::DRAFT LABOUR CODE::
There are various labour laws for regulating employment and conditions of service of workers. These laws also provide for maintaining registers and furnishing returns to the concerned enforcement authorities. 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 Directive Principles of State Policy. But according to some analysts labour laws has become a hinderace in the growth of industries in the country. Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislations. There are 45 different national- and state-level labour legislation in India. Important among those are-
The Industrial Disputes Act, 1947.
The Child Labour (Prohibition and Regulation) Act, 1986.
The Factories Act, 1948
TheTrade Unions Act, 1926
The Apprentices Act, 1961
It was framed pursuant to the recommendations of the 2nd National Commission on Labour. It was done with a view to simplify, rationalize, consolidate, and amend the laws relating to social security of workforce. Currently there are total fifteen Labour Laws including Employees' Provident Fund Act, Employees' State Insurance Act, Maternity Benefit Act etc. Ministry had proposed to replace these Labour laws with the four codes.
Salient features
Four codes to replace all the existing laws are codeof wages, code of Industrial relations, Code on Social Security & Welfare and Code on Occupational Safety, Health & Working Conditions
Employer means the employer of any entity that employs an employee oremployees, either directly or through contractors.
It is applicable to any person who is employed for wages by the entity, International workers and Indian workers outside who wants to become a member under this code.
Draft Code is not applicable to such class of workers that has been specified in Part - II of the First Schedule
Draft code covers the workers from Organised as well as Unorganized Sectors of Employment.