This Article is written by Smiriti Michel Lakra, a Third-year law student of Bharath Institute of Law

The Evolution and significance of labour laws in India will be critically analysed in the article with a concentrate on important statutes like the Minimum Wags Act of 1948, the factories Act of 1948 and the Industrial Disputes Act of 1947. It will additionally look at protective law including the Maternity Benefit Act of 1961 and the sexual harassment of women at workplace Act of 2013, as well as social security under the employees provident fund act of 1952. The constitutional provision under article 14,21,39 and 43 which lay a solid foundation for worker’s rights will also be analysed in this article. Last but not the least, judicial interpretations have further broadened the ambit of fundamental rights, including dignity and equality in work places, through leading cases Bandhua Mukti Morcha v Union of India and Vishaka v State of Rajasthan. Lastly, the paper will go into the most recent Labour Law Reforms comprising new Labour Codes, which are aimed at consolidating and modernizing India's labour regulations. Through this analysis, the paper has shown the important role that labour laws have to play in conditions of work and workers' rights, while also emphasizing ongoing problems in their enforcement and adaptation to changing work character.

INTRODUCTION

Employment and labour law governs the relationship between employee and employees setting out the rights, duties and obligation of both parties. Its covers abundant aspect from wages and working conditions to health and safely, anti-discrimination, and collective bargaining. Over time, these laws have involved the balance power dynamics in the workplace, promote fairness and ensure that worker are treated with dignity.

The labour enactment in India divided into 5 broad categories viz, working condition, Industrial relation, wages, welfare and social securities. The enactments are all based upon constitution of India and the resolutions taken in ILO (International Labour Organization) connention from time to time. Employment regulation lie under the jurisdiction of India Labour. There are several state level statues in addition to the more than fifty federal legislation. India labour laws have always been rigorously enforced by the federal and state governments in an order to guarantee a high level of protection for workers.

A contract of employment must follow both the terms of application labour laws and guideline outline in the establishment standing orders, in addition to that adheres to the fundamentals of contract laws.

INDIAN LABOUR RULE CATEGORIZE INDUSTRIES INTO TWO MAIN GROUP:

1. Factory

The factories Act of 1948 ( the aforementioned) Act governs factories any industrial facility that use power to conduct manufacturing operations and employs or more people is considered a factory. [1]The aforementioned Act establishes guideline for factory workers have policies, working hours, welfare and health and safety.

The state government uses factory inspectorates to enforce the aforementioned Act. The aforementioned act gives states government the authority to establish rule and regulations to ensure that the local conditions prevailing in the state are adequately addressed in the how they are enforced.[2] The aforementioned Act places an enormous emphasis on employee welfare, health and safety. The aforementioned Act is crucial in reinforcing the regulations dealing with workplace health and safety since it establishes mandatory health assessments, legislating the hiring of safety officials and establishing committee, canteens and creches among other things in large factories.

The aforementioned Act additionally establishes emergency standards and procedures and includes specific safeguards against the application and handling of hazardons materials by workplace residents.

2. The shop and establishment act

The Shops and Establishment Act is an act of state legislation and each state has framed its own rules for the Act. The object of this Act is to provide statutory

obligation and rights employees and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act applies to all persons employed in an establishment with or Without pay, it included only the family members of employers.

This Act establishes the subsequent guidelines:

1. Hours worked each day and each week.

2. Spread-over, rest period, opening and closing hours, closed days, and other guidelines

holidays, both secular and national, overtime work.

3. Employment of women, youth, and children.

4. Policies on sick and casual leave, maternity leave, and annual leave, among others.

5. Policies about hiring and firing employees.[3]

Below are the primary laws that handle labour issues:

1. The 1948 Minimum Wage Act

2. The Act of 1946 on Industrial Employment (standing out )

3. The 1936 Payment of Wages Act

4. The 1923 Worker’s Compensation Act

5. The 1947 Industrial Disputes Act

6. The 1961 Maternity Benefit Act [4]

The 1948 Minimum wages Act

The Minimum Wages Act stipulates minimum pay for all workers in all establishment, including those that function from come in particular jobs includes in the Act’s Schedule Central and state government adjust minimum wages stated in the schedule. The Minimum Wages Act of 1948 categorized workers into three distinct groups: unskilled , semi- skilled and highly trained

The Act of 1946 on Industrial Employment (standing out)

Employers in Industrial facilities must provide legitimately recognized standing order that clearly outline the terms of employment in accordance with the industrial employment act. The Act’s Highly Model standing orders encompassed topic like termination and payment. [5]

The 1936 payment of wages Act

The 1936 Payment Wages Act provides employers the following standing obligations. Every business is primarily responsible for paying its employees wages. All employers must pay their employees on time. The employers must pay the earning in cash that is in current coin or currently notes if an employment is being terminated. The wages must be paid within the days after the termination date.

