Author : Priyadharshini, Government Law College, Villupuram, Tamil Nadu
To the point
The employment law is the law which includes the rights and relationship between employer and employee,the employment law is also known as labour law. if any business has more than one employee, then the business comes under the employment law ,every individual workers has the employment right ,while hiring ,firing,promoting,compensating the employees in the workplace there is no discrimination ,race,color, religion , sex or national origin under the federal statute included as a part of the civil rights Act,1964.The employment law is so important to the workers to protect their rights in various aspects of their work lives ,it includes hiring, wages,benefits ,workplace safety and protection against harassment and discrimination.The employment law is needed mostly to the womens at workplace because there are so many sexual harassment to the womens at their working place by their co-workers or managers or employer. The challenges of employment law in India ia contract labour that is the trade union plans to remove the concept of contract labour and the other challenges in india of employment law is labour administrations that is poor management practices,weak labour ministry mandate ,leads to labour errors. And the challenges of employment law globally that is maternity benefits ,the employers terminate the womens during their maternity holiday it violate the law and also the employers deny the maternity benefits to the womens, and the main important thing of the employees under the working hours at the workplace ,the working hours is also one of the right of the employees .the standard working hours of india ,as governed by the Shops and establishment Act (SEA) and Factories Act,1948 that is 9 hours per day or 48 hours per week and also it includes a one hour meal or rest break , the working hours is different for the minor employees and they strictly prohibited from the working more than four and a half hours per day.
Abstract
This article mainly discuss about the employment law which includes hiring ,firing ,rights of the employees under employment law, there are so many laws came to protect the employees at the workplace ,especially to protect the womens sexual harassment at the workplace and safety of the employees ,challenges of the employment law in India and globally and the womens rights at the workplace that maternity benefits etc and the constitutional provisions related to the employment law and the recent trends of the employment law is that labour law reforms that the recent codes are intended to simplifying and consolidating existing labour laws
and working hours of the adult employees and the minor employees .these matters were discussed about in this article .
Use of Legal Jargon
Current employment laws are The Code on Social Security 2020, it expands the social security benefits to all the workers , including platform workers and gig workers. Occupational Safety
,Health and Working Conditions Code 2020,it improves the workplace ,enhances the job security and safety. Industrial Relations Code 2020,it regulates industrial relations. Code on Wages 2019,it ensures that all workers receive minimum wages and are paid on time.the constitution also recognizes that labour is a concurrent subject ,which means that both the Union and State governments can make laws and administer labour matters. Article 14 says about the Right to Equality it ensures that both the men and women are treated equally at the workplace , and also states that all people are equal before the law. Article 15 says the state does not discriminate against citizens . Article 16 says about the states that all person have equal opportunity for employment .Article 19(1)(c) ,23 ,24 says the prohibition of child labour under 14 years old in factories,mines,and others hazardous employment and the Article 42, 43 etc.. and the Factories Act 1948 it ensures the working hours ,health,welfare , safety and leave . The Payment of Wages Act 1936 requires workers to be paid on time and without unauthorised deductions.The Minimum wages Act 1948 this act sets the minimum wages for different regions and industries . Industrial disputes Act 1947 to improve industrial relations by normalizing procedure for union registration ,strike regulations , dispute resolution ,The trade unions Act 1926,The equal Remunerations Act 1976 etc.under these Acts the employees gets more rights and safety at the workplace.
The proof
The labour laws in India is the Factories Act 1948 ensures the working hours ,health,welfare , safety and leave . The Payment of Wages Act 1936 requires workers to be paid on time and without unauthorised deductions.The Minimum wages Act 1948 this act sets the minimum wages for different regions and industries . Industrial disputes Act 1947 to improve industrial relations by normalizing procedure for union registration ,strike regulations , dispute resolution.
The trade unions Act 1926,The equal Remunerations Act 1976 etc.under these Acts the employees gets more rights and safety at the workplace.the new laws in India is to improve the safety ,benefits etc.. The Code on Social Security 2020, it expands the social security benefits to all the workers , including platform workers and gig workers. Occupational Safety ,Health and Working Conditions Code 2020,it improves the workplace ,enhances the job security and safety. Industrial Relations Code 2020,it regulates industrial relations. Code on Wages 2019,it ensures that all workers receive minimum wages and are paid on time.
Case Laws
Vishaka and ors v. state of Rajasthan and ors (1997)
In the case of vishaka and ors v. state of rajasthan ,the supreme court of India to protect the womens from the sexual harassment at workplace, the established the set of guidelines and the guidelines were created after the Banwar Devi,a social worker who was gang-raped in front of her husband
Apparel Export Promotion council v. A.K chopra (1999)
In this case of apparel export promotion council v.a.k chopra ,The supreme court of india held that the punishment was commenced with the gravity of chopra’s behaviour and also ruled that the lenient action would demoralize working women.
People’s union for Democratic Rights v.Union of India (PUDR V.UOI) ,1982
In this case of people’s right for democratic rights v. union of india ,the court held that is a significant ruling that addressed worker’s right , establishing clear laws regarding minimum wages and working conditions.
Conclusion
Due to introduction of four new codes will be more beneficial to the employees and we can expect more changes to the employment law in upcoming days due to technological advancement .the employment law must continuously evolve to address the changing nature of work and ensure fairness and protection for employees.As technological advancements reshape industries ,it is essential to adapt regulations to safeguard employee’s rights in emerging areas like remote work ,automation,gig economy,and data privacy.
FAQS
which law is protecting womens from sexual harassment at workplace ?
Prevention ,prohibition and redressal Act ,2013 protect the women at workplace from sexual harassment and this law not only applies to womens alone it also applies to many types of employees ,domestic workers , temporary ,regular ,and contract workers.
Why Employment Law is needed ?
The employment law is important to the every individual workers because it protect the workers right , safety at workplace and guarantee fair treatment
Who can be beneficial under employment laws ?
The person who is working as a labour in any industry ,factory or any other shops etc that persons can beneficial under the employments laws
