LABOUR LEGISLATION

By:-Dinesh Ray Asst. Professor PGC

INTRODUCTION
Labour law 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 law defines the rights and obligations as workers, union members and employers in the workplace.

Generally, labour law covers:

relations certification of unions, labourmanagement relations, collective bargaining and unfair labour practices; Workplace health and safety; Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay.
Industrial

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union.
Second,

individual labour law concerns employees' rights at work and through the contract for work.

Purpose/Objective of labour legislation

Labour legislation that is adapted to the economic and social challenges of the modern world of work fulfils three crucial roles: it establishes a legal system that facilitates productive individual and collective employment relationships, and therefore a productive economy; by providing a framework within which employers, workers and their representatives can interact with regard to workrelated issues, it serves as an important vehicle for achieving harmonious industrial relations based on workplace democracy; it provides a clear and constant reminder and guarantee of fundamental principles and rights at work which have received broad social acceptance and establishes the processes

LABOUR LAWS IN INDIA

The term labour means productive work especially physical work done for wages. Labour law 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.

The Labour legislations in India can be categorized as follows:

1)Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. 2)Labour laws enacted by Central Government and enforced both by Central and State Governments. 3)Labour laws enacted by Central Government and enforced by the State Governments. 4)Labour laws enacted and enforced by the various State Governments which apply to respective States.

Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement 1. The Employees State Insurance Act, 1948 2. The Employees Provident Fund and Miscellaneous Provisions Act,1952 3. The Dock Workers (Safety, Health and Welfare) Act, 1986 4. The Mines Act, 1952 5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976

6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,1976 7. The Mica Mines Labour Welfare Fund Act, 1946 8. The Beedi Workers Welfare Cess Act, 1976 9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 10. The Cine Workers Welfare (Cess) Act, 1981 11. The Beedi Workers Welfare Fund Act, 1976 12. The Cine Workers Welfare Fund Act, 1981

Labour laws enacted by Central Government and enforced both by Central and State Governments 13. The Child Labour (Prohibition and Regulation) Act, 1986. 14. The Building and Other Constructions Workers (Regulation of Employment and Conditions of Service) Act, 1996. 15. The Contract Labour (Regulation and Abolition) Act, 1970. 16. The Equal Remuneration Act, 1976. 17. The Industrial Disputes Act, 1947.

18. The Industrial Employment (Standing Orders) Act, 1946. 19. The InterState Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 20. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 21. The Maternity Benefit Act, 1961 22. The Minimum Wages Act, 1948 23. The Payment of Bonus Act, 1965 24. The Payment of Gratuity Act, 1972

25. The Payment of Wages Act, 1936 26. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 27. The Building and Other Construction Workers Cess Act, 1996 28. The Apprentices Act, 1961 29. Unorganized Workers Social Security Act, 2008 30. Working Journalists (Fixation of Rates of Wages Act, 1958

31. Merchant Shipping Act, 1958 32. Sales Promotion Employees Act, 1976 33. Dangerous Machines (Regulation) Act, 1983 34. Dock Workers (Regulation of Employment) Act, 1948 35. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 36. Private Security Agencies (Regulation) Act, 2005

Labour laws enacted by Central Government and enforced by the State Governments 37. The Employers Liability Act, 1938 38. The Factories Act, 1948 39. The Motor Transport Workers Act, 1961 40. The Personal Injuries (Compensation Insurance) Act, 1963 41. The Personal Injuries (Emergency Provisions) Act, 1962 42. The Plantation Labour Act, 1951 43. The Sales Promotion Employees (Conditions of Service) Act, 1976

44. The Trade Unions Act, 1926 45. The Weekly Holidays Act, 1942 46. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 47. The Workmens Compensation Act, 1923 48. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 49. The Children (Pledging of Labour) Act 1938 50. The Bonded Labour System (Abolition) Act, 1976 51. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

State Labour Laws

As per the norms of different state governments

Some Major Labour Laws in India

Workmens Compensation Act of 1923 The Workmens Compensation Act compensates a workman for any injury suffered during the course of his employment or to his dependents in the case of his death. The Act provides for the rate at which compensation shall be paid to an employee. This is one of many social security laws in India.

Trade Unions Act of 1926

This Act enacted the rules and protections granted to Trade Unions in India. This law was amended in 2001. Payment of Wages Act of 1936 The Payment of Wages Act regulates by when wages shall be distributed to employees by the employers. The law also provides the tax withholdings the employer must deduct and pay to the central or state government before distributing the wages.

Industrial Employment (Standing orders) Act of 1946 This Act requires employers in industrial establishments to define and post the conditions of employment by issuing socalled standing orders. These standing orders must be approved by the government and duly certified. These orders aim to remove flexibility from the employer in terms of job, hours, timing, leave grant, productivity measures and other matters. The standing orders mandate that the employer classify its employees, state the shifts, payment of wages, rules for vacation, rules for sick leave, holidays, rules for termination amongst others.

Minimum Wages Act of 1948

The Minimum Wages Act prescribes minimum wages in all enterprises, and in some cases those working at home per the schedule of the Act. Central and State Governments can and do revise minimum wages at their discretion. The minimum wage is further classified by nature of work, location and numerous other factors at the discretion of the government. The minimum wage ranges between 143 to 1120 per day for work in the so-called central sphere. State governments have their own minimum wage schedules.

Maternity Benefit Act of 1961

The Maternity Benefit Act regulates the employment of the women and maternity benefits mandated by law. Any woman employee who worked in any establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits under the Act. The employer is required to pay maternity benefits, medical allowance, maternity leave and nursing breaks.

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