labour law overview

8/3/2019 Labour Law Overview

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Labour Law

Overview

ByDr. Shekhar


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Constitutional background The Constitution is the source of all legislations. So it is necessary to

have a close look at the Indian constitution before taking up Indian

labour legislation. Matter connected with labour laws are covered in List III, Concurrent

List of Seventh Schedule Entry No. 22Trade Unions; industrial and labour disputes

Entry No. 23Social Security and Social insurance; employmentand unemployment.

Entry No. 24 Welfare of labour including condition of work,provident fund, employers liability, workmens compensation,invalidity and old age pensions and maternity benefits.

Entry No. 36 factories The only exception is that Industrial Disputes concerning Union

Employees is in List I i.e. Union subject.


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Constitutional background.. Cont. In list III, Central Government as well as State

Governments can pass laws in respect of labourmatters.

However, most of laws relating to labour matterhave been passed by Parliament and are

uniform all over India. Some of the Acts have been modified by States

to suits their requirements.

However, main Acts like gratuity, bonus,provident fund, ESI, Apprentices Act, FactoriesAct etc are uniform all over India.


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Fundamental Rights and LabourLaws

Part III of the Indian Constitution provides a longlist of fundamental rights which run from art. 12to 35.

These fundamental rights represent the basic

values cherished by the people of this country to - protect the dignity of the individual and create

conditions in which every human being candevelop his potentiality to the fullest extent.

- they weave a pattern of guarantees on thebasic structure of human rights and imposenegative obligations on the state not to encroachupon individual liberty in its various dimensions.


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Fundamental Rights and Labour Laws.. Cont.

Article 12: Definition of State

Article 13: Laws inconsistent with or in derogation of fundamental rights bevoid Article 14: Equality before law the state shall not deny to any person equality

before the law or the equal protection of the laws within the territory of India-issue of sexual harassment at workplace and equal pay for equal work.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex orplace of birth.

Article 16: Equality of opportunity in matters of public employment. Article 19: Protection of certain rights regarding freedom of speech etc. Allcitizens shall have the right to a) freedom of speech and expression; b)assemble peaceably and without arms; c) form association and unions; d) movefreely throughout the territory of India; e) reside and settle in any part of theterritory of India and f****; g) practise any profession, or to carry on anyoccupation, trade or business.

Article 21: Protection of life and personal liberty. Article 21A: Education for Children Article 23: Prohibition of traffic in human beings and forced labour (Bandhua

Mukti Morcha v. Union of India) Article 24: Prohibition of employment of children in factories, etc. Article 32: Rights of constitutional remedies (Remedies for enforcement of rights

conferred by this part) Habeas Corpus, Mandamus, Prohibition and Certiorari


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Benevolent legislation

Labour legislation is mainly a benevolent or

beneficial legislation.

basic philosophy behind labour laws is that of

protection Thus, opting out of labour legislation is not

permitted.

e.g. contract signed by a worker that he iswilling to forego benefits of provident Fund orESI will be a void and un-enforceable contract.


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Labour Laws in current context

Labour law seeks to regulate the relations

between an employer or a class of

employers and their workmen.

it touches the lives of millions of men andwomen who constitute the labour force

most labour legislations are not applicableto unorganized labour - about 93% of theentire labour force.


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Labour Laws in current context.. Contd

most labour legislation is more than fivedecades old.

over protective,

over-reactive,

fragmented,

outdated and irrelevant and have created hurdles in achieving the

target of ensuring fair labour practices


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Labour Laws in current context.. Contd

emergence of globalization, liberalization

and privatization - brought new challenges

mounting pressure to reform labour laws.

Second National Commission on Labour

It has made some headway in removingthe irritants

no positive steps have been taken to givelegislative shape to the recommendationsof the Commission.


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decided cases of the Supreme Court and HighCourts

marked shift in the approaches of the Indianjudiciary in the area of:

discipline and disciplinary orders,

compliances of natural justice,

bandhas and demonstrations,

retrenchment, and among others on

managements prerogative during the pendency of proceeding before labour

tribunal.


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decided cases of the Supreme Court and High Courts..Contd

trend in the decisions of the Supreme Court is to

strike a balance Earlier only the interest of workmen were

focused on,

the current emphasis on ensuring fast industrial

growth in the country In several decisions the Court noticed as to how

discipline at the workplace/ industrialundertaking received a setback

the Court felt that it may not now be proper toallow employees to break discipline withimpunity.

All actions, therefore, must be taken inaccordance with rule of law.


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