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Legal Framework

·  Article 14 of the Constitution of India talks about equality that includes the concept of ‘Equal pay for equal work’.


·  Article 19(1) of the Constitution of India gives the right to all citizens of India to form associations or unions. It is from this right that the Right to form Trade Unions emerged.


·  Article 39(a) of the Constitution of India speaks specifically of right to an adequate means of livelihood for men and women equally.


·  Article 39 (d) of the Constitution of India addresses the issue of equal pay for equal work for both men and women.


·  Article 41 of the Constitution of India adds strength to Article 39 (a) by stating that within the limits of its economic capacity and development the State should make effective provisions for securing the right to work amongst other things to its entire people.


·  Article 42 of the Constitution of Indiais one of the hall marks of the Indian Constitution as it takes into consideration the very specific context of pregnancy related discrimination in the context of employment and therefore it directs the State to make provisions for securing not only just and humane conditions of work but also for Maternity Relief.


·  The Trade Unions Act, 1926, The Industrial Disputes Act, 1947, The Minimum Wages Act, 1948, The Payment of Bonus Act, 1965, The Factories Act, 1948, are some of the laws passed by the Indian Parliament that deals with the issues of workers’ wages, industrial relations and working conditions of workers and their terms of employment.


·  The Maternity Benefit Act, 1961, The Equal Remuneration Act, 1976, are important laws that seek to safeguard the interest of women workers in order to bring about gender equality and women empowerment.


·  The Workmen’s Compensation Act, 1923, The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952, The Employees’ State Insurance Act, 1948, The Payment of Gratuity Act, 1972, are important laws that seeks to give social security to the workers employed both in organized and unorganized sectors.

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