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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

SUBJECT- ECONOMICS

FINAL DRAFT

ON

LABOUR LAWS

Under the Guidance of: Submitted by:

Dr. Mithali Tiwari Saurabh Singh

Assistant Professor 3rd.semester

DR.RMLNLU,[LUCKNOW] Section-B

Enroll No-170101124

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TABLE OF CONTENT

1. ACKNOWLEDGEMENT……………………………………………………………….. 3

2. INTRODUCTION AND PLAN OF STUDY…………………………………………..... 4

3. HISTORY OF LABOUR LAW………………………………………………………...... 4

4. LABOUR LAW FOR ORGANIZED SECTOR…………………………………………. 7

5. LABOUR LAW FOR UNORGANIZED SECTOR………………………………………13

6. CRITIQUE AND SUGGESTION ………………………………………………………...15

7. BIBLIOGRAPHY…………………………………………………………………………19

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ACKNOWLEDGEMENT

I am most profoundly grateful to my teacher Dr. Mitali Tiwari for providing me this wonderful
opportunity to work upon this project after doing which I feel to have enlightened myself in this
regard and for the precious time they spent guiding us for the completion of this project.

I also thank the members of the library staff for their cooperation in making available the books
and magazines and allowing me to access the internet even during their free time and whenever i
required to do so.

Last but not the least I would also like to thank my Parents and friends. It was only because of
their excellent help that I have been able to complete my project.

OBJECTIVE

1. To study various labor laws related to organized and unorganized sector.

2. To suggest reforms in labour laws as well as new measures to tap the unorganized sector
labour market.

RESEARCH PROBLEM:

Laws are meant for the regulation and development of the society. The changing dynamics of the
law helps the society to evolve in a positive way but when laws hamper the growth of the
economy, it’s time to critically analyses them and change them accordingly. The main research
problem in this project is the whether labour laws related to unorganized sector has served the
purpose of its objective and various reforms in the labour laws which are required in this era of
globalization

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INTRODUCTION & PLAN OF STUDY

Labour laws are one of the main pillars of social security and play an important role in
employment growth and protection from exploitation. Labour laws are meant to protect and
safeguard the interest of the labourers. It establishes a legal system that facilitates productive
individual and collective employment relationships, and therefore a productive economy. It helps
in providing a framework within which employers, workers and their representatives can interact
with regard to work-related issues, it serves as an important vehicle for achieving harmonious
industrial relations based on workplace democracy. It provides a clear and constant reminder and
guarantee of fundamental principles and rights at work which have received broad social
acceptance and establishes the processes through which these principles and rights can be
implemented and enforced.

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. The most
efficient way of ensuring that these conditions and needs are taken fully into account is if those
concerned are closely involved in the formulation of the legislation through processes of social
dialogue. The involvement of stakeholders in this way is of great importance in developing a
broad basis of support for labour legislation and in facilitating its application within and beyond
the formal structured sectors of the economy. To maintain decent growth of employment, it is
necessary to strike a golden balance between the stakeholders of the labour market. These
legislation tend to cover only organized sector but the major part of labour market is still uncover

History of Labour Laws

The law relating to labour and employment is also known as Industrial law in India. The history of
labour legislation in India is interwoven with the history of British colonialism. The
industrial/labour legislations enacted by the British were primarily intended to protect the interests
of the British employers. Considerations of British political economy were naturally paramount in
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shaping some of these early laws. Thus came the Factories Act. It is well known that Indian textile
goods offered stiff competition to British textiles in the export market and hence in order to make
India labour costlier the Factories Act was first introduced in 1883 because of the pressure brought
on the British parliament by the textile magnates of Manchester and Lancashire. Thus India
received the first stipulation of eight hours of work, the abolition of child labour, and the restriction
of women in night employment, and the introduction of overtime wages for work beyond eight
hours. While the impact of this measure was clearly welfarist the real motivation was undoubtedly
protectionist.

The earliest Indian statute to regulate the relationship between employer and his workmen was the)
Trade Dispute Act, 1929 (Act 7 of 1929).Provisions were made in this Act for restraining the
rights of strike and lockout but no machinery was provided to take care of disputes.

