Labour Laws Project

7/31/2019 Labour Laws Project

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Ministry of Labour and Employment (India)

The Ministry of Labour and Employment, a branch of theGovernment of India, is the apex body

for formulation and administration of the rules and regulations and laws relating to labour and

employment in India. Shri. Mallikarjun Khargeis the Union Minister for Labour and Employment

and Shri. Harish Rawatis the Minister of State.

The Ministry of Labour and Employment works out of Shram Shakti Bhavan, Rafi Marg, New Delhi.

Functions

The thrust areas of the ministry are;

Labour Policy and legislation;

Safety, health and welfare of labour;

Social security of labour;

Policy relating to special target groups such as women and child labour;

Industrial relations and enforcement of labour laws in the Central sphere;

Adjudication of industrial disputes through Central Government Industrial Tribunals cumLabour Courts and National Industrial Tribunals;

Workers' Education;

Labour and Employment Statistics;

The results of recession on employment in the eight selected sectors textiles including apparels,

leather, metals, automobiles, gems & jewellery, transport, IT/BPO and handloom / powerloom were

monitored starting from Oct-Dec 2008. The overall employment in the eight selected sectors covered

in the quarterly surveys has increased by 10.66 lakh (0.16%). In IT/BPO sector the increase in the

employment is maximum (6.9 lakh) during the year 2009-10.

Emigration of Labour for employment abroad; Employment services and vocational training;

Administration of Central Labour & Employment Services;

International co-operation in labour and employment matters;

Labour Ministers of India

Jagjivan Ram(1947-1952)
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Labour law

Labour law concerns the inequality of bargaining powerbetween employers and workers.

Labour law (also called labor law or employment law) is the body oflaws, administrative

rulings, and precedents which address the legal rights of, and restrictions on, working people

and their organizations. As such, it mediates many aspects of the relationship between trade

unions, employers and employees. In Canada, employment laws related to unionized

workplaces are differentiated from those relating to particular individuals. In most countries

however, no such distinction is made. However, 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 work and through

the contract for work. The labour movement has been instrumental in the enacting of lawsprotecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the

social and economic development since the Industrial Revolution.Employment standards

are social norms (in some cases also technical standards) for the minimum socially acceptable

conditions under which employees or contractors will work. Government agencies (such as

the former U.S. Employment Standards Administration) enforce employment standards

codified by labour law (legislative, regulatory, or judicial).
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Labour law history

Part of a series on

Organized labour

The labour movement[show]

Labour rights[show]

Trade unions[show]

Labour parties[show]

Academic disciplines[show]

History of labour law

Labour law arose due to the demand for workers to have better conditions, the right to organize, or,alternatively, the right to work without joining a labour union, and the simultaneous demands of

employers to restrict the powers of workers' many organizations and to keep labour costs low.

Employers' costs can increase due to workers organizing to achieve higher wages, or by laws

imposing costly requirements, such as health and safety or restrictions on their free choice of whom

to hire. Workers' organizations, such as trade unions, can also transcend purely industrial disputes,

and gain political power. The state of labour law at any one time is therefore both the product of, and

a component of, struggles between different interests in society.

HISTORY OF LABOUR LAW

History of labour law concerns the development oflabour law as a way of regulating and improving

the life of people at work. In the great civilisations of antiquity there were great aggregations of

labour which was not solely, though frequently it was predominantly, slave labour. Some of the

features of manufacture and mining on a great scale arose, producing the same sort of evils and

industrial maladies known and regulated in our own times. Some of the maladies were described by

Pliny and classed as " diseases of slaves." And he gave descriptions of processes, for example in the

metal trades, as belonging entirely to his own day, which modern archaeological discoveries trace

back through the earliest known Aryan civilisations to a prehistoric origin in the East, and which
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have never died out in western Europe, but can be traced in a concentrated manufacture with almost

unchanged methods, now in France, now in Germany, now in England.

