Labour legislation is necessary for the following reason
o The workers were financially weak and had little bargaining power.
The wages paid to factory workers were quite inadequate to meet their barest
needs.
o If workers exposed to serious accidents because machine lost their
employment and had no right to compensation
o The employment was not secured. Worker would be discharged
suspended or dismissed at any time without assigning any reason.
o hildren and women were taking to work under hazardous conditions
o It establishes a legal system that facilitates productive
individual and collective employment relationships, and therefore a productive
economy.
o providing a framework within which employers, workers and their
representatives can interact with regard to work-related issues, it serves as
an important vehicle for achieving harmonious industrial relations based on
workplace democracy.
o It provides a clear and constant reminder and guarantee of
fundamental principles and rights at work, which have received broad social
acceptance, and establishes the processes through which these principles and
rights can be implemented and enforced.
Labour
legislation is widely used both to regulate individual employment relationships
and to establish the framework within which workers and employers can determine
their own relations on a collective basis, for example through collective
bargaining between trade unions and employers or employers' organizations or
through mechanisms of worker participation in the enterprise. Regulation of the
collective relations of workers and employers typically includes laying down
legal guarantees of the right of workers and employers to organize in
occupational organizations, to bargain collectively and the right to strike, as
well as mechanisms for worker participation at the enterprise level
The
legislative regulation of the individual employment relationship typically
entails the enactment of provisions governing the formation and termination of
the relationship (that is, the conclusion of contracts of employment, their
suspension and termination) and the rights and obligations relating to the
different aspects of the relationship (such as the minimum age for admission to
employment of work, the protection of young workers, equality at work, hours of
work, paid holidays, the payment of wages, occupational safety and health and
maternity protection).
Provision also
has to be made for enforcement procedures and supporting institutions (such as
labour inspection services and courts or tribunals).
CLASSIFIACTION OF LABOURS LAWS:
o a) General laws, which are applicable to all
establishments, not otherwise provided for, e.g. factories act, 1948; the
industrial employment act 1946.
b) Specific laws, which are applicable to specific
industry-the mines act, 1962. The plantation labour act, 1948, Indian merchants
shipping act 1923. Working journalist’s newspaper employees and miscellaneous
provisions act, 1955.
o Laws relating to specific matters, namely
a) Wages
b) Social securities
c) Welfare
d) Housing
e) leave the payment of
wages act 1936, the minimum wages act 1948, the workmen's compensation act
1923, the employees compensation act 1923; the employment provident act 1952,
the employees state insurance act 1948 the bonded labour and system act, 1976.
o Laws relating to association of workers e.g. the trade unions act,
1926, the industrial dispute act.
o Laws relating to social insurance. The workmen compensation act
1923, the maternity benefits act, 1961 and the employee’s state insurance
act 1948
PRINCIPLE OF LABOUR LAWS:
Labour
legislation in any country should be based upon-
1) Social
justice, 2) social equity, 3) international uniformity and, 4) national economy
1)
Social justice:
Ideal
condition in which all members of a company have the same basic rights,
security, opportunities, obligations and social benefits.
2)
Social equity:
Legislation
based on social justice prescribes a definite standard for adoption in future.
Such standard is forced after taking into consideration the past and present
circumstances. Once this standard is fixed by legislation it cannot be changed
unless the circumstances and conditions so warrant.
3)
International uniformity:
International
uniformity is another principle on which labour laws are based. This important
role played by international organization in this connection is praiseworthy.
This organization aims at securing minimum uniform standard in respect of all
labour matters.
4)
National economy:
While framing
the labour law the general economic situation of the country has to be kept in
mind so that object may not be defeated.
