Labour Legislation And Indian Constitution Pdf

labour legislation and indian constitution pdf

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Under the Constitution of India, labour falls within the concurrent list giving power to both the Central and the respective State Government to legislate on such items, with the residual law-making powers vesting with the Centre. This has resulted in a plethora of central and state laws related to wages, employment, industrial relations, social security, etc.

Constitutional Protection on Labour Laws

Cover Note. Overview of Labour Law Reforms. Labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and state legislatures can make laws regulating labour. The central government has stated that there are over state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages. In , the Ministry of Labour and Employment introduced four Bills on labour codes to consolidate 29 central laws.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The constitutional status of labour jurisdiction has been explained in the following table:. The Ministry of Labour and Employment seeks to protect and safeguard the interests of workers in general and those who constitute the poor, deprived and disadvantaged sections of the society, in particular, with due regard to creating a healthy work environment for higher production and productivity, and developing and coordinating vocational skill training and employment services. Government's attention is also focused on promotion of welfare activities and providing social security to the labour force both in the organised and unorganised sectors, in tandem with the process of liberalisation. These objectives are sought to be achieved through enactment and implementation of various labour laws, which regulate the terms and conditions of service and employment of workers. India has a number of labour laws that govern almost all the aspects of employment such as payment of wages, minimum wages, payment of bonus, payment of gratuity, contributions to provident fund and pension fund, working conditions, accident compensations, etc.

As per the Indian Constitution, the Central as well as State Governments are empowered to enact suitable legislation to regulate and protect the interests of employees, as well as to create and increase employment opportunities. Depending on the type of industry, nature of work undertaken, number of employees, location, remuneration of the employees, etc. How are different types of worker distinguished? It excludes those employed in a managerial, administrative or supervisory capacity drawing wages exceeding INR 10, from its purview. Special laws are also enacted for the recognition and protection of certain special kinds of employees such as contract labour and fixed-term employees. If not, do employees have to be provided with specific information in writing? In India, an employer-employee relationship can either be express or implied, written or oral.

Employment & Labour Law 2020 | India

The present COVID crisis has shifted to centre-stage the question of work and workers after a long time. It has brought back the focus onto what are or should be basic rights in the world of work and the manner in which we regulate business. The lockdown and the resultant loss of employment have been some of the biggest challenges of the COVID crisis. On the one hand, we have the haunting images of the returning migrant workers and their families trudging home hundreds of miles as the defining images of the COVID crisis in India. On the contrary, there are studies which point to the positive effects of regulating unequal bargaining parties and of a protective floor in unequal labour markets. Footnote 2.

Reckless waiver of labour laws will be counter-productive for the Indian economy

These are the core obsessions that drive our newsroom—defining topics of seismic importance to the global economy. Our emails are made to shine in your inbox, with something fresh every morning, afternoon, and weekend. The outbreak of Covid has not just created a public health crisis but also unleashed an unprecedented humanitarian tragedy as a result of the nationwide lockdown.

Indian labour law refers to laws regulating labour in India. Traditionally, Indian government at federal and state level have sought to ensure a high degree of protection for workers, but in practice, this differs due to form of government and because labour is a subject in the concurrent list of the Indian Constitution. Indian labour law is closely connected to the Indian independence movement , and the campaigns of passive resistance leading up to independence.

List of major labour laws in India: A Brief Introduction

Indian labour laws are made to define clear cut relations between employees and employers. Indian labour laws are made to safeguard the interests of the workers. This relaxation may cause violation of labour laws in India.

As the economy struggles with the lockdown and thousands of firms and workers stare at an uncertain future, some state governments last week decided to make significant changes in the application of labour laws. UP, the most populous state, has made the boldest changes as it summarily suspended the application of almost all labour laws in the state for the next three years. On the face of it, these changes are being brought about to incentivise economic activity in the respective states. Keeping aside the questions of law — labour falls in the Concurrent List and there are many laws enacted by the Centre that a state cannot just brush aside — the key question is: Are these the long-pending reforms of the labour market that economists used to talk about, or is the suspension of labour laws an ill-timed and retrograde step that critics have made it out to be?

Explained: What labour law changes by states mean

In this project I have analyzed the main Articles of our Indian Constitution which protects , supports , and act as a guideline to various labour laws for their effective implementation and functioning. The main Articles are Art 14, 16,19 1 c , 21, Art 14 of the Indian Constitution explains the concept of Equality before law. The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve.

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