Labour law

Labour law defines the rights and obligations as workers. • As such. working people and their organizations. • In other words. and restrictions on. employers and employees. it mediates many aspects of the relationship between trade unions. union members and employers in the workplace . administrative rulings. and precedents which address the legal rights of.INTRODUCTION • Labour law also known as employment law is the body of laws.

including general holidays. unfair dismissals. layoff procedures and severance pay. labour‐management relations. . collective bargaining and unfair labour practices • Workplace health and safety • Employment standards. minimum wage.Generally. annual leave. working hours. labour law covers: • Industrial relations – certification of unions.

There are two broad categories of labour law. employer and union. • First. • Second. individual labour law concerns employees' rights at work and through the contract for work . collective labour law relates to the tripartite relationship between employee.

To keep labour costs low.The right to organize .The demands of workers for better conditions .History of Labour laws • Labour law arise due to . International Labour Organisation (ILO) was one of the first organisations to deal with labour issues .The simultaneous demands of employers to restrict the powers of workers in many organizations and .

• by providing a framework within which employers.Purpose of labour legislation • it establishes a legal system that facilitates productive individual and collective employment relationships. . 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. and therefore a productive economy. workers and their representatives can interact with regard to work‐related issues.

and the restriction of women in night employment. While the impact of this measure was clearly welfares the real motivation was undoubtedly protectionist. . • Thus India received the first stipulation of eight hours of work. the abolition of child labour.Evolution of Labour law in India 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 Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile magnates of Manchester and Lancashire. and the introduction of overtime wages for work beyond eight hours.

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

• Ultimately the Industrial Disputes Act (the Act) brought into force on 01.04.• The content of this partnership was commonly approved in a tripartite conference in December 1947 • 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 • All concerned would observe a truce period of three years free from strikes and lockouts.1947 repealing the Trade Disputes Act 1929 has since remained on statute book. .

19.Constitutional provisions with regard to labour laws • 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. 42. 43. 23 & 24) and Chapter IV (Articles 39. . 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. 41.

Constitutional Status .

. 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.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.

• These Directive Principles provide a. The tender age of children are not abused. men and women.• 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. the Government shall take steps. d. and e. just and humane conditions of work and maternity relief are provided. Citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. establishments or other organizations engaged in any industry . to secure the participation of employee in the management of undertakings. by suitable legislation or in any other way. c. For securing the health and strength of employees. b.

Labour policy in India • To specific needs of the situation to suit requirements of planned economic development and social justice and • Two fold objectives.namely maintaining industrial peace and promoting the welfare of labour .

150 crores or more. • Vital industries and establishments declared as `public utilities` • Special conciliation mechanism for projects with investments of Rs. • Industrial Relations committees in more sectors. .Labour Policy Highlights • Creative measures to attract public and private investment. • Social security cards for workers. • Reprioritization of allocation of funds to benefit vulnerable workers. • Model employee‐employer relationships. • Long term settlements based on productivity. • Creating new jobs • New Social security schemes for workers in the unorganized sector. • Unified and beneficial management of funds of Welfare Boards.

• Efficient functioning of Labour Department. • Rehabilitation packages for displaced workers. • More labour sectors under Minimum Wages Act. • constitutional amendments for expediting and streamlining the mechanism of Labour Judiciary.• Labour Law reforms in tune with the times. Empowered body of experts to suggest required changes. . • Modern medical facilities for workers. • Amendments to Industrial Disputes Act in tune with the times. • Joint cell of labour department and industries department to study changes in laws and rules. • Revamping of curriculum and course content in industrial training. Computerization and updating of data base. • Child labour act to be aggressively enforced. • Restructuring in functioning of employment exchanges.

and precedents which address the legal rights of. administrative rulings.LABOUR LAWS IN INDIA • The term ‘labour’ means productive work especially physical work done for wages. • Labour law also known as employment law is the body of laws. working people and their organizations . and restrictions on.

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