The original colonial legislation underwent substantial modifications in the post-colonial era
because independent India called for a clear partnership between labour and capital. The content
of this partnership was unanimously approved in a tripartite conference in December 1947 in which
it was agreed that labour would be given a fair wage and fair working conditions and in return
capital would receive the fullest co-operation of labour for uninterrupted production and higher
productivity as part of the strategy for national economic development and that all concerned.

The legislations can be categorized as follows:

1) Labour laws enacted by the Central Government, where the Central Government has the sole
responsibility for enforcement.

2) Labour laws enacted by Central Government and enforced both by Central and State
Governments.

3) Labour laws enacted by Central Government and enforced by the State Governments. 4)
Labour laws enacted and enforced by the various State Governments which apply to respective
States.

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The Constitution of India provides detailed provisions for the rights of the citizens and also lays
down the Directive Principles of State Policy which set an aim to which the activities of the state
are to be guided. These Directive Principles provide:

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

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

c. that citizens are not forced by economic necessity to enter avocations unsuited to their age or
strength;

d. just and humane conditions of work and maternity relief are provided; and

e. that the Government shall take steps, by suitable legislation or in any other way, to secure the
participation of employee in the management of undertakings, establishments or other
organisations engaged in any industry.

The term ‘labour’ means productive work especially physical work done for wages. Labour law
also known as employment law is the body of laws, administrative rulings, and precedents which
address the legal rights of, and restrictions on, working people and their organizations. There are
two broad categories of labour law. First, collective labour law relates to the tripartite
relationship between employee, employer and union. Second, individual labour law concerns
employees' rights at work and through the contract for work .The law relating to labour and
employment in India is primarily known under ]the broad category of "Industrial Law". The
prevailing social and economic conditions have been largely influential in shaping the Indian
labour legislation, which regulate various aspects of work such as the number of hours of work,
wages, social security and facilities provided.
The labour laws of independent India derive their origin, inspiration and strength partly from the
views expressed by important nationalist leaders during the days of national freedom struggle,
partly from the debates of the Constituent Assembly and partly from the provisions of the
Constitution and the International Conventions and Recommendations. The relevance of the
dignity of human labour and the need for protecting and safeguarding the interest of labour as
human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and Chapter IV (Articles

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39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights
and Directive Principles of State Policy1. The Labour Laws were also influenced by important
human rights and the conventions and standards that have emerged from the United Nations. These
include right to work of one’s choice, right against discrimination, prohibition of child labour, just
and humane conditions of work, social security, protection of wages, redress of grievances, right
to organize and form trade unions, collective bargaining and participation in management. The
labour laws have also been significantly influenced by the deliberations of the various Sessions of
the Indian Labour Conference and the International Labour Conference. Labour legislations
have also been shaped and influenced by the recommendations of the various National Committees
and Commissions such as First National Commission on Labour (1969) under the Chairmanship
of Justice Gajendragadkar, National Commission on Rural Labour (1991), Second National
Commission on Labour (2002) under the Chairmanship of Shri Ravindra Varma etc. and judicial
pronouncements on labour related matters specifically pertaining to minimum wages, bonded
labour, child labour, contract labour etc.

Under the Constitution of India, Labour is a subject in the concurrent list where both the Central
and State Governments are competent to enact legislations. As a result , a large number of labour
laws have been enacted catering to different aspects of labour namely, occupational health, safety,
employment, training of apprentices, fixation, review and revision of minimum wages, mode of
payment of wages, payment of compensation to workmen who suffer injuries as a result of
accidents or causing death or disablement, bonded labour, contract labour, women labour and child
labour, resolution and adjudication of industrial disputes, provision of social security such as
provident fund, employees’ state insurance, gratuity, provision for payment of bonus, regulating
the working conditions of certain specific categories of workmen such as plantation labour, beedi
workers etc.

Labour Laws for Organised Sector

Indian labour law makes a distinction between people who work in "organised" sectors and people
working in "unorganised sectors".The laws list the different industrial sectors to which various

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Constitution of India,1950

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labour rights apply. People who do not fall within these sectors, the ordinary law of contract
applies.

