Human Resource & Labour Laws
Introduction:
The term `labour legislation’ is used to cover all the laws which have been enacted to deal with “employment and non-employment” wages, working conditions, industrial relations, social security and welfare of persons employed in industries.
Need for labour legislation in India:
1. Organized industry in a planned economy calls for the spirit of co-operation and mutual dependence for attaining the common purpose of greater, better and cheaper production.
2. Since this has not been happening voluntarily, the need for State intervention.
3. In India, labour legislation is treated as an arm of the State for the regulation of working and living conditions of workers.
The need for labour legislation may be summarized as under:
1. Necessary for the health, safety, and welfare of workers;
2. Necessary to protect workers against oppressive terms as individual worker is economically weak and has little bargaining power;
3. To encourage and facilitate the workers in the organization;
4. To deal with industrial disputes;
5. To enforce social insurance and labour welfare schemes.
Objectives:
The objectives of labour legislations are two-fold:
1. Preservation of the health, safety and welfare of workers; and
2. Maintenance of good relations between employers and employees.
Principles of labour legislation:
Social Justice:
1. The essence of democracy is ensuring social justice to all sections of the community.
2. This demands the protection of those who cannot protect themselves.
3. In modern industrial set-up, workers, left to themselves, are unable to protect their interest.
4. Therefore, the State has to intervene to help them by granting them freedom of association, the power of collective bargaining and by providing for mediation or arbitration in the case of industrial conflict.
Social Equity:
1. Legislation based on this principle provides for achievement of definite standards. Standards in terms of living, position in society etc. of the working population. These standards for the working class can be achieved by bringing about changes in the Law of our land.
2. Power to change the Law is exercised by the government. Existing laws may be amended to meet the changed standards.
National Economy:
1. Measures have to be provided through legislation to:
2. Ensure normal growth of industry for the benefit of the nation as a whole;
3. Satisfy the physical and intellectual needs of the citizens;
4. Ensure the growth of industrial efficiency such as to adjust the wage system with a view to increase the productivity and prosperity of the workers.
International Uniformity:
1. Since its inception, securing minimum standards (for the working population – worldwide) on a uniform basis in respect of all labour matters has been the main objective of ILO.
2. To this end, conventions are passed at the conferences of ILO.
3. As a member of the ILO, adopting these conventions would require appropriate legislation to be brought about.
4. The influence of international labour conventions has been significant in shaping the course of labour legislation in India.
Labour Legislation in India:
In India, we have many labour laws that affect the labour conditions. The main laws are:
1. The Factories Act, 1948.
2. The Trade Union Act, 1926.
3. The Industrial Disputes Act, 1947.
4. The Payment of Wages Act, 1936.
5. The Minimum Wages Act, 1948.
6. The Equal Remuneration Act, 1976.
Laws related to Industrial Relations:-
1 The Trade Unions Act, 1926
The Trade Unions (Amendments) Act, 2001
2 The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
3 The Industrial Disputes Act, 1947
Laws related to Wages
1 The Payment of Wages Act, 1936
The Payment of Wages Rules, 1937
The Payment of Wages (AMENDMENT) Act, 2005
2 The Minimum Wages Act, 1948
The Minimum Wages (Central) Rules, 1950
3 The Working Journalist (Fixation of Rates of Wages) Act, 1958
Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
4 The Payment of Bonus Act, 1965
The Payment of Bonus Rules, 1975
Laws related to Working Hours, Conditions of Services and Employment
1 The Factories Act, 1948
2 The Dock Workers (Regulation of Employment) Act, 1948
3 The Plantation Labour Act, 1951
4 The Mines Act, 1952
5 The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955
The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Rules, 1957
6 The Merchant Shipping Act, 1958
7 The Motor Transport Workers Act, 1961
8 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9 The Contract Labour (Regulation & Abolition) Act, 1970
The Contract Labour Regulation Rules
10 The Sales Promotion Employees (Conditions of Service) Act, 1976
The Sales Promotion Employees (Conditions of Service) Rules, 1976
11 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
12 The Shops and Establishments Act
13 The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
The Cine Workers’ Welfare Fund Act, 1981.
14 The Dock Workers (Safety, Health & Welfare) Act, 1986
15 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
16 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997
Laws related to Equality and Empowerment of Women
1 The Maternity Benefit Act, 1961
2 The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
1 The Bonded Labour System (Abolition) Act, 1976
2 The Child Labour (Prohibition & Regulation) Act, 1986
3 The Children (Pledging of Labour) Act, 1933
Laws related to Social Security
1 The Workmen’s Compensation Act, 1923
The Workmen's Compensation (Amendments) Act, 2000
2 The Employees’ State Insurance Act, 1948
3 The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Employees’ Provident Fund & Miscellaneous Provisions (Amendment) Act, 1996
4 The Payment of Gratuity Act, 1972
The Payment of Gratuity Rules
5 The Unorganised Woekers' Social Security Act 2008
The Unorganised Workers' Social Security Rules 2008
Laws related to Labour Welfare
1 The Mica Mines Labour Welfare Fund Act, 1946
2 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
3 The Beedi Workers Welfare Fund Act, 1976
4 The Beedi Workers Welfare Cess Act, 1976
The Beedi Worker's Welfare Cess Act Rules, 1977
5 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
6 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976
7 The Cine Workers Welfare Fund Act, 1981
8 The Cine Workers Welfare Cess Act, 1981
9 The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993
Laws related to Employment & Training
1 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
2 The Apprentices Act, 1961
Others
1 The Fatal Accidents Act, 1855
2 The War Injuries Ordinance Act, 1943
3 The Weekly Holiday Act, 1942
4 The National and Festival Holidays Act
5 The War Injuries (Compensation Insurance) Act, 1943
6 The Personal Injuries (Emergency) Provisions Act, 1962
7 The Personal Injuries (Compensation Insurance) Act, 1963
8 The Coal Mines (Conservation and Development) Act, 1974
10 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988