|
Labour law regulates the employer–employee relationship.
|
|
|
Modern view (Philadelphia Charter 1944):
|
"Labour is not a commodity"
|
|
W. Friedmann
|
"poverty anywhere is a danger to prosperity everywhere"
|
|
employer owes a "social duty"
|
|
|
Phase
|
Examples
|
Nature
|
|
Early repressive (colonial/feudal)
|
England: Statute of Labourers 1351 (capped wages, demanding more = offence); Combination Acts 1799/1800 (banned worker combinations). India: Tea District Emigrant Labour Act 1832, Workmen's Breach of Contract Act 1859 (desertion = crime), Assam Labour Emigration Acts 1863–1901
|
Served employers; forced labour supply
|
|
First protective factory law
|
Health & Morals of Apprentices Act 1802 (England) — world's first factory legislation
|
Protect children/women
|
|
India's first
|
Factory Act 1881 (from Lancashire lobby pressure vs cheap Indian textile labour; worker benefit incidental)
|
Colonial self-interest
|
|
Modern
|
Progressive laws post-Independence rooted in social justice
|
Welfare state
|
|
Frank Tillyard:
|
two aspects — protective & regulative
|
|
|
R.K. Das (1937):
|
four principles — (1) Social Justice, (2) Social Welfare, (3) National Economy, (4) International Solidarity.
|
|
|
Standard 7-principle classification
|
||
|
Principle
|
Meaning
|
Example Indian laws
|
|
Protection
|
Protect workers who can't protect themselves against industrial hazards, long hours, low wages, child/women exploitation
|
Factories 1948; Mines 1952; Plantation Labour 1951; Child Labour 1986; Contract Labour 1970; Payment of Wages 1936; Minimum Wages 1948
|
|
Social Justice
|
Remove discrimination against disadvantaged groups (bonded, migrant, women, caste)
|
Equal Remuneration 1976; Bonded Labour Abolition 1976; Indian Slavery Act 1843; Contract Labour 1970
|
|
Regulation
|
Balance power between employers & workers/unions; regulate IR, strikes, disputes
|
Trade Unions 1926; ID Act 1947; Standing Orders 1946
|
|
Welfare
|
Provide basic amenities to workers & families beyond statutory minimum
|
Welfare Fund Acts (Mica, Beedi, Iron/Manganese Ore); Dock Workers 1986; welfare provisions in Factories/Mines/Plantation Acts
|
|
Social Security
|
Income security against contingencies (sickness, injury, old age, death, maternity) — via social insurance (contributory) & social assistance (non-contributory)
|
Workmen's/Employees' Comp 1923; ESI 1948; EPF 1952; Maternity Benefit 1961
|
|
Economic Development
|
Laws that aid industrial peace & productivity
|
IR laws, social security, hours regulation
|
|
International Obligation
|
Give effect to ILO Conventions/Recommendations
|
Laws implementing ratified ILO Conventions
|
|
Foundations
|
Est. 1919
|
|
under Treaty of Versailles (Part XIII)
|
|
|
Premise
|
lasting peace requires social justice
|
|
HQ Geneva (1920)
|
First Director Albert Thomas (France)
|
|
Only tripartite UN agency — governments + employers + workers.
|
187 member states.
|
|
Specialized UN agency 1946.
|
Nobel Peace Prize 1969 (50th anniv.)
|
|
Three Organs
|
|
|
Organ
|
Role
|
|
International Labour Conference (ILC)
|
Annual "world parliament of labour"; sets standards, budget
|
|
Governing Body
|
Executive; policy & agenda
|
|
International Labour Office
|
Permanent secretariat, Geneva
|
|
Committee of Experts (1926)
|
supervises application of standards.
|
|
Decent Work Agenda-
|
4 strategic objectives: (1) set/promote standards & fundamental rights at work; (2) create decent employment & income; (3) enhance social protection; (4) strengthen tripartism & social dialogue.
