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Every government has their own developmental goals for their economy. More popularly, these include quick growth of national income, easing poverty, and minimization of income inequalities. Workers’ rights or Labour rights are a group of legal rights and affirmed human rights concerning labour relations between workers and their employers, commonly obtained under labour and employment law. History of industrialization holds a consistent struggle between labour and capital. Capital has been taking advantage of the labour to the maximum benefit.It is ordinarily envisioned that solving labour issues is one of the major duties of the Government of any country, especially a non-developing country. As a result, the Government is boosted with powers to present and implement labour laws for solving issues not only of labour but also of the management.The relationship between the workers and employers is one of partnership in the conservation of the creation and building up of the national economy, and therefore of extreme importance.The community as a whole as well as individual employers are under the responsibility to protect the well-being of workers and to assure them their dueshare in the gains of economic development.The individual workers are financially weak. They have no way to bargain with the employers for the protection of their rights and even for subsistence wages. So these kinds of legislation for the protection of labourers facing long hours of work, unhygienic working conditions, low wages and manipulation is essential.
(Article 43A) Labour policy under Constitution of India
The Constitution of India under Article 43A9 introduced by 42nd Amendment Act, 1976 unlocked a new viewpoint in Industrial Relations in modern India. It specifies for the “Participation of workers in management of industries.” It specifies that the State is required to take steps by appropriate legislation or inthe other way, to protect the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.Labour Legislation has risen up as one of the most essential social institutions in India. The different forms of legislations include the Workmen Compensation Act, 1923, the Trade Union Act, 1926, the Payment of Wages Act, 1936, the Industrial Employment Act (Standing Orders), 1946, the
Factories Act, 1948, the Minimum Wages Act, 1948, the Employees State Insurance Act, 1948, the Employees Provident Funds Family Pension Fund and Deposit-linked Insurance Fund Act, 1952.
Labour policy under the 1948, Factories Act
Section 41 of the Factories Act, 1948 inserted by amending Act, 1987 specifies that the occupier shall, set up a safety committee consisting of an equal number of representatives of workers and management in every factory where risky process takes place, or where dangerous substances are utilised or handled, to enhance cooperation between the workers and management in supporting proper safety and health at work and review regularly the preparations taken in that behalf.This act also put forward that women cannot be employed in the night shift. The Mines Act also prevents employers from making women work underground. The Factories Act lays down in the case of children that those below the age of 14 cannot work in factories. Further, persons who are above the age of 14 who are employed cannot be given work for more than 4½ hours a day. For the Pregnant women, four months of maternity leave with full pay for the leave period is provided. The employers have to provide childcare at the workplace for the children of working mothers.
Labour policy under 1947 the Industrial Disputes Act
As per the Section 2 (ra) of the Industrial Disputes Act, 1947, unfair labour practices refer to “any of the practices specified in the Fifth Schedule to the Industrial Disputes Act, 1947. According to Section 25T of the Industrial Disputes Act, 1947 no employer or workman or a trade union, if registered under the Trade Unions Act, 1926 or not, shall commit any unjust labour practice. Besides, Section 25U of the Industrial Disputes Act, 1947, any person who executes any unjust labour practice will be punishable with imprisonment for a period which might extend to six months or with fine which may extend to one thousand rupees or with both.
Labour policy under 1976, The Bonded Labour System (Abolition) Act
The Bonded Labour System (Abolition) Act, 1976 demolished the bonded labour system across the country. This Act estimates the release of all bonded labourers and coexisting liquidation of their debt.The New 20-point programme stipulated full execution of laws abolishing the bonded labour system which conveys: identification, release, action against offenders, constitution and the conducting of frequent meetings of vigilance committees at district and sub divisional levels, etc. Since 1978-79 with an idea to supplement efforts of state governments, a centrally sponsored scheme has been in operation under which state governments are given central financial assistance for rehabilitation of bonded labour. However, the Government who has made these Acts for the workers, the implementation of Labour Welfare and security schemes is not convenient.
Labour Policy in international arena
The International Labour Organization was formed in 1919 in the international arena, as part of the League of Nations to secure worker’s rights. The ILO later merged into the United Nations. The UN itself supported workers’ rights by incorporating several into two articles of the United Nations Declaration of Human Rights, which is the basis of the International Covenant on Economic,
Social and Cultural Rights.
