Constitution of India is the touchstone for labour legislation in India

Abdullah Yasa Ali

The constitution of India has conferred innumerable rights on the protection of the rights of
the labour. An important feature of the constitution is the Directive Principles of State Policy.
Also, these are asserted to be fundamental in the governance of the country, they are not
legally enforceable. Instead, these are the rulings which guide in creating a social order
characterized by the social, economic, political justice, liberty, equality, and the fraternity as
been enunciated in the constitution’s preamble.
The Constitution of our country India is the touchstone for any of the Act which is enacted in
our country India. The Constitution of India is the largest scripted Constitution among of any
country in the world. Each and every Act which was active prior to the coming in force of the
constitution were either amended or totally replaced with the new ones as they became
obsolete after its coming into force. Our constitution plays a very significant role in bringing
the changes and positive development in labour legislations in India. The Fundamental Rights
and Directive Principles of State Policy enshrined in the Part III and Part IV lists working
class related remarkable laws.
The role of the state in providing the opportunities related to the employment, social services,
education and environmental protection and this cannot be denied. For example if we see the
instances of the developing countries likes of India, here the state is seen as an important
source of employment and provider of the welfare. The state has the very obligation to divise
the policies that will improve the living standards of the citizens of the country which can be
done with the coordination and the cooperation of the various social groups like the NGOs
and the private sectors through CSRs.

Labour Laws embedded in Fundamental Rights

The defining standard for India's labour laws is found in Part III of our nation's Constitution.
The fundamental rights of its residents are also covered in Part III (Articles 12 to 35) of the
constitution. These rights include equality before the law, freedom of speech and expression,
and prohibitions against the employment of children in factories.

Article 14
Equal treatment under the law, which is defined as "Equal compensation for equal work" in
the labour laws. This does not imply that Article 14 is infallible. Regarding labour
regulations, it also has a few exceptions, such as those relating to physical ability and the
remuneration of skilled and unskilled labour based on merit.
Even though the notion of equal pay for equal work is not defined in the Indian Constitution,
the Apex Court stated in the case of Randhir Singh v. Union of India that it is a goal that
should be pursued in accordance with Articles 14, 16, and 39(c) of the Indian Constitution.

Article 19 (1) (c)

It ensures the right of the nation's residents to organise into unions or other groups. This
Constitutional Article is how the Trade Union Act of 1926 operates. Through the creation of
trade unions, it enables employees to form trade.

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Trade unions give people the ability to speak out against crimes committed against
employees. With urbanisation, labourers gain more influence. Trade unions talk to employers
about a variety of labor-related issues, and then they stage strikes and other protests to bring
their concerns to the attention of the relevant authorities.

Article 23
Forced labour is forbidden by the constitution. When the British colonised and ruled India,
forced labour was used extensively throughout the country. They were forced to perform
tasks against their will. They were forced to labour, whether they wanted to or not.
Furthermore, they did not receive compensation for their work. Landlords and the
government at the time were both notorious for their involvement in forced labour.
Forced and bonded labour are both common in today's world. However, it is a crime that is
sanctioned by the law. All forms of bonded labour are outlawed and unlawful under the
Bonded Labour (Abolition) Act of 1976.

Article 24
The Constitution forbids child labour in all forms. A child under the age of 14 cannot be hired
to work. Child labour was a major issue for our nation in the past, and it still exists today,
albeit on a smaller scale. The punishment for violating Article 24 is severe.

Relevancy of Part IV (Article 36-51) on Labour Laws

The wellbeing of its population is a goal of Part IV of the Indian Constitution, commonly
referred to as the "Directive Principle of State Policy." Although DPSP cannot be enforced in
a court of law, it gives India's legislature direction when drafting labour laws.

Article 39 (a)
The State shall, in particular, focus its policies on ensuring that all citizens, men and women,
have an equal right to a sufficient means of subsistence. It implies that each and every
resident of the nation has the right to a living without facing sex-based discrimination.

Article 39 (d)
According to the Constitution, the state is required to focus particularly on ensuring equal pay
for equal work for both men and women. The amount of work completed by the employee
will be taken into account for determining pay, not the worker's sex.

Article 41
Every citizen of the nation has the "Right to Work," which is guaranteed by the Constitution,
and the state will do everything in its power to protect that right and the right to an education.

Article 42
It is ensuring that the workers' working conditions are improved. It discusses establishing a
suitable and compassionate environment. The issue of maternity benefit in the form of a leave
given to women while they are pregnant is also discussed in this response.

