1.

ILO ON FORCED LABOUR

Conventions, scope and application.

In the international regime, there are two primary conventions addressing the issue of forced
or coerced labor: A) the Forced Labor Convention 1930 and B) abolition of forced labor
convention 1957.

The forced labour convention of 1930 defines the term forced labor, as any work that is
extracted or performed under the menace of penalty, referring to a situation where an
individual is coerced into working under the threat of violence or any kind of intimidation.
The understanding of menace of penalty has been extended to a wider ambit, to include
manipulation of debt, retention of documents or identity papers, threat from immigration
authorities etc.

Under Article 1 (3) of the Convention this definition has been reaffirmed and three key
elements have been recognized: a) work or service- any and all kinds of service occurring in
any sector or industry, b) menace of penalty- any penalty that is imposed on a person to
compel them to work and c) involuntary nature- lack of voluntary offer or consent to work
with complete freedom.

However, it has to be realized that not all services which are compulsory in nature can be
termed as forced labor, therefore, the Convention under Article 2 (2) mentions five
categorical exceptions to the definition which are: a) compulsory military service, b) civil
obligations, c) prison labor, d) services necessitated by emergencies or calamities and e)
community services.

Article 25 of the Convention as such extraction of forced labor has been made a penal
offense punishable by the state. the member countries of the convention are under the
obligation to ensure that the penalty imposed is adequate.

Furthermore, soon it was realized that there was a need to prevent any imposition of forced
labor by the state authorities that must be rectified through a legislative framework.
Therefore, the convention of Abolition of Forced Labor 1957 was adopted by the ILO. The
main objective of the convention is to prohibit the use of forced labor enforced by the state
authorities for any of the said purposes: a) economic development, b) penalty for expressing
political views, c) punishment for strikes or collective action, and d) for racial or religious
discrimination.
The conventions have been universally ratified implying that all countries have to respect and
oblige with the provisions mentioned under the convention, and also regularly report its
implementation to the ILO supervisory bodies. Furthermore, freedom from forced labor has
been recognized as a fundamental human right, therefore, irrespective of the ratification of
the convention, the states are under the obligation to ensure elimination of such practices.

As has been aforementioned, the freedom from forced labor was recognized as a human right,
in light of this, the first ever complaint that was received under the Convention was against
Portugal, who had not ratified the convention at that point. The complaint was instituted by
the government of Ghana, with respect to the administration of Portugal authorities in the
states that were under its control. Consequently, the ILO acted promptly by forming a
commission as per its complaint procedure and investigating the matter. The findings
revealed that Portuguese are liable for imposing forced labour, cruelty and inducing racial
discrimination in its colonies.

The conventions focused primarily on eliminating the systemic problem of forced labour and
child labour, rather than dealing with individual cases of exploitation. The objective was to
initiate a social systematic change through the adoption of the convention. However, the
Trafficking Protocol adopted in the new millennium does reflect a transition in the approach
of the ILO to tackle the issue of forced labor. Through this protocol the drafters aimed to
provide protection and justice to individual victims against the ultimate forms of exploitation.
Exploitation included slavery, prostitution, sexual servitude, organ removal etc., thus
widening the scope of application of the existing instruments to eliminate the vice of forced
labor in the society.

Lastly, the most important milestone in the development of the convention on forced labor
was the Protocol of 2014 of the Forced Labor Convention 1930 and the Forced Labor
Recommendation 2014 that support and supplement the existing legislative framework in
order to provide assistance for prevention, protection and remedy to eliminate forced labor.
This protocol was unanimously voted by the government, employers, workers and all
stakeholders at the ILO in order to give a new direction to the fight against forced labor.

Therefore, it is concluded that the Conventions on forced labor are ever evolving to include
new arenas under its ambit for tackling and addressing the issue. The role of ILO is
indispensable in creating a framework for fighting forced labor by private individuals and
state authorities as well.
 2. ILO ON ASSOCIATION

Introduction

Freedom of Association is essentially the foundation of the labor laws and policies, as it is the
freedom of association that provides the individuals the mechanism for coming together and
forming voluntary organization for the adequate representation of their interests. When the
world powers realized the importance of international framework for labor through the treaty
of Versailles, the fundamental principle recognized by them was the freedom of association
itself. It was then in 1948 that the International Labor Organization created a separate
convention on the Freedom of Association and Protection of the Right to Organize.

