Hi,
I have to submit a report on the topic-'The role of Judiciary in shaping labor policy'. Since I am a first year student of MBA in HR, my knowledge in this field is quite limited. It would be great if someone could give few pointers on this topic since the info on the net is quite dispersed. I would then be able to dig deep on the mentioned points. Also please suggest some sites where I can read about labor laws and IR and the latest happenings in these fields.
Thank You.
From India, Mumbai
1I have to submit a report on the topic-'The role of Judiciary in shaping labor policy'. Since I am a first year student of MBA in HR, my knowledge in this field is quite limited. It would be great if someone could give few pointers on this topic since the info on the net is quite dispersed. I would then be able to dig deep on the mentioned points. Also please suggest some sites where I can read about labor laws and IR and the latest happenings in these fields.
Thank You.
From India, Mumbai
In the first place, "the labour policy" of any country depends upon its polity. In a democratic form of government, all policies are spelt out in the respective constitution of the State. Apart from this, the Labour Standards propounded by the International Labour Organization from time to time also play a vital role in shaping the labour policy of any country whether it is a member of the ILO or not because of the conditions stipulated in various International Trade Agreements between the countries. Coming to our own Constitution in this context, as stated in the Preamble, India is constituted into a Sovereign, Socialist Secular Democratic Republic to secure to all its citizens, inter alia, justice, social, economic and political. Social and economic justice can not be possible without ensuring relatively decent standards of living to the working class of both organized and unorganized sectors of employment by securing living wages, humane conditions of employment including right to association for the purpose of collective bargaining, social security and the like in tune with the changing economic scenario. The fundamental rights and the directive principles of State policy of our Constitution lay down the basic principles for the formulation of labour policy of the Government through the means of appropriate legislations. When difficulties of ambiguity or inconsistency arise in the scheme and content of such legislations the Judiciary interprets them in the light of Constitutional intent and purpose or strikes down them to the extent of inconsistencies noticed. So, to ascertain the contribution of the Judiciary in shaping the labour policy, better go through the land-mark judgments under the Industrial Disputes Act,1947, Contract Labour (R&A) Act,1970, Payment of Gratuity Act,1972 etc.
From India, Salem
From India, Salem
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