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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 - Which among the following has been incorporated by the Code on Wages, 2019, which was lacking in the earlier labour laws?

 

Option: 1

Degree of danger and hazardousness of an activity is considered while fixing the amount of minimum wages.


Option: 2

The main factor for fixing the minimum wages for the worker is the nature of the occupation that such worker is involved with.

 


Option: 3

All of the above

 


Option: 4

None of the above


Answers (1)

best_answer

As per the Code, the minimum wage shall be fixed by taking skills and/or geography as one of the main factors. With the introduction of this provision of the Code, the fixation of the minimum wages on the basis of the factor of occupation has been abolished. In addition to these factors, the government may consider the degree of danger and hazardousness of an activity, in order to fix the amount of the minimum wage. However, these factors for fixation of minimum wages have been widely criticized by various scholars.

 

Posted by

SANGALDEEP SINGH

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