Analysis

The freedom of association is a human and fundamental right, that is not only recognized
internationally but also in domestic constitutions. India recognized the freedom of association
under Article 19 of the Constitution that guarantees freedom of speech and expression,
including the right to associate. Similarly, in the international regime, the Freedom of
Association has been recognized in ILO constitution, Universal Declaration of Human Rights
and also Declaration of Philadelphia. However, it has to be realized that the freedom of
association, is still not recognized universally, with certain domestic legislations that actively
prohibit the association of people and render it as a punishable offense.

The freedom of association convention aims at strategizing and creating mechanisms that aid
amicable resolution of disputes through mediation, collective bargaining, mediation etc. ILO
views it as one of their primary objectives that the workers and employees should have the
right to associate and represent their concerns. The convention on Freedom of Association
was established to examine the complaints of workers and employees not having sufficient
recourse or freedom to associate. The convention recognizes certain measures and techniques
that can be adopted to ensure that rights of employees to associate are secured, such as:

1. Recognition of the rights of the workers. understanding that the works have the
right to associate without any interference and encourage modes of collective
bargaining.
2. Protection against anti-union discrimination. The employer must ensure that they
do not discriminate against any person who has trade union association or has
different trade union perspective. Anti-union discrimination refers to such treatment
 where the employment status of an employees is contingent on being not part of the
union.
3. Labor-Management Relations. The employer situated in a place where the domestic
legislation does not actively support labor security and welfare, the employers must
attempt to build an environment of harmonious labor management relations.
4. Job Security: A worker must not fire or remove someone from their position or
threaten their employment based on their connection with trade unions or work
conducted in that spirit, provided that they are in conformation with law. there must
be protection and safeguards against wrongful dismissal of employees in place in
every firm.

The convention of freedom of association has been given a special status by the ILO owing to
its importance, thereby establishing a tripartite Committee on Freedom of Association for
evaluating complaints about violations of rights with respect to labor union. The ILO also has
the jurisdiction to admit complaints made by a government against another government or
organization or employers. The compliant can be filed against a government of a state
irrespective of their membership and rectification to the convention. The committee has been
working on the protection of labor rights over a long period of time and has examined over
3000 cases.

Every state that has rectified the convention, is under the obligation to follow the policies
and principles embodied in the ILO constitution. The states are mandated to attempt to
implement the recommendations made by the ILO and inculcate them in their domestic
legislations. Any active violation of the provisions of the convention, can lead to an inquiry
against the state, with the committee handing over the matter to the Experts Committee on the
Application of Conventions and Recommendations. However, despite such scrutiny, the
governments are not legally obligated to legislate a law with respect to such
recommendations.

Furthermore, ILO has rectified Right to Organize and Collective Bargaining Convention
1949 to provide the workers the right to organize freely and use collective bargaining as a
mechanism to resolve disputes with the employers or management. The process of collective
bargaining can involve direct representation of parties or it can be done through
representatives of trade unions or associations.
India has always shown a positive response to the ILO conventions and their principles, as it
also is in consonance to the principles of a welfare state. the legislation and policies of India
concerning labor and industries has been inspired and adopted from the ILO principles and
conventions. The judgements and statutes use the ILO conventions as the base for minimum
standards and also for directives to reach an ideal society as visioned by the ILO conventions.

However, India has always been careful of rectifying the conventions per se, as that creates a
legal binding obligation on the country to legislate laws as per the standards of the
convention. The approach adopted in India, is such to strengthen the domestic laws of the
country by referring to the conventions, rather than rectifying the conventions blindly. For
instance, the constitution provisions support the principles and provisions of ILO such as
freedom of association, protection against child labor, right against discrimination, right to
equal pay etc. without rectifying the conventions.

