CMR UNIVERSITY

SCHOOL OF LEGAL STUDIES

SUBJECT: LABOUR LAW II

TOPIC: ARTICLE REVIEW- EMERGING PERSPECTIVES IN LABOUR

REGULATION IN THE WAKE OF COVID-19

SUBMITTED TO:

PROF.AMRITA MALIK

SUMITTED BY:

ARUNDHATHI.K. S

18DBLBT005

LLB, 3YEARS, 5THH SEM

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EMERGING PERSPECTIVES IN LABOUR REGULATION IN THE WAKE OF
COVID-19

1.INTRODUCTION:

In this article Kamala Sankaran discussed about the loss of employment during the COVID
and what were the challenges faced by the labours when COVID reached to centre stage. The
migrant workers who were struggling to return back to their home town by walking miles. This
article mainly discussed three main topics such as follow as below: -

1.The reforms underway in response to COVID- 19 in which in this para the author discussed
about the measures taken by the central government in behalf of the workers.

2.In the constitution and its framework for regulation the author discussed about the
constitution framework to help the workers with help of case law.

3.In the direction for future reforms of labour regulation the author discussed about the codes
which were amended for the future reform of labour regulations.

2.SUMMARY:

The author discussed about the condition of labours during the COVID situation in the India
and how the government has helped the labours. the author spoke about three topics in this
article that is (i) Reforms underway in response to the COVID-19 (ii) The constitution and its
framework for regulation (iii) Direction for future reforms of labour regulation.

(i) Reforms underway in response to the COVID-19

In this para the author discussed about the lockdown and loss of employment which was
challenges of the COVID crisis for labours. And many labours were returned back to there
home town for the loss of employment who work on daily basis walking miles because
there were proper transportation facilities. Under this reform the state government had
placed the measures in which to help the business by improving the perceived rigidities of
the labour market and to reduce the protection of the labour for the efforts of the industry
and employment. And finally, author spoke about the occupational safety, health and
working condition code which was amended in the labour laws for helping the workers.

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(ii) The constitution and its framework for regulation

Under this heading the author mainly focused on the right to life and how it is connected to
the labours through the law and policy against the constitutional frame work. He told that
the separation of powers in our constitution scheme the law and policy in which it was used
to test the legislature. The author also discussed about the directive principles of state policy
and article 21 and article 41.

(iii) Direction for future reforms of labour regulation

The author has farmed this reform of labour regulation keeping in mind of constitution and
its framework for regulation. In this particular topic the author specified on the codes which
was farmed for labours such as code on wage, formulation and other important regulation
of codes and ILO.

3. ANALYSIS: -

In this article author main focus is that how government has taken steps to help the labours
who were working on day to day basis. After this COVID situation which arose in the
country it became like burden to labours who were working for daily wages so author have
recognized the labours who were walking back to there home towns walking miles without
proper transportation to go back to there villages. But on other hand state government made
the rigid policies to maintain the labour market which in turn reduced the protection of
labours which was the plus point to the industry and employment in which if anything
happens, the burdens will not fall on the employment and industry.

When this pandemic started in the month of the April and may 2020 which more then 10
states extended the working hours from 10 hours and 12 hours a day later many industries
took a call to retrenchment, closure or lay-off compensations to the employers. This
COVID made to loss of jobs in many industries which it created the inefficiencies in the
market and unfailing of regularity. The author other hand told that there were positive
effects of regulating the parties and protecting the many industry in this unequal labour
market.

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The author also pointed out that to help the labours the central government amended the
codes covering wages, social security, occupational safety, health and working conditions
and industrial relations these codes helped in framing the regulations.

The author in the constitution framework regulation discussed on the right to life and
compared with labours life. In which author kept in mind of directive principles of state
policy (DPSP) and fundamental right especially article 21 which speaks about right to life
and personal liberty which says that there will be right to livelihood in India, livelihood
does not always expand into right to demand work in India but also to obtain waged
employment, non -discrimination, and non-exploitation and this constitutional frame work
also ensured the employers the safety working conditions, minimum wages and social
security and this author right to life also made the employee to get right to earn the
livelihood to live the life for the day to day basis and author spoke about the article 41 of
the constitution which talks about economic capacity and development which says that
right to work so author told that universal protection of regulatory framework are a
constitutional duty to provide protection to the labours regulation in India. And another
obligation to protect the labours are from ILO.

And finally, the author discussed about the codes which were farmed for the future reforms
of labour regulations which mainly spoke about the workers and employees (OSH), but
author told this code as loophole which ignore the domestic workers and unpaid workers.
Though labour laws have the pride of place in regulating labour which covers the branches
of law were the occupational safety and condition of work is not determined in work places
and proper hygiene and author told that there should be incorporation such a broadened
field of operation. And author finally told that ILO convention no 81 should be included
which helps in the inspecting the labour laws and policies with the proper independent
powers.

4.PERSONAL REFELCTION: -

Yes, I agree with some concerns raised by the author in this article to help the labours in
this pandemic situation. Though in this article the author has not covered all the
amendments detailly such as payment of wages act 1936, workers act 1996, factories act
1948, employee’s compensation act, 1923 and the bonded labour system (abolition) act,
1976 and codes such as industrial relation code bill,2020; code on social security bill, 2020.

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Author mainly focused on occupational safety, health and working condition bill 2020 this bill
mainly amended for the labours who are migrant workers who travels from one state to another
state for contractual employment for temporary period for daily wages.

As the name of article states that EMERGING PERSPECTIVES IN LABOUR

REGULATION IN THE WAKE OF COVID-19 the author main aim is the bring out the
problems faced by the labours in this COVID-19 situation and author as drafted this article
very precisely stating how migrant labours are facing the problems by losing there employment
and returning back to there own towns in there in there own towns they have no proper
employment and even starve for food also.

5.CONCULSION: -

Hence, I conclude saying by this article that labour market identifies the effect of the COVID-
19 in shut down of the market, industries and employment which from this situation many
labours migrants lost their jobs and daily works and return back to their home town.

So, by article the author explained in simple form about the problem faced by the labours who
were working on the daily basis. And discussed about the regulations and frame work which
helps the labours to get there rights properly and right to earn their earning in India.

Finally, I conclude saying from this present COVID situation labour market and daily workers
who were migrants are those who would be largely exposed to high risk in this current scenario
as per the author.