What is Labour Rights?
Historical Background
Key Points
10 points- 1.
Constitutional Mandates: Article 14 (Equality), Article 19(1)(c) (Right to form associations/unions), Article 21 (Right to life, including livelihood and safe environment), Article 23 (Prohibition of forced labour), Article 24 (Prohibition of child labour).
- 2.
Directive Principles of State Policy (DPSP): Article 39 (equal pay for equal work), Article 41 (right to work), Article 42 (just and humane conditions of work, maternity relief), Article 43 (living wage), Article 43A (workers' participation in management).
- 3.
Key Legislations: Historically, laws like Minimum Wages Act 1948, Factories Act 1948, Industrial Disputes Act 1947, Trade Unions Act 1926, Maternity Benefit Act 1961.
- 4.
Labour Codes (2020): Consolidate 29 central labour laws into 4 codes: Code on Wages 2019, Industrial Relations Code 2020, Code on Social Security 2020, Occupational Safety, Health and Working Conditions Code 2020.
- 5.
Ensures protection against unfair dismissal, discrimination, and harassment at the workplace.
- 6.
Promotes collective bargaining and the right to strike (with regulations) for workers to negotiate terms.
- 7.
Mandates safe working conditions and reasonable working hours to prevent accidents and health hazards.
- 8.
Guarantees minimum wages and timely payment of wages to ensure a basic standard of living.
- 9.
Addresses issues like child labour and forced labour through specific prohibitory laws.
- 10.
Challenges arise in extending these rights to the informal sector and gig workers due to their unique employment models.
Visual Insights
Fundamental Rights Related to Labour
This table compares the key fundamental rights in the Indian Constitution that are relevant to labour rights.
| Article | Description | Relevance to Labour |
|---|---|---|
| Article 14 | Equality before law | Ensures equal treatment of workers under the law. |
| Article 19(1)(c) | Right to form associations or unions | Allows workers to form trade unions and bargain collectively. |
| Article 21 | Right to life and personal liberty | Includes the right to livelihood and a dignified life, impacting working conditions. |
| Article 23 | Prohibition of forced labour | Prevents exploitation of workers through forced labour. |
| Article 24 | Prohibition of employment of children in factories | Protects children from hazardous work. |
Recent Developments
5 developmentsImplementation of the 4 new Labour Codes is pending, facing resistance from trade unions and states over certain provisions.
Debate on the applicability of traditional labour laws to gig workers, who are often classified as independent contractors, leading to calls for new frameworks.
Increased focus on gender equality and protection against sexual harassment at the workplace, reinforced by the POSH Act 2013.
Judicial pronouncements are expanding the scope of Article 21 to include various aspects of worker welfare and dignity.
Growing demand for universal minimum wage and better enforcement of existing labour laws across all sectors.