Conclusion

The convention on freedom of association has become the minimum standard guide for labor
and industry welfare in the world. The signatories are under the legal obligation to frame laws
accordingly, while even the non-signatories are under a moral and directive obligation to
comply with such standards. While it can be concluded that the fundamental rights enshrined
under the constitution supports the principles of ILO in India, it has to be realized that it is
becoming a pressing need that the basic core conventions such the Convention on Freedom of
Association is rectified by the Indian government to affirm its dedication to the minimum
labor standards.

3. TRADE UNION UNIT

History and origin of trade union in India. Trade Union movements

Introduction

Trade unions refer to any temporary or permanent combination formed, with the primary
objective of regulating the relations between the employer and employees, employer and
workmen, or between employer and employer, or workmen and workmen. The purpose of the
trade unions can also be to regulate or restrict some conduct of trade or business for the
welfare of the labor. This definition has been provided under Section 2 (h) of Trade Unions
Act 1926.
The concept and philosophy of trade unions is based on the fundamental right of freedom of
association, which has been considered the foundation of a just society. The freedom of
association implies that people with similar interests that network together to take collective
and common action, forming an association with a core integral objective. Trade Unions are a
by-product of this fundamental right, usually formed with the objective of promoting the
welfare of working class against the concentration of economic power.

Origin of Trade Unions

Earlier in England, there was an absolute prohibition on combinations of workmen or

employers. It was in fact, regarded as a penal offense amounting to criminal conspiracy, if
there were such associations in meetings. However, continuous representations made by the
workers to the legislature demanding proper wages and working conditions, led to the
enactment of certain legislations addressing the issues but unfortunately, did no deliver the
desired result. Therefore, the unrest continued and aggravated during the Industrial
Revolution dating back to the 18th century that started in Great Britain, as that was the period
when mass production units has been set up at a large scale for rapid economic growth.

The ensuing demand for skilled and unskilled labor to work in the units, combined with the
greed of profit maximization led to exploitation of the employees creating a need for trade
unions. It was only in 1824 with the repeal of the Combination Laws prohibiting associations
and unions of workers, that the trade unions gained legitimacy. Further with the enactment of
Trade Union Act 1971 on the report and advise of Royal Commission on Trade Unions, the
Trade Unions became a lawful organization.

History and Rise of Trade Unionism in India

India witnessed the force of industrial revolution as well through the set-up of large factories
and units during colonization. The British tapped on the Indian market due to the availability
of cheap labor and abundance of raw material, however, the exploitative conditions of
workers made trade and labor movements a necessity in India.

The history of rise of trade unions in India, can be bifurcated into three distinct periods:

1. Period from 1875 to the end of World War I

The British established cotton and jute mills in the country, marking the beginning of modern
factory system and giving rise to child labor, forced labor, long and harsh working hours,
harassment of women etc. The first cotton mill was established in Bombay in 1851 and jute
mill in Calcutta in 1855, therefore, also giving rise to one of the first trade unions in Bengal
and Bombay. Sorabji Shapraji and C. Mazumdar are the pioneers of the TU movement in
India, they raised their voices and started agitations to demand justice against the exploitative
conditions of children and women in the factory. The year 1875 has been considered
landmark in the history of trade unions as there was a rise of common understanding and
collective conscience to fight against the unjust conditions. This soon led to the first strike by
workers in the history of India in 1877, conducted by the workers of Empress Mill in
Nagpur demanding fair wages at work.

Subsequently, the First Factory Commission was established in 1879 with an attempt to
understand the problem of the workers, leading to the enactment of the Factories Act 1879.
However, the act was for name-sake, failing to work on the demands of the workmen,
therefore leading to the Second Factory Commission in 1884. Narayan Meghji Lokhande
ensured that the concerns were diligently heard by the commission, by submitting a
memorandum signed by 53000 workers and himself to the commission. Soon in 1894 he
organized a rally of 1000 workers to demand weekly Sunday off, half an hour rest period,
reduction in working hour, compensation for injuries sustained during work, timely payment
of wages etc., this memorandum was submitted to the Mills Owners’ Association who finally
caved to the demand of the workers. This success led to the origin of first organized trade
union in India known as Bombay Millhands Associations.

