Labour Laws in India

Labour laws in India encompass a wide array of legal provisions designed to protect the rights of workers, ensure fair wages, and promote healthy working conditions. The landscape of labour laws in India has undergone significant changes. Laws evolved, thus reflecting evolving industrial dynamics, societal values, and global trends. The labour laws hold significant importance and are thus part of syllabus of various competitive exams. Organizations dealing with such laws such as Employees’ Provident Fund Organization(EPFO), Employees’ State Insurance Corporation (ESIC), to name a few regularly conducts the exam.

History of Labour Laws

The historical context of Indian labour laws is rooted in the nation’s colonial past and its post-independence journey toward industrialization and economic development. During British rule, India underwent significant industrialization, particularly in sectors like textiles, jute, and mining. The industrial boom brought about complex labour issues, including poor working conditions, long working hours, and inadequate wages. A lot many people were forced into poverty and to leave their jobs. Unsatisfied by the prevailing conditions, the workers as well as the employers started raising their voice against the British government. The workers demanded for better working conditions, right to organize and protection of wages whereas the employers demanded to keep the low labour cost.

The British government introduced early labour regulations in response to rising concerns about worker welfare and to address unrest. The government introduced Factories Act, 1883 to regulate industrial working conditions in India. It aimed to improve the safety and health of factory workers, albeit with limited scope. It focused on working hours, abolition of child labour, restriction of women in night shift, etc.

Later, a statute to redress the disputes between the workers and the employers was passed in the form of Trade Dispute Act 1929 which was later repealed by the Industrial Dispute Act-1947.

Constitutional mandate

The Constitution of India includes provisions for workers’ rights and social justice. Article 16, 19, 23 and 24 protects the dignity of the human labour.

The Directive Principles of State Policy outlined the state’s responsibility to ensure fair working conditions, social security, and living wages. Article 39, 41, 42, 43, 43A & 54 deals with equality of wages, standard of life, worker’s participation in the management.

Various other provisions also falls under Union and Concurrent list.

Categorization of Labour laws as per Appropriate Government

1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement.

The Employees’ State Insurance Act, 1948
The Employees’ Provident Fund and Miscellaneous Provisions Act,1952
The Dock Workers (Safety, Health and Welfare) Act, 1986
The Mines Act, 1952
The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
The Mica Mines Labour Welfare Fund Act, 1946
The Beedi Workers Welfare Cess Act, 1976
The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
The Cine Workers Welfare (Cess) Act, 1981
The Beedi Workers Welfare Fund Act, 1976
The Cine Workers Welfare Fund Act, 1981

2) Labour laws enacted by Central Government and enforced both by Central and State Governments.

The Child Labour (Prohibition and Regulation) Act, 1986.
The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.
The Contract Labour (Regulation and Abolition) Act, 1970.
The Equal Remuneration Act, 1976.
The Industrial Disputes Act, 1947. 12
The Industrial Employment (Standing Orders) Act, 1946.
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
The Maternity Benefit Act, 1961
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
The Payment of Gratuity Act, 1972
The Payment of Wages Act, 1936
The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Building and Other Construction Workers Cess Act, 1996
The Apprentices Act, 1961
Unorganized Workers Social Security Act, 2008
Working Journalists (Fixation of Rates of Wages Act, 1958
Merchant Shipping Act, 1958
Sales Promotion Employees Act, 1976
Dangerous Machines (Regulation) Act, 1983
Dock Workers (Regulation of Employment) Act, 1948
Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
Private Security Agencies (Regulation) Act, 2005

3) Labour laws enacted by Central Government and enforced by the State Governments.

The Employers’ Liability Act, 1938
The Factories Act, 1948
The Motor Transport Workers Act, 1961
The Personal Injuries (Compensation Insurance) Act, 1963
The Personal Injuries (Emergency Provisions) Act, 1962
The Plantation Labour Act, 1951
The Sales Promotion Employees (Conditions of Service) Act, 1976
The Trade Unions Act, 1926
The Weekly Holidays Act, 1942 13
The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
The Workmen’s Compensation Act, 1923
The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
The Children (Pledging of Labour) Act 1938
The Bonded Labour System (Abolition) Act, 1976
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966