Evolution of Labour Law in India by Aayush Bhardwaj

Evolution of Labour Law in India

1. INTERNAL ASSIGNMENT NAME : AAYUSH BHARDWAJ ENROLLEMENT NO : 190060401001 ADMISSION NO : 19200349 COURSE : BA LLB 7th SUBJECT : LABOUR LAW SUBMITTED TO : DR. AMIT SINGH TOPIC : EVOLUTION OF LABOUR LAW IN INDIA

2. INTRODUCTION The presentation is all about the evolution of labour laws in Indic society from vedic period to present scenario. In this we will discuss about the scriptural evidence of labour welfare smrities and vedas. We will also look about labour system in Indian empires We will look what was the need of such laws we will look in to the constitutional validity as well safeguards and provisions related to labour laws. We will look recent developments of the laws Last but not the least we will look into the way forwards of labour laws which can make it more effective in the coming time.

3. LABOUR LAWS IN ANCIENT INDIA The phase in which the code of conduct were vedas is considered as the golden ages for India, the reason behind is only about riches of all resources, economy and well framed administration but also the framing of code of conduct which relates to every section of society which includes the labors as well. It is not verbally but it has been clearly defined in various scriptures as well. For instance if we look in the Mauryan empire then its policies with regard to welfare schemes clearly says this when he mentions protection of labours, prisoners and all the sect of the society who are in vulnerable condition. Now if we look into written manuscript which talks about the labours The main sources of information on ancient Indian labour and labour laws are Sukraniti, Manusmriti, Yajnavalkyasmiriti, Naradsmriti and Arthshastra. These sources have given detailed provisions regarding payment of wages (vetanadana), employer-employee disputes (svamipala vivada), breach of contract of service (abhyupetyaasurusa) and many more these codes or provisions hold relevance even today. This is all about the ancient period of the India which clearly speaks out that labour welfare is not new to India.

4. EVOLUTION OF LAWS UNDER BRITISH RAJ The industrial/labour legislations enacted by the British were primarily intended to protect the interests of the British employers. Indian textile goods offered strong competitor to British textiles in the export market and hence in order to make India labour expensive the Factories Act was first introduced in 1883 it was the result of pressure brought up on the British parliament by the textile tycoon of Manchester and Lancashire. consequently India received the first stipulation of eight hours of work, the abolition of child labour, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. The primitive Indian statute to regulate the relationship between employer and his workmen was the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for preventing the rights of strike and lock out but no machinery was provided to take care of disputes. The pioneer colonial legislation underwent substantial altercations in the post-colonial era considering independent India called for a clear partnership between labour and capital. These were the only laws enacted by britishers

5. LABOUR LAW AND INDIAN CONSTITUTION The Indian Constitution has been considered as the most comprehensive constitution of the as it provides rights to every sect and aspect of the society. Now we will look its frame in the associated with labour laws. The connection of the dignity of human labour and the essential for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter-III Articles 16, 19, 23 & 24. Under Chapter -IV Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. Labour is a concurrent subject in the Constitution of India connote that both the Union and the state governments are qualified to legislate and administer labour matters. The bulge of essential legislative acts have been enacted by the Parliament. We will now look at the articles provided in the constitution which relates with labour rights : Article 14 commands State to treat any person equally before the law. Article (19) (1) (c) grants citizens the right to form association or unions. Article 21 promises protection of life and personal liberty. Article 23 prohibits forced labour. Article 24 prohibits employment of children below the age of fourteen years.

6. LABOUR LAW AND INDIAN CONSTITUTION Article 39A provides that the State shall secure the equal opportunities for access to justice to its citizens and ensure that such opportunities are not denied by reason of economic or other disabilities. Article 41 provides that within the limits of its economic capacity the State shall secure for the Right to work and education. Article 42 instructs State to make provisions for securing just and humane conditions of work and for maternity relief. Article 43 orders the State to secure a living wage, decent condition of work and social and cultural opportunities to all workers through legislation or economic organization. And Article 43A provides for the participation of workers in Management of Industries through legislation.

7. Principle of equal pay for equal work and Indian Supreme Court The principle of equal pay for equal work is enshrined in Article 39(d) of the Constitution. For the first time, this principle was considered in  Kishori Mohanlal Bakshi v. Union of India  in 1962.Supreme Court then ruled that it was not capable of being enforced in a court of law The Apex court changed its mind in 1982 when in  Randhir Singh v. Union of India , through a 3 judge bench, it held that: The principle of ‘equal pay for equal work’, which meant equal pay for everyone irrespective of sex, was deducible from preamble and Articles 14,16 and 39(d) of the Constitution. The principle of equal pay for equal work w as held to be applicable to cases of unequal scales of pay, based on classification or irrational classification, though both sets of employees(engaged on temporary and regular basis, respectively) performed identical duties and responsibilities. In  DS Nakara v. Union of India (1983) where the subject matter was related to pension, not a wage, speaking through the constitutional bench of five judges, it observed that:

