
ARTICLES
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A Short Critical Commentary on the Industrial
Relations Code, 2020
Dr. Sophy K.J. Associate Professor, NLUD
Pg. 5-6
Post-Independence, various policy documents such as the First National Commission on Labour, 1969, the Second National Commission on Labour, 2002 and NCEUS Reports of 2007-2008 recommended simplification and amalgamation of similar enactments in the Labour Law regime. This was to ensure a one- window mechanism for similar concerns and to ensure access to entitlements for the workers. Here, in the new legislative exercise around the Industrial Relations Code, 2020, the scheme and design of the majority of the provisions are similar to the current enactments such as the
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Paternity Leave: A Step towards Holistic Parenting
Ms. Akanksha Yadav, Researcher, CLLRA
Pg. 8
Recently, the Chief Minister of Sikkim announced one-month paternity leave besides 12 months maternity leave while emphasizing how this new scheme of leave will aid government employees in taking better care of their children and families. In India, although there has been a lot of focus on maternity leave, both the Central & State Governments have not paid much attention to the aspect of
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Marxist Perspective on Care Work
Tejas Misra, Research Intern, CLLRA
Pg. 10-12
Care-work is an essential feature of our modern neoliberal world model, it as unseen yet intrinsically important part of the economy that ensures its functioning and efficiency. It involves the deeply emotional, back-end, tedious and strenuous work of connecting to people, caring for children, the sick and elderly and working for the needy.
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Discrimination of Queer Workers at Workplace: Vacuum in legal discourse
Karan Singh Tomar, Research Intern, CLLRA
Pg. 8-10
In the ever-evolving landscape of gender equality and workplace rights, there remains a stark and troubling reality: queer individuals continue to face widespread discrimination in their workplace. This pressing issue not only touches upon the realms of social justice and human rights but also delves deep into the legal framework that shapes our workplaces. Take, for instance, the termination of Sabi Giri by the Indian Navy in October 2017 as a result of her acceptance of her gender identity. Due to the lack of policies permitting transgender duty in the Navy, her transition from MK Giri to Sabi was met with a show-cause notice, six months of isolation in a male psychiatric facility, and ultimately, job loss. The account of Sabi is not really new and unique.
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The Argument for Recognition of a New Occupational
Lifestyle
Vatsal Jindel, Research Intern, CLLRA
Pg. 12-15
I begin this blog with three case studies. These three case studies are informed by my personal experiences and interactions. The purpose of this text is to submit that there exists an emerging and distinct occupational lifestyle of mobile workers. This text by arguing for their distinctiveness want to work towards recognition for the same. The author hopes that such a recognition shall enable more effective welfare and regulatory policies to be designed for the people occupying such a category.
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The “Industry” Conundrum
Manas Saxena, RGNUL Punjab
Pg. 18-20
The question about the definition of the term ‘industry’ in the Industrial Disputes Act has plagued the courts for more than 4 decades now. In 1978, Supreme Court gave a vagarious opinion on the same in Bangalore Water Supply case[1]. Establishing the triple test for identifying whether an entity qualifies for industry and expanding the definition of the term “industry”, it seemed to have solved the problem that was dealt by a string of cases in the Safdarjung[2], Solicitors[3], Gymkhana[4], Delhi University[5] and Dhanrajgirji Hospital case[6].
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Evolution of Principles Related to Standardization of
Occupational Health and Safety in International Labour Law
Adarsh Shukla, Research Intern, CLLRA
Pg. 11-12
The nature of work has seen a fundamental shift in the wake of emergence of new kinds of industries. The advent of technology has given rise to new kinds of employment such as freelancers, gig workers, etc. The mode of working in these kinds of employment is very different.[1] Moreover, the expansion of service sector has seen quick expansion.[2] This means that the nature of work has shifted from involving hard physical labour to mental labour. It must also mean that work has shifted from demanding physical movement on part of the workers to requiring workers to sit for long hours at a stretch i.e. sedentariness has become an inherent character of work.[3] As a consequence, the kind of challenges related to occupational safety and health the workers in these kinds of industries experience are very different from the nature of challenges in the pre-technology era.
