{"id":13849,"date":"2022-07-16T16:23:30","date_gmt":"2022-07-16T10:53:30","guid":{"rendered":"https:\/\/www.aapkaconsultant.com\/blog\/?p=13849"},"modified":"2022-07-16T16:24:21","modified_gmt":"2022-07-16T10:54:21","slug":"labour-law-ordinances","status":"publish","type":"post","link":"https:\/\/thelegalshots.com\/blog\/labour-law-ordinances\/","title":{"rendered":"<strong>Labour Law Ordinances<\/strong>"},"content":{"rendered":"\n<p><strong><u>Introduction<\/u><\/strong><\/p>\n\n\n\n<p>Labour is the backbone of any nation. They work and contribute to building a country\u2019s economy. Even in hard times, Labourers work effortlessly for the industry and their employer. The law of the nation decides the working hours and wages of Labour.<\/p>\n\n\n\n<p>In India, the British introduced Labour laws after industrialization. After independence, the Indian government formulated other Labour laws. They are in consonance with the Indian Constitution.<\/p>\n\n\n\n<p>However, the recent COVID lockdown changed the whole idea of Labour laws. States were free to make any law for industrial workers. Labour laws were relaxed. As a result, the protection they offered also faded away. Let\u2019s find out the provisions of Labour law ordinances of different states.<\/p>\n\n\n\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<div class=\"jeg_video_container jeg_video_content\"><iframe loading=\"lazy\" title=\"Labour Laws \u092e\u0947\u0902 \u0938\u0930\u0915\u093e\u0930 \u0915\u0940 \u092e\u0928\u092e\u093e\u0928\u0940, Know about the new Labour Law Ordinances | LegalSHOTS\" width=\"500\" height=\"281\" src=\"https:\/\/www.youtube.com\/embed\/V1crseXeK-E?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" allowfullscreen><\/iframe><\/div>\n<\/div><\/figure>\n\n\n\n<p><strong><u>Meaning and context<\/u><\/strong><\/p>\n\n\n\n<p><strong>Employees<\/strong><\/p>\n\n\n\n<p>Those who work in an industry, for someone else.<\/p>\n\n\n\n<p><strong>Employer<\/strong><\/p>\n\n\n\n<p>Employees work for him. He owns the industry.<\/p>\n\n\n\n<p><strong>Industry<\/strong><\/p>\n\n\n\n<p>Manufacturers\/producers indulge in the primary activity of production of goods and services. The place of such production is industry.<\/p>\n\n\n\n<p><strong>Labour laws<\/strong><\/p>\n\n\n\n<p>The laws relating to the right and responsibilities of Labour and the relationship between employer and employee.<\/p>\n\n\n\n<p><strong>7<sup>th<\/sup> schedule of the Indian Constitution<\/strong><\/p>\n\n\n\n<p>It enumerates 3 types of lists, containing different subjects under the state and central government\u2019s jurisdiction.<\/p>\n\n\n\n<p>Union List<\/p>\n\n\n\n<p>Matter over which Central government makes laws.<\/p>\n\n\n\n<p>State List<\/p>\n\n\n\n<p>Matter over which State governments make laws.<\/p>\n\n\n\n<p>Concurrent List<\/p>\n\n\n\n<p>Matter over which both state and central government make laws. The subject of Labour falls under the Concurrent List. Therefore, both the Parliament and state legislatures can legislate on it.<\/p>\n\n\n\n<p>The center has formulated laws like the Factories Act, Payment of Wages Act, Equal Remuneration Act, etc. The states have their own laws but they should be in line with central laws. If there is a conflict between them, central laws prevail. State laws can prevail if the President assents to them.<\/p>\n\n\n\n<p><strong>COVID times<\/strong><\/p>\n\n\n\n<p>These were challenging times when the government locked down everything everywhere. Even industries were closed. Workers working in different cities had to migrate back to their native villages. Industries required the Labour force to initiate work and put the economy back on track.<\/p>\n\n\n\n<p>But given the Labour laws and their protection of Labours, this wasn&#8217;t easy to achieve. Hence, states decided to amend and repeal some laws for the time being. The employer could dictate their work and make workers work according to industrial needs.