While much, and in some civilisations most, of the labour was compulsory or forced, it is clear that

too much has been sometimes assumed, and it is by no means certain that even the pyramids of

Egypt, much less the beautiful earliest Egyptian products in metalworking, weaving and other skilledcraft work, were typical products of slave labour. Even in Rome it was only at times that the

proportion of slaves valued as property was greater than that of hired workers, or, apart from capture

in war or self-surrender in discharge of a debt, that purchase of slaves by the trader, manufacturer or

agriculturist was generally considered the cheapest means of securing labour. As in early England

the various stages of village industrial life, medieval town manufacture, and organisation in craft

guilds, and the beginnings ofmercantilism, were parallel with a greater or less prevalence of serfdom

and even with the presence in part ofslavery, so in other ages and civilisations the various methods

of organisation of labour are found to some extent together. The Germans in their primitive

settlements were accustomed to the notion of slavery, and in the decline of the Roman Empire,

Roman captives from among the most useful craftsmen were carried away by their northern

conquerors.

INDIVIDUAL LABOUR LAW

CONTRACT OF EMPLOYMENT

Employment contractandAt-will employment

The basic feature of labour law in almost every country is that the rights and obligations of the

worker and the employer between one another are mediated through the contract of employment

between the two. This has been the case since the collapse of feudalism and is the core reality ofmodern economic relations. Many terms and conditions of the contract are however implied by

legislation or common law, in such a way as to restrict the freedom of people to agree to certain

things to protect employees, and facilitate a fluid labour market. In the U.S. for example, majority of

state laws allow for employment to be "at will", meaning the employer can terminate an employee

from a position for any reason, so long as the reason is not an illegal reason, including a termination

in violation of public policy.

One example in many countriesis the duty to provide written particulars of employment with the

essentialia negotii(Latin for essential terms) to an employee. This aims to allow the employee to

know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the

event of dismissal, job description and so on. An employer may not legally offer a contract in which

the employer pays the worker less than a minimum wage. An employee may not for instance agree to

a contract which allows an employer to dismiss them unfairly. There are certain categories that

people may simply not agree to because they are deemed categorically unfair. However, this depends

entirely on the particular legislation of the country in which the work is.

Minimum wage

There may be law stating the minimum amount that a worker can be paid per hour. The minimum

wage is usually different from the lowest wage determined by the forces ofsupply and demand in a free

market, and therefore acts as a price floor. Each country sets its own minimum wage laws and

regulations, and while a majority of industrialized countries has a minimum wage, many developing

countries have not.
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1. Minimum wages are regulated and stipulated also in some countries that lack specific laws. In

Sweden, for instance, minimum wages are negotiated between the labour market parties

(unions and employer organisations) through collective agreements that also cover non-unionworkers and non-organised employers.

Minimum wage laws were first introduced nationally in the United States in 1938, Brazil in 1940India in 1948, France in 1950, and in the United Kingdom in 1998 In the European Union, 18 out of

25 member states currently have national minimum wages.

WORKING TIME

Eight-hour day

Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of

industrialism and the introduction of machinery, longer hours became far more common, with 1415

hours being the norm, and 16 not at all uncommon. Use ofchild labour was commonplace, often in

factories. In England and Scotland in 1788, about two-thirds of persons working in the new water-powered textile factories were children. The eight-hour movement's struggle finally led to the first

law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and

children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay

were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.

After England, Germany was the first European country to pass labour laws; ChancellorBismarck's

main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck

instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in

the Reichstag. The Chancellor, then, adopted a different approach to tackling socialism. To appease

the working class, he enacted a variety of paternalistic social reforms, which became the first type of

social security. The year 1883 saw the passage of the Health Insurance Act, which entitled workersto health insurance; the worker paid two-thirds, and the employer one-third, of the premiums.

Accident insurance was provided in 1884, while old age pensions and disability insurance were

established in 1889. Other laws restricted the employment of women and children. These efforts,

however, were not entirely successful; the working class largely remained unreconciled with

Bismarck's conservative government.

