LABOUR LAWS AND FUNDAMENTAL RIGHTS: “Two aspects of one coin”
LABOUR
LAWS AND FUNDAMENTAL RIGHTS:
“Two aspects of
one coin”
WRITTEN BY: UMMEY HABIBA KHAN
4TH YEAR, B.A.LL.B. (HONS)
DEEN DAYAL UPADHYAY GORAKHPUR UNIVERSITY, GORAKHPUR,
U.P.
EDITED BY: KASHAF ALI
3rd YEAR, LL.B
CAREER COLLEGE OF LAW, BHOPAL, M.P
In
June 2023, the NHRC (National Human
Rights Commission) takes suo moto cognizance of media reports on the rescue
of 11 men detained and chained who were forced to work for half to four months
by well-digging contractors in Osmanabad district of Maharashtra for the
violation of Labour Laws and Bonded Labour System (Abolition) Act of 1976 as
the act of forced labour also violates the basic fundamental right under
Article 23 which stringently prohibits forced labour. These type of instances
can be frequently seen in the newspaper headlines which sometimes are more
brutal and heinous than it seems. These incidents left no option for NHRC but
to intervene in this matter.
According
to National Crime
Investigation Bureau, the term ‘labour’ means a person who does
physical productive work in exchange of wages while in layman’s word, ‘A labour
means any type of mental and physical exertion to produce any good or services
in the exchange of economic reward.’
The
labour laws deals with the various administrative rulings complied to be made
and the procedures to be followed under the legal rights and restrictions on
the labouring class and proletariat’s unions and associations. As Article 19(1)(g) of Constitution of
India grants right to do any
occupation, profession, business. Simultaneously, Article 21 states right to
livelihood as a fundamental right to safeguard that no person shall be
destitute of his means of sustenance and it also includes the right to work,
employment and form trade unions. The labour laws are nothing different but an
extension of Fundamental Rights of the labours and safety measures which is
needed to be taken towards them due to the nature of their work.
Whilst
the Constitution of India firms with the foundation of being federal to form an
egalitarian society free from biasness and fear, correspondingly the labour
laws outlook on amalgamated 4 codes which are the pillars form the base of
Central Labour Laws of India. The four labour codes replace the complex web of
twenty-nine cumbersome labour laws.
The Code on Social
Security; The Occupational Safety, Health and Working Conditions Code; The Code
on Wages and The Industrial
Relations Code are the four germane pillar codes on which labour
laws precisely stands out. They altogether exert on how to make labour laws
more efficient and practical for the labour class at the same time to develop
better understanding between the society and the efforts initiated by the
working class equally. The four codes are commended and condemned at the same
time and platforms. The working labours take the codes as their freedom to work
liberally as it helps them to enhance the growth rate of employment and
modernize the outdated laws which couldn’t seem to sync with the rapidly
varying economy day-by-day while the detractors comprehend them as notorious
and detachable to the working class’s rules and ethics.
As
The Code on Social Security unifies The Employees’ Provident Fund and Miscellaneous Provisions
Act of 1952,The Employees’ Compensation Act of 1923, The Employees’ State
Insurance Act of 1948, The Payment of Gratuity Act of 1972, The Cine Workers
Welfare Fund Act of 1981, The Building and other Construction Workers Welfare
Cess Ac of 1996, The Maternity Benefit Act of 1961, The Unorganized Workers’
Social Security Act of 2008, and
The Employment Exchange (Compulsory Notification of
Vacancies) Act of 1959. The
code has given major provisions for the registration of all three groups of
workforce, i.e., Platform workers, Gig workers, and unorganized workers. It
enabled the establishment of ‘National
Social Security Board’ which deals with the recommendation and monitoring
of the schemes of the Central Government. Moreover, the ‘Fundamental Right to seek Constitutional Remedy’ stated under Article 32 of
Indian Constitution grants citizen of India to strive against arbitrary
actions by the state or individual. In addition to it, Article 226 of Indian Constitution permits the high court for
issuing a writ in its local jurisdiction against the offending party.