India's labour laws underwent a major update in the Industrial Disputes Act of 1948. Since then,
an additional 45 national laws expand or intersect with the 1948 act, and another 200 state laws
control the relationships between the worker and the company. These laws mandate all aspects of
employer-employee interaction, such as companies must keep 6 attendance logs, 10 different
accounts for overtime wages, and file 5 types of annual returns. The scope of labour laws extend
from regulating the height of urinals in workers' washrooms to how often a work space must be
lime-washed.2

Inspectors can examine workspace anytime and declare fines for violation of any labour laws and
regulations.

Workmen's Compensation Act of 19233

The Workmen's Compensation Act compensates a workman for any injury suffered during the
course of his employment or to his dependents in the case of his death. The Act provides for the
rate at which compensation shall be paid to an employee. This is one of many social security laws
in India.

Trade Unions Act of 1926

This Act enacted the rules and protections granted to Trade Unions in India. This law was amended
in 2001. This act summarizes all modalities pertaining to registration of trade union to decision of
trade related disputes. This act sets guidelines for both the workers and the industrialists. The Act
deals with the registration of trade unions, their rights, their liabilities and responsibilities as well
as ensures that their funds are utilised properly. It gives legal and corporate status to the registered
trade unions. It also seeks to protect them from civil or criminal prosecution so that they could

2
Fair Labour Associaltion < http://www.fairlabor.org/blog/entry/fair-labor-association-secures-commitment-limit-
workers-hours-protect-pay-app l3es-largest.> accessed on September 2015
Workmen’s Compensation Act, 1923

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carry on their legitimate activities for the benefit of the working class. The Act is applicable not
only to the union of workers but also to the association of employers.

Payment of Wages Act of 19363

The Payment of Wages Act regulates by when wages shall be distributed to employees by the
employers. The law also provides the tax withholdings the employer must deduct and pay to the
central or state government before distributing the wages.

Industrial Employment (Standing orders) Act of 1946

This Act shows the intervention of government in each and every sphere of industrial employment
as it requires employers in industrial establishments to define and post the conditions of
employment by issuing so-called standing orders. These standing orders must be approved by
the government and duly certified. These orders aim to remove flexibility from the employer
in terms of job, hours, timing, leave grant, productivity measures and other matters. The
standing orders mandate that the employer classify its employees, state the shifts, payment of
wages, rules for vacation, rules for sick leave, holidays, rules for termination amongst others.

Industrial Disputes Act of 1947-

The Industrial Disputes act 1947 is considered to be one of the most complex legislation in terms
of labour laws as it regulates how employers may address industrial disputes such as lockouts,
layoffs, retrenchment etc. It controls the lawful processes for reconciliation, adjudication of
labour disputes. The Act also regulates what rules and conditions employers must comply
before the termination or layoff of a workman who has been in continuous service for more
than one year with the employer. The employer is required to give notice of termination to
the employee with a copy of the notice to appropriate government office seeking
government's permission, explain valid reasons for termination, and wait for one month

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THE PAYMENT OF WAGES ACT, 1936.

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before the employment can be lawfully terminated. The employer may pay full compensation
for one month in lieu of the notice. Furthermore, employer must pay an equivalent to 15 days
average pay for each completed year of employees continuous service. Thus, an employee who
has worked for 4 years in addition to various notices and due process, must be paid a minimum of
the employee's wage equivalent to 60 days before retrenchment, if the government grants the
employer a permission to lay off.

Chapter V-B of the Industrial Disputes Act, 1947, which provides for obtaining a prior
permission of the Government for effecting rationalizing measures like lay-off, retrenchment or
closure where the industry employees more than 100 workers, hampers industry’s initiative to be
competitive and face global challenges.

Government should consider implementing the proposed recommendation in stages and to begin
with the threshold limit of 100 employees be raised to 300 employees. The issue of compensation
may however be discussed. This has also been recommended by the 2nd National Commission on
Labour.

