What is Constitutional Provisions related to Labour?
Historical Background
Key Points
12 points- 1.
Article 14 guarantees equality before the law and equal protection of the laws. This applies to labor laws as well, ensuring that all workers are treated equally.
- 2.
Article 19(1)(c) gives workers the right to form associations or unions. This is crucial for collective bargaining and protecting workers' interests.
- 3.
Article 23 prohibits forced labor (begar) and human trafficking. This ensures that workers are not subjected to slavery or exploitation.
- 4.
Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any hazardous employment. This protects children from exploitation and ensures their right to education.
- 5.
Article 39(a) directs the State to ensure that citizens, men and women equally, have the right to an adequate means of livelihood.
- 6.
Article 39(d) directs the State to ensure equal pay for equal work for both men and women. This promotes gender equality in the workplace.
- 7.
Article 41 directs the State to secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
- 8.
Article 42 directs the State to make provision for just and humane conditions of work and for maternity relief.
- 9.
Article 43 directs the State to secure a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
- 10.
Article 43A directs the State to take steps to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
- 11.
The DPSP, although not enforceable in courts, serve as guidelines for the government in formulating labor policies and laws. They reflect the social and economic goals of the Constitution.
- 12.
The Constitution also empowers the Parliament to make laws on labor matters under the Concurrent List (Schedule VII). This allows both the central and state governments to legislate on labor issues.
Visual Insights
Constitutional Provisions Related to Labour
Comparison of key constitutional articles related to labour rights.
| Article | Description | Significance |
|---|---|---|
| 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 organize and advocate for their rights. |
| Article 23 | Prohibition of forced labour | Prevents exploitation of workers through forced labour. |
| Article 24 | Prohibition of child labour | Protects children from hazardous employment. |
Recent Developments
6 developmentsThe government has consolidated various central labor laws into four Labour Codes: the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020.
The objective of these codes is to simplify and modernize labor laws, enhance transparency, and promote ease of doing business.
The implementation of these codes has been delayed due to various factors, including concerns raised by trade unions and state governments.
The recent amendment to the Industrial Relations Code, 2020, aims to address potential ambiguities and ensure legal certainty.
There are ongoing debates about the impact of these codes on workers' rights and the need for adequate social security provisions.
The Supreme Court has played a role in interpreting labor laws and upholding the constitutional rights of workers in various cases.