Monday 29 June 2020

INTRODUCTION TO LABOUR LAW IN INDIA By Muskan Jain


Laws framed by the government to mediate the relationship between workers, trade unions, employing entities and the government are known as the Labour laws. These laws primary concerns over the rights such as safety, wages, dispute resolution etc; and responsibilities of unionized labour. In India labour is a subject of the concurrent list of Indian Constitution and therefore the laws are made at both federal and state level.
Why is it necessary to have Labour laws?
The labour laws not only improve industrial relations but also helps maintain peace among different working divisions. It helps ensure good working conditions, payment of fair wages and compensation to the employees in case of accidents. The labour laws save the employees from being exploited by the employer, reduce conflicts and strikes.

HISTORY OF LABOUR LAWS IN INDIA
Labours in pre-independent India were given certain rights like freedom of association, trade unions and all these rights were regulated by various acts such as the Indian Slavery Act 1843, Indian Trade Unions Act 1926, Trades Disputes Act 1929 etcetera. But the workers who stood for their rights were violently suppressed.
India after 1947 (post-independence) embedded various fundamental labour rights like forming trade unions, decent working conditions, minimum wages, equality at work etcetera.

LABOURS AND THE INDIAN CONSTITUTION
The constitution of India 1950, concerns about the rights of the labours. Article 14 states that everyone is equal in the eyes of law, article 15 talks against any kind of discrimination among the citizens and article 16 states that there is an equality of opportunity in employment. Also, the works are free to form associations and trade unions[1] under article 19(1) (c).
Trafficking and forced labour are prohibited under Article 23 and Article 24 prohibits child labour that is, anyone under 14 years of age is disbarred from working in mines or factories or any other hazardous employment.
The states have certain duties toward the labour or workers, the Indian Constitution lists certain rights under part IV which are not enforceable by courts but are for the states to fulfil their duty. Article 38(1) states that the state should “strive to promote the welfare of the people” keeping in mind the social order in which justice, social, economical and political, shall inform all the institutions of national life. Article 38(2) says that the state should minimize the inequalities of income.
The National Rural Employment Guarantee Act is based on Article 41 which talks about “right to work” and article 42 requires the states to “make provision for securing just and human conditions for work and for maternity relief”. Article 43 states that the workers should have a right of living wage and a decent standard of life.
In the year 1976, Article 43A was inserted by 42nd amendment of the constitution of India which created a constitutional right to codetermination (workers having the right to vote for representatives on the board of directors) by securing the participation of workers in the management of undertakings.

WAGE REGULATION
The Equal Remuneration Act 1976 and Article 39(d) of the Indian Constitution states that men and women should receive equal pay for equal work that is similarity of skill, effort and responsibility when the work is performed under similar conditions.[2]
The Payment of Wages Act 1936 was enacted to ensure full and timely payment of wages to the employees. It states that the employees should receive wages, on time, without any unauthorised deductions. It also states that the payment must be made in the form of cash rather than in kind.[3]
Also, the government has set up minimum wages for the workers. This minimum wage is set on the basis of kind of work, location etc. every state has their own schedule to manage the minimum wages.

SAFETY OF WORKERS
The factories Act 1948 provides various provisions related to the health and safety of the workers. It states that the working environment should be clean and free of effluvia. There should be proper ventilation and waste disposal facilities. There should be sufficient light, drinking water and proper sanitation facilities. No person shall be allowed to carry the load so heavy as likely to cause injury,  the employers must provide the employees with protection measures like google, masks etc. the factory must be equipped with fire extinguishing equipment and other safety tools.
Compensation is paid to the workers if they are injured in the course of employment, under Workmen’s Compensation Act 1923.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2031 is aimed to protect women and provides them with mechanisms to report sexual harassment incidents at their workplace.
A proper record must be maintained and no worker should be forced to work beyond the working hours. ensuring physical and mental health of the works will not only encourage them, it will also give them a sense of dignity and being. With coordinated employers and employees the working environment shall have peace and harmony.





[1] Trade Union Act 1926
[2]the  but, State of Madhya Pradesh v. Pramod Baratiya 1993(23) ATC 657
[3] Section 6 Payment of Wages Act 1936

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