Labour Legislations

LABOUR LEGISLATIONS

IntroductionLabour means Productive Work, especially, physical work done for wages.

Labour Law is known as Employment Law,

It is the body of laws, administrative rulings,

It address the legal rights of working people and restrictions thereon.

It mediates many aspects of relationships between-trade unions-employers-employees

INTRODUCTIONLabour Legislations covers different aspects

1.Industrial Relations - Certification of Unions, Labour Management Relations, Collective Bargaining and Unfair Trade Practice.

2.Workplace health and safety, conditions of work, trade unions

3.Employment Standards includes general holidays, annual leaves, working hours, unfair dismissals, minimum wages, layoff procedures, separation pay

INTRODUCTIONTwo broad categories of Labour Laws:-

(1)Collective Labour Laws which is related to the tripartite relationship between employee, employer and union.

(2)Individual Labour Laws which is related to employees rights at work

-The Labour Legislations have also been shaped and influenced by the recommendation of the various national committees and comments.

INTRODUCTIONUnder the Constitution of India, Labour is a subject in the Concurrent List where both the Central and State Government are competent to enact legislations.

As a result, large number of labour laws have been enacted catering to different aspects of labour, namely, 1.Occupational Health2.Safety3.Employment4.Training of Apprentice5.Review and Revision of Minimum Wages6.Mode of Payment of Wages7.Payment of Compensation to workmen

INTRODUCTIONThe prevailing social and economic conditions have been largely influential in shaping the Indian Labour Legislation which regulates various aspects of work such as.

-the number of hours of work-social security and-facilities provided

INTRODUCTIONThe labour laws were influenced by important human rights and the conventions and standards that have emerged from the United Nations which includes..1.right to work on ones choice2.right against discrimination3.prohibition of child labour4.just and humane condition of work5.protection of wages6.redress of grievances7.right to organize trade union8.right to form trade union9.collective bargaining10.participation in management

INTRODUCTIONThe labour laws have also been influenced by the

1.deliberation of the various sessions of the ILC2.the International Labour Conference.

IntroductionThe ILO was the first organizations to deal with labour issues.

The Americans made 10 proposals. Three were adopted without change -that the labour should not be treated as a commodity. -that all the workers had the right to a wage sufficient to live on-that women should received equal pay for equal work

-A proposal protecting the freedom of speech, press, assembly and association.

IntroductionA proposed ban on the International Shipment of Goods made by children under the age of 16 instead of 14.

A proposal to require an eight hour work a day was amended to require the eight hour work a day or 40 hours.

Four other Americans proposal were rejected.

IntroductionInternational delegates proposed three additional clauses, which were adopted.1.one or more days for weekly rests 2.equality of laws for foreign workers3.regular and frequent inspection of factory condition.

The Commission issued its final report on 4th March,1919 and the peace conference adopted it without amendment on 11 April.

IntroductionThe first Annual Conference began on 29th October, 1919 in Washington DC and adopted the first six International Labour Conventions which dealt with1.hours of work in industry2.unemployment 3.maternity protection4.night work for women5.minimum age and night work for young persons in industry.

The Prominent French Socialist, Albert Thomas became its first Director General.

The ILO became a member of United Nations system after the demise of the league in 1946.

To meet out economic and social challenges of the modern world.Interaction of employers, workers and their representatives for work related issuesAchieving harmonious industrial relations based on workplace democracy.For implementing principles and rights

But experience shows that labour legislation can only fulfills these functions effectively, if it is responsive to the conditions on the labour market and the needs of the parties involved.Purpose of Labour Legislations

Purpose of Labour LegislationsLegislations can be categorized as follows:

Labour Laws enacted by the Central Government, where the Central Government has sole responsibility for enforcement.

Labour Laws enacted by the Central Government and enforce by Central and State Government

Labour Laws enacted by the Central Government but enforce by the State Government.

Labour Laws enacted and enforced by various State Governments which apply to respective States.

