Improvements In Labour Law Administration Through Use Of Technology
Author: LawSphereX
Category: Technology, Cyber & Privacy
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IMPROVEMENTS IN LABOUR LAW ADMINISTRATION
THROUGH USE OF TECHNOLOGY
Divya R Aradhya, BBA LLB, PES University
ABSTRACT
labour law is essential and important topic as it regulates the relationship and responsibilities of the employer and the employees. it includes even rights and duties of the employment. This legislation is bought into force to eradicate illegal practices and unfair remuneration or harassment in workplaces. To create a better and safer environment for the employers and employees. Nowadays, technology is constantly evolving, and every industry depends on it for daily operations. The purpose of this article is to clarify how technology and labour legislation are related. To evaluate and manage the workforce in many contemporary businesses, quite sophisticated technology is used. Although there have been significant advancements in the use of technology in labour law, certain areas of it are still highly outdated and need to be updated in line with the new digital era.
This increased blurriness and fragility in labour have created many new difficulties that require new ways of thinking about regulation. Therefore, the article argues that both law and technology must be modified to cope with the new challenges. Following this, the article proposes three possible ways in which to start considering the regulation of labour in the digital reality. embrace flexibility as part of the legal order and use it as an interpretive tool and not just as an obstacle, broaden the current legal protection and add a procedural layer to the legal rights at stake, and use technology as part of the solution to the dilemmas that technology itself has emphasized. By doing so, this article seeks to enable more accurate thinking on law and regulation in the digital reality, particularly in the labour field, as well as in other fields and contexts.
Keywords: labour and technology
Introduction
The concept of work or labour exists from the very early ages. The concept of invention of a wheel or inventing the fire, needed the mind. This led to the work being delegated for the other people and other number of people to make a finish project. Later the same started taking a negative troll which contributed to the slavery. The people were forced to do the work for other, if not they would be punished. In return they would basic facilities like food, shelter water etc. this slowly involved and slaves turned into labour where the concept of money was involved, the works are not forced but are joined with their will. This slowly involved during the other times. Now as the world was dynamically changing the opportunity to work as drastically changed. Work is considered in IT sector, construction sites, any educational institutions and many more.
People were compelled to perform tasks for others; if they did not, they would suffer consequences. In exchange, they would get minimal comforts like food, shelter, and water. Slaves were gradually converted into labour where the idea of payment was incorporated; the tasks are not compelled but are coupled with their free will. This gradually became engaged at other instances. The potential to work had greatly changed since the globe was now moving dynamically. The IT industry, building sites, educational institutions, and many more places are all regarded to be work. There was a stage where people would go to the office to work which meant the actual working and working from home was not considered as working or was socially looked down on. But now due to covid pandemic the dimensions of work have drastically changed and new options of work as emerged.
Now the youtubers, influences are also considered working. Hence the work perspective has changed over the years and this paper aims in discussing the impact of technology in labour laws. Objectives of study The main objectives this paper is to deal and discuss the new improvements made in the field of labour laws in respect to the technology. Research problem The topic states about the improvements made in the field of labour laws with respect to technology.
Research questions What are the improvements made in labour law with technology and it changes the course of action. How does technology impact the labour laws legislature. Research methodology The methodology adopted for the work is doctrinal method. The research would be based on the impact of technology in the field of labour laws. Literature review In the book named “INDUSTRIAL RELATIONS AND LABOUR LAWS” which is written by Piyali Ghosh , Shefali Nandan. This book has 2 parts which talks about the industrial relations and the labour laws. The history of the same is been discussing in the book, and the evolution of the topics and the current positions. It also talks about the codified labour laws. The author has detailed discussed about the above topics with suitable cases and explodes to understand the concept better. .
This book is divided into two sections that discuss labour legislation and industrial relations. In the book, the author discusses the history of the subject as well as the development of the issues and the present viewpoints. Additionally, it discusses the codified labour laws. The author has thoroughly covered the subjects with appropriate examples and explodes them to help readers better comprehend the idea. In another book named “P. L. Malik's Handbook of Labour and Industrial Law1” which by is SCC Editorial. This book talks about the modern implications and changes that occurs in the labour laws. They talk about the unfair pay wages, the equality in the work places. The concept of mental health is slowing sweeping into the minds of the country and importance of the same. This book discusses the contemporary ramifications and adjustments made to work regulations.
They discuss unequal compensation and earnings as well as workplace equality. The importance of mental health is slowly becoming more widely understood throughout the nation. This also discussing about the industrial laws in the country.
1 P. L. Malik's Handbook of Labour and Industrial Law
by SCC Editorial In a journal article named “ Labour law reform in India2” which is written by the author J. S Sodhi. This mainly talks about the Indian journal of industrials relations and their laws. This mainly focus on the developments and reforms made in India. The article states that the “ the main twin objective of it is it job creation and the industrials peace” to people. It talks a lot about the impact of people which hurt hurtful and demanding laws. They state the requirements of changing and reforming the legislations according. . This article mostly discusses the legislation and Indian Journal of Industrial Relations. This focuses mostly on the advancements and changes carried out in India. According to the publication, "the main twin objective of it is it's industrial peace and job creation.
