HUMAN

RESOURCE
MANAGEMENT
K.S.PRASAD

CHAPTER - 2

EQUAL OPPORTUNITY
AND
THE LAW

INTRODUCTION
WHAT IS EQUAL EMPLOYMENT
OPPORTUNITY
WHAT IS THE LAW

EX: BPO AND ITES [PROBLEM]

LABOUR LEGISLATION
IN
INDIA

INTRODUCTION
THE POST LIBERALIZATION
ECONOMIC GROWTH OF INDIA
AND THE RESULTANT INCREASE
IN EFFORTS TO ATTRACT
INTERNATIONAL INVESTMENTS
INTO THE COUNTRY HAVE INVITED
ATTENTION TO THE EXISTING
LABOUR LEGISLATION
FRAMEWORK IN INDIA.

CONTD..
INDIAN LABOUR LAWS ARE
INFLEXIBLE AND OUTDATED AS
PER THE REQUIREMENTS OF
ECONOMIC GROWTH.
REGIDITIES REMOVED- HIGHER
ECONOMIC GROWTH BUT ALSO
LABOUR INSECURITY- WHIMS AND
WISHES OF EMPLOYERS.

LABOUR LEGISLATION AND

CONSTITUTION OF INDIA

THE COI, ROOTED IN THE

PRINCIPLES OF DEMOCRACY,
SOCIALISM AND SECULARISM
HAS ARTICULATED THE BASIC
PRINCIPLES THAT FORM THE
CORNERSTONE OF INDIAN
LABOUR LEGISLATION.

 THE SPECIFIC PROVISIONS

CONCERNED WITH THE LABOUR
AND WORK ARE FOUND IN THE
FUNDAMENTAL RIGHTS AND
DIRECTIVE PRINCIPLES OF
STATE POLICY.

CONTD..
ARTICLE 14 EQUALITY BEFORE LAW
ARTICLE 15 PROHIBITION OF DISCRIMINATION ON
GROUNDS OF RELIGION, RACE, SEX
CASTE OR PLACE OF BIRTH
ARTICLE 16 EO IN PUBLIC EMPLOYMENT
ARTICLE 17 ABOLITION OF UNTOUCHABILITY
ARTICLE 19 RIGHT TO FREEDOM
ARTICLE 21 RIGHT TO LIFE
ARTICLE 23 PROHIBITION OF TRAFFIC IN HUMAN
BEINGS AND FORCED LABOUR
ARTICLE 24 PROHIBITION OF EMPLOYMENT OF
CHILDREN IN FACTORIES

CONTD
ARTICLE 38 - THE STATE TO SECURE A SOCIAL
ORDER FOR THE PROMOTION OF
WELFARE OF PEOPLE.
ARTICLE 41 RIGHT TO WORK, TO EDUCATION
AND TO PUBLIC ASSISTANCE IN
CERTAIN CASES.
ARTICLE 42 - PROVISION FOR JUST AND HUMANE
CONDITIONS OF WORK AND
MATERNITY RELIEF.
ARTICLE 43 PROVIDES FOR A LIVING WAGE FOR
WORKERS

CONTD
ARTICLE 43A PARTICIPATION OF WORKERS IN
ARTICLE 45
ARTICLE 46
ARTICLE 47

MANAGEMENT.
- PROVIDES FOR COMPULSORY AND
FREE EDUCATION FOR CHILDREN
- PROMOTION OF EDUCATIONAL AND
ECONOMIC INTERESTS OF SC/ST/OWS
- IT IS THE DUTY OF THE STATE TO
RAISE THE LEVEL OF NUTRITION AND
THE STANDARD OF LIVING AND
IMPROVE PUBLIC HEALTH.

ARTICLES AFFECTING GOVERNMENT

EMPLOYMENT

THE GOVT. AND THE ASSOCIATED

AGENCIES ARE THE LARGES
FORMAL SECTOR EMPLOYERS IN
INDIA.
ARTICLE 309 REFERS TO RECRUITMENT AND
CONDITIONS OF SERVICE FOR
PEOPLE EMPLOYED BY GOVT.
ARTICLE 310 SPECIFIES THE TENURE OF PERSONS
HOLDING THE OFFICE
ARTICLE 311 DISMISSAL,REMOVAL AND DEMOTION
OF GOVT. EMPLOYEES

