3. As England was the first country to industrialise, it
was also the first to face the often appalling
consequences of capitalist exploitation in a totally
unregulated and laissez-faire economic framework.
Over the course of the late 18th and early to mid-
19th century the foundation for modern labour law
was slowly laid, as some of the more egregious
aspects of working conditions were steadily
ameliorated through legislation. This was largely
achieved through the concerted pressure from
social reformers, notably Anthony Ashley-Cooper,
7th Earl of Shaftesbury, and others.
4. IVAN YANZHUL, THE FIRST FACTORY INSPECTOR IN THE RUSSIAN
EMPIRE, HELPED ENFORCE THE LIBERAL 1882 LABOUR CODE
5. Labour law (also known as labor law or
employment law) mediates the relationship
between workers, employing entities, trade unions
and the government. Collective labour law relates
to the tripartite relationship between employee,
employer and union.
6. NECESSITY AND IMPORTANCE OF LABOUR LAW:
(1) Improves industrial relation i.e. employee-
employer relations and minimizes industrial
disputes.
(2) Prospects workers form exploitation by the
employers or management
(3) Helps workers in getting fair wages
(4) Minimizes labour unrest
7. (5) Reduces conflicts and strikes etc.
(6) Ensures job security for workers
(7) Promotes welcome environment conditions in
the industrial system
(8) Fixes rest pauses and work hours etc.
(9) Provides compensation to workers, who are
victims of accidents.
8. PRINCIPLES OF INDUSTRIAL LEGISLATION:
(1) Social Justice
(2) Social Equality/ Welfare
(3) National Economy
(4) International Uniformity
9. (1) Social justice:
The first step in establishing social justice is to protect those
who can’t protect themselves. Industrial laws provide social
justice to the workers by ensuring suitable distribution of
profits and benefits among the employer and employees. It
also provides better working conditions in industry.
(2) Social equality/welfare:
Another objective of labour law is to ensure social welfare of
workers. These laws help the employees to improve their
social status
example: material and morale of the workers by providing
adequate wages and safety measures, ensuring appropriate
working hours and health facilities.
10. (3) National economy:
National economy is another guiding principle of labour
legislation. It ensures normal growth of industry for the
development of nation. It increases the efficiency of workers
and satisfies their needs. Thus efficient industry finally
contributes a lot to improve national economy.
(4) International uniformity:
In attaining international uniformity International Labour
Organization (I.L.O.) has played an important part. It aims at
securing minimum standard on uniform basis in respect of all
labour matters. Uniformity of standards can be maintained
only by enforcing various industrial laws.
11. Part III of the Constitution of India is the benchmark for labor
laws in India. Also, Part III (Article 12 to 35) of the
Constitution covers the fundamental rights of its citizens which
includes Equality before the law, Religion, Sex, caste, place of
birth, the abolition of untouchability, freedom of speech and
expression and prohibition of employment of children in
factories.
Article 14
Equality before the law which is interpreted in labor laws as
“Equal pay for Equal work”. It does not mean that article 14 is
absolute. There are a few exceptions in it regarding labor laws
such as physical ability, unskilled and skilled labors shall
receive payment according to their merit.
12. Article 19 (1) (C)
Constitution guarantees citizens to form a union or association.
The Trade Union Act, 1926 works through this Article of the
Constitution. It allows workers to form trade unions.
Trade Unions provide the power to raise voice against atrocities
done to the workers. Unionization brings power to the laborers.
Trade Unions discuss various labor-related problems with the
employers, they conduct strikes, etc.
Article 23
Constitution prohibits forced labor. When the Britishers ruled over
India, forced labor was prevalent all over India. They were made
to work against their will and weren’t paid according to their work.
The Government at that time were infamous for forced labor and
the landlords were also involved in forced labor.
In current times, forced or bonded labor is an offense which is
punishable under the law. The Bonded Labor (Abolition) Act,
1976 prohibits all kinds of bonded labor and is declared illegal.
13. Article 24
Constitution prohibits all forms of child labor. Nobody can
employ a child under the age of 14 to work. Child labor was a
massive problem of our country in the earlier times and it still
is happening but at a lower scale. The penalization of article
24 is severe.
Relevancy of Part IV (Article 36 – 51) on Labor Laws
Part IV of the Constitution of India, which is also known as the
“Directive Principles of State Policy” aims to work toward the
welfare of its citizens. DPSP cannot be enforced in the court
of law, but it provides a guideline to the legislature for making
labor laws in India.
14. Article 39 (a)
“The State shall, in particular, direct its policy towards
securing; That the citizens, men and women equally,
have the right to an adequate means of livelihood. It
means that every citizen of the country has the right to
earn a livelihood without getting discriminated on the
basis of their sex.
Article 39 (d)
Constitution says that “The State shall, in particular,
direct its policy towards securing; that there is equal pay
for equal work for both men and women. Wages will not
be determined on the basis of sex rather it will be
according to the amount of work done by the worker.
15. Article 41
Constitution provides “ Right to Work” which means that every
citizen of the country has the right to work and the state with
the best of its abilities will secure the right to work and
education.
Article 42
Provides for the upliftment of the working conditions for
workers. It talks about creating a suitable and Humane
workplace. This article also talks about maternity relief, i.e
leave provided to women when they are pregnant.
Article 43
Talks about the “living wage” for its citizens. Living wage not
only includes the “bare necessities of life” but also the social
and cultural upliftment of the person. It also includes
education and insurances for a person.
