Labour law History | Fundamental Rights | Labour Policy Highlights | Purpose of labour legislation

Labour law History

Labour law defines the rights & obligations as workers, union members and employers in the workplace
The labour movement has been instrumental in the passing of laws protective labour rights in the 19th and 20th centuries.
Generally, labour law covers: Industrial relations – documentation of unions, labour‐organization relations, collective bargaining and unfair labour practices;
Workplace health and safety;
Employment standards, including general holidays, annual leave, working hours, unfair notices, minimum wage, layoff procedures and compensation pay

History of Labour law in India

In 1919,International Labour Organization (ILO) was one of the first organizations to deal with labour issues
The ILO was established as an agency of the Association of Nations resulting the Treaty of Versailles, which ended 1st World War
Post‐war reconstruction and the protection of labour unions occupied the care of many nations during and nearly after 1st World War
The Whitley, Commission, a subcommittee of the Reconstruction Commission, recommended in its July 1918 Final Report that “industrial bodies” be established during the world
The first annual conference (referred to because the International Labour Conference, or ILC) started on 29th October 1919 in Washington DC and adopted the primary six International Labour Agreements,
which allocated with hours of labor in industry, unemployment, maternity protection, night work for ladies , minimum age and night work for young persons in industry
The ILO became a member of the United Nations system after the demise of the League in 1946.

There are two broad categories of labour law

First, collective labour law relates to the tripartite relationship between employee, employer and union
Second, individual labour law concerns employees’ rights at work and over the contract for work

Purpose of labour legislation

Labour legislation that is modified to the financial and social challenges of the recent world of work achieves three vital roles:
Smooths productive separate and shared employment relationships, and therefore a productive low-cost;
by providing an agenda within which employers, workers and their representatives can interact with regard to work‐related issues
Constitutional provisions with favor to labour laws
The importance of the dignity of human labour as human beings has been protected in Chapter‐III (Articles 16, 19, 23 & 24) and
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India guardianship in line with Fundamental Rights and Directive Principles of State Policy.

The legislations can be categorized as follows:

Labour laws passed by the Central Government, where the Central Government has the only responsibility for implementation

Labour laws passed by Central Government and forced both by Central and State Governments.

The Child Labour (Prohibition and Regulation) Act, 1986.
The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.
The Contract Labour (Regulation and Abolition) Act, 1970.
The Equal Remuneration Act, 1976.
The Industrial Disputes Act, 1947.

The Industrial Employment (Standing Orders) Act, 1946.
The Inter‐State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
The Maternity Benefit Act, 1961
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
The Payment of Gratuity Act, 1972
The Payment of Wages Act, 1936
The Cine Workers and Cinema Theater Workers (Regulation of Employment) Act, 1981
The Building and Other Construction Workers Cess Act, 1996
The Apprentices Act, 1961
Unorganized Workers Social Security Act, 2008
Working Journalists (Fixation of Rates of Wages Act, 1958
Merchant Shipping Act, 1958
Sales Promotion Employees Act, 1976
Dangerous Machines (Regulation) Act, 1983
Dock Workers (Regulation of Employment) Act, 1948
Dock Workers (Regulation of Employment) (In applicability to Major Ports) Act, 1997
Private Security Agencies (Regulation) Act, 2005

Labour laws passed by Central Government and forced by the State Governments.

The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
The Workmen Compensation Act, 1923
The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
The Children (Pledging of Labour) Act 1938
The Bonded Labour System (Abolition) Act, 1976
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

Labour laws passed and enforced by the various State Governments which apply to respective States

Labour Policy Highlights

Creative measures to attract public and private savings.
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.
Model employee‐employer relationships.
Long term settlements based on production.
Industrial Relations committees in more sectors.
Statutory amendments for expediting and streamlining the tool of Labour Judiciary.
Amendments to Industrial Disputes Act in adjust with the times.
Effective functioning of Labour Department.
More labour sectors under Minimum Wages Act.
Child labour act to be aggressively compulsory.
Modern medical facilities for workers.
Rehabilitation packages for displaced workers.
Restructuring in functioning of employment exchanges. Mechanization and updating of data base.
Revamping of curriculum and course content in industrial training.
Joint cell of labour department and industries department to study changes in laws and rules.

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