Constitution of India and Labor Law

 

“Labour” is a subject in the “Concurrent List” under the Constitution of India where both the  Central and State Governments are competent to enact legislations subject, however, to reservation of certain matters for the Central Government.

The following are the thrust areas of the Government concerning labour laws:

•  Labour policy and legislation;

•  Safety, health and welfare of labour;

•  Social security of labour;

•  Policy relating to special target groups such as women and child labour;

Industrial relations and enforcement of labour laws in the central sphere;

Adjudication of industrial disputes through Central Government Industrial Tribunals-cum Labour Courts and National Industrial Tribunals;

•  Workers’ education;

•  Labour and employment statistics;

•  Emigration of labour for employment abroad;

•  Employment services and vocational training;

•  Administration of central labour and employment services; and

•  International cooperation in labour and employment matters.

India has a number of labour laws that govern almost all the aspects of employment such as payment of wages, minimum wages, payment of bonuses, payment of gratuity, contributions to provident fund and pension fund, working conditions, accident compensations, etc. The  Government has enacted certain central legislations, viz, the Employees Provident Fund and  Miscellaneous Provisions Act, Employees State Insurance Act, Payment of Wages Act,  Minimum Wages Act, Equal Remuneration Act, Maternity Benefits Act, etc. In addition, at the  State level, the State Governments usually have a separate Labour Ministry, which seeks to ensure compliance with State labour laws (viz, State Shops and Establishments Act, Labour  Welfare Fund Act, etc) through its Labour Department, which is generally operational at the district level.

The various labour legislations enacted by the Central Government can be classified into the  following different broad categories: Laws relating to Industrial Relations, Industrial Disputes  Act, 1947, Trade Unions Act, 1926, Laws relating to Wages, Minimum Wages Act, 1948,  Payment of Wages Act, 1936, Payment of Bonus Act, 1965, Laws relating to Social Security,  Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Employees’ State  Insurance Act, 1948, Labour Welfare Fund Act (of respective States), Payment of Gratuity Act,  1972, Employee’s Compensation Act, 1923, Laws relating to Working Hours, Conditions of  Services and Employment, Factories Act, 1948, Industrial Employment (Standing Orders) Act,  1946, Shops and Commercial Establishments Act (of respective States), Contract Labour

(Regulation and Abolition) Act, 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Weekly Holiday Act, 1942, National and Festival  Holidays Act (of respective States) 1963, The Plantation Labour Act, 1951, The Mines Act,  1952, The Dock Workers (Safety, Health & Welfare) Act, 1986, Laws relating to Equality and  Empowerment of Women, Equal Remuneration Act, 1976, Maternity Benefits Act, 1961,  Prohibitive Labour Laws, Bonded Labour System (Abolition), Act, 1976, Child Labour  (Prohibition & Regulation) Act, 1986, The Beedi and Cigar Workers (Conditions of  Employment) Act, 1966 The Sexual Harassment at the Workplace (Prevention, Prohibition and  Redressal) Act, 2013, Laws relating to Employment and Training, Apprentices Act,  1961 Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. 2 According to a study this law has become archaic due to which recently the Indian parliament is considering following legislations to convert into few codes.