In France, the first labour law was voted in 1841. However, it limited only under-age miners' hours,

and it was not until the Third Republic that labour law was effectively enforced, in particular after

Waldeck-Rousseau 1884 law legalizing trade unions. With the Matignon Accords, the Popular Front

(193638) enacted the laws mandating 12 days (2 weeks) each year ofpaid vacations for workers

and the law limiting to 40 hours the workweek (outside of overtime).

Lochner v. New York, 198 U.S. 45 (1905), a notorious, and now defunct case by the US

Supreme Courtthat regulation of working time (for bakeries) to limit workers to a 10-

hour day.

HEALTH AND SAFETY

Occupational safety and health

Other labour laws involve safety concerning workers. The earliest English factory law was drafted in1802 and dealt with the safety and health ofchild textile workers.
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ANTI-DISCRIMINATION

Anti-discrimination law

This clause means that discrimination against employees is morally unacceptable and illegal, on a

variety of grounds, in particular racial discrimination or sexist discrimination.

UNFAIR DISMISSAL

Unfair dismissal, Wrongful dismissal, andAt-will employment

Convention no. 158 of the International Labour Organization states that an employee "can't be fired

without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on

April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the

Longjumeau (Essonne)conseil des prud'hommes (labour law court) judged the New Employment

Contract (CNE) contrary to international law, and therefore "illegitimate" and "without any juridical

value". The court considered that the two-years period of "fire at will" (without any legal motive)was "unreasonable", and contrary to convention no. 158, ratified by France.

CHILD LABOUR

Two girls wearing banners in Yiddish and English with the slogan "Abolish child slavery!!" at the 1909

May Day parade in New York City

Child labour is the employment of children under an age determined by law or custom. This practice

is considered exploitative by many countries and international organizations. Child labour was not

seen as a problem throughout most of history, only becoming a disputed issue with the beginning of

universal schooling and the concepts oflabourers' and children's rights. Child labour can be factory

work, mining or quarrying, agriculture, helping in the parents' business, having one's own small

business (for example selling food), or doing odd jobs. Some children work as guides for tourists,

sometimes combined with bringing in business for shops and restaurants (where they may also work

as waiters). Other children are forced to do tedious and repetitive jobs such as assembling boxes, or

polishing shoes. However, rather than in factories and sweatshops, most child labour occurs in the

informal sector, "selling on the street, at work in agriculture or hidden away in housesfar from

the reach of official inspectors and from media scrutiny.

COLLECTIVE LABOUR LAW
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Collective labour law concerns the tripartite relationship between employer, employee and trade

unions. Trade unions, sometimes called "labour unions"

TRADE UNIONS

Some countries require unions to follow particular procedures before taking certain actions. For

example, some countries require that unions ballot the membership to approve a strike or to approve

using members' dues for political projects. Laws may guarantee the right to join a union (banning

employer discrimination), or remain silent in this respect. Some legal codes may allow unions to

place a set of obligations on their members, including the requirement to follow a majority decision

in a strike vote. Some restrict this, such as the 'right to work' legislation in some of the United States.

STRIKES

Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.

Strike action is the weapon of the workers most associated with industrial disputes, and certainlyamong the most powerful. In most countries, strikes are legal under a circumscribed set of

conditions. Among them may be that:

The strike is decided on by a prescribed democratic process. (Wildcat strikesare

illegal).

Sympathy strikes, against a company by which workers are not directly employed,

may be prohibited.

General strikesmay be forbidden by a public order.

Certain categories of person may be forbidden to strike (airport personnel, health

personnel, teachers, police or firemen, etc.)

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally

believed by the participants in the boycott to be doing something morally wrong. Throughout history,

workers have used tactics such as the go-slow, sabotage, or just not turning up en-masse to gain more

control over the workplace environment, or simply have to work less . Some labour law explicitly

bans such activity, none explicitly allows it.