Article 43

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It speaks of providing its residents with a "living wage." A living wage covers not just one's
fundamental need but also one's social and cultural advancement. It also covers a person's
insurance and education.
The State is required to work tirelessly and make attempts to expand opportunities in the
domains of agriculture and industry, with a focus on cottage enterprises.
Constitution of India is the basic and the base of all laws in the country. The high rise
buildings of the legislations have to be the constitutional framework in as the foundation. The
labour legislations are also made up with respect to the constitution and similarly any
violation of the guidelines of the constitution will collapse the building of the legislation no
matter how high it is. Thus the law will be abolished with the immediate effect. The Directive
Principles of the State Policy play a very major role in the making of the new labour
legislations in India.

Conclusion
India has gone a long way. Labour legislations are concrete examples of implementation of
the Directive Principles and other guaranteed provisions in this matter. Although such
criticisms have some merit, nevertheless it is also to be remembered that these serve a
purpose and also an important one. They set up an ideal foundation for the ideal welfare state.
And if properly and judiciously implemented then it will lead India to as a country of an ideal
state of welfare where every citizen’s need are taken care of. The governments may come and
go but these sort of directions must lasts forever. Constitutional aspect and its relevance
cannot be ignored in matter of labour legislations too. First President of India, Dr. Rajendra
Prasad had said in a speech, ‘If the people who are elected are capable and men of character
and integrity, they would be able to make the best even out of the defective constitution. If
they are lacking in these the best constitution can not even help the country.’ Despite
challenges the attainable targets have been achieved. If we can make the policies more
inclusive and expand the social security, it will be indeed a major achievement for us India as
the country.

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 New labour codes and Labour empowerment in India
Abdullaah Yasa Ali

To give up an overview of the provisions of the new labour codes introduced in India and the
status of implementation. In India several legislations have been enacted to promote the
condition of the labour. There are 44 labour related statutes promulgated by the Central
Government of which the 29 legislations are being amalgamated into new codes. The further
codes will be elaborated and is discussed further in the answer on the lines of the question.
Labour lies under the Concurrent List of the Constitution. In near time the People’s Body
Parliament passed three Labour Codes. These three are as follows:
● On industrial relations,
● On occupational safety,
● On health and working conditions and social security.
This is in the interest of the process to simplify the nation’s guiding labour laws and give
impulsive growth to economic activity without creation of condition or elimination of
exploitation maximum which is possible out, for the positive interest of the workers and
labours.
These Labour Codes can be a revolutionary step; these codes can have appreciably positive
impact on labour relationship in India. Along with the ‘Code on Wages Act 2019’ these can
be of great significance and greatly ease the mechanism of the business by conglomerating a
set of Union and State Legislations on labour.
The labour codes were adopted on the directions received from the Second National
Comission on Labour (2002), which hinted the cumulating of 100 State Legislations and 40
Union Legislations across industries, occupations and regions.

Labour Codes in present Legislative Framework

● The code of security of society replaced 9 laws on social security, which also includes
Employees’ Provident Fund Act, 1952, and the Maternity Benefit Act, 1961.
● Industrial Relations Code contains Industrial Disputes Act, 1974, the Trade Unions
Act , 1926; and Industrial Employment (Standing Orders) Act, 1946.
● The Occupational Safety, Health and Working Conditions Code replaces 13 Labour
Legislations.

Major outlooks in the Three Labour Codes

● Industrial Relations Code Bill 2020
The code via its provisions make way easier or facilitate the companies to hire and fire the
workers. Companies in which about 300 workers are employed will not be required for the
framing of rules of conduct for the workmen employed in the industrial establishments. At
present there is compulsion for a firm employing up to 100 workers.

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It puts up that workers in the factories will have to give notice at least 14 days in advance to
employers if they want to go to on the strike. Along this each and every industrial
establishment employing 20 or more workers will have one more Grievance Redressal
Committees for the matter of resolving the disputes which arises out of the interests or the
grievances of the employees. The code also set ups a setting or system of a reskilling fund to
help skill retrenched workers.

