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Industrial Jurisprudence Development, Significance and Types of Labour Law
-Monica Rani Visiting Faculty
Inequality Initially, in mid 19th century the employers used to exploit the employees for profiteering. The working class were facing underpayment, over-work, child labour, women workers’ exploitation, lack of basic facilities and hygiene, etc.
Employer (Holds capital and therefore is loaded with money-power) v Employee (Has labour, without money he/she cannot even be alive.)
Employer is mostly resourceful wherein Employee is resource-less.
Industrial peace Industrial peace was needed as there was need of balance between:
Interest of workers/employees and interest of society.
Interest of workers/employees and interest of employer.
Concern of workers
To deal with the imbalance the workers were required to be provided with certain powers; like:
Freedom of association (to unite and have collective bargaining)
Freedom of assembly (to demonstrate)
Freedom of expression
Job security and safety, and
Access to social securities.
Most important concern was to go for strike (for raising their valid concern and demands).
Trade Unionism in India:
In 1851 first factory was established.
In 1875 first factory commission was established.
In 1881 Factories Act was passed. (it did not provide for prohibition of child labour or regulation of women labour)
In 1884 second factory commission was established which took note of representation of workers.
In 1890 first labour association Bombay Millhand Association was established.
Strikes were illegal during that era. Still, the workers went for it and it helped in improving their working conditions.
In 1921 Buckingham and Carnatic Mills the labour association of workers went for strike and when the complaint was made and case was heard, the High Court of Madras decided that the strike was illegal and the workers were even punished for their crime of conspiracy.
Afterwards, the movement for labour rights and trade unionism went strong.
Phases of labour struggle in India Thus, the struggle of the workers could be divided into three phases:
First phase (1875-1919) saw slow growth of Trade Union movement under the guidance of social reformers and philanthropist.
Second phase (1919-1947) was the era of militant trade unionism.
Third phase (1947-1970) saw greater participation of workers. It was for planned economic development, sharing power and responsibility.
Post 1990s after liberalization elitist growth and marginalization of poor workers has been trend due to liberalization.
Employment laws v Labour Laws
Employment Laws cover broader area than labour laws in the sense that employment laws cover all the areas of employer/employee relationship except the negotiation process covered by labour law and collective bargaining.
Labour Laws harmonize many angles of the relationship between trade unions, employers and employees.
Types of Labour Law Eight categories: 1.
Laws related to Industrial Relations
2.
Laws related to Wages
3.
Laws related to Specific Industries
4.
Laws related to Equality and Empowerment of Women
5.
Laws related to Deprived and Disadvantaged Sections of the Society
6.
Laws related to Social Security
7.
Laws related to Employment and Training
8.
Others
Laws related to Industrial Relations:
The Trade Unions Act, 1926
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
The Industrial Disputes Act, 1947
Laws related to Wages:
The Payment of Wages Act, 1936 & The Payment of Wages Rules, 1937.
The Minimum Wages Act, 1948 & Minimum Wages (Central) Rules, 1950
The Payment of Bonus Act, 1965
The Payment of Bonus Rules, 1975
The Working Journalist (Fixation of Rates of Wages) Act, 1958 and Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
Laws related to Specific Industries; like:
The Factories Act, 1948
The Dock Workers (Regulation of Employment) Act, 1948
The Plantation Labour Act, 1951
The Mines Act, 1952
Laws related to Equality and Empowerment of Women
The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition & Regulation) Act, 1986
Laws related to Social Security
The Workmen’s Compensation Act, 1923
The Employees’ State Insurance Act, 1948
The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Payment of Gratuity Act, 1972
Laws related to Employment & Training
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
The Apprentices Act, 1961
Others Labour Welfare Legislations:
The Fatal Accidents Act, 1855
The Public Liability Insurance Act, 1991
The Weekly Holiday Act, 1942
The National and Festival Holidays Act
The Personal Injuries (Emergency) Provisions Act, 1962
The Personal Injuries (Compensation Insurance) Act, 1963
The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988
-Monica Rani Visiting Faculty
Inequality Initially, in mid 19th century the employers used to exploit the employees for profiteering. The working class were facing underpayment, over-work, child labour, women workers’ exploitation, lack of basic facilities and hygiene, etc.
