Labour Laws & Industrial Relations Laws

8/13/2019 Labour Laws & Industrial Relations Laws

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LABOUR LAWS &

INDUSTRIAL RELATIONS


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LABOUR LAWS & INDUSTRIAL

RELATIONS LAWS
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LABOUR LAW

Labour law (or "labor", or"employment" law) is the body of laws,administrative rulings, and precedentswhich address the legal rights of, andrestrictions on, working people andtheir organizations. As such, it

mediates many aspects of therelationship between trade unions,employers and employees.


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LABOUR LAW

there are two broad categories oflabour law.

First, collective labour law relates tothe tripartite relationship betweenemployee, employer and union.

Second, individual labour lawconcerns employees' rights at workand through the contract for work


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OBJECTIVES OF THE LAW To have uniform standing orders in respect

to workers , factories and workingrelationship.

To ensure that the terms and conditions ofthe employment are known to the employeeand thus minimize exploitation of theworkers.

To promote industrial peace and harmony bypromoting fair industrial practices.


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Industrial Relations

Industrial relations is used to denote thecollective relationships between managementand the workers.

Traditionally, the term industrial relations isused to cover such aspects of industrial lifeas trade unionism, collective bargaining,workers participation in management,discipline and grievance handling, industrialdisputes and interpretation of labor laws andrules and code of conduct.


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Concept of IndustrialRelations

The term Industrial Relations comprises of twoterms: Industry and Relations. Industry refers toany productive activity in which an individual (or agroup of individuals) is (are) engaged. By relationswe mean the relationships that exist within theindustry between the employer and his workmen.

The term industrial relations explains the relationshipbetween employees and management which stemdirectly or indirectly from union-employerrelationship.


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Actors in the IR system Actors in the IR system

Three main parties are directly involved in industrial relations:

Employers: Employers possess certain rights vis--vis labors. Theyhave the right to hire and fire them. Management can also affectworkers interests by exercising their right to relocate, close or mergethe factory or to introduce technological changes.

Employees: Workers seek to improve the terms and conditions oftheir employment. They exchange views with management and voicetheir grievances. They also want to share decision making powers ofmanagement. Workers generally unite to form unions against themanagement and get support from these unions.

Government: The central and state government influences andregulates industrial relations through laws, rules, agreements, awardsof court ad the like. It also includes third parties and labor and tribunalcourts.


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Objectives of Industrial Relations

The main objectives of industrial relations system are:- To safeguard the interest of labor and management

by securing the highest level of mutualunderstanding and good-will among all thosesections in the industry which participate in theprocess of production.

To avoid industrial conflict or strife and developharmonious relations, which are an essential factor inthe productivity of workers and the industrialprogress of a country.

To raise productivity to a higher level in an era of fullemployment by lessening the tendency to highturnover and frequency absenteeism .


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LABOUR LAWS


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Why Labor Legislation Laws?

Industrialization creates a number of socialand economic problems like employment ofwomen and children, minimum wages, tradeunions, in sanitary living quarters anddeplorable working conditions in thefactories, etc.

Labor laws are, therefore, enacted tofacilitate their solutions, as ordinary civillaws are inadequate to meet them.


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Why Labor Legislation Laws?

The State has adopted a progressive policy,and is keeping pace with the labor policy ofthe Government of India and the standard

laid down by the International LaborOrganization.

These laws also deal with the regulation ofindustrial relations between the managementand the workers.


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The Indian Factories Act, 1948 All the Factories Acts from 1934 to 1947 were

repealed (cancelled/abolished) and a new Act calledthe Factories Act, 1948, was enacted.

It incorporates several provisions for the welfare oflabor.

To enforce the provisions of the Act and to look afterthe general welfare of the employees, Labor WelfareOfficers have been provided in the factories.

The Indian Factories Act of 1948 provides for thehealth, safety and welfare of the workers


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Contract Labor (Regulation &Abolition) Act , 1970

The objective of the Contract Labor Act is to regulate theemployment of Contract Labor in certain establishments and toprovide for its abolition in certain circumstances and for mannersconnected therewith.

The Contract Labor Act extends to whole of India.

Areas and industries as notified by the Central Government.

It applies to every establishment or contractor wherein 20 or moreworkmen are or were employed on any day of the preceding 12

months as contract labor.

The appropriate government is empowered to extend the applicationof the act to any establishment or contractor employing even lessthan 20 workers as Contract labor


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THE CHILD LABOUR(Prohibition and Regulation) ACT, 1986

An Act to prohibit the engagement ofchildren in certain employments and toregulate the conditions of work of children incertain other employments

. Child: Child means a person who has notcompleted his fourteen years of age.

APPLICABILITY: It extends to the whole of India.


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CHILD LABOUR TECHNICAL

ADVISORY COMMITTEE:

The central government may by notificationconstitute a child Labor technical advisorycommittee to advise the central govt. for the

purpose of addition of occupations to theschedule of the Act. (Section-5).

