Submitted By: Krishna Mishra Manish Kumar Sourav Kumar Yashasvi Shailly

• Body of rulings pertaining to working people and their organizations, including trade unions and employee unions, enforced by government agencies. • In its most comprehensive sense the term includes social security and disability insurance as well. • Labour Laws harmonize many angles of the relationship between trade unions, employers and employees. • The final goal of labour law is to bring both the employer and the employee on the same level , thereby mitigating the differences between the two ever-warring groups.

• Individual labor law involves concerns for employees' rights in the workplace. • That element of labour law which consists in the rules on collective bargaining. limitation of actions and penalty payments .suspension of the performance of the employment contract and termination of employment. • It includes part-time work. probation clauses . • Collective labor law involves relationships between the union.• There are two: Collective and Individual. the employer and the employee. .

and welfare • Social security • Trade unions and industrial relations • The administration of labor law • Special provisions for particular occupational or other groups. safety. .The basic subject matter of labour law can be considered under nine broad heads: • Employment • Individual employment relationships • Wages and remuneration • Conditions of work • Health.

• Labour Laws can be classified into the following eight categories: • (i) Laws related to Industrial Relations • (ii) Laws related to Wages • (iii) Laws related to Specific Industries • (iv) Laws related to Equality and Empowerment of Women • (v) Laws related to Deprived and Disadvantaged Sections of the Society • (vi) Laws related to Social Security • (vii) Laws related to Employment & Training .• There are over 45 legislations on labour from the Central Government and the number of legislations enacted by the State Governments is close to four times that of the Central Acts.

• Model employee-employer relationships. • Industrial Relations committees in more sectors. • Long term settlements based on productivity. • Vital industries and establishments declared as `public utilities`.• Creative measures to attract public and private investment. • Creating new jobs. • Social security cards for workers. . new Social security schemes for workers in the unorganized sector. • Unified and beneficial management of funds of Welfare Boards.

• • • • • • • • More labour sectors under Minimum Wages Act. . Modern medical facilities for workers. Joint cell of labour department and industries department to study changes in laws and rules. Child labour act to be aggressively enforced . Rehabilitation packages for displaced workers. Computerization and updating of data base. Restructuring in functioning of employment exchanges.

• These acts are aimed at reduction of production losses due to industrial disputes and to ensure timely payment of wages and other minimum amenities of the workers.• Labour Legislation refers to all laws of the Government which have been enacted to provide social and economic security to the labour or workers. Now the state has a direct interest in the industrial peace and prosperity. . • The evils of industrialization have led to the labour legislation.

they depend merely on the mercy of the employers. • Labour organizations are relatively weak and in most of the cases. • The object of legislation is the equitable distribution of profits and benefits accruing from industry between industrialists and workers.• The basic principle of industrial legislation is to ensure social justice to the workers . • Individual worker is economically very weak and is unable to bargain his terms with the employers. • Affording protection to the workers against harmful affects to their health safety and morality. .

• The factories Act contains a number of provisions relating to health safety and welfare of workers. Employees State Insurance Act. dismissal. The economic in security of the workers is removed to a great extent. certain benefits have been statutorily given to workers which the employees otherwise may not get from their employers. • Occupational Act. • In any factories. retrenchments etc . • Special provisions have been made for the women. there important working conditions on account of which the employees health and safety is always in danger. . are all governed by legislation.• Now the prior payment of wages layoff.

The main objectives for various labour laws areas follows: • To protect the workers from profit seeking exploiters. • To preserve the health safety and welfare of workers. • To product the interests of women and children working in the factories. • To promote cordial industrial relations between employers and employees. .

There are four principles on which the labour legislation is based viz • Social Justice The concept of social justice refers to providing justice to everyone in the society so that the poor are not exploited by the rich. • Economic Justice .

The benefits are shared with the workers. resulting in their prosperity. . • International conventions International labour organizations aims at securing the minimum standard of living for the workers throughout the world.• National economy Labour legislation ensures industrial peace and helps in the industrialization of the country. The Directive principles of the constitution contain the idea of welfare state to look after the interest of workers who are the weakest section of the society and satisfy their physical needs with the increase in productivity.