|
|
Principles / Declaration of Philadelphia (1944):
|
"Labour is not a commodity"; "poverty anywhere is a danger to prosperity everywhere"; all humans, irrespective of race/creed/sex, have the right to pursue material well-being & spiritual development in freedom, dignity, economic security, equal opportunity.
|
|
Instruments:
|
|
|
Conventions = binding once ratified (obligation-creating)
|
Recommendations = non-binding guidelines.
|
|
By July 2002, India had ratified 39 of 184 ILO Conventions (since increased, incl. core conventions). India ratified Convention No. 81 (labour inspection — inspectors' right to enter freely) and No. 87 (freedom of association).
|
|
|
Subjects covered: wages, hours, paid holidays, minimum age, maternity, OSH, social security, freedom of association, collective bargaining, night work, medical examination, employment/unemployment.
|
|
|
India & ILO: founding member (1919); permanent Governing Body member since 1922.
|
|
|
Central - Ministry of Labour & Employment
|
|
|
One of the oldest & most important ministries; federal ministry enforcing labour laws & social security. First Labour Minister: Jagjivan Ram (1947–52).
|
|
|
Skill Development/Apprenticeship → moved to Ministry of Skill Development & Entrepreneurship (Nov 2014).
|
|
|
Initiatives: National Career Service portal (20 Jul 2015); e-Shram card (1 Aug 2021) for unorganised workers.
|
|
|
Thrust areas/functions: labour policy & legislation; safety/health/welfare; social security; special groups (women/child); IR & enforcement (central sphere); adjudication via Central Govt Industrial Tribunals-cum-Labour Courts & National Industrial Tribunals; workers' education; labour statistics; emigration for overseas jobs; employment services & vocational training; ILO cooperation.
|
|
|
Organisations:
|
|
|
Type
|
Bodies
|
|
Attached
|
DG Employment; Chief Labour Commissioner (Central); DGFASLI; Labour Bureau
|
|
Subordinate
|
DG Mines Safety (DGMS); Labour Welfare Organisations; Indian Labour Archives
|
|
Statutory/Autonomous
|
ESIC; EPFO; VVGNLI; Central Labour Institute; Central Govt Industrial Tribunals & Labour Courts; PDNASS; DTNBWED
|
|
State
|
|
|
Labour = Concurrent List → each State has a Directorate/Department of Labour headed by a Labour Commissioner.
|
|
|
Functions: enforce state + applicable central laws; run State Labour Courts/Industrial Tribunals; inspect factories/shops (Factories Act, Shops & Establishments Act); conciliate disputes; administer State ESI/welfare boards.
|
|
|
November 26, 1949
|
Constitution of India adopted
|
|
January 26, 1950
|
Constitution came into force, celebrated as Republic Day.
|
|
UK
|
Parliamentary system, Rule of Law, law-making procedure, single citizenship, bicameralism
|
|
USA
|
Judicial review, independence of judiciary, Fundamental Rights, removal of judges
|
|
Ireland
|
Directive Principles of State Policy
|
|
Canada
|
Federation with strong Centre; "Union of States"
|
|
Austria
|
Concurrent List
|
|
Germany (Weimar)
|
Emergency provisions
|
|
GoI Act 1935
|
Federal structure, office of governors, federal judiciary powers
|
|
Lengthiest written constitution (bulky: borrowed provisions, single doc for Centre+States, FR+FD+DPSP, SC/ST/backward provisions, emergency provisions, detailed judiciary/services/elections).
|
|
Blend of rigidity & flexibility (some amendments by simple majority, some by special majority + state ratification).
|
|
Parliamentary government (real executive = Council of Ministers; President nominal; collective responsibility to Lok Sabha).
|
|
Federal system with unitary bias ("Union of States"; strong Centre; unitary in emergency; states cannot secede).
|
|
Fundamental Rights (justiciable; laws violating them can be struck down; not absolute — reasonable restrictions).
|
|
Fundamental Duties (added by 42nd Amendment 1976).
|
|
DPSP (non-justiciable; social & economic democracy / welfare state).
|
|
Secular State (no state religion; equal treatment).
|
|
Independent Judiciary (integrated; guardian of FRs; judicial review).
