Labour Laws

UNIT – I:
Historical Perspective on Labour and Labour Legislation –

The historical perspective on labor and labor legislation is essential for understanding
the evolution of labor law and the rights and protections afforded to workers. The
development of labor laws has been shaped by social, economic, and political factors, as
well as the struggles of workers for better working conditions and fair treatment. Here's
a broad overview of the historical perspective on labor and labor legislation:

1. Early Industrialization (18th-19th centuries):

• The Industrial Revolution marked a significant shift from agrarian
economies to industrialized societies.
• Factories emerged, and the demand for labor increased, leading to the rise
of wage labor.
• Poor working conditions, long hours, child labor, and exploitation were
widespread.
2. Formation of Labor Movements (19th century):
• Workers began to organize and form trade unions to advocate for better
working conditions, higher wages, and shorter working hours.
• Early labor movements faced significant opposition from employers and
governments, often resulting in strikes and protests.
3. Early Labor Legislation (19th century):
• Governments responded to labor unrest by enacting some initial labor
laws.
• Examples include Factory Acts in the United Kingdom, which sought to
regulate working conditions, hours, and child labor in factories.
4. International Labor Organization (ILO) (1919):
• The aftermath of World War I led to the establishment of the International
Labor Organization, a specialized agency of the United Nations.
• The ILO aimed to set international labor standards and promote social
justice and fair labor practices.
5. Post-World War II Era:
• The post-war period saw the recognition of workers' rights as a
fundamental aspect of social policy.
 • Many countries implemented social welfare programs, including labor laws
addressing collective bargaining, minimum wages, and workplace safety.
6. Civil Rights Movement (mid-20th century):
• In addition to economic concerns, labor movements became intertwined
with broader social justice movements, such as the civil rights movement
in the United States.
• Labor laws started addressing issues of discrimination in the workplace.
7. Globalization (late 20th century):
• The latter half of the 20th century saw increased globalization and changes
in the nature of work.
• Labor laws adapted to address issues such as outsourcing, temporary
employment, and the gig economy.
8. Contemporary Challenges (21st century):
• The 21st century brought new challenges, including the rise of digital
platforms and the gig economy.
• Labor laws are continually evolving to address issues like remote work,
non-traditional employment relationships, and the protection of workers
in the digital age.
Throughout history, the development of labor laws has been a dynamic process, shaped by
societal changes, economic transformations, and the ongoing struggles of workers for fair
treatment and better working conditions. It reflects a constant negotiation between the interests
of employers, employees, and society as a whole.

Labor Laws in India

Labor Laws in India can be further divided into:

1-During the British raj

The laws were incorporated to benefit the prospects of the business and to
adhere to certain norms established by the International Labour Organization.
Here is a list of laws passed during that time:

Factories Act, 1883 – This Act was incorporated by the British to fix certain
working conditions such as 8 hours of working hours, the prohibition of women
in night employment, and the abolition of child labour. This Act also stipulated
for overtime wages,

• Trade Disputes Act, 1929– This Act was passed to regulate the
relations between the employer, employees, and the unions of
 employees. Provisions were inculcated to curb the rights of unions to
conduct strikes and of employers to declare a lockout. This was done to
make sure industrial progress is not halted.

2-After Independence
Independent India was formed on the idea of social justice. Following are
certain enactments keeping in mind the larger objective:

• Factories Act, 1948 – This Act deals with provisions such as working
hours, safety, and safety of women workforce.

• Minimum Wages Act, 1948 – This Act ascertains the minimum wages
that have to be paid to skilled and unskilled workers. The minimum
wages have to be proportional to the work undertaken.

• Industrial Disputes Act, 1947 – This is one of the most

important legislations that intends to promote industrial peace and
harmony and to promote growth. This piece of legislation intends to
solve industrial disputes through arbitration and adjudication.
• Child Labor Prohibition Act- This Act was brought in to fulfil the
constitutional objective to prevent exploitation. The act prevents
children below 14 years old from being employed in hazardous jobs.

