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FACTORS AFFECTING THE LABOUR LAW

   

Abstract:- 

This article examines the factors affecting labour laws in India, which is a country consisting of a divorces work force and a rapidly progressing economic landscape. In India various aspects of work like duration of work, wages, social Security, facilities provided etc., are deeply influenced by the Indian Constitution, judiciary, and early industrial society of exploitation. The Indian Constitution judicial wisdom early industries , society and culture are the major key players in shaping the labour laws in India. Recently the Indian has included 29 labour related statues in four labour codes so as to simplify the legal frame work for both the employer and employee.


Introduction:-

 Labour laws also referred to as employment laws are set of laws, administrative rules criterions that address the legal rights , duties and restrictions of the people working in the organization labour laws monitor the relationship between employers or the group of employers with their employees. The basic feature of labour law in any country is that it consists the rights and duties of both the workers and employers, which are negotiated throw a contract of employment between the two parties.

There exists various factors that influence the development of labour laws, these factors includes economic developments and policies, changing nature of state or country character of employers and labour movements, growing influence of civil society, changes in ideology, technological change and the influence of foreign or international bodies such as European Union. In Indian the central government has published around 44 labour related statues, of which 29 statues have been consolidated in to four new labour codes, these labour codes are discussed below:

Labour codes: 29 labour related statues have been consolidated to form this four labour codes these codes cover wages, social Security job security, health, and working conditions. These codes are as follows :-

1.Code on wages (CW) 2019

2.Indistrial relation code (IRC) 2020 

3.The Occupational Safety health and working conditions code (OSH) 2020

4.Code on Social security  (CSS) 2020


  1. Code on wages 2019 :- The code on wages 2019 is a significant code introduced in India to regulate wages , increments and bonus. It includes various aspects of wages like equal remuneration minimum wages proper payment of wages deduction etc. The code of wages 2019 replaces the acts like I. Payment of wages act 1936

ii.Minimum wages act 1948

iii Payment of bonus act 1965

iv Equal remuneration act 1976.


The code on wages applies to all employees and the central government is directly responsible for making wage related decisions for certain employment, while state government will take the decision for all other employment. This code provide for the fixation minimum wages, determine the mode of payment for wages, determines the permissible deduction form wages. The main aim of the code on wages is to bring grater clarity and consistency in the regulation of wages bonus and payment in India.


2. Industrial relation code:- Industrial relation code introduced in the year 2020,is a significant part of legislation to consolidate and amend the laws related to trade union, conditions of employment in industries, undertakings and affidavits and Settlement of industrial disputes. The industrial relation code 2020 is a consolidation of three fundamental labour laws namely:-

I. Trade union act 1926

ii. The industrial employment ( standing order) act 1946

iii. The industrial disputes act 1947.


This code  comprises of 14 chapter with 104 section and three schedules administering with matters such as by bipartite  forums, trade union, scanning orders, and resolutions of industrial disputes. The industrial relation code expands  the complete ban on strikes to all sectors regardless whether it’s necessary or not.


3.The Occupational Safety health and working conditions code (OSH) 2020:- Is a significant code introduced in India to consolidate and amend the laws monitoring the occupational Safety health and working conditions of people employed in any industry. This code concern various aspects related to occupational health and working condition, this includes a duties of employers and employee, the promiser for the establishment of bipartite forums and resolutions of disputes. 


The Occupational Safety health and working conditions code (OSH) 2020 substitutes 13 labour laws including the factories act 1948, The mine act 1952,The contract labour ( regulation and abolished   act 1970,The building and other construction workers act ( Regulation of employment and conditions of services) act 1996 etc. This code aims to Refine the active labour laws frame work in India, which was highly complex’s due to numerous laws enacted by both central and state government. The implemented this code it is expected to provide better work conditions increase occupational health and safety and provide for the welfare of contract and migrant labourers.


4. Code on Social security  (CSS) 2020:- Code on Social security  is an act passed by the Indian parliament to amend and consolidate the laws relating to social Security in India. The main objective of the code is to give social Security to all employees and workers, irrespective of organise or unorganized sectors, and to equip measures of protection to employees including unorganized workers, daily wage workers and platform workers to ensure access to health care and to provide income security, specifically in conditions like old age, unemployment, sickness, invalidity, work injury, maternity, or laws of income generator of a family by means of rights granted to them and schemes framed under the code on  social security 2020.This code replaces 9 central labour laws including the employees consistenting act 1923, the employees state insurance act 1948 the employees provident funds and miscellaneous provisions act 1952 etc. This code brings certain type of workers like self employed workers, home workers, dig workers, and platform workers for the purpose of social security scheme including life insurance, Disability insurance, Health and maternity benefits and provident fund. This code makes it compulsory to set up social security fund at both the centre and state level.


Factors  affecting labour laws are as follow:-

  1. Constitutional provisions:- labour laws in India are greatly influenced by the preamble, fundamental rights, directive state principal of state policy and previous land mark judgment. 

  2. History and evolution:- All the previous history of labour laws in India are highly influenced with the British colonial laws. Most of the industrial or labour laws enacted by the British government were primarily concerned in protecting the interest of the British employers. The reflection of british political economic are naturally induced in framing these early laws. 

  3. Social and economic conditions:- The existing social and economic conditions of India have been the key factors in framing the Indian labour laws, monitor various aspects of work or labour such as the number of hours of work, wages, social Security, and various facilities provided. 

