LIJDLR

decent work

A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL

Volume IV Issue II /

A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL Adv. Charu Sharma, Practicing Advocate at Jawali, Himachal Pradesh (India) Shubham Upadhaya, LL.M. Scholar at Faculty of Legal Sciences, Shoolini University, Solan, Himachal Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.188 This study examines the constitutional status of the right to decent work in India, South Africa, and Brazil, three major democracies of the Global South that confront persistent labour-market inequalities and significant informal employment. The concept of decent work derives from international legal and policy frameworks, particularly the International Labour Organization’s Decent Work Agenda and Articles 6 to 8 of the International Covenant on Economic, Social and Cultural Rights. The research addresses a key gap in comparative constitutional scholarship by analysing the extent to which these jurisdictions recognise, protect, and enforce decent work as a justiciable socio-economic right. Using a doctrinal and comparative methodology, the study evaluates constitutional provisions, judicial decisions, labour legislation, and recent policy developments between 2018 and 2025. The findings reveal that India protects elements of decent work indirectly through Articles 14, 21, and the Directive Principles of State Policy, but does not expressly guarantee an enforceable right. South Africa provides stronger textual protection under Section 23 of its Constitution, although implementation remains uneven, particularly for migrant and informal workers. Brazil constitutionally recognises labour rights under Articles 6 and 7, yet labour deregulation and continuing informality have weakened effective protection. The study concludes that constitutional recognition must be complemented by robust enforcement mechanisms, stronger labour institutions, and inclusive protection for gig, migrant, and informal workers.

A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL Read More »

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS

Volume III Issue II /

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS Dr. S. Vijayalakshmi,HOD, Bharat Institute of Law, Chennai Sai Prarthana M, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.60 With the global growth of gig platforms, a non-standard form of employment has now emerged. The traditional employer-employee relationship and its permanence are absent. This economy has created a new form of workers. They are considered freelance workers who work as and when the demand arises from the consumers. The essential aspect of this economy is the work on digital platforms. In gig work, the consumers would demand labour digitally through apps. These digital platforms would create millions of jobs around the world. Recently, in June 2022, the NITI AYOG released its latest report, ‘India’s Booming Gig and Platform Economy – Perspectives and Recommendations of the Future of Work’ – which exhibited a detailed analysis of the economy’s growing significance in India. Further, the report has outlined the road map to achieve especially 8th Goal of SDG for Decent work and Employment Growth to all. Though India has interfaced with gig–platform work to boost the economy with greater fervour during the Corona period, yet, the policy and legislations are at an infant stage and yet to be formulated and finalized. Meanwhile, the age-old labour legislations are undergoing a sea change in the name of simplifying them. The new codes on Wages, Industrial Relations, Social Security, and Occupational Safety and Health have yet to be appropriately enacted, and rules need to be established by the Central and State governments for the protection of the rights of employees. Ultimately, the goal is to achieve the Sustainable Development Goals, by the UN and the ILO for better and sustainable legislations pertaining to labour law. India has already outlined the road map to the 8th Goal of SDG. The SDGs do matter in developing sustainable communities when focused on their achievement in India. We are at the earliest stage towards making in policy for gig/platform workers as they are going to occupy the Indian economy at a greater level.

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS Read More »