Labour Rights and Protections

Unit 3: Labour Rights and Protections

Labour rights and protections are fundamental to ensuring the dignity, safety, and welfare of workers. In India, these rights are enshrined in various laws, regulations, and constitutional provisions. This unit delves into the specific rights accorded to workers, the role and functions of trade unions, and the particular provisions made for women and child labour.

1. Workers’ Rights

 Right to Fair Wages

1. Minimum Wages Act, 1948:

The Minimum Wages Act mandates that employers pay workers at least the minimum wage fixed by the government. These wages are determined by considering factors like the cost of living, the type of work, and regional differences. The Act empowers both central and state governments to set and revise minimum wages periodically. Employers are prohibited from paying less than the minimum wage, and any such underpayment is deemed illegal.

Key Provisions:

• Fixation of Minimum Wages: The government fixes minimum wages for different employments, specifying time rates, piece rates, and overtime rates.
• Revision of Wages: Wages must be reviewed and revised at intervals not exceeding five years.
• Penalties:  Non-compliance can lead to penalties, including fines and imprisonment.

2. Payment of Wages Act, 1936:

This Act ensures timely payment of wages without unauthorized deductions. It applies to workers earning below a certain wage threshold. The Act mandates that wages must be paid on time (the 7^th day after the last day of the wage period for establishments employing fewer than 1,000 workers, and the 10^th day for larger establishments) and without any illegal deductions.

Key Provisions:

• Timely Payment: Wages must be paid promptly, usually monthly.
• Deductions: Only authorized deductions (such as for fines, absence from duty, and provident fund contributions) are permitted.
• Penalties: Employers who fail to comply can be prosecuted and fined.

3. Equal Remuneration Act, 1976:

The Act ensures equal pay for men and women performing the same or similar work, aiming to eliminate gender-based wage discrimination. It mandates that employers pay equal remuneration to male and female workers for similar work and prohibits discrimination in recruitment and conditions of service.

Key Provisions:

• Equal Pay: Employers must provide equal remuneration for similar work.
• Non-Discrimination: Discrimination in hiring, training, promotion, and transfers based on gender is prohibited.
• Complaints and Penalties: Workers can file complaints against employers violating the Act, leading to penalties.

 Right to Safe Working Conditions

1. Factories Act, 1948:

The Factories Act is a comprehensive legislation that outlines provisions to ensure the health, safety, and welfare of workers in factories. It covers aspects such as working hours, safety measures, health requirements, welfare provisions, and special provisions for young persons and women.

Key Provisions:

• Health: Cleanliness, disposal of wastes, ventilation, and adequate lighting.
• Safety: Fencing of machinery, maintenance of building safety, provision of protective equipment.
• Welfare: Facilities for washing, sitting, first-aid, and crèches for children.
• Working Hours: Limits on working hours, provision for rest intervals, and weekly holidays.

2. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996:

This Act addresses the working conditions of construction workers, providing for their safety, health, and welfare. It mandates the establishment of welfare boards and stipulates safety measures to protect workers in the construction industry.

Key Provisions:

• Registration: Mandatory registration of construction workers.
• Welfare Boards: Establishment of welfare boards to provide benefits like pensions, loans, and accident cover.
• Safety Measures: Implementation of safety norms and protective gear to prevent accidents.

3. Occupational Safety, Health and Working Conditions Code, 2020:

This recent legislation consolidates various laws relating to occupational safety, health, and working conditions. It aims to streamline compliance, ensure a safe working environment, and extend coverage to a larger number of workers.

Key Provisions:

• Consolidation: Combines 13 labourlaws into a single code.
• Coverage: Extends to all establishments employing 10 or more workers.
• Worker Safety: Mandates safety measures, health provisions, and welfare amenities.

Right to Social Security and Benefits

1. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952:

This Act provides for the institution of provident funds, pension funds, and deposit-linked insurance schemes for employees. It ensures financial security for workers post-retirement and during contingencies like illness and disability.

Key Provisions:

• Provident Fund: Employers and employees contribute to a provident fund, which is accessible upon retirement or during specified contingencies.
• Pension Scheme: Provides for a monthly pension to employees after retirement.
• Deposit-Linked Insurance: Offers life insurance benefits to employees.

2. Employees’ State Insurance Act, 1948:

The Act provides comprehensive social security coverage to employees, including medical care, sickness benefits, maternity benefits, disability benefits, and dependents’ benefits.

Key Provisions:

• Medical Benefits: Full medical care to insured persons and their families.
• Sickness Benefits: Periodic payments during medical leave.
• Maternity Benefits: Cash benefits for women during maternity leave.
• Disability and Dependents’ Benefits: Financial support in case of employment injury or death.