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A Critical Examination of New Labour Codes and their Impact on Platform Workers
Ayush Gairola, Intern, CLLRA
Pg. 13-14
"Gig work" and "platform work" are often used interchangeably to encompass a wide range of modern employment practices within the workforce. As defined by the International Labour Organisation (ILO), platform workers can be divided into two main types of work. The first is "Crowdwork," which operates through web-based platforms, typically conducted online, linking a large network of freelance service providers with organizations and individuals in need of their skills. The second category involves locationbased applications, where work is assigned to individuals in a specific geographic area, commonly including tasks such as food delivery and taxi services.
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Unravelling the theory of aggravation and acceleration in employee compensation : A Comprehensive Analysis
Ishita Chandra, DR. B.R. Ambedkar National Law University, Sonepat, Haryana
Pg. 12-14
The Employee’s Compensation Act of 1923 (“the Act”) has been established to guarantee compensation for employees incapacitated by injuries sustained from accidents occurring during employment. It acts as a protective measure against the occupational hazards inherent in various job roles. The Act’s principal aim is to ensure that compensation is given by specific categories of employers to their employees who suffer injuries resulting from accidents “arising during the employment or out of the employment”.
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Time is Ripe for India to Concretize Right to Strike
Bhuwan Sarine, Research Intern, CLLRA
Pg. 14-16
Recently, the governing body of the International Labour Organization (ILO) has requested the International Court of Justice (ICJ) to give its advisory opinion on the question whether right to strike can be read into the Freedom of Association and Protection of the Right to Organize Convention, 1948 (Convention no. 87).[1] This has made the issue of the right to strike extremely relevant.
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Standards of Working Hours and their Merits
Arnav, Intern, CLLRA
Pg. 12-14
Throughout the world different legal standards exist for the upper limit to how much work one can do in a day, a week, a month etc.The regulation of working time is one of the oldest concerns of labour legislation. Already in the early 19th century it was recognized that working excessive hours posed a danger to workers' health and to their families. The ILO also prescribes a certain number of hours one should work in the Working Hours Act. According to the ILO one can work per shift: no more than 12 hours and per week: no more than 60 hours. Different rules apply over longer periods of time and the aforementioned rules are only for isolated shifts and weeks. The ILO also prescribes standards for rest periods and night shifts.
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Safety versus Opportunity: The Paradox of Women's Employment Rights in India
Sneha Jain, Research Intern, CLLRA
Pg. 9-10
Women across India still face many difficulties in finding employment and obtaining equal access to the workforce. Even after finding employment, issues like work conditions, equal pay, sanitation, health care, etc. make it difficult for women to gain financial independence. In India, many statutes contain important welfare provisions for the occupational health and safety of women. For example, the Factories Act 1948, the Maternity Benefits Act 1961, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, etc. Some provisions in Central and State legislation are rooted in gender stereotypes and become a hindrance for women to find employment opportunities and freely exercise their right to choose occupations. This piece recognizes some of these provisions, attempts to find their rationale, and focuses on the need for measures being taken by the Central and State governments in this regard.
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Financial Capacity of Employers v. Workers rights in wage Determination
Ivan Saleem and Mary Kurian Edassery, CHRIST (Deemed to be University), Banglore
Pg. 12-13
In Labour Law, as a measure of collective bargaining, trade Unions submit a charter of demands. The charter can include various demands such as wages, bonuses, working hours, benefits, allowances, terms of employment, holidays, etc. As usual, disagreements arise, and the matter ends up being litigated. The Labor Court, while deciding, follows the ‘industry cum region test’, where the prevailing pay and other allowances should be compared with equally placed or similarly situated industrial units in the same area, as a standard criterion to decide upon the wage structure and other amenities. The financial capacity of the employers is generally not considered when increasing wages; however, it has been considered in the rarest of rare cases. The settled legal position in this matter was a legal battle until recently.