2. End of WW1 1919-End of British rule 1947

This period marks the second phase of the trade union movement, as it projected new issues
and problems engulfing the workers. The end of WW1 implied economic difficulties and
depression, especially since the British used the Indian resources to fight the war as well.
Therefore, in this period the workers witnessed further depreciation in wages, increase of
working hours and exploitation; nullifying their achievement in the first phase. this led to an
awakening for a collective action to be against the employers to demand better working
conditions. Furthermore, this phase saw the rise of Swaraj Movement that demanded racial
equality with their British employers. The Indian domestic movement also gained recognition
and prevalence with the establishment of ILO. The ILO contributive greatly in inspiring and
giving momentum to the trade union movement leading to the formation of All India Trade
Union Congress in 1920. It was the Trade Union Act 1926 that finally regulated trade
unions in India, providing a legal status and recognition to the registered trade unions. The
registered tare unions enjoyed certain protection from civil and criminal liability, giving them
the freedom to operate.

3. Post 1947-1970- Present scenario

With the independence and partition of the country, the primary challenge was to ensure that
the workers are able to retain the privileges and immunities that they finally received before
independence. Such struggle led to massive strikes and collective actions at the wake of
independence. The trade unions also witnessed the dominance of political influence and
vested interest prevalence right after independence. However, today the role of trade unions
is indispensable, every important decision concerning the workers or labor by the government
or employers is taken after consulting them. They have been playing an active role in
formulating policies and industrial legislations for the benefit of the working class and with
the intention of maintaining relations between the employer and employees. The unions have
used various techniques such as joint consultation, negotiation, collective action etc. to have a
say in the management that affects the workers. Some of the well known trade unions of
India are: All India Trade Union Congress, National Trade Union Congress, Bhartiya
Mazdoor Sangh, Mazdoor Sabha etc.

Conclusion

The trade unions are a necessity in the wake of globalization and industrialization to protect
the interests of the working class, the Indian trade union movement had been very successful
in establishing a structural mechanism for workers and giving them a voice of representation.
However, the over politicization of trade unions sometimes leaves the real concerns of
workers un-addressed, while focusing mor on the political propaganda of a party. However, it
has to be realized that such politicization was possible because the parties became the major
source of fundings for the unions, making their independent functioning impossible.
Therefore, for an independent mechanism to flourish security of funds is an essential
criterion. However, despite such politicization, it is undisputedly true that the labor
movement of India revolutionized the discriminatory working regime in the country.

Problems Faced by Trade Unions in India

Trade Unions are voluntary organizations or associations of workers or wage earners formed
with an integral objective of collective welfare and action, ensuring active representation for
their concerns. The unions ensure that the workers and employees have a say in decision
making of the management and employers, with respect to issues that concern them. Trade
arev formed, with the primary objective of regulating the relations between the employer and
employees, employer and workmen, or between employer and employer, or workmen and
workmen. The purpose of the trade unions can also be to regulate or restrict some conduct of
trade or business for the welfare of the labor. This definition has been provided under Section
2 (h) of Trade Unions Act 1926.

The trade unions had gained a lot of momentum in India and have been recognized formally
in India. the Trade Union Act 1926 gave lawful recognition to the registered trade unions,
providing immunities against civil and criminal liability. The country witnessed a long and
glorious trade union movement where the workers managed to protect their interests and fight
against racial and economic discrimination.

However, there are certain primary problems that the Trade Unions in India face, hampering
their growth and preventing them from functioning at optimum capacity. Some of the primary
problems and issues faced are:

1. Multiplicity and smallness of unions

The primary problem that the trade union mechanism of India faces is that there are multiple
number of unios, with scarce membership and the size of each union is very small. The issue
with the small size is that, it reduces the bargaining and negotiating power of the union as the
people affected or concerned are less. Furthermore, multiplicity of small unions is usually
remarked with lost fundamentals, inactive participation and weaker purpose. In India, the
minimum members required is just 7, which is very small and scarce to give any active or
real role to the trade union, channelizing any real change.

