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Today’s workplaces are more than just production facilities; they have a huge impact on employees’ physical, emotional, and general well-being. Ensuring effective safety, health, and welfare measures increases productivity while also improving workers’ quality of life by safeguarding them from injuries, occupational illnesses, and stress.
Protecting workers’ rights goes beyond legal duties; it is a moral and social obligation. Many workers are unaware of their rights, making them vulnerable. The aim of this article is to raise awareness of workers’ rights and emphasise the legal safeguards available to promote safe, healthy, and supportive employment environments.
Every year, World Day for Safety and Health at Work is honoured. The International Labour Organisation (ILO) established this day in 2003 to promote awareness about workplace safety and illness prevention. With approximately 60% of the world’s population employed, the right to a safe and healthy workplace is a basic human right. Workplace safety and health measures are important for public health because people spend a major portion of their lives at work.
Work-related physical and mental dangers can have serious repercussions. According to WHO and ILO data, 1.888 million people died in 2016 as a result of work-related illnesses or accidents. Worker mortality is especially high in the WHO South-East Asia Region, where unorganised workers suffer extremely difficult working circumstances. Climate change introduces new hazards such as heatwaves, floods, and natural calamities, jeopardising worker safety.
Mental wellness is just as crucial at work. The COVID-19 epidemic demonstrated how stress, anxiety, and depression reduce productivity. Effective regulations, health screenings, and preventive actions are critical to creating a safe and healthy workplace. WHO’s Regional Action Plan on Health, Environment, and Climate Change (2020-2030) emphasises collaboration between the health and labour ministries. Such partnership contributes to the creation of secure workplaces, hence promoting long-term and prosperous development.
Right to a safe and healthy workplace
Workers have the right to a workplace that promotes their physical and mental health. Adequate safety measures must be in place to avoid accidents, injuries, or infections. These safeguards are provided by India’s Factories Act of 1948 and the Occupational Safety, Health, and Working Conditions Code of 2020. Internationally, the ILO requires all member countries to give occupational safety and health guarantees.
Right to fair compensation and financial security
Workers are entitled to fair and appropriate pay for their efforts. Laws such as India’s Minimum Wages Act of 1948 and the Wage Code of 2019 prohibit exploitation through underpayment. According to the ILO, salaries must be sufficient to allow workers to live with dignity and provide for their families.
The right to form associations and bargain collectively
Workers have the right to form unions, collectively bargain, and reach agreements. This right is protected by Indian law, specifically the Trade Unions Act of 1926 and Article 19(1)(c) of the Constitution. Unionisation enables workers to band together, demand their rights, and safeguard their safety.
Protection from discrimination and equal opportunity
Workplace discrimination on the basis of caste, religion, gender, age, or disability is forbidden by Indian law and ILO policy. Articles 15 and 16 of the Constitution guarantee equal opportunity, while the Equal Remuneration Act of 1976 assures that men and women are paid equally for equal labour.
Protection from forced or bonded labour
Workers cannot be forced to labour using coercion or deception. Forced labour is prohibited under Article 23 of the Indian Constitution and the Bonded Labour System (Abolition) Act of 1976. The ILO also strongly condemns all forms of bonded labour.
Factories Act of 1948
This act protects workers’ safety, health, and welfare in factories. It addresses cleanliness, drinking water, sufficient lighting, ventilation, working hours, safety precautions, and rest periods. Special circumstances are provided for women who work at night.
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act)
This law protects unorganised workers in the construction industry by requiring worker registration, safety measures, welfare programs like accident insurance, health check-ups, and the usage of safety equipment on building sites.
Mines Act of 1952
The Mines Act of 1952 governs working conditions in mines to ensure workers’ health, safety, and welfare. It restricts working hours, requires accident prevention and reporting, provides basic amenities, and is enforced by the Directorate General of Mine Safety.
Employee Compensation Act of 1923
Employers must compensate employees for workplace accidents and sickness. Compensation is computed based on wages, and relatives of deceased workers are eligible for payments.
The Child Labour (Prohibition and Regulation) Act, 1986
This act forbids children under the age of 14 from engaging in dangerous work. Where child labour is tolerated under tight conditions, restrictions governing hours, rest, and age limits apply.
Minimum Wages Act of 1948
Workers must earn government-mandated minimum wages, which vary by industry and area, and compliance is required.
Payment of Wages Act of 193
Ensures that salaries are paid promptly and in whole, with no unnecessary deductions, delays, or withholding.
Equal Remuneration Act of 1976
Guarantees equal pay for equal work for men and women, and prohibits gender discrimination.
The Industrial Disputes Act, 1947
Provides institutions such as tribunals and industrial courts for resolving conflicts between employees and management. It oversees strikes, lockouts, and dismissals.
The Maternity Benefit Act, 1961
The Maternity Benefit Act of 1961 provides paid maternity leave, medical bonuses, nursing breaks, and a six-week leave for miscarriage. Crèche facilities and maternity leave for adoptive and commissioning mothers were added subsequently, with the 2017 modification.
Although India has various regulations in place to protect workers’ rights and ensure their safety, awareness is still vital. On World Safety and Health Day, employers should commit to following safety and health standards in order to avoid accidents and occupational dangers.
Employees must be informed of their rights, and employers should aim to offer a safe, healthy, and supportive environment. Adv. Abdul Mulla‘s legal views, shared through platforms such as www.lifeandlaw.in and www.asmlegalservices.in, emphasise the necessity of understanding these safeguards without pushing specific services.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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