Contemporary legal cultures.
“Labour Law in India”
Ø Indian labour law refers to law prescribed for labours in India. Traditionally, Indian governments at federal and state level have sought to ensure a high degree of protection for workers, but in practice, legislative rights only cover a minority of workers.
v History of Indian Labour Law.
· The Trade Union Act 1926.
The trade union movement in India was a continuous association of wage earners for the purpose of maintaining or improving the conditions of their working lives.
The unionism was firstly originated from the Great Britain and from there it came to India. The Trade Union in India can be studied by dividing it in three periods.
1. 1st World War.
2. 2 World Wars upto Independence.
3. Independence up to post independence.
v Constitutional Rights.
Ø Constitution of India from 1950 “Labour Rights” is directly concerned. In Articles…
· Everyone should be equal before the law, as per the Article 14.
· Citizens should not be discriminated by the state, as per the section 15.
· Workers should have the Right to Opportunity for employment, as per the Article 16.
· Workers have the rights to form “Associations or Unions”, as per the Article 19.
· All trafficking and forced labour is prohibited, As per the Article 23.
· In a factory, mine or “any other hazardous employment” person less than 14 years old is prohibited, considered as “Child Labour”, As per the Article24.
· An effort should be made for promoting the welfare of the people that too with a social order like “Justice, Social, Economic & Political” shall inform all the institutions of national life, As per the Article 38(1).
· Inequality in Incomes should be minimized, As per the Articles 38(2).
· The National Rural Employment Guarantee Act,2005 attempts to put into practice the “Right To Work”, created by The Article 41.
· “To make provisions for securing and making better human conditions of work, As per the Article 42.
· Workers should get at least a “minimum wage” and also a good condition and environment of work which ensures dignified standard of life,
As per the Article 43.
· Workers should have the Right to participate in the management’s functions,
As per the Article 43A.
v WAGE REGULATIONS.
Ø Minimum Wage and Minimum Wage Act 1947.
· According to The Payment and Wage Act,1936. Employees should receive wages on time and without any unauthorized deduction in the amount.
· Workers should be paid in terms of money, rather than in kind,
As per the section 6.
· The Law also binds the Employer (the tax holder), who must deduct the taxes & do all the necessary payments to the State and Central Government before distributing wages.
· Wages are fixed according different economic sectors by The Minimum Wage Act,1948 also Central Government & State government set the wages according to the nature of work and State Government have their own Minimum Wage Schedule.
v Regarding Health & Security.
· The Workmen’s Compensation Act 1923, says workers should be given compensation for the injuries happened during the working hours.
· Factories Act,1948 objects to secure the health, safety, welfare, proper working hours and other benefits to the workers.
· From 9 December 2013, The Sexual Harassment of women at workplace came into force which gives women the right to complain against the harass behavior by any member of the workplace to the major authorities.
v Contracts and Rights.
· As per the Indian labour law workers are divided into groups according to the sectors, as organized and unorganized sectors.
· The ordinary law of contract is applied for the people who do not fall in these sectors.
· An additional 45 national laws were added in The Industrial Dispute Act, 1947 expand with the 1948 act.
· Relationship between the workers and the company controlled by another 200 State laws.
· Laws bind the company to keep six different attendance logs, Annual return’s files of 5 type and for overtime wages there should be ten different accounts.
· Law also binds the company to do regular maintenance, time to time cleaning of the worker’s washrooms and can be fined for violating this law during the inspection by the inspectors.
· During the British India (under East India Company Rule), law regarding Caste Disabilities Removal Act, 1850 and act XXI of 1850, was passed, which allowed with equal rights under no law, mainly in the case of inheritance to the Indians who converted from 1 religion to another.
v Interstate Migrant Workmen Act, 1979.
· Mainly aim to protect the worker’s who work in any other state than their native.
· Right are provided to the workers, as per section 15 workers should be given leaves to visit the native state also the payment of wages during the leave.
· Appropriate medical facilities should be provided to the workers with free of charge.
· Accommodations should be provided, with no charge.
· Contractors must retain the record specifying the necessary details of the instate workers and should be showed to the statutory authorities.
· In case of failure by the contractor in payments of wages the principle employer is liable for the dues.
· Inspectors are appointed for the regular checking of the proper execution of this act.
· Licensing officers are appointed for suspension, granting or revoking licenses to the contractors.
v Job Security.
· There should be fair dismissal, worker who is employed for more than a year cannot be dismissed without the permission from the appropriate government office unless the valid reasons, also takes a time of at least of months before taking any lawful action.
· The companies with more than 100 workers require to take government approval before firing any employee and can only be fired if proven for misconduct or frequent unavailability.
· The law gives the right to the dismissed worker to appeal, even if government has granted the dismissal petition.