CTN PRESS

CTN PRESS

NEWS & BLOGS EXCLUCIVELY FOR INFORMATION TO ENGINEERS & VALUERS COMMUNITY

RIGHT TO WORK – ALL VALUERS NEED TO KNOW

RIGHT TO WORK – ALL VALUERS NEED TO KNOW

Right to work refers to the right of any individual to work or engage in any productive employment and in this process he or she may not be prevented from doing so. It is the right of the workers to gain and keep employment whether or not they belong to a labor union. It is also known as workplace freedom or workplace choice.

Right to Work and Part IV of the Indian Constitution.

The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, both of which were acceded by India, in Article 23 and Article 6 respectively, recognise the right to work in an employment of one’s choice and the State’s responsibility to safeguard this right.

However, the Indian Constitution does not explicitly recognise the ‘right to work’ as a fundamental right. It is placed in Part IV (Directive Principles of State Policy) of the Constitution under Article 41, which hence makes it unenforceable in the court of law. Despite the absence of an express wording of the ‘right to work’ in Part III (Fundamental Rights) of the Constitution, it became a ‘fundamental right’ through a judicial interpretation.




All thanks to the wider interpretation of Article 21 made by the Hon’ble Supreme Court through its judgement in Olga Tellis & Ors. v Bombay Municipal Corporation & Ors.- ‘right to work’ was recognised as a fundamental right inherent in the ‘right to life’.

Labour and Employment Laws

As one goes looking for work it is critical that he/she knows about their rights and liabilities relating to such work.

Labor laws attempt to regulate employment. These laws contain provisions concerning working conditions, wages, welfare, social security, and employer-employee relation. There are various Centre and State made laws which plan to secure and defend the rights of employees/ laborers. It is subsequently mandatory that the contract between the employer and employee adhere to the law of contract and also the pervasive labor laws.

The central laws which address the labor issues are-

  • The Factories Act, 1948.
  • Industrial Employment (Standing Orders) Act, 1946.
  • The Minimum Wages Act, 1948.
  • Payment of Wages Act, 1936.
  • The Industrial Disputes Act, 1947.
  • Employees Provident Funds and Miscellaneous Provisions Act, 1952.
  • Payment of Gratuity Act, 1972.
  • The Payment of Bonus Act, 1965.
  • Maternity Benefit Act, 1961.
  • Workmen Compensation Act, 1923.
  • Equal Remuneration Act, 1976.




The first thing to be remembered is, leave alone the exemptions, since it is the State which authorizes the presence of fundamental rights, the same can only be claimed against the State and not against any private organization. In other words, the right to work must be claimed against the State and not against any private organization.

Salient features

  • Equal pay for equal work– It is one of the rights enshrined in ‘right to work’ as without it the right may prove to be meaningless. It includes a full range of benefits like salary, bonus, etc. an employee should enjoy irrespective of his or her caste. religion, sex, or others.
  • Right to an adequate standard of living-It is essential that every individual has access to food, clothing, shelter, and basic necessities of life to maintain a decent standard of living. Right to work can be helpful in achieving this goal.
  • Labour laws- Labor laws play a prominent role in protecting the right to work of the employees. The laws ensure that laborers are getting fair treatment and protection from any kind of exploitation.
  • Fair remuneration– ‘Right to work’ also enshrines in itself the right to obtain a fair remuneration after the transfer of a good or after providing any service.

To what started as a struggle to stop the demolition of pavement dwellings and slum hutments ended with the Supreme Court recognising ‘right to work’ as a fundamental right. Henceforth, providing every person within the Indian territory with the right to be employed in an employment of their choice, subject to lawful restrictions, to protect them from being deprived of their life. Furthermore, the Right prevents the removal of any person from employment or deprivation of a person from being employed except as per procedure established by law.




error: Content is protected !!
Scroll to Top