Labour Laws: Application To Child Labour And Industrial Employment

INTRODUCTION

The Labour laws in India are a comprehensive set of legislation designed to protect the rights and welfare of workers and employees. With a rich history rooted in social justice and economic development, labor laws in India aim to create a fair and equitable working environment for millions of workers across different sectors and industries. These laws govern various aspects of employment, ranging from wages and working hours to social security and industrial disputes. The laws apply to both the organized and the unorganized sectors which is inclusive of but not limited to factories, establishments, including agricultural sector, real estate, and domestic work. These laws seek to prevent exploitation, discrimination, and unfair labor practices. They establish minimum standards for wages, working conditions, and safety measures. Labour laws also provide mechanisms for resolving labour disputes, enforcing employment contracts, and protecting workers’ interests during layoffs or retrenchments.

Some of the prominent labor laws in India include among others, the Industrial Disputes Act, 1947, the Minimum Wages Act, 1948 the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952,  the Factories Act, 1947 and the Maternity Benefit Act, 1967. These laws are enforced by government agencies such as the Ministry of Labor and Employment, Government of India and other state labor departments. These laws have also allowed for setting up the Labour Tribunals and Courts which have in-depth knowledge and working experience over these laws for any help that the legislators will require with the enforcement of these aforementioned laws.

At present, there are 44 labour related statutes enacted by the Central Government dealing with concepts such as minimum wages, accidental and social security benefits, occupational safety and health, conditions of employment, disciplinary action, formation of trade unions, industrial relations, etc.[i] Labour laws in India have specific provisions to address the issue of child labor, while setting age restrictions for employment, and these laws also cover industry-specific employment aspects.

EVOLUTION OF LABOUR LAWS:

During the colonial era, the British introduced various regulations to address labor issues, primarily in the form of factory acts and regulations. These focused on limited aspects such as working hours, safety, and employment conditions. The early 20th century witnessed the emergence of trade unions in India. Workers began organizing themselves to demand better working conditions, higher wages, and improved rights. The Trade Union Act of 1926 provided legal recognition and protection to trade unions. Post independence, Indian labour standards were at their lowest. They received pitiful pay for their work, and even had their medical issues disregarded. Since the partition, price of living in India had increased as well.

Later, the Indian Constitution enshrined several fundamental rights and directive principles related to labor. These included the right to equality, prohibition of forced labor, and the promotion of worker welfare under Articles 21, 23, 24, 39 (d) etc. The Indian government undertook significant labor reforms. These reforms focused on regulating employment conditions, ensuring fair wages, and providing social security to workers such as the Employees’ State Insurance Act of 1948 and the Employees’ Provident Funds and Miscellaneous Provisions Act of 1952. These laws introduced schemes for medical benefits, retirement benefits, and other welfare measures.

Over the years, labour laws in India have evolved in response to changing social, economic, and industrial conditions. Key milestones include the enactment of the Factories Act in 1947, the Trade Unions Act in 1926, and the Industrial Disputes Act in 1947. Subsequently, various laws were introduced to cover aspects such as minimum wages, working conditions, social security, and occupational health and safety.

CHILD LABOUR STATUTES:

In India, the primary legislation concerning child labour is the Child & Adolescent Labour (Prohibition and Regulation) Act, 1986 (“C&A Labour Act”). This act prohibits the employment of children in certain hazardous occupations and processes. It also regulates the conditions of work for children in non-hazardous occupations by setting restrictions on their working hours and conditions. The C&A Labour Act defines a child as a person under the age of 14 years.

Under the C&A Labour Act, the Ministry of Labour and Employment is responsible for identifying hazardous occupations and processes where the employment of children is prohibited. On August 30, 2017 the same department has identified the various different occupations which are to be termed hazardous for the purposes of the C&A Labour Act. The Ministry of Labour and Employment is also responsible for enforcing the law and acting against those who employ children in violation of the act. Therefore, they have incorporated section 14 under the C&A Labour Act which imposes penalties and imprisonment upon the employers, parents & guardians if they permit an adolescent or a child to work in contravention of the C&A Labour Act. Further, an Inspector is to be appointed for the purposes of securing compliance with the provisions of this act. India has also ratified the International Labour Organization’s Convention No. 182 on the Worst Forms of Child Labour, which provides further guidelines for combating child labor and protecting children from exploitation.

