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Indian
labour law refers to laws regulating labour in India. Traditionally, Indian
governments at federal and state level have sought to ensure a high degree of
protection for workers, but in practice, this differs due to form of government
and because labour is a subject in the concurrent list of the Indian
Constitution.
In the
Constitution of India from 1950, articles 14-16, 19(1)(c), 23-24, 38, and
41-43A directly concern labour rights. Article 14 states everyone should be
equal before the law, article 15 specifically says the state should not
discriminate against citizens, and article 16 extends a right of "equality
of opportunity" for employment or appointment under the state. Article
19(1)(c) gives everyone a specific right "to form associations or
unions". Article 23 prohibits all trafficking and forced labour, while
article 24 prohibits child labour under 14 years old in a factory, mine or
"any other hazardous employment".
Articles
38-39, and 41-43A, however, like all rights listed in Part IV of the
Constitution are not enforceable by courts, rather than creating an
aspirational "duty of the State to apply these principles in making
laws".[3] The original justification for leaving such principles
unenforceable by the courts was that democratically accountable institutions
ought to be left with discretion, given the demands they could create on the
state for funding from general taxation, although such views have since become
controversial. Article 38(1) says that in general the state should "strive
to promote the welfare of the people" with a "social order in which
justice, social, economic and political, shall inform all the institutions of
national life. In article 38(2) it goes on to say the state should
"minimise the inequalities in income" and based on all other
statuses. Article 41 creates a "right to work", which the National
Rural Employment Guarantee Act 2005 attempts to put into practice. Article 42
requires the state to "make provision for securing just and human
conditions of work and for maternity relief". Article 43 says workers
should have the right to a living wage and "conditions of work ensuring a
decent standard of life". Article 43A, inserted by the Forty-second
Amendment of the Constitution of India in 1976,[4] creates a constitutional
right to codetermination by requiring the state to legislate to "secure
the participation of workers in the management of undertakings". All these
fundamentals must be learned by a certification
course in labour laws before venturing
into real world cases.
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By | Mahmudul Hasan |
Added | May 31 '20 |
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