Forced Labour
Prohibition on Forced and Compulsory Labour
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
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Currently Applicable Provisions
The Constitution of India prohibits forced labour and considers it an offence punishable under the law. State can however impose compulsory service for public purposes. The Bonded Labour System (Abolition) Act, 1976 makes all forms of bonded labour illegal. Anyone who compels another person to render any bonded labour is punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.
Source: §23 of Indian Constitution 1949; §4 & 16 of the Bonded Labour System (Abolition) Act 1976
Prohibition on Forced and Compulsory Labour Under State Laws
Prohibition on Forced and Compulsory Labour in Andhra Pradesh
No State laws and provisions under this topic.
Prohibition on Forced and Compulsory Labour in Maharashtra
No State laws and provisions under this topic.
Prohibition on Forced and Compulsory Labour in Karnataka
No State laws and provisions under this topic.
Prohibition on Forced and Compulsory Labour in Uttar Pradesh
No State laws and provisions under this topic.
Prohibition on Forced and Compulsory Labour in Rajasthan
No State laws and provisions under this topic.
Prohibition on Forced and Compulsory Labour in Tamil Nadu
For all workers:
Able bodied men may be called upon for repair and maintenance of embankments and anicuts by the head of the village. The wage to pay should be the highest amount paid in the neighbourhood, and twice the amount for night shifts. In case of material being loaned from private persons, receipt that should be paid for with the highest price of the material in the neighbourhood should be provided. Similar provisions apply to damages and compensations. The said receipts will be enforceable as land arrears.
Source: The Tamil Nadu Compulsory Labour Act, 1858
Prohibition on Forced and Compulsory Labour in Gujarat
No State laws and provisions under this topic.
Prohibition on Forces and Compulsory Labour in West Bengal
For Bonded Labourers:
The existence of an agreement between the debtor and creditor is generally presumed, under the social custom, in relation to the following forms of forced labour, namely: Adiyamar, Baramasia,etc. Bonded labour system means the system of forced, or partly forced, labour under which a debtor enters into an agreement with the creditor
The bonded labour system stands abolished and every bonded labourer is free and discharged from any obligation to render any bonded labour. No person should make any advance under, or in pursuance of, the bonded labour system, or compel any person to render any bonded labour or other form of forced labour.
Source: Bonded labour Abolition Act 1978
Freedom to Change Jobs and Right to Quit
Workers have the right to change jobs after serving due notice. For more information on this, please refer to the section on employment security.
Source: §15 of the Model Standing Orders
Freedom to Change Jobs and Right to Quit Under State Laws
Freedom to Change Jobs and Right to Quit in Andhra Pradesh
No State laws and provisions under this topic
Freedom to Change Jobs and Right to Quit in Maharashtra
No State laws and provisions under this topic.
Freedom to Change Jobs and Right to Quit in Karnataka
No State laws and provisions under this topic.
Freedom to Change Jobs and Right to Quit in Uttar Pradesh
No State laws and provisions under this topic.
Freedom to Change Jobs and Right to Quit in Rajasthan
No State laws and provisions under this topic.
Freedom to Change Jobs and Right to Quit in Tamil Nadu
No State laws and provisions under this topic.
Freedom to Change Jobs and Rights to Quit in Gujarat
No State laws and provisions under this topic.
Freedom to Change Jobs and Rights to Quit in West Bengal
No State laws and provisions under this topic.
Inhumane Working Conditions
Working time may be extended beyond normal working hours of forty eight hours per week and nine hours a day. In certain circumstances, workers may be required to work overtime. In allowing the spread over of 10.5 hours every day, law actually allows for two hours of overtime work per day.
For more information on this, please refer to the section on compensation.
Source: § 51, 54, 59-63 of Factories Act 1948
Inhumane Working Conditions Under State Laws
Inhumane Working Conditions in Andhra Pradesh
No State laws and provisions under this topic.
Inhumane Working Conditions in Maharashtra
No State laws and provisions under this topic.
Inhumane Working Conditions in Karnataka
For workers in Shops and Commercial Establishments:
The periods of work of an employee in an establishment each day is to be so fixed that no period may exceed five hours and that no such person may work for more than five hours before they have had an interval of rest of at least one hour. The periods of work of an employee in an establishment is to be so fixed that, inclusive of their interval for rest, they will not spread over more than twelve hours in any day.
Source: Section 9 & 10 of the Karnataka Shops and Commercial Establishments Act, 1961
Inhumane Working Conditions in Uttar Pradesh
No building worker employed in building or other construction work should be required or allowed to work for more than 48 hours in any week, and for more than nine hours in any day.
He should not be required or allowed to work continuously for more than five hours unless he had an interval of rest of at least half an hour.
Source: Section 35 and 36, U.P. Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2009
Inhumane Working Conditions in Rajasthan
For Construction Workers:
No building worker is allowed to enter any confined space or tank or trench or excavation wherein there is given-off any dust, fumes or other such toxic substances that are likely to be injurious or offensive to the worker. Workers are also not allowed to enter areas in which explosives, poisonous, noxious or gaseous material or other harmful articles have been carried or stored or in which dry ice has been used as a refrigerant, or which has been fumigated or in which there is a possibility of oxygen deficiency. Workers may only enter such areas when all practical steps have been taken to remove all dangers which may be present and such workplace or tank or trench or excavation is certified by the responsible person to be safe and fit for the entry of such building workers.
Source: Section 83 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009
Inhumane Working Conditions in Tamil Nadu
No State laws and provisions under this topic.
Inhumane Working Condition in Gujarat
No employee should be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.
Source: Bombay Shops and Establishments Act, 1948
Inhumane Working Conditions in West Bengal
No State laws and provisions under this topic.
