"Finding the Labourer and their rights in India”

Identification and classification of distinct individuals according to their duties and

obligations are critical in the intricate web of legal systems. Labourers or workmen are one
such classification. The term "labourer" or "workman" has broad implications, particularly in
the context of labour laws and regulations. Today’s Shram Post dives into the legal
definitions, meanings, and significance of labourers or workmen in the Light of Indian Laws.

1. In India, who is a Labourer?

When you Google the term “Who is a Labourer, you will fid a definition like “a person
whose job involves hard physical work” But in Indian labour Laws, All the Employees in
the public sector or private sectors and workers in the formal sectors are protected with
the Indian Labour laws.

There are certain definitions given for defining Workmen in Indian Laws such as one in
ID act, 1947 which defines a Workmen as an individuals employed in any industry for
manual, technical, sales promotion, operational, clerical, or supervisory work, including
hiring or reward promotions.

there are steps been taken for those informal Workers, like in our previous Shram post we
discussed about “Rajasthan’s Gig Workers Bill” and we may expect more in the future

Workers in the formal (particularly public) sector in India are sufficiently protected by
legal regulations, yet they constitute only a fraction of the labour force. Over 90% of the
overall workforce is in the informal sector, including 95% of those in agriculture and
similar occupations. These workers have always been subjected to an open market that
has been unprotected by labour regulation or state regulatory machinery. Their
employment and working conditions are solely determined by supply and demand. They
are obliged to accept the most exploitative work arrangements in a labour surplus market.

2. Rights of the labours in India

The Indian Constitution guarantees fundamental rights to citizens, including equal

employment opportunities and union freedom. The country has comprehensive
legislation covering worker life, with ILO Conventions and Recommendations
influencing wages, working conditions, welfare, and social security. The Indian Labour
Conference (ILC) defines policies to enhance working people's welfare.
There are certain Indian laws which protect the rights of the labours,
The workmen compensation act of 1923 provides for compensation, Alternate remedies
and medical assistance to a worker. Just like this act, there are a total of 40 Central
labour Acts That are active in our country. These provides for the rights to the labours
in the formal sector.
Here are the examples of the major acts for the Labour rights and what they provide
for the Worker: -
 Minimum Wages act
It governs the minimum wage or salary for the worker, albeit the minimum wage
varies depending on the individual's state of domicile. The minimum salary is
determined by an employee's Skill and designation.
 Payment of wages act, 1936
It basically states that an employer must pay an employee's salary by the 7th day of
each month, or else action would be taken against the employer. This statute also
provides for deduction, which specifies how much a firm may deduct from your pay
or wage.
 Equal Remuneration act, 1976
This Act to provide for the payment of equal wages to men and women workers, as
well as the prohibition of discrimination against women in the workplace.
  Provident fund Act 1952
This Act provide for the institution of provident funds pension fund and deposit-
linked insurance fund for employees in factories and other establishments

3. Protection of Bonded labour

Due to the harsh and exploitative nature of this practise, protecting the rights of bound
labourers is critical. Bonded labour, often known as debt bondage, happens when
people are forced to work because of obligations or loans. These people are frequently
exposed to inhumane working conditions, low or no pay, and different sorts of
physical and psychological abuse.
The gathering more information about these labours, the team CASLW also visited
the NGO called “Apna Farz”

 One of the most important acts passed by the central government for the
protection of the rights of the labours is The Bonded Labour System (Abolition)
Act, 1976.
 This Act was enacted to ensure the protection of the fundamental rights and
dignity of individuals who were trapped in such conditions
  The Act defines bonded labour as a labourer who works or provides services under
the bondage of his employer due to a debt or other obligation. The labourer is
unable to quit the service until the debt is repaid.
 The Act establishes procedures for identifying, releasing, and rehabilitating
bonded labourers. District Magistrates have the authority to identify bonded
labourers, free them from their bonds, and provide rehabilitative help, such as land
or financial assistance.

4. CONCLUSION
In the tapestry of India's labour force, upholding laborers' rights is a fundamental
commitment. Navigating the intricate web of laws, encompassing both formal and
informal sectors, demands proactive measures. As India strides towards economic
growth, safeguarding fair wages, safe conditions, and social dignity for laborers must
remain paramount, driving equitable progress and harmonizing the nation's workforce
fabric. And knowing ‘ Who is a labour” is the most important for the enforcement of
these rights.