Labour Laws

By Dr. A. Raja Mogili

Compliance of Laws by a Legal Entity

* 1. 2. 3. 4. 5. * Plethora of legal legislations govern a legal entity viz., Corporate Laws Taxation & Economic Laws Environment, Health & Safety Laws Industrial, Labour & HR related Laws Miscellaneous Laws including State Laws. Clause-49 (Listing Agreement) requirement Board shall periodically review compliance of all applicable Laws as well as steps taken by the Company to rectify instances of non-compliances. Compliance certificate by the Corporate Executives to the Board. Compliance Monitoring Systems (CoMS)

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Major Labour Legislations - Classification

A. Major Safety and Welfare Legislations
1. 2. 3. 4. 5. Factories Act, 1948 The Apprentices Act, 1961 Employment of Children Act, 1938 The Mines Act, 1952 The Motor Transport Workers Act, 1961

Major Labour Legislations - Classification

A. Major Safety and Welfare Legislations
6. The Explosives Act, 1884

7. 8. 9. 10. 11.

The Petroleum Act, 1934 Indian Boilers Act, 1923 Employers Liability Act, 1938 Fatal Accidents Act, 1855 Plantations Labour Act, 1951
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Major Labour Legislations Classification

B. Major Social Security Legislations
1. 2. 3. 4. 5. 6. The Workmens Compensation Act, 1923 The Employers Liability Act, 1938. The Employees State Insurance Act, 1948 The Employees PF and Misc. Provisions Act, 1952 The Maternity Benefit Act, 1961 Personal Inquiries (Compensation Insurance) Act, 1963
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Major Labour Legislations Classification

B. Major Social Security Legislations
7. Contract Labour (Regulation & Abolition) Act, 1970 8. Equal Remuneration Act, 1976 9. Beedi & Cigar Workers (Conditions of Employment) Act, 1966 10. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
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Major Labour Legislations Classification

B. Major Social Security Legislations
11. Child Labour (Prohibition & Regulation) Act, 1986 Children (Pledging of Labour) Act, 1933 The Cine Workers & Cinema Theatre Workers (Regulation of Employment ) Act, 1981 Dock Workers (Regulation of Employment) Act, 1948 Equal Remuneration Act, 1976

12. 13.

14. 15.

Major Labour Legislations Classification

B. Major Social Security Legislations
16. Inter State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 17. Private Security Agencies (Regulation) Act, 2005 18. Public Liability Insurance Act, 1991 19. Sales Promotion Employees (Condition of Service) Act, 1976 20. Weekly Holidays Act, 1942 21. The Bonded Labour System (Abolition) Act, 10 1976

Major Labour Legislations Classification

C. Major Industrial Relation Legislations
1. The Trade Unions Act, 1926

2.
3. 4.

The Industrial Employment (Standing Orders) Act, 1946 The Industrial Disputes Act, 1947 Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

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Major Labour Legislations Classification

D. Wages, Bonus & Gratuity Legislations
1. The Minimum Wages Act, 1948

2. 3. 4.

The Payment of Wages Act, 1936 The Payment of Bonus Act, 1965 The Payment of Gratuity Act, 1972

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Major Labour Legislations Classification

E. Shops & Establishments Act & Other Acts
1. State Shops & Establishment Acts. 2. Labour Laws (exemption from furnishing of returns & maintenance of registers) Act, 1988

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Pro Employer Legislation

In the beginning the industrial legislation aimed at protecting the employer rather than workmen. In Binni & Co., Vs The Madras Textile Labour Union (1921) The Madras High Court treated the union decision to go on strike as criminal conspiracy. Similarly, workmens breach of contract Act, 1859 and Employers & Workmens (Disputes) Act, 1860 provided for penalties for workmen for interference with the Employers right to carry on trade and business.

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Pro-Labour Legislations
The Laws shall protect the weak. The logic behind protective Labour Legislations may really astonish us. The British Textile Mill Owners felt that due to cheap and unregulated labour in India, the cost component of labour in textile manufacturing is low and hence the Indian textile industry could supply the textiles in International markets at cheaper rates. They wanted to introduce stringent labour regulations in India making the employer to incur more cost thereby the cost component of labour is more.
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Pre/post-Independence Labour Legislations The word labour need to be replaced with the word employee / workmen. The word dispute to be replaced with the word industrial relations. After Independence and in particular after the Constitution of India came into effect the word labour is included in the concurrent list, in VII Schedule.
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Consequently the Central as well as State Governments have enacted various Labour Laws.
National Commission on Labour (1966-69) Recommendations many recommendations not implemented. Ramanujam Committee on Industrial Relations not seen the light. The workers participation in the management bill remained in cold storage.
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Industrial Relations
The Industrial Disputes Act aims at investigation and settlement of the disputes and for other purposes. The machinery available for settlement of disputes is tabulated below:

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MAIN OBJECTS OF INDUSTRIAL DISPUTES ACT

Prevention

Investigation

Settlement of Disputes

Others

Works Committee (Sec.3) Grievance Settlement Authority (Sec.9-C)

Court of Inquiry (Sec.6)

Provision regarding: Retrenchment Lay-Off Closure Notice of Change

Conciliation

Adjudications

Conciliation Officer (Sec.4)

Conciliation Board (Sec.5)

Labour Court (Sec.7)

Industrial Tribunal (Sec.7-A)

National Tribunal (Sec.7-B)

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