Employment Nature & Agreement
Employment law is a branch of the law that deals with the relationship between
employers and workers, including the responsibilities that employers might
demand of them and the rights that workers have at work. The legalities of
self-employed job are also covered by employment law.
It is a synthesis of several different types of laws, including Contract Law,
Employment Law, Consumer Protection Law, and, most significantly, Intellectual
Property Law, which can be viewed as the cornerstone of Fashion Law. Laws were
introduced to preserve the industry's legal, and notably IP portfolio, and to
govern every stage of a garment's life cycle, from the yarn to the shop windows,
as is the case with any field that enjoys the kind of economic expansion that
the fashion industry did.
People are aware of instances of design infringement and copying, but as people
become more aware of intellectual property regulations, IP producers who
previously felt helpless in the face of a massive black market for counterfeit
goods are now more vigilant. It has now compelled both designers and
manufacturers to recognise their legal rights and take the appropriate actions
to safeguard their interests.
There are four layers to the fashion industry: the manufacturing of raw
materials, primarily fibres and textiles but also leather and fur; the creation
of fashion goods by designers, manufacturers, contractors, and others; retail
sales; and various forms of advertising and marketing. The growth of technology
and the capitalist system brought to competitiveness in the industry.
While the first goal of clothes was a need or requirement, fashion gradually
became a commercial good that was diversified, dynamic, and worldwide. Fashion
had evolved into a universal art phenomenon thanks to the designers, who created
products in one nation, produced them in another, and then sold them all over
the world. This product was typically sold at high end specialised stores with
hefty price tags, while the apparel line was sold in retail stores at lesser
It was divided into high fashion and apparel, both developed by professionals
and marked with the creator's mark. A designer is constantly working to
transform the existing cloth into something more attractive due to constantly
changing styles, trends, and customer demand, and as a result, there is always a
risk of copycat. Duplication of their designs is a major worry for designer
firms like Celine, Gucci, Dior, and others.
Although clients gain from the cheaper prices on knockoff goods, the brand
suffers from a decline in sales of the original designs. Although there are
regulations in place to prevent such copying or passing off, they are not
sufficient in the current market environment to effectively safeguard such
designs. The adaptability of the product line, the ability to meet consumer
demand, cultural change, and popular tastes are additional aspects that cause
considerable disagreement in the otherwise harmonious process of producing
The fashion business is not just concerned with designs but also with all of the
processes involved in creating a finished product; marketers, photographers,
fitting models, and runway models all have specific rights that call for much
discussion and consideration. The varying pricing structures for raw materials
like textiles and other raw materials made from such materials, the cost of
labour in other countries, and the thin line between creating a piece of
clothing and producing fashion necessitate ongoing attention and advancement the
study attempts to examine the much debated subject of uniformity and the
strengthening of rules pertaining to the fashion industry.
Applicable Laws (Labour Codes and Human Rights)
While workers in the fashion business are protected by standard labour laws and
workplace rules in general, there may be some rights that are specific to the
According to the Labour Codes, 2020, a "person who performs work or participates
in a work arrangement and earns from such activities outside of typical
employer-employee relationship" is referred to as a "gig worker." These
regulations would be very advantageous for gig workers, freelancers, and other
occupations that fall beyond the ambit of traditional employee relations.
Gig workers were given "social security" under the Code of Social Security 2020,
which is defined in the Act as "the measures of protection supplied to
employees, unorganised workers, gig workers, and platform workers to ensure that
they have access to health care and to offer financial security, especially in
circumstances of old age, unemployment, sickness, invalidity, work accident,
maternity, or death of a breadwinner, through the rights granted to them and the
programmes created under this Code.
The gig workers are given the following benefits under the Act, including:
- Disability and life insurance
- Insurance for accidents
- Relief for pregnant women's needs
- Protection from old age
- Or any other government-provided benefit or protection plans.
The LGBTQ+ community should have special programmes available since they are a
vital component of both society and the fashion community, as much as the
government appreciates such facilities. When necessary, fathers working in the
industry may be given paternity leaves and other relevant perks.
The new labour laws have come into effect, and they apply to every business,
including the fashion industry. The social security benefits and protections for
gig, contract, and platform employees were the centrepiece of the labour
reforms. Gig workers fall mostly into the category of employees who do not fall
within the usual definition of the employee-employer relationship. For e.g.
Journalists, freelancers, and writers who work in the fashion sector.
The advantages would include things like health insurance, maternity benefits,
senior citizen benefits, accident insurance, and many others. Recognizing gig
workers would improve job variety and aspects in the fashion industry. In the
Union Budget for 2021, Finance Minister Nirmala Sitharaman reassured gig workers
on their social security.
'Rural areas' knowledge of IP rights:
The property of "intellect", unique creative work, and artists are protected by
intellectual property rights from future infringements. India has a strong
heritage and handloom industry, but there is less awareness in the rural areas,
where artisans are frequently forced to sell their original creations to the
major fashion industries. These artisans' moral rights ought to be upheld and
supported in this situation. To raise understanding of the intellectual property
rights of small-scale companies, numerous customary government training and
seminars are available.
If small businesses are coerced into using such market techniques, it is
imperative to shield them from future protracted legal fights.
