The Public Sector Undertakings (PSUs), which are corporate entities under government control, hire people from the private sector, government employees, and other personnel fall into one of three primary groups according to Indian labor and employment laws. The Indian Constitution contains provisions pertaining to the rules and regulations that govern the employment of government personnel. As a result, government workers benefit from statutory service claims, tenure protection, and automatic pay raises every year. Employees in the public sector are subject to their own service norms, which are either based on statutory instructions or, in the case of statutory organizations, have statutory effect. Employees in the private sector fall into two main categories: management personnel and laborers.

Since there are no laws pertaining to their employment, management and supervisory staff members' terms of employment are determined by their individual employment contracts, and they can terminate their employment in accordance with those contracts. Many workers are unaware of their legal rights and the measures taken by Indian law to safeguard them. It is crucial for workers in any company to understand their legal rights. Many people join companies without knowing the laws governing hiring and firing, which leads to many employers abusing their workforce.

Every law may apply when hiring someone, whether they are doing it on a full-time basis, directly, permanently, for a certain term, or temporarily. There are currently no rules in India that specify the process or method for employing workers in the private sector. Employers can hire workers on a contract or permanent basis. Job ads in newspapers, recruiting agencies, internet job portals, and personal networks are some of the ways that employers hire workers.

A permanent employee may only be fired for wrongdoing that has been substantiated or for persistently missing work. A contract between the employer and the employee would control the terms of the job, whether it be on a contract basis or as a permanent employee. But the Local Shops and Establishments Act is also crucial to these kinds of clauses.

Labor laws have changed over time in terms of their purpose and reach. Employers' interests were protected when the first labor laws were passed. It was ruled under the laissez-faire philosophy. Conversely, the goal of contemporary labor laws is to shield employees from employer exploitation. The idea of progressive social philosophy, which gave rise to the welfare state concept, has made the previous laissez-faire theory outdated. The theories of "supply and demand" and "hire and fire," which found wide application under the previous laissez-faire ideology, are no longer relevant. India's labor market is shaped by a multitude of laws and regulations that control hiring, firing, and work conditions.

Companies claim that even while the policies are intended to improve worker welfare, they frequently have the opposite effect, encouraging businesses to remain small or use contract workers to get around legal requirements. Since 93% of workers are employed in the unorganized sector and do not receive social security or any other type of employment, the regulations only help a small portion of the workforce.

The evaluation of a company's management quality now revolves around a number of factors, including productivity, customer service, cost effectiveness, meeting delivery deadlines, technological modernization, and technological advancement. Increased competitiveness and investment flows in all of these areas are dependent on labor reforms.

Social Justice and Labour Laws
Since the Constitution was enacted, the Supreme Court has really been continuously legislating in the area of labor legislation. Despite the ever-changing nature of industrial law, the Supreme Court has played a leading role in developing the fundamental concepts that are still widely adhered to today.

In the context of society's social and economic framework, social justice refers to the equitable balancing of the many interests involved. Its ultimate goal is to bring about peace in industry by fostering harmony in industrial relations on an ethical and economic foundation. Thus, one goal of peace in industry is social fairness. Social justice is therefore an implementation of the fundamental principles of labor laws. Introduction to Labor Law Social Justice aims to address the fact that employees have little leverage while negotiating on behalf of their employers.

The Supreme Court made an observation in J.K. Cotton Spinning & Weaving Mills v. Labour Appellate Tribunal. The relevance, validity, and significance of the social justice theory have been highlighted by the evolution of industrial law over the past ten years and by a number of this court's rulings pertaining to industrial problems. Social justice is not a limited, dogmatic, or biased concept. It covers a wide area. Its goal is to aid in the elimination of socioeconomic inequities and is based on the fundamental ideal of socioeconomic equality. However, it takes a realistic and pragmatic approach rather than a dogmatic one when handling industrial concerns and refuses to submit to abstract ideals out of blind faith.

The Industrial Court's decision-making process must adhere to industrial law and be based on established standards. The Supreme Court has issued a warning, stating that since increased productivity is urgently needed, the Tribunal shouldn't be overly lenient when it comes to giving leave. Similarly, living accommodations cannot be granted by an Industrial Court to employees because doing so would place an excessive burden on the company.

The Supreme Court noted in Patna Electric Supply v. Workers Union that Social Security for the underprivileged is extremely important. However, we are unable to ignore the constraints that govern our lives. Although it is important to remember our social objectives, failing to approach our challenges pragmatistically could undermine our purpose. Therefore, the Industrial Courts must reconcile the opposing demands of the employer and employee in order to uphold social justice. The employer's basic right to manage his company must be balanced with the employee's right to social justice. The former concerns the domain of our Constitution's essential rights, while the latter is related to the Directive Principles.

Hiring the Employees
Regarding the format of the contract There are no set legal criteria regarding the required format of an employment agreement, with the exception of some State-specific rules that require an employer to provide a letter outlining specified areas of employment. Either the employer issues an appointment letter outlining the terms and conditions of employment, which the employee signs, or the employer and employee enter into a bilateral written agreement, is the standard procedure. An oral employment agreement is possible. According to the terms of the Indian Contract Act of 1872, acceptance of such a contract must be expressed in a customary and reasonable manner and must be unconditional.

Nonetheless, in order to prevent disagreements down the road, a formal employment contract is advised. When it came to blue-collar workers, appointment letters were typically sent out rather than an employment contract between the business and the worker. But formal employment agreements with the employees are becoming more and more widespread.

Conclusion
In India, there are 51 laws pertaining to workers and employees that address every facet of social security, pay, welfare, and working conditions. It is necessary to inform factory workers on the firing laws because it is common for them to be fired abruptly and without cause. The study's attempt to provide a legal framework for hiring and firing practices was hindered by the paucity of existing literature on the subject. Because they have the freedom to hire and fire employees based on their business needs, the hypothesis has been proven correct. The idea of progressive social philosophy, which gave rise to the welfare state concept, has made the previous laissez-faire theory outdated.

Written By: Akanksha