Employer (Holds capital and therefore is loaded with money-power) v Employee (Has labour, without money he/she cannot even be alive.)
Employer is mostly resourceful wherein Employee is resource-less.
Industrial peace Industrial peace was needed as there was need of balance between:
Interest of workers/employees and interest of society.
Interest of workers/employees and interest of employer.
Concern of workers
To deal with the imbalance the workers were required to be provided with certain powers; like:
Freedom of association (to unite and have collective bargaining)
Freedom of assembly (to demonstrate)
Freedom of expression
Job security and safety, and
Access to social securities.
Most important concern was to go for strike (for raising their valid concern and demands).
Trade Unionism in India:
In 1851 first factory was established.
In 1875 first factory commission was established.
In 1881 Factories Act was passed. (it did not provide for prohibition of child labour or regulation of women labour)
In 1884 second factory commission was established which took note of representation of workers.
In 1890 first labour association Bombay Millhand Association was established.
Strikes were illegal during that era. Still, the workers went for it and it helped in improving their working conditions.
In 1921 Buckingham and Carnatic Mills the labour association of workers went for strike and when the complaint was made and case was heard, the High Court of Madras decided that the strike was illegal and the workers were even punished for their crime of conspiracy.
Afterwards, the movement for labour rights and trade unionism went strong.
Phases of labour struggle in India Thus, the struggle of the workers could be divided into three phases:
First phase (1875-1919) saw slow growth of Trade Union movement under the guidance of social reformers and philanthropist.
Second phase (1919-1947) was the era of militant trade unionism.
Third phase (1947-1970) saw greater participation of workers. It was for planned economic development, sharing power and responsibility.
Post 1990s after liberalization elitist growth and marginalization of poor workers has been trend due to liberalization.
Employment laws v Labour Laws
Employment Laws cover broader area than labour laws in the sense that employment laws cover all the areas of employer/employee relationship except the negotiation process covered by labour law and collective bargaining.
Labour Laws harmonize many angles of the relationship between trade unions, employers and employees.
Types of Labour Law Eight categories: 1.
Laws related to Industrial Relations
2.
Laws related to Wages
3.
Laws related to Specific Industries
4.
Laws related to Equality and Empowerment of Women
5.
Laws related to Deprived and Disadvantaged Sections of the Society
6.
Laws related to Social Security
7.
Laws related to Employment and Training
8.
Others
Laws related to Industrial Relations:
The Trade Unions Act, 1926
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
The Industrial Disputes Act, 1947
Laws related to Wages:
The Payment of Wages Act, 1936 & The Payment of Wages Rules, 1937.
The Minimum Wages Act, 1948 & Minimum Wages (Central) Rules, 1950
The Payment of Bonus Act, 1965
The Payment of Bonus Rules, 1975
The Working Journalist (Fixation of Rates of Wages) Act, 1958 and Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
Laws related to Specific Industries; like:
The Factories Act, 1948
The Dock Workers (Regulation of Employment) Act, 1948
The Plantation Labour Act, 1951
The Mines Act, 1952
Laws related to Equality and Empowerment of Women
The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition & Regulation) Act, 1986
Laws related to Social Security
The Workmen’s Compensation Act, 1923
The Employees’ State Insurance Act, 1948
The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Payment of Gratuity Act, 1972
Laws related to Employment & Training
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
The Apprentices Act, 1961
Others Labour Welfare Legislations:
The Fatal Accidents Act, 1855
The Public Liability Insurance Act, 1991
The Weekly Holiday Act, 1942
The National and Festival Holidays Act
The Personal Injuries (Emergency) Provisions Act, 1962
The Personal Injuries (Compensation Insurance) Act, 1963
The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988
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