LABOUR LAWS IN INDIA - Then Now and The Road Head


AUTHORED BY - Sakshi Singh, 2nd year student of Thakur Ramnarayn College of Law, Mumbai currently she is pursuing BLS LLB. 

INDEX


  • INTRODUCTION
  • ANCIENT INDIA’S GUIDE TO LABOUR LAWS: ARTHASHASTRA
  • BRITISH RAJ AND THE EVOLUTION OF LABOUR LAWS IN INDIA 
  • LABOUR LAWS SINCE INDEPENDENCE
  • LATEST REFORMS
  • CODE OF WAGES, 2019
  • CHANGE OF SCENARIO: THE COVID IMPACT
  • THE CURIOUS CASE OF UTTAR PRADESH
  • MADHYA PRADESH: DEAL OR NO DEAL
  • WAY FORWARD

INTRODUCTION 

India is the second most populous nation, aiming to overtake China by 2024. With the rising population and urbanization, industrialization and transformation developments, India has concentrated on the manufacturing and service sectors. Therefore, since independence, the importance of labour laws has growing. Yet Covid-19 's current turmoil has brought to the surface the big lacunae posed by our country's labor laws. This also discussed the country's precarious working standards and how a good regulatory and administrative structure supported by a pro-active judiciary will boost the labor force's living conditions.

 According to the study of the National Crime Investigation Agency, the word 'labour' implies efficient work performed particularly for physical wages. Labour laws have been brought into effect to secure the 47.41 crores (Census, 2011) powerful labour population in India. Employ law, commonly known as workplace law, is the collection of rules, regulatory decisions, and precedents that discuss the civil rights of employees and their employers and limitations on them. (Reporting by NCIB)


ANCIENT INDIA’S GUIDE TO LABOUR 

LAWS: ARTHASHASTRA

Before British arrival in India, India had an industry that was mostly self-sufficient. Thus, while not regulated by any universal pan-India rule, the labour force was controlled in most instances by the natural powers of human rights and labour integrity, with the monarchs becoming the supreme authority. Centuries before the writing of current labour legislation, Kautilya wrote about the idea of the minimum wage in his political-economic treatise Arthashastra. He says below that you can't go under a particular point for employees, which is flexible though, most of the time it's a mention of more than 60 Panas. He believed in social inspiration as well as being a promoter of labor performance. He developed the concept of labor contracts, too. For eg, a quote that says "the laborer's arrangement with one who employs him must be public. The laborer will be paying wages as decided. If no previous arrangement occurs, the laborer will compensate according to the quality of the work, time spent on his customary rates”.


BRITISH RAJ AND THE EVOLUTION OF 

LABOUR LAWS IN INDIA

In India, labour rules were formulated and enforced in their current iterations under the British Raj. British took the new factories and the power of industrialization to the rest of the world with them.

Originally implemented throughout the region, the labor laws were meant to safeguard British workers' interests. Labour and work regulations in India are also classified as Labor rule. The first act to be introduced in the country was the 1883 Factories Act. It sought for the first time to control the working standards of the employees by calling for eight hours of work, the elimination of child labor, the inclusion of women in night jobs, and the implementation of overtime pay above eight hours for the job. While the earliest statute to regulate employer-employee relations came in the form of the 1929 Trade Disputes Act, which restricted strike and lock-out rights. Therefore, in the early phases, labour regulations were more geared towards supporting workers' needs. 


LABOUR LAWS SINCE INDEPENDENCE

Since independence, labor reforms have been guided by the Indian Constitution, which includes labor rights in Chapter III (Articles 14, 16, 19, 21, 23 and 24) and Chapter IV (Articles 39, 41, 42, 43, 43A and 44). Taking into consideration the regional importance and effect of local influences, labor was rendered a concurrent subject and both the union and the states were deemed eligible to legislate and manage labor matters.  

Several of the Central Government's labor regulations comprise the Employees' Social Insurance Act, 1948, Mining Act, 1952, Fair Remuneration Act, 1976, and the Child Labor Act, 1986.