" It spends a lot of time on the effects of those who violate laws and are demanding. They outline the prerequisites for modifying and altering the laws in accordance. Discussions and analysis The potential to work had greatly changed since the globe was now moving dynamically. The IT industry, building sites, educational institutions, and many more places are all regarded to be work. There was a stage where people would go to the office to work which meant the actual working and working from home was not considered as working or was socially looked down on. The idea of labour law laws has evolved over time, and employment agreements have been written. presently in accordance with the new rules.
Examples of such policies include the ability for employees to take three weeks off, the restriction on how long they may work, and the possibility of receiving a vacation bonus in some businesses. But now due to covid pandemic the dimensions of work have drastically changed and new options of work as emerged. Now the youtubers, influences are also considered working. Hence the work perspective has changed over the years and this paper aims in discussing the impact of technology in labour laws. The concept of labour law regulations has changed through the ages, there has been employment agreement that is drafted. Now according to the new regulations. Such examples include the employees have permission to take 3 weeks off and they can work for a certain time period only and extended hour will give them and a vacation bonus in certain companies. 2 Sodhi, J. S. “Labour Law Reform in India.
” Indian Journal of Industrial Relations 50, no. 1 (2014): 100–117. http://www. jstor. org/stable/24547025.
Now, IT companies have started to use the biometrics to scan the employers and employees which is taken into consideration as the attendance of the same. Many such companies have started using this and is effective. The benefits of using biometrics in workplace is that no one else can put proxy or replicate someone else and good and safe environment is created here. The main reason biometrics is used is to full identification and authentication of the person. It also said to be faster and accurate and hazel free. Currently, IT businesses are using biometrics to scan employers and workers, which is regarded as the same parties' attendance. This has become popular among these businesses and is efficient. The advantages of adopting biometrics in the workplace include the creation of a good and secure environment where no one else can use a proxy or imitate someone else.
The primary uses of biometrics are for complete identification and authentication of the individual. It is also claimed to be more precise, quicker, and hazel-free. Another exciting trend during the pandemic was the raise of video call meeting or also called has the virtual meeting. As during the pandemic there was a lockdown which was imposed on the government, the people were forced to find new ways to carry out the work actives from home and that is when the concept of virtual meeting came into to the picture. Apps and platforms like Zoom, Microsoft teams and google meet were very famous. The benefits of virtual meeting are it improves communication and helps build good work relation between the superiors, it increases the efficiency and productivity, it makes it very easy and accessible to schedule meetings. It enables face to face connections.
In an online survey conducted by the website named Kitaboo “More than 3. 7 billion humans use the internet, and the global mobile data traffic is projected to increase nearly sevenfold between 2016 and 2021. This reinstates the fact that end users are spending more time on their mobile devices. According to a Nielsen report, 1. 2 million terabytes of data is generated in the US annually just by smartphone users alone. Mobile digital media time in the US is significantly higher compared to desktop, according to the data from e-marketer and KPCB. For the Gen Y employees, mobiles and tablets are the preferred devices for media consumption3” this is the data collected by them. The technology has played a vital role in many of the companies during the pandemic and many such practices is still on-going such as work from home. The people have gained more
3 https://kitaboo.com/technology-in-the-workplace
health conscious and gave more prominence to gym and working out or meditation. This gained a lot of popularity and hence the work was continued without much obstacles in the way. India is blooming with IT companies and proving the citizens with numerous work opportunities. The government to the initiative to broaden the scope of the labour laws keeping in the perspective of the current Intellectual technology laws. It contains wide scope of work environments and good conditions and creates lots of duties between the employees and employers. Laws that will be applicable to the IT industries are:- The Trade Unions Act, 1926: it is a platform where the workmen come together to from a union. This is empowered by the article 19(1)(c) of the Indian constitution.
The Payment of Gratuity Act, 1936: this act is based on the equity principle, where all the workmen are treated equally and fair and where the employers show gratitude to their employees. but all the before or pre conditions must be satisfied. The Minimum Wages Act, 1948: this act makes sure that workers get their minimum wages without fail for the work they are doing. This is fixed by the central and the state government it applies for all the sectors of the economy. It is their right to get good payments and minimal wages. The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013: this act came into light when there was an incident that happened in Rajasthan4 where a woman was sexual harassed in her workplace. This brought a lot of changes in creating a safe and healthy work atmosphere for the working women employees.