Minimum Wages Act of 19484

The Minimum Wages Act prescribes minimum wages in all enterprises, and in some cases those
working at home per the schedule of the Act. Central and State Governments can and do revise
minimum wages at their discretion. The minimum wage is further classified by nature of work,
location and numerous other factors at the discretion of the government. The minimum wage
ranges between Rs. 143 to 1120 per day for work in the so-called central sphere. State governments
have their own minimum wage schedules.5

Industries (Regulation and Development) Act of 1951-

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Minimum Wages Act, 1948.
5
“Minimum wage differs for each Indian state”<http://labour.nic.in/annrep/annrep0405/english/Chapter5.pdf
> accessed on 1 September 2015. 7 Employees Provident Fund Act, 1952. 8 Maternity Benefit Act,1961

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This law declared numerous key manufacturing industries under its First Schedule. It placed many
industries under common central government regulations in addition to whatever laws state
government enact. It also reserved over 600 products that can only be manufactured in small
scale enterprises, thereby regulating who can enter in these businesses, and above all placing
a limit on the number of employees per company for the listed products. The list included all
key technology and industrial products in the early 1950s, including products ranging from certain
iron and steel products, fuel derivatives, motors, certain machinery, machine tools, to ceramics and
scientific equipment.

Employees Provident Fund and Miscellaneous Provisions Act of 19527

This Act seeks to ensure the financial security of the employees in an establishment by providing
for a system of compulsory savings. The Act provides for establishments of a contributory
Provident Fund in which employees' contribution shall be at least equal to the contribution payable
by the employer. Minimum contribution by the employees shall be 10-12% of the wages. This
amount is payable to the employee after retirement and could also be withdrawn partly for certain
specified purposes.

Maternity Benefit Act of 19618

The Maternity Benefit Act regulates the employment of the women and maternity benefits
mandated by law. Any woman employee who worked in any establishment for a period of at
least 80 days during the 12 months immediately preceding the date of her expected delivery,
is entitled to receive maternity benefits under the Act. The employer is required to pay
maternity benefits, medical allowance, maternity leave and nursing breaks.

Payment of Bonus Act of 1965

This Act, applies to an enterprise employing 20 or more persons. The Act requires employer to pay
a bonus to persons on the basis of profits or on the basis of production or productivity. The Act

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was modified to require companies to pay a minimum bonus, even if the employer suffers losses
during the accounting year. This minimum is currently 8.33 percent of the salary.

Payment of Gratuity Act of 1972

This law applies to all establishments employing 10 or more workers. Gratuity is payable to the
employee if he or she resigns or retires. The Indian government mandates that this payment be at
the rate of 15 days salary of the employee for each completed year of service .

A uniform definition of terms like ‘industry’ and ‘worker’ is necessary across statutes. For better
interpretation and understanding, industry should be termed as ‘enterprise’ and workman should
be termed as ‘employee’.

Multiplicity of labour laws has promoted multiple inspections, returns and registers. To avoid
these, a single Labour Authority dealing with all aspect of labour, self-certification and a single
consolidated return should be put in place. We are given to understand that the Labour Ministry
has initiated developing a single web portal to address the issue of self-certification and
return.Reduction/reforms in dispute settlement mechanisms between labour and employers. There
are more than 4 levels of dispute settlement which are available after arbitration. These should be
reduced to maximum one or two levels on a priority basis. So far the applicability of labour laws
is concerned the MSME sector is treated at par with large scale enterprises with similar rigorous
provisions in the legislations. Whereas, MSME enterprises should be subjected to few simple and
less cumbersome labour laws which make compliance easier.

FICCI suggested that a separate set of simple labour laws should apply to enterprises employing
less than 50 employees to promote micro and small enterprises with a self-contained code covering
laws on employment relations, wages and social security. These enterprises termed as ‘smaller
enterprises’ should be exempted from the application of the Industrial Disputes Act, 1947 and the
Industrial Employment (Standing Orders) Act, 1946 as recommended by the 2nd National
Commission on Labour.

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The Factories Act, 1948 applies to a manufacturing unit employing 10 workers if the work is
being done with the aid of power, or employing 20 workers without the aid of power. This limit
was fixed more than 60 years back, and since then many safe and hazard free
technologies/processes have been developed and are being used. Yet, even smaller units employing
as low as 10 workers are subjected to the same elaborate and harsh provisions of the Factories

Act, 1948. In order to escape the rigorous provisions of the legislation, many times the small
manufacturing units employ less than the threshold limit and employment is directly affected.
FICCI therefore recommended that the definition of factory under section 2(m) of the Factories
Act be amended to cover a manufacturing unit employing 20 workers if working with the aid of
power or employing 40 workers if working without power

Labour Laws and Unorganised Sector

On 18 December 2008 Parliament approved the Unorganised Workers’ Social Security Bill, 2008
thus converting it into an act. Several commissions that examined the condition of these workers
as well as grass roots organisations of rural labourers and unorganised workers and even politicians
across parties have raised several concerns about their status in post-independent India.
Expectations were therefore high that such an act would have the power to bring freedom to the
“unfree”.

