inustrial relations and....(module 1)
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&
LABOUR LAWS
MODULE- I
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FACTORS INFLUENCING
LABOUR LEGISLATIONS Early Exploitative Industrial society Early
phase of industrialization was marked by
exploitation of workers and payment of lowwages. Early factoryand labour legislations in India originated asa natural children of industrial revolution.
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Impact of Contemporary
Events Revolutionary thinking of Rousseau, Marx
and French Revolution greatly influenced
labour jurisprudence. World Wars made it possible for labourers to
realize their importance that unless theyproduce its difficult for warring nations to win
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Growth of Trade Unionism
Trade Union movement alsohastened labour legislations in
IndiaThe demand of trade unions for
protection of working-class led to
legislations in the field of wages,hours of work, social security, andother areas
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Political freedom End of
Colonial Rule Political freedom, End of Colonial Rule
Adoption of universal adult franchise
placed in the hands of working classpowerful instrument to influence statepolicy.
Their representatives started gettingprogressive legislations passed.
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Concept of Social Justice &
Social Welfare
Humanitarian ideas, social reformers
also influenced labour legislation. Early Factorys Act was made possible
through the efforts of humanitarians
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Establishment of I.L.O.
ILO, has taken the task of creatinginternational minimum conditions of
labour which constitutes InternationalLabour Code.
ILO standards have greatly influencedIndian Labour legislations.
The Directive Principles of State Policyhave been influenced by ILO
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NATURE OF LABOUR
LEGISLATIONS They have come to alleviate special disorders.
Therefore, they are specific, not general in orientation.
They regard individuals as workers, whereas general
legislation regards them as citizens. They are to regulate conditions of labour in industrial
units and therefore require more changes as perrequirements than ordinary legislations.
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SPECIFIC OBJECTIVES OF
LABOUR LEGISLATIONTo provide sustenance
To aim at abundance
To encourage equality
To maintain security
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PRINCIPLES OF MODEN
LABOUR LEGISLATION Principles of Protection
Labour legislations aims at protecting
workers against the hazards of industrialprocess and exploitation
Examples of Protective Legislations in India
Factories Act, 1948, Child Labour Act, 1986Payment of Wages Act, 1936
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LABOUR LEGISLATION
CONTD. Principle of Regulation It seeks to regulate relationship between employees
and their associations on one hand and workers and
their organizations Union Act Principle of WelfarePrinciple of Welfare SpecialSpecial
welfare laws have been enacted with a view to providewelfare laws have been enacted with a view to providewelfare of workers. E.g.welfare of workers. E.g.Factories Act and Mines ActFactories Act and Mines Act
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CLASSIFICATION OF
LABOUR LEGISLATION Regulative Labour Legislation
Main objective is to regulate relationsbetween employers and employees.
E g. Industrial Disputes Act, 1947
Protective Labour Legislation
These legislations come under this categorywhere primary interest is to improve workingconditions E.g.Factories Act,1948 and Mines Act, 1952
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Wage-related legislationsLegislations laying down methods of wage payment.
E.g. Payment of Wages Act, 1936, Minimum Wages Act,1948
Social Security Legislations They cover those legislations which intend to provide to
workers social security benefits.E.g. Workmens Compensation
Act,1923, Maternity Benefit Act, 1961
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AND LABOUR
LEGISLATIONSThe trinity of Indian Policy embody
fundamental principles which provides a
guide to all labour legislations.
This trinity consists of Preamble,Fundamental Rights and Directive
Principles
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Preamble Of Indian
Constitution The Preamble stands to secure for all its
citizens: Justice: Social, Political and Economical Liberty of thoughts, faith and worship Equality of Status and Opportunity Fraternity assuring dignity of Individual
These
principles enshrined in the preamble of ourconstitution provide the bedrock for framing alllabour and security legislatons.
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Fundamental Rights and
Labour Legislations
Rights which are consideredessential for the well being of aperson are fundamental.
Fundamental Rights are enshrined
in Part III of the constitution ofIndia and guarantees civil liberties
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Fundamental Rights andLabour Legislations
Right to Equality( Articles 14-18) Article 14 deals with right to equalprotection of law. No distinction shall be made on basis of age,sex, nature of profession
Right to Freedom (Articles 19-22) Article 19 deals with freedom of association,freedom to carry on trade and freedom of speech. Article 21
assures right to live life with dignity.
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FUNDAMENTAL RIGHTSCOND
Right Against Exploitation(Articles23-24)Article 23 prohibits
human trafficking and any form of forced labour
Article 24 prohibitsemployment of children below 14 years in factories Right to Constitutional Remedies ( Art 32-35)
A right withoutremedy is meaningless. Public InterestLitigations are the easiest way by which commoncitizens can have their remedy
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Fundamental Rightscontd
Right to Freedom of Religion(Articles 25-30)
Cultural and EducationalRights Articles 32-
35)
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Directive Principles AndLabour Legislations
Directive Principles of State Policy areguidelines to central and state governmentsof India
These provisions contained in Part IV of theconstitution of India are not enforceable byany court but the principles laid areconsidered fundamental in the governanceof the country
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Directive Principles AndLabour Legislations
Articles 36-51 form Part IV of the Constitutionand they deal with goal of welfare state.
Some of the directive
principles which are backbone of labourjurisprudence are: Article 38 directs state to promote welfare of
people by securing social, economic andpolitical justice.
Article 39 directs that citizens, men andwomen equally have a right to livelihood.
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Labour Legislationscontd.
Article 41 directs that state shall makeprovision for securing right to work, right
to education. Article 42 directs that state must
ensure all workers a decent standard oflife and enjoyment of leisure.
Article 43 A directs that state shallsecure participation of its citizens.
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LABOUR LEGISLATION ININDIA
Principles of ILO are as under:
Labour is not a commodity.
Freedom of expression andassociation are essential to sustained
progress. Poverty anywhere constitutes a
danger to prosperity everywhere.
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International Labour Code
International Labour Code constitutes over180 recommendations on the followingsubjects:
Basic Human Rights Labour Administration Employment Policy & HR development Industrial Safety, Health & Welfare
Social Security & Social Policy
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Influence On Indian LabourLegislation
So far, India has ratified, 39 out of 185Recommendations adopted by ILO.
The ratification of recommendations hasput India under obligation ofimplementing them throughincorporations in labour laws.