SLC22-W6/ LABOR LAW

Hi friends,

I am Jyoti from India. Here I am going to participate in the SLC S22 W6 contest: https://steemit.com/law-s22w6/@anasuleidy/slc22-w6-derecho-laboral organised by @anasuleidy

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Part I

Based on what you have seen in class, tell us whether in your country work is considered a "duty" in addition to being a right, and whether there is any legal sanction for those who do not fulfill this duty.

Law in India being highly developed and dynamic has provided statuary law for the protection of employers as well as employees. They act as the foundation for equal opportunity employment laws ranging from those the Indian employment laws uphold and protect from discrimination to intricate laws regarding working hours, classifications of employees and statutory remunerations. Following these legal requirements not only promotes a positive work environment, but also reduces the likelihood of legal complications and associated penalties.

Working hours that is called "duty " regulations under Indian labour laws vary from state to state and are based on whether an employee is classified as an employee or not. Furthermore, many of these regulations vary by industry. For example, under the revised labour codes, software developers who contribute individually but are not supervisors will be considered as working people.

India's labor laws set a maximum "duty" time of 12 hours per day and 48 hours per week. These regulations include restrictions on overtime and the length of time an employee can work without taking a break.

State which law in your country is responsible for protecting labor rights or work rights and what do you think about that law.

Although Indian labor law is extensive and complex, the Employment Act of India, enacted in 1967, is one of the key pieces of legislation governing labor relations in India. Some fundamental rights for workers are outlined in this law, including:

• The right to be informed of all laws and regulations relating to their employment;

• The right to fair and equitable compensation;

• The right to a safe and healthy working environment; and

• The right to receive timely notice of termination.

In addition to these basic provisions, the Employment Act sets out specific requirements for wages, working hours, and working conditions. In order to protect their workers against exploitation, companies must set maximum weekly working hours and overtime rates.

It also guarantees that no worker will face unusually severe penalties or any form of discrimination, as long as they follow the terms of their employment contract.

Part II

Based on what you saw in class, say which institutions are responsible for or competent to enforce labor rights.

The Directorate General Labour Welfare is a government body of India that plans and implements labor welfare and laws.

Awareness regarding the workers employed in manufacturing units, trade, and commerce and various other organizations for protecting their labor from exploitation and safeguarding their legitimate rights, the Indian government has set out several laws.

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In the process of registering workers in the district for an unorganised sector, the Labour Department has been assigned the following functions for making a national database of the unorganised workers for E-SHRAM website initiated by the Ministry of Labour and Employment on 26th August 2021. The database includes all Guideline category of unorganised workers, which consist of construction workers, workers under migration, domestic workers, farmers, non-domestic employees such as self-employed employees (NDUW), hawkers, petty traders, ASHA workers, Anganwadi workers, fishermen and other similar subheads of unorganised workers.

State whether you have had an experience in the workplace in which the claim or violation of any labor right or employment right is applicable.

As far as I know - there is no such incident but I would like to mention here an injustice that has happened to workers in India.

Thousands of workers were working in the Manjolai tea estate in the Western Ghats of Tirunelveli district in tamilnadu state. In 1929, the Bombay Burma Trading Corporation (BPTC) leased 8,374 acres of land in the area from the Singampatti landlords. In 1952, the land was nationalized under the Land Abolition Act. The BPTC renewed the lease from the ruling Congress party. Thousands of workers had been working there for generations. The people demanded that the minimum wage be increased to Rs 150. The workers gathered and staged a protest in front of the Collector's office on June 8, 1999.

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The protesting workers were arrested and sent to the Trichy jail. Subsequently, the women who protested the next day demanding the release of their husbands were also arrested. The workers marched towards the Collector's office on July 23, demanding the release of 652 arrested workers and a wage hike. About 700 policemen were deployed on security duty that day. Nearly 5,000 people participated. The march was stopped 50 meters before the Collector's office. Moreover, all the roads leading to the Collector's office were blocked. They demanded that the Collector be allowed to submit a petition.

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When he refused, a section of the protesters tried to reach the Collector's office along the banks of the Thamirabarani river. The policemen attacked the crowd with lathis and stones. They fired two shots into the sky. Hearing the gunshots, the people, frightened, tried to escape by crossing the Thamirabarani river. Even then, the policemen did not stop and drowned them in the water. Journalists who tried to save the drowning people and those who filmed it were attacked by the policemen. The 17 dead include two women and a 2-year-old child.

Part III

Case Study 1.

According to what was seen in class, and if you were a lawyer who had to assist these workers, which principles of those explained in class would you apply to the present case?

First of all I am not lawer. The worker should seek advice from a lawyer or legal professional specializing in labor law. They can help determine if the termination was justified and advise on the appropriate course of action.

The worker may have grounds to file a complaint with the relevant labor authorities, such as The Directorate General Labour Welfare of India, if the termination was deemed unfair or discriminatory. They can also seek legal recourse through the courts to claim damages or reinstatement.

It is important to gather evidence and documentation related to the employment, including the employment contract, performance reviews, and any communication related to the termination. This will help support the worker's claim.

Case Study 2.

According to what you saw in class and according to the laws of your country, say which institution this worker should go to and what actions he should take to restore his rights.

In India "The Directorate General Labour Welfare' is the government organisation which can deal the issues between labour and company owners. India is the common sources of conflict between the employer and employee are facility, the situation or relationship between employer and employees such as unfair dismissal, sexual harassment, wage, non-payment of overtime, or contract breach, etc.

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While working condition is addressed by the Factories Act (FA) of 1948 and the Shops and Business Establishments Acts (SEAs), employee relations is provided under the Industrial Disputes Act (IDA) of 1947 and the Industrial Employment Status Orders Act (IESOA) of 1946.

Finding a solution using a conciliation officer is the first step in the dispute resolution process. If the parties are unable to reach an agreement, the matter is taken to the higher level of the Supreme Court, High Labour Courts or Industrial Tribunal.

State why you consider that institution or entity is competent to hear that matter.

Because workers cannot confront powerful and wealthy employers, they do not know how to solve such problems before they can meet their daily needs, and thus they may become more and more oppressed. Such problems can be solved by The Directorate General Labour Welfare which worker-oriented organizations.

I would like to invite my friends

@nancy0,

@basil20 ,

@cruzamilcar63

To take part this contest