The C&A Labour Act also restricts the employment of adolescents (between the ages of 14 and 18) in hazardous occupations or those detrimental to their health and safety.[ii] It allows an adolescent to work but imposes special restrictions on the working conditions of such individuals. Some of these restrictions are: (i) the total period in which an adolescent can be permitted to work is 6 hours a day including the interval; (ii) no adolescent shall be allowed or required to work between 7 p.m. and 8 a.m;[iii] and (iii) Every adolescent shall be given one holiday a week[iv] among other restrictions mentioned under the C&A Labour Act.

As mentioned earlier in this section of this article, the C&A Labour Act prescribes penalties for employers who employ children in violation of the provisions. Whoever employs or permits a child to work in contravention of section 3, Section 3A of the act shall be punished with imprisonment for 6 months up to 2 years or a fine of INR 25,000/- up to INR 50,000/-, or both. In case of contravention of any other provision of the act the employer or the offender, as the case maybe, shall be punished with simple imprisonment which may extend to 1 month or with fine which may extend to INR 10,000 or with both. The repeat offenders face higher penalties[v] under the provision of the C&A Labour Act. It further provides for rehabilitation of rescued child or adolescent who are employed in contravention of the provisions of this Act[vi] to restore them to normal life to care and therapy by providing a friendly environment.

AGE BAR FOR EMPLOYMENT:

India has ratified the Minimum Age Convention, 1973 (International Labour Organization) which sets the minimum age for employment at 15 years. The convention allows for certain exceptions and provides guidelines for the protection of young workers. However, there is no specific and fixed age limit defined in the labor laws for most industries at present which has led to creation of confusion amongst employers across these industries. Labour laws in India primarily focus on setting minimum age requirements for employment to protect the rights and welfare of children and young persons. The employment opportunities are generally open to all individuals who are capable and willing to work, regardless of their age, as long as they meet the required qualifications and fulfill the job responsibilities. Here are some key labor laws with specific focus on provisions related to age bar:

1. Child Labor (Prohibition and Regulation) Act, 1986: This act prohibits the employment of children in certain occupations and processes and regulates the conditions of work for children in permissible occupations. It sets the age bar for employment and defines a child as a person under the age of 14 years in section 2(ii) of the Act. In section 3A of the Act, the minimum age limit is set at 18 years to work in certain hazardous occupations and processes. In the event that an employer employs such children as mentioned above they may face penal provisions under section 14 of the C&A Labour Act as has been provided above in this article.

2. Factories Act, 1948 (“Factories Act”): This act sets the minimum age for employment in a factory at 14 years. However, it allows the employment of adolescents (persons between the ages of 15 and 18 years) under certain conditions, such as restrictions on working hours and types of work.[vii]

3. Mines Act, 1952 (“Mines Act”) The Mines Act prohibits the employment of children below the age of 18 years in mines.[viii]

4. Apprentices Act, 1961 (“Apprentice Act”): The Apprentices Act governs the training and engagement of apprentices in various trades and industries. It sets the minimum age for apprenticeship at 14 years, except in hazardous occupations where the minimum age is 18 years.[ix]

5. Shops and Establishments Acts: Each state in India has its own Shops and Establishments Act that regulates the conditions of work in shops, commercial establishments, and service sectors. These acts generally set the minimum age for employment at 14 years.

INDUSTRY-SPECIFIC EMPLOYMENT ASPECTS:

Factories Act, 1948: The Factories Act applies to any premises including the precincts thereof— (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of the Mines Act, 1952, or a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel), restaurant or eating place. [x]Some of the provisions include:

1. Regulation of working hours, overtime, and rest intervals.
2. Ensuring workplace safety, cleanliness, and ventilation.
3. Provisions for hazardous processes, welfare facilities, and health measures.
4. Employment of young persons and women.
5. Prohibition of employment of certain classes of workers.

