Labour laws

What are labour laws?

This is a varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. In its most comprehensive sense the term includes social security and disability insurance as well

Elements of labour law

The basic subject matter of labour law can be considered under nine broad heads: employment; individual employment relationships wages and remuneration; conditions of work health, safety, and welfare; social security; trade unions and industrial relations; the administration of labor law; and special provisions for particular occupational or other groups.

Labour Legislation in India

Labour Legislation refers to all laws of the Government which have been enacted to provide social and economic security to the labour or workers. The evils of industrialization have led to the labour legislation. Now the state has a direct interest in the industrial peace and prosperity. These acts are aimed at reduction of production losses due to industrial disputes and to ensure timely payment of wages and other minimum amenties of the workers.

Need of labour Legislation

The basic principle of industrial legislation is to ensure social justice to the workers . The object of legislation is the equitable distribution of profits and benefits accruing from industry between industrialists and workers and affording protection to the workers against harmful affects to their health safety and morality

 In a developing country like India, Labour legislation becomes especially important because of the following reasons : 1). Labour organizations are relatively weak and in most of the cases, they depend merely on the mercy of the employers. Individual worker is economically very weak and is unable to bargain his terms with the employers. Now the prior payment of wages lay off, dismissal, retrenchments etc , are all governed by legislation. The economic insecurity of the workers is removed to a great extent.

 2). In many organizations, workers may feel occupational insecurity. The workers may not be given money in case of accidents, death, occupational Act, Employees State Insurance Ac, certain benefits have been statutarily given to workers which the employees otherwise may not get from their employers. 3.) In any factories, there important working conditions on account of which the employees health and safety is always in danger. The factories Act contains a number of provisions relating to health safety and welfare of workers. Special provisions have been made for the women.

 4.) Labour legislation is also necessary from the view point of law and order situation and national security of the country. State plays a vital role in the continuing production. It helps in the economic development of the country. The idea of Welfare State is embodied in the Directive Principles of the constitution and for reason, various labour laws have been enacted to protect the sections of the society. 5.) Labour Legislation is one of the most progressive and dynamic instruments for achieving socio-economic progress

Objectives of Labour Legislation

1.

2.
3. 4.

The main objectives for various labour laws are as follows : To protect the workers from profit seeking exploiters. To promote cordial industrial relations between employers and employees. To preserve the health safety and welfare of workers. To product the interests of women and children working in the factories.

Principles of Labour Legislation :

There are four principles on which the labour legislation is based viz, 1. Social Justice 2. Economic Justice 3. National economy 4. International conventions

Social Justice:

The concept of social justice refers to providing justice to everyone in the society so that the poor are not exploited by the rich. It is an in the interest of both employers and employees that they should consider themselves as two wheels of a cart and firmly believe that one cannot exist without the other.

National Economy :
Labour legislation ensures industrial peace and helps in the industrialization of the country. The Directive principles of the constitution contain the idea of welfare state. It is a fundamental of a welfare state to look after the interest of workers who are the weakest section of the society and satisfy their physical needs with the increase in productivity the benefits are shared with the workers, resulting in their prosperity. Thus for the growth of economy and development of the country, labour legislation acts as guiding principle.

International Conventions
International labour organizations aims at securing the minimum standard of living for the workers throughout the world. If any convention is passed by govt, it becomes binding if it is ratified by any country. Thus, labour legislation is guided by these conventions.

International Labour Organisation

Founded in 1919 Main aims:
To remove injustice, hardship and privation of large masses of toiling people all over the world To improve their living and working conditions and thus establish universal and lasting peace based upon social justice

Scope
Unemployment General condition of employment Wages Hours of work Weekly rest periods Holidays Employment of children, young persons and women Industrial health ,safety and social security Industrial relation

Principles of ILO
Labour is not a commodity Freedom of expression and of association are essential to continued progress Poverty anywhere constitutes a danger to prosperity everywhere Promotion of common welfare

Indian Constitution and Labour Law

Fundamental Rights Directive Principles of State Policy:
State to secure a social order for the promotion of welfare of the people Principles Equal justice and free legal aid Right to work , to education and to public assistance Provision for just and humane conditions of work maternity relief

 Living wage for workers Participation of workers in management Promotion of education and economic interest of weaker sections Raise the level of nutrition and the standard of living and to improve public health Organisation of agriculture and animal husbandry

THE END