In India, existing social security schemes primarily cover the organised sector, i.e., government
servants and the private sector under the Employees’ Provident Fund and New Pension Scheme.
The act estimates that workers in the unorganised sector constitute more than 94% of the total
employment in the country. Certain welfare programmes already exist at the state and central
levels. The centrally-sponsored National Old Age Pension Scheme, for example, provides Rs 200
per month to all persons of 65 years and above living below the poverty line.2 About 0.4 per cent
of unorganised sector workers receive social security benefits like Provident Fund.3 The
government set up the National Commission for Enterprises in the Unorganised Sector
(NCEUS) to study the status of workers in the unorganised sector. The commission made a
number of recommendations to address the social security and minimum conditions of work

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for both agricultural and non-agricultural workers in the unorganised sector and suggested
two Act – one for each sector.

The Unorganised Sector Workers’ Social Security Act, 2008-This Act provides an enabling
framework for welfare schemes targeting unorganised sector workers. It establishes boards at the
central and state levels to advise and help in formulating, implementing and monitoring social
security schemes. It also establishes a registration system to provide unorganised sector workers
with portable identification cards.

The Act enables the central government to formulate welfare schemes for unorganised sector
workers regarding (i) life and disability cover; (ii) health and maternity benefits; (iii) old age
protection; and (iv) any other benefit decided by the government. Eleven existing social security
schemes for the unorganised sector workers are listed in this Act.* The central government may
modify this list by notification. The Act also enables state governments to formulate welfare
schemes related to (i) the provident fund; (ii) employment injury benefits; (iii) housing; (iv)
educational schemes for children; (v) skill upgradation of workers; (vi) funeral assistance; and (vii)
old age homes.

Any notified scheme may be wholly funded by the central or state government or both, and could
require contributions by the beneficiaries of the schemes or their employers.

Welfare schemes introduced under this Act will not affect existing welfare schemes of any state
that may be more beneficial to unorganised sector workers.

Creation of State and National Social Security Advisory Boards

The Act establishes a national level Social Security Advisory Board to: (a) recommend ‘suitable’
welfare schemes for different sections of unorganised sector workers; (b) advise the central
government on the implementation of this Act; (c) monitor relevant centrally administered welfare
schemes; and (d) review state level record keeping functions and expenditures under various
schemes. The national board will consist of an appointed chairperson, a member secretary, and 31
nominated members.

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The Act also establishes state level Social Security Advisory Boards. The state boards will have
similar functions as the central board at the relevant state and district levels. Each state board will
consist of an appointed chairperson, a member secretary, and 26 nominated members.

Registration and Smart Cards for Unorganised Sector Workers

Unorganised workers must apply for registration with the district administration. An individual
must be 14 years or older and should declare that he is an unorganised sector worker. Upon
registration, the district administration will issue a portable smart card carrying a unique
identification number.

If a scheme requires contribution from the registered unorganised worker, he will be eligible for
social security benefits under that scheme only if he has made the required contribution

CRITIQUE AND SUGGESTIONS-

The act should be welcomed as the first attempt to legislate social security for unorganised workers,
but the only recommendation that it has accepted in toto from the commissions is that of
registration of workers and issuance of identity cards in the form of a smart card bearing a unique
social security number. In its present form however it falls short of ensuring the workers their
rights.

Verification of identity 6

The Act allows an unorganised sector worker to apply for registration with the district
administration provided that he has completed 14 years of age and makes a self-declaration that he
is an unorganised sector worker. It is unclear whether there would be any verification process to
ascertain whether the individual is indeed in the unorganised sector.

