I am going to discuss Labor law in India. This law is also known as Employment Law.
Labor means that productive work which especially involves physical work and must be done for wages.
Labor Law Categories
Labor law mainly categorized in following law, which are given as below:
Collective Labor Law: It regulates the tripartite relationship between the employee, the employer, and the trade union.
Individual Labor Law: It regulates employee's rights at work.
Functional Area of Labor Law
Labor Law mainly covers:
Industrial Relationship: It is related to the certification of unions, Labor-management relations, collective bargaining, and unfair Labor practices.
Workplace Health and Safety: It is related to health and safety of workers.
Employment Standards: It is about leave, annual leave, working time, unfair terminations, minimum wage, delivery procedures, and compensation payment.
Purpose of Labor Legislation
There are some of the following main purposes of labor law:
- It establishes a legal system, which facilities productive individual and collective employment relationships, and ultimately a productive economy.
- It provides a system within which employers, workers, and their representatives can interact with regard to work-related issues. Further, it serves as an important vehicle for maintaining harmonious industrial relationships based on workplace democracy.
- It provides a clear and constant remainder and guarantee of fundamental principles and rights at the workplace.
Constitutional Provisions
Part 3: Fundamental rights
Article 14: Equality before the law and equal protection of the laws.
Article 15: No discrimination on the grounds of sex, caste, religion, color, race, and place of birth.
Article 16: Equal opportunity in employment (no discrimination on the grounds discussed in Article 15).
Article 19(1)c: It gives the right to form associations or unions.
Article 23: Strictly prohibits all sorts of trafficking and forced Labor.
Article 24: Strictly prohibits child Labor (below 14 years old) in hazardous factory/ industry.
Part 4: Directive Principles of State Policy
Article 38(1): Every state needs to promote the welfare of the people.
Article 38(2): Every state should minimize the inequalities in income.
Article 41: Right to work, to education and to public assistance in certain cases.
Article 42: It ensures human conditions of work and maternity relief.
Article 43: State shall endeavor to secure a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Labor Policy in India
There are some major Labor policies in India which are given as below:
- Creative measures to attract public and private investment.
- Creating new jobs
- New social security schemes for workers in the unorganized sector.
- Social security cards for workers.
- Unified and beneficial management of funds of Welfare boards.
- Reprioritization of allocation of funds to benefits vulnerable workers.
- Model employee-employer relationships.
- Lon term settlements based on productivity.
- Vital industries and establishment declared as "public utilities."
- Special conciliation mechanism for projects with investments of Rs.150 crores or more.
- Indutrial relations committers in more sectors.
- Labor law reforms in tune with times. An empowered body of experts to suggest required changes.
- Statutory amendments for expediting and streamlining the mechanism of Labor judiciary.
- Amendments to industrial disputes Act in tune with the times.
- Efficient functioning of the Labor Department.
- More Labor sectors under the minimum wages act.
- Child Labor act to be aggressively enforced.
- Modern medical facilities for workers.
- Rehabilitation packages for displaced workers.
- Restructuring in the functioning of employment exchanges, Computerization, and updating of the database.
- Revamping of curriculum and course content in industrial training.
- The joint cell of the Labor Department and industries department to study changes in laws and rules.
If you think your employer doing your exploitation then you can file a complaint against the company at Voxya, an online complaint forum in India.
Voxya पर सिर्फ 5 मिनट में शिकायत कैसे दर्ज करे जानने के लिए यह वीडियो जरूर देखे | (How To File Consumer Complaints Online at Voxya Just in 5 Minutes?)