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Findings under the Worker’s Right

Prohibition of Force The law prohibits The legislation The law does not Even though the law
and Compulsory "slave labor," which forbids any form of explicitly define what forbids any kind of
Labor is defined as "placing forced or coerced constitutes forced forced or coerced
someone to a work. Anyone found labor or outlaw all labour, it has
position analogous to guilty of engaging in forms of it. Instead, continued to exist,
slavery," such as forced labor is the SAR employs its including bonded
submitting someone subject to jail and Employment and labor for both adults
to forced labor, other legal Theft Ordinances to and children (see
financial bondage, repercussions. Such prosecute labor 7.c.).
demanding work penalties were violations and
hours, and labor severe enough to related offenses. The
performed in deter offenders. consequences for
substandard working these crimes weren't
conditions. severe enough to
deter violations.
Freedom of Collective bargaining The law gives The law safeguards Businesses are not
Association and the rights and workers the freedom employees' rights to obligated to
Rights of Collective associational to form and join strike lawfully and recognize unions or
Bargaining freedom were independent unions, form independent participate in
generally to legally strike and unions without collective bargaining,
safeguarded. In the to engage in restrictions or prior even though the law
private sector, collective bargaining, approval, but it does provides the
collective bargaining apart from the not guarantee their freedom to form,
was typical. Political military and police, rights to collective join, and negotiate
parties or the but it also places bargaining or require unions. The Sikkim
government had no several restrictions employers to engage state government
power over labor on these rights. For in negotiations. required prior
unions. instance, the ILO Conflicts within the approval before a
views as labor movement and trade union could be
unreasonable the a lack of collective registered. The
requirement that bargaining rights, federal and state
unions represent according to trade governments'
51% of the unions, reduced the employees' capacity
employees in a bargaining power of to organize is
company to engage employees. constrained by the
in collective Government law.
bargaining. Strikes employees are
are also not allowed specifically banned
until the mandatory by law from engaging
mediation in collective
requirements have bargaining. The law
been met. An prohibits firing an
absolute majority of employee for going
corporate workers on strike and deems
must officially unlawful any clause
support the strike, in an employment
the Ministry of Labor contract that
must be notified in penalizes a worker
writing, and there for going on strike.
must be a 10-day The police
waiting period commissioner has
following notice broad authority to
before the strike may oversee and plan
start. Employees of public events,
the government and including strikes,
other crucial public where doing so will
employees are not promote public
allowed to strike. safety or national
Government officials security.
appreciate teachers,
as well as employees
of the water, energy,
hospital, and
pharmacy industries.
The law forbids
terminating an
employee for taking
part in union
activities, such as
acting on a
committee to form a
union and prohibits
anti-union
discrimination. The
Government of Labor
must register unions
for them to be
considered legal,
however if the
ministry does not
reply to an
application within 30
days, the law
provides for
automatic union
recognition. The law
gives unions the
authority to run their
businesses
independently of
governmental
oversight.
 Associations that are
registered with the
Office of Public
Administration may
be formed by public
sector employees.
Prohibition of Child The legislation The law limits The most harmful The more egregious
Labor and Minimum forbids any form of employment of forms of child work forms of child labor
Aged for child work. The use children under the are forbidden by law. were all prohibited.
Employment of threats, assault, age of 16 to six hours No one under the Employing anybody
coercion, fraud, or per day and prohibits age of 15 is allowed under the age of 14
abuse must be employment of kids to work in an is against the law.
shown for child under the age of 14 industrial setting. The law also
trafficking laws for altogether. The law Laws prevent minors prohibits placing
forced labor prohibits night work under the age of 18 youngsters between
exploitation to be and prohibits minors from working the ages of 14 and 18
upheld, which is in from working in overtime at industrial in hazardous jobs.
violation of hazardous vocations businesses with Laws prohibit minors
international norms. that include heavy dangerous skills. from using
Apprenticeships can machinery, harmful Children between flammable liquids,
start when a person chemicals, or moving the ages of 13 and 14 explosives, or other
is 14 years old, and bulky objects. The are permitted to hazardous items. The
the legal working age statute imposes fines work in some non- list of hazardous
is 16. The law forbids and prison sentences industrial businesses industries, including
juveniles under the for child labor under circumstances family companies,
age of 18 from offenses. Penalties that provide a where children under
working in unsafe, were strong enough minimum of nine the age of 18 are not
risky, or unethical to discourage years of education allowed to work and
conditions or doing disobedience. and safeguards for where children under
physical labor. their welfare, safety, the age of 14 are not
Domestic help, and health. allowed to help was
garbage scavenging, expanded by the
and fertilizer Ministry of Labor and
production are just a Employment in 2017
few of the 13 with the addition of
occupational groups 16 industries and 59
that make up processes.
hazardous work. The
legislation prohibits
minors from working
as apprentices
without their
parents' permission.