The 1923 Worker’s Compensation Act

Employers are required to provide compensation to employees for accidents that happen while they are working in compliance with the Act. The employer has thirty days from the date of the accident to provide the Commissioner with a statement explaining the facts of the worker’s death and specifying whether any compensation is necessary. In additional the employer has seven days from the incident to submit an accident report to the commissioner.[6]

The 1947 INDUSTRIAL DISPUTES ACT

Procedure for looking into and setting labor disputes in all industries Industrial, including those involving lockouts, layoffs, retrenchment and related concerns were established by the industrial dispute act of 1947. Its offers a structure for addressing and resolving the problems, disagreement and dispute between the employers and employees and also covers an undertaking carrying any business, trade, manufacture etc.[7]

MATERNITY BENEFIT ACT, 1961

The Maternity Benefit Act regulates the employment of the women in certain
establishments for a prescribed period before and after child birth and providesthe certain
other benefits. The Act does not apply to any factory or other establishment to which the
Employees State Insurance Act 1948 is applicable. Every women employee who has
who has actually worked in an establishment for a period of at least 80 days during the 12 months immediately proceeding the date of her expected delivery, is entitled to receive maternity benefits under the Act. Thus, the employer is bound to pay maternity benefits and/or medical bonus and grant maternity leave and nursing breaks.[8]

Key principle of labour and employment law

Indian labour laws incorporate a host of legislations in them. Broadly, the central and state legislation of India relate to various aspects of employment. Of prime importance are:

1.The1947 Industrial Disputes Act

Its undeniable that the Industrial Act (IDA) is essential to setting conflicts between the employers and employees. Its primary objective is to maintain industrial peace by providing efficient dispute resolution methods like conciliation, arbitration and adjudication. The IDA aims to safeguard employees from irrational employers act by balancing the interest of both parties through regulations on collective bargaining, strikes, lockouts and layoffs. Ensuring the equitable treatment for workers and preserving industrial relations harmony while concurrently providing to employers demands are made possible by its regulation.[9]

2. The Factories Act, 1948

The Factories Act provides for health, safety, and welfare measures of workers in factories. It fixes normative hours of work, extra pay for extra time, rest hours, and affords facilities for the protection of workers employed in dangerous industries. But then, it only goes to say that the principle underlying humane working conditions is basic to labor law.[10]

3. Minimum Wages Act, 1948

With this provided power, the government through this Act can stipulate the minimum wage rates for different industries to ensure that the employees are not underpaid, going below the average. It integrates one element—wages satisfactory to achieve an existence of dignity—to ensure economic security and dignity.

4.Act of 1952 Concerning Employees Provident Funds and Miscellaneous Provision

This Act protect employees financial security in the event of their retirement or incapacity to work. This fund provides the long term saving option for workers by collecting contribution from both the companies and employees. This provident funds provide the insurance and pension plans is the cornerstone of Indian social security framework.[11]

5. The 1961 Maternity Benefit Act

In India the Maternity Benefit Act 1961 was passed in order to control the length of time that women may work in specific companies prior to and following the childbirth as well as to offer maternity benefits including paid time off.

The Act’s purpose

Through the provision of comprehensive and healthful care to women and their children during their most vulnerable moments, Maternity Benefits Act seeks to uphold the dignity of motherhood. The goal is to guarantee women’s employment in the office workforce while taking care of their health. It impose the empowerment towards the working women during the maternity time.

Modification and Significant Event

The 2017 Amendment, which increase maternity leave from 12 to 26 weeks and extend benefits to adoptive and commissioning females, is a noteworthy change to the statues. In the additional it brought in regulation mandating daycare centre and allowing employee to work from home in their maternity leaves.[12]

Current Challenges and Issues

Despite positive move for women’s rights and maternity care the act has some drawback integration in smaller organization: The expense of compensating employees during extended maternity breaks make it challenging for many small and medium sized businesses to comply.

Awareness among the female employees: Specifically in unorganized industries, many women are still not completely aware about their rights.[13]

6. The 2013 Act on the Prevention, Prohibition ,and Redressal of Sexual Harassment of Women work

The POSH Act know as the Sexual Harassment of women at workplace (Prevention, Prohibition, and Redressal ) Act 2013 is an important piece of Indian legislation that addresses and prevents sexual harassment of women in the workplace. The Act offers a methods for guaranteeing a polite, safe work environment and shielding women from sexual harassment in the workplace.