<\/p>\n\n\n\n<p>Ordinances<\/p>\n\n\n\n<p>The states did this with the help of ordinances. They have the same force as law, but it is an administrative\/executive power to legislate.<\/p>\n\n\n\n<p>The governor of an Indian state can make law as given under Article 213 of the Constitution. He can do so when the legislature is not in session. It becomes necessary for him to take immediate action. An ordinance remains in force for a brief period and the state legislative assembly decides its fate.<\/p>\n\n\n\n<p><strong><u>Changes in Labour law<\/u><\/strong><\/p>\n\n\n\n<p>Central and state governments have introduced reforms to Labour laws during the lockdown. The aim is to attract investment and make money to stabilize the economy. Major changes are regarding working hours and wages that Labourers get.<\/p>\n\n\n\n<p><strong>International Labour laws<\/strong><\/p>\n\n\n\n<p>The International Labour Organization lays down international standards for Labour laws. Nation states signing its conventions are bound to incorporate its provisions into their national laws.<\/p>\n\n\n\n<p>Working hours<\/p>\n\n\n\n<p>The 1<sup>st<\/sup> ILO Convention mentioned working hours to be 8 hours per day and 48 hours per week.<\/p>\n\n\n\n<p>Wages<\/p>\n\n\n\n<p>Remuneration or payment made to workers for the work they did.<\/p>\n\n\n\n<p>Minimum wages<\/p>\n\n\n\n<p>The minimum amount of salary that an employer gives to employees for the time they worked.<\/p>\n\n\n\n<p>Living wages<\/p>\n\n\n\n<p>Amount of money that an employee gets for basic subsistence. It helps a Labourer to afford adequate shelter, food, clothing, water, healthcare, etc. for his family. This lets the workers live their lives in a better way and reduces poverty.<\/p>\n\n\n\n<p><strong>Indian Labour laws<\/strong><\/p>\n\n\n\n<p>Previously, working hours were 8 hours\/day but the state increased it to 12 hours\/day.<\/p>\n\n\n\n<p>The concept of living wages is nowhere found in India. In fact, a lot of Labours even get below minimum wages. There are some who work for free because they are illiterate and unaware of their rights.<\/p>\n\n\n\n<p>Indian Constitution<\/p>\n\n\n\n<p>Right against Exploitation<\/p>\n\n\n\n<p><em>Article 23<\/em><\/p>\n\n\n\n<p>It is the responsibility of the state to prohibit forced Labour. Not giving minimum wages to a Labourer is also forcing a worker to work.<\/p>\n\n\n\n<p><em>Article 24<\/em><\/p>\n\n\n\n<p>No employer can employ any child below 14 yrs. of age in any factory\/mine or hazardous employment.<\/p>\n\n\n\n<p>Directive Principles of State Policy<\/p>\n\n\n\n<p><em>Article 39<\/em><\/p>\n\n\n\n<p>It provides for:<\/p>\n\n\n\n<ul><li>Men and women have equal rights to adequate means of livelihood<\/li><li>Distribution of material resources of the community for common good<\/li><li>No concentration of wealth and means of production<\/li><li>Equal remuneration for men and women for equal work<\/li><li>Not to abuse the health and strength of workers of any gender or age<\/li><li>Children get the opportunity to develop in a healthy manner<\/li><\/ul>\n\n\n\n<p>UP Government<\/p>\n\n\n\n<p>Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinances, 2020- It made all Labour laws inapplicable except the following:<\/p>\n\n\n\n<ul><li>Building and Other Construction Workers Act<\/li><li>Workmen Compensation Act<\/li><li>Bonded Labour System Abolition Act<\/li><li>Payment of Wages Act (Section 5)<\/li><\/ul>\n\n\n\n<p>Acts that are not applicable:<\/p>\n\n\n\n<ul><li>Factories Act- Now employers can increase work hours from 8 to 12.<\/li><li>Industrial Disputes Act- Now employers do not need to give notice before retrenching workers.<\/li><\/ul>\n\n\n\n<p>The ordinance seeks to exempt establishments from Labour laws for 3 years.