicted by the disease of "Appealititis" as per one of the earlier observations of CAG. The tax bureaucracy always plays safe disregarding well-founded precedent judgements of ITAT/HC and even SC, which are in favour of assessees.They conjure up a point of differentiation from precedent judgments which may sometime look contrived, trivial,frivolous, flimsy, and they blow it out of proportion to suit their arguments. The tax department is addicted to filing appeals against the hapless and penniless assessees even after SC ruling against it.This is the special caprice of the experts in the Tax dept, which drives the assessees bankrupt , if not mad. 

You add the judicial delay to this and the cost of fighting these mostly infructuous appeals and what you get is a heady decoction of endless litigation!!!The cost of all this finally falls on the honest taxpayers.

Honest taxpayers still wait for the fructification of the vision of our PM who has drawn a charter for Honouring the Honest.Hope it does not become an endless wait!

Altman Z score and RBI Kamath committee ratios.

 Edward Altman published the Z score formula for predicting bankruptcy way back in 1968. He said this formula can be judiciously used to find whether any company may go into bankruptcy within the next two years. It is a quick find formula to gauge the financial health for publicly held companies by using the P&L values and Balance sheet values through a mix of business ratios.

In simple terms Z =1.2X1+1.4X2+3.3X3+0.6X4+1.0X5, where

X1= Working capital/Total assets.i.e the ratio of liquid assets in relation to the total assets or size of the Co.

X2=Retained earnings/Total assets i.e the ratio of retained profit in relation to the total assets of the Co.

X3=EBIT/Total Assets i.e the ratio of efficiency of the operations without the impact of leveraging, in relation to the assets deployed in the Co.also signifying the importance of operating earnings for the long term financial health of the Co.

X4=market capitalisation/book value of total liabilities i.e the ratio of market price in relation to the total liabilities incl. borrowings are  considered as a reflection financial health;

X5= Total sales/ Total assets i.e the ratio of assets turnover indicating how well the assets are utilised to generate the sales.

There are some variations for privately held companies and for service cos.

What is the necessity for delving into this formula of bankruptcy now? RBI appointed KV Kamath Committee has come out with similar ratios for the use of banks in identifying distress among the Indian business companies with various ratio values depending on the kind of business the cos concerned are in.

The Committee came out with the following ratios, that were selected based on their relevance for Resolution Plan for the distressed cos. when their loans are put to restructuring by the banks. 

1)Total outside liabilities(TOL)/Adjusted Tangible Networth(ATNW)i.e Adjusted Net of investments;

2)Total Debt/EBIDTA ;

3)Current Ratio;

4)Debt Service Coverage Ratio (DSCR);i.e the ratio of the addition of the net cash accruals with interest and finance charges divided by the addition of the current portion of the long-term debt with interest and finance charges.

5) Average Debt Service Coverage Ratio (ADSCR) i.e average over the loan period.

All these ratios are highly relevant with a well-defined threshold for various industries of the domestic economy including that of services, for those looking at the financial health of the Companies. Many Credit Rating Agencies also use many of these ratios. Perhaps, the Altman Z score may also be included for evaluating the preponderance to bankruptcy among the Co.s  under the distressed category seeking their bank loans to be restructured.

Law of Averages,Regression to the Mean and the Walk down the Dalal Street!

 Sir Francis Galton, a British polymath, did pioneering work on Regression or Reversion to the Mean in Statistical Research in the late 19th Century. According to his analysis of human characteristics, he applied statistical methods to the study of human differences and inheritance of intelligence and pioneered the work on Eugenics. He also contributed to the field of psychology by founding psychometrics with personality mapping.

He was a versatile genius and being the half-cousin to Charles Darwin, his works in many ways drew sufficient inspiration from Darwin's studies. But his most outstanding contribution is Regression to the Mean in Statistical analysis. He is also considered to have developed a central limit theorem showing that with sufficient sample size the binomial distribution approximates a Normal Distribution and the practical demonstration of it is called Galton Board or Quincunx or Bean machine

Regression to the Mean is in simple terms that if there is volatility observed over the mean, over a while the values will show Regression to the Mean/Average and Francis Galton termed it as Regression to the Mediocrity in terms of inherited human characteristics. This led to modern statistical modeling based on linear regression analysis.

Regression to the Mean is also important to understand the stock market behaviour. Stock market behaviour is considered to be a Random walk and the financial world which considers a normal world will always look for stable returns. Jeremy Siegel said that "return to the mean" may show that returns may be unstable in the short term but stable in the long run. In such a situation the returns can be easily quantified and not a Random walk. But the stock market exhibits typical Random Walk characteristics. A Random Walk is one in which future steps or directions cannot be predicted based on past actions or performance. But Dalal street would hate to call its three-piece suit executives , who carry an air of super cat financial strategists,  as "Random Walkers"!!(link). The central hypothesis of Random walk is that one cannot consistently outperform the market averages. In other words, even the best of financial strategies would eventually start regressing to the mean.

The law of averages which is a law of large numbers gives false belief and therefore it is called "Gamblers' fallacy". It leads to the misconception that the probability of an outcome occurs with a small number of consecutive experiments so they will have to "average out" sooner rather than later. This is the fallacy that rules the mind of every gambler and that is why it is called "gambler's fallacy". Stock market ups and downs can also lead to this kind of fallacy in the short term.

Dalal Street is a minefield for the uninitiated and a good playground for those who have an appetite for a long walk or for those lethargists who buy indexed bonds, sleepover them and don't go for a walk!!

Indian politicians -their precept and practice

 It is said "there is a world of difference between precept and practice"- more so with our politicians and the gap widens when they speak about it more.!!

It is generally thought that Political lies are always for exploiting the ignorance of the public. Mostly they are manipulative for winning the elections. But there are times like Obama lies about Health care inorder to push through some legislation to benefit the larger society(link).

However coming to India, Politicians throw promises at the people mainly to win elections and then they renege on the promises made.

In the recent few weeks there are lot of accusations by the Opposition parties against the Central Govt that Question Hour in the ensuing Parliament has been abolished muzzling the freedom of MPs to ask Govt questions about peoples' problems to elicit answers from the Govt. But there are two stark statistics contradicting the so-called champions of freedom of expression in the Opposition. In the last few years Question hour in the parliament has been wasted for 60% of the time by the unruly Oppositions marring the proceedings of the house. Another interesting point is that in the Opposition ruled West Bengal Question Hour has been suspended by the Govt in view of the prevailing pandemic.!!

So this is clearly double standards adopted by the Opposition and it is raised against the Central Govt only to embarrass it and score some brownie points in the media.

Many of the Opposition ruled State Govts prune the budget of the local bodies saying that the State level finances are severely constrained. But if the Central Govt does it, all of them raise their voices against the Centre saying that the Central-State relationship is severely undermined and the trust of cooperative federalism has been betrayed by the Centre. They have no such qualms when they repress the local bodies by not releasing the funds to them. These are the doublespeak adopted by the opposition parties as a matter of right and pride.Our society does not relish this behaviour of politicians which they do not understand.

Centre and States are like two important organs of the body which is India. Both must work in tandem and in coordinated rhythm. Brain cannot let the Heart down and Heart cannot afford to stop blood supply to Brain. They cannot be at loggerheads with each other. This is the fundamental concept which Politicians must keep in their minds while performing and discharging their Constitutional duties.