Page 11 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 2. The principle of social welfare covers: development of childhood, opportunity of education,
conservation of womanhood and improvement of environment.
3. The principle of national economy is concerned with development of industry, control of
working conditions, regulation of wage payment and social insurance.

4. The principle of international solidarity has been explained in terms of the compliance of
the provisions of Conventions and Recommendations adopted by ILO.
On the basis of a study of the objectives behind the enactment of labour laws in a global
perspective, certain generalizations may be drawn in respect of the principles. These principles
of labour legislation may be classified and explained as follows:

1.5.1 Principle of Protection

The principle of protection suggests enactment of labour legislation to protect those workers
who are to protect their interests on their own and also workers, in particular industries against
the hazards of industrial process. The workers lacking organized strength were not in a position
to raise an effective voice against their hardships and sufferings.
As industrialization spread, a large number of factories with varying processes and products
came to be set up. These created new hazards for the workers. Some of the areas where legislative
protection in factories and other industrial establishments was needed included: health hazards,
unsanitary and strenuous physical working conditions, long hours of work, low wages,
malpractices relating to mode and manner of wage-payment, insufficient leave and holidays,
exploitation of children of tender ages and women, and others. The minimum wage and payment
of wages legislations also seek to protect workers in matters concerning wages.

Example: Protective labour laws in India are:- Factories Act, 1948; Mines Act, 1952;
Plantation Labour Act, 1951; Child Labour (Prohibition and Regulation) Act, 1986; Beedi and
Cigar Workers, (Conditions of Employment) Act, 1966; Contract Labour (Regulation and
Abolition) Act, 1970; Payment of Wages Act, 1936 and Minimum Wages Act, 1948.

1.5.2 Principle of Social Justice

The principle of social justice implies establishment of equality in social relationships. It aims at
removing discrimination suffered by particular groups of labour. The disabilities and
discrimination suffered by slaves, serfs, indentured and migrant labour, bonded labour, etc. is
well-known. Discrimination against women workers when compared to their men counterpart,
in matters relating to wages and other terms and conditions of employment, has continued till
date. The preamble to the constitution of ILO recognises that "universal and lasting peace can be
established only if it is based upon social justice" and its Philadelphia Charter of 1944 asserts,
"All human beings, irrespective of race, creed or sex, have the right to pursue both their material
well-being and their spiritual development in conditions of freedom and dignity, of economic
security and equal opportunity". The Indian Constitution has prohibited discrimination on the
basis of caste, race, sex and religion. The Constitution also abolishes 'untouchability' in any
form and prohibits beggars and forced labour. The Directive Principles of State Policy also
direct the state to strive to promote the welfare of the people by securing and protecting a social
order in which justice - social, economic and political, shall inform all institutions of the national
life.

Example: Labour laws enacted keeping in view the principle of social justice are: Indian
Slavery Act, 1843; Equal Remuneration Act, 1976; Bonded Labour System (Abolition) Act, 1976
and Contract Labour (Regulation and Abolition) Act, 1970.

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