PICKETS

Picketing is a tactic which is often used by workers during strikes. They may congregate outside the

business they are striking against to make their presence felt, increase worker participation, anddissuade (or prevent) strike breakers from entering the workplace. In many countries, this activity is
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restricted by labour law, by more general law restricting demonstrations, or sometimes by

injunctions on particular pickets. For example, labour law may restrict secondary picketing

(picketing a business not directly connected with the dispute, such as a supplier of materials), or

flying pickets (mobile strikers who travel to join a picket). There may be laws against obstructing

others from going about their lawful business (scabbing, for example, is lawful); making obstructive

pickets illegal, and, in some countries, such as Britain, there may be court orders made from time totime against pickets being in particular places or behaving in particular ways (shouting abuse, for

example).

WORKPLACE INVOLVEMENT

Industrial democracy

Workplace consolation statutes exist in many countries, requiring that employers consult their

workers on issues that concern their place in the company. Industrial democracy refers to the same

idea, but taken much further. Not only that workers should have a voice to be listened to, but that

workers have a vote to be counted.

Co-determination and Industrial democracy

Originating in Germany, some form of co-determination (orMitbestimmung) procedure is practised

in countries across continental Europe, such as Holland and the Czech Republic, as well as

Scandinavian countries (e.g. Sweden). This involves the rights of workers to be represented on the

boards of companies for whom they work. The German model involves half the board of directors

being appointed by the company trade union. However, German company law uses a split board

system, with a 'supervisory board' (Aufsichtsrat) which appoints an 'executive board' (Vorstand).

Shareholders and unions elect the supervisory board in equal number, except that the head of the

supervisory board is, under co-determination law, a shareholder representative. While not gaining

complete parity, there has been solid political consensus since the Helmut Schmidt social democrat

government introduced the measure in 1976.

In the United Kingdom, the similar proposals were drawn up, and a command paper produced named

the Bullock Report (Industrial democracy). This was released in 1977 by the James Callaghan

Labour government. This proposal involved a similar split on the board, but its effect would have

been even more radical. Because British company law requires no split in the boards of directors,

unions would have directly elected the management of the company. Furthermore, rather than giving

shareholders the slight upper hand as happened in Germany, a debated 'independent' element would

be added to the board, reaching the formula 2x + y. However, no action was ever taken as the UKslid into the winter of discontent. This tied into the European Commission's proposals for worker

participation in the 'fifth company law directive', which was also never implemented.

In Sweden, this is regulated through the 'Law on board representation' (Lagen om

styrelserepresentation). The law covers all private companies with 25 or more employees. In these

companies, workers (usually through unions) have a right to appoint two board members and two

substitutes. If the company has more than 1,000 employees, three members and three substitutes are

appointed by workers/unions. It is common practice that seats are divided between representatives

from the major union coalitions.

INTERNATIONAL LABOUR LAW
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One of the crucial concerns of workers and those who believe that labour rights are important, is that

in a globalizing economy, common social standards ought to support economic development in

common markets. However, there is nothing in the way of international enforcement of labour rights,

with the notable exception of labour law within the European Union. At the Doha round of trade

talks through the World Trade Organization one of the items for discussion was the inclusion of

some kind of minimum standard of worker protection. The chief question is whether, with thebreaking down of trade barriers in the international economy, while this can benefit consumers it can

also make the ability of multinational companies to bargain down wage costs even greater, in

wealthier Western countries and developing nations alike. The ability of corporations to shift their

supply chains from one country to another with relative ease could be the starting gun for a

"regulatory race to the bottom", whereby nation states are forced into a merciless downward spiral,

not only slashing tax rates and public services with it but also laws that in the short term cost

employers money. Countries are forced to follow suit, on this view, because should they not foreign

investment will dry up, move places with lower "burdens" and leave more people jobless and poor.

This argument is by no means uncontested. The opposing view suggests that free competition for

capital investment between different countries increases the dynamic efficiency of the market place.

Faced with the discipline that markets enforce, countries are incentivized to invest in education,training, and skills in their workforce to obtain a comparative advantage. Government initiative is

spurred, because rational long term investment will be perceived as the better choice to increasing

regulation. This theory concludes that an emphasis on deregulation is more beneficial than not. That

said, neither the International Labour Organization (see below), nor the European Union takes this

view.

