Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related labor laws . In today’s blog post, we aim to shed light on the prevailing issues surrounding labor laws, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
In India, labor laws primarily focus on regulating standard forms of employment, such as regular employment contracts, permanent positions, and traditional employer-employee relationships. However, there are non-standard forms of employment that have emerged in recent years due to changing economic dynamics and the gig economy. These non-standard forms of employment often raise questions about labor rights and job security. Here are some examples:
- Gig Workers: Gig workers are individuals who work on a project-to-project basis or provide services through digital platforms or apps. They are often considered independent contractors rather than employees. India has started recognizing gig workers under various laws, including the Code on Social Security, 2020, which extends certain social security benefits to gig workers.
- Fixed-Term Employment: The Industrial Employment (Standing Orders) Act, 1946, allows employers to hire workers on a fixed-term basis for specific projects or seasonal work. This form of employment offers less job security compared to regular employment.
- Contract Labor: Contract laborers are employees who work under contractors hired by a principal employer. The Contract Labor (Regulation and Abolition) Act, 1970, governs the working conditions and rights of contract laborers.
- Casual Labor: Casual laborers are typically employed for irregular or intermittent work and do not have job security or benefits like regular employees.
- Apprenticeship: Apprenticeship programs provide individuals with on-the-job training and work experience while learning a trade or skill. The Apprentices Act, 1961, regulates these arrangements.
- Temporary Workers: Some businesses hire temporary workers for short periods to address seasonal demands or workload fluctuations. They may not receive the same benefits as regular employees.
- Outsourced Workers: Many companies outsource certain functions, such as security, cleaning, and maintenance, to third-party service providers. The rights and conditions of these workers are governed by various labor laws.
- Piece-Rate Workers: Piece-rate workers are paid based on the number of units produced or tasks completed. They often lack fixed salaries and may not receive benefits like regular employees.
- Platform Workers: Platform workers are individuals who provide services through online platforms, such as ride-sharing, food delivery, and freelancing websites. India has been working on recognizing and regulating the rights of platform workers.
It’s important to note that the labor laws in India have undergone significant changes in recent years, with the introduction of labor codes aimed at simplifying and consolidating various labor laws. These codes include the Industrial Relations Code, the Occupational Safety, Health, and Working Conditions Code, and the Social Security Code, among others. These codes seek to provide a more comprehensive framework for addressing labor-related issues, including those affecting non-standard forms of employment. However, the specific implementation and enforcement of these laws may vary, and workers in non-standard employment arrangements may still face challenges in securing their rights and benefits. We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to labor laws .
Written By- Arti Mudgil