CHALLENGES IN IMPLEMENTATION OF RETIRAL BENEFIT LAWS IN THE UNORGANIZED SECTOR IN INDIA

AUTHOR – PRITHIVI RAJ V S, STUDENT AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – PRITHIVI RAJ V S, CHALLENGES IN IMPLEMENTATION OF RETIRAL BENEFIT LAWS IN THE UNORGANIZED SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 342-351, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The unorganized sector constitutes more than 90% of India’s total workforce, yet remains largely excluded from the ambit of formal social security and retiral benefits. Despite the existence of legislative frameworks such as the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the Payment of Gratuity Act, 1972, and the recently enacted Code on Social Security, 2020, the implementation of retiral benefits for unorganized workers remains fragmented and ineffective. This research aims to critically examine the challenges hindering the implementation of retiral benefit laws in the unorganized sector in India. It explores key barriers including legal ambiguities, lack of awareness, weak enforcement mechanisms, and administrative inefficiencies. The study further analyzes judicial perspectives and government schemes aimed at expanding coverage to informal workers. Through a review of legal texts, policy documents, field reports, and case studies, this research identifies critical gaps and proposes targeted legal and policy reforms to ensure inclusive and effective protection of retiral rights for India’s unorganized workforce. The implementation of retiral benefit laws in the unorganized sector in India presents a myriad of challenges that hinder the effective provision of social security to a significant portion of the workforce. Despite the existence of various legislative frameworks aimed at safeguarding the rights of workers, the lack of formal documentation and identification among unorganized workers complicates their access to these benefits. Socioeconomic factors, including low wages and job insecurity, further impede workers’ ability to save for retirement, while gender disparities within the sector disproportionately affect women, limiting their access to essential benefits. This research aims to explore these multifaceted challenges, highlighting the urgent need for comprehensive policy reforms, targeted awareness initiatives, and the establishment of robust support systems to ensure that the unorganized workforce can effectively access their rightful retiral benefits, thereby enhancing their financial security in old age

FIXED TERM EMPLOYMENT AND JOB SECURITY: A DOUBLE EDGED SWORD

AUTHOR – S.NIVETHALAKSHMI, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL

BEST CITATION – S.NIVETHALAKSHMI, FIXED TERM EMPLOYMENT AND JOB SECURITY: A DOUBLE EDGED SWORD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 337-341, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The idea of fixed-term employment has become more popular in India as a result of labour reforms meant to encourage investment and increase workforce flexibility.  The protection of employee rights and long-term job security are major concerns, even if it enables companies to control labour costs and adapt to shifting market needs.  This paper critically analyses the legislative framework pertaining to fixed-term employment, specifically as it relates to the Industrial Relations Code of 2020^[1], and considers its effects on social security, job stability, and ethical labour practices.  The study uses a doctrinal and socio-legal approach to show how, depending on how they are used and enforced, fixed-term contracts can be both an opportunity and a source of exploitation.  It also discusses the difficulties in striking a balance between worker protection and economic flexibility. Highlighting the need for more robust protections and changes to policies. According to the study’s findings, fixed-term employment frequently works against the goals of justice and labour welfare, even though it may be advantageous in theory.

Keywords: Economic rights, worker protection, flexible work arrangements, job security, labour law, the Industrial Relations Code, job security, fixed-term employment, employment policy, and socio-legal research.

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[1] The Industrial Relations Code, No. 35 of 2020, Acts of Parliament, 2020 (India).

ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON JOBS IN INDIA

AUTHOR – JANANI.B, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY SOEL

BEST CITATION – JANANI.B, ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON JOBS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 327-336, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI) is transforming the global employment landscape, and India is no exception. While AI brings significant advancements in productivity, innovation, and economic growth, it also presents substantial challenges for job security and traditional employment models. This paper explores the impact of AI on the Indian workforce, particularly in sectors like IT, logistics, and gig work. It examines the implications of AI-driven automation, reviews key legal and ethical issues, and analyzes India’s readiness to manage this disruption. With a focus on judicial interpretations and existing laws, the study proposes actionable suggestions to integrate AI in a manner that supports both innovation and inclusive employment growth.

