Unit 5 Labour Law

8/22/2019 Unit 5 Labour Law

1/22

LABOUR LEGISLATION

By:-Dinesh Ray

Asst. ProfessorPGC


2/22

INTRODUCTION

Labour law also known as employment law is

the body of laws, administrative rulings, and

precedents which address the legal rights of,

and restrictions on, working people and their

organizations. As such, it mediates manyaspects of the relationship between trade

unions, employers and employees. In other

words, Labour law defines the rights andobligations as workers, union members and

employers in the workplace.


3/22

Generally, labour law covers:

Industrial relations certification of

unions, labourmanagement relations,

collective bargaining and unfair labour

practices; Workplace health and safety;

Employment standards, including general

holidays, annual leave, working hours,unfair dismissals, minimum wage, layoff

procedures and severance pay.


4/22

There are two broad categories of labour

law.

First, collective labour law relates to

the tripartite relationship between

employee, employer and union.

Second, individual labour law

concerns employees' rights at workand through the contract for work.


5/22

Purpose/Objective of labour legislationLabour legislation that is adapted to the economic

and social challenges of the modern world ofwork fulfils three crucial roles:

it establishes a legal system that facilitatesproductive individual and collective employmentrelationships, and therefore a productive

economy; by providing a framework within which

employers, workers and their representativescan interact with regard to workrelated issues,it serves as an important vehicle for achieving

harmonious industrial relations based onworkplace democracy;

it provides a clear and constant reminder andguarantee of fundamental principles and rights

at work which have received broad socialacceptance and establishes the processes


6/22

LABOUR LAWS IN INDIA

The term labour means productive work

especially physical work done for wages.

Labour law also known as employment law

is the body of laws, administrative rulings,and precedents which address the legal

rights of, and restrictions on, working

people and their organizations.


7/22

The Labour legislations in India can be

categorized as follows:

1)Labour laws enacted by the CentralGovernment, where the Central Governmenthas the sole responsibility for enforcement.

2)Labour laws enacted by Central Governmentand enforced both by Central and StateGovernments.

3)Labour laws enacted by Central Government

and enforced by the State Governments.4)Labour laws enacted and enforced by the

various State Governments which apply torespective States.


8/22

Labour laws enacted by the Central Government,

where the Central Government has the sole

responsibility for enforcement

1. The Employees State Insurance Act, 1948

2. The Employees Provident Fund and

Miscellaneous Provisions Act,1952

3. The Dock Workers (Safety, Health and Welfare)Act, 1986

4. The Mines Act, 1952

5. The Iron Ore Mines, Manganese Ore Mines andChrome Ore Mines Labour Welfare (Cess) Act,

1976


9/22

6. The Iron Ore Mines, Manganese Ore Mines

and Chrome Ore Mines Labor Welfare FundAct,1976

7. The Mica Mines Labour Welfare Fund Act,

19468. The Beedi Workers Welfare Cess Act, 1976

9. The Limestone and Dolomite Mines Labour

Welfare Fund Act, 1972

10. The Cine Workers Welfare (Cess) Act, 1981

11. The Beedi Workers Welfare Fund Act, 1976

12. The Cine Workers Welfare Fund Act, 1981


10/22

Labour laws enacted by Central Government and

enforced both by Central and State Governments

13. The Child Labour (Prohibition and Regulation)

Act, 1986.

14. The Building and Other Constructions Workers

(Regulation of Employment and Conditions ofService) Act, 1996.

15. The Contract Labour (Regulation and Abolition)

Act, 1970.

16. The Equal Remuneration Act, 1976.

17. The Industrial Disputes Act, 1947.


11/22

18. The Industrial Employment (Standing Orders)

Act, 1946.

19. The InterState Migrant Workmen (Regulation of

Employment and Conditions of Service) Act, 1979.

