An Overview of Labour Laws in India

Labour laws refer to the set of laws that define and govern the relationships between employers, employees, organized unions, and the government. These laws deal with the responsibilities, terms of employment, working conditions, welfare benefits, and remuneration. The need for labour laws emerged due to demands for better working conditions for workers during the industrial revolution.

In India, the development of labour laws is closely tied with the country’s history of colonialism. The British colonial government enacted labour laws to comply with some of the norms established by the International Labour Organization (ILO), which the country had been an active part of since 1922. However, these laws were also largely tailored to protect British employees and the political economy of Britain. Labour laws enacted during this era include the Factories Act 1883 and the Trade Dispute Act 1929. The Trade Dispute Act became the first statute in India to govern employer-employee relations. The statute contained provisions to restrict the rights of employees and unions to strike or lockout.

After independence in 1947, the existing labour laws were modified with social justice. A partnership between labour and capital established certain worker conditions. Capitalists ensured fair wages and working conditions, while workers ensured cooperation and productivity. This led to the Industrial Dispute Act, which enforced these new developments and repealed the 1929 Trade Disputes Act. The Industrial Dispute Act regulates labour laws throughout India, providing laws to safeguard workers, promote peace and harmony, and solve disputes. Other enactments include the Minimum Wages Act 1948, Child Labor Prohibition Act, and the Factories Act 1948.

In the Constitution of India, labour laws are on the concurrent list, meaning that both the central and state governments can legislate upon labour matters. Due to this, several laws in the country govern various aspects of labour and employment, influenced by international conventions, committee recommendations, and judicial pronouncements.

These laws can be categorized on the following basis; those solely enacted and enforced by the central government, those enacted by the central government, which the state governments enforce; those enacted by the central government and enforced by both central and state; and those enacted and enforced by respective states.

In an attempt to simplify these numerous laws, the central government, in recent times, has made efforts to combine them into codes. Four codes have thus been created through a combination of 29 different labour acts. This is also to nationalize labour laws, create a comprehensive protection system for workers, and ensure an overall ease of doing business. The codes include the Code on Wages 2019, the code on Industrial Relations 2020, the code on occupational safety, health, and working conditions 2020, and the code of security 2020.

The Code on Wages combines four acts: the Equal Remuneration Act, the Minimum Wages Act, the Payment of Bonus Act, and the Payment of Wages Act. The code extends to all types of employees, establishing a universalized minimum wage and prohibiting worker discrimination, among other things. The code on industrial relations constitutes three acts – the 1947 Industrial Disputes Act, the Trade Unions Act, 1936, and the Industrial Employment Act. The code deals with relations between workers and employees and addresses issues relating to employment, collective bargaining, and strikes.

Under the Code of Social Security, unorganized workers and gig workers are now protected. The code combines nine acts and seeks to improve employee benefits in areas like insurance and provident fund. The Code on Occupational Safety, Health, and Working Conditions provides for safety conditions for workers, introduces gender parity, and promotes ease of doing business. 13 acts were combined to form this code.

India’s labour policy centres on promoting labour welfare and maintaining peace in the industrial sector with specific regard to certain issues like job creation, enforcing the child labour act, providing modern health facilities for workers, and attracting private and public investments. Although several changes have been made over the years, India’s labour laws are still open to reforms.

from WordPress https://ift.tt/aCpivm3
via IFTTT