INTRODUCTION
The Supreme Court has highlighted that the “right to life” means leading an existence of dignity with access to fundamental rights and necessities, not just surviving.[1] The concept of human rights is based on universal, unalienable, and indivisible rights awarded to every human being. Human rights in the Lens of labour legislation include protecting employees’ rights to health and safety equipment, fair compensation, maternity leave and other benefits, a safe working environment, and acceptable working hours.[2]
Approximately 81% of working employees are employed in the unorganised sector of India and employees in this industry suffered from low pay, unstable employment, scant benefits, and dangerous working conditions for many years.[3]
Following independence, several laws and rules were passed to protect workers’ rights in line with human rights and constitutional principles to address these problems and comply with international treaties on labour and human rights. Conditions in the unorganized sector have greatly improved as a result of the passing of various labour law legislations by the government.
The government has updated obsolete labour regulations with four thorough Labour Codes to address this issue. Provisions from 29 earlier laws are combined into 4 labour codes. This action represents a major advancement in the nation’s safeguarding of labourers’ and workers’ human rights.[4]
The judiciary has been essential in interpreting labour laws in a way that puts workers’ rights first over time. In this field, conflict resolution has always followed a constructive and intentional construction approach.
CONSTITUTIONAL MANDATES
The Indian Constitution places a strong emphasis on the worth of every person and stresses the need to safeguard employees’ rights.[5] The rights of the workers are protected by the constitution under
- Article 14 guarantees the right to equality, prohibiting discrimination against workers based on gender, caste, religion, or any other basis.
- Articles 23–24 of the Right against Exploitation forbids child labour, forced labour, and trafficking. Ensuring a safe and healthy work environment, and equitable salaries.
- Article 21A of the Right to Education states that free and compulsory education must be provided to keep kids out of dangerous jobs.
- Article 39, 41-43 DPSP directs the state to advance possibilities for skill development, living wages, fair working conditions, social security, and worker welfare.
ADVANCEMENTS IN LABOUR RIGHTS: RECENT PROGRESS AND HUMAN RIGHTS IMPLICATIONS
- RIGHT TO MINIMUM WAGES
The protection of workers’ and their families’ well-being and the maintenance of productivity are made possible by the right to minimum wages. Over 50 crore workers in India’s unorganized sector now have a clear entitlement to minimum pay thanks to the Code on pay, which is set to be reviewed every five years. [6]
It ought to be emphasized that the 1948 Minimum Wages Act’s constitutionality was contested because the act’s drafting lawmakers failed to sufficiently take into account whether an employee has sufficient funds and capacity to pay its employees. The Act was first challenged in the 1954 case of Bijay Cotton case [7] as being unconstitutional because the act violates Article 19(1)(g). Nonetheless, the Court decided the Act’s provisions are allowed under Article 19 and that they were imposed for the public good in line with Article 43 of the Constitution, which contains the DPSPs.
- RIGHT TO BONUS
Although it is socially and ethically justified for employees to partake in the profits made by their employers, they did not have a statutory right to receive bonuses before the Payment of Bonus Act of 1965. Its goal is to enable bonus payments based on output or sales in designated organizations, with the ultimate goal of promoting labour-capital harmony by enabling workers to share in the prosperity of the enterprise.[8]
To ensure labour’s share of profits and institutionalize bonus payments, the Act sets minimum and maximum bonus rates as well as provisions for set and set off. The Supreme Court considered whether the statute was constitutional in the case of Jalan Trading Company Ltd. v. Mill Mazdoor Sabha.[9] The statute was contested as it violates Articles 14 and 19 of the Constitution. The Court retained the validity of the clause requiring the payment of a minimum bonus, that it is consistent with the ideas expressed in Articles 39 and 43 of the Constitution and confirming the reasonableness of bonus payments.
- RIGHT TO MATERNITY LEAVE AND OTHER BENEFITS
The Indian Constitution’s Article 39 mandates that the state guarantees men and women equal rights and compensation in terms of livelihood prospects. In India, maternity leave enables female employees to take paid time off from work following childbirth. The Maternity Benefits Act of 2017 increased the 12-week maternity leave period to 26 weeks.
Furthermore, the 1948 Employees State Insurance Act contains provisions for women that enable covered women to receive benefits in a variety of pregnancy and childbirth-related circumstances, including confinement, miscarriage, pregnancy-related illness, and early delivery. Benefits are payable for three months, with the possibility of a one-month extension if the woman has worked for at least 70 days in the preceding year.
