Professional Documents
Culture Documents
IMPACT OF
LABOUR LEGISLATION
r CHAPTER IX
IMPACT OF LABOUR LEGISLATION
9.1) DEFINITIONS
The term labour legislation may be defined as "that body of
legal enactments and judicial principles which deals with employ
ment and non-employment, wages, working conditions, industrial
relations, social security, and labour welfare of industrially employed
persons.
9.2. OBJECTIVES :
Labour legislation aims to protect the workers from exploitation,
to strengthen the values of industrial relations so that cordial
relationship exists between the employers and the employees. This
is achieved by preventing the occurance of industrial unrest, also to
provide machinery for prevention and settlement of industrial
disputes, to preserve health, safety and welfare of workers by
regulating conditions of work, and providing the welfare of social
security of workers and to obtain steady growth of production
without frequent breaks due to strikes and lock-outs.
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deals with regulations of conditions of works, welfare and social
security, prevention and settlement of industrial disputes, the
workers organisations, and allied matter fall under the jurisdiction of
industrial law.
9.3. NEED :
Labour law is essentially a socio-economic legislation pertaining
to various human problems in relation to an industry. Industrializa
tion in India has adversely affected the working class people in the
shape of long working hours, miserable living conditions insanitary
slums / huts, industrial fatigue and diseases of head and heart and
bad environmental conditions in and around the work place. In turn
it has given birth to socio-economic problems like poverty, juvenile
delinquency, prostitution and drinking, gambling, immoral traffic in
women and children, over crowded cities less of interest, psycho
logical dissatisfaction in the minds of workers, inadequate rest and
recreation, exposure of fatal accidents, differently of adjustment with
the changed city atmosphere, emphasis on punctuality, regularity,
and obedience to authority in factory life-all these factors affected
the mental make-up of the labour. Besides, a high rate of
absenteeism, labour turnover, pollution, constant strain on the
relations between the employers and the employees bringing about
strikes, lock-outs and gheraos leading to a fall in production and
rise in a cost of production were other factors which compelled the
Government and the employers to change their attitude towards the
working class. Labour legislation was therefore, regarded as an
important instrument in the hands of the state to bring improve
ment in working lives of the workers. Moreover, the labour
problems are typical in nature, therefore, ordinary civil laws are
insufficient to govern them.
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level of earnings, workers find themselves in a great difficulty when
they faces with hazards of life. Besides this it is necessary to
encourage and facilitate for the formation of workers organisations/
trade unions, as well as for maintaining good industrial relations.
9.4. PRINCIPLES :
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misuse of human resources by exploiting them indiscriminately for
private gain and legislation for improving working and living
conditions are based on this principle. To bring amendments in the
laws from time to time due to change in the social conditions, the
laws empowers the Government to make changes.
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of Slavery in 1843, turned to India as a source of cheap labour
supply. Ever since 1840, when the first tea plantation was
developed, the plantation owner faced labour shortage. Although
the legislation was meant to apply only to out migration to foreign
countries, it has a great influence upon the development of labour
legislation with India, especially in connection with recruitment,
forwarding and employment of tea garden labour in Assam.
However, the need for uniform legislation for other industries was
not at all felt.
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the industrial estabilishment but the provisions of the act are not
applicable to the employees who draw an average pay of Rs.
2,500/- per month.
135
It
II wages.
The Act came into force on 23rd Sept. 1948 with a view to
regulate the condition of workers in factories. It aims to, have
safety against hazards, provide reasonable good working conditions
of work, requisite facilities and also to ensure of minimum leave and
rest facilities, working hours etc.
136
I of the workers i. e. deanliness, ventilation, over-crowding, lighting,
drinking water, latrines and urinals, spitoons, dangerous fumes, eye
protection, examination of machinery, fencing, fire, First aid,
canteens, shelter, rest rooms, lunch rooms, creches, working hours,
maternity leave facilities and welfare officer.
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Il employees is equal. The amount so contributed is sent to the
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in every accounting year irrespective of profit or loss. Similarly the
bonus cannot be paid more than 20 per cent.
The Inspectors have been appointed under the law who are
empowered to inspect the documents related to bonus. The
provisions have been made for punishment in case of violation. The
employers have to maintain all the prescribed registers and forms.
