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Thu Apr 24, 2025
Approach:
Introduction:
Begin by establishing the ethical and constitutional foundations of labour laws in India. Highlight their role in advancing social welfare and justice as envisioned by the Directive Principles of State Policy.
Body:
1. Link Labour Laws with Social Welfare:
Explain how key constitutional provisions (Articles 38, 39, 41, 42, 43) guide labour legislation. Illustrate with major welfare-oriented acts like the Minimum Wages Act, EPF, ESI, and Maternity Benefit Act.
2. Highlight Recent Employment Trends:
Analyze transformations in the workforce, including gig work, informalisation, contractualisation, and hybrid work models, using statistics from NITI Aayog, PLFS, and NASSCOM.
3. Discuss Need for Legal Adaptation:
Evaluate emerging reforms like the Labour Codes, e-Shram portal, recognition of gig workers, and gender-inclusive policy measures. Mention implementation gaps and federal efforts like Rajasthan’s gig welfare scheme.
Conclusion:
Emphasize the urgency of making labour laws inclusive, future-ready, and aligned with the changing world of work to ensure social security and dignity for all.,
Introduction
Labour laws in India are essential tools for achieving social welfare and justice. They aim to protect workers from exploitation, ensure fair working conditions, and provide social security. Rooted in the Constitution's Directive Principles of State Policy, these laws are ethically and legally aligned with the vision of a just, equitable, and inclusive society. However, with the changing nature of work, India must revisit its legal framework to address emerging employment realities.
Body:
Labour Laws and Principles of Social Welfare
Indian labour legislation reflects a clear commitment to social justice, human dignity, and economic security, particularly for vulnerable sections of the workforce. The Directive Principles—Articles 38, 39, 41, 42, and 43—guide the state to secure a just social order, promote livelihood, ensure humane working conditions, and provide a living wage.
Key Laws and Welfare Functions:
-Minimum Wages Act, 1948: Protects workers from wage exploitation. According to the Ministry of Labour and Employment, over 30 crore workers have benefited from notified minimum wages across sectors.
-Employees’ Provident Fund (EPF) and Employees’ State Insurance (ESI): Over 27 crore workers are registered under the EPF scheme and 3.6 crore workers under ESI (as of 2022), ensuring social security in retirement, health, and emergencies.
-Maternity Benefit Act, 1961: Provides 26 weeks of paid leave. In 2021-22, over 6 lakh women availed benefits under this act through formal sector registration (EPFO).
-The Factories Act, 1948: Regulates working hours, safety, and conditions for over 10 million workers in registered manufacturing units.
These laws reinforce labour dignity, economic equity, and industrial peace, fulfilling both ethical and constitutional mandates.
Emerging Trends in Employment
India’s employment ecosystem is transforming rapidly due to technology, globalization, and changing work preferences. Key trends include:
1. Gig and Platform Work
As per NITI Aayog (2022), India had around 7.7 million gig workers in 2020–21, projected to grow to 23.5 million by 2029–30. These workers often lack employment contracts, health benefits, or insurance.
2. High Informality
Over 90% of India’s workforce is employed in the informal sector, according to PLFS 2021–22 (Periodic Labour Force Survey). These workers typically fall outside the protection of formal labour laws.
3. Contractualisation and Job Insecurity
Contract workers in the formal sector rose from 18.5% in 2010 to 35% in 2022, especially in manufacturing, showing a shift from permanent jobs to short-term, less secure employment.
4. Remote and Hybrid Work Models
A survey by NASSCOM (2022) found that nearly 70% of IT employees preferred hybrid models post-COVID, raising questions about work-life balance, productivity metrics, and employer accountability under current laws.
Need for New and Adaptive Labour Legislation
To remain effective and equitable, India’s labour laws must respond to these shifting dynamics.
1. Recognizing Gig Workers Legally
The Code on Social Security, 2020, for the first time, defines gig and platform workers and proposes a national social security board for their welfare. However, implementation remains pending. States like Rajasthan (2023) have taken the lead by announcing welfare schemes, including accident insurance for gig workers.
2. Simplification Through Labour Codes
The four new labour codes aim to consolidate 29 existing laws:
-Code on Wages
-Code on Industrial Relations
-Code on Social Security
-Code on Occupational Safety, Health and Working Conditions
While these promise uniformity and ease of compliance, critics argue they favour employers in areas like hire-and-fire norms and dilute collective bargaining rights. As of early 2024, only a few states have finalized the rules required for implementation.
3. Digital and Portable Benefits
Technological tools like e-Shram Portal (with over 29 crore registrations) aim to build a national database of unorganised workers and link them to welfare schemes. Future labour policy should leverage such platforms for targeted delivery of benefits.
4. Gender-Responsive and Inclusive Laws
Female labour force participation remains low at 32.8% (PLFS 2021–22). Stronger enforcement of maternity benefits, equal pay provisions, and prevention of workplace harassment is essential to build an inclusive labour market.
Conclusion:
India stands at a crossroads where its traditional labour framework must catch up with the realities of a fast-changing workforce. To ensure social justice and inclusive growth, labour laws must become adaptive, inclusive, and tech-ready—empowering every worker with dignity, protection, and opportunity in the evolving world of work.