Case study on labour law in india

Constitution and labour laws

This requires proper laws that would guarantee the welfare of workers while at the same time ensuring the accountability of the worker. The introduction of universal education for the girl child and later on the introduction of technical education for women which would equip them for better employment opportunities in the upcoming technical and software industries of the country would be a big step forward. The strike of 74 actually shows us what happens when alienation sets in and labourers who are the drivers of economic development in a country revolt against the repressive working conditions. Trade unions historically have been mediating between the employees and employers to ensure industrial harmony. Owing to this segmentation of the economy, there is the prevalence of highly unregulated casual work and agricultural work. Moreover it does not allow promising entrepreneurs to enhance employee performances so as to enhance the productivity of their firms. Further in the academic discourse there is also a recognition that women tend to concentrate in the most precarious of livelihoods. In the case of China, the history of extreme employment security compelled a complete reversal of labour policy to attract foreign capital, which was very important, as there was very little entrepreneur class within the country. A lot of times it has also been seen that the entrepreneurs or owners would bribe labour inspectors to get off the hook of the governments. The increasing suicides in the Marathwada region of Maharashtra can be perhaps explained by a new division of labour in which the huge transnational companies dictate small farmers of backward regions of the country as to what crops to grow, leading to vicious cycles of debts in which the farmer has no say whatsoever but take huge loans to get access to these expensive seeds and outputs. This is because certain important aspects of labour like that of dignity of labour, wage rate and time required to perform labour cannot be discussed merely under industrial law. The second right which functions at the collective level relates to the resolution of conflicts between the tripartite relationship of the management, the employees and the trade unions.

Central government expenditure on social sectors comprising education, health, water supply, sanitation, housing, slum development, social welfare, nutrition, rural employment and minimum basic services as a ratio to total expenditure increased from 7.

Gender Inequality and labour: Talking about inequality it is evident that as far as labour relations are concerned it has been seen that women suffer the worst kind of discrimination here.

Case study on trade union disputes

Another important act is that of the Payment of Gratuity Act of which provides gratuity or a fund as a retirement benefit for any person who has worked beyond 5 years in an establishment. Knutsen, H. There are over labour legislations including 47 labour related laws enacted by the Central government Debroy dealing with industrial relations, social security, industrial safety and health, child and women labour, minimum wages and bonus, labour welfare, emigration, employment exchange and miscellaneous issues. The chapter 5 of this law states that any entrepreneur wishing to fire an employee or worker has to take the approval of the government. The reforms that weren't. Consequently there was the introduction of the Vishakha Guidelines which stated the legal procedure to lodge complaints against sexual complaints and harassments faced by women in their workplaces. Also women who work in other non recognized establishments such as beauty parlours or spas are denied of these benefits as most of these establishments might not even have an operating license.

Table-5 indicates that the growth in wages was very high across industries in the pre-reforms period than in post- reforms period. The study by Besley and Burgress based on state level panel data for the period exploits two important facts: a labour regulation only applies to the registered manufacturing sector and b the Indian constitution empowers the state governments to amend central legislation.

trade union case study pdf

Consequently, the share of organised manufacturing in employment increased from 4. In the present times, the labour market in India is characterized by the dual existence of the formal and informal sector. Can the above mentioned laws be used to abolish something as harmful as the Sumangali scheme?

Growth of labor legislation in india

Even the ones that claim to protect the interests of the people working in the informal sector. They would like better opportunities and more remunerative employment in rural areas. Formal sector employees might have grown more rapidly and been more mobile, and the benefits of more formal employment shared across a larger number of employees, including women, who have been unable to participate fully in the labour market. Wide gender disparities also exist in India with regard to economic, health and educational attainment. Existing laws also have a lot of problems. But it has made redistribution of surplus within the Chinese enterprises biased in favour of employers Ostrovisky Globalization and international division of labour: Two concepts— one debate?

Historically there has been a tendency to devalue the labour of women no matter how strenuous and time taking the work is.

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Case Study: India Labor Law Expert