What Is Labour Law All about

More than fifty national laws and many other state-level laws govern labour in India. For example, a permanent employee can only be dismissed for actual misconduct or habitual absence. [43] In the Uttam Nakate case, the Bombay High Court ruled that the dismissal of an employee for repeatedly sleeping in the factory was illegal – the decision was overturned by india`s Supreme Court two decades later. In 2008, the World Bank criticized the complexity, lack of modernization, and flexibility of India`s regulations. In the Indian Constitution of 1950, Articles 14 to 16, 19(1)(c), 23-24, 38 and 41-43A directly concern workers` rights. Article 14 stipulates that all must be equal before the law, article 15 explicitly states that the State shall not discriminate against citizens, and Article 16 extends the right to “equal opportunities” in employment or appointment under the State. Article 19(1)(c) grants everyone a specific right to `form associations or trade unions`. Article 23 prohibits trafficking in human beings and forced labour, while article 24 prohibits the employment of children under the age of 14 in a factory, mine or “any other dangerous occupation”. Proponents have called for a “social clause” to be included in GATT agreements, for example by amending Article XX, which provides an exception to impose sanctions for human rights violations.

An explicit reference to core labour standards could allow for comparable measures when a WTO member State violates ILO standards. Opponents argue that such an approach could undermine workers` rights, as it could harm the industry, and thus workers, with no guarantee of reform. In addition, the 1996 Singapore Ministerial Declaration of 1996 stressed that “the comparative advantage of countries, especially low-age developing countries, should in no way be called into question”. [30] Some countries want to use low wages and fewer rules as a comparative advantage to boost their economies. Another controversial point is whether the economy is shifting output from high-wage to low-wage countries, given the potential differences in labor productivity. [31] Since gatt, most trade agreements have been bilateral. Some of them protect core labour standards. [Citation needed] [e] In addition, some countries prefer countries that respect the fundamental rights of workers in their national customs regulations, for example under the EC Regulation on preferential tariffs, Articles 7 and 8. [32] Departments or ministries of labour responsible for the effective management of labour law and the promotion of its future development were established in Canada in 1900, in France in 1906 and in the United States in 1913, founded in the United Kingdom in 1916 and in Germany in 1918. They became common in Europe and were established in India and Japan in the following years and became common in Latin America in the 1930s.

An employment office was established in Egypt in 1930, but it wasn`t until the 1940s and 50s that similar agreements began to take root elsewhere in Asia and Africa. In different political circumstances, of course, there are still great differences in the authority and effectiveness of such an administrative apparatus. However, the Court of Justice of the European Union has recently extended the provisions of the Treaties through case law. Trade unions have tried to organize across borders, just as multinationals have organized production around the world. The unions have tried to take collective action and strike internationally. However, this coordination has been called into question in the European Union in two controversial decisions. In Laval Ltd v. Swedish Builders Union[37], a group of Latvian workers were sent to a construction site in Sweden. The local union took collective action to persuade Laval Ltd to sign the local collective agreement. According to the Posting of Workers Directive, Article 3 sets minimum standards for foreign workers so that workers receive at least the minimum rights they would have in their home country if their workplace had lower minimum rights. Article 3(7) provides that this `shall not preclude the application of more favourable terms and conditions of employment to workers`.

Most people felt that this meant that the legislation of the host State or a collective agreement could give more favourable conditions than the minimum (e.B. in Latvian law). .