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Protection of Workmen from Unfair Dismissal: The Imperative Need for an Enquiry under the Industrial Disputes Act, 1947
Manish Kundra, Research Intern, CLLRA
Pg. 13-15
The protection of workmen from unfair dismissal has been a subject of great concern in the realm of labour law. The Industrial Disputes Act, 1947, is the most important legislation that governs the employment of workmen in India. The Act provides for various provisions that safeguard the rights of workmen and ensure that they are not unfairly dismissed from their jobs. However, despite the existence of such provisions, instances of unfair dismissal continue to persist for various reasons including non-observance of duty, negligence in the performance of duty, absence without leave & good cause, leading to a need for a comprehensive enquiry into the matter. The paper discusses the crucial need for an enquiry under the Industrial Disputes Act, 1947 to safeguard employees from unfair dismissal. It specifically highlights the issues raised by the M/S Nicholas Piramal India Ltd. And Ors v. Presiding Officer Labour Court Lko. and Ors case by the Allahabad High Court. The paper while providing the background and an analysis of the reasoning of the court, also addresses the question of whether medical representatives can be considered as ‘workmen’ under the Industrial Disputes Act, 1947, which would entitle them to the benefits as per the provisions of the 1976 Act. It aims to explore the broader implications of the case for the medical representatives. By doing so, the paper will provide a comprehensive analysis of the issue and highlight the need for a fair and just system that safeguards the interests of workmen and promotes a healthy and equitable work environment.
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Household Work as 'Labour': Recognition, Dignity, and the Role of Law
Juhi Dubey, Research Scholar, DDUGU
Pg. 12-13
Household work, historically associated with women, has frequently been underestimated, neglected, and rejected in economic and cultural debate. Cooking, cleaning, babysitting, and family welfare are commonly referred to as "household chores" rather than legitimate labour. However, this viewpoint diminishes both the economic worth of such work and the dignity of those who undertake it, primarily women. Recognising domestic work as 'labour' raises issues of gender equity, economic fairness, and human dignity, needing a deeper examination of the cultural and legal contexts around this subject.
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The Evolving Landscape of Labour: A Sociology of Work in the 21st Century
Harsh Roodra and Samika Thapliyal
Pg. 12-18
The present article is an analysis of the variegated sociology of labour, which probes the intricacies of work in modern times through an interdisciplinary prism. It explores evolving work, changing nature of work relationships and global occupational styles that frame societies. The focus in this paper is on political economy relating to different sectors where labour and development discourses are enmeshed with socio-economic drivers of labour markets. It relies heavily on gender analysis that addresses issues such as women’s labour migration, women’s unpaid household duties, and sexual division of labour in the workplace since most often they occupy low-paid jobs with little or no social security benefits (standing 2005). This approach also clearly demonstrates the continued gender inequality in many developing countries. Additionally, it incorporates intersectional approaches to labour market categories by analysing historical injustices and marginalisation through policies that aim at addressing systemic inequalities and aiming for inclusivity by suggesting policies that seek to ameliorate these disparities. Moreover, this paper also examines how labour laws have affected working lives through discussions on just transition debates; emergence of new industries; urban development amongst others. Therefore, it looks into these fields in order to determine how legal systems and economic shifts impact workers as well as communities. As a result, researchers provide insights from seminal works as well as contemporary studies with regard to theory and empirical knowledge leading to innovative perspectives and reassessments of traditional paradigms. Thus, this research questions dominant orders while promoting transformative responses about employment-related matters today that will help us comprehend labour within 21st century context. In conclusion this study aims at fully engaging itself into sociology of labour thereby providing an all-inclusive examination advancing the discourse on labour issues especially focusing on just transitions; political economy; informal economy etc.
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Collective Bargaining Challenges in the entertainment industry: Lessons from the Sag-Aftra Srike
Bharti Meena and Aayushi
Pg. 11-16
The entertainment industry is always characterised by the forces of change and innovation. The nature of the creative work involved is changing rapidly with the advent of newer technologies and streaming services. The people making up this industry include Directors, producers, actors, technicians, camera operators etc. having their own bundle of rights which are often ignored in the glamorous world of lights and camera. One of the ways in which their rights can be protected is through the process of collective bargaining, an efficient tool in the hands of workers.
