Contemporary protection for workers, but in practice, legislative

Contemporary legal cultures.

 

“Labour Law In India”

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Ø  Indian labour law refers to law prescribed for labours in India. Traditionally, Indian governments at federal and state level have sought to ensure a high degree of protection for workers, but in practice, legislative rights only cover a minority of workers.

 

v History of Indian Labour Law.

·       The Trade Union Act 1926.

The trade union movement in India was a continuous association of wage earners for the purpose of maintaining or improving the conditions of their working lives.

The unionism was firstly originated from the Great Britain and from there it came to India. The Trade Union in India can be studied by dividing it in three periods.

1.     1st World War.

2.     2 World Wars upto Independence.

3.     Independence up to post independence.

 

v Constitutional Rights.

Ø  Constitution of India from 1950 “Labour Rights” is directly concerned. In Articles…

·       Everyone should be equal before the law, As per the Article 14.

·       Citizens should not be discriminated by the state, As per the section 15.

·       Workers should have the Right to Opportunity for employment,  As per the Article 16.

·       Workers have the rights to form “Associations or Unions”,  As per the Article 19.

·       All trafficking and forced labour is prohibited, As per the Article 23.

·       In a factory, mine or “any other hazardous employment” person less than 14 years old is prohibited, considered as “Child Labour”,  As per the Article24.

·       An effort should be made for promoting the welfare of the people that too with a social order like “Justice, Social, Economic & Political” shall inform all the institutions of national life, As per the Article 38(1).

·       Inequality in Incomes should be minimized, As per the Articles 38(2).

·       The National Rural Employment Guarantee Act,2005 attempts to put into practice the “Right To Work”, created by The Article 41.

·       “To make provisions for securing and making better human conditions of work, As per the Article 42.

·       Workers should get at least a “minimum wage” and also a good condition and environment of work which ensures dignified standard of life,

As per the Article 43.

·       Workers should have the Right to participate in the management’s functions,

As per the Article 43A.