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Clause 9(1)(a) , The Unorganised Sector Workers’ Social Security Act, 2008

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Time limit

The Act does not set a specific time limit within which the administration must issue the
registration to the worker. 10

Self-employed Worker and Wage Worker

The Act defines both a ‘self-employed worker’ and a ‘wage worker’ based on “a monthly earning
of an amount as may be notified by the central government or state government from time to time”.
It is not specified whether this would be an upper limit on the monthly wage.

Unorganised Sector Worker

According to Definition clause of the Act-

“unorganised sector’’ means an enterprise owned by individuals or self-employed workers and


engaged in the production or sale of goods or providing service of any kind whatsoever, and where
the enterprise employ workers, the number of such workers is less than ten;”

“unorganised worker” means a home based worker, self employed worker or a wage worker in
the unorganised sector and includes in the organised sector who is not covered by any acts
mentioned in Schedule II to this Act.11

The Bill defines an ‘unorganised sector worker’ as “a home-based worker, a self-employed worker
or a wage worker in the unorganised sector”. This phrase is ambiguous; it is unclear whether the
home-based and self-employed workers must also be in the unorganised sector to qualify. Also,
whereas the Bill sets a “monthly earning” to define self-employed worker and wage worker, there
is no such limitation in the definition of a home-based worker.

Wage Issue-

As of today the minimum wage is fixed by state governments, according to regions within a state,
and according to occupation and skill of the labour. The minimum wages are neither

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C lause 9(3) , The Unorganised Sector Workers’ Social Security Act, 2008

Clauses 2(j), 2(m) The Unorganised Sector Workers’ Social Security Act, 2008
revised on time by the state governments nor enforced with any modicum of seriousness. On the
crucial issue of national minimum wage the act has maintained a deafening silence. There are no
penal sections to curb malpractices like non-payment of wages, paying less than minimum wages,
delays in payment, unequal remuneration, etc. Wage-related problems are a regular feature of the
unorganised sector.

Grievance redressal

The act has come up with an impractical provision that every scheme formulated by the
government shall include its own mechanism of grievance redressal. The author’s experience in
Maharashtra shows that women beneficiaries of the niradhar yojanas (social assistance schemes
for destitute persons with a large percentage of women amongst the beneficiaries) face a number
of problems including corruption, delays, and harassment in the government offices as well as
banks and post offices. No official forum exists to ensure that grievances like these are heard and
addressed.

Workers’ Facilitation Centres and Panchayati Raj Institutions: The act fails to exploit the full
potential of two structures that together could have given teeth to the enactment. These are: (a) the
workers’ facilitation centres (WFC), and (b) panchayati raj institutions. Instead of restricting its
activities to awareness generation and acting as a clearing house for applications, the WFC could
have been entrusted with the task of registration of workers and maintaining records at the local
level. The WFC should have been set up at the block level and connected with the gram panchayats
or municipal bodies for taking the benefits closer to the workers.

According to a World Bank report in 2008, heavy reform would be desirable. The executive
summary stated,

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“ India's labor regulations - among the most restrictive and complex in the world - have
constrained the growth of the formal manufacturing sector where these laws have their
widest application. Better designed labor regulations can attract more labor- intensive
investment and create jobs for India's unemployed millions and those trapped in poor
quality jobs. Given the country's momentum of growth, the window of opportunity must
not be lost for improving the job prospects for the 80 million new entrants who are expected
to join the work force over the next decade

AADHAR card scheme can be used to solve the major issues of this legislation. Labour laws are
in the phase of the transformation and unorganized sector should be our priority. Government
should spend ample amount on awareness campaigns so as to make illiterate people aware of the
schemes and laws to which they are beneficiary. Labour laws of the organized sector should be
relaxed so as to accommodate the unorganized sector. This will increase the employment growth
and will boost the Indian economy. The more we move towards industrialization, the more
employment generation will be there and industries demand labour reforms. The need of the hour
is to strike a golden balance rather than the present one sided laws which are affecting the business
industry and making Indian labour laws most complex in the world.

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BIBLIOGRAPHY

1. Malik P.L (2013), Labour Law And Industrial Law, Second Edition,Eastern Book Company.

2. Dewett,K.K,& Navalur,M.H.(2014).Modern Economic Thoery.New Delhi,India.S.Chand

3. Kumar H.L(2014), Labour Laws Every One Should Know, New Delhi, Universal Publcation.

PRS Legislative Research.

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