National Journal of Labour and Industrial Law

Problems of Migrant Labourers During Lockdown

Monika Sharma, Ajitabh Mishra — Wed, 17 Jan 2024 00:00:00 +0000

In today's world, migration has become a prevalent phenomenon driven by the pursuit of necessities such as food, shelter, clothing, and water. Individuals often relocate from one place to another in search of improved employment opportunities and a better quality of life. The act of migration plays a significant role in the growth and development of countries. However, it is not without its challenges, particularly in relation to the issue of food security, which compels many laborers to migrate. The interconnectedness of "food security" and "migration" has gained global recognition as essential components for achieving sustainable living conditions. Both concepts present a range of challenges for nations to address. Migrant laborers, who contribute significantly to a country's progress, face numerous hardships in their pursuit of a dignified existence. This study aims to explore how the problem of food security forces laborers to migrate in search of better livelihoods. It also examines the underlying factors that contribute to such circumstances, which necessitate the laborer's decision to migrate. Lastly, the study explores potential governmental interventions that can assist laborers in attaining stability and a settled life. Understanding the relationship between migration and food security is crucial for developing effective strategies to mitigate the challenges faced by laborers. The study sheds light on the hardships experienced by laborers due to food insecurity, which serves as a catalyst for migration. These challenges can include insufficient access to nutritious food, limited economic opportunities, and inadequate social support systems. By investigating the root causes of laborer migration driven by food security concerns, policymakers and governments can gain valuable insights into the necessary interventions. These interventions may involve implementing policies to enhance agricultural productivity, improving access to affordable and nutritious food, and creating employment opportunities in rural areas. Additionally, providing social safety nets, such as affordable housing and healthcare, can alleviate the hardships faced by migrant laborers. Ultimately, addressing the intertwined issues of migration and food security requires a multi-faceted approach that involves collaboration between governments, international organizations, and local communities. The findings of this study contribute to the existing body of knowledge on the challenges faced by laborers, highlighting the importance of sustainable living conditions and the need for comprehensive strategies to support migrant workers. By prioritizing the well-being of laborers and promoting their social and economic integration, societies can move closer to achieving a more equitable and inclusive future.

Industrial Adjudication-need for Reform

Rakesh Rustogi — Mon, 04 Dec 2023 00:00:00 +0000

[Our country as a nascent democracy had adopted system of state intervention for resolving industrial disputes through conciliation and adjudication. This system has been relaxed in the year 1965 and 2010 for resolving individual disputes. Arbitration as a mode of resolving industrial disputes had also been introduced. Now in this Amrit kaal time has come to review the need for state intervention in the industrial disputes]. The Industrial Disputes Act 1947 (IDA) has been enacted for the investigation and settlement of industrial disputes, among other things. The timely and effective resolution of industrial disputes makes way for industrial peace. The existence of industrial peace is extremely important for industrial production and overall national economy. The IDA has adopted the system of compulsory adjudication of industrial disputes to ensure that there is no simmering of industrial unrest leading in turn to work-stoppages at shop/ industry level.

A Bird’s-Eye View: A Critical Analysis of the Practical Implementation of the Global Compact Principles

Aradhana Vaishnav — Wed, 17 Jan 2024 00:00:00 +0000

This paper presents a comprehensive examination of the practical implementation of the Global Compact Principles, offering insights from both an Indian and international perspective. Employing a critical lens, the analysis explores the challenges, successes, and shortcomings encountered by organizations and stakeholders in aligning with the principles outlined in the Global Compact, taking into account the distinct socio-economic and cultural contexts of India and the broader international landscape. The study adopts a multidimensional approach that encompasses legal, ethical, and socio-economic perspectives to assess the effectiveness of the Global Compact in fostering sustainable business practices. Through the scrutiny of case studies, policy frameworks, and empirical data, the research aims to provide a nuanced understanding of the practical implementation of the Global Compact Principles, both within the Indian corporate framework and in the global context. The comparative analysis seeks to inform ongoing discourse on corporate responsibility and sustainability, inspiring constructive dialogue for enhancing the practical implementation of these principles in diverse business environments.

Termination – Bad Performance

J. Pradeep Kumar — Mon, 04 Dec 2023 00:00:00 +0000

This article explores the circumstances where an employee is dismissed due to poor performance. This article highlights the critical distinction drawn by the Hon'ble Apex Court between an employee's suitability for bad performance and misconduct. The article emphasizes the importance of clearly articulating in the employment contract that an employee's performance is terminable for poor performance. In the event of a dispute raised by an employee challenging the termination order, the employer's safeguard lies in following the rule of law while dispensing with the employee's services for inadequate performance. This article will go on to suggest a straightforward procedure involving periodic performance appraisals and timely communication of poor performance to the employee, coupled with a reasonable opportunity for improvement. The judgments of the Hon'ble Apex Court are also discussed.

The Difficulties of Identifying the Limits of Statutory Obligations in Employment Relationships: An Analysis under Cameroonian Labour Code and English Law

TASIKI DESVARIEUX NTOBENGWIA — Mon, 19 Feb 2024 00:00:00 +0000

This paper has as main objective to critically examine strictly speaking, whether the scope of labour law depend on types of person or the law of persons, or it depends rather on the types of contractual relationship for the provision of work and services. Under the Cameroonian Labour Code and Common law, the problem of identifying the limits of legal obligations in contractual relationships since inception has been drumming bells. This may be as a result of the proper extent of application of common law principles and other types of legal system, especially the Cameroonian labour law regulating contracts involving the performance of services. Generally, the question of “who is a worker and who is not a worker” under the Cameroonian Labour Code and Common Law has always been a topic of discourse among academic doctors, Professors and researchers in the domain of labour law even as we speak. The question who is a worker and who is not a worker” may look simple and pointless, but it is in fact
fundamental to an understanding of the protection of workers in any contractual relationship. However, difficulties always arise on the one hand because many individuals out there work for others without being their workers, and on the other hand because employment relationship does not exist, a mass lawful and financial obligation follow which either do not apply at all in other working relationships or, as the case may be, apply to a much lesser extent. Additionally, the question who is a worker is also of vital importance because the 1992 Labour Code does not cover all classes of workers in Cameroon. And a worker not covered by the code cannot evoke the provisions of the code. When the terms "employee" or "servant" are employed, they refer to the presence of an employment contract or a contract of service, as opposed to a contract for services wherein an independent contractor provides services under an agreement for another party. In Labour law, the differentiation between a contract of service and a contract for services is typically essential for three main reasons. Firstly, anybody who is not covered by the provisions of the 1992 labour code cannot get up one day and say his or her contract have been terminated wrongfully. Secondly, the concept of vicarious liability normally extends only to the employer/worker relationship. In order words, an employer is responsible for the legal consequences of acts done by his worker in the course of his employment. The third reason for this distinction is that there are particular rights and obligations which are implied in an employment contract, but which do not extend to the relationship between an independent contractor and the person for who he is working. In this light, adopting a purely qualitative research method involving purely content analysis of cases and an in-depth content analysis of critical evaluation of primary and secondary data, the article concludes that, if people want to benefit from the different kind of employment rights under the 1992 labour code they should make sure that they are under a contract of service and not under a contract for services whenever hired to work or to perform a service for anybody.