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CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

LABOUR LAWS - I

LECTURE DETAILS

SEMESTER IVth
COURSE CREDIT 3
MAXIMUM MARKS 100
TEACHING HOURS 50 HOURS
MEDIUM OF INSTRUCTION ENGLISH

Labour and Industrial laws, 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 many aspects of the relationship
between trade unions, employers, and employees. In other words, Labour laws define the
rights and obligations as workers, union members and employers in the workplace.
The fundamental objectives of the course are to develop the ability of students to:
 Understand basic Labour & Industrial laws, rules, and concepts.
 Identify Labour & Industrial Laws issues in concrete fact situations.
 Apply Labour & Industrial Laws rules and concepts in concrete fact situations.
 Think critically about and evaluate Labour & Industrial Laws doctrines.
 Critical analysis of law and practice of Industrial Tribunals and other Quasi-Judicial
Authorities under Labour & Industrial Laws.
Teaching Methodologies

 Lecture Cum Discussion Method


 Socratic Method of Teaching and Learning
 Case Presentation/Discussion
 Problem Solving
 Group Discussion
 Research Project Work

Module 1. THE JURISPRUDENCE OF LABOUR AND INDUSTRIAL LAWS:9HOURS

Industrial Jurisprudence; Evolution of Labour laws,Labour Policy in India; Constitution of


India and Labour welfare, Part III and Part IV; Principles and need of Labour Legislation in
India; Classification of labour and Industrial Laws, Issues related to employment,
classification of workers as organized and unorganized, issues related to unorganized
workers, Employment rights and obligations of workers and employers, Roles of
stakeholders, Labour Reforms: Introduction of the four Labour Codes on Wages, Social
Security, Industrial Relations, Occupational Safety. Role of ILO
Module 2. INDUSTRIAL RELATIONS: 16 HOURS

Concept of industrial relations, evolution and perspective, Applicability,Concept of “worker”,


definition and scope of the term “worker”, concept of the term “employer” , and “employee”,
definition and scope of the term “employer”,Bi-partite Forums- Works Committee, Grievance
Redressal Committee, Appropriate Government, Trade Unions – concept, history and
development, Registration of Trade Unions, Rules of Trade Unions, Negotiating Union, or
Negotiating Council, Adjudication of disputes of Trade Unions, Dissolution of Trade Unions,
Annual returns, Recognition of Trade Unions at Central and State level,Standing Orders,
Applicability, Certification of Standing Orders, Certifying Officers, Closure, Lay- Off ,
Retrenchment, Strikes and Lockouts, Re-skilling fund, Industrial Disputes, Industrial
Tribunals, Conciliation Officer,Concept of Fixed term employment, Power of Government,
unfair labour practices,Offences and penalties.

Module3. SOCIAL SECURITY16 HOURS

Concept of Social Security, Applicability, Definitions under the Code, Social Security
Organisations - Employees State Insurance Corporation, Board of Trustees of Employees’
Provident Fund, National Social Security Board , Unorganised Workers’ Board, State
Building Workers’ Welfare Board, their roles and functions, Social Security Organisations
their roles and functions, Provident Fund Commissioner, Schemes under Provident Fund,
Employees State Insurance Corporation, Employees State Insurance Fund, Contributions,
Benefits- Sickness Benefits, Maternity Benefits, Dependants’ Benefit,Medical Benefit,
Funeral Expenses, Power and Roles of Employees State Insurance Corporation, Accidents
arising out of employment, Occupational Diseases, Medical Board,Scheme
forotherbeneficiaries, Schemes forunorganisedworkers, gigworkers andplatformworkers,
Exemption offactoriesorotherestablishmentsbelonging toGovernmentor any
localauthority.Contributions,etc., Employees’InsuranceCourt, Payment of
Gratuity,Competent Authority, Maternity Benefit- Cash benefits and Non- Cash benefits,
Forfeiture of Maternity Benefit, Duties ofemployer, Power and role ofInspectorcum-
Facilitator , Employees Compensation, Liability of Employer, Amount of Compensation,
Distribution of Compensation, Competent Authority- their power and role, Appeal against
order of Competent Authority, Social Security and cess in respect of building and other
construction workers, Registrationof buildingworkers asbeneficiaries, Cessation as
abeneficiary, Building andOtherConstructionWorkers’Welfare Fundand itsapplication, social
security for unorganised workers, gig workers and platform workers, Framing ofschemes
forunorganisedworkers, Registrationof unorganisedworkers, gigworkers andplatformworkers,
Appointmentof Inspectorcum-Facilitators andtheir powers, Offences and Penalties.

Module 4BONDED LABOUR SYSTEM: 9 HOURS

The Bonded Labour System (Abolition) Act, 1976 – Historical Perspective, ILO and Bonded
Labour, Our Constitution and Bonded Labour, Article 23, Scope and Object of the Act,
Abolition of Bonded Labour System, Implementing Authorities, Role of Supreme Court,
National Human Right Commission, Vigilance Committee, Offences and Procedure of Trial.
Statutory References

 The Industrial Relations Code, 2020


 The Code on Social Security, 2020
 The Bonded Labour System (Abolition) Act, 1976.

Books:

 “Labour and Industrial Laws” by S.N. Mishra.

 “Labour and Industrial Laws” by Prof. (Dr.) V.G. Goswami

 Commentaries on Payment of Wages Act, 1936 by K.D.Srivastava

 Commentaries on Minimum Wages Act, 1948 by K.D.Srivastava

 Commentaries on Factories Act, 1948 by S.C.Srivastava

 “Labour & Industrial Laws by Meenu Paul

 Industrial Relations and Labour Laws by S.c..Srivastava

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