INTERNATIONAL LABOUR ORGANIZATION

The International Labour Organization (ILO), whose headquarters are in Geneva, is one of the oldest

surviving international bodies, and the only surviving international body set up at the time of theLeague of Nations following the First World War. Its guiding principle is that "labour is not a

commodity" to be traded in the same way as goods, services or capital, and that human dignity

demands equality of treatment and fairness in dealing within the workplace. The ILO has drawn up

numerous conventions on what ought to be the labour standards adopted by countries party to it.

Countries are then obliged to ratify the Conventions in their own national law. However, there is no

enforcement of this, and in practice most conventions are not agreed to, even if they are adhered to.

EUROPEAN LABOUR LAW

The European Working Time Directive limited the maximum length of a working week to 48 hours

in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an

instrument which requires member states to enact its provisions in national legislation. Although the

directive applies to all member states, in the UK it is possible to "opt out" of the 48-hour working

week to work longer hours. In contrast, France has passed more strict legislation, limiting the

maximum working week to 35 hours (but optional hours are still possible). The controversial

Directive on services in the internal market (aka "Bolkestein Directive") was then passed in 2006.

NATIONAL LABOUR LAW

BRITISH LABOUR LAW
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MEXICAN LABOUR LAW

Mexican labour law governs the process by which workers in Mexico may organize labour unions,

engage in collective bargaining, and strike. Current labour law reflects the historic interrelation

between the state and the Confederation of Mexican Workers, the labour confederation officially

aligned with the Institutional Revolutionary Party (the Institutional Revolutionary Party, or PRI),which ruled Mexico under various names for more than seventy years. While the law, on its face,

promises workers the right to strike and to organize, in practice it makes it difficult or impossible for

independent unions to organize while condoning the corrupt practices of many existing unions and

the employers with which they deal.

SWEDISH LABOUR LAW

Swedish labour law is from an international perspective comparatively 'thin'. This is because many of

the issues and areas that in other countries are regulated through state or federal law, e.g. working

hours, minimum wage and right to overtime compensation, in Sweden instead are regulated throughcollective agreements between trade union and employer organisation representatives.

UNITED STATES LABOR LAW
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An American builder

The Fair Labor Standards Act of 1938 set the maximum standard work week to 44 hours, and in

1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work just like US

citizens, without requirement ofwork permits. Despite the 40-hour standard maximum work

week,some lines of work require more than 40 hours to complete the tasks of the job. For example, ifyou prepare agricultural products for market you can work over 72 hours a week, if you want to, but

you cannot be required to. If you harvest products you must get a period of 24 hours off after

working up to 72 hours in a seven-day period. There are exceptions to the 24-hour break period for

certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton.

Professionals, clerical (administrative assistants), technical, and mechanical employees cannot be

terminated for refusing to work more than 72 hours in a work week. These high-hour ceilings,

combined with a competitive job market, often motivate American workers to work more hours than

required. American workers consistently take fewer vacation days than their European counterparts,

and on average take the fewest days off of any developed country.

The Fifth and Fourteenth Amendments of the United States Constitution limit the power of thefederal and state governments to discriminate. The private sector is not directly constrained by the

Constitution, but several laws, particularly the Civil Rights Act of 1964, limit the ability of the

private sector to discriminate against certain classes in employment. The Fifth Amendment[18]

has an

explicit requirement that the Federal Government not deprive individuals of "life, liberty, or

property", without due process of the law and an implicit guarantee that each person receive equal

protection of the laws. The Fourteenth Amendment[19]

explicitly prohibits states from violating an

individual's rights ofdue process and equal protection. Equal protection limits the State and Federal

governments' power to discriminate in their employment practices by treating employees, former

employees, or job applicants unequally because of membership in a group, like a race, religion or

sex. Due process protection requires that employees have a fair procedural process before they are

terminated if the termination is related to a "liberty", like the right to free speech, or a property

interest.

