MINISTRY OF LABOUR & EMPLOYMENT Z-20025/9/2011-Coord
Sl. No. 01. 02. 03. 04. 05. Preface Introduction
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Historical background Constitutional frame work Legislative Initiatives Recently Taken/ Proposed to be Taken Views of the Stake Holders on Labour Laws Recommendations of the Working Group Annexures – I, II, III and IV
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Labour laws constitute an essential component of Labour Policy in India aimed at imparting certain basic rights to workers as enshrined in our Constitution. I am happy to note that for the Twelfth Five Year Plan (2012-17), the Planning Commission constituted a Working Group on this important subject of Labour Laws & Other Labour Regulations. Labour law reforms are an ongoing and continuous process and the Government has been introducing new laws and amending the existing ones in response to the emerging needs of the workers in a constantly dynamic economic environment. It therefore becomes imperative that before the beginning of the next Plan we take stock and identify thrust areas for further reforms. Taking the benefit of a large number of recommendations made by various Commissions and Committees in the past and also the rich inputs given by the members of the Working Group, the Report has framed a set of recommendations to indicate the way forward. It is hoped that these would be useful for the formulation of the Twelfth Five Year Plan. I appreciate the efforts put in by the Convener of the Working Group Dr. Vinita Kumar, Shri K.M. Gupta, Economic Adviser, Dr. Onkar Sharma, Senior Fellow, V.V. Giri National Labour Institute, Officers and Staff of Coordination Section of the Ministry of Labour & Employment, who were instrumental in organizing meetings and preparing the report. I would also like to convey my sincere thanks to all the Members of the Working Group for their fullest cooperation and for giving invaluable suggestions to improve the plight of workers in a manner that should hopefully promote greater inclusive growth on a sustainable and long term basis in the coming years. ( P.C. Chaturvedi ) Secretary Ministry of Labour & Employment
REPORT OF THE WORKING GROUP ON LABOUR LAWS & OTHER LABOUR REGULATIONS FOR THE TWELFTH FIVE YEAR PLAN (2007-12) **** **** I Introduction
The Planning Commission, vide its Order No. Q-20017/4/2011-LEM/LP dated 26.04.2011 constituted a “Working Group on Labour Laws & Other Labour Regulations” under the Chairmanship of Secretary (Labour & Employment). The composition and the terms of reference of the Working Group is enclosed as Annexure-I.
The Working Group met on 30.05.2011, 27.07.2011 and 20.08.2011 to deliberate on the existing labour laws and the need for review of these laws in order to protect the interest of workers more effectively while at the same time promoting growth of industry, employment and productivity of workers in a healthy and harmonious work environment. The minutes of these meetings are placed at Annexure-II, III and IV, respectively. II Historical Background of Labour Policy & Labour Laws India’s Labour Policy is mainly based on Labour Laws. The labour laws of independent India derive their origin, inspiration and strength partly from the views expressed by important nationalist leaders during the days of national freedom struggle, partly from the debates of the Constituent Assembly and partly from the provisions of the Constitution and the International Conventions and Recommendations. The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter-III
(Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and...