|
|
People as source of authority ("We, the People…").
|
|
Universal Adult Franchise (vote at 18; SC/ST seat reservation).
|
|
Emergency powers (national/state/financial; federal→unitary shift).
|
|
Single citizenship.
|
|
Bicameral legislature (Lok Sabha = people; Rajya Sabha = states).
|
|
Bicameral legislature (Lok Sabha = people; Rajya Sabha = states).
|
|
Panchayati Raj & urban local bodies (73rd & 74th Amendments, 1992).
|
|
Synthesis of parliamentary sovereignty & judicial supremacy; integrated & independent judiciary.
|
|
Term
|
Meaning
|
|
Sovereign
|
Internally & externally free, no external authority
|
|
Socialist (added 42nd Amdt)
|
Mixed-economy "democratic socialism"
|
|
Secular (added 42nd Amdt)
|
No state religion; equal treatment
|
|
Democratic
|
Authority from people; elected, accountable rulers
|
|
Republic
|
Elected head of state (President) for fixed term
|
|
Added by 42nd Amendment 1976 (Swaran Singh Committee) — 10 duties; 11th added by 86th Amendment 2002. Non-justiciable.
|
|
(a) Abide by Constitution, respect ideals/institutions, National Flag & Anthem
|
|
(b) Cherish noble ideals of the freedom struggle
|
|
(c) Uphold sovereignty, unity & integrity of India
|
|
(d) Defend the country & render national service
|
|
(e) Promote harmony & common brotherhood; renounce practices derogatory to women's dignity
|
|
(f) Value & preserve composite culture
|
|
(g) Protect & improve natural environment; compassion for living creatures
|
|
(h) Develop scientific temper, humanism, spirit of inquiry
|
|
(i) Safeguard public property; abjure violence
|
|
(j) Strive towards excellence
|
|
(k) (86th Amdt) Parent/guardian to provide education (ages 6–14)
|
|
36 = defines "State."
|
37 = DPSPs non-justiciable but fundamental in governance.
|
|
|
Type
|
Articles
|
Content
|
|
Socialist
|
38 social order with justice; 39 (a) livelihood, (b) resources for common good, (c) prevent wealth concentration, (d) equal pay for equal work, (e) protect health/strength of workers & children, (f) children's healthy development; 39A free legal aid (42nd Amdt); 41 right to work/education/public assistance; 42 just & humane work conditions + maternity relief; 43 living wage, decent life, leisure; 43A workers' participation in management (42nd Amdt); 47 nutrition, standard of living, public health
|
Welfare state, worker welfare
|
|
Gandhian
|
40 village panchayats; 43 cottage industries; 43B promotion of co-operatives (97th Amdt 2011); 46 promote SC/ST/weaker-section interests; 47 prohibition of intoxicants; 48 organise agriculture/animal husbandry (cow slaughter)
|
Village/self-reliance
|
|
Liberal–Intellectual
|
44 Uniform Civil Code; 45 early childhood care/education <6 (86th Amdt); 48 modern agriculture; 48A environment/forests/wildlife (42nd Amdt); 49 protect monuments; 50 separation of judiciary from executive; 51 international peace
|
Modern governance
|
|
Code (yr)
|
Subsumes
|
|
Wages 2019 (4)
|
Payment of Wages 1936; Minimum Wages 1948; Bonus 1965; Equal Remuneration 1976
|
|
IR 2020 (3)
|
Trade Unions 1926; Standing Orders 1946; ID Act 1947
|
|
Social Security 2020 (9)
|
EPF 1952; ESI 1948; Employees' Comp 1923; Employment Exchanges 1959; Maternity 1961; Gratuity 1972; Cine-Workers Welfare Fund 1981; BOCW Welfare Cess 1996; Unorganised Workers' SS 2008
|
|
OSH 2020 (13)
|
Factories 1948; Mines 1952; Dock Workers 1986; BOCW 1996; Plantations 1951; Contract Labour 1970; Inter-State Migrant Workmen 1979; Working Journalists (Conditions) 1955; Working Journalists (Wages) 1958; Motor Transport 1961; Sales Promotion Employees 1976; Beedi & Cigar 1966; Cine-Workers & Cinema Theatre 1981
|
|
Still standalone: Apprentices 1961; Bonded Labour Abolition 1976; Child & Adolescent Labour 1986; POSH 2013; Public Liability Insurance 1991; Boilers 1923; Manual Scavengers 2013.
