Labour Justice : A Constitutional Evaluation of Labour Law / Supriya Routh.

Format:

Book

Author/Creator:

Routh, Supriya, author.

Language:

English

Subjects (All):

Labor laws and legislation--India.

Labor laws and legislation.

Constitutional law--India.

Constitutional law.

Labor laws and legislation--India--Evaluation.

Physical Description:

1 online resource (xxv, 230 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge, England : Cambridge University Press & Assessment, [2024]

Summary:

"This book argues that the imagination of the worker-citizen, inherent in citizens' constitutional duty to work, is the very foundation of constitutional citizenship and its social justice agenda in India. The design of social justice in the constitution takes labour as its core ideological and political commitment, seeking to treat workers fairly for their social contribution through work. Employing this constitutional design, this book evaluates the recently repealed labour law in India against the constitutional metric of social justice. Drawing on the components of social justice, the book evaluates the new labour law in its capacity to promote a market-based distribution that respects basic individual liberties, a complementary redistribution of public goods that upholds the principle of solidarity, and worker participation in decisions about the operation of the market and the state. In offering such evaluation, the book conceives of work in its wider social relationship in contrast to its narrower private exchange rationale"-- Provided by publisher

Contents:

Cover

Labour Justice

Title

Copyright

Dedication

Contents

Preface

Acknowledgements

Introduction: The Law of Labour

Evaluating the Labour Law Reforms

Introduction

The Constitutional Social Justice Agenda

The Role of Legislation

A Contextual Evaluation of Labour Law

An Outline of Arguments

Notes

1 Labour's Constitution: Pursuing Economic, Social and Political Justice

Worker-Citizens as Subjects of Justice

Social Justice as a Basic Structure of the Indian Constitution

Components of a (Liberal) Theory of Social Justice

The Architecture of Accountability for Legislative Standards

Conclusion

2 Individual Autonomy, Freedom of Contract and the Labour Market

The Common Law of (Individual and Collective) Employment Relationship

The Nature of Employment Contract in India: Balancing Individual Autonomy and State Paternalism

Informal Workers, Market Freedom and State Paternalism

The Labour Law Reforms: The Withdrawal of State Paternalism

3 Solidarity and Social Welfare

Social Security for Formal Workers

Social Security for Informal Workers

Restricted Scope of Social Security under the Reforms

The Social Security Boards and the Potential for an Expansive Industrial Relations Framework

4 Industrial Democracy and Republican Citizenship: Collective Action in Resource Redistribution

Characteristics of Legitimate and Authentic Law-Making

Collective Participation in Market-Based Distribution: Trade Unionism and Law-Making

Collective Bargaining

Strike

Informal Worker Market Participation

Collective Participation in Redistribution of Material Resources: Worker Aggregations and Law-Making

Combination, Coalition and Participatory Law-Making: Is Competition Law an Impediment?

Conclusion: Realising Labour Justice

The Foundation of Labour Law in India

Theorising Labour Law

The Labour Law Reforms of 2020: Guiding Values

A Concluding Note on Overcoming the Slave (Juridical) Mentality

Bibliography

Index

Notes:

Title from publisher's bibliographic system (viewed on 30 Apr 2024).

Description based on print version record.

Includes bibliographical references and index.

ISBN:

9781009488204

1009488201

9781009445368

1009445367