20. The Labour Laws (Exemption from Furnishing

Returns and Maintaining Registers by CertainEstablishments) Act, 1988

21. The Maternity Benefit Act, 1961

22. The Minimum Wages Act, 1948

23. The Payment of Bonus Act, 1965

24. The Payment of Gratuity Act, 1972


12/22

25. The Payment of Wages Act, 1936

26. The Cine Workers and Cinema Theatre Workers

(Regulation of Employment) Act, 1981

27. The Building and Other Construction Workers

Cess Act, 1996

28. The Apprentices Act, 196129. Unorganized Workers Social Security Act, 2008

30. Working Journalists (Fixation of Rates of Wages

Act, 1958


13/22

31. Merchant Shipping Act, 1958

32. Sales Promotion Employees Act, 197633. Dangerous Machines (Regulation) Act, 1983

34. Dock Workers (Regulation of Employment) Act,

194835. Dock Workers (Regulation of Employment)

(Inapplicability to Major Ports) Act, 1997

36. Private Security Agencies (Regulation) Act, 2005


14/22

Labour laws enacted by Central Government and

enforced by the State Governments

37. The Employers Liability Act, 1938

38. The Factories Act, 1948

39. The Motor Transport Workers Act, 1961

40. The Personal Injuries (Compensation Insurance)Act, 1963

41. The Personal Injuries (Emergency Provisions)

Act, 1962

42. The Plantation Labour Act, 1951

43. The Sales Promotion Employees (Conditions of

Service) Act, 1976


15/22

44. The Trade Unions Act, 1926

45. The Weekly Holidays Act, 194246. The Working Journalists and Other Newspapers

Employees (Conditions of Service) andMiscellaneous Provisions Act, 1955

47. The Workmens Compensation Act, 192348. The Employment Exchange (Compulsory

Notification of Vacancies) Act, 1959

49. The Children (Pledging of Labour) Act 1938

50. The Bonded Labour System (Abolition) Act,1976

51. The Beedi and Cigar Workers (Conditions ofEmployment) Act, 1966


16/22

State Labour Laws

As per the norms of different state governments


17/22

Some Major Labour Laws in India

Workmens Compensation Act of 1923

The Workmens Compensation Act compensates a

workman for any injury suffered during the course

of his employment or to his dependents in the caseof his death. The Act provides for the rate at which

compensation shall be paid to an employee. This is

one of many social security laws in India.


18/22

Trade Unions Act of 1926

This Act enacted the rules and protections granted

to Trade Unions in India. This law was amended in

2001.

Payment of Wages Act of 1936

The Payment of Wages Act regulates by when wages

shall be distributed to employees by the employers.

The law also provides the tax withholdings the

employer must deduct and pay to the central or

state government before distributing the wages.


19/22

Industrial Employment (Standing orders) Act

of 1946

This Act requires employers in industrialestablishments to define and post theconditions of employment by issuing so-called standing orders. These standing ordersmust be approved by the government and duly

certified. These orders aim to removeflexibility from the employer in terms of job,hours, timing, leave grant, productivitymeasures and other matters. The standing

orders mandate that the employer classify itsemployees, state the shifts, payment of wages,rules for vacation, rules for sick leave,holidays, rules for termination amongst

others.


20/22

Minimum Wages Act of 1948

The Minimum Wages Act prescribes minimumwages in all enterprises, and in some cases thoseworking at home per the schedule of the Act.

Central and State Governments can and do reviseminimum wages at their discretion. The minimumwage is further classified by nature of work,location and numerous other factors at the

discretion of the government. The minimum wageranges between 143 to 1120 per day for work inthe so-called central sphere. State governmentshave their own minimum wage schedules.


21/22

Maternity Benefit Act of 1961

The Maternity Benefit Act regulates theemployment of the women and maternity benefits

mandated by law. Any woman employee who

worked in any establishment for a period of at least

80 days during the 12 months immediately

preceding the date of her expected delivery, is

entitled to receive maternity benefits under the Act.

The employer is required to pay maternity benefits,medical allowance, maternity leave and nursing

breaks.


22/22

THANK YOU

Documents

Unit 5 Labour Law