The Employment of Children Act, prohibits theemployment of young children below the ageof 14 years in certain risky and unhealthyoccupations.


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INDUSTRIAL RELATIONS

LAWS


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THE TRADE UNIONS ACT,1926

OBJECTIVE: To provide for the registration of tradeunions and to define law relating to registered tradeunions.

APPLICABILITY: It extends to the whole of India.

TRADE UNIONS: means any combination whethertemporary or permanent formed primarily for the purpose

of regulating the relations between workmen andemployers for imposing restrictive conditions on theconduct of any trade or business, and includes anyfederation of two or more trade unions.


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INDUSTRIAL DISPUTES ACT1947 -I

The Industrial Disputes Act, 1947 cameinto existence in April 1947. It was enactedto make provisions for investigation andsettlement of industrial disputes and forproviding certain safeguards to the workers .

The Industrial Disputes Act, 1947, provides for theinvestigation, and settlement of industrial disputes bymediation, conciliation, adjudication andarbitration., there is scope for payment ofcompensation in cases of lay-off and retrenchment.


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INDUSTRIAL DISPUTES ACT1947 -II

2A. 1[ Dismissal, etc., of an individual workmanto be deemed to be an industrial dispute.-Where any employer discharges, dismisses,retrenches, or otherwise terminates the services

of an individual workman, any dispute ordifference between that workman and hisemployer connected with, or arising out of, suchdischarge, dismissal, retrenchment ortermination shall be deemed to be an industrialdispute notwithstanding that no other workmannor any union of workmen is a party to thedispute.]


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The Industrial Employment(Standing Orders) Act, 1946

The Industrial Employment (Standing Orders)Act, 1946, requires employers in Industrial

establishments to define precisely theconditions of employment under them andmake them known to their workmen. Theserules, once certified, are binging on the parties

for a minimum period of six months.


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INDUSTRIAL DISCIPLINE ANDMISCONDUCT ACT

Act as "conduct of a kind such that it would be unreasonable torequire the employer to continue employment".

Serious criminal offence e.g. murder, armed robbery etc.

* Serious cases of negligence endangering consumers, staff and/orothers.* Being affected by alcohol or drugs whilst on duty.* Property offences e.g. theft, willful damage etc. Any deliberate action which endangers consumers, staff and/or

others.

Poor performance:Where a staff member is not performing their duties to a satisfactory

standard. This applies only to the standards which have been set;


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WAGES AND LABOUR

LAWS


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MINIMUM WAGES ACT 1948

The Minimum Wages Act, 1948, ensures the

fixation and revision of minimum rates ofwages in respect of certain scheduledindustries involving hard labour.


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The payment of wages Act, 1936

The payment of wages Act, 1936,regulates the timely payment of wageswithout any unauthorized deductionsby the employers.


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THE PAYMENT OF BONUS ACT,1965

An Act to provide for the payment of bonusto persons employed in certainestablishments on the basis of profits or onthe basis of production or productivity and

for matters connected therewith . Every employee shall be entitled to be paidby his employer in an accounting year,bonus, in accordance with the provisions ofthis Act, provided he has worked in theestablishment for not less than thirtyworking days in that year.


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EQUAL REMUNERATION ACT,1976

An act to provide for the payment of equalremuneration to men and women workers and for theprevention of discrimination, on the ground of sex,against women in the matter of employment and for

matters connected therewith or incidental thereto

Duty of employer to pay equal remuneration to menand women workers for same work or work of similarnature.

No discrimination to be made while recruiting menand women workers


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LAWS FOR LABOURWELFARE AND SOCIAL

SECURITY


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THE WORKMENSCOMPENSATION ACT,1923

The Workmens Compensation Act, 1923,provides for compensation to injured workmenof certain categories and in the case of fatalaccidents to their dependants if the accidentsarose out of and in the course of theiremployment.

It also provides for payment of compensationin the case of certain occupational diseases.


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The Employees State Insurance Act,1948

The Employees State Insurance Act, 1948,

provides for sickness benefit, maternity benefit,disablement benefit and medical benefit.


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The Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961, provides forthe grant of cash benefits to women workers

for specified periods before and afterconfinements. Paternity leave policieshave also been introduced by variouscompanies.


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The Employees Provident Fund Act,1952

The Employees Provident Fund Act, 1952, seeksto make a provision for the future of industrialworker after he retires or in case he is retrenched,or for his dependents in case of his early death.


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The Payment of Gratuity Act,1972

The Payment of Gratuity Act, 1972 applies tofactories and other establishments employing ten ormore persons.

On completion of five years service, the employeesare entitled to payment of gratuity @15 days wagesfor every completed year of service or part thereof inexcess of six months subject to a maximum ofRs.3.50 lakh.

The current maximum limit is applicable from24.9.1997. The wage ceiling for coverage under theAct has since been removed w.e.f. 24.05.1994 .

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Labour Laws & Industrial Relations Laws