Labour LegislationsPRINCIPLES OF LABOUR LEGISLATIONS

Social JusticeSocial EqualityInternational UniformityNational Economy

Social Justice-Social justice means an equitable distribution of profits and benefits accruing from Industry between Industrialists and Workers and affording protection to workers against harmful effects to their health, safety and morality

Social EqualityLegislation based on social justice fixes a definite standard for the future, taking into consideration the events and circumstances of the past and the present.

Once a standard is laid down, it remains in force until it is again changed or amended by legislation.

International UniformityIt is necessary that labour laws should be internationally uniform.

An important role has been played by the ILO in this direction.

National EconomyIn enacting labour legislation, the general economic situation of the country has to be borne in mind.

The welfare and well being of the industrial population must not be out of proportion to the general economic condition, but it should aim at developing and improving them.

TYPES OF LABOUR LEGISLATIONS

Type of LegislationsThe different laws can be broadly classified as follows:

Laws related to industrial relations-Trade Union Act,1926-Industrial Employment (Standing Order) Act,1946-Industrial Dispute Act,1947

Laws related to Wages-Payment of Wages Act,1936-Minimum Wages Act,1948-Payment of Bonus Act,1965-Working Journalist (Fixation of Rates of Wages) Act,1958

Type of LegislationsThe different laws can be broadly classified as follows:Laws related to working hours, conditions of service and employment -The Factories Act,1948-Plantation Labour Act,1951-Mines Act,1952-Working Journalist and other Newspaper Employees (Condition of Service and Misc. Provisions) Act,1955-Merchant Shipping Act,1958-Motor Transport Workers Act,1961

Type of LegislationsBeedi and Cigar Workers (Conditions of Employment) Act,1966Contract Labour (Regulation and Abolition) Act,1970Dock Workers (Health and Safety) Act,1986Building and Other Construction Workers (Regulation of Employment and Condition of Services) Act,1996Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act,1981Mines and Mineral (Development and Regulation) Act, 1957Private Security Agencies (Regulation) Act,2005

Type of LegislationsLaws related to Equality and Empowerment of Women

-Maternity Benefit Act,1961-Equal Remuneration Act,1976

Type of Legislations4.Laws related to deprived and disadvantaged sections of the society;

-Bonded Labour System (Abolition) Act,1976-Child Labour (Prohibition and Regulation) Act,1986-Children (Pledging of Labour) Act,1933-The Employment of Children Act,1938

Type of LegislationsLaws related to social security-Workmens Compensation Act,1923-Employees State Insurance Act,1948-Employees Provident Fund and Misc. Provisions Act,1952-Payment of Gratuity Act,1972-Employees Liability Act,1938-Fatal Accidents Act,1855-Personal Injuries (Compensation Insurance) Act,1963-Personal Injuries (Emergency Provisions) Act, 1962-Unorganized Workers Social Security Act,2008

CONSTITUTION OF INDIA AND LABOUR LEGISLATION

Constitution of India and Labour LegislationsThe Constitution of India shows the principles of Democracy, Socialism and Secularism.These principles well articulated the basic principles that form the corner stone of the Indian Labour Legislation framework.The specific provisions concerned with labour and work are found in the Fundamental Rights and Directive Principles of State Policy. The Constitution also distributes the powers to handle labour-related legislations between central and state legislatures.

Constitution of India and Labour LegislationsThe following Articles of the Constitution of India directly related with labour legislation and its application.

Fundamental Rights (Articles 14-17 are relevant to labour legislations)

Article 14:Equality before LawArticle 15:Prohibition of discrimination on grounds of religion, race, caste, sex and place of birth)

Constitution of India and Labour LegislationsArticle 16: Equality of opportunity in matters of public administration.

Article 17: Abolition of untouchability

Right to freedom

Article 19 deals with the protection of certain rights regarding freedom of speech, expression, form unions and association etc.

Constitution of India and Labour LegislationsRight against Exploitation

Article 21:Right to lifeArticle 23:Prohibition of traffic in human beingsand forced labourArticle 24:Prohibition of employment of children in factories etc.

Constitution of India and Labour LegislationsDirective Principles of State PolicyArticle 38:State to secure a social order for the promotion of welfare for the people

Article 39:Certain principles of the policy to be followed by the State.