'Performers' moral rights:
Although the fashion business is not new to modelling and fashion shows, little
is known about their moral rights as performers. The performer's moral rights
are discussed in Section 38B of the Copyrights Act of 1957. To "restrain or
claim damage in respect of any distortion, mutilation, or other change of his
performance that would be damaging to his reputation," according to Section
Models should have moral rights over their "performance" in fashion shows
because it's possible that, during broadcast, the models' ramp walk or other
performance will be changed or modified. The term "artist" applies to fashion
"Performer" is defined in Section 2(qq) of the Copyrights Act of 1957 as "an
actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer,
person presenting a lecture, or any other person who makes a performance;"
Even though "any other individual who makes a performance" is mentioned in the
definition, fashion models are not specifically mentioned as performers. Models
in the fashion sectors fall within a broad definition of the performance.
Whether it is based on sex, identity, colour, religion, gender, ethnicity, or
any other factor, you have the right to be free from all forms of industry-wide
discrimination. With the passing of time, there has been a discernible shift in
how people view beauty in the fashion industry, from plus-size models to the
ethnic diversity in the fashion shows. Fashion industry workers, such as models,
have a right to fair treatment in the workplace and equal access to
Posh (Prevention Of Sexual Harassment)
Gender-based violence includes the sexual harassment of women in the workplace.
It not only violates their human and constitutional rights, but also their
self-respect, dignity, and self-esteem. Although it is not a recent phenomenon,
the problem of sexual harassment in the workplace has undoubtedly come to light
as a result of rapidly shifting workplace dynamics. The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, governs
this in India (POSH Act).
The Act shields women against sexual harassment at work. Additionally, it offers
provisions for stopping and addressing sexual harassment claims. Sexual
harassment affects every woman, regardless of whether she works in an industry
with male bosses, coworkers, or owners; whether she works in the service
industry with clients, customers, and senior employees; whether she attends
college with male professors, students, or colleagues; or whether she maintains
a home with male partners.
Employers are blatantly ignoring these practises, which have spread like
wildfire. The women not only encounter sexual harassment in person, but also
digitally. Although this term's exact definition has not been established
anywhere, it was defined in the landmark case of Vishakha v. the State of
Rajasthan (1997) .
The following list of inappropriate sexual behaviour is included in the
definition of sexual harassment:
Sexual harassment includes such unwelcome sexually determined behaviour (whether
directly or by implication) as
- Physical contact and advances;
- A demand or request for sexual favours;
- Sexually-colored remarks;
- Showing pornography; and
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual.
Rights of Fashion Models, Photographers, Designers, and other stakeholders
The topic of fundamental human rights in fashion modelling is vast because it
encompasses everything from the freedom from discrimination to the right to
privacy. The usage of models' private photos without their permission is not
Every model has the legal right to privacy, which essentially means that they
shouldn't be the target of public shaming.
Models are allowed to bring slander claims in court.
A US non-profit organisation called Model Alliance passed the MODELS BILL OF
RIGHTS, which outlines a number of rights that models are entitled to.
- Professionalism is a right for models.
- Every Agency should work to ensure the provision of a private changing area to
which photographers are not granted access.
- It also provides for strict penalties meted out to fashion designers who
sexually harass, assault, or rape their models.
- Models have the right to transparent accounting practises, control of their
careers, and negotiable commissions.
- It also caters for special provisions for models under the age of 18.
Fashion would be meaningless without images. We must educate photographers about
their rights in order to prevent exploitation of their work because they play
such an important part in the fashion business.
The photographer has the freedom to create their work however they want, to
modify it, and to publish it anywhere they like. Photographers have the option
of registering their work's copyright. Although it is not required, it is
advised because the photograph's copyright is activated as soon as it starts to
After a design is registered, a designer has certain rights as both a
designer and an additional stakeholder:
- The right to use a registered design exclusively and the right to
prevent infringement on the design
FDCI/Fashion Council Regulations
A non-profit organisation, the Fashion Design Council of India, promotes the
Indian fashion industry and seeks to secure its long-term success. It supports
and encourages its 400+ members, who embody the pinnacle of Indian fashion.
Among them are companies, educational organisations, and designers of clothing
The fashion industry still has a glaring absence of laws and regulations while
having significant environmental and social impacts.Growing trends can be seen
in sustainable fashion. More and more buyers are thinking about how their
purchases will affect society and the environment.
In response, businesses are expanding their selection of environmentally
friendly clothes and working to guarantee that ethical manufacturing methods are
implemented throughout their supply chains.
GOTS certified cotton and Fair trade are two examples of sustainability
certifications that ethical brands can use to support their sustainability
But is this reliance on customer pressure and brands' voluntarily taking action
suffice? Or are stricter rules and laws required in order to hold the fashion
We examine the significance of the role that governments can play in the fashion
sector and look at some of the new laws that have been proposed.
At the turn of the 20th century, did the clothing business transition to
fashion? Considering the 1990s, has fashion changed? Maybe there's a new fad
that's come out? A growing number of companies and websites with an ethical bent
have developed at the beginning of the twenty-first century, highlighting the
effects of fashion on the environment and labour rights. Fashion has also
received more scholarly attention.
Not completely gone, but changed, is the fashion industry. The future holds yet
another important change. Western fashion will need to successfully acclimatise
to new global constraints even though it hasn't yet perished.
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