LABOUR LEGISLATIONS IN INDIA Presented By- Prof. Ambadas Y. Mohite

Labour legislation:- The term ‘Labour Legislation’ is used to cover all the laws which have been enacted by the government to deal with employment and non- employment, wages, working conditions, industrial relations, social security and welfare of persons employed in industries. According to Mr. V.V. Giri Labour Legislation is “ A Provision for equitable distribution of profits and benefits emerging from industry, between industrialists and workers and affording protection to the workers against harmful effects to their health, safety and morality.” Thus labour legislation refers to all laws of the government to provide social and economic security to the workers. These acts are aimed at reduction of production losses due to industrials disputes and to ensure timely payment of wages and other minimum amenities to workers.

Principles of labour legislations Social justice Social equality Social welfare Social security National economy International uniformity

Nature of Labour Legislation Products of industrial revolution Regards individuals as a worker Deals with problems of labour It is role – relation Regulates conditions of labour

1) Products of industrial revolution:- The labour legislations are the products of industrial revolution and they have come in to being to take care of errors created by it due to specific circumstances. They are different from legislations. Therefore they are specific and not general in philosophy, concept and even in practice. 2) Regards individuals as a worker:- Labour legislation regards the individual as a worker, whereas social legislation consider him primarily as a citizen. Workers being the weaker class of the society, suffer at the hands of the employers. Therefore these set of legislations are aimed at protecting and securing justice to them.

3) Deals with problems of labour:- Labour legislations seek to deal with the problems arising out of the occupational status of individuals. Problems related with hours of work, wages, working conditions, trade unionism, industrial relations are the main subject matter of labour legislations. 4) It is role – relation: Individuals have different roles to perform and different laws are designed for regulation the different roles. It is the role- relation that determines whether a particular legislation falls under the category of labour legislation, social legislation or general legislation.

5) Regulates conditions of Labour:- Labour Legislations are aimed at regulating the conditions of labour, hence they are required to be revised more frequently as compare to general legislations. Unless Labour Legislations are subjected to frequent revision and left to continue as they are, they become absolute and irrelevant.

Objectives of Labour Legislations To protect the workers from profit seeking employers To ensure that the service conditions should be clearly spelt out by the employer to the employee To improve and regulate the conditions of workers employed in different industries and establishments To ensure that the employees are paid their wages on fixed dates and there should be no illegal deductions made from the wages To promote industrial peace and industrial relations To preserve the health, safety and welfare of the workers To protect the interest of women and young persons working in the factories. To maintain the dignity of employees in their organizations

Need for labour legislation Weak labour organizations Occupational insecurity Hazardous working conditions Law and order Achieving socio- economic progress

The need of labour legislation becomes important because of following reasons 1) Weak labour organizations:- Individual worker is economically very weak and is unable to bargain the terms with the employers. Even the labour organizations are relatively weak due to various reasons and in most cases they depend merely on the mercy of employers. Now as the payment of wages, layoff, dismissal, retrenchments, etc. are all governed by the legislations, insecurity of workers is removed to great extent. 2) Occupational insecurity:- The workers in many organization did not get any compensations in case of accidents, deaths etc. As a result the worker faced occupational insecurity. Now benefits such as occupational act, employee state insurance Act etc. have been statutorily given to the employee.

3) Hazardous working conditions:- Workers health and safety is always in danger due to harmful working conditions in some factories. The factories act, contains the number of provisions relating to health and safety of workers. 4) Law and Order:- Labour Legislation is also necessary in order to maintain law and order situation in and outside the industries. 5) Achieving socio- economic progress:- Labour Legislation is one of the most progressive and dynamic instrument for achieving socio- economic progress

Importance of labour legislations Improves industrial relations Minimizes industrial disputes Protects workers from exploitation Ensures job security for workers Promotes healthy work environment Regulates working hours, rest intervals etc. Provides welfare and social security measures Prohibits exploitation and gender discrimination Reduces conflicts and strikes etc. Minimizes labour unrest Helps workers in getting fair wages.