Article 41:Right to work, to education and to public assistance in certain cases

Constitution of India and Labour LegislationsArticle 42:Provision for just and humane conditions of work and maternity relief.

Article 43:Living Wage etc. for workers

Article 43A:Participation of workers in management of industries

Article 45:Provision for free and compulsory education for children.

Constitution of India and Labour LegislationsArticle 46:Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other Weaker Sections.

Article 47:Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Constitution of India and Labour LegislationsArticles affecting Government Employment

Article 309 refers to recruitment and conditions of service of people employed by government while

Article 310 specifies the tenure of persons holding office and

Article 311 refers to dismissal, removal and demotion of government employees.

Constitution of India and Labour LegislationsLabour Jurisdiction for Central and State Govt.

Article 246 and 7th Schedule of the Constitution of India specify the distribution of powers between the Central and State governments.

Labour is placed in the Concurrent List where both the Central and the State Governments are competent to enact legislations.

Indian Labour laws is the propagation of a number of legislations that are operational in this sphere.


According to one estimate,

India has 60 central legislations in the labour sphere and around,150 state legislations enacted by states to suit their requirements.Each legislation has been enacted to serve a specific objective.


Judgments by Courts i.e. High Courts of different States and the Supreme Court of India, lead to clarifications, revisions and reinterpretations from time to time.

The objective of each legislation is specified in the legislations under the Heading Prefatory Note Statement of Objectives and Reasons.

Constitution of IndiaIn 1922, Mahatma Gandhi had put forward the demand that Indias political destiny should be determined by the Indians themselves.

The demand for Constitution for the country being framed by its own people without outside interference was first made by the Indian National Congress in 1934 and repeated several times between 1935 and 1938.

In 1938, Jawaharlal Nehru formulated his demand for Constituent Assembly .

Constitution of IndiaOn 29th August,1947, the Constituent Assembly appointed a Drafting Committee under the Chairmanship of Dr.Ambedkar.

This Committee came out with a draft Constitution of India in February,1948.

The Constituent Assembly next met in November,1948 to consider the provisions of the Draft Constitution.

On 26th November,1949, the Constitution received the signature of the President of Assembly and was declared as passed.

Constitution of IndiaBut the Constitution came into force on 26th January,1950.

The present Constitution consists of .

1.The Preamble2.Parts I to XII covering Articles 1 to 395.3.Schedules 1 to 12 and4.An Appendix

Constitution of IndiaIndian Constitution is the most lengthy and detailed constitution of the world which is consisted of 442 Articles, 26 Parts and 12 Schedules.

The original Constitution contained 395 Articles and 8 Schedules.

The Indian Constitution is based on the Government of India Act,1935 which was also an extensive documents having 321 Sections and 10 Schedules.

Six Fundamental Rights

Right to equalityRight to particular freedomCultural and Educational RightRight to freedom of ReligionRight against ExploitationRight to Constitutional Remedies

Right to EqualityThe State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

-There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

Right to particular freedomAll citizens shall have the right--To freedom of speech and expression; -To assemble peaceably and without arms; -To form associations or unions; -To move freely throughout the territory of India; -To reside and settle in any part of the territory of India; -to practice any profession, or to carry on any occupation, trade or business.

The Cultural and Educational RightThis right allows every citizen of India to have a cultural and education upto where that person wants.

Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have right to preserve the same.

No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

The Cultural and Educational RightThis right allows every citizen of India to have a cultural and education upto where that person wants.

Any section of the citizens residing in the territory of India or any part there of having a distinct language, script or culture of its own shall have the right to preserve the same.

No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

The Cultural and Educational RightAll minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Right to freedom of religionThe right to freedom of religion allows Indian citizens to choose any religion that he / she wants to choose.