Since the Maternity Benefit Act was passed, female employees have been able to take time off both before and after becoming pregnant to manage their workload and take care of their health.[10]
Emphasizing the value of preserving women’s roles as mothers, the court in Dr Rachna Chaurasiya v. State of U.P. and Others ordered the state government to grant 180 days of childcare leave to all female employees, regardless of the type of their employment. In cases like Jyoti Suhag v. State of Haryana,[11] the court addressed the question of maternity leave for a third child and ruled that, as established in ESIC v. HMT Ltd[12], subordinate legislation cannot supersede principal legislation. The Act does not place restrictions on maternity leave for a third child.
- RIGHT TO MEDICAL BENEFITS AND INSURANCE
The Employees’ State Insurance (ESI) Act, which was created in 1948 and is managed by the Employees’ State Insurance Corporation (ESIC), intends to offer workers in India financial security as well as social security. Following this Act, employers and employees each contribute a percentage of salaries to the ESI Fund, which is then used to provide insured workers and their families with a range of benefits. Preventive healthcare treatments, hospitalization, maternity benefits, specialist consultations, and outpatient therapy are all included in this comprehensive package of benefits. In addition, insured workers receive monetary compensation to make up for lost wages in the event of illness, pregnancy, disability, or accident. In the event of work-related injuries, disability benefits are also given based on the extent of disablement and the employee’s average daily wage.[13]
Moreover, dependent benefits are given to qualified dependents in the event of the covered person’s death, and coverage is expanded to include the dependents of insured employees. By granting access to healthcare, emergency financial assistance, and support for their families, the ESI Act seeks to advance worker welfare.
CONCLUSION
With the creation of a worker-friendly framework that protects fundamental rights for maintaining a dignified existence, India has accomplished a major milestone. The Indian judiciary and legislature have both been instrumental in defending workers’ human rights across the country. Significantly, the court has continuously taken a positive stance within the bounds of the law in the mentioned case laws, establishing precedents in support of workers’ rights.
The goal of India’s new labour codes too is to further ensure accountability and simplicity by streamlining procedures. These codes will establish uniform return filing procedures and a single registration and licensing for all codes. Workers will profit greatly from these revisions because they are now entitled to social security and benefits even when they have fixed-term contracts. The changes also include measures for minimum wage improvements, adequate for workers especially in the unorganized sector, and less government intervention, all of which are intended to protect workers and promote major employment development.
Author(s) Name: Anushka Srivastava (Bennett University, Greater Noida)
References:
[1] Bandhua Mukti Morcha v. Union of India, 1984 AIR 802
[2]Alan Bogg, ‘Labour, Love and Futility: Philosophical Perspectives on Labour Law’ (2017) 33(1) IJCLL 7
[3]Tisha Agarwal, ‘Labour laws vis-à-vis human rights – a converging agenda’ [2023] SSRN <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4606080> accessed 10 July 2024
[4] Stephanie Palmer, ‘Human Rights: implications for labour law’ [2000] CLJ 169
[5]Tisha Agarwal, ‘Labour laws vis-à-vis human rights – a converging agenda’ (2023) SSRN< https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4606080>
[6] U. Unichoyi and Others v. The State of Kerala 1962 AIR 12
[7] Bijay Cotton Mills Ltd. v. The State of Ajmer 1955 AIR 33
[8]Pankaj Kumar, ‘Protection of Human Rights of Workers in India: A Socio-Legal Study with Special Reference to Covid19 Period’ (2021) 9(3) IJCRT < https://ijcrt.org/papers/IJCRT2103080.pdf> accessed 10 July 2024
[9] Jalan Trading Company Ltd. v. Mill Mazdoor Sabha 1969 AIR 182
[10] T.K. Rajalakshmi, ‘The new labour codes: Labour’s loss’ The Hindu (Delhi, 12 October 2020) < https://frontline.thehindu.com/the-nation/labours-loss/article32749705.ece> accessed 10 July 2024
[11] Jyoti Suhag v. State of Haryana 2015 SCC OnLine P&H 10515
[12] Emp. State Insurance Corporation v. H M T Ltd & Anr. 2008 (3) SCC 35
[13] Kevin Kolben, ‘Labor Rights as Human Rights’ (2009) 50(2) Va. J. Int’l L 449
