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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 existing legislation pertaining to

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 - From the following, determine the specific labor law statute which has been enacted for the purpose of safeguarding the rights and interests of the workers.
(1) To rectify the inequality of bargaining power between workers and employers through trade unions.
(2) To encourage collective bargaining from a position of relative equality.

 

Option: 1

The Factories Act, 1948


Option: 2

The Industrial Disputes Act, 1947

 


Option: 3

The Trade Unions Act, 1926

 


Option: 4

 None of the above

 


Answers (1)

best_answer

Since the struggle for Independence for India, the need for incorporating special and separate rights for the labor class was realized by the Constitution makers. Considering the objects and the positions of the labor rights of the workers, the placement of such rights under the Constitution is strategically placed in its provisions. India’s main labor legislation is the Industrial Disputes Act of 1947. It contains both substantive labor rights and sets up a detailed procedure for the resolution of disputes between employers and employees. The two caveats, however, are: the disputants must be part of an industry and the rights are guaranteed to workmen.
 

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rishi.raj

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