Labour Laws
REPORT OF THE WORKING GROUP ON “LABOUR LAWS & OTHER REGULATIONS” FOR THE TWELFTH FIVE YEAR PLAN (2012-17)
MINISTRY OF LABOUR & EMPLOYMENT Z-20025/9/2011-Coord
CONTENTS
Sl. No. 01. 02. 03. 04. 05. Preface Introduction
SUBJECT
Page No. 1 2 2–3 3–7 7 – 11
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
06.
12 – 21
07.
21 – 31
08.
32 – 68
PREFACE
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
MINISTRY OF LABOUR & EMPLOYMENT Z-20025/9/2011-Coord
CONTENTS
Sl. No. 01. 02. 03. 04. 05. Preface Introduction
SUBJECT
Page No. 1 2 2–3 3–7 7 – 11
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
06.
12 – 21
07.
21 – 31
08.
32 – 68
PREFACE
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