Introduction
India’s labour laws have developed over time to reflect the country’s shifting social and economic landscape. The Indian Factories Act, the first labour legislation in India, was enacted in 1881 to control working conditions in factories. Since then, several laws and rules have been put into place to safeguard workers’ rights and guarantee ethical and just employment practises.
The COVID-19 pandemic, however, has had a substantial influence on India’s labour market, resulting in numerous job losses, decreased salaries, and increasing economic instability for employees. The pandemic has brought attention to the vulnerabilities of workers in the unorganised sector, who frequently lack social security and are not protected by labour laws.
Initiatives taken by government to tackle the issue
In order to aid workers during the pandemic, the Indian government has implemented a number of initiatives, including cash transfers, food assistance, and employment promise initiatives. However, these actions have come under fire for not doing enough to address the severity of the situation, especially for workers in the unorganised sector. The adoption of new labour code is a significant change to labour laws following the pandemic. The Code on Wages, the Industrial Relations Code, and the Occupational Safety, Health, and Working Conditions Code are three labour codes that the Indian government passed in September 2020 with the goal of streamlining and combining current labour laws while enhancing worker protection.
For instance, the Code on Wages establishes the minimum wage at the national level and ensures that all workers are paid accurately and on time. Contrarily, the Industrial Relations Code strengthens workers’ rights to organise unions and participate in collective bargaining while also giving companies more latitude in hiring and laying off employees.
By outlining steps to stop accidents and injuries at work, the Occupational Safety, Health, and Working Conditions Code attempts to safeguard the safety and wellbeing of employees. Additionally, it requires that all establishments include first aid stations, bathrooms, and other necessities like canteens. Both labour organisations and industry experts have praised the revised labour laws. Shashi Bhushan Pandit, general secretary of the Indian National Trade Union Congress, commented on the codes, stating that “it is a significant step towards streamlining the complex labour laws that existed in India.”
There have been a number of measures to advance the rights of workers in the gig economy in addition to the new labour standards. The gig economy, which includes platform-based jobs like food delivery and ride-hailing, has expanded quickly in India in recent years, but labourers in this industry frequently lack the protections enjoyed by regular employees.
The Indian government created a social security programme for gig workers to solve this problem and provide them with access to health, life, and disability insurance. A model gig worker code of conduct, which outlines standards for ethical and reasonable hiring procedures in the gig economy, has also been created by the government. Additionally, there has been an increased emphasis on the value of education and skill development in preparing people for the shifting nature of employment in a post-pandemic society. The National Skill Development Mission and the Skill India Mission are two of the government’s recent efforts that aim to offer training and certification programmes for employees in a variety of areas.
Although these advancements in labour legislation and efforts are encouraging steps, much more has to be done to guarantee the protection and empowerment of employees in India. The enforcement of labour rules, which can be lax in some regions of the nation, is one issue that needs attention. Additionally, more money has to be put into technology and infrastructure to assist entrepreneurship and job growth.
Cases highlighting problem faced by labours.
There have been several cases in India highlighting the problems faced by laborers post-COVID. Some of them are:
1. State of Maharashtra v. Indian Hotel and Restaurant Association: The case was related to the non-payment of wages to workers by hotel and restaurant owners during the lockdown period. The court directed the employers to pay at least 50% of the wages to the workers for the period of the lockdown.
2. National Campaign Committee for Central Legislation on Construction Labour v. Union of India: The case was related to the violation of labour laws by construction companies during the lockdown period. The court directed the government to ensure that the labour laws are strictly implemented and the workers are not exploited.
3. In Re: The Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals: The case was related to the poor working conditions of healthcare workers during the pandemic. The court directed the government to ensure that the healthcare workers are provided with necessary protective equipment and the hospitals are equipped with necessary facilities to handle COVID-19 patients.
These cases highlight the challenges faced by laborers during the COVID-19 pandemic and the need for the government and employers to take necessary steps to protect their rights and welfare.
Conclusion
In conclusion, the COVID-19 pandemic has had a significant effect on the labour market in India, underlining the vulnerabilities of employees in the unorganised sector and the demand for reforms in labour laws and regulations. Although the government has put in place measures to aid workers, more needs to be done to guarantee the creation of jobs and sustainable livelihoods for everyone. Building a more robust and inclusive labour market in India would require reforms that encourage labour market flexibility, streamline labour rules, and invest in education and skill development.
Sources:
- “Labour in post-pandemic India” by Pulak Ghosh, Economic Times, March 14, 2021.
- “India’s labour laws need reform, but not at the expense of workers” by Ajit Ranade, The Print, October 6, 2020.
- “Why India’s labour laws need reform” by Rohan Seth, Hindustan Times, May 30, 2020.
- “New Labor Codes in India: A Step Towards Better Compliance and Ease of Doing Business,” International Labour Organization, 2020, https://www.ilo.org/wcmsp5/groups/public/—asia/—ro-bangkok/documents/briefingnote/wcms_755147.pdf.
- Code on Wages, 2019: A Pathbreaking Reform,” The Economic Times, August 7, 2019, https://economictimes.indiatimes.com/news/economy.
- Indian Hotel & Restaurant Assn. (AHAR) v. State of Maharashtra, (2019) 3 SCC 429.
- National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) v. Union of India, (2018) 5 SCC 607.
- The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals, In re, 2020 SCC OnLine SC 1060.
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