ABSTRACT
This paper presents a comprehensive comparative analysis of labour laws across multiple jurisdictions, with the central focus on India, against legal frameworks of South Asian nations such as Pakistan, Bangladesh, Sri Lanka, Nepal, and Bhutan. The study critically examines the evolution, implementation, add effectiveness of these legal systems, particularly in relations to key themes such as minimum wages, working hours, employment contracts, collective bargaining, child labour, dispute resolution, and socio-economic influences.
The research work is based on the data collected by the secondary sources such as books, articles, newspapers, journals, etc. The collection of data has been analyzed through suitable techniques at different places.
COMPARATIVE ANALYSIS ON LABOUR LAWS IN SOUTH ASIA
Labour Laws across South Asian countries reflect the socio-economic political, and historical contexts of the region. Despite sharing colonial legacies, economic dependencies on informal labour, and commitments to international labour standards, the six nations – India, Pakistan, Bangladesh, Sri Lanka, Nepal, and Bhutan, exhibit distinct approaches to regulating work and protecting workers. This comparative analysis seeks to evaluate the effectiveness and debt of labour legislation in these countries by focusing on key thematic areas such as worker rights and conditions, employment relations, collective bargaining, social protection, enforcement mechanisms, gender equality, treatment of migrant workers and informal labour, and the inclusion of marginalized groups. Understanding these dimensions helps identify both progress and persistent challenges, while also contribution to ongoing policy debates about the future of labour governance in the region.[1]
COMPARATIVE ANALYSIS ON EMPLOYMENT RELATIONSHIP
India : India has a dualistic system where the employment relationship is governed by both individual contracts and statutory protections. The formal sector is regulated through various acts like the Industrial Disputed Act and the newly qualified labour laws. However, a large proportion of the workforce is in the informal sector, which lacks sufficient legal coverage. Contractual employment and causation have increased, and while legal framework exists, their implementation is consistent.[2]
Pakistan : In Pakistan, employment relationships are formalised through written contracts, especially in the organised sector.Labour laws such as the Industrial and Commercial Employment (Standing Order) Ordinance, 1968, defines the terms and conditions of employment, and specify the obligations of both employers and workers. Despite legal provisions, informal employment remains prevalent, and enforcement mechanisms are relatively weak.[3]
Bangladesh : The Bangladesh Labour Act, 2006 regulates employment relationships. Hit mandates tea issuanceof appointment letters and identity cards to employees, helping formalise the employment relationship. Yet, a significant number of workers, particularly in the garment industry, are still employed in formally or on verbal agreements, making them vulnerable to exploitation.
Sri Lanka : Sri Lanka has relatively structured employment relationships with clear legal provisions under statutes such as the Industrial Disputes Act and Termination of Employment of Workmen (Special Provisions) Act. Employees required to issue letters of appointment, and the contract system is widely practiced. However, informal work, especially in rural and plantation sectors, possess challenges to legal enforcement. [4]
Nepal : Nepal’s Labour Act, 2017 provides a robust legal framework that covers various forms of employment relationships including regular, casual, and contract employment. It mandates written contracts and protects against arbitrary dismissal. However, practical implementation remains weak due to limited institutional capacity and high informal employment.
Bhutan : In Bhutan, the Labour and Employment Act, 2007 governs employment relationships, requiring return agreements and clear terms of employment. The law recognises different types of employment and includes provisions for protection of rights and dispute resolution. While legal structures are in place, enforcement challenges persist due to limited awareness and capacity.[5]
[1]Comparative Study on Labour Laws in India and Other Developed Nations, International Journal for Multidisciplinary Research (IJFMR), Vol. 5, Issue 3, May 2023, pp. 1–9, available at: https://www.ijfmr.com/papers/2023/5/6392.pdf.
[2]BBC News, “Indian Factory Workers supplying major brands allege routine exploitation”, BBC, 17 Nov. 2020, available at : https://www.bbc.com/news/world-asia-54960346
[3]The Pakistan Code, Ministry of Law and Justice, Government of Pakistan, available at : https://pakistancode.gov.pk/english/LGu0xVD-apaUY2Fqa-bg%3D%3D&action=primary&catid=5
[4]Simplebooks, Labour Law in Sir Lanka : Everything You Need to Know, available at : https://simplebooks.com/srilanka/labour-law-in-sri-lanka/
[5]Multiplier, Bhutan Employment Laws, available at : https://www.usemultiplier.com/bhutan/employment-laws