Mines Act, 1952: The Mines Act was enacted to amend and consolidate the law relating to the Regulation of labour and safety in mines. It applies to any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes: (i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields; (ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not; (iii) all levels and inclined planes in the course of being driven; (iv) all open cast workings; (v) all conveyors or aerial rope ways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom; (vi) all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine; (vii) all protective works being carried out in or adjacent to a mine; (viii) all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management; (ix) all power stations, transformer sub-stations, convertor stations, rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine; (xi) any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on.[xi] The Act includes provisions such as:

1. Regulations for working hours, rest intervals, and overtime.
2. Measures for safety, health, and welfare of mine workers.
3. Provisions related to the employment of women in mines.
4. Guidelines for the appointment and duties of mine managers.

Shops and Establishments Acts: Each state in India has its own Shops and Establishments Act, which regulates the employment conditions in shops i.e., any premises where any trade or business is carried on or where services are rendered to customer and includes a shop run by a co-operative society an office, a store room, godown, warehouse or work place, whether in the same premises or otherwise, used in connection with such trade or business and such other establishments as the Government may, by notification, declare to be a shop for the purposes of this Act;[xii] commercial establishments i.e., an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession or which is a clerical department of a factory or an industrial undertaking or which is a commercial or trading or banking or insurance establishment and includes an establishment under the management and control of a co-operative society, an establishment of a factory or an industrial undertaking which falls outside the scope of the Factories Act, 1948, and such other establishment as the Government may, by notification, declare to be a commercial establishment for the purposes of this Act[xiii] The provisions may include:

1. Regulation of working hours, overtime, and weekly off days.
2. Rules for opening and closing hours of establishments.
3. Leave entitlements, including annual leave, sick leave, and maternity leave.
4. Provisions related to employment of young persons and women.
5. Health, safety, and welfare measures.

Contract Labour (Regulation and Abolition) Act, 1970 (“CLRA”): This act governs the engagement of contract laborers i.e., workmen who are employed in or in connection with the work of an establishment when they are hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer[xiv]. Contract Laborers are engaged with a particular work and their term ends when the work is completed whereas the term of a regular laborer is continuous in nature. It regulates the employment of contract laborers across various industries and provides for their welfare, working conditions, and other entitlements. It includes provisions such as:

1. Registration of contractors and establishments employing contract labor.
2. Regulation of working conditions and wages of contract laborers.
3. Prohibition of employment of contract labor in certain circumstances.
4. Welfare measures for contract laborers.

Industrial Employment (Standing Orders) Act, 1946 (“Industrial Standing Orders”): This act applies to industrial establishments i.e., (i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or (ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or (iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act, 1890, or (iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen. The Act requires employers in industrial establishments to define and display standing orders that govern terms and conditions of employment, work shifts, holidays, etc. It provides provisions related to:

1. The requirement of standing orders, which specify the terms and conditions of employment.
2. The content of standing orders, including disciplinary procedures, working hours, leave provisions, etc.
3. Procedure for certification and modification of standing orders.
4. Obligation of employers to display the standing orders at the workplace.

Industrial Disputes Act, 1947 (“ID Act”): This act deals with the settlement of industrial disputes i.e., any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person;[xv]  and includes provisions such as:

1. Definition of industrial disputes and modes of settlement.
2. Procedures for conciliation, arbitration, and adjudication.
3. Provisions related to strikes, lockouts, and layoff compensation.
4. Protection against unfair practices by employers and employees.

The Building and Other Construction Workers Act, 1996 (“BOCW”): BOCW aims to regulate the employment and welfare of building workers i.e., a person who is employed to do any skilled, semi- skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person- (i) who is employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. It includes provisions for safety, health, and social security. Here are some provisions related to industry-specific employment aspects under the BOCW Act:

1. Registration of Establishments
2. Welfare Measures
3. Safety and Health Measures
4. Employment Conditions
5. Welfare Board
6. Licensing of Contractors

CASES:

M.C. Mehta v. State of Tamil Nadu (1996)[xvi]: In this landmark judgment by the Supreme Court of India that addressed child labor in hazardous industries. The court banned the employment of children below the age of 14 in hazardous industries and mandated the enforcement of the right to education for children. It emphasized the constitutional duty of the state to protect children from exploitation and to provide them with education and a dignified life.

