Posts: 3,285
Threads: 501
Joined: Sep 2010
The term "labour legislation" or "labour laws" is used to denote that body of laws which deal with employment and non-employment wages, working conditions, industrial relations, social security and labour welfare of industrially employed persons. Any enlightened state would intervene in the conduct of industry and impose statutory obligations mostly on the employers and also, to a lesser degree, on the workers in order to maintain industrial peace and good relations between management and workers and to secure to the better working conditions a minimum wage, compensation in case of accidents medical facilities provision for future etc.
The origin and growth of labour legislation may be ascribed mostly to the development of organised industry where a large number of workers including women and children are employed under conditions which tend to be detrimental to their health, safety and welfare and against which they arc often unable to protect themselves.
Need for Labour Legislation
It proceeds from two basic concepts:
(1) The relationship between workers and employers is one of partnership in the maintenance of production and the building up of the national economy.
(2) The community as a whole as well as individual employer are under an obligation to protect the well-being of workers and to secure to them their due share in the gains of economic development.
The object of Labour Legislation, therefore, is twofold:
(1) to improve the service conditions of industrial labour so as to provide for them the ordinary amenities of life, and by that process,
(2) to bring about industrial peace which could in its turn accelerate productive activity of ihe country resulting in its prosperity.
The prosperity of the country, in its turn, helps to improve the conditions of labour. The social and economic uplilftment of the labour is important for securing industrial peace which is essential to increase the national productivity [Hindustan Antibiotics Ltd. V.Workmen. AIR (1967) SC 948].
Labour has a vital role in increasing productivity, and management has to help create conditions in which workers can make their maximum contribution towards this objective. In free India, the labour movement and the trade unions should be in a position to assume larger responsibilities. One of the main tasks in the Five Year Plans is to evolve practical ways in which they can make an increasing contribution to national development and national policy. The growth of the public sector provides opportunities for working out new concepts of labour relations and the association of labour in management of industry.
To sum up, Labour Legislation is necessary for the following reasons:
1. The individual workers are economically weak. They cannot bargain with the employers for the protection of their rights and even for subsistence wages. As such legislation for protection of labour against long hours of work, unhygienic conditions of work, low wages and exploitation is needed.
2. The workers are exposed to certain risks in factories, mines and other establishments. As such in order to make provision for their health, safety and welfare, legislation is needed.
3. In order to increase the bargaining power of labour, legislation is necessary to encourage the formation of trade unions.
4. In order to avoid industrial disputes which lead to strikes and lock-outs, labour legislation is needed.
5. To protect children and women from taking to work under hazardous conditions and at odd hours, laws are necessary.
6. Laws for providing compensation to workmen who die or are injured during and in the course of employment are also needed. ,
7. Labour Legislation advances the interests of the working people and thus helps set up the development of the national economy on a sound and self-reliant basis.
PRINCIPLES OF LABOUR LEGISLATION
Labour Legislation is based on certain fundamental principles.
1. Social Justice-In an industrial set-up, social justice means an equitable distribution of profits and benefits accruing from industry between industrialists and workers and affording protection to the workers against harmful effect to their health, safety and morality. Mere compliance with and enforcement of legal rights may be unfair and cause hardship to the workers as workers-employer contracts are generally one-sided and directed by the employers. The Workmen's Compensation Act, 1923 and the Minimum Wages Act, 1948, for example, are attempts at securing social justice to the workers. The provisions of the Factories Act, 1948, fixing hours of work, overtime, leave privileges, welfare facilities and safe working conditions are also directed towards the same end.
Social justice is the signature tune of the Constitution of India and this note is nowhere more vibrant than in industrial jurisprudence [Per Krishna Iyer, J. in Punjab National Bank v.Ghulam Dastagir. AIR (1978) SC 481].
The Preamble to our Constitution also lays down the objective of establishing 'Justice—Social, Economic and Political'
2. Social equity—Another principle on which Labour Legislation is based is social equity. Legislation based on social justice fixes a definite standard for adoption for the future, taking into consideration the events and circumstances of the past and the present. But with the change of circumstances arid ideas there maybe a need for change in the law. This power of changing the law is taken by the Government by making provisions for True-making powers in the Acts in regard to certain specified matters. The rules may be modified or amended by the Government to suit the changed situation. Such legislation is based on the principle of social equity.
3. International uniformity—International uniformity is another principle on which labour laws are based. The important role played by the International Labour Organisation (in short, I.L.O.) in this connection is praiseworthy. I.L.O. is an international agency which was founded in 1919 soon after the First World War.
The main aims of the I.L.O.
(i) to remove injustice, hardship and deprivation of large masses of toiling people all over the world; and
(ii) to improve their living and working conditions and thus establish universal and lasting peace based upon social justice.
I.L.O. is a tripartite organisation consisting of representative of Government, employers and workers of the member countries. There is parity of representation as between Government and non-Government welding together employers and workers in different countries into independent organisations. By its tripartite character of association of representatives of Government, employers and workers, it has produced a large number of international Conventions and Recommendations covering unemployment, general conditions of employment, wages, hours of work, weekly rest periods, holidays, employment, of children, young persons and women, industrial health, safety, social security, industrial relations and many other allied subjects.
The basic principles of th6 Labour Policy of I.L.O. are as follows:
(a) Labour is not a commodity.
(b) Freedom of expression and of association are essential to continued progress.
© Poverty anywhere constitutes a danger to prosperity everywhere.
(d) War against want requires to be carried on with unending vigour within each nation and by continuous efforts in which the representatives of workers and employers enjoying equal status with those of Government join with them in free discussions and democratic decisions with a view to the promotion of common welfare.
I.L.O. aims at securing minimum standards on a uniform basis in respect of all labour matters. Conventions passed by I.L.O. conferences. If and when ratified by a member-State, have to be implemented through appropriare legislation. Most of the Labour Legislation in India is based on this principle.
4. National economy—In enacting labour legislation, the general economic situation of the country has to be born in mind lest the very objective of the legislation be defeated. The state of national economy is an important factor in influencing labour legislation in the country.
