 Introduction to the Learning-Teaching Methodology to be used during the course

 Interrogating the Purpose of Labour Law

 Reflecting on the Formal and Informal Sector Divide

 Overview of Industrial and Labour Law in India

Even in formal sector establishments, we find informal workers without the benefit of any labour laws

Factors explaining the continued dominance of informal labour outside Labour laws

 Structural Factors
o Footloose migrant labour/undocumented cheap labour
o Engagement of workers on informal basis – without formal written contract
o Temporary engagements
o Technological changes – dispersed work
o Patterns of work engagement – contracting and subcontracting [outsourcing]

 Exclusionary elements in Legal Design

o Most of labour laws are not universal
o There are exclusions for various categories - workmen under industrial disputes acts- managerial, supervisory, administrative
workers
o Some laws have salary-based ceilings – Employees Social Insurance Act1948 - 21000
o Focus on Employment excludes self-employed workers and excluded atypical workers
 o Many of the laws have numerical threshold – most laws apply only to establishments which have a minimum number of workers
 Factories Act – 10/20(for establishments which do not use power)
 ESI – 10
 CLRA - 20
 Sixth Economic Census – 2013-14 – 94 % of workplaces/establishments have less than 5 workers

Challenges in Regulation of Informal Sector

 Design of existing labour laws have been built around formal sector worker – Fordist Model of Production is not suitable to informal
worker
 Regulatory infrastructure
 Heterogeneity of informal work
 Unionisation and Collective bargaining are relatively more difficult for informal workers
 Precarity of work
 Dispersed nature of work
 Lack of security of tenure
 Lack of awareness
 Barriers of other identities

Four Major Areas of Labour Laws in India

 Laws on Trade unions and industrial relations – Industrial Relations Code

 Laws on Wages and other Wage –related Claims – Code on Wages
 Occupational Safety and Health – OSH Code
 Laws on Social Security – SS Code