Labour Law Update: Rights at Work in India

The Indian labour market is governed by a complex web of laws, making it a challenging terrain for both employers and employees. As we navigate the intricacies of labour law, it's essential to understand the key amendments and landmark cases that have shaped the landscape.

The Right to Work: Article 21 in Labour Law

The concept of the right to work is deeply rooted in Article 21 of the Indian Constitution, which guarantees life and personal liberty. In the landmark case of Olga Tellis v. Bombay Municipal Corporation (1986), the Supreme Court held that access to shelter and livelihood is an integral part of the right to life. This ruling has far-reaching implications for labour law, emphasizing the need to protect the rights of workers. The Factories Act, 1948 is a significant statute that regulates the working conditions of factory workers. Section 2(k) defines a factory as any premises where power-driven machinery is used, employing more than 10 workers. The Act mandates a range of provisions, including regular working hours, leave, and compensation.

Protecting the Rights of Workers: Key Amendments

The Indian labour market has undergone significant changes in recent years, with the government introducing several amendments to labour laws. The Code on Occupational Safety, Health and Working Conditions, 2020 consolidates existing laws, providing a comprehensive framework for workplace safety and health. The Code introduces provisions such as the establishment of a National Occupational Safety, Health and Working Conditions Code Authority. The Code on Social Security, 2020 aims to provide social security to all workers, including those in the unorganised sector. The Code mandates the creation of a National Social Security Fund, which will provide benefits such as pension, health insurance, and maternity benefits.

Labour Law in the Digital Age

The rise of the gig economy has created new challenges for labour law. The Platform Workers (Regulation of Employment and Promotion of Social Security) Act, 2020 aims to regulate the working conditions of platform workers, including those engaged in online delivery and ride-hailing services. The Act introduces provisions such as the establishment of a Platform Workers' Authority and the creation of a social security fund for platform workers. As the Indian labour market continues to evolve, it's essential to stay up-to-date with the latest amendments and landmark cases. By understanding the complexities of labour law, we can work towards creating a fairer and more equitable workplace for all.