INHUMANITY INSIDE WORKPLACE AGAINST LABOURS

INHUMANITY INSIDE WORKPLACE AGAINST LABOURS

Author : Prapti Derasari

“Work is not man’s punishment. It is his reward and his strength and his pleasure.” –Deorge Sand

Introduction :

Before going into the development and various implementations regarding labour law, I would like to start my article by mentioning that under Article. 14 of Indian Constitution –

Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of Indian Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. The above lines clearly say that each and every person is or will be equally treated. If A. 14 say’s about equality, then what is the need of implementing the labour laws? Constitutional Law of India Indian Evidence Act, Indian Penal Code, etc. are the various different laws which are meant for the persons who are committing offence or for development, but I can’t stop these by telling that this sections and articles are just kept inside bookish knowledge, not a single act has helped giving proper justice.

Earlier, there was no labour laws, labour laws starts existing since from 1940. In our country, we found so many different people are existing, like some are poor, medium, and rich. Generally, the rich and medium class people are highly educated and more qualified. Thus, as a result poor people works more in factories, construction sites or cleaning drainage. But slowly the various issues regarding workers and labourers starts becoming victims of various incidents and as a result, there poor families especially their children suffer a lot. Looking at all these aspects into details, the labour laws were started implementing.

Much More Expressive:

“Labour” means work, especially physical work or the ones who work hard; make great effort or the ones have difficulty in doing something despite working hard. Our country has developed so fast from least developed country towards developing country. This cant be possible without our legends i.e. our labourers. Not a single high-class doctors, lawyers or engineers or any other person can do the work on behalf of labourers or workers. But at the end of the day, they must suffer the most. The workers are facing uncountable problems. Earlier, only male workers were used to work, but gradually females workers started helping them. Hence now females workers are equally important as compared to male workers. Female workers were becoming victims of physical harassment and rape. But due to high power of culprit, female workers start compromising and ignored to report FIR. Workers suffers a lot ate the time of maintenance. There are so many female workers who are continuing their work during maternity periods. Approximately six weeks of holiday are given before and after their pregnancy. Workers must work day and night to earn fair wages. Workers has to suffer a lot, and become victims of torture, cruelty, harassment, negligence, etc. the places at which workers sleep and take rest is also not maintained properly, as a result they suffer from harmful disease. Moresoever, workers suffer a lot from accidents that took place in factories by negligence of owners and as a result they loss there limbs permanently and not even proper treatments are provided. At last they lost their jobs.

Worker’s live their life by earning on day to day wages and by suddenly losing jobs is like stop eating food from that day onwards. They also have to suffer from getting low compensation and pension. It does not mean that they have not raised their voice for justice, just that we people were not heard their voice. Slowly & steadily the things are becoming developed. There are so many Acts and Amendments which are for the workers and for their welfare. 70% of our total labour workers are still not aware about their rights. Let us see some of the laws-

The development in labour laws was first started in Factories Act, 1948. The law relating to conditions of work in factories and establishments are divided into General Laws and Specific Laws. Labour legislation in any country should be based upon –

• Social justice
• Social equity
• International uniformity
• National economy

The Factories Act, 1948:

Scope: for protection to human beings from long hours of work, safety of the workers, healthy and sanitary conditions in the work place, prevention on accidents on machines, control on working to be regulated by Inspectors of State Government. The act describes details about the inspecting staff which are Certifying Surgeons, Welfare Officers, Safety Officers, etc.

Chapter III of the Act deals with the following aspects:

HEALTH

Cleanliness, disposal of waste and affluent, ventilations and temperature, dust &fume, artificial humidity, overcrowding.

SAFETY

Fencing of machinery, work on or near machinery in motion, striking gear and devices for cutting of power, self-acting machines, casing of new machinery, prohibition of employment of women and children near cotton, hoist and lifts, lifting machines, chains, ropes and lifting tackles, safety measures in case of use if revolving machinery

WELFARE

Washing facilities, facilities for storing and drying clothes, facilities for sitting, first-aid appliances, canteens, shelter rest room, lunch rooms, creches, welfare officers, power to make rules.

WORKING HOURS

Weekly hours: As per Section 51 weekly hours should not exceed till 48 hours. Section 52 every first day of week is declared as weekly holidays. Section 52 deals with compensatory holidays. Daily hours: not more than 9 hours per day. Interval for rest: after every four and half hours, rest of one hour is applicable. Section 56 deals with spread over. Section 57 deals with night shifts. Prohibition of overlapping shifts, extra wages for over time, restriction on double employment (Section 60) includes here. If anybody contravenes any of the section than that person is liable for punishment and penalties which has been mentioned in S 93 to S 119. Other acts which are amended for labours are:

The Employees Compensation Act, 1923

The Industrial Disputer Act, 1947

The Employees State Insurance Act, 1948

The Child Labour Act, 1986 

The Payment of Bonus Act, 1965

The Payment of Wages Act, 1936

The Minimum Wages Act, 1948

The Maternity Benefit Act, 1961 (& many more)

Conclusion:

Stop labour cruelty and give them respect.

“Until we have the courage to recognize CRUELTY for what it is -whether its victim is HUMAN or ANIMAL – we cannot expect things to be much better in this world. We cannot have PEACE among men whose hearts delight in killing any living creature. By every act that glorifies or even tolerates such MORONIC DELIGHT IN KILLING, we set back the PROGRESS OF HUMANITY.”