EME. OF LABOUR LAWS

8/7/2019 EME. OF LABOUR LAWS

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EMERGENCE AND OBJECTIVES OFEMERGENCE AND OBJECTIVES OF

LABOUR LAWS AND SOCIOLABOUR LAWS AND SOCIO--ECONOMIC ENVIRONMENTECONOMIC ENVIRONMENT

INTRODUCTIONINTRODUCTION

Law is an instrument toLaw is an instrument to control, restrain, and guidecontrol, restrain, and guidethe behavior and courses of action of individualsthe behavior and courses of action of individuals

and their groups living in a society.and their groups living in a society.

Law is aLaw is a dynamic conceptdynamic concept. It changes with the. It changes with thegrowing needs of the society.growing needs of the society.

Development in the field of technology, economicDevelopment in the field of technology, economicand other spheres of society influence it.and other spheres of society influence it.

Law is like the sunLaw is like the sun. The sun caters to the. The sun caters to thephysical needs but law caters to social andphysical needs but law caters to social and

economic needs.economic needs.


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The law creates rights and privileges. It

also imposes duties, obligations and

restrictions.

Laws are simple tools which have to be

used by the Authorities (courts) and

society to achieve a just society.

Movements and changes in society create

social gaps. Justice seeks to bridge.

Judicial creativity and its expandinghorizon have to be kept in mind while

studying labour laws .


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INDUSTRIAL REVOLUTION ANDINDUSTRIAL REVOLUTION AND

EMERGENCR OF LAWSEMERGENCR OF LAWS

Industrial revolution completely changed

the lifestyle of the society from agricultural

and pastoral to Industrial one. Industrial society brought about excessive

exploitation of the working classes.

The Golden rule ofcapitalism that Risk

and Right encouraged them to apply the

prerogatives ofHire and Fire


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The general law of contract used to govern

the relation between worker and employer. The terms of contract were usually verbal

and mostly used against the workers.

Longer hours of work, abysmally low

wages, no safety and welfare provisions,

and no insurance- the exploitation at large.

State was adopting the policy oflaissez-

faire (let not interfere) and employersabused the workers.


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FACTORS INFLUENCING LABOURFACTORS INFLUENCING LABOUR

LEGISLATIONSLEGISLATIONS

1.Impact of contemporary events; along withIndustrial Revolution, revolutionary thinking ofRousseau, J.S. Mill, the French Revolution,Hegel. Marx & Engels and Russian Revolution

greatly influenced the thought process andhastened the pace of labour jurisprudence.

The world wars made it possible for the laboursto realize their importance.

Revolution in science, technology andtelecommunication also helped in bringing theworld closer.


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2.GROWTH OF TRADE UNIONISM2.GROWTH OF TRADE UNIONISM

Trade Union movement, emerging fromIndustrial Revolution has been another factor

which has quickened the growth of labour

legislations.

Theirdemands for protection of interests ofworking class led to the legislations in the field of

wages, hours of work, workmen's compensation,

social security and other areas.

Their growth also necessitated legislation for

regulation of Industrial Disputes and T.U. rights

and privileges


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3.POLITICAL FREEDOM,END OF3.POLITICAL FREEDOM,END OF

COLONIAL RULES AND EXTENSION OFCOLONIAL RULES AND EXTENSION OF

ADULT FRANCHISEADULT FRANCHISE

4.RISEOFSOCIALISTAND OTHER

REVOLUTIONARYIDEAS; Marx showed

that the exploitation of labour was inherentin the capitalist economic system.

He therefore advocated to overthrow

capitalist system.


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44GROWTH OF HUMANTARIAN IDEAS AND THEGROWTH OF HUMANTARIAN IDEAS AND THECONCEPT OF SOCIAL WELFARE AND SOCIALCONCEPT OF SOCIAL WELFARE AND SOCIAL

JUSTICEJUSTICE

Humanitarians, philanthropic and social

reformers influenced the shape of labourlegislation.

Early Factories Acts were made possible

because of the efforts of the humantarians

like Hume, Place, Shaftesbury and others


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5.ESTABLISHMENT OF I.L.O.5.ESTABLISHMENT OF I.L.O.

I.L.O. through conventions andrecommendations has formulated internationalminimum standard of labour which is known as

International Labour Code. This code contains wide range of subjects

including wages, hours of work, annual holidayswith pay, minimum age of employment, medical

examination, maternity protection, industrialhealth, safety and welfare, social security,freedom of association, right to organize andbargain collectively etc.