LAWS RELATED TO INDUSTRIAL

RELATIONSHIPS

MAINTAINING SMOOTH RELATIONS

BETWEEN MANAGEMENT AND
LABOUR HAS BEEN ONE OF THE
MAIN OBJECTIVES OF INDIAN
INDUSTRIAL RELATIONS. LAWS
FALLING UNDER THIS DOMAIN
ARE MAINLY REGULATIVE IN
NATURE- SPECIFY DOS AND
DONTS

CONTD
THE TRADE UNION ACT 1926.
IT ALLOWS FREEDOM OF ANY SEVEN EMPLOYEES
TO APPLY TO REGISTER A TRADE UNION, LATER
AMENDED[2001] MINIMUM MEMBERSHIP AS 10% OF
UNIONIZABLE EMPLOYEES OR 100 EMPLOYEES
WHICH EVER IS LESS.
IT DOES NOT MAKE REGISTRATION COMPULSORY.
REGISTERED TRADER UNIONS RECEIVE
PROTECTION FROM CERTAIN CIVIL AND CRIMINAL
ACTIONS.
NO CRITERION FOR RECOGNITION OF TU. BY THE
EMPLOYER AS THE REPRESENTATIVE OF
EMPLOYEES.

INDUSTRIAL EMPLOYMENT
(STANDING ORDER ) ACT - 1946
IT IS REGULATORY IN NATURE AND IS APPLICABLE
TO INDUSTRIAL ESTABLISHMENTS UNDER THE
JURISDICTION OF CENTRAL AND STATE GOVT.
THIS ACT SERVES TO REDUCE CONFLICT AND ALSO
BE A COMMUNICATION MECHANISM BETWEEN
MANAGEMENT AND LABOUR.

Industrial Dispute Act - 1947

It is regulatory since it puts restrictions on the
direct actions that can be taken by both the
parties involved in the industrial dispute.
Different conflict resolutions have been
proposed, including works committees,
conciliation officers, board of conciliation,
court of inquiry, labour courts, tribunal and
the national tribunal.
This act also allows the govt. to intervene in
the interest of maintaining industrial peace. I t
has been amended many times.

Laws related to Wages

1. Payment of Wages Act 1936
The objective of ensuring payment of
wages to certain groups of
employees at regular intervals and
without any unauthorized deductions.
This act provides relief to the group
of employees in case of nonpayment
of wages in time.

2. Minimum Wages Act 1928 :

it is ensure that a minimum rate of
wages is paid to all those who are
engaged in wage employment. The
State and union govt. are
empowered to declare minimum
wages for employment categories.

Laws Related to Working hours,

Conditions of Services

The Factories Act 1948.

Most important legislations covering the
manufacturing sector.
This act provides and safegaurds for
workers to protect their health, provides for
safety at the workplace, when dealing with
machinery, improves the physical
conditions of the workplace and provide
welfare amenities.

 This act also restricts the hours of

work, provides for overtime and
spread of hours of employment and
restriction on employment of
women during night hours.

 Shops and Commercial

Establishment Act 1961
It has enactments from most states of India
The growth of IT / ITES has changed the
scenario due the nature of work.
Children and underage people and women
during night hours and lays down the
procedure for dismissal, discharge and
termination.

Laws Related to Equality and

Empowerment of Women

Maternity Benefit Act 1961

Social welfare oriented law at empowering
women, provides security for women
employees working in certain est.
Cannot be dismissed/ discharged during
the period of pregnancy and for defined
periods before and after child birth
Section 5, 4.3, 8, 11, 39

Laws Related to Social Security

The Workmens Compensation Act
1923.
Purpose of making the employer liable to
pay compensation who are affected by
personal injury arising out of accidents.
Partial disablement
Total disablement

 Employees State Insurance Act

1948
Objective of securing financial relief in
cases of sickness, maternity, funeral and
other medical benefits and to their
dependents.

 Employees Provident Fund and

Miscellaneous Provisions Act 1952
contributions from employers and
employees.
Objective is to provide monetary
assistance to employees and their families
when they are in distress, or unable to meet
the family or social obligations.

 Payment of Gratuity Act 1972

It provides payment to all employees at the
prescribed rates 15 days for every year
served.
Minimum five years is required.

Sexual Harassment of Women

Supreme Court of India has given
guidelines to all organizations
regarding this.
Sexually determined behaviour
A demand or request for sexual favours
Physical contact and advances
Sexually colored remarks
Showing pornography
Any other verbal or non verbal conduct of a
sexual nature