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An Exploration of the Rights of the Employee and the Changing Dynamics of the Employer-Employee Relationship in a Technological Driven workspace
Dr Anju Singh and Pashin Ashtad Ichhaporia
Pg. 16-23
Technology is now an integral part of the workspace, its role is visible from beginning till the end of the employer-employee relationship. Technology has, therefore, redefined the established rights of the employees such as the right to mental health and given rise to new rights such as the right to disconnect. Laws are emerging to protect the right of privacy of the employee against the right of the employer to regulate the work and the workspace. Through the law and judicial pronouncements some of the newly defined rights have received protection but certain emerging rights such as the right to be deleted remain unprotected. The law needs to ensure that the fragile employee rights retain their existence enabling the workforce to remain human and the workplace to retain its societal functions.
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Moonlighting: Recent trends and Policy Issues
Jyotpreet Kaur, Research Intern, CLLRA
Pg. 7-8
The pandemic and the consequent “work from home” that came with the pandemic have impacted, if not changed, the labour practices prevalent in the country. Ideas like “quiet quitting” became very prominent wherein workers would enforce strict boundaries with respect to the time and work they would engage in, not going beyond their job description, and limiting their work to strictly what’s required of them. Similarly, moonlighting as a term and notion has garnered attention owing to its presence in the news on account of WIPRO laying off some 300 employees for engaging in moonlighting. This begs the question of what moonlighting is and the possible motivations behind employees engaging in moonlighting and to gauge possible if any, legal actions against moonlighting.
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The Aadhar Quandary: Implications on MNREGA Workers
Dev Dhar Dubey, Researcher, CLLRA
Pg. 9
The Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) serves as a cornerstone of India's poverty alleviation efforts, offering gainful employment to rural citizens. However, the recent insistence on linking Aadhar to MNREGA employment has spurred a contentious legal and ethical debate. For any MNREGA worker to be eligible under the Aadhaar-based payment system (ABPS), their bank account must be connected to their Aadhar and the National Payments Corporation of India’s mapper.
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A Holistic Understanding of Women’s Role in Labour Market: 2023 Economics Nobel Prize
Ananya Deshpandde
Pg. 13-14
The 2023 Nobel Prize in Economics was awarded to Claudia Goldin, a professor at Harvard University. Her thesis was a novel and thorough analysis of an argument not only crucial to the field of economics but to the field of labour law and empowerment mechanisms in our market.
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Systems of Non-Parental Care and Labour Force
Participation: Policyscape in New Labour Codes
Dr. Sophy K.J., Associate Professor & Ms. Adanyaa Garg, Research Intern
Pg. 10-14
There is a severe lack of reliable childcare systems beyond parental care in India and this inadequacy has not been recognised by the Labour laws. Due to the existing patriarchal social structure, the burden of childcare is primarily shouldered by women, a fact that is. visible across the literature (ILO, 2018); (Schochet, 2019); (Parker, 2015). The availability of childcare services appears to substantially
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Employment Contracts Shouldn’t Overwhelm Commercial
Courts: Sanjay Kumar vs. Elior India
Samriddhi Singh, University of Lucknow
Pg. 16-17
The recent judgment by the Hon’ble Karnataka High Court in the case of Sanjay Kumar v. Elior India Food Services LLP brings to light a crucial aspect of commercial disputes arising from employment contracts. In the context of industrial disputes based on terms of employment, it's essential to distinguish between labor arbitration under the Industrial Disputes Act (ID Act) and commercial arbitration
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Unpacking the Rights of Surrogate mother: Are they entitled to
Maternity Leave?
Himanshu Gupta is a 3rd year B.A., LL. B (Hons.) student at NMIMS School of Law, Mumbai.
Pg. 9-10
The rights of surrogate mothers under labour laws have been a subject of perpetual debate and a never-ending struggle for them. One such fight is their struggle to avail of maternity leave/benefits under the Maternity Benefits Act, 1961 (“1961 Act”) in the postnatal phase. While the 1961 Act and various State Rules are completely silent upon recognizing this right of surrogate mothers, it is the Courts where their hope lies in the pursuit of justice. In this regard, the Rajasthan High Court in the case of Chanda Keswani v. State of Rajasthan (“Keswani”) followed the progressive stance taken by various other High Courts of India previously and granted maternity leave to a surrogate mother.