LATEST REFORMS

Labour rules have been subject to increased review in recent years after the central government enacted and codified labor laws in 2019 and more recently owing to the revocation of legislation by several states during the Covid-19 crisis.

 

CODE OF WAGES, 2019

The 2019 Wage Code is meant to amend the four labour codes, including the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Payment of Benefits Act, 1965 and Fair Remuneration Act, 1976, respectively. According to the manual, wage-related decisions should be taken by the central government for jobs such as railways, mining, and oil fiend among others, while the state governments may make decisions for all other workers. The code calls for a "floor pay" to be set by the Central Government, taking into account the employees' geographical region and living conditions. The minimum salaries will be in excess of the average salary. The law often forbids workers from charging rates below the minimum salary. The Code also prohibits racial inequality in wage-related issues and workplace compensation for jobs of a particular type. The Code, therefore, presented employees with the much-needed defense from unequal wages and discrimination.

In 2019 the Occupational Safety Code, Health and Working Conditions Code, Social Security Code and Industrial Relations Code were also introduced. Even accepting equal protection for the Transgender People in relation to jobs, 2019 allowed a significant change towards creating a suitable atmosphere for the country's labor.


CHANGE OF SCENARIO: THE COVID IMPACT

Much before the benefits of the new Pay Code could be borne, India and the world as a whole became hit by the coronavirus pandemic, taking more than ever to the forefront the insecurity of our world's employees. Forced reverse labor migration, accompanied by the suspension by some states of labor rules exposes the grim labor situation in our region.

  

THE CURIOUS CASE OF UTTAR PRADESH

6th May saw the passage of Uttar Pradesh Temporary Exemption from Labour Laws Ordinance by the State cabinet. It also removed more than 30 working-law provisions inside the state to draw in further anticipation. Under the law, the laws relating to the settlement of mechanical debate, the welfare and working conditions of specialists and trade unions, contract specialists and temporary workers shall remain suspended within the state for three long periods of time; Whereas the laws which count the 1976 Reinforced Work Act, the 1923 Worker Emolument Act, and the 1996 Building and Other Development Workers Act. Laws concerning women and children, such as the Maternity Act, Break-even with the Compensation Act, the Child Work Act, and Area 5 of the Compensation Act. Compensation can not be withheld for a person earning less than Rs 15,000 a month, and is further kept. The government of Uttar Pradesh has also declared the creation of a Movement Commission to protect the network of vagabond specialists who are looking to take off the community. Around 16 lakh vagrant specialists have returned to the state as of now.

 

MADHYA PRADESH: DEAL OR NO DEAL

In an attempt to woo the investors with Madhya Pradesh projects, the state government has come up with the unwinding of laws on hiring, working hours of employees, and mechanical base job evaluation.

 Other states like Gujarat and Himachal Pradesh expanded their working hours to 12 hours and 72 hours per week. To Rajasthan, Tripura and Punjab have exceeded the expansion of working hours and exempted foundations from following labor laws, including the panicky circumstance that has now been made.

 

WAY FORWARD

Academics around the world appreciated India's response to the emergency crown infection, counting researchers at the World Wellbeing Association, but the circumstances are unfurling. It seems that states are seeking to pick up the financial incentives which will come from the central government's Atmanirbhar Package. But the revisions taken by the state governments within the labor laws have expanded the powerlessness to labor abuse. Rather than alleviating in periods of difficulty, these relaxations inside the rules would prove counter-productive and will do more damage by widening infringements on human rights. India could be a welfare-driven nation and work to shape a large part of the population on which the nation's financial future depends should be treated with respect, uniformity and fairness justice. Instead of weakening labor laws, states should use special treatment to incentivize businesses that pay attention to their work's desires. There the central government and the Incomparable Court should step in to insure that the nation's population is given equal freedoms. NITI Aayog should prepare a database for inter-state comparison of working-for-work conditions and encourage states to ensure job privileges, thus encouraging residential and foreign financial experts and business citizens. 



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