Inustrial Relations and....(Module 1)

8/14/2019 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.

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