The
Occupational Safety, Health and Working Conditions Code, 2020 amalgamates
thirteen existing labor laws which are The Working Journalist and Other Newspaper Employees
(Conditions of Service and Miscellaneous Provision) Act of 1955, The Factories
Act of 1948, The Dock Workers (Safety, Health and Welfare) Act of 1986, The
Beedi and Cigar Workers (Conditions of Employment) Act of 1963, The Building
& Other Construction Workers (Regulation of Employment and Condition of
Service) Act of 1996, The Sale Promotion Employees (Conditions of Service) Act
of 1976, The Mines Act of 1952, The Plantation Labour Act of 1951, the Working
Journalist (Fixation of Rates of Wages) Act of 1958, The Cine Workers and
Cinema Theatre Workers Act of 1981, The Motor Transport Worker Act of 1961, The
Inter-state Migrant Workmen (Regulation of Employment and Conditions of
Service) Act of 1979, and
The
Contract Labour Regulation and Abolition Act of 1970. The code
establishes the daily working hours from 8 or 9 hours to 12 hours per day for
the workers. It has also introduces the single license system to make mandatory
regime easier to understand. Apart from this, Article 23 of Constitution of India forbids
human trafficking and forced labour making it unconstitutional and inhumane. It
protects all the citizens against exploitation from both the state and from
individuals. Along with it, Article 24 of Constitution of India prohibits
engagement of children in employment activities, i.e., below the age group of
14 years. The mentioned fundamental rights in the Constitution of India
guarantees the safety and security of all citizens of India including the
working class too.
Likewise,
The Code on Wages reported in August 2019, envisions the stable application of
the provisions of four laws viz, Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act of 1965 and Equal
Remuneration Act. It ensures the solicitation of floor wage in the
country, which is determined by the center fixing floor wage as the minimum
wage given to any labour. This code also emphasizes on gender equality as no
differentiation on the basis of sex. Analogously, Article 14 (Fundamental
Right) of Indian Constitution also ensures the ‘Right to Equality’, as no discrimination shall be done on basis of
color, caste, creed, sex, race, religion, etc. Furthermore, Article 39 (d), Part
IV of Indian Constitution directs ‘Equal pay for equal work’, i.e., people of all genders should get
the same pay for the same work leading to establishing an egalitarian society.
And
at last, The Industrial Relations Code was introduced on 29 September 22020
which integrates the three existing laws, vis-a-viz, The Trade Unions Act of 1926, The Industrial
Employment (Standing Orders) Act of 1947 and, The Industrial Disputes Act of 1947. The code adds persons who are laboring and earning less than Rs.
18,000/- per month (or any wage directed by the Centre) as a ‘Worker’ and the
definition expands on ‘Working Journalists’ too. Correspondingly, the
Fundamental Right given in the Constitution of India in
Article 19 (1)(c) assures all
Indian citizens the ‘Right to Freedom to
establish unions, or co-operative societies, or associations’. It safeguard
the rights of working class to maintain peace and harmony among themselves
unitedly as one and stand up against any barbarity or violence of their
employers and superiors. Under Article 21 of Constitution of India, the ‘Fundamental Right to Earn Livelihood’
is given to all the residents of India to secure a means to fulfill all the
basic amenities of life.
Recently
in June 2023, the Indian state of Karnataka compressed the labour laws on the
continuous high demand of Apple and its contract manufacturer, Foxconn by
allowing women workers to do the overnight shifts. However, the Labour Rights
Groups lodged a complaint opposing it with the International Labour
Organization (ILO) because molding the fourth code of the stakes of Labour
Laws. As the tweaked law enables the employers to make workers work for
straight six hours without any halt and increases the overtime for three months
from 75 hours to 144 hours which is considered to be inhuman even in the eyes
of basic human rights.
Now-a-days,
companies, industries, factories and mines’ employers also requisite to be
lenient and free minded towards their workers and employees and treat them more
humanly and generously because we, as humans can only understand the need of
basic necessities and what rights means, in the same way, labours and workers
should also be diligent and attentive towards their work and should maintain
the decorum of the workplace with honesty. As India being the world’s largest
workforce generator, the government have to be more attending to make the
citizens of nation and workers be aware about their rights and mechanism of
using it properly and effectively. We can see that the government on the
pressure of multinational companies like Apple, has molded some labour laws
according to their ultimatum. Thus, the original labour laws and rights of
labours are being negotiated which makes the formation of these laws
unreasonable.
Therefore,
after a detailed understanding of the newly consisted form of labour laws, we
can only suggest the legislature that the laws needed to be studied and amended
wisely as the introduced codes and amendments lack in many aspects to fulfill
the criteria of granting basic Fundamental Rights to a human and a citizen
which they require. Although, in India, 29 labour laws has been compressed into
four codes, the proper implementation of the codes in each sector is necessary
because laws on papers are like a body without skeleton, as we’ve seen many
laws being replaced with another as per the societies’ prerequisites but lack
it’s proper implementation which makes it more like non-existent. Since, the
Fundamental Rights are the base of Indian Constitution, likewise the labours
are the mainstays in the composition of the prosper nation.
REFERENCE:
Constitution of India
Labour Laws in India by Taxmann’s
Labour and Industrial Laws by P.K.
Padhi
https://m.timesofindia.com/topic/labour-law-violations
https://blog.ipleaders.in/industrial-relations-code-2020-an-overview/
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