● Occupational Safety, Health and Working Conditions Code Bill, 2020

It spells out duties of employers and employees and envisages safety standards for the
different sectors which focus on the issues like of health and working condition of the
workers, their working hours and the system of leaves etc. The code also recognized the right
of the contractual workers. The code provides employers the flexibility to employ workers on
the fixed term basis and also on the basis of requirement and without restriction in any in any
of the sector. More significantly we can say that it also provides for statutory benefits like
social security and the wages to the fixed term employees at par with their permanent
counterparts. It also evidently states that no worker will be permissible to work in any of the
establishments for more than 8 hours a day or more than the 6 days in a week. In the cases of
the over time an employee should be paid twice the rate of his / her wage. It will be
applicable to the small establishments which have even also the workers up to the number of
10 workers. The code also brings in the gender equality and also empowers the workforce of
woman. Women will also be entitled to be employed in all establishments for all types of
work and with the consent can work for before 6 am. And beyond 7 pm. Subject to such
conditions relating to the matter of the safety, holidays and working hours. For the very first
time the labour code also recognizes the rights of the transgenders. It makes it mandatory for
industrial establishments to provide washrooms, bathing places and locker rooms for male,
female and transgender employees.

● Code on Social Security Bill, 2020

This will be the major code as it will replace nine social security laws, including Maternity
Benefit Act, Employees’ Provident Fund Act, Employees’ Pension Scheme, Employees’
Pension Scheme, and Employees’ Compensation Act, among others. The code universalizes
social security coverage to those working in the unorganized sector with the likes of migrant
workers, gig workers and platform workers. For the very first time the provisions of the
social security will also be extended to the agricultural workers also. The code also reduces
the time limit of the period for receiving gratuity payment from the continuous service of five
years to one year for all the kinds of the employees, contract labour, daily and monthly wage
workers.

Significance of the Labour Codes

● Consolidation and Simplification of the Complex Laws
The three codes simplify labour laws by consolidating 25 central labour laws that have been
on the table for at least for about 17 years.

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It will provide a big boost to the industry and the employment related or attached with it and
this will reduce multiplicity of the definition and multiplicity of the authority for the
businesses.

● Single License Mechanism

The codes in the proposed policy provide for the single licensing mechanism. It will give the
industry the much needed push or the boost by ushering in the substantive reform in the
licensing mechanism. Currently industries have to apply for their license under the different
laws.

● Easier Dispute Resolution

The codes proposed also here in simplify the archaic laws dealing with the industrial disputes
and revamp about the process of adjudication. This will also pave the way for the early
resolution of the disputes.

● Ease of Doing Business

According to the industry and the some of the economists, these types of forms shall boost
the investment and will improve the ease of doing the business. It evidently and very sharply
reduces the complexity and the internal contradictions, increases flexibility and modernizes
the regulations on safety or the working conditions of the respective establishment.

● Other benefits for Labour

The three codes will promote fixed term employment, reduce the influence of the trade
unions and expand the social security net for the informal sector workers.

Concerns with respect to the Labour Codes

● Against the interest of the employees
The code offers the liberty to the industrial establishments to hire and fire the employees
there on their will. This move which the code facilitates might enable the companies to
introduce arbitrary service condition for workers.
● Free Hand to States
The central government has also attracted the criticisms that the states have been provided
free hand to exempt laws in violation of the of the labour rights. But however, the Union
Labour Minister has said that the labour issues is in the Concurrent List of the Constitution
and therefore states have been given the flexibility to make the changes as they wish to do so.

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 ● Affect the Industrial Peace
Industrial Relation Code proposes that the workers wh o are in the factories will have to give
surely a notice at least 14 days in advance to the employers, if they have decided to go on to
the strike.
But however earlier if we see the Standing Committee on Labour had recommended against
the expansion of the required notice period for the strike beyond the public utility services
with the likes of water, electricity, natural gas, telephone and other essential services.
Further also the Bhartiya Mazdoor Sangh has also opposed the Code describing it as a clear
attempt to diminish the role of trade unions.

Conclusion
The Periodic Labour Force Survey observes that the 71 % of the regular wage or the salaried
workers working in the agriculture sector did not have a written contract and also the 50 %
were without the social security cover. The new laws by the means of the simplifying
compliance or the creation of the incentive for the workforce compilation.
There is also its own significance attached with the code. The new labour codes will help in
the increasing the pace of the generation of the good quality jobs to cater to the demand to the
growing workforce and their rising aspirations and also to absorb the out migration of labour
from agriculture. This way the beloved country India can fully be able to capitalize on its
inherent labour and the skill cost and will prove to be a fast - economic recovery especially
the post Covid 19.