8. Principle of equal pay for equal work and Indian Supreme Court Article 38(1) enjoins the State to strive to promote the welfare of the people by securing and protecting as effective as it may a social order in which justice social, economic and political shall inform all institutions of the national life. In particular, the State shall strive to minify the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities.Art.39 (d) enjoins a duty to see that there is equal pay for equal work for both men and women and this directive should be understood and interpreted in the light of the judgement of this court in Randhir Singh v.Union of India (1982). The jurisprudence developed through these two case laws was recently applied by the Apex Court in the case of  State of Punjab v.Jagjit Singh (2016)  where it held that temporarily engaged employees(daily wage employees, ad‐hoc appointed on casual basis , contractual employees and the like),are entitled to minimum of the regular pay scale, along with dearness allowance(as revised from time to time )on account of their performing same duties, which are discharged by those engaged on regular basis, against sanctioned posts.

9. PRESENT SCENARIO OF LABOUR LAWS IN INDIA Labour falls under the Concurrent List of the Constitution.  Therefore, both Parliament and state legislatures can make laws regulating labour.   The central government has stated that there are over 100 state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages.[1]  The Second National Commission on Labour (2002) (NCL) found existing legislation to be complex, with archaic provisions and inconsistent definitions.[2]   To improve ease of compliance and ensure uniformity in labour laws, the NCL recommended the consolidation of central labour laws into broader groups such as (i) industrial relations, (ii) wages, (iii) social security, (iv) safety, and (v) welfare and working conditions.  In 2019, the Ministry of Labour and Employment introduced four Bills on labour codes to consolidate 29 central laws.  These Codes regulate: (i) Wages, (ii) Industrial Relations, (iii) Social Security, and (iv) Occupational Safety, Health and Working Conditions.  While the Code on Wages, 2019 has been passed by Parliament, Bills on the other three areas were referred to the Standing Committee on Labour.  The Standing Committee submitted its reports on all three Bills.[3]  The government has replaced these Bills with new ones in September 2020. The Central government’s new laws on labour took effect on July 1st 2022. This means there will be huge transformations in all sectors and industries and how we’re accustomed to working.

10. Key Points of New Labour Laws and Employment in India 2022 The employees will have permission to take three weeks off They must be on the job for a period that is not longer than 48hrs. Those who work eight hours daily will only have one week of vacation Individuals who work 12 hours per day within an organisation will grant three weeks of vacation. Also, those who are working 9 hours per day will get two weeks off The new labour codes will result in a total modification to the complete and final rules Professionals who leave the country must be dealt with. The final settlement is done within 2 days from the date of departure from the business. Female employees will be able to benefit from the increase in their maternity leave to 26 weeks. Employers must obtain approval from female employees to work the night shift Security and facilities must be in good order to be guaranteed to the female employees of the organisation The structure of pay will be different according to the changes made The element of the basic salary will get an increment, and the provision fund calculations based on the basic salary will get a raise as well

11. Labour Laws, Employment and Regulations in India Gratuity cost of companies to increase Basic pay to be 50% of CTC 15 Minutes overtime payment Provident contributions to the fund 48 hours set work time for one week Leaves number The amount of time off during the year will be the same, but employees now get an hour of leave for every 20 days of working instead of 45. Structure of salary for employees Hours of operation

12. CONCLUSION  India’s constitution is the basis of all laws in our country. The labour laws are also rendered in compliance with the constitution, and the abolition of that particular law results in any violation of constitutional law. As we have seen the implementation of labour laws along with all the laws the key which has to be taken in strong consideration is the way forward which I think Vocational Training: Establish recognising/accrediting agencies for vocational training institutes is necessary to optimise and empower India’s labour workforce. There is a need to develop a framework to interlink vocational training and academic education in order to facilitate inter-stream movement of students and vocational trainees. Social Security: State governments should enact legislation for the welfare of unorganised workers, which should clearly identify the resources to be raised, benefits to be given as well as the institutional mechanism. oThere is also a need for welfare services to the unorganised workers such as compensation for accidents at work, death, and old age pension in the ‘risk cover mode’. Employment Information Service: To support the new initiatives to provide employment guarantees in backward districts, employment information services need to be provided through e-governance.

13. Conclusion Information regarding employment opportunities should percolate to the lowest level from both private and public sectors. Integrating Problem Solving with Forward Looking Approach: Most of the provisions of the Codes address the past demands and discrepancies, acting as restorative justice for the past harms. oIt is also essential that we adopt a futuristic approach when it comes to protecting workers and handling disputes regarding Automation and Robotics, AI-powered workforces, and bioengineering, which may hamper workers' rights in the future. This is all about the evolution,present scenario and ways forward.