Meaning and Essence of Labour Law:

"Labour legislation (also known as employment law or labour law) is the body of laws, administrative
rulings, and precedents which addresses the legal rights of, and restrictions on, working people and
their organizations. As such, it mediates many aspects of the tripartite relationship between trade,
unions, employers and employees. In other words, Labour law defines the rights and obligations as
workers, union members and employers in the workplace. The law relating to labour and
employment in India is primarily known under the broad category of "Industrial Law". Labour
Legislation is one of the most progressive and dynamic instruments for achieving socioeconomic
progress."[i]

Labour Laws in India are also known as Industrial Laws the basic definition of Labour Law can be
determined as "the varied body of law applied to such matters as employment, remuneration,
conditions of work, trade unions, and industrial relations."

Objectives of Labour Laws

Labour laws have their roots in the Industrial Revolution, a time when industrialization and the
organisation of labour underwent enormous changes. During this period, there was social
discontent as a result of the difficult working conditions, long hours, poor pay, and exploitation
of employees, and labour groups began to arise.
Governments adopted legislation to safeguard employees' rights and improve working
conditions in reaction to these problems, giving birth to contemporary labour laws.
Labour laws have several key objectives:
Workers' basic rights, such as the right to a living wage, secure working conditions, freedom
from harassment and discrimination, and the ability to organise and engage in collective
bargaining, are protected by labour laws.
Ensuring Social Justice: These laws aim to create a power balance between employers and
workers, preventing worker exploitation and promoting social justice in the workplace.
Economic Development: Fair employment practises established by labour regulations help to
maintain productive workplaces and boost economic development. They level the playing field
for companies and promote an atmosphere that is favourable to investment.
Upholding Industrial Peace: Labour laws seek to avoid and settle labour disputes, encourage
collaboration between companies and workers, and maintain a positive workplace culture. They
provide procedures for settling disputes via mediation, arbitration, or conciliation.

Origin of labour law -

The origin of labor legislation is deeply rooted in the historical struggle to liberate the working
class from the harsh conditions imposed by aggressive capitalism. The conflict between capital
and labor, marked by unequal bargaining power, prompted the need for protective laws.

Several factors influenced the development of labor laws:

1. Early Industrial Society of Exploitation:

• The excesses of early industrialism during the Industrial Revolution
included long working hours, child labor, unhygienic conditions, and low
pay.
• The community's response to these abuses led to the emergence of early
labor laws, such as the Factories Acts, aimed at protecting vulnerable
workers.
2. Effects of Recent Events:
• Ideas from philosophers like Rousseau, J.S. Mill, and events like the French
and Russian Revolutions influenced thought processes and expedited the
development of labor laws.
• Global wars highlighted the importance of workers, encouraging them to
demand better working conditions to support wartime efforts.
3. Development of Trade Unions:
 • The trade union movement, a product of the industrial revolution, played a
crucial role.
• Trade unions advocated for laws governing wages, work hours,
compensation, social security, and industrial dispute resolution, influencing
the development of labor laws.
4. Rise of Revolutionary Ideas, Including Socialist Ideas:
• Marxist analysis exposed the exploitation inherent in the capitalist economic
system, advocating for its destruction.
• The spread of revolutionary ideas prompted conservative circles to offer labor
laws as a countermeasure, embracing them as a defense against radical
ideologies.
• The development of socialist and communist parties, international movements,
and societies like the Fabian Society contributed to the push for progressive labor
laws.
Classification of Labour Laws
• Labour laws can be classified into three categories: industrial relations
laws, laws on working conditions, and laws for labour welfare and social
security.
• Industrial relations laws cover issues such as collective bargaining,
dispute resolution, and the formation of trade unions.
• Laws on working conditions cover issues such as occupational health
and safety, working hours, and leave entitlements.
• Laws for labour welfare and social security cover issues such as
workers’ compensation, pension schemes, and social security benefits.