National Journal of Labour and Industrial Law

The Gender Wage Gap: A Comparative Analysis on The Indian Framework Vis-À-Vis the UK and South Korea

Prakruthi N. — 2025-02-25

The gender wage gap remains a significant socio-economic and legal concern across the globe, varying in scope and impact across different legal systems. This paper provides a comparative study of the regulatory frameworks addressing gender-based pay disparities in India, the United Kingdom (UK), and South Korea. It examines legislative measures, enforcement strategies, and the practical challenges that hinder wage parity. India’s recent labor code reforms have raised expectations about their role in
reducing wage inequalities and strengthening equal pay provisions. However, implementation challenges persist due to limited legal awareness among employers and employees, weak enforcement mechanisms, and financial barriers to seeking legal recourse. The “Women and Men in India 2022” report, published by the Ministry of Statistics and Programme Implementation, illustrates a significant disparity in labor force participation rates between men and women, highlighting deep-rooted structural and legal hurdles to wage equality. In contrast, the UK has developed a more structured approach to tackling pay inequality, notably through the Equality Act 2010, which mandates gender pay gap disclosures for large companies. South Korea, despite having legal safeguards against wage discrimination, faces systemic challenges due to entrenched corporate hierarchies and rigid labor market norms. This study aims to assess the effectiveness of these legal frameworks and extract key insights that could inform India’s efforts to achieve wage parity. The paper concludes with recommendations to enhance enforcement, raise awareness, and create a more equitable labor market that ensures fair compensation regardless of gender.

Case Comment: A Labour Law Perspective on Indian Hotel and Restaurant Association (AHAR) v. State of Maharashtra, 2016

Atriyo Bhattacharya — 2025-02-25

The case of Indian Hotel and Restaurant Association (AHAR) v. State of Maharashtra (2016) examines the intersection of labour rights and state-imposed morality within the Indian legal framework. The dispute arose from Maharashtra’s legislative attempt to ban dance performances in bars and restaurants, citing concerns over women's dignity and public morality. The Supreme Court struck down several provisions of the law as unconstitutional, reaffirming the fundamental rights of workers, particularly under Articles 14, 19, and 21 of the Indian Constitution. From a labour law perspective, the ruling highlights key issues such as the right to work, workplace dignity, gender equality, and reasonable regulation of employment conditions. The judgment underscores that state regulations must be proportionate, non-arbitrary, and evidence-based, ensuring worker protection without unduly restricting livelihood opportunities. By rejecting excessive surveillance, blanket prohibitions, and arbitrary licensing restrictions, the Court reinforced the principle that labour laws should focus on fair wages, safe working conditions, and non-discriminatory employment policies rather than imposing paternalistic moral standards. The decision sets an important precedent in balancing economic freedom with regulatory safeguards, reaffirming the constitutional commitment to dignity, equality, and labour
rights.

Legal Frameworks and Practical Benefits in the Issue of Ecofeminism

Priya Menon — 2025-01-11

Ecofeminism is one of the theoretical approaches that seek to create balance and justice in both fields by fighting the patriarchal and capitalist system towards the environment. Whether the analyzes and legal framework of the ecofeminist can lead to the coordination and sustainability of environmental policies and in general How can we create harmonious and sustainable environmental and social policies through ecofeminism that will improve both women's rights and environmental protection in
this article, which was discussed with a qualitative approach and legal analysis and review of international documents. Its practical benefits were investigated and the comparative analysis method was used to investigate the performance of these laws. Finally, in the results of the research, it was observed that ecofeminism as a sustainable solution can be used environmental challenges, and by developing legal frameworks in the light of ecofeminism, we can achieve a more comprehensive legal framework in women's rights and environmental protection.

The Effectiveness of Social Work Interventions in Ensuring Labour Law Compliance

Bhupal Bhattacharya — 2025-02-25

The role of social work in Labour law compliance has increasingly become an area of focus in Labour
rights discourse. Social workers contribute significantly to ensuring fair Labour practices by advocating for workers' rights, educating employees and employers about legal standards, and intervening in cases of Labour law violations. This paper examines the effectiveness of social work interventions in enforcing Labour laws, exploring various strategies employed by social workers to safeguard Labour rights. It further highlights challenges faced in this realm and suggests improvements to enhance Labour law compliance through social work advocacy. The research employs a qualitative approach, drawing from existing literature and case studies to assess the impact of social work interventions on Labour law enforcement.

Safeguarding Workers' Rights in the Private Sector of Cameroon: The Importance of Employment Contracts, Legal Framework, and Collective Bargaining Agreements

Tasiki Desvarieux Ntobengwia — 2025-02-22

The private sector in Cameroon has experienced substantial growth in recent years, with an increasing number of workers employed in various private companies across the national territory. However, the lack of effective protections for workers' rights has led to widespread exploitation, unfair labour practices, and poor working conditions. This study therefore examines the crucial role of employment contracts, legal frameworks, and collective bargaining agreements in protecting the rights of workers in the private sector of Cameroon. By analyzing the current labour laws, regulations, and collective bargaining practices in the country, this research highlights the gaps and challenges that hinder the effective protection of workers' rights. In order to meet up with the above objectives, the researcher adopted an in-depth content analysis and critical evaluation of primary and
secondary method of data collection. The findings however reveal that the nonappearance of comprehensive employment contracts, inadequate legal frameworks, and weak collective bargaining agreements have contributed to the prevalence of labour rights violations, including unfair dismissal, low wages, non-payment of wages, and poor working conditions. This study argues that the implementation of robust employment contracts, a strengthened legal framework, and effective collective bargaining agreements are essential for safeguarding workers' rights in the private sector of Cameroon. The research provides recommendations for policymakers, employers, and trade unions to work together to establish a more equitable and just labour market, where workers' rights are respected and protected at all times. By promoting fair labour practices, improving working
conditions, and encouraging social dialogue, this study aims to contribute to the development of a more sustainable and inclusive private sector in Cameroon.