Labour laws in India
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- Labour Laws In India Presented by Yashaswee Sarkhel & Divyansha Leekha 1st Year Symbiosis Law School, NOIDA
- What is Labour Law? A combined body of laws, administrative rulings, precedents, enactments and precedents Addressing a) The legal rights b) And the duties of working people and their organizations
- In other words It defines both rights and obligations of a) Workers b) Union Members c) Employers at a workplace. It is also called as Employment Law In India, law relating to labour and employment is primarily known under the broad category of "Industrial Law"
- What does it cover? Generally Labour Laws cover Industrial relations a) certification of unions, b) labour-management relations, c) collective bargaining d) unfair labour practices
- Continued Workplace health and safety Employment standards a) general holidays, b) annual leave, c) working hours, d) unfair dismissals, e) minimum wage, f) layoff procedures g) severance pay.
- Continued How the need arose During the post world war I era the need for definite labour laws were felt for the first time. Previously, organizations all over the world made their labourers work with little or no power and with minimal pay. This kept the labour cost low and increased the profit margin.
- Continued However, during this time period, the voices of the workers, against such labor practices, started to rise. On one hand there were workers demanding better work atmosphere, increased wage and right to organize On the other there were organizations trying to restrict the power of workers and to keep labour costs low, and avoid the gaining of political power of the workers.
- Continued This conflict between these two opposite interests in the society highlighted the need for a set of regulations i.e. laws. That will maintain a balance between the rights and liabilities of both the employer and the employee. In addition to that, which will also ensure the peaceful working of the organizations.
- Continued International Labour Organisation (ILO) was one of the first organisations to deal with labour issues. The ILO was established as an agency of the Lea gue of Nations following the Treaty of Versailles, which ended World War I
- Continued Most of the labour legislations in India are pre- constitutional. Until 1919, there were no important labour legislations in India. With the establishment of ILO coupled with trade union pressure in the country, has greatly affected labour legislations
- Factors Influencing Evolution of Labour legislation Several factors which influenced the evolution of labour legislation in India :- Early Industrialism Influence of colonial rules The rise of Trade Union The growth of Humanitarian ideas and the concept of Social justice
- Continued Indian constitution Establishment of ILO National movement
- Industrialization & British colonialism Complex industrial relations Inadequate civil laws Protect & safeguard labor rights Labour policy
- Purpose of Labour laws There are three crucial purposes which labour laws fulfill 1. Establishing a legal system that facilitates productive individual and collective employment relationships, and therefore a productive economy. 2. providing a framework within which employers, workers and their representatives can interact with regard to work-related issues, it serves as an important instrument for achieving harmonious industrial relations based on workplace democracy.
- Continued providing a clear and constant reminder and guarantee of fundamental principles and rights at work which have received broad social acceptance and establishes the processes through which these principles and rights can be implemented and enforced.
- Labour Policy In India Creative measures to attract public and private investment. Creating new jobs New Social security schemes for workers in the unorganized sector. Social security cards for workers. Unified and beneficial management of funds of Welfare Boards. Reprioritization of allocation of funds to benefit vulnerable workers. Model employeeemployer relationships.
- Continued Long term settlements based on productivity. Vital industries and establishments declared as ` public utilities`. Special conciliation mechanism for projects with investments of Rs.150 crores or more. Industrial Relations committees in more sectors. Labour Law reforms in tune with the times. Em powered body of experts to suggest required cha nges.
- Continued Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary. Amendments to Industrial Disputes Act in tune with the times. Efficient functioning of Labour Department. More labour sectors under Minimum Wages Act. Child labour act to be aggressively enforced. Modern medical facilities for workers. Rehabilitation packages for displaced workers. Restructuring in functioning of employment exchan ges. Computerization and updating of data base.
- Continued Revamping of curriculum and course content in industrial training. Joint cell of labour department and industries department to study changes in laws and rules
- Category Labour laws enacted by the Central Government, where the Central Government has the sole resp onsibility for enforcement. Few examples are: a) The Employees State Insurance Act, 1948 b) The Employees Provident Fund and Miscellan eous Provisions Act,1952 c) The Mines Act, 1952
- Continued Labour laws enacted by Central Government and enforced both by Central and State Governments Few examples are: a) The Minimum Wages Act, 1948 b) The Payment of Bonus Act, 1965 c) The Payment of Gratuity Act, 1972 d) The Payment of Wages Act, 1936
- Continued Labour laws enacted by Central Government and enforced by the State Governments Few examples are: a) The Employers Liability Act, 1938 b) The Factories Act, 1948 c) The Motor Transport Workers Act, 1961 d) The Personal Injuries (Compensation Insurance) Act, 1963
- Continued Laws enacted by state governments and enacted by state governments in respective states. Few examples are: a) Workmens Compensation (Madhya Pradesh) Rules, 1962 b) Madhya Pradesh Workmens Compensation ( Occupational Diseases) Rules, 1963 c) Gujarat Workmen's Compensation Rules, 1967
- Classification Laws related to Industrial Relations Laws related to Wages Laws related to Working Hours, Conditions of Service and Employment Laws related to Equality and Empowerment of Women Laws related to Deprived and Disadvantaged Sections of the Society Laws related to Social Security
- Continued Laws related to Industrial Relations a) Trade Unions Act, 1926 b) Industrial Employment Standing Order Act, 1946. a) Industrial Disputes Act, 1947.
- Continued Laws related to Wages a) Payment of Wages Act, 1936 b) Minimum Wages Act, 1948 c) Payment of Bonus Act, 1965. d) Working Journalists (Fixation of Rates of Wag es Act, 1958
- Continued Laws related to Working Hours, Conditions of Service and Employment a) The Apprentices Act, 1961 b) The Contract Labour (Regulation and Abolitio n) Act, 1970 c) Mines and Mineral (Development and Regulati on Act, 1957
- Continued Laws related to Equality and Empowerment of Women a) Maternity Benefit Act, 1961 b) Equal Remuneration Act, 1976
- Continued Laws related to Deprived and Disadvantaged Sections of the Society a) Bonded Labour System (Abolition) Act, 1976 b) Child Labour (Prohibition & Regulation) Act, 1 986 c) Children (Pledging of Labour) Act, 1933
- Continued Laws related to Social Security a) Workmens Compensation Act, 1923. b) Employees State Insurance Act, 1948. c) Employees Provident Fund & Miscellaneous P rovisions Act, 1952. d) Payment of Gratuity Act, 1972. e) Employers Liability Act, 1938
- THE APPRENTICES ACT, 1962
- Continued... OBJECT OF THE ACT Prom