2. Non-uniform growth of unionism

the growth of trade unions has been very non-uniform in India implying that certain sectors
and industries witness a large number of unions, while certain untapped sectors have no
union leaving the workers of that industry without any recourse and remedy. For instance,
factories and mill workers mainly have a large number of unions, while the agricultural
workers, domestic helpers, small enterprise workers etc. reflect a lack of it thereof. similarly,
metropolitan cities or industrial areas have a large number of unions while small towns and
cities do not have such good representation in their area.
 3. Lack of funds and financial autonomy

Funds and finance have a direct nexus to any organization or association’s freedom and
independence of operation. The reliance of trade unions on outside sources and political
parties for their funds, is detrimental to the cause of workers and unions; and a complete lack
of funds in toto renders them incapable to make any change or take any action. The lack of
finance combined with small membership hampers their ability to take any welfare action.
For instance, any long-phased strike or collective action against an employer would require
funds for sustenance of workers and operation of strike, thus, the lack of it forces the workers
to resume work without any real change.

The farmers protest in India during the pandemic has been one of the longest and most
successful protests in the country. However, it has to be realized that one of the major factors
that made it successful was that there was financial backing from internal diasporas,
wealthy farmers, Sikh community, political parties etc. to ensure sustenance of the
farmers who were protesting and not working.

4. Political influence and dominance:

Right after independence, it was noticed that the trade unions were engulfed by the influence
of political parties, expecting them to propagate their political agendas. The multiplicity of
unions is also credited to the over influence of political professionals and parties, as they have
been created for the vested interests of the party. The political influence has diverted the
purpose of unions, and prevents them from representing the real issues of the workers to the
concerned authorities.

5. Intra-Union rivalry

The trade unions these days lack a common objective and purpose, the multiplicity of unions
have in fact created an atmosphere of hostility and rivalry among them, rather than
channelizing that energy into welfare activities. The trade union rivalry escalates to the extent
of sabotaging one’s functioning and normal course of business, making the workers
apprehensive of the success and purpose of the union in itself.

6. Lack of labor literacy

The labor or workers in India are still not literate, they are unaware of the various tools and
mechanisms that can eb efficiently used for their benefit while taking any collective action.
They are not aware of the functioning and nitty gritty of the trade union, to approach them
with their issues and take necessary action. Thus, mobilizing the working force to take an
action, strategizing an action plan and executing it is often difficult and impossible.
Furthermore, the prevalence of caste, religion and class discrimination further sabotages the
cause.

7. Leadership

The trade unions lack efficient leadership, there is no ‘intellectual force or leadership’
provided to them, in order to help them mobilize and fight for their cause or represent their
issues in the correct forums. The only outside leadership available to them is through the
political parties who have their own vested interests to fulfill.

8. Non-cooperative management

The management or the employers fail to recognize the trade unions and the authority of their
leaders. They attempt to create a wedge between the unions in order to fulfill their interests,
and divulge from addressing the concerns of the workers. The management is able to employ
best intellectual aid through availability of funds, to in fact counter-productively use to the
loopholes in the labor legislation to their benefit and suppress any arising collective action.

9. Private Sector

There is a clear lack of trade unions and association in the private sector where only 30% of
the workers are part of the trade unions, thus, restricting the scope of trade unions and
limiting their utilization to the optimum level. Private sector usually has the funds and
resources to create change, however, their disinterest and disbelief in the system has gate kept
them from joining the union.

To conclude, these are primary and major problems faced by the trade unions in India, the
common factors creating such problems are lack of funds and leadership, political influence,
and multiplicity of trade unions. Therefore, there are certain corrective recommendations that
can resolve such issues for instance, encouraging outside intellectual leadership to pave way
in the matters of the workers, provision of adequate funds from the government under
statutory obligation, spreading literacy about the functioning of the unions, encouraging
union security etc. can be instrumental in shaping the trade union movement in India. with
such a large workforce and a growing economy that is looking for investments from across
international borders, it is pertinent that the country safeguards its workers and strengthens
the status of trade unions by rectifying these problems.

