Labour Law –II

Labour Law -II

• All Employees are labourers – labour services
• Basic Terminology
• Skilled and Unskilled labourers (based on
skills, high education, expertise…)
• Layman terms - Employees and Labourers
• Employment Laws and Labour law/ Industrial
Laws.
 Constitutional Framework
Fundamental labour rights:
* right to join and take action in a trade union
* principle of equality at work
* living wages with decent working conditions
Art 14- 16- equality before law, no discrimination against
citizens, right of equality of opportunity for
employment or appointment under the State.
Art 19(1) (c ) – Special right to form associations or unions
Art 23-24-: prohibition of trafficking and forced labour,
: prohibition of child labour under 14 years of old in a
factory , mine, or any other hazardous employment.
Child Labour (Prohibition and Regulation )Act 1986
 DPSPs- application of principles in
making laws and in governance
Obligation of state
Art 38- (1) promote welfare and create social
order- justice social, economic and political
shall inform all the institutions of national life.
Art 38(2)- minimize inequality in income,
elimination of inequality in status, facilities,
opportunities
Charter of labour rights
Art 39(a)- (f) : Right to adequate means of
livelihood
: distribution of resources for common good.
: non concentration of wealth
: equal pay for equal work
: protection of health an strength of workers
:prevention of abuse of tender age of children
: opportunities and facilities for children to
develop in a healthy manner
:protection of childhood and youth against
exploitation and against moral and material
abandonment.
Art 41- 43A
Art 41- right to work
eg., MGNREGA ( Mahatma Gandhi National
Rural Employment Guarantee Act 2005)
VB G RAM G Act 2025 (Viksit Bharat Guarantee
for Rozgar and Ajeevika Mission (Gramin) Act
• Art 42- making provision for securing just and
humane conditions of work and for maternity
relief.
• Art 43- workers right to have a living wage and
conditions of work ensuring a decent standard
of life.
• Art 43 A- 42nd Amd.
• Right to co –determination requiring the state
to legislate to secure the participation of
workers in management of undertaking.
 Constitutional status of Labour
jurisdiction
• Union List
– Entry No. 55: Regulation of labour and safety in
mines and oil fields
– No. 61: Industrial disputes concerning union
employees.
– No. 65: Union agencies, institutions , for
…vocational training…
• Concurrent list
•Entry no. 22: Trade union, industrial and
labour disputes
•No. 23- Social security ,Insurance,
employment and unemployment
•No. 24 – Welfare of labour including
conditions of work, PF, employers’
invalidity , old age pension and maternity
benefits
• Ministry of labour and employment – protects
and safeguard the interest of workers in
general and those who constitute the poor
sections of society.
• Promotion of welfare of both organised and
unorganised labour force.
• State Government – separate labour ministry
Classification of labour legislations
• Laws relating to Industrial Relation
* ID Act 1947
* TU Act 1926
*Industrial Employment (Standing Orders) Act
1946
Laws relating to Wages
* Minimum Wages Act 1948
* Payment of Wages Act 1936
* Payment of Bonus Act 1965
• Laws relating to social security
* EPF and Miscellaneous Provisions Act 1952
* Employees’ State Insurance Act 1948
* Labour Welfare Fund Act (States)
* Payment of Gratuity Act 1972
* Employees Compensation Act 1923
* Unorganised Workers Social Security Act 2008
Laws relating to Working hours, conditions of
Service and Employment/Protective laws
* Factories Act 1948
* Industrial Employment Standing Orders Act
1946
* Weekly Holidays Act 1942
* Plantation Labour Act 1951
* Mines Act 1952
* Inter State Migrant Workmen ( Regulation of
Employment and Conditions of Services ) Act 1979
Contract Labour( Regulation and Abolition) Act
1970
• Laws relating to Equality and Empowerment of
Women
*Equal Remuneration Act 1976
*Maternity Benefit Act 1961
• Prohibitive Labour Laws/ Laws relating to Deprived
and Disadvantaged Sections of society
*Bonded Labour system ( Abolition ) Act 1976
* Child Labour(Prohibition and Regulation ) Act
1986
* Beedi and Cigar Workers ( Conditions of
Employment) Act 1966
* Sexual Harassment at Workplace (
Prevention, Prohibition and Redresal ) Act 2013
• Laws relating to Employment and Training *
Apprentices Act 1961
* Employment Exchanges ( Compulsory Notification of
Vacancies) Act 1959
Classification
* Enacted and Enforced by Central Govt.
eg., ESI , EPF
* Enacted by Centre and enforced by both
Centre and States
eg., Equal Remuneration Act.
* Enacted by Centre and enforced by States
eg., Factories Act, TU Act, Workmen
Compensation Act
* Enacted and enforced by State
Plus Rules of centre and states.
• Collective labour laws
tripartite relationship between employee, employer
and Union, Government

• Individual labour laws

employee’s right at work ,
contractual relations
 • First National Commission on Labour 1969:
detailed analysis of problems of labour both
organised and unorganised
• Second National Commission on Labour 2002:
in the context of vast changes after 1990LPG
1) To suggest rationalisation of existing laws in
organised sector
2) To suggest an umbrella legislation for
ensuring a minimum level of protection to
worker in unorganised sectors and
agricultural workers.