&

LABOUR LAWS

MODULE- I
FACTORS INFLUENCING
LABOUR LEGISLATIONS
 Early Exploitative Industrial society Early
phase of industrialization was marked by
exploitation of workers and payment of low
wages. Early factory
and labour legislations in India originated as
a natural children of industrial revolution.
Impact of Contemporary
Events
 Revolutionary thinking of Rousseau, Marx
and French Revolution greatly influenced
labour jurisprudence.
 World Wars made it possible for labourers to
realize their importance that unless they
produce its difficult for warring nations to win
Growth of Trade Unionism

 Trade Union movement also

hastened labour legislations in
India
 The demand of trade unions for
protection of working-class led to
legislations in the field of wages,
hours of work, social security, and
other areas
Political freedom End of
Colonial Rule
 Political freedom, End of Colonial Rule
 Adoption of universal adult franchise
placed in the hands of working class
powerful instrument to influence state
policy.
 Their representatives started getting
progressive legislations passed.
Concept of Social Justice &
Social Welfare

 Humanitarian ideas, social reformers

also influenced labour legislation.
 Early Factory’s Act was made possible
through the efforts of humanitarians
Establishment of I.L.O.

 ILO, has taken the task of creating

international minimum conditions of
labour which constitutes International
Labour Code.
 ILO standards have greatly influenced
Indian Labour legislations.
 The Directive Principles of State Policy
have been influenced by ILO
NATURE OF LABOUR
LEGISLATIONS
 They have come to alleviate special disorders.
Therefore, they are specific, not general in orientation.
 They regard individuals as workers, whereas general
legislation regards them as citizens.
 They are to regulate conditions of labour in industrial
units and therefore require more changes as per
requirements than ordinary legislations.
SPECIFIC OBJECTIVES OF
LABOUR LEGISLATION
 To provide sustenance
 To aim at abundance
 To encourage equality
 To maintain security
PRINCIPLES OF MODEN
LABOUR LEGISLATION
 Principles of Protection
 Labour legislations aims at protecting
workers against the hazards of industrial
process and exploitation

Examples of Protective Legislations in India

Factories Act, 1948, Child Labour Act, 1986
Payment of Wages Act, 1936
PRINCIPLES OF MODERN
LABOUR LEGISLATION
CONTD….
 Principle of Regulation
 It seeks to regulate relationship between employees
and their associations on one hand and workers and
their organizations Union Act
 Principle of Welfare Special
welfare laws have been enacted with a view to provide
welfare of workers. E.g.
Factories Act and Mines Act…
CLASSIFICATION OF
LABOUR LEGISLATION
 Regulative Labour Legislation
Main objective is to regulate relations
between employers and employees.
E g. Industrial Disputes Act, 1947

Protective Labour Legislation

These legislations come under this category
where primary interest is to improve working
conditions E.g.
Factories Act,1948 and Mines Act, 1952
 Wage-related legislations
Legislations laying down methods of wage payment.

 E.g. Payment of Wages Act, 1936, Minimum Wages Act,

1948

 Social Security Legislations

 They cover those legislations which intend to provide to
workers social security benefits.
E.g. Workmen’s Compensation
Act,1923, Maternity Benefit Act, 1961
INDIAN CONSTITUTION
AND LABOUR
LEGISLATIONS
 The trinity of Indian Policy embody
fundamental principles which provides a
guide to all labour legislations.

 This trinity consists of Preamble,

Fundamental Rights and Directive
Principles
Preamble Of Indian
Constitution
 The Preamble stands to secure for all its
citizens:
 Justice: Social, Political and Economical
 Liberty of thoughts, faith and worship
 Equality of Status and Opportunity
 Fraternity assuring dignity of Individual
These
principles enshrined in the preamble of our
constitution provide the bedrock for framing all
labour and security legislatons.
Fundamental Rights and
Labour Legislations

 Rights which are considered

essential for the well being of a
person are fundamental.
 Fundamental Rights are enshrined
in Part III of the constitution of
India and guarantees civil liberties
Fundamental Rights and
Labour Legislations
 Right to Equality( Articles 14-18) Article 14 deals with right to equal
protection of law. No distinction shall be made on basis of age,
sex, nature of profession
 Right to Freedom (Articles 19-22) Article 19 deals with freedom of association,
freedom to carry on trade and freedom of speech. Article 21
assures right to live life with dignity.
FUNDAMENTAL RIGHTS
COND…
 Right Against Exploitation(Articles23-24)
Article 23 prohibits
human trafficking and any form of forced labour
Article 24 prohibits
employment of children below 14 years in factories
 Right to Constitutional Remedies ( Art 32-35)
A right without
remedy is meaningless. Public Interest
Litigations are the easiest way by which common
citizens can have their remedy
Fundamental Rights
contd…
 Right to Freedom of Religion
(Articles 25-30)

 Cultural and Educational

Rights Articles 32-
35)
Directive Principles And
Labour Legislations
 Directive Principles of State Policy are
guidelines to central and state governments
of India
 These provisions contained in Part IV of the
constitution of India are not enforceable by
any court but the principles laid are
considered fundamental in the governance
of the country
Directive Principles And
Labour Legislations
 Articles 36-51 form Part IV of the Constitution
and they deal with goal of welfare state.
Some of the directive
principles which are backbone of labour
jurisprudence are:
 Article 38 directs state to promote welfare of
people by securing social, economic and
political justice.
 Article 39 directs that citizens, men and
women equally have a right to livelihood.
Directive Principles and
Labour Legislations
contd….
 Article 41 directs that state shall make
provision for securing right to work, right
to education.
 Article 42 directs that state must
ensure all workers a decent standard of
life and enjoyment of leisure.
 Article 43 A directs that state shall
secure participation of its citizens.
ILO & ITS INFLUENCE ON
LABOUR LEGISLATION IN
INDIA

 Principles of ILO are as under:

 Labour is not a commodity.
 Freedom of expression and
association are essential to sustained
progress.
 Poverty anywhere constitutes a
danger to prosperity everywhere.
International Labour Code
 International Labour Code constitutes over
180 recommendations on the following
subjects:
 Basic Human Rights
 Labour Administration
 Employment Policy & HR development
 Industrial Safety, Health & Welfare
 Social Security & Social Policy
Influence On Indian Labour
Legislation
 So far, India has ratified, 39 out of 185
Recommendations adopted by ILO.
 The ratification of recommendations has
put India under obligation of
implementing them through
incorporations in labour laws.