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
- The Employees’ Provident Fund and Miscellaneous Provisions Act,1952
- The Employees’ State Insurance Act, 1948
- The Dock Workers (Safety, Health and Welfare) Act, 1986
- The Mines Act, 1952
- The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
- The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
- The Mica Mines Labour Welfare Fund Act, 1946
- The Beedi Workers Welfare Cess Act, 1976
- The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
- The Cine Workers Welfare (Cess) Act, 1981
- The Beedi Workers Welfare Fund Act, 1976
- The Cine Workers Welfare Fund Act, 1981
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 Employers’ Liability Act, 1938
- The Factories Act, 1948
- The Motor Transport Workers Act, 1961
- The Personal Injuries (Compensation Insurance) Act, 1963
- The Personal Injuries (Emergency Provisions) Act, 1962
- The Plantation Labour Act, 1951
- The Sales Promotion Employees (Conditions of Service) Act, 1976
- The Trade Unions Act, 1926
- The Weekly Holidays Act, 1942
- 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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