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Labor laws in India focus on regulation of employment conditions and labor rights. Typically, labor laws regulate the employee-employer relationships as its primary purpose is to protect the interests of the workers.
Labor laws can be divided into two major categories. The first category includes the laws that define the relationship between employee, employer and trade unions. The second category comprises of laws related to legal rights of employees at work. Labor laws were enforced to address demands of workers for better work conditions, wages, working hours, settlement of industrial disputes and protection of employee’s rights.
The first National Labour Commission 1929, had promised lot in the direction of social security, social welfare, wages, social insurance, industrial relations, industrial adjudication, collective bargaining etc,. After the gap of almost 72 years the Second National Labour Commission has been constituted and submitted its report in the year 2002 to the Government of India.
the Government of India had set up the Committee on Labour Welfare to review the functioning of welfare schemes in industrial establishments, mines and plantations and make recommendations about the improvements needed in their functioning. The Directive Principles of State Policy in our Constitution refer generally to the promotion of the welfare of the people. These Directive Principles provide:
a. for securing the health and strength of employees, men and women;
b. that the tender age of children are not abused;
c. that citizens are not forced by economic necessity to enter avocations unsuited to their age
or strength;
d. just and humane conditions of work and maternity relief are provided; and
e. that the Government shall take steps, by suitable legislation or in any other way, to secure
the participation of employee in the management of undertakings, establishments or other
organisations engaged in any industry.
I. Welfare and amenities within the precincts of the establishment
(1) Latrines and urinals, (2) washing and bathing facilities, (3) crèches, (4) rest shelters and canteens, (5)
arrangements for drinking water, (6) arrangements for prevention of fatigue, (7) health services including
occupational safety, (8) administrative arrangement within a plant to look after welfare, (9) uniforms and
protective clothing and (10) shift allowance.
II. Welfare outside the establishment
(1) Maternity benefit, (2) social insurance measures including gratuity, pension, provident fund and
rehabilitation, (3) benevolent funds, (4) medical facilities including programmes for physical fitness and
efficiency, family planning and child welfare, (5) 'education facilities including adult education, (6) housing
facilities, (7) recreation facilities including sports, cultural activities, library and reading room, (8) holiday homes
and leave travel facilities, (9) workers' cooperatives including consumers' cooperative stores, fair price shops
and cooperative thrift and credit societies, (10) vocational training for dependants of workers, (11) other
programmes for the welfare of women, youth and children and (12) transport to and from the place of work.
gardens under the purview of the Act.
10.20 The relevant welfare amenities contained in the various enactments are as recorded below:
(i) Factories.—The Act makes it obligatory on- the employer to provide:
1. Cool clean drinking water, latrines and urinals, and washing and bathing facilities.
2. One first-aid box for every 150 employees.
3. Canteen in establishments which employ more than 250 workers.
4. Rest shelters or rest rooms and a suitable lunch room in all establishments employing 150 workers or more.
5. Creche in factory establishments employing more than 50 women.
) Mines.—Provisions for drinking water, conservancy, first-aid (including a first-aid room in every mine,
wherein more than 150 persons are employed) and creche (in every mine employing women) have been laid
down in the Act. The Mines rules provide that (i) an ambulance room shall have to be maintained under the
charge of a qualified medical practitioner assisted by qualified staff at every mine employing 500 or more
persons; (ii) shelters shall be constructed for taking food and rest at every mine employing 150 or more persons
on any one day of the previous calendar year, as also near loading places, workshops or open cast workings in
mines employing 25 or more persons; and (iii) a canteen is to be provided in every mine having 250 or more
persons.
(iii) Plantations.—Drinking water, conservancy, medical facilities, canteen, creche, recreational facilities, and
provision of umbrellas, blankets and raincoats have been made statutory. A canteen has to be set up on
plantations with 150 workers or more and a creche where 50 or more women are employed.
(iv) Ports and Docks.—Certain welfare facilities are provided to workers in ports and docks under the Dock
Workers (Safety, Health and Welfare) Scheme, 1961 which applies to all major ports and docks in the country.
Housing, education and recreation facilities are provided to port workers by the Port Trusts with the help of the
Port Trust Employees' Welfare Funds. All the Dock Labour Boards have constituted Labour Welfare Funds to
provide amenities, including medical and recreation facilities, to dock workers. Welfare facilities to workers
employed in the workshops located in port areas are provided under the Factories Act, 1948.
39. Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy
towards securing.—
(a) that the citizens, men and women equally have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to
subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of
production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(c) that the health and strength of workers, men and women, and the tender age of children are not abused and
that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that childhood and youth are protected against exploitation and against moral and material abandonment.
.
41. Right to work, to education and to public assistance in certain cases.—The State shall, within the limits
of its economic capacity and development, make effective provision for securing the right to work, to education
and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
12. Provision for just and humane conditions of work and maternity relief.—The State shall make provision
for securing just and humane conditions of work and for maternity relief.