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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