Labour law, also referred to as employment law, encompasses a comprehensive set of laws, regulations, administrative decisions, and established legal precedents that pertain to the rights and limitations of individuals engaged in work and their respective organizations. It serves as a framework for governing various aspects of the relationship between trade unions, employers, and employees. In essence, labour law delineates the entitlements, responsibilities, and privileges of workers, union members, and employers within the workplace. Broadly speaking, labour law encompasses the following areas:
- Industrial relations – certification of unions, labour-management relations, collective bargaining and unfair labour practices;
- Workplace health and safety;
- Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay.
LABOUR LAWS IN INDIA
Labour, as a term, refers to productive work, especially physical work done in exchange for wages. Labour law, also known as employment law, encompasses a body of laws, administrative rulings, and precedents that address the legal rights and restrictions of working individuals and their organizations. It can be broadly categorized into two main branches: collective labour law, which focuses on the tripartite relationship between employees, employers, and unions, and individual labour law, which pertains to the rights of employees in the workplace and their contractual agreements.
In India, the laws governing labour and employment primarily fall under the broad category of “Industrial Law.” These legislations have been shaped by the prevailing social and economic conditions and regulate various aspects of work, such as working hours, wages, social security, and facilities provided to workers.
The labour laws in independent India draw their inspiration from the views expressed by nationalist leaders during the freedom struggle, debates in the Constituent Assembly, provisions of the Constitution, and international conventions and recommendations. The Constitution of India, aligning with Fundamental Rights and Directive Principles of State Policy, enshrines the relevance of human labour’s dignity and the need to protect and safeguard the interests of workers.
These laws are influenced by important human rights, conventions, and standards established by the United Nations, including the right to choose employment, protection against discrimination, prohibition of child labour, just and humane working conditions, social security, protection of wages, grievance redressal, the right to form trade unions, collective bargaining, and participation in management. The Indian Labour Conference and the International Labour Conference have also played a significant role in shaping labour legislation. Recommendations from national committees and commissions, such as the First National Commission on Labour (1969), National Commission on Rural Labour (1991), and Second National Commission on Labour (2002), as well as judicial pronouncements on labour-related matters, have influenced the development of labour laws in India.
Labour is a subject in the concurrent list under the Constitution of India, which means both the Central and State Governments have the authority to enact legislation. Consequently, numerous labour laws have been enacted to address various aspects of labour, including occupational health and safety, employment, apprenticeship training, minimum wage fixation, wage payment methods, compensation for work-related injuries and fatalities, bonded labour, contract labour, women’s and child labour, resolution of industrial disputes, and provision of social security through schemes like provident funds, employees’ state insurance, gratuity, and bonus payments. Additionally, specific categories of workers, such as plantation labour and beedi workers, have their working conditions regulated under separate laws.
These legislations can be categorized as follows:
- Labour laws enacted by the Central Government, where the Central Government has sole responsibility for enforcement.
- Labour laws enacted by the Central Government and enforced by both the Central and State Governments.
- Labour laws enacted and enforced by the various State Governments, applicable within their respective states.
labor laws enacted by the Central Government and enforced by both the Central and State Governments:
- The Child Labour (Prohibition and Regulation) Act, 1986.
- The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.
- The Contract Labour (Regulation and Abolition) Act, 1970.
- The Equal Remuneration Act, 1976.
- The Industrial Disputes Act, 1947.
- The Industrial Employment (Standing Orders) Act, 1946.
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
- The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988.
- The Maternity Benefit Act, 1961.
- The Minimum Wages Act, 1948.
- The Payment of Bonus Act, 1965.
- The Payment of Gratuity Act, 1972.
- The Payment of Wages Act, 1936.
- The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981.
- The Building and Other Construction Workers Cess Act, 1996.
- The Apprentices Act, 1961.
- The Unorganized Workers Social Security Act, 2008.
- The Working Journalists (Fixation of Rates of Wages Act, 1958).
- The Merchant Shipping Act, 1958.
- The Sales Promotion Employees Act, 1976.
- The Dangerous Machines (Regulation) Act, 1983.
- The Dock Workers (Regulation of Employment) Act, 1948.
- The Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997.
- The Private Security Agencies (Regulation) Act, 2005.
Labour laws enacted by the Central Government and enforced by the State Governments:
- The Employers’ Liability Act, 1938.
- The Factories Act, 1948.
- The Motor Transport Workers Act, 1961.
- The Personal Injuries (Compensation Insurance) Act, 1963.
- The Personal Injuries (Emergency Provisions) Act, 1962.
- The Plantation Labour Act, 1951.
- The Sales Promotion Employees (Conditions of Service) Act, 1976.
- The Trade Unions Act, 1926.
- The Weekly Holidays Act, 1942.
- The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.
- The Workmen’s Compensation Act, 1923.
- The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959.
- The Children (Pledging of Labour) Act 1938.
- The Bonded Labour System (Abolition) Act, 1976.
- The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
Constitution of India is the base for all laws in our country. The labor laws are also made according to the constitution and any violation of constitutional laws result in the abolition of that particular law. The Directive Principles of the State policy play a major role in the making of new labor laws in India.
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