4. LABOUR POLICY OF INDIA AND LABOUR REFORMS

Introduction

The fundamental principles governing the labor laws and policy of India is that it is a welfare
state, that must provide for the mechanisms for adequate representation of the workers and
safeguard their interests in a systematic manner. India recognizes the fundamental right to
freedom of association that allows the workers and employees to form a voluntary association
and take collective actions for improvement of their employment conditions. The policy of
India is such that it has been signatory to the ILO implying that they have an obligation to
maintain the minimum standards for labor and employment conditions guaranteed through
statutes.

Analysis of Labor Policy of India

Since India is a democracy and socialist state, the government has the responsibility to
actively interfere for the protection and upliftment of the workers. The state has been
recognized as the guardian of the interest of the community bestowed with the responsibility
to run welfare and community programs. The labor policy of India, being in consonance to
the fundamental rights, has recognized the right to take a collective action peacefully to
demand justice, against authorities and government. For instance: Farmer protest in 2020,
has been the strongest example of a collective action taken against the laws passed by the
government.

The government aims, especially can be witnessed through the growth of trade unions, to
garner cordial relations between the employer and employees, and guard the economic needs
of the community. The government encourages collective action, mutual negotiation,
peaceful tripartism etc. for ensuring cooperation between employer and employees,
maintaining productivity and overall enhancing the status of the workers in the industry.

The jurisprudence formulating the labor policy is derived from the fundamental rights
enshrined under the constitution in form of fundamental rights and directive policies.
 1. The workers have been given the right to choose one’s profession or occupation
without being coerced into forced labor or bonded labor or begging or trafficking as
provided under Article 23 of the Constitution.
2. The workers have the fundamental right to be protected against any kind of
discrimination such as gender, race, caste, creed or religion as per Article 15 of the
Constitution.
3. The Constitution of India 1950, strictly prohibits child labor under Article 24 by
stating that no child below the age of fourteen years can be employed at any factory or
mine or industry or any hazardous employment.
4. The constitution also provides for the maintenance of fair and humane working
conditions, that have to be in consonance to the international standards such as
providing minimum required wages, humane working hours, insurance and
compensation against injury during employment etc.
5. Social Security, welfare and redressal of grievances etc. have also been considered
fundamental to the objectives of the welfare state, provided in the constitution through
fundamental rights and directive principles.
6. Under Article 19 of the Constitution, every individual has been guaranteed the right
to freedom of speech and freedom to form association or union, that lays the
foundation for the legitimacy of trade unions and associations in India.

Furthermore, through Article 39 of the Constitution 1950 the state has been obligated to
follow certain state policies or directive principles such as: a) providing adequate means of
livelihood to men, women and citizens equally. This has also been enshrined as a
fundamental right under Article 21 under the right to life, b) equal pay for both men and
women is another directive policy that the state is under the obligation to enforce, c) health
and strength of workers, men and women should not be abused, the children and their
innocence should not be exploited, d) the children must have all the opportunities to develop
in a healthy manner. As an extension to this, right to education has also been included as a
fundamental right under the constitution. Under Article 41 the state must make optimum
efforts to provide, work and education to people in case of unemployment, old age, sickness,
disablement etc, as per their economic capacity and development. Further Article 42, makes
provisions for humane and working conditions, by providing adequate leaves such as
maternity leaves and so on. Article 43 covers the obligation and directive for the state to
strategize to develop the economy in such a way that optimum wage is provided to the
agricultural, industrial and wage workers. The government must take measures to work on
the quality of life, standard of lifestyle, happiness index, work life balance etc. and focus on a
holistic development. Furthermore, Article 43 A provides that the government must take
measures through legislation and statutory provisions to ensure that the workers have a voice
and representation in the matters of the management that concern and affect the workers.

