Industrial Relations and the Constitution (1)

7/24/2019 Industrial Relations and the Constitution (1)

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The Constitution of India has guaranteedsome fundamental rights to the citizens

and has also laid down certain directive

principles of state policy for theachievement of a social order based on

justice, liberty, equality and fraternity

The Constitution amply provides for theupliftment of labour by guaranteeing

certain fundamental rights to all


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Labour welfare refers to all such services,

amenities and facilities to the employeesthat improves their working conditions as

well as standard of living The term labour

welfare bears a different interpretation

from country to country and from time to

time, and even in the same country,

according to its value system, social

institution, degree of industrialisation andgeneral level of social and economic

development!enerally, the labour welfare

services are divided into two groups"#


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Welfare within the precincts of an establishment #

It includes medical aid, creches, canteens, supplyof clean drinking water, health services, uniforms

and protective clothing, rest shelters, etc It is the

employer$s responsibility to provide these facilities

to his% her employees and several legislations

have been enacted to set certain minimumstandards for provision of these facilities

Welfare outside the establishment # It includes

social insurance measures like gratuity,pensionfund, provident fund,etc& educational facilities&

housing facilities& recreational facilities& workers$

cooperatives& vocational training, etc


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Article 14 lays down that the 'tate shallnot deny to any person equality before the

law or the equal protection of laws

Article 39 accentuates the basic

philosophy of idealistic socialism, which is

enshrined in the (reamble of the

Constitution It provides a motivation forceto the directive principles by laying down

that the 'tate shall direct its policy towards

equal pay for both men and women


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Article 41 lays down that the 'tate shall,within the limits of its economic capacity

and development, make effective revision

for securing the right to work, to education

and to public assistance in cases ofunemployment, old age, sickness and

disablement, and in other cases of

undeserved want

Article 42 enjoins the 'tate government tomake provision for securing just and

humane conditions of work and for

maternity relief


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Article 43 makes it obligatory for the 'tate to

secure by suitable legislation or economic

organization or in any other manner to all workers,

agricultural, industrial, or otherwise, work, a living

wage, conditions of work ensuring a decent

standard of life and full enjoyment of leisure andsocial and cultural opportunities

Article 43-A makes it obligatory on the 'tate to

take steps by suitable legislation or otherwise tosecure the participation of workers in the

management of undertakings and industrial

establishments


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'ocial security is guaranteed in our Constitution

underArticles 39, 41 and 43The Employees State Insurance Act, 1948 is

a pioneering piece of legislation in the field of

social insurance

The Employees ro!ident "unds and#iscellaneous ro!isions Act, 19$2 aimed at

providing substantial security and timely

monetary assistance to industrial employees and

their familiesThe #aternity %ene&it Act, 19'1 is primarily

designed to provide maternity leave with full

wages and security of employment


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The ayment o& (ratuity Act, 19)2 isto provide a scheme for the payment of

gratuity to employees employed in

factories, mines, oil fields, plantations,

ports, railways, shops and establishments

Calculation of Gratuity

50% of last drawn salary x No. of

years of completed service or

Rs.10,00,000, whichever it lower


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)esides social security benefits, efforts have alsobeen made to provide ample opportunities for

employment and for workers* education

The Apprentices Act, 19'1 was enacted to

supplement the programme of Institutionaltraining by on#the#job training and to regulate the

training arrangements in industry

The Employment E*chan+es ompulsory

.oti&ication o& /acancies0 Act, 19'9hasmade it obligatory on the employers to notify

vacancies occurring in their establishments to the

prescribed employment e+changes before they

are filled


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The "actories Act, 1948 provides for health,safety, welfare, employment of young persons

and women, hours of work for adults and

children, holidays and leave with wages

The ontract aour e+ulation and

Aolition0 Act o& 19), a piece of social

legislation, provides for the abolition of contract

labour wherever possible and to regulate theconditions of contract labour in establishments or

employments where the abolition of contract

labour system is not considered feasible for the

time being


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Article 43 of the Constitution provides for a

living wage

The #inimum 5a+es Act, 1948 was enacted to

provide social justice to the unorganized labour

and to prevent e+ploitation

It provides for the fi+ation of minimum rates of

wages by the central or state governments within

a specified period for workers employed in certainscheduled employments

The minimum wage in any event must be paid

irrespective of the capacity of the industry to pay


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The !oluntary 6or7ers education

scheme was launched in our country in

-./ to educate the workers in trade union

philosophy and methods, and to promoteawareness about problems, privileges and

obligations as workers and citizen

aour 6el&are &unds have been set#up

to provide welfare facilities to the workersemployed in different mines such as coal,

mica, iron ore and limestone


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In order to e+tend a measure of social assistance

to workers in the unoranised sector, the

concept of $Labour 0elfare 1und$ was evolved

2ccordingly, five welfare funds have been set up

under the 3inistry of Labour and 4mploymentto

provide housing, medical care, educational and

recreational facilities to workers employed in

beedi industry, certain non#coal mines and cine

workers These funds are financed out of the

proceeds of cess levied under respective

Cess%1und 2cts
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The 3ica 3ines Labour 0elfare 1und 2ct, -56# was enacted to provide for constitution of

a fund for financing the activities which

promote welfare of labour employed in themica mining industry

The Limestone and 7olomite 3ines Labour 0

elfare 1und 2ct, -89# was enacted to provide for the levy and

collection of a cess on limestone and

dolomite for financing the activities which

promote the welfare of persons employed
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The Iron :re 3ines, 3anganese :re 3ines; Chrome :re 3ines Labour 0elfare 1und

2ct, -86# was enacted to provide for financing the

activities which promote the welfare ofpersons employed in the iron ore mines,

manganese ore mines and chrome ore

mines

The )eedi 0orkers 0elfare 1und 2ct, -86

# was enacted to provide for financing the

measures which promote the welfare of
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The Cine 0orkers 0elfare 1und 2ct, -/#

was enacted to provide for financing the

activities which promote the welfare of

certain cine#workers

The above 2cts provide that the fund may

be provided by the Central !overnment to

meet the e+penditure incurred in

connection with measures and facilities

which are necessary to provide the welfare

of the respective workers


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The Labour 0elfare :rganization administersthese funds and is headed by a 7irector !eneral

oint 'ecretary

?e is assisted by the 0elfare Commissioner


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The scheme of 0elfare 1unds is outside the framework of

specific employer and employee relationship, in as much asthe resources are raised y the (o!ernment on a

non-contriutory asis and delivery of welfare services

affected without linkage to individual worker*s contribution

To advise the Central !overnment on matters related toadministration of the above 1unds, Tripartite entral

Ad!isory ommitteeshave been set up under the

respective 0elfare 1und 2cts These Committees are

headed by nion aour Employment #inister

1unds are provided for the welfare facilities to the workers

employed in mica, limestone and dolomite, iron ore,

man+anese and chrome ore mines and in the eedi

and cinema industries

Documents

Industrial Relations and the Constitution (1)