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on

age with respect to employees 40 years of age or older. This Act was created to promote employment

of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in

employment; to help employers and workers find ways of meeting problems arising from the impact

of age on employment because in the face of rising productivity and affluence, older workers find

themselves disadvantaged in their efforts to retain employment, and especially to regain employment

when displaced from jobs; the setting of arbitrary age limits regardless of potential for job

performance has become a common practice, and certain otherwise desirable practices may work tothe disadvantage of older persons; the incidence of unemployment, especially long-term

unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to

the younger ages, high among older workers; their numbers are great and growing; and their

employment problems grave; and the existence in industries affecting commerce, of arbitrary

discrimination in employment because of age, burdens commerce and the free flow of goods in

commerce.

Title VII of the Civil Rights Actis the principal federal statute with regard to employment

discrimination prohibiting unlawful employment discrimination by public and private employers,

labour organizations, training programmes and employment agencies based on race or colour,

religion, sex, and national origin. Retaliation is also prohibited by Title VII[21]

against any person foropposing any practice forbidden by statute, or for making a charge, testifying, assisting, or
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participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages

available to Title VII[22]

cases and granted Title VII[23]

plaintiffs the right to jury trial.

The National Labor Relations Act, enacted in 1935 as part of the New Deal legislation, guarantees

workers the right to form unions and engage in collective bargaining. This legislation and its

subsequent amendments are also key elements of U.S. labour law.

Government of India Ministry of Labour and Employment

LIST OF VARIOUS CENTRAL LABOUR ACTS

Laws related to Industrial Relations

1 The Trade Unions Act, 1926

The Trade Unions (Amendments) Act, 20012 The Industrial Employment (Standing Orders) Act, 1946

The Industrial Employment (Standing Orders) Rules, 1946

3 The Industrial Disputes Act, 1947
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Laws related to Wages

1 The Payment of Wages Act, 1936

The Payment of Wages Rules, 1937

The Payment of Wages (AMENDMENT) Act, 2005

2 The Minimum Wages Act, 1948

The Minimum Wages (Central) Rules, 1950

3 The Working Journalist (Fixation of Rates of Wages) Act, 1958

Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957

4 The Payment of Bonus Act, 1965

The Payment of Bonus Rules, 1975

Laws related to Working Hours, Conditions of Services and Employment

1 The Factories Act, 1948

2 The Dock Workers (Regulation of Employment) Act, 1948

3 The Plantation Labour Act, 1951

4 The Mines Act, 1952

5 The Working Journalists and other Newspaper Employees (Conditions of Service and

Misc. Provisions) Act, 1955

The Working Journalists and other Newspaper Employees (Conditions of Service

and Misc. Provisions) Rules, 1957

6 The Merchant Shipping Act, 1958

7 The Motor Transport Workers Act, 1961

8 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966

9 The Contract Labour (Regulation & Abolition) Act, 1970

The Contract Labour Regulation Rules

10 The Sales Promotion Employees (Conditions of Service) Act, 1976

The Sales Promotion Employees (Conditions of Service) Rules, 1976

11 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of

Service) Act, 1979

12 The Shops and Establishments Act

13 The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act,

1981
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The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984

The Cine Workers Welfare Fund Act, 1981.

14 The Dock Workers (Safety, Health & Welfare) Act, 1986

15 The Building & Other Construction Workers (Regulation of Employment & Conditions

of Service) Act, 1996

16 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act,

1997

Laws related to Equality and Empowerment of Women1 The Maternity Benefit Act, 1961

2 The Equal Remuneration Act, 1976

Laws related to Deprived and Disadvantaged Sections of the Society

1 The Bonded Labour System (Abolition) Act, 1976

2 The Child Labour (Prohibition & Regulation) Act, 1986

3 The Children (Pledging of Labour) Act, 1933

Laws related to Social Security

1 The Workmens Compensation Act, 1923

The Workmen's Compensation (Amendments) Act, 2000

2 The Employees State Insurance Act, 1948

3 The Employees Provident Fund & Miscellaneous Provisions Act, 1952The Employees Provident Fund & Miscellaneous Provisions (Amendment) Act, 1996

