Labor law, also known as labor law, is the laws, administrative decisions, and
precedents that address the legal rights and restrictions of workers and their
organizations. Labor law attempts to regulate the relationship between an
employer or group of employers and their employees. This branch of law is the
most widespread as it affects more men and women than any other branch of law.
It is also the most fascinating area of study due to its far-reaching
implications and dynamic aspects.
These laws generally deal with issues such as
occupational health and safety, collective bargaining, unfair labor practices,
union certification, employee-employer relations, public holidays, annual leave,
working hours, unfair dismissal, minimum wages, dismissal procedures, severance
pay, etc. In India, the Central Government has promulgated around 44 labour-related
statutes, 29 of which have been consolidated into four new labour codes. This
article summarizes some of the labour laws in India, as well as the four labour
Origin Of Labour Laws
The institutions that develop in society abhor the gaps left by change. The
Industrial Revolution was a historical phenomenon that completely changed
society from a rural and agricultural society to an industrial and consumer
society. The changes caused by the Industrial Revolution left some gaps that
society has a responsibility to fill.
To fill this gap, society has resorted to
certain social instruments known as labor laws. Labor law is a result of the
industrial revolution and is designed to solve the problems caused by the
industrial revolution. They differ from ordinary legislation in that they are
designed to address unique issues that arise in specific circumstances.
focus, philosophies and concepts are specific rather than general. The purpose
and scope of labor law has evolved over time. Labor laws are enacted to protect
the interests of employers and are based on laissez-faire, which includes a
policy of minimal government intervention in economic affairs.
Evolution Of Labour Legislation In India
The history of labor laws in India goes back 125 years. Beginning with the
Apprenticeship Act of 1850, which allowed orphans to find work upon reaching the
age of 18, several labor laws were enacted covering various aspects of
industrial employment. The labor law not only regulates the working conditions
of industrial enterprises, but also regulates labor relations, wage payment,
trade union registration, internal rules and regulations certification, etc.,
and provides social security measures for employees.
The Constitution of India
is the basis for all laws in India. As per the Constitution, labor is a matter
of the Concurrent List, which means that both the central and state governments
can make labor laws, but state legislatures cannot make laws inconsistent with
central laws. This law is the main tool for the government to intervene in labor
disputes. After independence, many laws were enacted to regulate labor and
Labour Laws In India
In terms of socio-economic development - Labor rights were first enshrined in
the Indian Constitution through Fundamental Rights and Directive Principles of
State Policy; labor as an issue was included in the Concurrent List, which meant
that both the Center and the states could legislate. In connection with this,
many laws have been passed regulating and governing the nature of labor, women
and child labour, maternity benefits, labor insurance provisions, employment,
minimum wages, payment of wages, compensation for injury or death of workers and
Tips, bonuses, provident fund, etc. Labor legislation was also developed
through a series of recommendations from various commissions and commissions,
such as the First National Labor Council (1969). , National Rural Labor
Committee (1991), Second National Labor Committee (2002). Prior to the
codification of the Labour laws they could be categorized into four categories,
Firstly, certain laws which were enacted by the Central Government and they have
the sole responsibility of enforcing it, these laws are:
- The Employees State Insurance Act, 1948
- The Employees Provident Fund and Miscellaneous Provisions Act, 1952
- The Dock Workers (Safety, Health and Welfare) Act, 1986
- The Mines Act, 1952
- The Beedi Workers Welfare Fund Act, 1976
- The Cine Workers Welfare Fund Act, 1981
Secondly, there are certain acts which were enacted by the Union but enforced by both the Centre and the State governments like the:
- The Child Labour (Prohibition and Regulation) Act, 1986
- The Contract Labour (Regulation and Abolition) Act, 1970
- The Equal Remuneration Act, 1976
- The Industrial Disputes Act, 1947
- The Industrial Employment (Standing Orders) Act, 1946
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
- The Maternity Benefit Act, 1961
- The Minimum Wages Act, 1948
- The Payment of Bonus Act, 1965
- The Payment of Gratuity Act, 1972
- The Payment of Wages Act, 1936
Thirdly, there are laws which were enacted by the Centre but are enforced by the State governments:
- The Employers Liability Act, 1938
- The Factories Act, 1948
- The Motor Transport Workers Act, 1961
- The Trade Unions Act, 1926
- The Workmen's Compensation Act, 1923
- The Bonded Labour System (Abolition) Act, 1976
- The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
And, lastly those laws which were enacted and enforced by the State governments which apply to the respective states. The above mentioned list of legislations is however not exhaustive, there were around 44 central laws and a plethora of state made laws and rules for proper implementation. (The list is not exhaustive but only an indication.)
Labor law is the result of the struggle of workers around the world for their legitimate rights and lives. They fight to protect themselves and improve their living conditions. The field of employment law is dynamic and occupies a unique position in the legal community. It has specific components for employees.
In some respects, Indian labor laws are similar to those of advanced industrial societies. Many laws regulate social security, occupational health and safety, and minimum employment standards, among other issues. However, only a small portion of India's workforce is formally protected by the country's labor laws, and even among this group, the law's practical application is very limited.
Integrating multiple labor laws is an important step in promoting compliance. The benefits of the bill will reach a larger portion of the workforce due to rationalization of the definition and extension of scope to the unorganized sector.
Frequently Asked Questions (FAQs)
What are the benefits of labor law?
Some of the benefits of labor law are:
- Labor laws help simplify compliance by ensuring that every industry has a single licensing mechanism.
- A technology-based national database will streamline the workforce and be the first step toward distributing benefits.
- In addition, all persons not previously covered by the labor law are now included in the definition of worker/employee.
Award Winning Article Is Written By: Mr.Shreyash Gupta
Authentication No: OT364145575822-2-1023