Analysis of Labor Reforms-2019

In 2019 the central government proposed to repeal the 29 labor laws that were in place, and
replaced them with four consolidated codes with the primal objective of modernizing labor
regulations and simplifying them. The four codes are as follows: a) The Code of Wages
2019, b) Occupational Safety, Health and Working Conditions Code, c) the Code on
Industrial Relations and d) the code on social security. The labor policy has a major challenge
of treading the balance between the interests of workers while promoting employment
growth. the large number of legislations making it complicated to follow, thus, mandating the
simplification of laws.

The Code on Wages Act 2019 replaces the Payment of Wages Act 1936, the Payment of
Bonus Act 1965, the Equal Renumeration Act 1976 and the Minimum Wages Act 1948. The
objective of the Code on Wages Act 2019 is to ensure that every individual and the entire
labor force irrespective of their sector or wage ceilings. The Act focusses and emphasizes on
the timely payment of wages to all employees, especially in the unorganized sector.

The Industrial Relations Code has replaced the three major existing legislations: a) The Trade
Union Act 1926, b) The Industrial Dispute Act 1947 and c) the Industrial Employment Act
1946. The act provides for collective bargaining, tools of collective action such as strikes, lay
off, retrenchment etc., focusses on the resolution of industrial disputes amicably. The Code
has increased the threshold from 100 to 300 implying that establishments with workers more
than 300 are required to take prior permission from the government for any closure, lay off or
retrenchment. Further, the Code made the nature of employment more flexible by also
lawfully recognizing fixed term employment under the short-term labor criteria. Furthermore,
with respect to trade unions, the Code has created a criterion of recognizing the trade unions
that can negotiate with the employers.

Under the Occupational Safety, Health and Working Conditions Code 2020, the array of
legislations have been consolidated including the Mines Act 1952, the Contract Labor Act
1970, the Inter-state migrant Workmen Act 1979 etc. The Code focusses on regulating the
health and safety conditions of the employers in all sectors, especially the ones employed in
hazardous circumstances such as mines or docks. The government will take the measure of
prescribing adequate working hours, necessary standard protocols, hygiene standards, safety
measures etc. for every sector separately. Places such as factories, mines and docks would
also require additional compliance mandates such as licensing, NOCs etc.

Lastly, the Social Security and Welfare code focuses on providing social security to all
employees whether employed in organized sector or unorganized. The Code also brings gig
workers, platform workers, unorganized sector under the purview of social security schemes
and policies to create a better working environment. Further, policies such as life insurance,
disability benefits, health and maternity benefits etc. are provided to all persons included
under the ambit.

Conclusion

The labor policy of India is based on the scheme of a welfare state, with the objective of
providing adequate benefit and welfare to the employees and ensuring relations between
employers and employees. The constitution provides for the central foundation for the
jurisprudence of labor policy in India. however, while the fundamental rights have been
implemented in the country, some of the directive policies are still a far cry. For instance, the
demand for equal pay for men and women, better provisions for maternity leave, work-life
balance etc. are still a directive in India. therefore, additional steps such as ensuring a 5-day
week or ensuring a quality lifestyle is still not possible in India. In the wake of UAE’s new
rule regarding the four and half day week, India must reevaluate their working environment.

The present labor reforms in the labor policy have been long due, as the diversity of
legislations pertaining to similar subject matter made it complicated and difficult to
implement the provisions. Furthermore, important changes such as widening the ambit of
workers and types of employment as per the digital economy was a necessity.

5. Industrial Relations Code: Manesar plant case notes

MSEU- Maruti Suzuki Employees Union. 2 shifts with 8 hours each. 1152 cars each day.

The Manesar plant witnessed three strikes.

13 day strike demanding the recognition of MSEU

33 days standstill between management and workers

14 day strike

Demands: higher wages, better working conditions and temporary employees should be made
permanent to enitile them to employee benefits and demanded the recognition of independent
working union.

A tripartite agreement was signed- Haryana govt. management and workers