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  • Read the passage and answer the question that follow. In the recent past, lawmakers have made efforts in order to simplify the numerous existin

Read the passage and answer the question that follow.

In the recent past, lawmakers have made efforts in order to simplify the numerous existing legislation pertaining to Labor Law in India. One such legislation that has been assented by the Parliament is the Code on Wages, 2019. Since there is a shortage of employment in rural areas, such workers migrate to cities. Due to their casual nature of work, this sector is often kept outside the ambit of labour laws. Minimum Wage is one such prominent aspect wherein the labour sector is witnessed to be in a disadvantageous position. To begin with, the International Labor Office defines the term “Minimum Wage” as the minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period, and which cannot be reduced by collective agreement or an individual contract.
In order to take up this issue and rebut the contentions, the objects and positions of the labour rights and laws, as it is placed in the constitution, need first to be made clear. This piece, for various other reasons, is only concerned with the “unenforceable labour rights” contained under the Constitution of India; and makes arguments in favour of the court that how they have, over the years, endeavoured to give these provisions teeth to encroach upon the state’s arbitrariness and in turn to make them follow the constitutional mandate of social welfare. So, the question of whether India should adopt – in its substance – inter alia, the right to work, the right to a living wage, and the right to equal pay for equal work should be regarded as a question of law for the reason that it is a mandate addressed to the ‘State’ under relevant provisions of the Constitution of India. Besides, Articles 38, 39, 41, 42 and 43 have a noteworthy role in labour rights and laws, deriving their origin and philosophy from the Magna Carta of international industrial jurisprudence.

Question -  Identify the correct option for the following two statements of Assertion (A) and Reasoning (R).

Assertion (A):  The Code on Wages 2019, seeks to include the workers under the unorganized sector which was earlier ousted by the Minimum Wages Act, of 1948.
Reasoning (R): The inclusion of these workers under the separate head of unorganized sector in the Code removes ambiguity in the legislation.    

 

 

Option: 1

Both (A) and (R) are correct, and (R) is the correct explanation of (A)

 


Option: 2

Both (A) and (R) are correct, but (R) is not the correct explanation of (A)


Option: 3

(A) is correct, but (R) is incorrect

 


Option: 4

(A) is incorrect, but (R) is correct

 


Answers (1)

best_answer

Various provisions of the earlier labour laws have been discriminatory as the same did not include any provision which safeguarded the rights of the workers belonging to the unorganized sector. The Code on Wages 2019 aspires to include the workers belonging to the unorganized sector within the ambit of the improved labor laws. However, the major loophole of this Code is that the unorganized sector in this Code is not per se defined or mentioned. Therefore, non-inclusion of the term may lead to ambiguity in the legislation. In addition, it will not only affect the nature and purpose of the legislation but also will negatively impact the interpretation made by the judiciary in future cases.  

 

Posted by

Shailly goel

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