History of Labour Legislation

8/8/2019 History of Labour Legislation

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History of Labour legislation

The growth and development of labour legislation n may be ascribed mostly to the development

of organized industry . The rapid development of industry and eagerness of the employer for

quick returns and easy profits tempted to exploit the submissive labour . the employees were

forced to work for long hours , with low wages , in poor sanitary conditions which ends in low

standards of living . the workers were sold like commodities and treated as slaves .

The rapid development of industries attracted the landless agricultural labour from village to

cities . The migrated labours faced lot of problems in and outside the industries . The health

of workers subjected to a severe strain due to many reasons , eg- difference of climate and

conditions of work , a defective dietary , excessive congestions , lack of sanitations . The fact

has a serious effect on health of workers and lowers their efficiency .

The modern industrial life , the wage earner , standing isolated , is in a very weak

bargaining position . The workers were unable to bargain with employers on fair terms and the

desire of higher profits on the part of employer leads to exploitation of the working class . Hence

they started forming g unions to improve their bargaining power.

1860 Apprentice Act basic object of the Act is to facilitate the training for children so when

they would come of age , they could earn their livelihood .

Employers ( Europeans ) were the first to organize and they were even successful in getting the

Workmens Breach of contract act passed in 1859 according to which the workers could be

prosecutes for leaving the job. Since then , the employer have organized themselves into strong

association known as Chambers of commerce , which have greatly influenced the Govt.s labour

policy from time to time .

1860 , Employers and workmens Dispute Act related to the penalties for workers , who wereguilty of breach of contract which was made a criminal offence .

In the early days whatever labour legislation was undertaken , was also with reference to

specific industries and not for the general class of industrial workers .

1875 Factory commission

1877 Strike in Empress Mill at Nagpur over wage rates .

1881- Factory Act

This Act was applicable to all establishment employing 100 or more persons and working for

more than 4 months in a year . It prohibited the employment of children below the age of 7

and those between 7 and 12 were not to work for more than 9 hours a day. they were also tohave one hours daily rest and four days holidays in a month. The Act also provided for the

fencing of dangerous machinery, reporting of the accidents and the appointment of factory

Inspector to enforce the measure . The Act gave no protection to adult workers, males or

females and left them entirely at the mercy of their employers.

The act did not satisfy the workers or their sympathisis and workers started agitating for

amendment.

1884 Factory commission _ Bombay Government - Recommended a legislation for

protection of children and women.

1890 International Labour Conference _ Berlin- recommendations were accepted by

England.

1890- Government of India appointed factory commission on its recommendation.

1891- Factory Act applicable to all establishments employing 50 or more labourers and

using power. The local Government would extend it to establishments employing 20 or


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more labourers if they so desired. The employment of children below 9 was prohibited

and those between 9-14 were not to work for more than 7 hours a day .Children and

women were not to be employed at night between 8 p.m and 5 a.m . Women were aiso

not to work for more than 11 hours a day and were entitled to a daily total rest of 11\2

hours .Aweekly day of rest was provided for all classes of workers and a rest of half

an hour between 12 noon and 2p.m was made compulsory for male labourers.The

Act also made extensive provisions for inspection, ventilation and sanitation of

factories .

The demand for compensation was raised as far back in 1855. The

Government took the initiative to pass Indian Fatal Accidents Act 1855 under which

1901- The Mines Act was enacted to regulate the working conditions in mines which

provided for appointment of Inspectors. The Act proved to be defective in

several directions and after a series of amendments was finally overhauled and

superseded by a more comprehensive Act in 1923.

Amended in 1928, 1935, 1935 , 1936, 1937, 1940 and 1946 and was finally replaced by

the INDIAN MINES ACT OF 1952.

1890- THE INDIAN RAILWAYS ACT

Amended in 1930 in consonance with Government ratification of two I.L.O

conventions i.e hours of work ( 1919) and weekly rest (1921)

The Indian ports Act 1908

Amended in 1922 and 1931 , finally the Dock workers( Regulation of Employment) act 1948

1911- The Factory Act

This led to appointmentof labour commission, which reported in 1908. As a result of its

recommendations a third Factory Act of 1911 was passed.

FA-1934

FA-1946-1948 * health

*safety

* welfare

* employment of women and children

* working conditions

The trade unions Act 1926

1918-B.P. WADIA- Madras Textile Labour Union, representative of 64 unions, on October 30

th ,1920 met and established the A.I.T.U.C. so , to regulate the conduct of unions, the T.U.Act

was enacted.

-certain privileges to office bearers

-Registration

- Duties and liabilities imposed

-registered office

-maintain General Fund.

-maintain political Fund

-Rights and privileges


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-Immunity - criminal conspiracy

civil suit

Disqualification

Amalgamation

penalities| fines

Trade Disputes Act 1929 which embedded provision for compulsory Adjudication of

disputes and prohibits strikes and lock-outs in public utility services .

THE J. D AD -1947

- permanent machineries for settlement of disputes

- compulsory orbitration in public utility services

- Prohibits strikes and lock out durig the pendency of conciliation

- ID may be referred to an industrial dispute

Based on the recommendation of IL O , the Govt announced the proposal for Work mens

compensation legislation in 1921 , which were later accepted by the majority of the provincial

Government, finally the Act of 1923 was enacted . Before that Indian Fatal Accidents Act 1855.

It provides compensation to the injured worker during the course of employment

The Payment of Wages Act- 1986

Social security legislation

To r egulate the payment of wages in definite form and to restrict the unauthorized

deductions.

The Industrial Employment S.O. 1946

The Payment of Minimum Wages Act- 1948

E.S.I. Act 1948 funderal

sickness

maternity

disablement

dependent

medical

Bonus-----1965grauity---------1972

contract labour----1970

plantation labour ---- 1951

maternity benefit ------1965

OBJECT

1.To improve the working conditions of workers- F.A

2.To bring about industrial peace I.D

3.To protect the interest of the workers-T.V

4.To provide compensation in case of death or injury to the workmen.


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- Indian Constitution and Labour

Fundamental Rights

Right to equality

Prohibition of discrimination on the grounds of religion , race sex or

place of birth acces to shops , hotels , water tanksEquality of oppurntuinity in the matters of pu blic employment or

appionment

Freedom of speech and expression, assembly and association , protection

of life and personal liberty and rights against exploitation

No child below the age of 14 years shall be employed to work in any

factory

23, forced labour

DPSP

39,e Healtha and strenthg of workers , men and women and the tender age of children are not

abused and cinzens are not forecde to enter avocations unsuited to their age or stendght39 d equal pay for equala work

41, Effective provisopm for securing Right to work , to education and to public assistance in

certain cases

42, Provisons of just and humane conditions of work and maternity relief

43, Living wages for workers , conditions of work ensuring decent standard of life

43 A, state shall make suitable legislation for secure the participation of workers in the

management of industries

Documents

History of Labour Legislation