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I.L.O. standards have influenced Indian

Labour Legislation to a great extend after

1946 when Indian National Government

assured.

Articles 39,41,42,43,and 43-A of our

constitution, lays down National LabourPolicy objectives at par with I.L.O.

Conventions.

Thus I.L.O. has had a great influence onIndian Labour Scene and Labour

Legislation.


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6.INFLUENCE OF COLONIAL RULES.6.INFLUENCE OF COLONIAL RULES.

Most of the early labour legislations came intobeing because of the pressure from British

manufacturers of Lancashire and Birmingham.

Main purpose of these laws was to protect the

interest of the British capitalists.

Workmens compensation Act 1923, Indian

Trade Union Act 1926, payment of wages Act

1936, Mines Act 1923, Employment of children

Act1938 etc. were passed during this period.


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7.STRUGGLE FOR FREEDOM AND7.STRUGGLE FOR FREEDOM AND

ADOPTION OF INDIAN CONSTITUTION.ADOPTION OF INDIAN CONSTITUTION.

Nationalist leaders and freedom fighters madetireless efforts to get protective labourlegislations enacted to support the industrial

workers. Enactment of Indian Trade union Act 1926 and

appointment of Royal commission on labour etc.was possible as a result their pressure.

Repressive labour laws were replaced byprogressive labour laws.

Socialistic pattern of society, embodied inpreamble, fundamental rights, D.P.of state policy

of Indian Constitution.


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88--APPROACH TO LABOUR LAWSAPPROACH TO LABOUR LAWS

Impact of World War-II has brought about

a remarkable change in the approach to

labour laws and industrial relations.

I.L.O. Philadelfia charter adopted in 1944

prvided that Labour is not a commodity

and that poverty any where is a danger to

prosperiry every where


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Protect workers from exploitation.

Guarantee right of workmen to combineand form association or unions.

Ensure right of workmen to bargain

collectively for the betterment of their

service conditions.

Make state interfere as protector of social

well being than to remain as onlooker.

Ensure human rights and human dignity


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CLASSIFICATION OF LABOURCLASSIFICATION OF LABOUR

LEGISLATIONSLEGISLATIONS

On the basis of specific objectives, labourlegislations can be classified into followingcategories;

1.Regulative

2.Protective

3.Wage- related

4.Social Security5.Welfare both inside and outside the

workplace.


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1.Regulative LabourLegislation;

Trade Union Act,1926

Industrial Disputes Act, 1947 Industrial Employment (Standing Orders)

Act, 1946

2.Protective LabourLegislation; Factories Act, 1948

Mines Act,1952

Plantation Labour Act,195

1 Motor Transport Workers Act,1961

Shops and establishments Act

Beedi and Cigar Workers Act, 1966


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3.Wage relatedLabourLegislations;

Payment of Wages Act, 1936

Minimum Wages Act, 1948

Payment of Bonus Act, 1965

Equal remuneration Act, 1976

4.SocialSecurityLabourLegislations;

Workmens Compensation Act, 1923 Employees State Insurance Act, 1948

Coal Mines PF Act,1948

Employees PF and Miscellaneous Provisions

Act,1952

Maternity Benefit Act,1961

Payment of Gratuity Act,1972


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5.Welfare LabourLegislation;

Limestone and Dolomite Mines Labour

Welfare Fund Act, 1972

Mica mines Welfare Fund Act,1946

Iron Ore Mines, Manganese Ore Mines

and Chrome Ore Mines Labour WelfareFund Act,1976

Cine Workers Welfare Fund Act,1981

Beedi Workers Welfare Fund Act, 1976


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6.Besides the above, there are other

kinds of labour laws, which are aiso

very important in nature. Some of these

are:

Contract Labour (Regulation and Abolition)

Act, 1970 Child Labour ( Prohibition and

Regulation)Act, 1986

Building and Other Construction Workers(Regulation of Employment and

Conditions of Service) Act, 1996


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Apprentices Act, 1961

Emigration Act, 1983

Employment Exchange (compulsory Notification

of Vacancies) Act, 1959

Interstate Migrant Workmen (Regulation of

Employment and Condition of Service) Act, 1979 Sales promotion Employees (Condition of

service) Act, 1976

Working Journalists and other Newspapers

Employees (Condition of Service and

Miscellaneous Provision)Act,1955

EME. OF LABOUR LAWS

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