There were some exceptions that was given to the IT industry from the labour work. But every worker has a fundamental right that cannot be infringed and the same is also stated in the Indian constitution. But after the passing and application of the labour law legislature all the workmen are protected against the unfair and evil practices. Some of the IT laws are applicable to the labour legislation but not all the laws. As all already know no one is above the law and no one can violate the fundamental right of any person or an employee. The IT sector received various exemptions from labour-intensive tasks. But the Indian constitution also states that every
4 Vishaka & Ors. V/S State of Rajasthan (Air 1997 Sc 3011) - Sexual Harassment Landmark Case
Bench Of Judges: CJI, Sujata V. Manohar, B. N. Kirpal worker has a basic right that cannot be violated. However, since the labour law legislation was passed and put into effect, all workers are now protected against dishonest and bad practises. There are certain IT laws that apply to employment laws, but not all of them. No one is above the law, as we all know, and neither can they abuse a person's or an employee's fundamental rights. In the case Randhir Singh v. Union of India5, it talks about the “equal work is equalling to equal pay” . here the Supreme court held that constitution did not show the provisions for equal work and equally pay but in the article 39(d) of the Indian constitution it provides equal pay for equal work that is done and it is also mentioned in the directive principals of state policy.
As the technology improves and developed the concept of artificial intelligence also comes into the picture. The humans created and developed the machines that can do the work of the human and even replace the humans in future generations, this provides both advantages and disadvantages. This gives rise to the robotic era also where they might rule us in future. The advantages are that, there would be so much advancements in the field of technology, the work would be done more faster and efficiently, time consumption would be less the results are said to be promising. But the downside of the same would be that the humans would be out of jobs as the machines would replace them and the job employments and the creation of the same would be less, the economy and the living hood the humans would drastically decrease, and it would very expensive for the AI to take over. .
However, the drawback of the same would be that people would lose their jobs as robots replaced them, resulting in fewer positions being created and filled, a sharp decline in the human economy and standard of living, and a highly expensive transition to AI. The idea of artificial intelligence also enters the picture as technology advances and develops. The fact that humans invented and built machines that could do human tasks or possibly take their place in future generations has both benefits and drawbacks. This ushers in the robotic era, where they could eventually govern humans. The benefits include the fact that technology will progress significantly, making work done more quickly and effectively while consuming less time. The results are also expected to be positive. Part III addresses the issue of regulation after discussing these changes to the fundamentals of labour law.
It provides three first guidelines for regulating legal matters in the virtual world. This section makes the case that in order to
5 1982 AIR 879
address the current difficulties, both the legislation and technology must be updated and adjusted. In that regard, this Article recommends embracing flexibility as an interpretive tool rather than just as a risk to the protection of labour rights; adding a procedural layer to the fundamentals of labour law that can be more durable in the face of all the changes that the labour field is going through; and using technology as a part of the solution rather than just as a threat to labour rights. Conclusion These are the few of the developments that affected the labour law legislature. The potential to work had greatly changed since the globe was now moving dynamically. The IT industry, building sites, educational institutions, and many more places are all regarded to be work.
There was a stage where people would go to the office to work which meant the actual working and working from home was not considered as working or was socially looked down on. The idea of labour law laws has evolved over time, and employment agreements have been written. presently in accordance with the new rules. It the 21st century and the world is evolved, and so has the technology, we tend to keep in face with the technology and this has changed the perspective of work culture all around the world. Hence it is very essentials to keep in par with the technology. It was been very useful to collect the information and accommodate the same. Now, instead of writing the books of account the same been replaced with the excel sheet and a data base is created in which previous records can be recorded and kept which is useful to understand the trend and profit statement of the company.
In the twenty-first century, since the world and technology have changed, we have a tendency to keep up with them. This has altered how people see work culture globally. As a result, keeping up with technology is crucial. The information was really helpful to get, and it was accommodated. The accounting books have now been replaced with excel sheets, and a database has been established where old information may be stored and documented, making it easier to analyse the company's trend and profit statement. Hence in this paper the topic of improvements made in the labour law administration with respect to technology is been discussed in detail with examples and few cases.
Bibliography
Books Piyali Ghosh, Shefali Nandan (2017) INDUSTRIAL RELATIONS AND LABOUR LAWS, First Edition, McGraw Hill Education. SCC Editorial(2023) P. L. Malik's Handbook of Labour and Industrial Law, twentieth edition, SCC Editorial. Journal articles Sodhi, J. S. (2014). Labour Law Reform in India. Indian Journal of Industrial Relations, 50(1), 100–117. http://www. jstor. org/stable/24547025 Mankiewicz, R. H. (1950). THE CONCEPT AND DEVELOPMENT OF LABOUR LAW. Bulletin Des Relations Industrials, 5(9), 83–87. http://www. jstor. org/stable/23066107 MENON, S. , & MAJUMDAR, I. (2005). India: labour law focus. International Union Rights, 12(3), 12–13. http://www. jstor. org/stable/41937379 Atkinson, J. (2021). ‘Technology managing people’: an urgent agenda for labour law. Industrial Law Journal, 50(2), 324-329. Tenorio, N. , & Bjørn, P. (2019).
Online harassment in the workplace: the role of technology in labour law disputes. Computer Supported Cooperative Work (CSCW), 28(3-4), 293- 315. Craig, J. D. , & Lynk, M. (Eds. ). (2006). Globalization and the future of labour law (Vol. 274). Cambridge: Cambridge University Press. Websites https://www. jstor. org/