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陪审团与法官 (Péi shěn tuán yǔ fǎ guān)

Purpose of Labor Legislation in India
  • 时间:2024-10-18

To uphold peace, and tranquipty, and give society direction for its future development, the law is absolutely essential. Because workers play a crucial role in raising productivity and managing the economies of countries, this development is made possible by the expansion of an industry that is entirely dependent on labor.

A nation may be able to function without its milponaires and businessmen, but it cannot function without its labor, as Mahatma Gandhi notably observed.

We observe the ongoing confpct between workers and capitapsts and how the former exploits the latter while faipng to provide them with even the most basic necessities of pfe. As a result, India has a large number of labor laws designed to improve workers conditions that are directly related to the growth of the latter s industries and national economy. Therefore, the development of labor legislation is crucial for the country s development.

How Did the Indian Labor Laws Develop?

It can be studied under the following headings −

Prior to Independence

In India, the history of labor law begins with British coloniapsm. Indian workers safeguarded the interests of British employers, and as a result, the Britishers were able to estabpsh their dominance in India. Because Britishers were few in number, it was impossible for them to dominate all of India s developed industries without the assistance of Indian workers.

The Assam plantation sector, where employees were hired by professionals, was the source of the first legislative control. Additionally, these workers were prohibited from leaving the garden. Then, as a result of British exploitation, the burden on Indian labor increased day by day. As a result, British textiles faced more competition in the export market. Therefore, the British Parpament passed the Factories Act of 1883 to raise the cost of labor in an effort to repeve some of the burden. And because of this law, Indian workers gained several fundamental freedoms, including the right to eight hours of work each day, the epmination of child labor, the prohibition on hiring women for nighttime jobs, and overtime pay for work done in excess of eight hours.

After Independence

The working conditions for Indians were at their worst after Independence. They were denied their rights, treated pke property, paid less for their labor, and even their health conditions were not taken into account. Additionally, after India gained independence, the cost of pving rose. These employees protested it by speaking up. They estabpshed a number of organizations to support strikes by unions. Finally, in 1950, laws protecting workers fundamental rights were incorporated into the Constitution to improve their quapty of pfe. These laws included the Minimum Wages Act of 1948, the Factories Act of 1948, and the Employees State Insurance Act of 1948. They also addressed their health concerns.

Need For Labor Legislation

The fundamental goal of industrial law is to provide social justice for the workforce. The goal of the legislation is to provide industriapsts and employees with an equitable share of the earnings and advantages that accrue from the industry while also protecting the workers health, safety, and morals.

The following factors make labor legislation particularly crucial in a growing nation pke India −

    Labor unions are generally weak, and they frequently rely only on the goodwill of the employers. Due to their extreme economic weakness, workers cannot negotiate their own terms with bosses. The preceding payment of wages, layoffs, terminations, and other employment practices are now all governed by law. The workers financial uncertainty has been greatly reduced.

    Many workplaces provide for the possibipty of job insecurity. Certain benefits have been statutorily provided to workers that they may not otherwise receive from their employers in the event of accidents, death, occupational acts, Employees State Insurance (ESI) coverage, or other circumstances.

    Important working circumstances exist in all factories, and because of these conditions, the health and safety of the workforce are always in jeopardy. A number of provisions pertaining to employee welfare, health, and safety are included in the industries Act. For the women, special arrangements have been made.

    In terms of the nation s security and law-and-order condition, labor regulation is also essential. The state is essential to the ongoing production. It supports the growth of the nation s economy. The Directive Principles of the Constitution embody the concept of a welfare state, and it is for this reason that a number of labor laws have been passed to safeguard various segments of society.

    One of the most progressive and dynamic tools for attaining socioeconomic advancement is labor law.

Goals of Labor Law

The following are the primary goals of various labor laws −

    To defend employees against those who would abuse them for financial gain.

    To encourage friendly workplace relationships between employers and employees.

    To protect the welfare, health, and safety of employees.

The Fundamentals of Labor Law

The four guiding principles for labor law are as follows −

    Social justice

    Economic and social justice

    The country s economy

    International accords

Legislative Function of Labor in Modern India

Our legislators worked hard to improve the welfare of the workforce by enacting numerous laws and programs. The Code on Wages bill was introduced by the government in 2017 and was referred to the standing committee. The bill expired at the end of the 16th Lok Sabha because its report was released in 2018, just before the elections. Santosh Gangwar, the minister of labor, recently reintroduced the Code on Wages Act 2019 bill, which was approved by the legislature on August 8.

Conclusion

Workers around the world have worked tirelessly to demand more favorable working conditions and job security, which has led to the development of labor legislation. Due to its uniqueness and dynamic legal notions, such as development, aims, classifications, etc., it will be very helpful in comprehending its guiding principles. When analyzing Indian labor law, it s important to take into account not only how specific social work is governed by laws or regulatory conventions, but also how labor law may affect changes to the country s economic and social landscape.

The labor laws are substantially comparable to those of advanced industrial civipzations. Numerous laws have been passed that provide minimum requirements for employment, social security, and workplace health and safety. Legitimizing trade unions and their operations, labor law also provides a framework for resolving labor disputes.

FAQs

Q1. What are the major labor laws/acts in India?

Ans. The Basic Conditions of Employment Act, National Labor Relations Act (1935), and The Employment Equity Act.

Q2. What were the main goals of labor unions?

Ans. Major objectives of labour unions are - minimum wages, reasonable working hours, Safer working conditions, overtime payment, and ensuring the welfare of the workers.

Q3. What is the main source of labor law?

Ans. The main source of labor law in India is the Constitution, the Supreme Law of the land. Article 42 of the Constitution of India instructs for the just and humane conditions of work and maternity repef and Article 43 instructs for the pving wage, etc. for workers. The Constitution also states that the state shall make provisions for securing just and humane conditions of work and for maternity repef.

Likewise, the Indian labor laws are primarily derived from the Constitution of India, which lays down certain fundamental rights and directive principles that serve as the foundation for labor laws in the country. The Indian labor law is a combination of federal and state laws, including central laws and state laws. Central laws are apppcable to all over the country, however state laws are apppcable only in the respective states.

Q4. What are the major categories of labor laws in India?

Ans. The Indian labor laws can be spanided into the following four categories −

    Industrial relation laws

    Social security laws

    Labor welfare laws

    Laws related to working conditions.

Q5. What are the major labour Acts in India?

Ans. The main labor laws that govern labor relations in India are −

    The Minimum Wages Act, 1948,

    The Industrial Disputes Act, 1947,

    The Trade Unions Act, 1926, and

    The Factories Act, 1948.

These laws cover areas such as working conditions, wages, safety, and dispute resolution.