Is the right to work and employment recognized by Constitution?

Asked 10-Mar-2018
Updated 03-May-2023
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Yes, the right to work and employment is recognized by the Constitution of India. The Indian Constitution, adopted in 1950, enshrines several provisions that relate to employment and labor rights, including the right to work.

Is the right to work and employment recognized by Constitution

According to Article 41 of the Indian Constitution, the State is responsible for ensuring the right to work, education, and public assistance for those facing unemployment, old age, sickness, disability, or other forms of undeserved hardship, within the bounds of its economic capacity and progress.

Likewise, Article 42 of the Indian Constitution mandates that the State take measures to ensure fair and compassionate working conditions, as well as maternity benefits.

Moreover, Part IV of the Indian Constitution, which outlines the Directive Principles of State Policy, imposes an obligation on the State to promote the well-being of its citizens by securing and safeguarding a just and equitable social, economic, and political system that guides all national institutions. These principles include provisions related to workers' rights, such as equal pay for equal work, protection of the health and strength of workers, and opportunities for promotion and training.

In addition, the Indian Constitution provides for the right to form and join unions, as well as the right to strike. Article 19(1)(c) ensures the right to create groups or unions, and Article 19(1)(g) ensures the right to engage in any profession, occupation, or trade.

The Indian government has also enacted various laws to protect the rights of workers, such as the Minimum Wages Act, the Industrial Disputes Act, and the Payment of Bonus Act. These laws provide for minimum wages, protections against unfair labor practices, and the provision of bonuses to workers.

International human rights norms acknowledge the right to work and employment as a crucial human right. India has ratified multiple global agreements and pacts, including the International Covenant on Economic, Social, and Cultural Rights, which identifies the right to work and employment as a fundamental human right.