Protecting the Rights of Workers in India

24 January, 2025

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Introduction

Protecting the rights of workers has long been a priority, and the legal and judicial frameworks have evolved over time to ensure fair treatment. However, despite these efforts, workers in India still face challenges related to exploitation, unsafe working conditions, unfair wages, and other forms of mistreatment. Some of the important employee rights include employment agreements, salary and bonus on a regular basis, right to a safe and healthy environment, right to fair wages, gratuity, provident fund, protection from sexual harassment, leaves and vacations (casual leaves, paid leaves, sick leaves, privilege leaves, leave without pay, compensatory leave, maternity leave, and paternity leave), and notice period. In this article, we will delve into India’s legal frameworks to protect the rights of workers.

Legal Framework Governing Employment

India’s legal framework governing employment is a complex web of statutes, codes, and regulations aimed at safeguarding worker rights. Some of the laws enacted by the Indian government for employment purposes are illustrated as follows:

The Industrial Disputes Act, 1947: The main aim of this Act is “to make provision for the investigation and settlement of industrial disputes and for certain other purposes.” It ensures that workers are not arbitrarily terminated or subjected to unfair conditions. The Act regulates layoffs, retrenchments, and closure of establishments. Also, it covers industrial activities such as lockouts and strikes.
The Factories Act, 1948: This Act ensures that workers employed in factories are provided with adequate safety, health, and welfare measures. Overall, it aims “to consolidate and amend the law regulating labor in factories.”
The Minimum Wages Act, 1948: The primary motive of this Act is “to provide for fixing minimum rates of wages in certain employments,” ensuring that workers are paid a wage that covers their basic living needs.
The Maternity Benefit (Amendment) Act, 2017: This Act was enacted to further amend the Maternity Benefit Act of 1961 which aims to “regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits.” The enactment of this Act increased paid maternity leave from 12 to 26 weeks for the first 2 children. Also, it introduced a ‘work from home’ option for mothers after the expiration of maternity leave.
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952: It aims “to provide for the institution of provident funds, pension funds, and deposit-linked insurance funds for employees in factories and other establishments.” This legislation mandates the creation of a provident fund for employees, contributing a portion of their salary toward long-term savings and retirement benefits.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This Act aims “to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business with includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June 1993 by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.”
The Payment of Gratuity Act, 1972: This Act aims “to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto.” It ensures that workers who have completed a minimum of 5 years of service with an employer are entitled to a gratuity payment upon their departure, whether through resignation, retirement, or termination.

Recently, the government has also made efforts to address issues relating to work practices for people with disabilities. It introduced, the Rights of Persons with Disabilities Act, 2016, which aims to “give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.” Moreover, the Indian judiciary has played a crucial role in interpreting and expanding the scope of workers' rights through its judgments on matters relating to the rights of employers or workers.

Conclusion

Protecting the rights of workers in India is fundamental to ensuring social justice and economic equality. With a robust legal framework and a proactive judiciary, workers in India have a strong foundation upon which to build their rights. However, challenges persist, especially among vulnerable groups in the informal sector. For India to fully protect its workforce, there must be continued efforts toward enforcement, education, and inclusive reforms that adapt to the changing nature of work. Only then can India truly ensure that every worker is treated with the dignity, respect, and fairness they deserve.