1926.• Employees State Insurance Act. 1923. 1952.1947. • The Mumbai Labour Welfare Fund Act. • The Trade Unions Act. • The Workmen’s Compensation Act. 1970. • The Employees’ Provident Funds and Miscellaneous Provisions Act. • The Factories Act. • Payment of Bonus Act.1953.1948 • The Industrial Disputes Act. 1948.1965: • The Contract Labour (Regulation and Abolition) Act. .

• Applicability All factories excluding seasonal factories employing 10 or more persons and working with electric power. • Benefits Free medical treatment is offered to covered employees at hospital and dispensaries run by the ESI Corporation. 6.500) in or in connection with the work of a factory or establishment end. Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory. Death during course of employment entitles specified dependents to a regular payment. . Any establishment which the Government may specifically notify as being covered. • Eligibility Any person employed for wages (up to Rs.

• Benefits Employees covered enjoy a benefit of Social Security in the form of an unattachable. unwithdrawable This sum is payable normally on retirement or death. specify in this behalf. Other Benefits include Employes’ Pension Scheme and Employee’s Deposit Linked insurance Fund. • Eligibility Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. Any other establishment employing 20 or more persons which Central Government may.• Applicability Every establishment which is a factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed. by notification. .

and RS 3. Bonus to be paid within eight months from the expiry of the accounting year.500/.• Applicability Every factory (as def.500 per month. • Penal Provisions . Employees' drawing remuneration of Rs. The bonus payable to him is to be calculated as if his salary were RS 2. Every person drawing salary between RS 2. 3. & (b) Every other establishment in which 20 or more persons (less than 20 but 10 or more if appropriate Govt. notifies) are employed on any day subject to certain exemptions.or more and those who have worked for less than 30 days are not eligible to receive bonus under the Act.m.500/p. • Benefits Minimum bonus shall be 8. • Eligibility Every person (other than an apprentice) drawing salary up to RS 3. in Factories Act).33% of salary/wages earned or RS 100 whichever is higher.501/.per month.500/.

• Eligibility Any workman who is injured by accident arising out of and in the course of his employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation. 20. partial disablement or temporary disablement results from injury as per prescribed schedule.• Applicability Employer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent or let on hire to another person. then means such other person. Where permanent.000/.whichever is more.whichever is more (relevant factor depends upon the age of a workman).000/. . Where permanent total disablement results from the injury 50% of monthly wages x relevant factor or Rs. • Benefits: Amount of compensation shall be payable by the employer Where death results from injury 40% of monthly wages x relevant factor or Rs. 24.

• Benefits The regular and timely payment of wages (on or before 7th day or 10th day after last day of the wage period in respect of which the wages are payable) Preventing unauthorised deductions being made from wages and arbitrary fines. • Eligibility Every person who is employed in any of the above mentioned establishments and who is drawing less than Rs. . upon any railway or through subcontractor in a railway and a person employed in an industrial or other establishment. 100 per day of delay. 1. The State Government may by notification extend the provisions to any class of person employed in any establishment or class of establishments. • Penal Provisions Penalties are from Rs. 200-1000. Delay wage payments attract penalty of Rs.• Applicability Every person employed in any factory. 500-3000.600 per month. Repeat offenses attract 1 to 6 months imprisonment and fine from Rs.

• Benefits The quantum of gratuity is to be computed at the rate of 15 days wages (7 days wages in case of seasonal establishments) based on rate of wages last drawn . Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end.• Applicability Every factory (as defined in Factories Act). oilfield. mine. Once Act applies. • Eligibility Any person employed on wages/salary. even if he has not completed 5 years of service. the gratuity is payable. plantation. In case of death or disablement. an employee should have rendered continuous service of not less than five years. it continues to apply even if employment strength falls below 10. At the time of retirement or resignation or on superannuation. Any establishment employing 10 or more persons as may be notified by the Central Government. port and railway.

in/aboutus/committee/wrkg rp11/wg11_rplabr.htm • • .• Human Resource Management by Biswajeet Pattanayak •

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