Labour Law

Overview By Dr. Shekhar

Constitutional background
The Constitution is the source of all legislations. So it is necessary to have a close look at the Indian constitution before taking up Indian labour legislation. Matter connected with labour laws are covered in List III, Concurrent List of Seventh Schedule Entry No. 22 Trade Unions; industrial and labour disputes Entry No. 23 Social Security and Social insurance; employment and unemployment. Entry No. 24 Welfare of labour including condition of work, provident fund, employers liability, workmens compensation, invalidity and old age pensions and maternity benefits. Entry No. 36 factories The only exception is that Industrial Disputes concerning Union Employees is in List I i.e. Union subject.

Constitutional background.. Cont.

In list III, Central Government as well as State Governments can pass laws in respect of labour matters. However, most of laws relating to labour matter have been passed by Parliament and are uniform all over India. Some of the Acts have been modified by States to suits their requirements. However, main Acts like gratuity, bonus, provident fund, ESI, Apprentices Act, Factories Act etc are uniform all over India.

Fundamental Rights and Labour Laws

Part III of the Indian Constitution provides a long list of fundamental rights which run from art. 12 to 35. These fundamental rights represent the basic values cherished by the people of this country to - protect the dignity of the individual and create conditions in which every human being can develop his potentiality to the fullest extent. - they weave a pattern of guarantees on the basic structure of human rights and impose negative obligations on the state not to encroach upon individual liberty in its various dimensions.

Fundamental Rights and Labour Laws.. Cont.

Article 12: Definition of State Article 13: Laws inconsistent with or in derogation of fundamental rights be void Article 14: Equality before law the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of Indiaissue of sexual harassment at workplace and equal pay for equal work. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article 16: Equality of opportunity in matters of public employment. Article 19: Protection of certain rights regarding freedom of speech etc. All citizens shall have the right to a) freedom of speech and expression; b) assemble peaceably and without arms; c) form association and unions; d) move freely throughout the territory of India; e) reside and settle in any part of the territory of India and f****; g) practise any profession, or to carry on any occupation, trade or business. Article 21: Protection of life and personal liberty. Article 21A: Education for Children Article 23: Prohibition of traffic in human beings and forced labour (Bandhua Mukti Morcha v. Union of India) Article 24: Prohibition of employment of children in factories, etc. Article 32: Rights of constitutional remedies (Remedies for enforcement of rights conferred by this part) Habeas Corpus, Mandamus, Prohibition and Certiorari

Benevolent legislation
Labour legislation is mainly a benevolent or beneficial legislation. basic philosophy behind labour laws is that of protection Thus, opting out of labour legislation is not permitted. e.g. contract signed by a worker that he is willing to forego benefits of provident Fund or ESI will be a void and un-enforceable contract.

Labour Laws in current context

Labour law seeks to regulate the relations between an employer or a class of employers and their workmen. it touches the lives of millions of men and women who constitute the labour force most labour legislations are not applicable to unorganized labour - about 93% of the entire labour force.

Labour Laws in current context.. Contd

most labour legislation is more than five decades old. over protective, over-reactive, fragmented, outdated and irrelevant and have created hurdles in achieving the target of ensuring fair labour practices

Labour Laws in current context.. Contd

emergence of globalization, liberalization and privatization - brought new challenges mounting pressure to reform labour laws. Second National Commission on Labour It has made some headway in removing the irritants no positive steps have been taken to give legislative shape to the recommendations of the Commission.

decided cases of the Supreme Court and High Courts

marked shift in the approaches of the Indian judiciary in the area of: discipline and disciplinary orders, compliances of natural justice, bandhas and demonstrations, retrenchment, and among others on managements prerogative during the pendency of proceeding before labour tribunal.

decided cases of the Supreme Court and High Courts.. Contd

trend in the decisions of the Supreme Court is to strike a balance Earlier only the interest of workmen were focused on, the current emphasis on ensuring fast industrial growth in the country In several decisions the Court noticed as to how discipline at the workplace/ industrial undertaking received a setback the Court felt that it may not now be proper to allow employees to break discipline with impunity. All actions, therefore, must be taken in accordance with rule of law.

Thanks