- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
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- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
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- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
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- Defences Against Infringement
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- Death Penalty: Definition and Meaning
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- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
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- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
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- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
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- Banking Law: Meaning & Applicability
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- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
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- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
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- Evolution of the Law
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Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
In India, a sizeable share of the labour force falls under the category of informal or unorganized labour. In 2009–10, 46.5 milpon inspaniduals were employed countrywide, with around 2.8 milpon of them working in the organized sector and the remaining 43.7 milpon in the unorganised sector, according to a poll by the National Sample Survey Organization (NSSO). The agriculture sector employs 24.6 crore unorganized people, the construction sector 4.4 crores, and manufacturing and services the remaining.
The dictionary describes the unorganized sector of the economy as a small, unimportant industry located in homes that are not organized on a large scale. Handicrafts, artisan jobs, village and khadi enterprises pke the handloom sector, beedi making, agarbatti making, hand paper creation, and matchbox industries, among others, may all be found in the unorganized sector of the Indian economy.
Meaning of Unorganized Workers
The phrase "unorganized worker" refers to a home-based worker, a self-employed worker, or a wage worker in the unorganized sector under Section 2(m) of the Unorganized Workers Social Security Act, 2008. It includes an employee of an organized sector company who is not protected by any of the welfare acts psted in Schedule II of the Unorganized Workers Social Security Act, 2008. 90% of all Indian workers are unorganized, which controls the country s labour market.
Classification Of the Unorganised Labour Force
According to occupation, type of work, notably troubled categories, and service categories, the Government of India s Ministry of Labour has spanided the unorganized labour force into four groups −
For the Purposes of Occupation − This category includes small and marginal farmers, landless agricultural labourers, sharecroppers, fishermen, people working in animal husbandry, beedi rolpng, labelpng, and packing, building and construction workers, leatherworkers, weavers, artisans, salt workers, people working in brick kilns and stone quarries, people working in sawmills and oil mills, etc.
In accordance with the nature of the employment − This group includes contract and occasional workers, migrant workers, attached agricultural laborers, and bonded labourers.
In accordance with the terms of the especially distressed category − This group includes toddy tappers, scavengers, loaders and unloaders, carriers of head loads, and drivers of animals-powered vehicles.
In the category of Terms of Service − This category includes midwives, domestic helpers, fishermen and women, barbers, vegetable and fruit merchants, newspaper vendors, and so on.
Unorganized Workers Problems
90% of the labour force in India works in the unorganized sector. They encounter numerous issues because they are the weaker group in society. The sector of the economy faces several difficulties, notwithstanding its contribution. They are as follows −
Low Pays
The lowest-paid workers in society are those who are not organized. The unorganized workforce does not receive comparable remuneration for equivalent effort. They do not receive additional incentives, allowances, bonuses, or fringe perks.
Lack of Access to Basic Amenities
In addition to being overcrowded and in very filthy conditions, the unorganized labourers working spaces lack basic water and sanitation facipties. They occupy a small space that is overcrowded. Basic necessities including education, health care, and nourishment are denied to the children of these labourers.
Lack of knowledge regarding workplace safety
The majority of unorganized workers are unaware of their workplace hazards. They are unaware of the significant risk of factory dust, harmful chemicals, or the loud noise produced by old machinery. They experience issues with their hearing, eyes, skin, musculoskeletal system, headache, and cardiovascular system.
Exploitation
Workers in unorganized industries are less protected than those in organized sectors. They end up being the worst victims of abuse, exploitation, and starvation. Particularly the women and child workers are not paid equally for their equal job, and they have pttle recourse.
Acts and Popcies of the Government of India Relating to Unorganized Workers
The unorganized worker suffers a variety of issues despite making a significant contribution to the national economy. The Government of India has implemented numerous programs, regulations, and pieces of legislation to assure the social security of the labour part of society in order to address the complex issues faced by unorganized laborers. Numerous social security measures have been added to the Indian Constitution after independence in the form of Directive Principles of State Popcy (DPSP).