Keywords – Artificial Intelligence, Employment, Labor Law, Job Displacement, Automation, Gig Economy, Data Privacy, Indian Labor Market

CRITICAL ANALYSIS OF MATERNITY BENEFIT ACT 1961 AND THEIR AMENDMENT- 2017

AUTHOR – V. LALITHA, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW CHENNAI TARAMANI

BEST CITATION – V. LALITHA, CRITICAL ANALYSIS OF MATERNITY BENEFIT ACT 1961 AND THEIR AMENDMENT- 2017, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 318-326, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

IN 2017 OF MATERNITY BENEFIT ACT :  Focusing on the advancement and protection of working women’s rights is crucial given the present rise in the number of women participating in the workforce, particularly young urban women.  More than ever, there is a need to develop a gender-friendly labor market by creating a favorable work environment.  The government now plays a bigger part in creating an atmosphere that promotes social justice in both the organized and unorganized sectors.  The Maternity Benefit Act, which was first adopted by the Indian government in 1961 and subsequently revised in 2017, is a step toward this type of social justice. This essay examines the maternity benefit act’s reach and concentrates on the long-term viability of the changes as well as shifting industry dynamics. The study concludes with a suggestion for strengthening the Maternity Benefit Act to make it more inclusive.

The Maternity benefits (Amendment) Act 1961 are to women at the rate of the average daily income for the duration of their real absences. All women are entitled to these benefits, and their employers are responsible for paying them. It is critical to acknowledge that women’s participation in the employment market has significantly increased in recent years, mostly in urban regions.  Furthermore, young women in cities are mostly responsible for the rise in women’s employment.  Growing awareness of the need to provide a working environment is a result of India’s commitment to establishing a gender-friendly labour market.

KEY WORDS : Social Justice, Government, Maternity, and the Maternity Benefit Act etc.

INDUSTRIAL ACCIDENTS IN INDIA:CAUSES AND PREVENTIVE MEASURES

AUTHOR – DEEPARANGAN D, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY (SCHOOL OF EXCELLENCE IN LAW)

BEST CITATION – DEEPARANGAN D, INDUSTRIAL ACCIDENTS IN INDIA:CAUSES AND PREVENTIVE MEASURES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 310-317, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Industrial accidents in India have posed recurring threats to worker safety, public health, and environmental integrity. Industrial accidents in India continue to be a major concern, affecting human lives, the environment, and the economy. Despite having legal frameworks and safety regulations in place, lapses in implementation, human error, outdated technology, and insufficient risk management contribute to frequent accidents across various sectors. These incidents, often preventable, reveal systemic failures in safety protocols, regulatory enforcement, and emergency preparedness. This paper explores the root causes of industrial accidents in India and proposes comprehensive preventive measures to mitigate future occurrences. The analysis draws from major incidents, existing legislation, and modern safety practices to advocate for a robust industrial safety framework.

Keywords – Industrial accidents, Legal Frameworks, Causes, Preventive Measures, Lapses in Implementation, Human Error, Outdated Technology, Safety Protocols, Regulatory Enforcement, Emergency Preparedness, Modern Safety Practices.

CHILD LABOUR IN INDIA: A SOCIO-ECONOMIC CRISIS AND THE PATH TO REFORM

AUTHOR – NAVEEN RAJ.M, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – NAVEEN RAJ.M, CHILD LABOUR IN INDIA: A SOCIO-ECONOMIC CRISIS AND THE PATH TO REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 301-309, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

“No child should be working when they should be learning, dreaming, and growing.”

Child labour remains a frontline concern in India, as early entry into the labour market during the formative years deprives children of access to quality education, thus curbing their potential for a better future. Child labour is not merely a socio-economic issue—it is a violation of fundamental human rights, robbing children of their innocence, dreams, and dignity. This complex problem is deeply rooted in poverty, illiteracy, and systemic inequalities, and continues to affect millions of children across the country.

Children under the age of fourteen constitute 3.6% of the total labour force in India, with approximately 85% engaged in agricultural work, 9% in manufacturing, services, and repairs, and 0.8% in factories^[1]. An emerging and alarming trend is the use of children as domestic workers in urban areas, where they face unregulated working conditions, minimal or no pay, and are exposed to physical, emotional, and sexual abuse. These environments often resemble modern forms of slavery, hidden behind the façade of care and employment.

Despite existing legislation and awareness initiatives, enforcement remains weak. However, various non-governmental organizations (NGOs), community-based groups, and international bodies have begun grassroots interventions focused on rescuing, rehabilitating, and educating affected children. This paper explores the key factors contributing to child labour, analyzes the consequences on children and society, and proposes practical, multi-faceted solutions. These include poverty alleviation, universal access to education, community empowerment, and stringent policy implementation. With collective action and sustained commitment, the vision of a child-labour-free India can become a reality.

