History of Modern Labor Legislation

The history of labour legislation in India can be traced back to the late 1850s when the conflict between manufacturing firms and artisans led to the development of the cottage industries in India. A few years later, the International Labour Organization (ILO) was established in 1919 to protect workers’ rights and values. As per International Labour Organization (ILO), countries that have ratified The Acts mandate the eradication of all forms of forced or compulsory labour. This includes abolishing effects that facilitate forced or compulsory labour, such as excessive hours and lack of protection against dismissal.

History of modern labour legislation in India

The earliest labour legislation in British India took the form of the Bombay Factory Act of 1864. This was followed by the Indian Factories Act of 1878. The Indian Government ratified the ILO Forced Labor Convention 1957 in a special message of December 1967 and took steps accordingly to end child labour and bonded labour. Several laws were passed from 1969 to 1974. In the year 1976, the Child Labour (Prohibition and Regulation) Act was passed by parliament.

The history of Labour Laws in India can be divided into 4 phases:

• 1850 – 1914: gradual amendments were introduced to the factory legislation
• 1919 – 1938: covers the time when working-class politics began to take shape
• After the Second World War and up until the mid-1970s: the period of rapid labour agitation and political changes
• 1974 onwards: marked by the introduction of legislation. Negotiations with the industry went on for more than a decade before these began to meet with success.

International Labour Organisation (ILO)

The International labour organisation (ILO) was established in 1919 to secure social justice through international labour laws. This includes recognising the principle of equal remuneration for men and women for work of equal value. Also, it comes under the jurisdiction of ILO, which supports the ratification of ILO convention No. 87. The Convention stresses the need to help domestic industries adopt labour-saving devices, reduce working hours and improve employment security.

B.R Ambedkar disagreed with the conventional theory of labour movement, which was based on the idea of an organisation of workers united by class consciousness and collective bargaining. He argued that this will be a factor in the industrial growth of India and that the Government should adopt a policy to unite all workers to work together for their common interests. However, he firmly believed that it would be difficult for capitalistic economies to achieve such an organisation.

This was followed by the Contract Labour Act, 1970 because of the adverse effect of contracts on the rights and welfare of workers. The act also prohibited all forms of forced labour, including bonded labour and child labour, by prohibiting contracts or agreements based on them.

British Factory Act

The modern era in Indian Labour Laws was marked by the implementation of The International Labour Forced Labour Convention, 1957. The Indian Government ratified the Convention in 1967 and took steps accordingly to end child labour and bonded labour (the practice of hiring children for domestic service).

The first legislative achievement of the Indian Government in this regard was the Child Labour (Prohibition and Regulation) Act, 1986. The act aimed to prohibit the employment of children below 14 years in a factory, mine, or any other hazardous employment. This act also prohibited the employment of children below 18 years for certain specified hazardous occupations listed in the act. 

Abolition of Forced Labour, 1957

Abolition of forced labour, a by-product of the caste system, was enacted in 1957. The Indian Government became a party to the said Convention in 1974.

Equal Remuneration Act, 1951

This act states that there should be no discrimination based on caste, religion, sex, and country in employment or pay scale. The act also stresses equal opportunity for promotion for women in government employment.

The Equal Remuneration Act 1951 has been amended several times since its enactment.

The most recent amendment to the labour laws in India was in the year 2006, by the Labour Legislation Amendment Act, 2006. The act exempted any establishment employing ten or fewer workers from furnishing returns and maintaining registers otherwise applicable to labour laws. This was an attempt by the Government to stimulate employment by smaller establishments, which are, even today, not covered by most labour laws.

Conclusion

To sum up, it can be said that modern Indian labour legislation and laws are based on the principle of equality and justice in employment. It is an attempt by the Government to ensure that all citizens have equal rights at their disposal and can exercise those rights without any interference. The law plays a major role in maintaining a favourable environment, where employers respect their employees and treat them with dignity. As per law, all employers are bound to implement and enforce specific standards, which ensure that the employee is safe and secure in every way.