RIGHTS OF LABOUR IN INDIA

Arghyadip Sen
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Abstract

In a labour-intensive country like India, where more than 90 percent of the 450 million-strong labour force work in the informal sector with low wages, no social security, no bonuses, and some are even deprived of fundamental rights guaranteed by the Indian constitution due to illiteracy and poverty even though such workforce is considered as the backbone of the economy. In India, workers' fundamental rights have traditionally been governed by a plethora of labour laws, many of which overlap and are regulated by a broad range of authorities. The approach has generally been that of compliance while placing little emphasis on the employers' duty to improve labour conditions for a significant portion of the workforce. In this paper, the details of the rights that workers in India enjoy under the "Indian Constitution" as well as the 27 laws passed by the central government that have now been optimized and codified into four labour codes that are universally applicable within the Indian borders are discussed. This study seeks to discover every improvement in labour rights brought by the government or by the Hon'ble Supreme Court, High Courts and tribunals through their judgements over the years. In India, both central legislations and the constitution provides to protect labour rights and eliminate exploitation. Most workers are unaware of the rights that have been developed specifically for them to protect their interests. This paper attempts to compile all of the laws and provisions that a worker should be aware of.
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印度的劳工权利
在印度这样的劳动密集型国家,4.5亿劳动力中有90%以上在非正规部门工作,工资低,没有社会保障,没有奖金,有些人甚至因为文盲和贫困而被剥夺了印度宪法保障的基本权利,尽管这些劳动力被认为是经济的支柱。在印度,工人的基本权利传统上由过多的劳动法管辖,其中许多法律重叠,由广泛的当局监管。这种做法通常是遵守规定,而很少强调雇主改善相当一部分劳动力劳动条件的责任。在本文中,讨论了印度工人在“印度宪法”下享有的权利的细节,以及中央政府通过的27项法律,这些法律现已被优化并编纂成四部劳工法典,在印度境内普遍适用。这项研究旨在发现政府或最高法院、高等法院和法庭通过多年来的判决所带来的劳工权利的每一项改善。在印度,中央立法和宪法都规定保护劳工权利和消除剥削。大多数工人不知道专门为保护他们的利益而制定的权利。这篇文章试图整理所有的法律和规定,一个工人应该知道。
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