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Occupational Safety for Mine Workers in India
Ishika Jain, Research Intern, CLLRA
Pg. 11-12
On the 12th of November, when the entire country was engrossed in the excitement of the World Cup and celebrating Diwali, tragedy struck the miners working in Uttarkashi district of Uttarakhand. It was a dark day for
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Empowering the Invisible - Addressing Challenges Faced by Domestic Workers in India
Khushi Inu, Intern, CLLRA
Pg. 9-11
Domestic workers play a vital role in Indian society, contributing significantly to the smooth functioning of households and enabling individuals to pursue professional or educational opportunities. However, despite their crucial contribution, domestic workers in India remain largely invisible, excluded from many labor protections, and facing exploitation and unfair working conditions. Domestic work is often looked at as a combination of exploitation and gains, coercion and choice, a loss of freedom, and financial and social gains.[1] This blog delves into the challenges domestic workers face in India. It explores ways to go beyond the minimum wage to ensure fair pay and comprehensive protections for this vital workforce
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Pension of Government Servants and Article 21: Building a House on Quicksand
Aadi Belhe, Research Intern, CLLRA
Pg. 12-13
Pension is a source of constant litigation before Indian courts. Particularly, the pension of government servants has seen great contestation on the basis of Part III of the Constitution. In this piece, I consider the possibility of holding that the right to pension of government servants is a part of Article 21. I will not be dealing with pension payable to employees in the private sector since fundamental rights are available only against the State by virtue of Article 12. My main argument is that the right to pension must be held to be a part of the right to property under Article 300A and not the right to life under Article 21 since the rights under the latter are provided simply by virtue of the fact that one is a ‘person’
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Analysis of Legal Regime Governing the Livelihood of Pakistani Hindu Migrants in India
Divyansh Bhansali, Research Intern, CLLRA
Pg. 9-11
India has been home to a large number of refugee populations from different parts of the world since ancient times. Though not a signatory of the 1951 Refugee Convention or its subsequent Protocol, India, since independence, has been providing refuge to many groups migrating from neighboring countries for various reasons such as persecution or otherwise. One such community that has been migrating since the partition is the Pakistani Hindus, who have been crossing the western borders to seek refuge and in search of a better life in India. However, their expectations have largely been shattered without any material improvement in living conditions due to unfavorable laws, lack of institutional and governmental support, and the general discriminatory attitude of bureaucratic apparatus and local residents.
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Maternity Benefit Act: A Historical Analysis and a Bridge to the Future
Geethikaa, Research Intern, CLLRA
Pg. 7-8
Maternal health refers to the health of women during pregnancy, childbirth and the postnatal period.[1] It is considered to be a beginning of a new life, for both, the mother and the child. However, for women in an inherently patriarchal society, this joyous occasion is usually a bane, as it sets women back in their careers and social life. At times, working women are forced to quit their jobs and start a new aspect of life, instead of it being an extension to their usual way of living, this is usually due to ill-equipped conditions at work that do not support mothers.
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Social Security Concerns for Platform Workers in India
Keerat Sidhu, Intern, CLLRA
Pg. 9-11
The gig economy, characterized by short-term contracts and freelance work, has expanded rapidly in India, introducing significant challenges for platform workers. The Code on Social Security 2020 aims to consolidate nine legislations to provide uniform social security benefits, including extending these benefits to platform workers, who are defined as individuals providing services through digital platforms. This Code mandates compulsory registration and offers several social security benefits such as accidental insurance, life and disability cover, old age protection, health and maternity benefits, and childcare facilities. However, the Code has several shortcomings: it limits labor rights, imposes stringent eligibility criteria, lacks clarity in the distribution of welfare responsibilities, presents overlapping definitions, introduces governance duality, and fails to specify the quantum of welfare each stakeholder must provide. These issues can hinder the effective implementation of the Code and leave platform workers vulnerable. To enhance its effectiveness, the Code requires clearer definitions, better delineation of responsibilities, inclusion of labor rights, simplified eligibility criteria, and explicit specifications of welfare contributions. Addressing these concerns is crucial for ensuring the economic security and well-being of platform workers and recognizing their essential role in the economy.