3.  Payment of Gratuity Act, 1972:

This Act entitles employees to gratuity payments upon completion of a certain period of service. It serves as a form of retirement benefit, ensuring financial stability for workers.

Key Provisions:

• Eligibility: Employees who have completed at least five years of continuous service.
• Calculation: Gratuity amount is calculated based on the employee’s last drawn salary and years of service.
• Payment: Gratuity must be paid within 30 days of the employee becoming eligible.

2.  Women and Child Labor

1.  Maternity Benefits Act, 1961

The Maternity Benefits Act provides for maternity leave and other benefits to women employees. It aims to protect the health of women workers and their children by ensuring job security and financial support during maternity.

Key Provisions:

• Maternity Leave:  Women are entitled to 26 weeks of maternity leave, of which up to 8 weeks can be taken before the expected delivery date. In case of a miscarriage, a woman is entitled to 6 weeks of leave.
• Maternity Benefits: Women are entitled to receive their average daily wage during the period of maternity leave. This ensures financial stability during the leave period.
• Medical Bonus: If no pre-natal or post-natal care is provided by the employer, the woman is entitled to a medical bonus.
• Nursing Breaks: After returning to work, women are entitled to two nursing breaks each day until the child is 15 months old.
• Protection Against Dismissal: Employers cannot dismiss or discharge a woman during her maternity leave period.

2. Child Labour(Prohibition and Regulation) Act, 1986

The Child LabourAct prohibits the employment of children below 14 years in hazardous occupations and regulates the working conditions of children in non-hazardous occupations. It aims to protect children from exploitation and ensure their right to education and development.

Key Provisions:

• Prohibition of Employment: Employment of children in hazardous occupations, such as mining, construction, and manufacturing, is strictly prohibited.
• Regulation of Working Conditions: For non-hazardous occupations, the Act prescribes regulations on working hours, rest intervals, and working conditions to ensure the safety and welfare of child workers.
• Penalties: Employers violating the provisions of the Act are subject to fines and imprisonment.

3. Child and Adolescent Labour (Prohibition and Regulation) Act, 2016:

This Act amended the original legislation to further restrict child labourand prohibit the employment of adolescents (14-18 years) in hazardous occupations. It also includes provisions for the rehabilitation and education of child laborers.

Key Provisions:

• Prohibition of Child Labor:  Complete prohibition of employment of children below 14 years in any occupation or process.
• Adolescent Labor: Prohibition of employment of adolescents in hazardous occupations and processes.
• Rehabilitation: Provision for the establishment of rehabilitation and welfare funds for child laborers.
• Education:  Emphasis on ensuring that children are not employed and are able to attend school.

3.  Provisions for Women Workers

1. Equal Employment Opportunities:

Various laws and policies promote equal employment opportunities for women and prohibit gender discrimination in hiring, promotion, and remuneration. These measures aim to create a level playing field and encourage the participation of women in the workforce.

Key Provisions:

• Non-Discrimination: Employers are prohibited from discriminating against women in hiring, training, promotion, and remuneration.
• Equal Opportunities: Initiatives to promote equal opportunities for women in all sectors and at all levels of employment.

2. Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

The Act provides a framework for preventing and addressing sexual harassment at the workplace. It mandates the establishment of Internal Complaints Committees (ICCs) in organizations to handle complaints and ensure a safe working environment for women.

Key Provisions:

• Prevention: Employers are required to take measures to prevent sexual harassment at the workplace.
• Complaints Mechanism: Establishment of ICCs to handle complaints of sexual harassment.
• Redressal: Timely and effective redressal of complaints, with penalties for offenders.

3. Crèches and Childcare Facilities:

Certain laws, such as the Factories Act and the Mines Act, mandate the provision of crèche facilities for the children of women workers. This ensures that women can balance their work and childcare responsibilities effectively.

Key Provisions:

• Crèche Facilities: Employers must provide crèche facilities for children below six years of age when a certain number of women workers are employed.
• Accessibility: Crèches must be easily accessible and properly equipped to ensure the well-being of children.

Conclusion

Labour rights and protections in India are designed to safeguard the interests of workers, promote fair treatment, and ensure safe and healthy working conditions. Through various laws and regulations, the government aims to create an equitable work environment where workers’ rights are respected, and their welfare is prioritized. The active role of trade unions, comprehensive legal provisions for women and child labor, and ongoing reforms contribute to a dynamic and evolving labourlandscape in India.