Page 9 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes Other pieces of labour legislations enacted during the period such as the various
amendments to the Factories Act, the Workmen's Compensation Act, 1923, the Indian
Mines Act, 1923, the Indian Trade Unions Act, 1926, the Payment of Wages Act, 1936, the
Employment of Children Act, 1938, among others, have followed the British pattern.
Naturally, such excesses could not have continued for long without protest and without
demand for reforms.
3. Growth of Trade Unionism: The Trade Union movement which springs from industrial
revolution has been another factor that quickened the growth of labour legislations. On
the one hand, their demands for protection of the interests of the working class led to
legislations in the field of wages, hours of work, women's compensation, social security
and other areas; on the other hand, their growth necessitated legislations for the regulation
of industrial disputes, their prevention and settlement and trade union rights and privileges.
Trade unions have been as much conditioned by labour legislations as they have conditioned
them.
4. Political Freedom End of Colonial Rule and Extension of Adult Franchise: Gradual extension
and adoption of universal adult suffrage placed in the hands of the working class, a
powerful instrument to influence the cause of state policy. Their representatives started
espousing the cause of labour and getting progressive legislations passed. The workers
used their political powers for betterment and amelioration of their lots.
5. Rise of Socialist and Other Revolutionary Ideas: The exploitation of labour was inherent
in the capitalist economic system, so, the revolutionists advocated overthrowing the
capitalist system. The echo of the slogan, "the workers of the world unite, you have
nothing to lose but your chains", reverberating throughout the capitalist world, sent a
shudder among the conservative and capitalist circles to protective labour legislations
came as safe alternatives. They readily grasped labour legislations as antidote to the
spread of revolutionary ideas. The Fabian Society of England, the establishment of socialist
and communist parties in many countries and first and second internationals strengthened
the trend for progressive labour legislations.

1.3 Establishment of ILO

ILO, through Conventions and Recommendations, has undertaken the task of creating
international minimum standards of labour which constitute the International Labour Code.
They cover issues related to wages, hours of work, annual holidays with pay, minimum age of
employment, medical examination, maternity protection, industrial health, safety and welfare,
social security, freedom of association, right to organize and bargain collectively, employment
conditions of seamen and employment.
The ILO standards have influenced Indian Labour Legislations to a great extent. ILO standards
have formed the sheet-anchor of Indian Labour Legislations, especially after 1946 when Indian
National Government assured office. The Directive Principles of State Policy in Articles 39, 41,
42, 43 and 43A of the constitution, lay down policy objectives in the field of labour having close
resemblance and influence to the ILO Constitution and the Philadelphia Charter of 1944. Thus,
the ILO both directly and indirectly has had a great influence on the Indian Labour Scene and
Labour Legislation.

1.4 Nature of Labour Legislations

1. The labour legislations are the products of Industrial Revolution and they have come into
being to take care of the aberrations created by it. They are different from common
legislations, because they come to alleviate special disorders created by specific

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