Contents
LABOUR LAWS
IN INDIA (UNION & STATES).
There are two broad
categories of labour law:
Evolution of labour law
in India.
Highlights of Labour
policy of India:-
·
Labour law defines the
rights & obligations as workers union members & employers in the
workplace.
·
Labour
law is also known as employment law.
·
It
is the body of laws, administrative rulings & precedents which address the
legal rights of & restrictions on, working people & their organization.
·
Industrial
relations: Certification of
unions, labour-management relations, collective bargaining & unfair labour
practices.
·
Workplace
health & safety.
·
Employment
standards, including general holidays, annual leave, working hours, unfair dismissals,
minimum wage, layoff procedures & severance pay.
1.
Collective
labour laws relates to the tripartite relationship between employee, employer
& union.
2.
Individual
labour law concerns employee’s rights at work
& though the contract for work.
·
The
labour movement has been instrumental in the enacting of laws protecting labour
rights in the 19th & 20th centuries.
·
In
India, law relating to labour & employment is also known as Industrial
labour.
·
It
is well known that Indian textile goods offered stiff competition to British
textiles in the export market & hence in order to make Indian labour
costlier the factories Act was first introduced in 1883 because of the pressure
brought on the British parliament.
·
The
earliest Indian statute to regulate the relationship between employer & his
workmen was the “Trade Dispute Act” 1929. Provisions were made in this Act for
restraining the rights of strike & lock out but no machinery was provided
to take care of disputes.
·
Ultimately,
the Industrial Disputes Act brought into force on 1 April 1997 repeating the
Trade Disputes Act 1929.
·
Creative measures to
attract public & private investment
·
Creating new jobs
·
New social security
schemes for workers in the unorganized sector.
·
Long term settlements
based on productivity.
·
Statutory amendments for
expediting & steam lining the mechanism of labour Judiciary.
·
Efficient functioning of
Labour Department.
·
More labour sectors under
Minimum Wages Act.
·
Child labour act to be
aggressively informed
·
Modern medical facilities
for workers etc.
·
The
labour laws have also been significantly influenced by the deliberations of the
various sessions of the Indian labour conference & the International labour
conference.
·
Labour
legislations have been shaped & influenced by the recommendations of
the various & National committees
& commissions such as “first National Commission on Labour (1969), National
Commission on Rural Labour (199), Second National Commission on labour (2002)
and Judicial pronouncements on labour related matters specifically pertaining
to minimum wages, bonded labour, child labour, contract labour etc.
·
Labour
is a subject in the concurrent list where both the central & state
governments are competent to enact legislations.
·
The
legislations can be categorized as follows:
a.
Labour
laws enacted by the Central Government, where the central Government has the
sole responsibility for enforcement
·
The
Employee’s state Insurance Act, 1948
·
The
Employee’s provident Fund & Miscellaneous Provisions Act, 1952
·
The
Dock workers (Safety, Health & Welfare) Act, 1986
·
The
Mines Act, 1952
·
The
Mica Mines Labour Welfare Fund Act, 1946
·
The
Beeds Workers Welfare Cess Act, 1976
·
The
Limestone & Dolomite Mines labour Welfare Fund Act, 1972
·
The
cine Workers Welfare (Cess) Act, 1981
·
The
Beeds Workers welfare Fund Act, 1976
·
The
Cine Workers Welfare Fund Act, 1981
·
The
Iron Ore Mines, Manganese Ore Mines & Chroris Ore Mines Labour Welfare
Cess/Fund Act, 1976
b.
Labour
laws enacted by Central Government & enforced both by Central & state
government
·
The
Child labour (Prohibition & Regulation) Act, 1986
·
The
Building & other constructions worker’s (Regulation of employment &
conditions of service) Act, 1996
·
The
Control labour (regulation & Abolition) Act, 1970
·
The
Equal Remuneration Act, 1976
·
The
Industrial Disputes Act, 1947
·
The
Industrial Employment (standing Orders) Act, 1946
·
The
Inter State Migrant Workmen (Regulation of Employment & Conditions of Service)
Act, 1979
·
The
labour laws (Exemption from furnishing Returns & maintaining Register By
Certain Establishments) Act, 1988
·
The
maternity Benefit Act, 1961
·
The
Minimum Wages Act, 1948
·
The
Payment of Bonus Act, 1965
·
Cine
Workers & Cinema theatre workers (Regulation of Employment) Act, 1981
·
Building
& Other constitution workers Cess Act, 1996
·
The
Apprentices Act, 1961
·
Unorganized
workers Social Security Act, 2008
·
Working
Journalists (Fixation of Rates of Wages) Act, 1958
·
Merchant
Shipping Act, 1958
·
Sales
Promotion Employees Act, 1976
·
Dangerous
Machines (Regulation) Act, 1983
·
Dock
Workers (Regulation of Employment) Act, 1948
·
Dock
Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
·
Private
Security Agencies (Regulation) Act, 2005
c.
Labour
laws enacted by Central Government & enforced by the State Governments.
·
The
Employer’s liability Act, 1938
·
The
Factories Act, 1948
·
The
Motor Transport Workers Act, 1961
·
The
Personal Injuries (Compensation Insurance) Act, 1963
·
The
Personal Injuries (Emergency Provisions) Act, 1962
·
The
Plantation Labour Act, 1951
·
The
state Promotion Employees (conditions of service) Act, 1976
·
The
Trade Unions Act, 1926
·
The
Weekly Holidays Act, 1942
·
The
Workmen’s Compensation Act, 1923
·
Working
Journalists & Other News papers Employees (Conditions of service) &
Miscellaneous Provisions Act, 1955. The Employment Exchange (Compulsory
Notification of vacancies) Act, 1959
·
The
Children (Pledging of labour) Act, 1938
·
Bonded
Labour System (Abolition) Act, 1976
·
The
Beedi & Cigar workers (Conditions of Employment) Act, 1966
·
Each
state in India may special labour regulations in certain circumstances:
Ex: Gujarat
1.
In
2004, the state of Ahmadabad amended the Industrial Disputes Act’ to allow
greater labour market flexibility in the Special Export zones & Gujarat
West Bengal.
2.
The
West Bengal Government revised its labour laws making it visually impossible to
shut down a loss making factory.
3.
The
West Bengal law applies to all companies within the state that employ 50 or
more employees.
4.
Labour
policy in India has been evolving in response to specific needs of the
situation to suit requirements of planned economic development & social
justice & has two fold objectives, namely maintaining industrial peace
& promoting the welfare of labour.