KEYWORDS: Child Labour, India, Poverty, Education, Human Rights, Domestic Workers, Grassroots Interventions, Social Reform

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[1]  https://www.whatisindia.com/issues/childlab/index.html

UNFAIR LABOUR PRACTICES IN INDIA: A MULTIDIMENSIONAL ANALYSIS OF LEGISLATIVE GAPS, HISTORICAL CONTINUITIES, AND TRADE UNION RESISTANCE

AUTHOR – ASHWINI G, STUDENT AT THE TAMILNADU Dr. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ASHWINI G, UNFAIR LABOUR PRACTICES IN INDIA: A MULTIDIMENSIONAL ANALYSIS OF LEGISLATIVE GAPS, HISTORICAL CONTINUITIES, AND TRADE UNION RESISTANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 290-300, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Industrial Disputes between employers and employees are a common occurrence in today’s Industrial world. Therefore, one of the most desired goals is to maintain positive working relationships between employers and employees.  Collective Bargaining, a method of negotiation between employers and workers, represented by trade unions, to create working conditions that are advantageous to all parties, is particularly helpful in accomplishing the aforementioned. But even though India developed a number of regulations to organize and regulate the industrial sector after gaining independence, none of them addressed unfair labour practices. Through the Trade Unions (Amendment) Act, 1947, the Indian Parliament chose to include two sets of unfair labour practices, one pertaining to employers and the other to labour unions. However, these were not enforceable. Additionally, several unfair labour practices were listed in the Code of Discipline, 1958, which was approved by the central bodies of employers and workers at the sixteenth Indian Labour Conference. When the Maharashtra government adopted the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act in 1971, it was the first to successfully enforce a particular legal statute that forbade ULPs. However, only Maharashtra was subject to the aforementioned law, which constituted state legislation. In its initial report, the National Commission on Labour (1969) suggested that a law be passed that would recruit ULPs and provide them with appropriate penalties. Examining the moral duties of employers, trade unions, and regulatory bodies in maintaining the values of justice, fairness, and dignity in the workplace, it explores the ethical aspects of such behaviors.

Key words: Unfair, Labour, Strikes, Unions, Employers, and Workers

EVOLUTION OF LABOUR LAW IN INDIA

AUTHOR – MADHUMITHA, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – MADHUMITHA, EVOLUTION OF LABOUR LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 282-289, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The evolution of labour law in India reflects the socio-economic and political transformation of the country over time. Rooted in colonial influence and industrialization, Indian labour legislation has gradually shifted from a focus on employer control and industrial peace to the protection of workers’ rights, welfare, and social justice. This paper traces the historical development of labour laws from pre-independence statutes such as the Factories Act, 1881, to post-independence reforms, including the landmark Industrial Disputes Act, 1947. It also examines contemporary developments such as the introduction of the four Labour Codes in 2020, aiming to simplify and consolidate existing laws. The study highlights the dynamic interplay between judicial interpretation, economic liberalization, globalization, and labour rights movements in shaping labour jurisprudence. Through a critical analysis, the paper evaluates whether these changes have effectively balanced the interests of workers and employers in a rapidly changing economic environment.

Keywords:

Labour Law, India, Industrial Disputes, Labour Codes, Workers’ Rights, Industrial Relations, Social Justice, Legal Reform, Employment Legislation, Labour Welfare.

A COMMENTARY ON SECTION 10 OF THE INDUSTRIAL DISPUTES ACT

AUTHOR – ANNAPURANNI RAMESH & ABHINEETH SARAVANAN, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ANNAPURANNI RAMESH & ABHINEETH SARAVANAN, A COMMENTARY ON SECTION 10 OF THE INDUSTRIAL DISPUTES ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 276-281, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

§ 10 of the Industrial Disputes Act (“ID Act”) plays a multi-purpose role within the context of Industrial Disputes. It specifies the many criteria and circumstances under which the appropriate government may make or refuse to make a reference. The provision states that if the appropriate government believes an industrial dispute exists or is imminent, it may refer the issue to a board, a court of enquiry, or a labour court for settlement, enquiry, or adjudication at any time through a written order.^[1] The pivotal position of the section begs many questions which this paper seeks to answer through established holdings of the Indian Judiciary. Some of the several issues that will remain the key topics of discussion are:

• Is it possible for the government to refuse to refer a labour dispute?
• Is there any time-based limitation on when an industrial dispute can be referred?

These questions revolve around the primary question of how much discretionary power does the government have and how much should it have?

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[1] The Industrial Disputes Act, § 10, No. 14, Acts of Parliament, 1947.

RECOGNITION OF TRADE UNIONS IN INDIA: A COMPARATIVE ANALYSIS WITH THE UK AND US

AUTHOR – AMRIN SULTHANA B, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – AMRIN SULTHANA B, RECOGNITION OF TRADE UNIONS IN INDIA: A COMPARATIVE ANALYSIS WITH THE UK AND US, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 265-275, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

The legislative framework pertaining to trade union recognition in India is examined in this article along with comparisons to the US and UK respective systems. It investigates the difficulties and changes in union recognition by looking at legislative laws, court rulings, and administrative procedures. Additionally, it incorporates insights from comparable models that may enhance democratic involvement and labor relations in Indian companies.