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Paradigm Shift in The Labour Policy in India
Paradigm Shift in The Labour Policy in India
4th SEMESTER
TABLE OF CONTENTS
CHANAKYA NATIONAL LAW UNIVERSITY 1
I. TABLE OF CONTENTS...................................................................................... 2
II. ACKNOWLEDGEMENT.................................................................................... 3
V. INTRODUCTION................................................................................................. 6
VI. BACKGROUND………………………………………………………….. 7
XI. CONCLUSION…………………………………………………………………… 18
X. BIBLIOGRAPHY………………………………………………………………… 19
ACKNOWLEDGEMENT
I feel highly elated to present the Doctrinal Research on “PARADIGM SHIFT IN THE LABOUR
POLICY IN INDIA” which owes its very existence to a number of people without thanking
whom, I would fail to do proper justice to its original propounder.
I am indebted to my faculty of law of labour law, Mr. SC Roy for providing me with a
challenging & interesting project. I owe the credit of developing this project to him. Without
his guidance realization of this project would not have been possible. Thus I extend a sincere
heart-felt thanks, the ever helping Legal Language faculty of Chanakya National Law
University.
I would also like to thank my batch mates for the discussions that we had with them. All
these have resulted in the enrichment of my knowledge and their inputs have helped me to
incorporate relevant issues into my project.
DECLARATION
ROLL NO.-1307
RESEARCH METHODOLGY
Though this is an immense project and pages can be written over the topic but because of
certain restrictions and limitations I was not able to deal with the topic in great detail.
Method of Writing:
The method of writing followed in the course of this research paper is primarily descriptive.
Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research
paper.
Research Technique:
Sources of Data:
The following secondary sources of data have been used in the project-
1. Websites
2. Books
INTRODUCTION
Labour policy reforms in India are due for a long time, as the context in which they were
framed has changed drastically. The Laws framed mainly to cater the manufacturing sector,
do not address the problems of the service sector, which today, accounts for 55 per cent of
our GDP. The outdated and inflexible nature of labour laws protects a handful of say 6-7
percent of the workforce, seriously hampering employment generation capacity of the
organised sector and most of the 10-12 million youth joining labour force every year, are
CHAPTER-2
BACKGROUND
India’s growth story has remained incomplete as it did not match with the required
employment growth. During the period, 2000 to 2009 the Indian economy grew at an average
rate of 8 per cent but employment growth was rather sluggish as demonstrated by the
following table.
Year Annual GDP
This is for a variety of reasons but most important is India’s obsession with an archaic labour
policy that is keeping investors away, hindering employment growth and making Indian
enterprises uncompetitive. To circumvent the rigorous labour policies, companies are either
shifting their manufacturing bases to foreign countries or turning capital intensive, reducing
their manpower needs. Besides swelling unemployment, these measures are also pushing
people to the informal sector.
India is a labour surplus country with 47 million unemployed below the age of 24 years and
12-13 million youths joining the labour market every year. To avoid the growing
unemployment, India strongly needs labour intensive and labour friendly industries.
Most of the labour laws were enacted 40-70 years back, to address the then needs of
regulating the manufacturing sector. Today, service sector has taken the lead with 55% share
in the GDP. Labour Laws need to be reoriented to address the emerging needs of the service
sector and the new technology intensive manufacturing sector.
Besides, in a dynamic economic context, laws need to be reviewed from time to time to bring
them in tune with the changing needs of the economy, such as higher levels of productivity,
competitiveness and investment promotion.Viewed from this perspective, FICCI feels that
the following changes in labour laws are overdue and must be brought in to ensure
employment led growth.
.Chapter-3
Labour being in the concurrent list of the constitution, both central and state government
legislate on it. But the State Governments have limited space to enact labour laws to address
their own requirements - promoting investment and employment generation.
b. A uniform definition of terms like ‘industry’ and ‘worker’ is necessary across statutes. For
better interpretation and understanding, industry should be termed as ‘enterprise’ and
workman should be termed as ‘employee’.
c. Multiplicity of labour laws has promoted multiple inspections, returns and registers. To
avoid these, a single Labour Authority dealing with all aspect of labour, self-certification and
a single consolidated return should be put in place. We are given to understand that the
Labour Ministry has initiated developing a single web portal to address the issue of self-
certification and return, FICCI would like to appreciate the Ministry on this initiative.
CHAPTER-3
CONCLUSION
From the above article we can conclude that a void agreement does not have legal
enforceability while an illegal agreement whose formation is prohibited by the law. A void
agreement turns into void when an agreement gives up its enforceability by the law but an
CHANAKYA NATIONAL LAW UNIVERSITY 15
illegal agreement turns into void from the start of the agreement. A void agreement is not
prohibited, its scope is wider but an illegal agreement is prohibited and its scope is narrow.
In void agreement, parties involve can’t be liable for punishment, money got can be claimed,
object is not illegal while in illegal agreement , parties involve are liable for punishment,
money can’t be claimed, object is illegal. Collateral agreement related to void agreement can
be valid or can be void however collateral agreements related to an illegal agreement are void
from the beginning of the agreement so they can’t enforceable. \
BIBLIOGRAPHY
BOOKS:
Websites
http://lawquestinternational.com/article/labour-law-changes-india
http://www.thehindu.com/business/Industry/government-aims-to-move-five-more-
reforms-to-labour-laws/article7955265.ece