139
n
been made, then to his legal heirs. The rate of gratuity is 15 days
salary for every years service.
1
The employer is required to maintain the prescribed registered
and forms and should be made available to the inspectors ap
pointed under the Act. It has been observed that the records have
been maintained as per the law.
140
13. THE EQUAL REMUNERATION ORDINANCE, 1975 :
The Government of India enacted the said act in the year 1961
and framed the rule by the Government of Karanataka in the year
1967. According to the act, the owners are supposed to give
maternity benefits to the female workers who complete minimum
160 days work in a calender year but most of the tobacco
processing units are running in the seasons and intermittent,
therefore, most of the workers do not complete the minimum
condition of 160 days work, in a calender year and they are
deprived of the facilities.
The owners are required to maintain the muster rolls and the
registers and make them available to the inspector for the purspose
of inspection. The contravenes of the provisions of the act and
rules is punishable and the owners may be punished with fine.
141
r It has been observed that the female workers in tobacco
processing units in Nipani could not get benefits because of the
non-implementation of provisions but since the formation of the
union they are getting benefits but it seems that very few workers
have got maternity benfits because most of the workers are aged
and old. The owners have maintained the records as per law.
The Table 9.1 throws light on the national and festivals holidays
given to the workers in tobacco processing units in Nipani.
TABLE - 9.1
TYPE OF INDUSTRIES BY NATIONAL AND FESTIVAL
HOLIDAYS WITH PAY
142
r The Government of Karnataka has enacted a special act for
national and festivals holidays act. According to this act, total 13
national and festival holidays are decided mutually between the
management and the unions of workers. The act has been
implemented, but holidays are given without wages. Secondly, in
most of the units in Nipani, the workers are asked to work on
holidays on single wage only. As per law, double wages are to be
paid on holidays. Some units give payment of such holidays at the
end of the season. In some units payment of such holidays is not
at all given to the workers. This may be possible due to unhealthy
trade union and corruptive government machinery.
TABLE - 9.2
TYPE OF INDUSTRY BY EARNED LEAVE WITH PAY
Perennial 90 — 20 110
(22.00) (5.00) (27.50)
Seasonal — 210 — 210
(52.50) (52.50)
Intermittent — 73 7 80
(18.25) (1.75) (20.00)
L 143
=
leave is not given to the workers in seasonal and intermitent units. n
TABLE - 9.3
Perennial no • _
110
(27.50) (27.50)
Seasonal —
210 210
(52.50) (52.50)
Intermittent —
80 80
(20.00) (20.00)
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The Table 9.4 illustrates the awareness of the workers regarding
interest on their provident fund amount.
TABLE - 9.4
LENGTH OF SERVICE BY AWARNESS OF WOMEN WORK
ERS REGARDING PROVIDENT FUND INTEREST
upto5 15 15
(3.75) (3.75)
6 -10 90 90
(22.50) (22.50)
11 -15 220 220
•
- (55.00) (55.00)
16 - 20 15 60 75
(3.75) (15.00) (18.75)
Little 60 (15.00)
Sufficient — —
Almost all the tobacco workers are the members of trade union.
They attend the meeting of trade union. They attend the meeting
of union and particiate in activities and functions organised by the
union. Despite of it, these workers are not aware regarding the
main provisions of Trade Union Act. it seems that lack of intrest
and education is the main reason for their unawareness.
146
r The Table 9.6 shows wether there are works committees
tobacco processing units in Nipani.
n
TABLE - 9.6
WORKS COMMITTEE
Yes — —
No 90 (22.50)
Equal 31 (7.75)
148
r The Table 9.8 shows the suggestions of the workers regarding
labour laws.
HI
TABLE - 9.8
SUGGESTIONS REGARDING LABOUR LAWS
No suggestions 64 (16.00)
It appears that the workers are aware that the labour laws have
not been implemented thoroughly in tobacco processing units in
Nipani. Therefore, majority of them have recorded suggestion that
labour laws should be implemented throughly, and wage slips
should be issued to the workers. The suggestions recorded by the
workers are reasonable.
149
REFERENCE
1. V. P. Shintre, "Handbook of Labour Laws", Vidyarthi Graha
Prakashan", Pune, 1988.
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