Labour History and Legislative Changes in India

Labour Laws - Historical Perspective

• Labour capital conflicts encompass exploitation, profit motives, poor bargaining power, poor working conditions, unorganised labour, bonded labour, surplus labour, division of labour, and super-specialisation.
• In primitive agrarian society, no relationship existed between lords and cultivators.
• Serfdom/feudalism saw a relationship between lords and serfs or slaves.
• The relationship between labour and capital was unclear during the handicraft stage.
• Max Weber's Protestant ethic emphasizes hard work, duty, and saving as a means to accumulating wealth.
• The Industrial Revolution in England was driven by wealth, trade, scientific thought, and commerce.
• The factory system emerged, and the working conditions were terrible, including children in coal mines.
• The Mines Act eventually restricted child labour in coal mines.

Labour Laws - International Labour Organisation

• The ILO was established in 1919 at the Versailles Peace Conference as an autonomous body associated with the League of Nations.
• It resulted from post-World War I peace efforts.
• It became a member in 1919 as an original signatory to the treaty of peace.
• ILO survived World War II, unlike the League of Nations.
• ILO's aim is to make the world conscious of world peace and employment conditions affecting the working population.
• It includes representations of employees, labour, and government.
• The ILO's objectives are detailed in the preamble to its constitution.
• The declaration of Philadelphia in WWII redefined the aims of the ILO.
• ILO's principles include freedom of expression, association, and the recognition that poverty harms prosperity.
• The declaration of Philadelphia outlined 10 ILO objectives.

Labour Laws - ILO Constitution and Structure

• The ILO constitution mandates membership for all UN member states, by accepting its obligations.
• The ILO is composed of the International Labour Conference.
• The governing body is the executive body, and the international labour office is the secretarial, operational headquarters, and information centre.
• The International Labour Conference (ILC) comprises of 4 groups: government, employers, workers in a ratio of 2:1:1.
• The committees within the ILC help deal with various matters.
• The finance committee is the exception to the tripartite nature of the committees.
• The ILC has various functions, including formulating international labour standards and considering the Director General's report.
• The Governing Body is an executive body, consisting of 28 government members, and 14 each for employers and workers.
• The governing body has criteria for member selection.
• The International Labour Office functions as the secretariat of the ILO.
• The ILO's budget is fixed by the Governing Body.

Labour Laws - International Labour Standards and Indian Legislation

• India has adopted many ILO standards with respect to labour laws.
• India has been nominating non-government delegates and advisors to the ILC regularly.
• India has ratified 36 ILO conventions.
• ILO standards have influence on factory, mines, social security, and wage legislation in India.
• The ILO has significantly influenced the Indian trade union movement.
• ILO's tripartite system is a method for resolving labour-management disputes.
• The DPSPs in Articles 34, 41, 42, and 43 of the Indian Constitution are comparable to ILO objectives.

Labour Laws - Trade Unionism

• Trade unions are organisations of wage earners representing their interests socially, economically, and politically.
• Key features of trade unions include their permanent membership, securing benefits for members, its constantly changing concept, and representing workers in negotiations.
• Trade unions have functions like achieving better wages and working conditions, preventing worker exploitation, and assisting workers during lockouts and unemployment.
• Early Indian trade unions emerged during the 19th century, often in response to social reformers, including strikes by workers, especially women and children in textile mills and factories.
• NM Lokhande is a founder of the organised trade union movement in India, establishing the Bombay Mill Hands Association in 1875.
• The Trade Union Act establishes trade unions and their operation, covering their leadership, functions, and financial issues.
• Problems with trade unions include multiplicity of unions, inter-union rivalry, and the influence of political leaders.
• Suggestions offered to combat the issues include the right of employees to join unions of their choice, the elimination of violence and discrimination, and a proper procedure for union functioning.

Labour Laws - International Norms and Indian Constitution

• ILO Convention No 87 discusses freedom of association and the rights that workers have in the process, however, India hasn't ratified this particular convention.
• Indian constitutional rights, such as the right to form associations, impliedly provide similar rights, duties, and immunities for trade union members.

Labour Laws - International Labour Conference

• The International Labor Conference is the supreme body in the ILO, and it comprises of government, workers, and employers, each with equal representation.
• Its decisions related to labour legislation are binding on member states.
• ILO delegates can bring advisers to sessions of the Conference, but there is a limit on the total number of advisers per delegate that can attend.

Labour Laws - Industrial Relations

• Industrial relations concern the relations between states, employers, and workers.
• The concept of industrial dignity and respect for workers is crucial in industrial relations.
• The government's role has evolved from laissez-faire to welfare state, reflecting their active participation in determining wage structures and addressing workers' issues.
• Several factors impact industrial relations, including institutional factors (like labour laws), social factors (like caste systems), economic factors (types of ownership), political factors, global factors, technological factors and psychological factors.
• Industrial democracy emphasizes employee participation in management decisions.
• The role and impact of trade unions, and their involvement in the legislative processes are of importance.
• There are methods for conflict resolution such as arbitration and conciliation, as well as issues of employee dismissal, and the circumstances that justify it (misconduct, and more).
• Legislation concerning labor rights has been increasingly important and relevant to resolving conflicts for worker rights, and safeguarding employees.

Labour Laws - Wage Structure

• Wages are a form of remuneration for labour.
• The theories of wage structure, such as subsistence, standard of living, and residual claimant, describe how wages are determined.
• Minimum wage, fair wage, and living wage are considered in context of India and ILO conventions.
• Wage structures are determined by market forces, productivity, wage rates in similar occupations and the entire economic framework.
• Bonus systems are supplemental and may be tied to performance or output.
• India has employed various committees to examine and determine bonus structures, and social policy.

Labour Laws - Social Security

• Social security schemes aim to provide protection for workers and family.
• Concepts like joint-family provision and social security in various forms are examined.
• Social security programs and schemes in the public sector and private sector, from employment benefits to old-age pensions to social insurance and welfare measures, are discussed.
• Several programs designed for the protection of citizens/workers are described.

This quiz explores significant events and legislation related to labor conditions in India during the early 20th century. It covers important acts, conferences, and the evolution of trade unions amidst socio-economic challenges. Test your knowledge about the Royal Commission on Labour and the formation of various labor organizations.