Industrial Relations and Labour Enactments

Industrial RELATIONS &

LABOUR ENACTMENTS

UNIT:I- INTRODUCTIONContents:

Labour Laws : Concept &Definition Development of Labour Laws in India Provisions in Indian Constitution for

Labour Welfare:

a) Directive Principles

b) Fundamental Rights

c) Preamble

What is LAW?

“Law is the set of rules and regulations

framed by the state for the governance of

the country and enforced by sanctions.”

Lloyds

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LAW

• Law denotes rules & principles either enforced by an authority or self imposed by the members of a society to control & regulate peoples behavior with a view to securing Justice, peaceful leaving & social security.

CONSTITUTION

GENESIS OF LAW

Other Laws Labour Laws

Labour Laws : Concept & Definition

• Definition :

Legislations which regulate the

working conditions of Labour and the

relations between employer and

employee in Industrial Establishments.

• Working Conditions include: Proper

wages,Compensation,Measures for the

health safety & welfare of workers.

• Need for Labour Laws:

Labour Laws were enacted to primarily

combat two evils of industrialisation.

The two main & related labour problems are:

Economic Evils:i. Inadequate wages.

ii. Employment Insecurity.

iii. Lack of compensation for victims of Industrial accidents.

Social Evils:i. Migration of rural

population.

ii. Breakdown of joint families to nuclear families.

iii. Social Insecurity like hazards related with working conditions in industries

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• Growth of Labour Law:

• Growth of Labour Law:

• It grew with the growth of Industry

• Need for Labour Legislation : - The Relationship between Workers & employers is

one of Partnership in the maintenance of production and the building up of the National Economy.

The Community as a whole as well as individual Employers are under obligation to protect the well being of workers & to secure to them their due share in the gains of economic development.

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A) Individual workers are Economically Weak.B) The Workers are Exposed to certain Risk.C) To increase Bargaing Power of Workers.D) To Avoid Industrial Disputes.E) To Protect children & WomenF) To Provide Compensation to WorkersG) To advance the Interest of the working people.

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Object of Labour Law

1. To Improve the Service conditions of Industrial Labour so as to provide for them the ordinary amenities of life , & by that process,

2. To being about Industrial Peace which could in its turn accelerate productive activity of the country resulting in its prosperity.

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Principles of Labour Legislation

1. Social Justice 2. Social Equity 3. International Uniformity

Development of Labour Laws in India

• Outbreak of labour movement in our country after first world war.

• Madras labour union established in 1918 to redress the post war distress related to steep hike in prices & low wages.

• Followed by strikes in jute & cotton mills of Jamshedpur,Bombay & Ahemadabad.

• As relief,Factories Act,Workmen’s Compensation Act & Trade Unions Act were enacted by British rulers by taking the social security measures of Britain as role model.

• Reports & the recommendations of the Royal Commission on Labour in 1929 formed the foundation of the Labour Legislations in India.

• After independence the ideologies of the great thinkers like Gandhiji, Pt. Nehru etc. regarding labour welfare were written in our constitution and Labour laws were enacted by the parliament and State legislatures.

Indian Constitution and Labour Welfare

LABOUR LAWS

DIRECTIVE PRINCIPLES FUNDAMENTAL RIGHTS

PREAMBLE

CONSTITUTION

Preamble

“We, the People of India having solemnly resolved to constitute

India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens :

Justice, social, economic and political;

Liberty of thought, expression, belief , faith and worship;

Equality of status and of opportunity; and to promote among them all;

Fraternity assuring the dignity of the individual and the unity and the integrity of the Nation

In our Constituent Assembly this 26th day of November,1949 do Hereby, Adopt, Enact and give to Ourselves this Constitution.”

FUNDAMENTAL RIGHTS

These are the rights which are considered to be essential for the individual for the attainment his full intellectual, moral and spiritual status; the negation of the same would render his potentialities underdeveloped.

• Hence these rts. have been provided in Part III of our Constitution and made justifiable under Article 32 & 226 of our Constitution.

• However, these are not absolute Rts. and are subject to certain restrictions which limit their scope to avoid the state of anarchy.

