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EMPLOYMENT LAW INDIA
The
object of the employment laws in India is social welfare legislation
protecting the employees, protecting their contentment and regulates
situation of crisis. India adopted the the core labour standards of
ILO for welfare of workers and to protect their interests. India has
enacted a number of labour laws addressing various issues such as
resolution of industrial disputes, working conditions, labour
compensation, insurance, child labour, equal remuneration etc. Labour
is a subject in the concurrent list of the Indian Constitution and is
therefore in the jurisdiction of both central and state governments.
Both central and state governments have enacted laws on labour issues.
Central laws grant powers to officers under central government in some
cases and to the officers of the state governments in some cases. The
labour laws cast upon the employer certain obligations for meticulous,
impeccable and timely compliance. A minor violation or an inadvertent
delay in complying with the statutory requirements, not only result in
levy of damages but also prosecutions that too, of the top executives.
This Act is the earliest national legislation
to provide the compensation to certain classes of workmen by their
employers for injury which may be suffered by the workmen as a result
of an accident during the course of employment. The general principle
is that a workman who suffers injury in course of his employment
should be entitled to compensation and in case of fatal injury his
dependants should be compensated.
The Act prescribes minimum wages for all
employees in all establishments or working at home in certain
employments specified in the schedule of the Act. Central and State
Governments revise minimum wages specified in the schedule.
The Act regulates issues relating to time
limits within which wages shall be distributed to employees and that
no deductions other than those authorized by the law are made by the
employers.
The object of the Act is not only to make the
provision for investigating and settlement of the industrial disputes,
but also to secure industrial peace so that it may result in more
production and improve national economy. Further more the Act aims
to ensure fair terms to workmen and to prevent disputes between
employer and the employees so that production may not be adversely
affected in the larger interest of public.
Employees Provident Fund and Miscellaneous
Provisions Act 1952
The Act applies to any establishment / business
in which twenty or more persons are employed on any day during an
accounting year. It provides for the payment of bonus to persons
employed in certain establishments on the basis of profits or on the
basis of production or productivity. The minimum bonus, which an
employer is required to pay even if he suffers losses during the
accounting year is 8.33% of the salary.
The Act provides for a provision for the
payment of gratuity to all employees in all establishments employing
ten or more employees to all types of workers. Gratuity is payable to
an employee on his retirement/resignation.
The Act provides the certain benefits to the
women in certain establishments for a prescribed period before and
after child birth. The Act does not apply to any factory or other
establishment to which the Employees State Insurance Act 1948 is
applicable. Every women employee who has actually worked in an
establishment for a period of at least 80 days during the 12 months
immediately proceeding the date of her expected delivery, is entitled
to receive maternity benefits i.e. medical bonus, maternity leave,
nursing breaks under the Act.
The Act requires employers in industrial
establishments to clearly define the conditions of employment by
issuing standing orders duly certified. Model standing orders issued
under the Act deal with classification of workmen, holidays, shifts,
payment of wages, leaves, termination etc. It regulates the needs of trained craftsmen for industry by utilizing the training facility available in the industry so as to supplement the availability of trained technical personnel. It is statutory obligation of every establishment to train a number of apprentices according to ratio of the trade in their establishment. The Bonded Labour System (Abolition) Act, 1976 The Act seeks to provide for the abolition of bonded labour system with a view to preventing economic and physical exploitation of the weaker section. The Child Labour (Prohibition and Regulation) Act, 1986 The Act is a social welfare legislation aiming to prohibit the engagement of children in certain employments and to regulate the conditions of the children in certain other employment. A child means a person who has not completed his fourteenth year of age. The Collection of Statistics Act, 1953 The Act empowers the state to effect the collection of statistics of certain kinds relating to industry, trade and commerce. The Contract Labour (Regulation & Abolition) Act, 1970 The Act was passed to aid of workers who are employed through contractors and who have no direct link with industry for which work is done. The Act regulates the employment of contract labour in certain establishments and prohibits such employment in certain circumstances. The Dangerous Machine (Regulation) Act, 1983 The Act is to provide for regulation of trade and commerce in, and production, supply, distribution of the product producing dangerous machines with a view to securing the welfare of labour, operating such machines. The Indian Dock Labouers Act, 1934 The Act was passed to give effect to the convention concerning the protection against accidents of workers while loading and unloading of ships. The Emigration Act, 1983 The Act is designed to restrict and control the emigration of skilled and unskilled workers recruited for work beyond the limits of India. It apply to citizens of India and outside. The Equal Remuneration Act, 1976 The Act provides for payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex. The Factories Act, 1948 The Act provides that employees should work in healthy and sanitary conditions so far as the manufacturing process will allow and that precaution to be taken care for their safety and for the preventions of accidents. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 The Act applies to every establishment in which five or more inter state migrant workmen are employed. It further provides for the registration of the principal employer. The Mines Act, 1952 The Act seeks to regulate the working conditions in mines by providing for measures to be taken for the safety of workers employed therein and certain amenities for them. The Minimum Wages Act, 1948 The Act has been enacted to ensure that the employer pays minimum wages to the employees as fixed or revised by the appropriate government. The Motor Transport Workers Act, 1961 The Act deals with the matters like medical facilities, welfare facilities, hours of work, spread over, rest period, overtime, annual leave with pay etc. The Working Journalists and other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 |
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