Labour Laws.ppt

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Labour Laws By

Dr. A. Raja Mogili

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Compliance of Laws by a Legal Entity

Plethora of legal legislations govern a legal entity viz.,

1. Corporate Laws2. Taxation & Economic Laws3. Environment, Health & Safety Laws4. Industrial, Labour & HR related Laws5. Miscellaneous Laws including State Laws. Clause-49 (Listing Agreement) requirement – Board

shall periodically review compliance of all applicable Laws as well as steps taken by the Company to rectify instances of non-compliances.

Compliance certificate by the Corporate Executives to the Board.

Compliance Monitoring Systems (CoMS)

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Major Labour Legislations - Classification

A. Major Safety and Welfare Legislations

1. Factories Act, 1948

2. The Apprentices Act, 1961

3. Employment of Children Act, 1938

4. The Mines Act, 1952

5. The Motor Transport Workers Act, 1961

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A. Major Safety and Welfare Legislations

6. The Explosives Act, 1884

7. The Petroleum Act, 1934

8. Indian Boilers Act, 1923

9. Employers’ Liability Act, 1938

10. Fatal Accidents Act, 1855

11. Plantations Labour Act, 1951

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B. Major Social Security Legislations

1. The Workmen’s Compensation Act, 1923

2. The Employers’ Liability Act, 1938.

3. The Employees’ State Insurance Act, 1948

4. The Employees’ PF and Misc. Provisions Act, 1952

5. The Maternity Benefit Act, 1961

6. Personal Inquiries (Compensation Insurance) Act, 1963

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B. Major Social Security Legislations7. Contract Labour (Regulation & Abolition)

Act, 1970

8. Equal Remuneration Act, 1976

9. Beedi & Cigar Workers (Conditions of

Employment) Act, 1966

10. Building & Other Construction Workers (Regulation of Employment &

Conditions

of Service) Act, 1996

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B. Major Social Security Legislations11. Child Labour (Prohibition & Regulation) Act,

1986

12. Children (Pledging of Labour) Act, 1933

13. The Cine Workers & Cinema Theatre

Workers (Regulation of Employment ) Act, 1981

14. Dock Workers (Regulation of Employment) Act, 1948

15. Equal Remuneration Act, 1976

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B. Major Social Security Legislations16. Inter State Migrant Workmen (Regulation of

Employment & Conditions of Service) Act,

197917. Private Security Agencies (Regulation) Act,

200518. Public Liability Insurance Act, 199119. Sales Promotion Employees (Condition of

Service) Act, 197620. Weekly Holidays Act, 194221. The Bonded Labour System (Abolition) Act,

1976

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C. Major Industrial Relation Legislations1. The Trade Unions Act, 1926

2. The Industrial Employment (Standing Orders)

Act, 1946

3. The Industrial Disputes Act, 1947

4. Employment Exchanges (Compulsory

Notification of Vacancies) Act, 1959

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D. Wages, Bonus & Gratuity Legislations1. The Minimum Wages Act, 1948

2. The Payment of Wages Act, 1936

3. The Payment of Bonus Act, 1965

4. The Payment of Gratuity Act, 1972

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E. Shops & Establishments Act & Other Acts1. State Shops & Establishment Acts.

2. Labour Laws (exemption from furnishing of returns & maintenance of registers) Act, 1988

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Pro Employer Legislation

In the beginning the industrial legislation aimed at protecting the employer rather than workmen.

In Binni & Co., Vs The Madras Textile Labour Union (1921) The Madras High Court treated the union decision to go on strike as criminal conspiracy. Similarly, workmen’s breach of contract Act, 1859 and Employers’ & Workmen’s (Disputes) Act, 1860 provided for penalties for workmen for interference with the Employers’ right to carry on trade and business.

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Pro-Labour Legislations

The Laws shall protect the weak. The logic behind protective Labour Legislations may really astonish us. The British Textile Mill Owners felt that due to cheap and unregulated labour in India, the cost component of labour in textile manufacturing is low and hence the Indian textile industry could supply the textiles in International markets at cheaper rates. They wanted to introduce stringent labour regulations in India making the employer to incur more cost thereby the cost component of labour is more.

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• Pre/post-Independence Labour Legislations

The word labour need to be replaced with the word employee / workmen.

The word dispute to be replaced with the word industrial relations.

After Independence and in particular after the Constitution of India came into effect the word labour is included in the concurrent list, in VII Schedule.

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• Consequently the Central as well as State Governments have enacted various Labour Laws.

National Commission on Labour (1966-69) Recommendations – many recommendations not implemented.

Ramanujam Committee on Industrial Relations – not seen the light.

The workers participation in the management bill remained in cold storage.

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Industrial Relations

The Industrial Disputes Act aims at investigation and settlement of the disputes and for other purposes.

The machinery available for settlement of disputes is tabulated below:

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Prevention Investigation Settlement of Disputes

Others

•Works Committee (Sec.3)•Grievance Settlement Authority (Sec.9-C)

Court of Inquiry (Sec.6)

Provision regarding:•Retrenchment•Lay-Off•Closure•Notice of Change

Conciliation Adjudications

ConciliationOfficer (Sec.4)

Conciliation Board(Sec.5)

Labour Court

(Sec.7)

Industrial Tribunal(Sec.7-A)

National Tribunal(Sec.7-B)

MAIN OBJECTS OF INDUSTRIAL DISPUTES ACT

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Documents

Labour Laws.ppt