  4. Globalization and industrialization:- Globalization refers to the process of interaction, integration and sharing of knowledge among individuals, companies or industries and governments world wide. Industrialization talks about the process of Transferring the Economy of nation or a region from a  focus on agriculture to a dependents on manufacturing. It is distinguish by the large scale reorganization of economy for industrial purpose.The process of globalization and industrialization has also an impact on labour laws in India, leading to the need for reforms to work with the dynamic economic landscape. 

  5. Workers rights and organizational influence:- labour laws have come to force as a result of worker struggle for the rights and lives which they deserve throughout the world. They kept themselves busy in disputes to restrict the powers of workers organization and also to keep the labour cost low. 

  6. Government policies and reforms:- The Indian government has introduced various reforms and codes to make it easy, modernize, rationalise and consolidate the various laws with respect to employment, wages industrial disputes, and any other relevant matter related to labour or employment. 

  7. Character of employer and strength of labour movement:- character employment strength of labour movement also play a influential role in framing labour laws the relationship between employer and employee as well as the impact of other trade union and labour organization can impact the development and enforcement of labour law. 

  8. Technological change:- The rapid growth in technology has also become a major factor in recent years. The new technology disrupt the traditional industries, great new jobs and change the way of work this in turn the affects the development of labour law.


Suggestion:- Have to bring new codes and implement them in such a way so that the new codes are feasible to the public. Points like society, culture and of all the above the labourers have to be kept in mind before enacting any kind of acts. 

Government must take necessary precautions so that there won’t be any problems in the future. Awareness programs must be held most importantly in rural areas so as to create awareness about the rights and duties of the labours. Safety and security measures should be taken and must be implemented very strictly. 


Conclusion:- The field of labour law is vital and has a erratic  place in the legal profession Labour law was developed as a effects  of workers’ struggles for their justly suitable rights and lives throughout the world. They aggressive in disputes to defend themselves and improve their living conditions. In some ways, India’s labour laws stimulate those of advanced industrial societies. Many laws conduct social security, workplace health and safety, and other issues such as minimum employment standards. However, only a small portion of India’s workforce is formally capped by the nation’s labour laws, and even among that group, the actual operation of the law is very limited.


The benefit of the Law will be available to a larger  personnel. Upgrade India’s ease of doing business, creating jobs, and authority of the country’s future industrial relations.


Questions:-

    Q1. What are the labour laws? 


Labour laws, also referred to as employment laws are set of laws, administrative rules criterions that address the legal rights , duties and restrictions of the people working in the organization labour laws monitor the relationship between employers or the group of employers with their employees. The basic feature of labour law in any country is that it consists the rights and duties of both the workers and employers, which are negotiated throw a contract of employment between the two parties.

 

    Q2. What are the factors affecting labour laws in brief and also explain them? 


  1. Constitutional provisions:- Labour laws in India are greatly influenced by the preamble, fundamental rights, directive state principal of state policy and previous land mark judgment. 

  2. History and evolution:- All the previous history of labour laws in India are highly influenced with the British colonial laws. Most of the industrial or labour laws enacted by the British government were primarily concerned in protecting the interest of the British employers. 

  3. Social and economic conditions:- The existing social and economic conditions of India have been the key factors in framing the Indian labour laws, monitor various aspects of work or labour such as the number of hours of work, wages, social Security, and various facilities provided. 

  4. Globalization and industrialization:- Globalization refers to the process of interaction. It is distinguish by the large scale reorganization of economy for industrial purpose. The process of globalization and industrialization has also an impact on labour laws in India, 

  5. Workers rights and organizational influence:- Labour laws have come to force as a result of worker struggle for the rights and lives which they deserve throughout the world. They kept themselves busy in disputes to restrict the powers of workers organization and also to keep the labour cost low. 

  6. Government policies and reforms:- The Indian government has introduced various reforms and codes to make it easy, modernize, rationalise and consolidate the various laws with respect to employment, wages industrial disputes, and any other relevant matter related to labour or employment. 

  7. Character of employer and strength of labour movement:- Character employment strength of labour movement also play a influential role in framing labour laws the relationship between employer and employee as well as the impact of other trade union and labour organization can impact the development and enforcement of labour law. 

  8. Technological change: The rapid growth in technology has also become a major factor in recent years. The new technology disrupt the traditional industries, great new jobs and change the way of work this in turn the affects the development of labour law.

  Q3.Factors influencing labour legislations? 


.Early exploitative industrial society (workmen's beach of contract act) 1859

.Impact of contemporary Event

.The Growth of Trade Unionism

.Political Freedom End of Colonial Rules and Extension of Adult Franchise

.Rise of Socialist and other Revolutionary ideas

. The Growth of Humanitarian ideas and the notion of Social Welfare and    Social Justice

. Establishment of I. L.O.


Q4.What is meant by Labour Reforms?


Labour reforms inherently mean taking steps in increasing production, productivity, and employment chance in the economy in such a manner that the interests of the workers are not imperilled. 


Q5.What are the new Labour Codes in India?


1.Code on wages (CW) 2019

2.Indistrial relation code (IRC) 2020 

3.The Occupational Safety health and working conditions code (OSH) 2020

4.Code on Social security  (CSS) 2020


The four new labour codes – Code on Social Security 2020, Occupational Safety, Health and Working Conditions Code 2020, Industrial Relations Code 2020, and Code on Wages 2019 – will involve the existing 29 central labour and industrial laws and desire to avoid multiplicity of laws.


Many of the requirements of the codes have been termed as anti-worker by trade unions and workers’ organizations. Some specialist say that they give more power to the employer especially to hire and fire arbitrarily. 






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