|
|
|
Intention/objective one-liners:
|
|
|
Wages: universal minimum wage for all; national floor wage (states can't go below); single "wages" definition.
|
|
|
IR: rationalise disputes, recognise unions, ease retrenchment (100→300), formalise FTE, regulate strikes.
|
|
|
SS: widen net — first cover for gig/platform/unorganised; consolidate EPF/ESI/gratuity/maternity.
|
|
|
OSH: single safety/health standard; gender parity (women in all shifts with safeguards); ease contractor licensing.
|
|
|
Constituent Assembly
|
|
The Constituent Assembly was initially composed of 389 members.
|
|
292 members were elected through the Provincial Legislative Assemblies, 93 represented the Indian Princely States, and 4 represented the Chief Commissioners' Provinces.
|
|
Members were chosen by indirect election as per the Cabinet Mission's recommendations.
|
|
The Assembly's membership was subsequently reduced to 299 post partition.
|
|
Inaugural Session
|
|
he Constituent Assembly held its first session on December 9, 1946, in the Constitution Hall of Parliament House, now known as Samvidhan Sadan.
|
|
Dr. Sachchidananda Sinha presided as the interim President during this inaugural meeting.
|
|
On December 11, 1946, Dr. Rajendra Prasad was appointed as the permanent President of the Constituent Assembly.
|
|
Drafting Committee
|
|
The Drafting Committee, chaired by Dr. B. R. Ambedkar, was the most important committee of the Constituent Assembly.
|
|
Dr. B. R. Ambedkar introduced the final draft of the Constitution to the Assembly on November 04, 1948, for the first reading.
|
|
The Assembly held a general discussion on the draft for five days, concluding on November 09, 1948.
|
|
Finalized Document
|
|
The final Constitution included 395 articles, divided into 22 parts and 8 Schedules.
|
|
At the time of its adoption, it was the world's lengthiest written Constitution.
|
|
Early exploitative industrial society — laissez-faire, long hours, child/women abuse, low wages.
|
|
Contemporary events/ideas — Rousseau, J.S. Mill, French Revolution, Hegel, Marx & Engels, Russian Revolution; World Wars made workers realise their bargaining importance.
|
|
Growth of trade unionism — demands drove wage/hours/compensation laws and laws regulating disputes.
|
|
Political freedom & universal adult franchise — workers' votes → pro-labour legislation.
|
|
Socialist & revolutionary ideas — Marx ("workers of the world unite…"); Fabian Society; protective laws adopted as a safe antidote to revolution.
|
|
Humanitarian ideas / social welfare & justice — reformers (Hume, Place, Shaftesbury); social-science research debunked "natural elite."
|
|
Establishment of ILO — international minimum standards (International Labour Code).
|
|
Colonial rule — Lancashire/Birmingham pressure; British civil servants imported British legal pattern (Workmen's Comp 1923, Trade Unions 1926, Payment of Wages 1936).
|
|
National emancipation & the Constitution — freedom struggle pushed protective laws (Royal Commission on Labour, Trade Unions Act); promises embodied in Preamble, FR, DPSP.
|
|
Changed approach to labour law/IR post-WWII — "labour not a commodity"; employer's "social duty."