Context and Goals

The Act was enacted to comply with the rules established by the Indian Supreme Court in the 1997 decision of Vishaka v. State of Rajasthan. This case was a major advancement for women's rights in India when the court ordered that procedures for handling sexual harassment allegations be in place in every workplace.
The following are the main goals of the POSH Act:
1. to stop women from being sexually harassed at work.
2. to outlaw harassment based on sexual orientation.
3. to offer a channel for concerns about sexual harassment to be addressed.[14]

RECENT DEVELOPMENT IN LABOUR AND EMPLOYMENT LAW

1. Gig economy and works in Labour and Employment law

The term “gig economy” describes a labour market that is defined by freelance, flexible, short term work that is frequently made possible by the online marketplaces like DoorDash, Upwork, and Uber, With Workers usually classed as independent contractors rather than employees, it signals considerable department from traditional employment.[15]

2. Remote work and hybrid models

Remote work and hybrid models have become fundamental components of the modern workplace, particular following the widespread changes instigated by the COVID-19 pandemic. Remote work enables employees to perform their duties and traditional office setting, often from home or any location with the help internet access. This model offers enhanced flexibility, improved work life balance and elimination of commuting, making it an attractive option for both employees and employers. Conversely, hybrid work models integrate both remote and in office work offering a structure balance.[16]

3. Equal Pay and Gender Equity

Equal pay and gender equity are elemental issues in the pursuit of fairness and equity at work. In keeping with the principle of equal pay, people who work the same or similiarly should receive an equal wage regardless of gender. Although provisions in the law exist, such as the Equal Pay Act, significant wage gaps persist, and women, and more predominantly women of color, consistently receive a lower wage for jobs considered comparable to those of their male counterparts. Equal pay goes beyond gender equity and addresses more systemic issues that prohibit women from making it up the corporate ladder. It eliminates biases in hiring, promotion, and leadership positions. Beyond equal pay, gender equity calls for supportive work environments both in the and outside of the workplace. It is essential to address these challenges to ensure a more just and productive workforce, wherein all individuals possess the opportunity to thrive, irrespective of gender.[17]

WAY FOR WARD TO CHALLENGES

Challenge and the Future Way Forward While much needed, their implementation falls into much adversity. There exists an overwhelming large informal sector in India; a big chunk of the workers remains out of the net of statutory protection. Compliance with Labour Standards in growing Gig Economy, work-based gender inequality, and social security for all categories of workers are emerging challenges before policymakers. When telecommuting and globalization are in place, that actually gives rise to newness at work and labor law must address such new challenges in protecting gig workers and the rights of the digital workforce. Moreover, it was also due to the staunch advocacy of legal practitioners in progressive interpretation of existing laws and calls for new legislation responsive to changing times. [18]

CONCLUSION

Labour and employment law is one of the evolving fields in law, which directly touches the economic and social fabrics of a nation. Being an attorney means responsibility stretching beyond litigation, standing up for justice, speaking out for fairness in labour matters, and supporting the creation of a conducive atmosphere for mutual work ethics. Labour laws are central to the aspect that ensures economic growth is not pursued at the cost of violation of workers' rights, and right at the front line in this endless fight for justice and dignity at work are the lawyers.

REFERENCES

1. https://labour.gov.in/ Industrial Disputes Act 1947 (Act No 14 of 1947).

2. https://www.ilo.org/ Factories Act 1948 (Act No 63 of 1948).

3. https://labourlawreporter.com/ Minimum Wages Act 1948 (Act No 11 of 1948).

4. https://www.lexology.com/panoramic/workplace Employees' Provident Fund and Miscellaneous Provisions Act 1952 (Act No 19 of 1952).

5. https://www.lexology.com/panoramic/workplace Maternity Benefit Act 1961 (Act No 53 of 1961).

6. https://www.barandbench.com/topic/labour-law Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (Act No 14 of 2013).

[1] The Industrial Disputes Act, 1947

[2] The Minimum Wages Act, 1948

[3] The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

[4] The Factories Act, 1948

[5] The Trade Unions Act, 1926

[6] The Contract Labour (Regulation and Abolition) Act, 1970

[7] The Payment of Gratuity Act, 1972

[8] https://www.labourlawreporter.com

[9] https://labour.gov.in

[10] https://www.ilo.org

[11] https://www.lexology.com/gtdt/workplace

[12] https://economictimes.indiatimes.com/topic/labour-laws

[13] https://www.barandbench.com/tag/labour-law

[14] Maternity Benefit Act 1961 (Act No 53 of 1961).

[15] Employees' Provident Fund and Miscellaneous Provisions Act 1952 (Act No 19 of 1952).

[16] Minimum Wages Act 1948 (Act No 11 of 1948).

[17] Factories Act 1948 (Act No 63 of 1948).

[18] Industrial Disputes Act 1947 (Act No 14 of 1947).