Editing Labour law (section)

=== India ===
{{Main|Indian labour law}}

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Over fifty national and many more state-level laws govern work in India. So for instance, a permanent worker can be terminated only for proven misconduct or habitual absence.<ref name="sharma">{{cite web|url=http://www.southasiaexperts.se/pdf/Indian%20Labour%20Law%20PDF.pdf|title=Split Legal Regime in India's Labour Laws|author=Parul Sharma|date=February 2007}}{{dead link|date=October 2013}}</ref> In the [[Uttam Nakate]] case, the [[Bombay High Court]] held that dismissing an employee for repeated sleeping on the factory floor was illegal – the decision was overturned by the [[Supreme Court of India]] two decades later. In 2008, the [[World Bank]] criticized the complexity, lack of modernization and flexibility in Indian regulations.

In the Constitution of India from 1950, articles 14–16, 19(1)(c), 23–24, 38, and 41-43A directly concern labour rights. Article 14 states everyone should be equal before the law, article 15 specifically says the state should not discriminate against citizens, and article 16 extends a right of "equality of opportunity" for employment or appointment under the state. Article 19(1)(c) gives everyone a specific right "to form associations or unions". Article 23 prohibits all trafficking and forced labour, while article 24 prohibits child labour under 14 years old in a factory, mine or "any other hazardous employment".

Articles 38–39, and 41-43A, like all rights listed in Part IV of the Constitution are not enforceable by courts, rather than creating an aspirational "duty of the State to apply these principles in making laws".[3] The original justification for leaving such principles unenforceable by the courts was that democratically accountable institutions ought to be left with discretion, given the demands they could create on the state for funding from general taxation, although such views have since become controversial. Article 38(1) says that in general the state should "strive to promote the welfare of the people" with a "social order in which justice, social, economic and political, shall inform all the institutions of national life.<ref name="wboverview"/>

Article 38(2) says the state should "minimise the inequalities in income" and based on all other statuses. Article 41 creates a "right to work", which the National Rural Employment Guarantee Act 2005 attempts to put into practice. Article 42 requires the state to "make provision for securing just and human conditions of work and for maternity relief". Article 43 says workers should have the right to a living wage and "conditions of work ensuring a decent standard of life". Article 43A, inserted by the Forty-second Amendment of the Constitution of India in 1976,[4] creates a constitutional right to codetermination by requiring the state to legislate to "secure the participation of workers in the management of undertakings".<ref name="wboverview">{{cite web|url=http://www.worldbank.org.in/WBSITE/EXTERNAL/COUNTRIES/SOUTHASIAEXT/INDIAEXTN/0,,contentMDK:20195738~menuPK:295591~pagePK:141137~piPK:141127~theSitePK:295584,00.html |title=India Country Overview 2008 |year=2008 |publisher=World Bank |archive-url=https://web.archive.org/web/20110522115104/http://www.worldbank.org.in/WBSITE/EXTERNAL/COUNTRIES/SOUTHASIAEXT/INDIAEXTN/0%2C%2CcontentMDK%3A20195738~menuPK%3A295591~pagePK%3A141137~piPK%3A141127~theSitePK%3A295584%2C00.html |archive-date=May 22, 2011 |url-status=dead }}</ref> The recently released New Labour Codes 2022 mentions that organizations can convert 9-hour shifts to 12-hour shifts and provide three days of leave every week. The 4-day workweek policy will be effective from 1 July 2022.<ref>{{Cite web |date=2022-06-28 |title=New Labour Codes: From working hours to take-home salary, what will change from July 1 in India? |url=https://www.jagranjosh.com/current-affairs/new-labour-codes-from-working-hours-to-take-home-salary-what-will-change-from-july-1-in-india-1656407338-1 |access-date=2022-06-28 |website=Jagranjosh.com |archive-date=2022-06-28 |archive-url=https://web.archive.org/web/20220628132028/https://www.jagranjosh.com/current-affairs/new-labour-codes-from-working-hours-to-take-home-salary-what-will-change-from-july-1-in-india-1656407338-1 |url-status=live }}</ref>

Also read: Labour Reforms by Government of India Ministry of Labour & Employment (https://labour.gov.in/labour-reforms {{Webarchive|url=https://web.archive.org/web/20210621014605/https://labour.gov.in/labour-reforms |date=2021-06-21 }})