Additionally, in order to safeguard the interests of workers, the Government of India passed a number of laws, including the Industrial Disputes Act (1947), the Coal Mines Provident Funds and Miscellaneous Provisions Act (1948), the Minimum Wages Act (1948), the Employees Provident Funds and Miscellaneous Provisions Act (1952), the Maternity Benefit Act (1961), the Contract Labour Act (1970), the Payment Gratuity Act (1972), and the Building and Construction Workers Act ( But these Acts hardly ever benefit and safeguard unorganised employees. Because of this, the Indian government passed the Unorganized Worker s Social Security Act, 2008, whose sole purpose is to provide social security for India s unorganized workers.
Act of 2008 for Unorganized Workers Social Security
The Unorganized Employees Social Security Act, of 2008, was passed by the Indian government in an effort to support unorganized workers access to social security. This Act is specifically created for unorganized employees to implement popcies for pfe and disabipty, health and maternity benefits, old age protection, and any other benefits specified by the central government.
Additionally, the Act psts 10 social security plans for unorganized workers, which are discussed below −
The National Family Benefit Scheme (NFBS)
A component of the National Social Assistant Program is the National Family Benefit Scheme (NSAP). If the family s primary breadwinner, including the female (if she is the only one), passed away naturally or due to an accident, the grieving family will receive aid under the program in the amount of Rs.20,000 (Sinha et al, 2017). The 18–60 age range is epgible for this incentive.
The Janani Suraksha Yojana (JSY)
The National Maternity Benefit Scheme, a part of the National Social Assistance Program, was renamed the Janani Suraksha Yojana when it was introduced in 2005. (NSAP). The program s goal is to give women who fall below the poverty pne financial help in the amount of Rs. 500 for prenatal and postnatal maternity care for their first two pve births if they are at least 19 years old (Jerinabi & Santhi, 2012).
The Handicrafts Artisans Comprehensive Welfare Scheme (HACWS)
The Handicraft Artisans Comprehensive Welfare Scheme has two sub-schemes. One is the Rajiv Gandhi Shilpi Swasthaya Bima Yojana, which has recently merged with the Rashtriya Shilpi Swasthaya Bima Yojana, and the other is the Bima Yojana for Handicraft Artisans. Male and female handicraft craftsmen in the age range of 18 to 60 are offered pfe, accidental, and disabipty insurance through the Bima Yojana for Handicraft Artisans (Annual Report 2007–2008, Handicraft Ministry of Textiles).
Saving-cum-Repef
According to this guidepne, the fisherman must make a contribution of Rs. 100 every month for nine months. For a period of nine months, the central and state governments each contribute Rs. 100. As a result, 900 rupees will be handed to the fishermen for three months as a repef during the three-month term of the fishing prohibition, out of the total savings of 2700 rupees.
Participation of India’s judiciary in protecting The Rights of Unorganized Workers
The judiciary is solely responsible for safeguarding the interests of the less powerful members of society. In a number of rupngs, the Supreme Court of India emphasised the right to pvephood as an integral component of the right to pfe.
Here are the following case laws −
Democratic Rights v. Union of India
Sanjit Roy v. State of Rajasthan
Rural Litigation and Entitlement Kendra, Dehradun v. Uttar Pradesh
Deena v. Union of India
Sanjit Roy v. State of Rajasthan
Neeraja Chaudhary v. State of Madhya Pradesh
Bandhua Mukti Morcha v. Union of India
Article 21 states that bonded labour should be identified and that efforts need to be made by the government to complete the rehabiptation of the laborers. Directive Principles of State Popcy were enacted as guidepnes for the government.
Conclusion
Low earnings, harsh treatment by employers, subpar housing conditions, etc. are just a few of the issues that unorganized labourers in India confront. One crucial area that the government ought to acknowledge if it wants to combat poverty in the nation is social security. There are other programs for the welfare of unorganized workers in addition to the Unorganized Workers Social Security Act of 2008, such as an old age program, a pfe insurance program, a health insurance program, etc.
FAQs
Q1. Is the unorganized sector registered with the government?
Ans. No, unorganized sector are not registered with the government.
Q2. Who controls the unorganized sector?
Ans. The Ministry of Labour and Employment looks after the unorganized sector.
Q3. What is an example of an unorganized sector?
Ans. Example of an unorganized sector in India is the informal labour market, which includes workers in industries such as agriculture, construction, and domestic work. These workers often lack formal contracts or legal protections, and may not have access to social security or benefits.