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MINIMUM WAGE

Name :- PADMINI R. JADEJA


Roll No :- 07
Subject :- Legal Education and
Research Methodology

INTRODUCTION

India introduced the Minimum Wages Act in


1948, giving both the Central government
and State government jurisdiction in fixing
wages.

The act is legally non-binding, but statutory.

Wage Boards are set up to review the


industrys capacity to pay and fix minimum
wages such that they at least cover a family
of fours requirements of calories, shelter,
clothing, education, medical assistance, and

A. Origin of The Research


Problem

The wage and employment policies relating to the unorganised workers


and in particular the issue of minimum wages paid to them has been a
subject of considerable discussion among union leaders and labour
experts in India. While minimum wage legislation has to a large extent
been effective in providing protection to workers in the organised sector,
with periodic revision, this has not been the case with the unorganised
workers, who largely remain outside the purview of minimum wage
legislation. The paper highlights the issues and concerns relating to
Minimum Wage Act, 1948 in India.

The Indian economy is characterized by a dualism, i.e., the existence of


comparatively well organised sector along with the decentralised sector
with a large population which is self-employed1 (explanation of concept
of unorganised sector is India is given in Annexure 1). According to
reports, 422.6 (94%) million workers out of the total workforce of 457.5
million belong to the unorganised/informal sector2 in India. These
workers contribute to more than 60 per cent to Indias GDP growth.

B. Interdisciplinary
Relevance

C. Review of Research and Development


in the Subject

D. International Status
TheInternational Labour
Organization(ILO) is aUnited Nations
agency dealing withlabourissues,
particularlyinternational labour standards,
social protection, and work
opportunities for all.[1]The ILO has 187
member states: 186 of the 193 UN member
states plus theCook Islandsare members of
the ILO.
In 1969, the organization received the
Nobel Peace Prizefor improving peace
among classes, pursuingdecent workand
justicefor workers, and providing technical

E. National Status

F. Significance of the Study

4.Objectives of the study

Over the years, in a country like India, except certain


highly organized industries, the labour as a whole was not
able to put a face of collective bargaining and look after
their own interests. Thus, Minimum Wages Act, 1948 was
enacted in the country with the OBJECTIVE:

To provide minimum wages to the workers working in


organized sector(scheduled employment)
To stop exploitation of the workers
To empower the government to take steps for fixing
minimum wages and to revise this wages within a period
of five years.
To provide for appointment of Advisory Committees &
Advisory Boards, having equal representatives of
employers and workers.

5.Scope of the Study


Studying the scope of this type of criminal
activity in various countries have framed a
definition of the term itself as well as
identifying the major illegal practices that
constitute child labour.
Child Labour defines as work that
depriveschildrenof their childhood, their
potential and their dignity, and that is
harmful to physical and mental
development.

5. Scope of the Study

6 . Hy pothes is
Methodology adopted for the present study
is purely doctrinal in nature.
The field of the study is very wide. It is very
difficult to conduct a non doctrinal research.
The research is highly based on reference
taken from article, literature on the Child
Labour by different authors, newspaper,
magazine, T.V. Channels, Websites and
publication on Labour Laws.

7. Limitations of the
Study

In the Article 24 of The Constitution of India


states that No Child below the age of 14 years
shall be employed to work in any factory, mine
or employed in any hazardous employment
but still child labour exists in India in spite of
many existing law to prohibit it.
In Article 39(c) of The Constitution of India also
states that the health and strength of workers
and the tender age of children are not abuse
that these act not implemented effectively.

8 . Method olog y
Children constitute the nations valuable human resources. The
future well being of the nation depends on how its children grow
and develop.
The great poet Milton said Child Shows the man as morning
shows the day. So it is the duty of the society to look after every
child with a view to assuring full development of its personality.
Children are the future custodians and torch bearers of the
Society: they are the messengers of our knowledge, cultural
heritage, ideologies and philosophies.
Children are really future components in the form of great
teachers, scientists, judges, rulers, doctors, planners, engineers,
politicians on whom the entire society founded.
Unfortunately millions of children are deprived of their childhood
and right to education and there by they are subjected to
exploitation and abuse.

9. Operationalisation of
Terms

10. Month wise Plan

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