Workers’ Rights Unveiled: Exploring The Protection of Labour Under Labour Law in India

Under the labor laws there are a set of compliances that govern the regulations for the treatment of workforce at work place. It is an asset for the organization by which they can  ensure that the rights of employers and employees are protected against any exploitation, and code of labor laws are enforced. The Indian economy is thriving on the vast workforce that India has, and the Labour Law in India is there to safeguard the rights of this vast workforce. This comprehensive law has been incorporated to save the rights of both employer and employee. This law includes a wide range of statutes, regulations, policies to protect the rights and interests of workers. Labor law helps in building a harmonious relationship between employer and employee ensuring a fair treatment. The law takes care of various aspects of employment including contracts, wages, working conditions, industrial disputes, and social security. In this article we will dive deep and provide you with a clear and informative overview of Labour Law in India.

Historical Overview of Labour Law In India

In the historical context the labour law has gone through various changes as per the requirement of the time. The history of this law goes back to 1881 when Factories Act was incorporated after that in the year 1926 trade union act was brought in. The year 1947 saw the incorporation of the Industrial Dispute Act for investigating and settling of industrial disputes. Post independence, the law was amended multiple times to keep up with international standards, the recent amendment in the labour law as made in the year 2022 bringing huge transformations in all sectors and industries.

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The Provisions of Protection Under Indian Labour Law Act

The Indian Labour Law aims to safeguard the rights of the workers in India. The law comprises a wide range of rules and regulations including central mandate and state government guidelines.

Fundamental Rights: The law aligns its statute with the fundamental rights and provides protection against exploitation and ensures fair wages.

Working Conditions: This law ensures that the worker works in an environment which is safe and makes sure that the employer has taken ample safety measures. This becomes very important for the worker working in extreme conditions like mining. 

Wage Security: The minimum wage act provides protection against unfair payment for work and ensures that the worker gets paid timely as per the law.

Social Security: The act also makes sure that the worker has social security and establishment of organizations like ESIC (Employees’ State Insurance Corporation) and Employees’ Provident Fund helps in providing social security to the workers.

Non-Discrimination: The law aims to work in a non discriminatory way and try to ensure a fair wage for everyone without discrimination based on gender and other factors.

Freedom of Association: Under this act the law allows the formation of unions to put forth their demand collectively, if they feel exploited, not being paid fairly or not having enough safety measures in place while working in extreme conditions.

The Major Changes or Issues Addressed By Labour Law In India

The Labour Law has brought about several key changes about the working conditions, terms of employment and benefits provided to the employee. Below are some of the key changes that are brought in by Indian Labour Law

Industrial Disputes Act, 1947:  This Act was passed with the key objective of “Maintenance of Peaceful work culture in the Industry in India” and outlines procedures for resolving workplace conflicts and promoting industrial harmony.

Maternity Benefit Act, 1961: The Maternity Benefit Act of 1961 is aimed at bringing inclusivity as it understood the value and participation of women employees and in order to encourage the women employees it introduced paid leave and job guarantee for the new mother and expecting mothers.

The Child Labour (Prohibition and Regulation) Act, 1986:  The Child Labour act brought about the major changes in employment. It brought in major reform by safeguarding children from exploitation. The law strictly prohibits any employment of children under the age of 14 years. As per the act children of or below the age of 14 years are strictly prohibited from being employed in hazardous occupations. The act also provides provision of strict punishment under this act in case of any violation.

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Conclusion:

The labour law in India is very vast and its history dates back to the British Colonial era. According to the changing conditions it has gone through various amendments and changes to keep up with the changing socio economic condition of the country. It has played a vital role in safeguarding the rights of workers through its various legal statutes. It played a major role in bringing inclusivity by removing gender bias and making benefits like maternity leave mandatory for organization. It safeguard children from exploitation by providing provision for strict punishment in case of child labour with the introduction of Child Labour Act of 1986. The law has evolved over the times and constantly puts its effort to level the playing field between employers and employees.

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