4 The Payment of Gratuity Act, 1972

The Payment of Gratuity Rules

5 The Unorganised Woekers' Social Security Act 2008The Unorganised Workers' Social Security Rules 2008
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Laws related to Labour Welfare

1 The Mica Mines Labour Welfare Fund Act, 1946

2 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972

3 The Beedi Workers Welfare Fund Act, 1976

4

The Beedi Workers Welfare Cess Act, 1976The Beedi Worker's Welfare Cess Act Rules, 1977

5 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines LabourWelfare Fund Act, 1976

6 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines LabourWelfare Cess Act, 1976

7 The Cine Workers Welfare Fund Act, 1981

8 The Cine Workers Welfare Cess Act, 1981

9 The Employment of Manual Scavengers and Construction of Dry latrinesProhibition Act, 1993

Laws related to Employment & Training

1 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959

2 The Apprentices Act, 1961

Others

1 The Fatal Accidents Act, 1855

2 The War Injuries Ordinance Act, 1943

3 The Weekly Holiday Act, 1942

4 The National and Festival Holidays Act

5 The War Injuries (Compensation Insurance) Act, 1943

6 The Personal Injuries (Emergency) Provisions Act, 1962

7 The Personal Injuries (Compensation Insurance) Act, 1963

8 The Coal Mines (Conservation and Development) Act, 1974

9 The Emigration Act, 1983

The Emigration Rules, 1983

10 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by

Certain Establishments) Act, 1988

11 The Public Liability Insurance Act, 1991
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Labour Bureau

Government of India`

Main Functions of the Bureau

Labour Bureau is responsible for the collation,

collection and publication of statistics and relatedinformation on wages, earnings, productivity,

absenteeism, labour turn-over, industrial relations,

working and living conditions and evaluation of working

of various labour enactments etc. It is a storehouse

of important economic indicators like Consumer Price

Index Numbers for Industrial, Agricultural and Rural

Labourers; wage rate indices and data on industrial

relations, socio-economic conditions in the organised

and unorganised sector of industry etc. The

functions/activities of Labour Bureau can be classified

under three major heads:

1. Labour Intelligence

2. Labour Research

3. Monitoring and evaluation studies under the

Minimum Wages Act 1948.

1. Labour Intelligence:

(1) Construction and maintenance of various series of

index numbers:

(a) Consumer Price Index Numbers (CPI) for (i)

Industrial Workers (ii) Rural Labourers and (iii)

Agricultural Labourers.

(b) Wage Rate Indices in respect of industries covered

under the Occupational Wage Surveys.

(c) Index Numbers of (i) Money Earnings and (ii) Real
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Earnings

(d) Retail Price Indices for 31 Essential Commodities in

Urban Areas.

(2) Providing serial statistics on Absenteeism, LabourTurnover, Labour Cost, Employment, contract workers

Earnings and industrial disputes.

2. Labour Research: Conducting research studies/surveys and bringing out publications on labour related

matters in organized and unorganized sector. These

include:

(1) Unorganised sector, SC/ST Labour both in Urban and

Rural Areas, Women Workers ;(2) Occupational Wage Survey in the organized sector

(3) Family Budget Enquiries.

(4) Rural Labour Enquiry.

(5) Survey of Labour conditions

(6) Contract Labour Surveys

(7) Annual Survey of Industries.

(8) Digest of Indian Labour Research.

(9) Statistical Profile on women Labour

3. Monitoring and Evaluation: Collects, Compiles anddisseminates statistical information on various aspects

of labour based on statutory and voluntary returns under

different Labour Acts and surveys conducted. Details of

information collected under the Acts are given on web

page- Statutory / Voluntary Returns)

4. Publication of Indian Labour Journal (Monthly),

Indian Labour Statistics (Annual), Pocket Book of Labour

Statistics (Annual) and Indian Labour Year Book (Annual)giving authoritative and up-to-date statistics on various

facets of Labour and on current Labour scene in the

country. ( List given on separate web-page).