Under Article 25 of the Constitution of India

Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

Right to freedom of religion-This Article guarantees that every person in India shall have the freedom of conscience and shall have the right to profess, practise and propagate religion, subject to the restrictions that may be imposed by the State on the following grounds, namely:-

(1) Public order, morality and health; (2) Other provisions of the Constitution; (3) Regulation of non-religious activity associated with religious practise; (4) Social welfare and reform;

Right against exploitationRead Article 23 and 24ARTICLE 23(1) Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Right against exploitation

ARTICLE 24

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Right to Constitutional RemediesThe right to constitutional remedies allows Indian citizens to stand up for their rights against anybody even the government of India. ARTICLE 32

The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

Right to Constitutional RemediesARTICLE 33Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.-

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to: (a) The members of the Armed Forces; orThe members of the Forces charged with the maintenance of public order; orPersons employed in any bureau or other organization established by the State for purposes of intelligence or counter intelligence; or Persons employed in, or in connection with, the telecommunication

Right to Constitutional RemediesARTICLE 34Restriction on rights conferred by this Part while martial law is in force in any area.

ARTICLE 35

Parliament shall have, and the Legislature of a State shall not have, power to make laws- (i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by parliament.

There are 10 fundamental duties incorporated in Article 51A (Part IV A) inserted by the 42nd Amendment Act,1976.

It shall be the duty of every citizen of India

To abide by the constitution and respect the National Flag and the National Anthem.

To cherish and follow the noble ideals which inspired our national struggle for freedom.

Fundamental Duties

To protect the sovereignty, unity and integrity of India,To defend the countryTo promote the spirit of common brotherhood amongst all the people of IndiaTo preserve the rich heritage of our composite cultureTo protect and improve the natural environmentTo develop the scientific temper and spirit of inquiryTo safeguard public propertyTo strive towards excellence in all spheres of individual and collective activity.Fundamental Duties

The relevance of the dignity of human labor and the need for protecting and safeguarding the interest of labour as human being preserved in Chapter III (Article 16, 19, 23 and 24) & Chapter IV (Article 39, 41, 42, 43, 43A & 54) of the Constitution of India.

Labour is a concurrent subject in the Constitution of India implying that both the Union and the State Governments are competent to legislate on labor matters.

The bulk of important legislative Acts have been enacted by the Parliament.

Constitution of India

The Constitution of India provides detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy. The Directive Principles of State Policy provides:

1.for securing the health and strength of employees, men and women,

2.that the tender age of children are not abused;

3.just and humane condition of work and maternity relief are provided;


4.That the government shall take steps, by suitable legislation, to secure the participation of employee in the management of undertaking, establishment or other organizations engaged in any industry.


It is one of the important parts of the Constitution of India which were taken from the Constitution of Ireland.This part is alive in the Part IV of Indian Constitution.There are 16 Articles, Articles 36 to 51 which contain the concept of Welfare State.The Articles included in Part IV of the Constitution contain certain directives which it shall be the duty of the State to follow both in the matter of administration as well as in the making of laws.Directive Principles cover a wide range of State activity and lay down objectives in social, economic, legal, educational, administrative, cultural and international fields which the State is required to follow. Directive Principles of State Policy

Directive Principles give directions in the nature of ideals of the State:

The State shall strive to promote the welfare of the people by securing a social order permeated by social, economic and political justice (Article 38)

The State shall endeavour to secure just and humane conditions of work, a living wage, a decent standard of living and social and cultural opportunities for all workers.

Directive Principles of State Policy

The State shall endeavour to raise the level of nutrition and standard of living and to improve public health. (Article 47)

The State shall direct its policy towards securing equitable distribution of the material resources of the community and prevention of concentration of wealth and means of production. (Article 39)

The State shall endeavour to promote international peace and amity.


Rights of Citizen (Article 39 to 45)Right to adequate means of livelihood.Right of both sexes to equal pay for equal work Right against economic exploitationRight of children and the young to be protected against exploitation and to opportunities for healthy development, consonant with freedom and dignity.Right to equal opportunity for justice and free legal aid.Right to workRight to public assistance in case of unemployment, old age, sickness and other cases of underserved wants.


Rights of CitizenRight to humane conditions of work and maternity benefit.Right to a living wage and conditions of work ensuring decent standard of life for workers.Right of workers to participate in management of industriesRight of children to free and compulsory education.


Labour Legislations

Documents

Transcript of Labour Legislations