A Normative Reassessment of the Positive Rights of Contract Labourers in India

Abstract

With the advent of globalisation and liberalisation, contract labour has become a trending form of employment adopted by several industries. India is not new to the contract labour system. This paper analyses the difference between contract labour and general labour, issues, and problems of contract labourers in the industry, and how the judiciary has helped in promoting the rights of the contract labourers. In this paper, an attempt has been made to study and analyse the availability and corresponding implementation of the social security laws and constitutional rights in addition to the labour laws. To do so, the paper firstly reflects upon the existing national and international rights and benefits enshrined in the legislation, and then it examines the judicial role in the upliftment and protection of contract labourers. Finally, after analysing the problem of contract labourers, the paper suggests a way forward to better facilitate the benefits and rights provided under the law.