DELHI METROPOLITAN EDUCATION
Sector 62, NOIDA-201309
LABOUR LAW
PSDA
Evolution and Development of the Labour Laws in
India
Name: - SIDDHARTH SAJWAN
Class: - BBA LLB
Section: -B
Batch: - 2018-23
Enrollment no. : -07151103518
E-mail: - sidsajwan20@gmail.com
INTRODUCTION
Labour Law refers to laws designed to improve the conditions of workers, to protect the rights of
labour unions, as well as, to protect employers. It works as a legal weapon for the employees
against wrong and harsh treatment rendered by the employer. The historical labor laws in India
were followed since British colonialism. British political economy had a critical effect on the
early laws in India. In the initial days, there was trouble in getting Indian workers to run British
foundations, consequently, laws for binding the laborers became very important. These were the
laws that protected the interest of British employers.
Labour Policy in India has been exceptionally unique and persistently adjusting and providing a
favourable climate that suits the prerequisites of civil rights and economic development. It is
important to know the development and evolution of labour laws, to be guaranteed that any new
creating enactment or future approach isn't any struggle with the parent labour law and further
helps in advancing the destinations like modern harmony and government assistance of labours,
helping in drawing out the embodiment of the Constitution of ILO (International Labour
Organisation).
DURING BRITISH RULE
The labor laws introduced by the Britishers were mainly focused on protecting the interest of
British employers. In those early laws the economic interest of the British employers were
usually put above than any others. The Factories Act, 1883 and 1893 states that “ It was the first
labour law by British which stipulated eight hours of work, the abolition of child labour, and the
restriction of women in night employment, and the introduction of overtime wages for work beyond
eight hours.”
The government started to mediate in the employment of women and kids, just as the functioning
long periods of laborers in manufacturing plants and mines, during the 1880s. Most of the law is
the result of different government examinations. But these laws were not followed fairly and
were enforced unfairly in the working place. For instance, the Factories Act of 1881 simply
applied to production lines with at least 100 representatives utilizing electrical power. The
Factories Act of 1891 applied to production lines with at least 50 representatives in the premise.
POST-INDEPENDENCE LABOUR LAWS
After Independence, India’s labour law were transformed with the “Industrial Dispute Act,
1947”. It called for a clear partnership between labour and capital. The “Triparite Conference”
approved the purposal of the partnership. The conference included the working conditions, fair
wage system for the labour and a reward must be given to the labour in return for the peaceful
operation of the production and deelopment of national economy.
There are number of labour laws in India.-
“The Factories Act, 1948”- it consists of the laws relating to working hours, Safety,
employment conditions for women, non hostile work environment etc.
“The Minimum Wages Act, 1947”- it demands deserving wages should be paid to skilled
and unskilled labour.
“The Industrial Dispute Act, 1947”- it’s main goal is to create industrial peace between
the management and labour. The peace can be achieved by the tackling the disputes
through conciliation, arbitration and adjudication which is mentioned in this act.
“Child labour (Prohibition) Act”- in this act it is mentioned that children under the age of
14 cannot be employed in hazardous jobs.
“The Employment State Insurance Act”- it includes the workers health and protects them
from any upcoming injuries, sickness at work etc.
INDIA’S RECENT DEVELOPMENTS
National Level
The government of India established “Specified Labour Laws Rules, 2017” to maintain registers
in either electronic mode or physical mode as per the demand by the act. This reduced the
problem of the establishments and helps them to do business with ease.
“Code on Wage Bill, 2017” was introduce to regulate the wages and payments of all employment
activity whether any industry, trade, busines or manufacture is carrying out. This bill replaced 4
existing labour law, which are “The Payment of Wages Act, 1935”, “Minimum Wage Act,
1948”, “Payment of Bonus Act, 1965” and “Equal Remuneration Act, 1979”.
INTERNATIONAL
In India, Child labour was the main problem. The develpoment of laws regarding the Child
labour has been on the highest priority. ILO has accepted the decision of Indian government to
exclude 2 convention regarding child labour. To reducing the Child labour, Indian government
has taken many decisions like making shifting the minimum age of child labour from 14 to 18
years.
ILO has also invested their time in keeping check on the activities that might involve child
labour and has made necessary steps to eradicate them. Mostly in rural areas the Child labour is
on a higher level. Necessary steps were taken to keep in check with the rural areas to get rid of
Child labour.
CONCLUSION
Due to the diverse nature of Labours in Indian workplace having skilled and
unskilled labours, the laws and regulations were not considered a compulsory task
to implement. But changing time and needs demanded some important regulations
at workplace according to the time. These important changes brought Evolution of
Industrial regulation in India and also created Evolution of Labour laws in India.
Workplace harassment,Improper wages, Arbitrary demand of work, Irregular
working hours ,all this led to the making of the labour laws in India. Every person
working should have knowledge about their rights and responsibilities. It is only
when the person is allowed to make the correct use of his/ his right the
organization can grow.
“Law cannot organize labour and industry without organizing injustice.”