Impact of ILO Labour class is indeed one of the classes most vulnerable to exploitation. Most of the labor legislation in India are pre constitutional. The Credit of various Labour Legislations must be attributed to the ILO as the guideline issued by the ILO formed the principles on which these legislations were drawn. The ILO did have great impact on the labour laws in India. Many new labour laws were enacted as per the different conventions of the ILO. The setting of ILO also saw the amendments of different acts. The positive influence of ILO was seen in the form of recognition of many new kinds of rights that were not available earlier to the labour class. The impact of ILO can be seen in the following fields:- Labour Legislations- until 1919 there were no important Labour Legislation in India. But with the establishment of ILO coupled with trade union pressure in the country has greatly influenced Labour Legislation in India.

With the growth and expansion of the factories and industries new avenues for employment were created, resulting in to gradual migration of labour force from rural areas to urban areas. In the absence of any state controll or organization of the workers, the employers were less concerned about the needs of the employees and their problems. The wages were much below the subsistence (survival) level and the working conditions were unsatisfactory. This situation laid to the enactment of number of legislations beginning from the year 1881. these include the factories act 1881, workmans compensation acts 1923, trade unions act 1926, the payment of wages act 1936, the maternity benefit act 1939 and so on. The factories act 1881 is the basis of all labour and industrial laws of the country. These act was amended, and provisions for health, safety and welfare of the workers were made.

Labour Policy of India   Labour policy in India has been evolving in response to specific needs of the situation to suit requirements of planned economic development and social justice and has two fold objectives, namely maintaining industrial peace and promoting the welfare of labour.

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

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

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, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. 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 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. 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

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.

The legislations can be categorized as follows: Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. Labour laws enacted by Central Government and enforced both by Central and State Governments. Labour laws enacted by Central Government and enforced by the State Governments. Labour laws enacted and enforced by the various State Governments which apply to respective States.

The Employees’ State Insurance Act, 1948 Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement   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 Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976 The Mica Mines Labour Welfare Fund Act, 1946 The Beedi Workers Welfare Cess Act, 1976 The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 The Cine Workers Welfare (Cess) Act, 1981 The Beedi Workers Welfare Fund Act, 1976 The Cine Workers Welfare Fund Act, 1981

The Child Labour (Prohibition and Regulation) Act, 1986. Labour laws enacted by Central Government and enforced both by Central and State Governments The Child Labour (Prohibition and Regulation) Act, 1986. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996. 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 Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 The Maternity Benefit Act, 1961 The Minimum Wages Act, 1948

Cont.. The Payment of Bonus Act, 1965 The Payment of Gratuity Act, 1972 The Payment of Wages Act, 1936 The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 The Building and Other Construction Workers Cess Act, 1996 The Apprentices Act, 1961 Unorganized Workers Social Security Act, 2008 Working Journalists (Fixation of Rates of Wages Act, 1958 Merchant Shipping Act, 1958 Sales Promotion Employees Act, 1976 Dangerous Machines (Regulation) Act, 1983 Dock Workers (Regulation of Employment) Act, 1948 Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 Private Security Agencies (Regulation) Act, 2005

Labour laws enacted by Central Government and enforced by the State Governments The Employers’ Liability Act, 1938 The Factories Act, 1948 The Motor Transport Workers Act, 1961 The Personal Injuries (Compensation Insurance) Act, 1963 The Personal Injuries (Emergency Provisions) Act, 1962 The Plantation Labour Act, 1951 The Sales Promotion Employees (Conditions of Service) Act, 1976 The Trade Unions Act, 1926 The Weekly Holidays Act, 1942 The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 The Workmen’s Compensation Act, 1923 The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 The Children (Pledging of Labour) Act 1938 The Bonded Labour System (Abolition) Act, 1976 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

Thank You ! ---Prof. Ambadas Y. Mohite Mob. No. 9422190871 Email id:- ambajyotimail@rediffmail.com