|
|
Right to Equality (14-18)
|
|
|
14
|
Equality before law & equal protection of laws
|
|
15
|
No discrimination on religion, race, caste, sex, place of birth
|
|
16
|
Equality of opportunity in public employment
|
|
17
|
Abolition of untouchability
|
|
18
|
Abolition of titles (except military/academic)
|
|
Right to Freedom (19–22)
|
|
|
19
|
Six freedoms: (a) speech & expression, (b) assembly, (c) association (→ trade unions), (d) movement, (e) residence, (g) profession/occupation/trade/business
|
|
20
|
Protection re conviction (no ex-post-facto, no double jeopardy, no self-incrimination)
|
|
21
|
Protection of life & personal liberty → incl. livelihood, dignity, health
|
|
21A
|
Right to education (ages 6–14)
|
|
22
|
Protection against arrest & detention
|
|
Right against Exploitation (23–24)
|
|
|
23
|
Prohibition of human trafficking & forced labour (begar)
|
|
24
|
Prohibition of child labour (<14) in factories/mines/hazardous work
|
|
Right to Freedom of Religion (25–28)
|
|
|
25
|
Freedom of conscience, practice & propagation
|
|
26
|
Freedom to manage religious affairs
|
|
27
|
No tax for promotion of any religion
|
|
28
|
Freedom from religious instruction in state-funded institutions
|
|
Cultural & Educational Rights (29–30)
|
|
|
29
|
Protection of minorities' interests
|
|
30
|
Minorities' right to establish/administer educational institutions
|
|
Right to Constitutional Remedies (32)
|
Ambedkar: "heart and soul."
|
|
writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
|
|
|
Category
|
Illustrative laws
|
→ maps to Code
|
|
Industrial Relations
|
Trade Unions 1926; Standing Orders 1946; ID Act 1947
|
IR Code
|
|
Wages
|
Payment of Wages 1936; Minimum Wages 1948; Bonus 1965; Equal Remuneration 1976
|
Wages Code
|
|
Working Conditions / OSH
|
Factories 1948; Mines 1952; Contract Labour 1970; Plantation 1951
|
OSH Code
|
|
Social Security
|
EPF 1952; ESI 1948; Maternity 1961; Gratuity 1972; Employees' Comp 1923
|
SS Code
|
|
Employment & Training
|
Employment Exchanges 1959; Apprentices 1961
|
(partly SS Code)
|
|
Specific/deprived groups
|
Child Labour 1986; Bonded Labour 1976; POSH 2013
|
(mostly standalone)
|
|
Why
|
National Commission on Labour (2002) found laws fragmented, archaic (e.g. Factories Act rules on spittoons/whitewashing), inconsistent definitions ("worker," "wages," "establishment," "appropriate government").
|
|
|
~40 central + 100+ state laws → govt consolidated 29 central Acts into 4 Codes. Central tension: job creation/firm flexibility vs worker protection.
|
||
|
Key reform debates (old vs Code):
|
||
|
Issue
|
Old
|
Code change
|
|
Coverage thresholds
|
Most laws at 10+; only organised ~7% covered
|
Wages & IR → all establishments; factory threshold 10→20 (power), 20→40 (no power)
|
|
Retrenchment/closure
|
ID Act: govt permission if 100+
|
IR Code → 300; govt may raise by notification
|
|
Contract labour
|
Contract Labour Act at 20+; no auto-regularisation (SC 2001)
|
OSH Code → 50+; bans contract labour in core activities (except sanitation, security, intermittent); auto-absorption if contractor unlicensed
|
|
Fixed-term employment
|
Central sphere since 2018
|
IR Code formalises FTE — same benefits + pro-rata gratuity
|
|
Trade union recognition
|
~12,420 unions; no recognition criteria
|
IR Code: sole negotiating union at 51%; else negotiating council; 14-day strike notice all industries (NCL wanted 66%)
|
|
Enforcement
|
Multiple inspections/returns; rent-seeking
|
Web-based/randomised inspection, Inspector-cum-Facilitator, third-party certification, compounding, higher fines
|
|
Gig/platform workers
|
Outside all laws
|
SS Code defines gig & platform workers; enables schemes + aggregator contributions (definitions overlap/unclear)
|
|
Delegated legislation
|
—
|
Essentials left to govt rule-making (thresholds, SS applicability, safety standards, minimum-wage norms) — criticised
|
|
29 Acts → 4 Codes
|
||
No comments yet.
Cheatography n. The art of mapping complex subjects into clear, instantly navigable reference guides.
