"Greetings" can anybody expalin the role of central govt. and state govts in labour law compliances. Which filing need to be done with central govt. and which for state govt.
From India, Pune
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From India, Pune
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In the Constitution of India, there are three lists that give power to legislate. The first is the Central subjects where only the center can legislate, and states can't legislate. The second is State subjects where only states can legislate and not the center. The third is the Concurrent list, in which both the center and states can legislate.
Labour is on the Concurrent list, so both will have the power to legislate. Where the center has legislated, you have to comply with central legislation, and where the state has legislated, you have to comply with state legislation requirements. For example, the Maharashtra House Rent Allowance or the Maha Mathadi Act, etc.
I hope this clears your doubt.
From India, Mumbai
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8Labour is on the Concurrent list, so both will have the power to legislate. Where the center has legislated, you have to comply with central legislation, and where the state has legislated, you have to comply with state legislation requirements. For example, the Maharashtra House Rent Allowance or the Maha Mathadi Act, etc.
I hope this clears your doubt.
From India, Mumbai
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As per our constitution LABOUR is in the concurrent List.ie both the central and State Govt can legislate on the subject.
The relevent list is as below
But we have a convention.labour subject is discussed in the TRIPARTITE FORUM ie Indian Labour Conference,subsequently necessary legislations intruduced in the parliament.
such act will be applicable to the whole of India.But state can amend relevant sections and also is empowered to make rules for the implementation of the act.
In every act appropriate Govt is properly defined.Depending on the type of organization ,it can easily be clarified.
you need to specify the issue ,know relevent act and find the appropriate govt.
pls discuss with couple of people.
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The relevent list is as below
"23. Social security and social insurance; employment and unemployment.
24. Welfare of labour including conditions of work, provident funds,
employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits."
24. Welfare of labour including conditions of work, provident funds,
employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits."
But we have a convention.labour subject is discussed in the TRIPARTITE FORUM ie Indian Labour Conference,subsequently necessary legislations intruduced in the parliament.
such act will be applicable to the whole of India.But state can amend relevant sections and also is empowered to make rules for the implementation of the act.
In every act appropriate Govt is properly defined.Depending on the type of organization ,it can easily be clarified.
you need to specify the issue ,know relevent act and find the appropriate govt.
pls discuss with couple of people.
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Mr. Vinod,
There are two labor officers: (1) State Govt. Labor Officer and (2) Labor Enforcement Officer (Central). The Labor Enforcement Officer (Central) can visit government sector industries such as Refineries, IOCL, BPCL, HPCL, GAIL, etc.
Compliance in Central is the same; only the form numbers are different, such as:
1. Muster Roll (Form-V).
2. Register of Wages (Form-X).
3. Register of Overtime (Form-IV).
4. Register of Fines (Form-I).
5. Register of Deductions (Form-II).
6. Wage Slip (Form-XI).
7. Abstract of Minimum Wage Act.
Regards,
Ashok More
From India, Ahmadabad
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There are two labor officers: (1) State Govt. Labor Officer and (2) Labor Enforcement Officer (Central). The Labor Enforcement Officer (Central) can visit government sector industries such as Refineries, IOCL, BPCL, HPCL, GAIL, etc.
Compliance in Central is the same; only the form numbers are different, such as:
1. Muster Roll (Form-V).
2. Register of Wages (Form-X).
3. Register of Overtime (Form-IV).
4. Register of Fines (Form-I).
5. Register of Deductions (Form-II).
6. Wage Slip (Form-XI).
7. Abstract of Minimum Wage Act.
Regards,
Ashok More
From India, Ahmadabad
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Hi!
Mr. Patel is right. Central acts will be brief, and state acts will provide detailed regulations. For example, there should be a sufficient number of toilets in a factory as per the Factories Act of 1948 (central). Specifically, there should be toilets for every 30 workers and urinals for every 50 workers as per the Tamil Nadu Factories Rules of 1950 (state). Therefore, states can amend and expand these rules without breaching central regulations.
From India, Madras
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Mr. Patel is right. Central acts will be brief, and state acts will provide detailed regulations. For example, there should be a sufficient number of toilets in a factory as per the Factories Act of 1948 (central). Specifically, there should be toilets for every 30 workers and urinals for every 50 workers as per the Tamil Nadu Factories Rules of 1950 (state). Therefore, states can amend and expand these rules without breaching central regulations.
From India, Madras
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To clear this point, please refer to the definition of "Appropriate government" in each labor law applicable to your factory or establishment. This will be in Section 2 of any act.
Regards,
Manoj Prasd
From India, Mumbai
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Regards,
Manoj Prasd
From India, Mumbai
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Dear Ashok, please clarify if an establishment is registered under the Factories Act, can the State Government Labour Officer have jurisdiction to inspect the factory? Or does the Chief Labour Inspector under the factory have jurisdiction? Kindly reply.
Regards,
Azim
From India, Mumbai
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Regards,
Azim
From India, Mumbai
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Existing Central and State Labour Laws in India.docx
Contract Labour _Regln & Abolition_ Central Rules 1971.pdf