<\/p>\n\n\n\n<p>MP Government<\/p>\n\n\n\n<p>Madhya Pradesh Labour Laws (Amendment) Ordinance, 2020- It seeks to amend the following<\/p>\n\n\n\n<ul><li>Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961<\/li><li>Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982<\/li><\/ul>\n\n\n\n<p>The 1962 Act will no longer apply to establishments having less than 100 workers. It also allows the state government to exempt any establishment from the provisions of the Act. Provisions like strikes, lockouts, trade unions, and industrial dispute resolution will not apply. It increased working hours to 12\/day and to 72\/week.<\/p>\n\n\n\n<p>There will be less delay in registering and getting a license to establish a new industry. It exempts industrial inspection for 3 months or for a firm with less than 50 workers. The duration of this ordinance was 33 months.<\/p>\n\n\n\n<p>Gujarat Government<\/p>\n\n\n\n<p>It circulated a notification whereby similar changes were made, but only for 1200 days. It increased the working hours, stopped inspections, and banned trade unions. New establishments were exempted from Labour laws except:<\/p>\n\n\n\n<ul><li>Minimum Wages Act<\/li><li>Industrial Safety Rules<\/li><li>Employees\u2019 Compensation Act<\/li><\/ul>\n\n\n\n<p>Rajasthan, Punjab, Haryana, Assam, Goa, Karnataka, Uttarakhand, etc. made similar changes. Consequently, employers could:<\/p>\n\n\n\n<ul><li>hire and fire you as he wants,<\/li><li>deprive employees of essential necessities at the workplace<\/li><li>not pay employees for overtime<\/li><li>ban\/remove trade unions and so on<\/li><\/ul>\n\n\n\n<p><strong><u>Is it legally correct?<\/u><\/strong><\/p>\n\n\n\n<p>The UP Ordinance faced challenges in the High Court but the government withdrew the Ordinance. It took back the provision of increasing working hours because it was against basic guarantees to Labour. Similarly, the Karnataka and Rajasthan governments also withdrew their respective ordinances.<\/p>\n\n\n\n<p><strong><u>Conclusion<\/u><\/strong><\/p>\n\n\n\n<p>Labour is a significant contributor to the country\u2019s economy. They selflessly work for the growth of the industry and the nation. Hence, it is the nation\u2019s responsibility to treat them with respect. Governments should not strip off their basic necessities, even in testing times like COVID pandemic.<\/p>\n\n\n\n<p>If still doubts persist, consult legal experts at <a href=\"https:\/\/www.aapkaconsultant.com\/legal-opinion-legal-shots\" target=\"_blank\" rel=\"noopener\">https:\/\/www.aapkaconsultant.com\/legal-opinion-legal-shots<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction Labour is the backbone of any nation. They work and contribute to building a country\u2019s economy. Even in hard times, Labourers work effortlessly for the industry and their employer. The law of the nation decides the working hours and wages of Labour. In India, the British introduced Labour laws after industrialization. After independence, the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":13848,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4551,3060,57],"tags":[13688,46,14096,31,13457,14093,14100,14094,14091,13705,14090,11906,14095,14088,14089,11925,11927,2776,3062,4207,13722,48,311,13729,13670,11926,14099,3536,14097,2774,13801,14098,13749],"_links":{"self":[{"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/posts\/13849"}],"collection":[{"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/comments?post=13849"}],"version-history":[{"count":1,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/posts\/13849\/revisions"}],"predecessor-version":[{"id":13850,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/posts\/13849\/revisions\/13850"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/media\/13848"}],"wp:attachment":[{"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/media?parent=13849"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/categories?post=13849"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thelegalshots.com\/blog\/wp-json\/wp\/v2\/tags?post=13849"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}