MAJOR SCHEMES OF THE BUREAU

PLAN SCHEMES


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S.No. Name of the Scheme

1. Consumer Price Index Numbers for Industrial Workers - 2001 = 100

2. Rural Labour Enquiry

3.Socio Economic Survey of Different Segments of Labour

( UOS, SC/ST, SSW & EMWA)4. Occupational Wage Survey

5. Modenisation of Machine Tabulation Unit (Computer Division)

6.Collection of Labour Statistics under the Annual Survey of Industries

(Sample Sector)

NON-PLAN SCHEMES

S.No. Name of the Scheme

1.Collection of Labour Statistics Under the Annual Survey of

Industries (Census Sector)

2. Wage Rate Index

3. Improvement of Labour Statistics

4. Labour Statistics

5. Contract Labour Survey

6. Research

Labour Bureau

Government of India

HISTORY OF LABOUR BUREAU

Labour Statistics in India may be said to have originated

when the first national population census was conducted

in 1872. This census gave not only the count of number ofpersons, but also the number of gainfully employed. Since

then every census has thrown useful data on workers in

different industries and occupations every 10 years.

Besides the statistics on employment thrown by the

census, other data on labour statistics until the Second

World War, were collected on ad-hoc basis, mostly as a

by product of administration of labour laws and not as a

basis for formulation of labour policies. The Royal

Commission on Labour in 1931 pointed out the need for
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systematic collection of labour statistics. It observed

that the policy must be built on facts as the uncertainty

of facts would lead to confusion and conflict regarding its

aim. The Commission recommended the adoption of

suitable legislation enabling the Competent Authority tocollect and collate information regarding the living,

working and socio-economic conditions of industrial

labour. Further, the inflationary pressure during the

early period of the Second World War gave rise to

demands of workers for compensation in their wages

necessitating setting up of machinery for measuring

changes in prices. Accordingly, Government of India

constituted & set up the Rau Court of Enquiry in 1940

under the Trade Disputes Act (1929) to recommendstatistical machinery for measuring movement in prices.

The Rau Court of Enquiry recommended compilation and

maintenance of Cost of Living Index Numbers for

measuring the rate of compensation to be paid to the

workers for the rise in cost of living.

This recommendation of the Rau Court of Enquiry (1940)

led to setting up of the Directorate of Cost of Living at

Shimla in 1941 with the objective of conducting FamilyBudget Enquiries and compiling Cost of Living Index

Numbers for important centres in the country on a

uniform basis. The Directorate conducted enquiries

during the period 1943-45. However, with the increased

Government intervention in the field of industrial

relations during the Second World War, the need for

more systematic collection and processing of labour

statistics acquired significance. The result was the

enactment of Industrial Statistics Act in 1942 tofacilitate collection of statistics on (a) matters relating

to factories and (b) certain specified areas of welfare

and conditions of labour. Further, arrangements were

made for the collection and processing of the data

flowing from the administration of important labour Acts,

such as the Trade Unions Act, 1926 and the Payment of

Wages Act, 1936, etc. The need for more comprehensive

labour statistics in the context of formulation of labour

policy led to the setting up of the Labour Bureau on


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October 1, 1946 by rechristening the Directorate of Cost

of Living with added functions. Since then Labour Bureau

is engaged in collection, compilation, analysis and

dissemination of statistics on different facets of labour

at All India level.

Same time labour and industrial laws which are important to all the sectors are given below:

1. payment of bonus act

2. payment of gratuity act

3. leave rules

4. recruitment law

5. provident fund law

6. payment of wages act

7. contract labour law

DOES LABOUR LAWS OF INDIA NEED A CHANGE?

Modern labour regulation is what we look forward to but what it offers us is truly disappointing. In

our country, India, our labour regulation really needs an upgrade from top to the bottom. Only if theregulations are updated and modernise, it will attract foreign investments which will further lead to

the creation of numerous jobs and hence, the economy of India will rise high. But then who will bell

the cat? It does not seem to be that easy.

Labour Laws Project

Documents

Transcript of Labour Laws Project