People’s Union for Democratic Rights (PUDR) v. Union of India (1982):[xvii]In this case, the Supreme Court of India highlighted the rights of construction workers and the responsibility of the government to protect their rights. The court directed the government to enforce labor laws and provide benefits and welfare measures for construction workers, including maternity benefits, healthcare, and protective equipment.

Central Provinces Transport Services Ltd. Vs. Raghunath Gopal Patwardhan, 1956:[xviii]In this case, the Apex court differentiated between an individual dispute and industrial dispute. It held that a dispute which concerns only the rights of individual workers, cannot be held to be an industrial dispute. A dispute between an employer and a single employee can be an industrial dispute as defined in s. 2(k). A dispute between an employer and a single employee cannot per se be an industrial dispute, but it may become one if it is taken up by the Union or a number of workmen.

CONCLUSION:

The labour laws in India have evolved over time to address the changing needs of the workforce and the dynamics of the labour market. They encompass a wide range of statutes, regulations, and acts that govern employment relationships, industrial relations, and social security.

While labour laws play a crucial role in protecting workers’ rights, they are also subject to ongoing debates and discussions. Efforts are being made to balance the needs of employers for flexibility and competitiveness with the interests of workers. The government periodically reviews and amends labor laws to address emerging challenges and promote inclusive growth.

Overall, labour laws in India serve as a vital framework for ensuring social justice, economic development, and a harmonious relationship between employers and employees.  By providing a legal framework that balances the interests of both parties, these laws strive to create a conducive environment for sustainable and equitable growth in the Indian labor market.

The new labour codes in India refer to a set of comprehensive legislations enacted by the government to streamline and modernize the country’s labour laws. There are four main labour codes:

1. The Code on Wages: This code consolidates and simplifies various laws related to wages and payment of wages. It aims to ensure standardized wage structures, enhance transparency, and simplify compliance procedures.

2. The Industrial Relations Code: This code combines and amends multiple acts related to industrial relations, trade unions, and resolution of industrial disputes.

3. The Occupational Safety, Health and Working Conditions Code: This code expands the scope of coverage for workers, introduces new provisions for welfare measures, and emphasizes the digitalization of compliance processes.

4. The Social Security Code: This code consolidates laws related to social security, including provisions for employees’ provident fund, gratuity, maternity benefits, and healthcare benefits. It aims to extend social security coverage to a larger number of workers, including gig workers and platform workers.

The possible impact of these labour codes could be Improved Ease of Doing Business, Enhanced Worker Protection, Flexibility in Hiring and Firing, etc. While the intention of simplifying and consolidating labour laws is positive, the transition and implementation of the new codes may pose challenges. Businesses and workers may require time to adapt to the changes and understand the new compliance procedures.

---

[i]  https://labour.gov.in/about-ministry

[ii] The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; Section 3A

[iii] The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; Section 7

[iv] The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; Section 8

[v] The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; Section 14

[vi] The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986; Section 14C

[vii] The Factories Act, 1948; Section 67, 27

[viii] The Mines Act, 1952; Section 45

[ix] The Apprentices Act, 1961; Section 3

[x] The Factories Act, 1948; Section 2(m)

[xi] The Mines Act, 1952; Section 2(j)

[xii] The Telangana Shops & Establishments Act, 1988; Section 2(21)

[xiii] The Telangana Shops & Establishments Act, 1988; Section 2(5)

[xiv] The Contract Labour (Regulation And Abolition) Act, 1970; Section 2(b)

[xv] The Industrial Disputes Act, 1947; Section 2(k)

[xvi] AIR 1997 SC 699

[xvii] 1982 AIR 1473

[xviii] MANU/SC/0067/1956

Author: Akarsh Deep, Associate (assisted by Esha Sarda)

Disclaimer: The content of this article is intended to provide a general guide to the subject matter and that the same shall not be treated as legal advice. For any queries, the author can be reached at info@samistilegal.in