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A Welcome Move: The Rajasthan Platform based Workers (Registration and Welfare) Act, 2023
V.Angelin Subiksha, Research Intern, CLLRA
Pg. 11-12
The emergence of the gig economy has changed the nature of work in recent years, offering workers flexibility and new prospects across the globe. But there have also been difficulties as a result of this change, particularly with regard to the rights and welfare of gig workers. To address these issues at the state level in India, the Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023, is a pioneering initiative. This blog explores the background of gig work and provides an evaluation of the Rajasthan Gig workers Act.
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The Urgent Need for Upskilling the Automatable Workforce in AIDriven India: Challenges, Opportunities, and Need for Government Intervention
Pulugam Devaki, Research Intern, CLLRA
Pg. 8-11
India, as one of the world's largest economies and major technology leaders, has a complex set of problems and opportunities as it transforms its enormous and diverse workforce to prepare for an AI-driven future (NITI Aayog, 2021). This article discusses the pressing need for the upskilling of the automatable workforce in India by looking into multidimensional challenges, potential opportunities, and absolutely necessary government interventions during such a transformation period.
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Reframing Labour, Migration, and Development through a Feminist Lens: Analyzing Gendered Global Inequities
Srijani Ganguly, Department of International Relations, Jadavpur University, Kolkata
Pg. 8-11
This paper critically examines the intersections of labour, migration, and development through a feminist analytical framework, emphasizing the gendered structures that shape global economic systems. Traditional analyses of labour migration often neglect the distinct experiences of women, who face unique forms of exploitation and marginalization. Migrant women, particularly from the Global South, frequently encounter precarious working conditions, limited access to social protections, and discriminatory immigration policies. The paper argues that existing development paradigms, primarily neoliberal, exacerbate these inequalities by prioritizing economic growth over social equity.
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Unionizing for Change: The Case for Worker Empowerment at Samsung India and Beyond
Shreya Jain, Rajiv Gandhi National University of Law, Patiala
Pg. 8-10
This article discusses the strike at Samsung India, focusing on the workers' demand for the recognition of the Samsung India Workers Union (SIWU) under the Trade Unions Act of 1926. Despite the withdrawal of the strike following negotiations, the workers' quest for union recognition remains unresolved. Drawing on insights from Nobel laureates Daron Acemoglu, Simon Johnson, and James A. Robinson, the article tailors the concepts of 'extractive' and 'inclusive' institutions to the micro-level dynamics of labour relations. It advocates for collective bargaining, recognised by catena of cases in India, as a means to empower workers and foster a cooperative relationship with management, aligning with theories from Kahn-Freund and Sinzheimer on economic democracy. By highlighting successful models like Tata Steel, the article underscores the necessity of an inclusive institutional framework for sustainable organizational growth and the resolution of labour conflicts. Ultimately, in consonance with the theory of ‘constitutionalization of industrial relations’, it argues that legal recognition of trade unions is crucial for enhancing worker representation and promoting a level playing field within the enterprise. Introduction: Recalibrating Labour Relations
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Shifting Labour Unions in the Digital Era: Examining Strategies to Collective Bargaining for Platform Workers
Yashwantini Prabhakaran & Aranya Nath
Pg. 10-15
Digital platforms are often hailed as transformative disruptors in the labour market that have revolutionized traditional work paradigms. However, the idea of operating platform-based gig workers clings to outdated notions of labour practices. Collective bargaining has been a powerful tool for labour rights, yet platform-based gig workers find it impractical in their environment. This article examines the limitations of traditional labour unions in meeting the particular issues that platform workers confront, such as dispersed workforces, individualised contracts, and algorithmic management. The paper investigates how digital change, technical disruption, and platform decentralisation have undermined the effectiveness of traditional collective bargaining procedures. The article suggests new techniques for labour unions in the digital era to address these concerns. It assesses several frameworks, including digital unions, platform cooperatives, and algorithmic accountability mechanisms. The study focuses on how these emergent models might transform collective representation for platform workers by combining digital tools, blockchain technology, and legislative reforms. Case studies of successful labour movements in the gig economy that used non-traditional techniques in advocating and bargaining are highlighted.