labour laws

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Labour laws in INDIA PREPARED BY –ANAND PRATAP SINGH BBA LLB SHARDA UNIVERSITY

Transcript of labour laws

Page 1: labour laws

Labour laws in INDIA PREPARED BY –ANAND PRATAP SINGH BBA LLB SHARDA UNIVERSITY

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International Labour Organisation (ILO) made reccomendation on labour welfare especially on regularly in payment of wages & salaries with minimum pay for stipulated working hours. In accordance with the recommendations of ILO every country has established labour laws and enforced, who ever contravene them shall be liable for penalty or punishment under serious cases or both may be awarded. Naturally judiciary of the concern country is watchdog for dealing labour issues.

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Now let us discuss legal status of Worker Remuneration in India Constitution is the supreme law of the country, It contains many objectives and one of the main objective of the constitution is to provide justice of social economical and political to every citizen of the country and under constitution it is the duty of the government to promote economic welfare to each section of the society and by the guidelines of the constitution our parliament enforce four laws on wages of workers that are Payment of wages act 1936 and Minimum wages act 1948 and workmen's compensation act 1923 and Equal Remuneration Act, 1976

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Payment of wages act 1936 and Minimum wages act 1948 for the purpose of ensuring minimum payment for particular type of jobs in different sectors and industries according to stipulated working hours prescribed by the law. Normally eight hours is stipulated working time in almost all countries, above stipulated time if any worker is made to work, his employers has to compulsory pay overtime, if not it shall be treated as unlawful by the court of law for which it may impose penalty

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workmen's compensation act 1923, the primary objective of this law is to have any compensation by an employee from his employer if any accident occurs, which make permanent are partial disablement This law defines under schedules various types of accidents certain to happen to worker and percentage of compensation paid to him in accordance with his age.

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Equal Remuneration Act, 1976, according to the section 4 it is the DUTY OF EMPLOYER TO PAY EQUAL REMUNERATION TO MEN AND WOMEN WORKERS FOR SAME WORK OR WORK OF A SIMILAR NATURE. According to Section 3, a settlement arrived at between the management and the employees cannot be a valid ground for effecting discrimination in payment of remuneration between male and female employees performing the same work or work of a similar nature

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International comparison of Indian labour lawsThe table below contrasts the labour laws in India to those in China and United States, as of 2011.

Practice required by law India China United StatesMinimum wage 97 dollar 182.5 dollar 1242.6 dollar

Minimum rest time while at work 30 minutes per 5-hour in INDIA and there is no rest permitted during working time in china and in USA Maximum overtime limit 200 hours per year in INDIA, 432 hours per year in CHINA and there is no limit of overtime in USA Premium pay for overtime 100% in INDIA 50% in CHINA 50% in USA