• The Fundamental Rts. which provide for labour welfare are:

Relevant Fundamental Rights:a) Article 14: Equality before Law

b) Article 15: Prohibition of Discrimination

c) Article 16: Equality of Opportunity

d) Article 19(1)( c) : Freedom to form Associations

e) Article 19 (1)(g) : Freedom to practice any profession

f) Article 21 : Rt. To life and personal liberty

g) Article 23 : Rt. Against Exploitation

h) Article 24 : Prohibition of employment of children

a) Article 14 : Equality before Law It declares -

“the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

• It aims at establishing “equality of status” as provided in the preamble of the Constitution.

• The concept implies the absence of any special privilege in favour of individuals and the equal subject of all classes to the ordinary law.

• ie. The capitalist and the labour stand at the same platform before law for seeking redressal.

b) Article 15 : No discrimination on grounds of religion, race, caste etc.

• This Article directs the State not to discriminate against the citizen on the grounds of religion,race,caste,sex or place of birth and the state is empowered to make special provisions for women and children.

c) Article 16 :Equality of opprtunity in public employment

This article guarantees equality of opportunity for all citizens in matters of‘employment’ or ‘appointment’ to any post under the State.

d) Article 19(1)(c) : Freedom to form Association

This Article guarantees to all its citizens the right to form associations and unions, however, restrictions can be imposed in the interest of public order,morality and integrity of the nation.

e) Article 19(1)(g) : Freedom of profession , occupation, trade or business

This Article guarantees to all citizens the right to practise any profession,or to carry on any occupation, trade or buisness

f ) Article 21 : Right to Life and Personal Liberty

It says that no person shall be deprived of his life or personal liberty except according to procedure established by law

g) Article 23 : Right against Exploitation

This Article prohibits traffic in human beings and similar forms of forced labour.

h) Article 24 : Prohibition of employment of children in factories etc.

This Article prohibits the employment of children below 14 yrs. of age in factories and hazardous employment.

DIRECTIVE PRINCIPLES

The Directive Principles in Part IV of the Constitution sets out the aims & objectives to be taken up by the state in the governance of the country.

The idea of welfare state can only be achieved if these principles are implemented by the states with the high sense of moral duty

Relevant Directive Principles:i. Art.-38 : State to secure social order for promotion of welfare of the people.

ii. Art.-39 : (a) Rt. To adequate means of livelihood

(b) Distribution of ownership & control of material sources for common good

(c) Economic system not to result in conceteration of wealth & means of production

(d) Equal pay for equal work

(e) To protect health & strength of workers & tender age of children by preventing them from entering into avocations unsuited to their age & strength

(f) To provide adequate opportunities to children to develop in a healthy manner& that they are protected against exploitation &moral and material abandonment.

iii. Art.41 : Rt. to work, education and public assistance in certain cases

iv. Art. 42 : Just and human conditions for work

v. Art. 43 : Living wages etc. for workers

vi. Art 43-A : Participation of workers in management of industries

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Classification of LL

I. Low relating to working Conditions : - a) The Factories Act. 1948 b) The Industrial Employment (5.0) Act 1946 c) The Mines Act , 1951

II. Law relating to wages & amenities : -a) The minimum wages Act , 1948b) The Payment of wages Act , 1936c) The Payment of Bonus act , 1965d) The payment of Gratuity act , 1972e) The Employee state Insurance Act , 1948

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f) The employees PF & miscellaneous Provisions act , 1952

g) The Workmen compensation act , 1923

h) The Maternity Benefit act , 1961

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III. Law relating to association of Workers & Disputes

a) The trade union Act , 1926 b) the Industrial Dispute Act , 1947

IV. Law relating to Social Insurance & Security :-a) ESI b) EPFc) WCAd) MBA

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V. Law relating children & Women & other Worker classes

a) Child Labour ( Prohibition & regulation) Act , 1986 b) Employment of Childeren Act , 1938c) The factories Act , 1948d) The bonded Labour system ( abolition) Act , 1981VI. Law relating to Environment : -a) Environment Protection Act , 1986b) Air ( Prevention & Control of Pollution ) Act 1981c) Water ( Prevention & control of Pollution ) 1974VII. Law relating to Collection of statistics : - a) Collection of Statistics Act , 1953b) The Employment Exchange Act , 1959