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NEGOTIATING COUNCIL UNDER THE INDUSTRIAL RELATIONS CODE AND ASSOCIATIONAL LIBERTY CONCERNS: A CASE OF UNIVERSALISM IN THE MARKET OF PLURALISM
Authors
Himangshu Rathee
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Keywords
Collective Bargaining, Freedom of Association, Constitution, Negotiating Council, Labour rights
Abstract
Labour laws in India is marking a galvanizing shift not only in structures, and mechanisms but also in terms of the underlying principles on which labour law is to be imagined. One of the fundamental alteration is seen in the collective bargaining process. Under the present system, there is no upper limit on Trade Unions in an industrial establishment, but under the new Industrial Relations code, each industrial establishment now can only have one negotiating council. The importance of collective bargaining rests in amicable and genuine solution to the problems, and the nature of problems may and possibly are several. Stripping off and adorning the right to collectively bargain from multiple associations to a single body cast more risks juxtaposition rewards. The current paper intends to examine if the single negotiating council could better the bargaining capacity of the labour adding to meaningful rights protection. Accordingly, the paper is proposed to be divided into four parts. The first part would enumerate the structure, and aim of the paper. The second section, contextualize the labour problem and collective bargaining process in some detail emphasising its importance in Indian market conditions. The Industrial Relations Code intends to create one negotiating council which may not be suited to the labour workforce market considering its composition. Next part would delve into the old and proposed laws in detailing negotiating council, and assess its understanding from a human rights qua international legal standards and fundamental rights perspective. Facially, a single body intends to infringe freedom to form association at its core, and a range of other rights interpretatively, and derivate in form. Last part would end with concluding remarks, and summing up on the need to have multiplicity in collective bargaining process.
IJCRT's Publication Details
Unique Identification Number - IJCRT2307600
Paper ID - 241600
Author type - Indian Author
Page Number(s) - f128-f139
Pubished in - Volume 11 | Issue 7 | July 2023
DOI (Digital Object Identifier) -
No Of Downloads - 76
Author Country - India, 122017, Gurugram, Gurugram, 122017, Social Science All
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Himangshu Rathee, "NEGOTIATING COUNCIL UNDER THE INDUSTRIAL RELATIONS CODE AND ASSOCIATIONAL LIBERTY CONCERNS: A CASE OF UNIVERSALISM IN THE MARKET OF PLURALISM", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.11, Issue 7, pp.f128-f139, July 2023, Available at :http://www.ijcrt.org/papers/IJCRT2307600.pdf
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