Harsh Kumar Mehta
Consultant In Labour Laws/hr
Pan Singh Dangwal
Korgaonkar K A
Asso.prof.(commerce & Management) Pg
Srinath Sai Ram
Hr / Ir
Sr. Manager (p&a)
Consultant And Trainer
As you are well aware, under the Constitution of India, Labour Law is a subject in the concurrent list where both the Central and State Govts are competent to enact legislations. As a result, a large number of labour laws have been enacted catering to different aspects like, occupational health, safety, employment, training of apprentices, fixation, review and revision of minimum wages, mode of payment, payment of compensation to workmen in accidents or causing death or disablement, bonded labour, contract labour, women labour and child labour, resolution and adjudication of industrial disputes, provision of social security such as provident fund, employees’ state insurance, gratuity, provision for payment of bonus etc.
Similarly there are different kind of status regarding registration of establishments/business entities like Factory, Shops, Traders, Contractor, Professional, Seasonal, Non Profit earning organizations etc.
The working culture and scenario is also different on basis of geographical status.
So, it is very difficult to integrate the different establishments and different people in a single pattern. But, the integration of various documents like registers/return in different labour laws is already in process. The Labour Office is issuing UIN (Unique Identification Number) of every organisation. Through the UIN we have to fill the data in a single format which will serve the purpose of different registers / documents.
Pls find attached a note (which I received from this site) on the same being issued from the Labor Office. Though I am unaware of the practical approach of the UIN for , but in long run it can be very useful for professionals (like us). This will reduce similar nature paper work of different acts in different forms.
31st March 2017 From India, Delhi
31st March 2017 From India, Bangalore
31st March 2017 From India, Mumbai
Most irritating part in all labour laws is widely different definitions of 'employee/workman ' and ' wages' which has given contradictory interpretation and n number of court cases.
Hope Mody Govt does something about it on war footing.
1st April 2017 From India, Mumbai
It is true that both, Centre and State can pass laws on labour, the conditions in different States differ, and there are difficulties. But after 70 years of Independence, we must all strive to simplify the labour-management relations. It is really complicated now because of plethora of labour laws. We can consolidate laws in 4-5 ways.
Firstly wages laws that should include Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Equal Remuneration Act.
Secondly administrative laws that should include Factories Act, Shop Act, Mines Act, Plantations Act, Motor Transport Workers Act, Building and Construction Workers Act, Bonded Labour Act, Child Labour Act, Private Security Guards Act, Boilers Act.
Thirdly relations laws that should include Industrial Disputes Act, Trade Unions Act, Standing Orders Act, Bombay Industrial Relations Act, MRTU Act, Contract Labour Act, Employment Exchanges Act,
Fourthly social security laws that should include ESI Act, PF Act, Employees Compensation Act, Maternity Benefit Act, Bombay Labour Welfare Fund Act.
We should also simplify the relationship. The one who works for other and for remuneration is worker. may it be permanent, temporary, contract, managerial, supervisory or anyone. The one who asks other to work for him and pays for the work done is employer, may it be proprietary, partnership, limited company, government, NGO or anyone. And finally any dispute between the worker and employer must be settled or decided within 6 months and appeal within 3 months.
This will promote bilateral relationship, matured relationship, all inclusive system, no subsidy, no government intervention on large scale, and no caste system in industry.
1st April 2017 From India, Pune
HR & Labour Law Advisor
1st April 2017 From India, Mumbai
our law is sufficient to safe guard for the labour/workman. But greedy advocates and the system/procedure of the courts kills. A DISABLE WORKMAN IS HANKERING FOR JUSTICE IN DHCOURT FROM 26 YEARS ONLY AND ONLY DUE TO UTHETHICAL AND GREEDY ADVOCATES. WHAT TO . NEED IS TO CHANGE THE PROCEDURE. IF ONE LABOUR WINS IN LABOUR COURT. WHY IN HIGH COURT. IS LABOUR COURT DECISION IS NOT SUFFICIENT.
FOR ONLY ONE COURT SHOULD BE AND THERE SHOULD BE NO APEAL THIS IS ONE OF THE PROTECTION TO LABOUR AND TIME FRAMED DECISION IS MUST.
3rd April 2017 From India, Delhi
4th April 2017
In current topic of discussion, It is pertinent to mention here that there was 2nd National Commission on Labour set up on 15 October 1999 under the chairmanship of Ravindra Varma.
This Commission submitted its report to the then Prime Minister Atal Bihari Vajpayee on 29 June 2002.
This commission has made certain recommendations to the Government. The Government accordingly has taken steps for simplification, amalgamation and rationalization of Central Labour Laws and replacing them with 4 Labour Codes viz.
1. Code on Wages;
2. Code on Industrial Relations;
3. Code on Social Security & Welfare; and
4. Code on Occupational Safety, Health & Working Conditions.
Accordingly our Govenment has came out with Labour Code on Wages Bill 2015. This is to consolidate and amend the law relating to wages and bonus and the matters connected there with or incidental thereto.
Now, the Government has released a Draft of Labour Code on Social Security & Welfare, on March 16, 2017 by amalgamating all existing Labour Laws related to Social Security totaling to 15 Labour Laws.
It is a good move of the Government. Integration of all Labour Laws into one common Workforce Law is not possible. Even codifying it into four segments as stated will have lot of difficulties, in my view.
2nd May 2017 From India, Mumbai
2. But the past experience says that handing over various labour oriented schemes for implementation to State Governments is a total failure. Take the cases of schemes of labour welfare under Acts/schemes namely-BOCA, Unorganised Social Security Act, RSBY etc.,wherein the implementation, in my opinion, is a total failure and the contributions made for the welfare of the workers actually goes to the Govt. treasuries of the State Govts. and either the said money is not spent for workers welfare, or if spent, there is huge corruption. Even, the experts and seniors can see that the ESI Hospitals run by the State Govts. are primarily in bad conditions and the States are happy to run such hospital on the same pattern as they are running their own Civil Hospitals.
3. Under above Draft Code on Social Security & Welfare, ESIC as well as EPFO will be handed over to the State Boards, which will be controlled by the concerned State Govts. apparently according to their own whims and fancies.
4. I must submit to the seniors and experts as to what is the use of such unification of labour laws ?. I think, in present scenario, EPFO as well as ESIC are providing best services to the eligible working class because these departments are controlled by Central Boards and are independent from any political influences. The States Govts. are mainly influenced with populist schemes with a sole moto of catching maximum votes in next general elections.
5. In addition, ESIC which is controlling ESIS is primarily based on ILO convention of Social Security Minimum Standards. Whether, the States Govts. will be in a position to comply with such standards and policies of ILO and continue to make ESIS financially viable and workable ?.
3rd May 2017 From India, Noida
I fully agree with you. That is why I ended my say as under:
"It is a good move of the Government. Integration of all Labour Laws into one common Workforce Law is not possible. Even codifying it into four segments as stated will have lot of difficulties, in my view."
3rd May 2017 From India, Mumbai