PURPOSE OF LABOUR LEGISLATION

Everyone must have seen Amitabh Bachchan in the film Kaala Patthar, in which coal miners were harassed by corporations and no one helped them until Amitabh Bachchan protested. Luckily, in the twenty-first century, there is a widespread assumption that we have constructed relief valves to protect our employees against totalitarianism. This blog will lead you through the history and purpose of Indian labor legislation.

INTRODUCTION

Labor law refers to the connection between labor, labor union, and the gov’t as a whole. It is crucial in defending workers’ rights, their unions, and their pay, as well as establishing a relationship between the state and employees. It is a safety code for laborers, labor, and staff, to inform them of their rights and establish the goal of informing them of their rights and establishing a norm for labor work practices. The terms “labor law” and “employment law” are frequently used interchangeably. Employment law, on the other hand, is the branch of law that deals exclusively with the connection between an employer and an employee. It is crucial in defending workers’ rights, their unions, and their pay, as well as establishing a relationship between the state and employees. It is a safety code for laborers, workers, and staff, to inform them of their legal rights and establish the goal of informing them of their legal rights and establishing a benchmark for worker work practices.

WHY DO WE NEED LABOR LAW?

The Labour Law is a mechanism that promotes both employee autonomy and safety. It governs both person and group occupational relationships. Constitutional law, the civil code, the penal code, and the transnational ILO Conventions are all significant statutes. The goal of labor law is to create a balance between both the employees and the employer, to prohibit the company from terminating a worker without reason, and to establish and maintain mechanisms that recognize employees as “equal” players in conversations regarding their working conditions, among other things. . Labor law attempts to avoid a drive to the bottom by limiting contractual partners’ flexibility to contract on their conditions and establishing basic protection and wage requirements. Labor law also governs the job market: a government may opt to pass legislation setting maximum or minimum pay or working-hour limitations, either generally or in specific industries or sectors.

INDUSTRIAL REVOLUTATION AND THE NEED FOR LABOUR LEGISLATION

The Industrial Revolution is a watershed moment in history, transforming society’s lives from farming to industrialized and commercial. Extreme mistreatment of the working classes was carried about because of the industrial society, with employers taking full advantage of the laborer’s dispensability and seeking a full return on his investment. They have the power to “hire and fire” because of industrial capitalism’s golden rule that “Risk and Right” go together. Other legal notions accessible at the time were Boss and Worker, carrot and the stick, and so forth. Another piece of legislation that gave birth to the “indentured labor system” was the Labor and Migration Act. Longer shifts of labor, pitiful earnings, a lack of health & safety standards, and no insurance – this is widespread abuse. Employer mistreat employees, taking full advantage of the circumstances, as the government adopted a laissez-faire attitude (don’t intervene). Every civilization revises, evaluates, rebuilds, and reimagine its legal idea and civilized ways of life as it progresses. The changes have been brought about by industrialization left some gaps, and it was up to society to address them. The labor laws are by-products of the Industrial Era, and they were enacted to address the resulting inconsistencies.

WHAT IS THE PURPOSE OF LABOUR LEGILATION?

Labor law that is tailored to the social and economic concerns of today’s workplace serves three critical functions:

•  It creates a legal framework that promotes efficient personal and group employment relations, and thus a prosperous economy.
•  It acts as a vital instrument for developing harmonious industrial relations based on workplace democracy by providing a framework within which employers, workers, and their representatives may deal with job issues.
• It serves as a clear and regular statement of basic ideas and labor rights that have received widespread public acceptance, as well as defining the procedures through which such values and responsibilities can be applied and enforced.

However, history demonstrates that labor regulations can only successfully fulfill these roles if they are sensitive to labor market realities and the demands of the parties concerned. The most effective method to guarantee that these situations and demands are fully addressed is for individuals affected to be directly engaged in the legislative process through social dialogue activities.

CONCLUSION

Several labor laws address various labor and industrial challenges. The Acts were passed to achieve the goal of achieving social and economic equality. They also exemplify the spirit of the Constitution as expressed in numerous Articles.

• Part III of the Constitution, which includes Articles 16, 19, 23, and 24.
• Articles 39, 41, 42, 43, 43A, and 54, which are found in Part IV of the Constitution.

The terms of different conventions and treaties that India has accepted have been repeatedly integrated into these Acts.

However, due to a variety of factors, they are unable to fully realize their aims.

•  The penalties imposed under the different Acts are insufficient to serve as a deterrence to offenders.
• There are so many laws that workers and employees are sometimes uninformed of their rights under them.

REFRENCES 

• https://mgkvp.ac.in/Uploads/Lectures/47/1424.pdf
• https://blog.ipleaders.in/labour-laws/
• https://wageindicator-data-academy.org/countries/data-academy-garment-indonesia-english/labour-regulations-english/labour-law-why-we-need-it#:~:text=Labour%20law%20aims%20to%20correct,about%20their%20working%20conditions%20etc.
• https://www.legalserviceindia.com/legal/article-4220-a-summary-on-existing-labour-laws-in-india.html#:~:text=Its%20main%20aim%20is%20to,%2C%20maternity%2C%20injury%2C%20etc.
• https://blog.ipleaders.in/labour-laws-in-india/