Please explain the labour laws and rules related to Govt./semi Govt organization
From India, Cuttack
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From India, Cuttack
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Dear Daizzy, I am not sure what exactly you mean by Government/Semi-Govt organization with reference to the applicability of Labor Laws.
Applicability of Labor Laws to Government Activities
Any activity analogous to industry undertaken by the Government, be it Central or State, or in partnership with the private sector, would be an activity to which all the Labor Laws would be equally applicable, subject to exemptions if any are specifically provided in the respective law.
Supreme Court's Stance on Labor Laws
In fact, in certain landmark judgments on labor issues pertaining to public sector undertakings, the Supreme Court of India categorically laid down that the State shall strive to be a model employer.
Therefore, all Labor Laws are applicable to all undertakings of the Central/State Governments like Govt. Corporations, Boards, Companies, etc.
From India, Salem
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6108Applicability of Labor Laws to Government Activities
Any activity analogous to industry undertaken by the Government, be it Central or State, or in partnership with the private sector, would be an activity to which all the Labor Laws would be equally applicable, subject to exemptions if any are specifically provided in the respective law.
Supreme Court's Stance on Labor Laws
In fact, in certain landmark judgments on labor issues pertaining to public sector undertakings, the Supreme Court of India categorically laid down that the State shall strive to be a model employer.
Therefore, all Labor Laws are applicable to all undertakings of the Central/State Governments like Govt. Corporations, Boards, Companies, etc.
From India, Salem
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Dear Sir, thank you for your reply.
Questions about labor laws
1. I want to ask about labor laws.
2. And rules related to Government/semi-Government organizations.
Labor law of the Government of Bihar
3. Modified labor laws were implemented for three months in UP and Bihar. Is it in practice now or not?
Regards, Daizzy
From India, Cuttack
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Questions about labor laws
1. I want to ask about labor laws.
2. And rules related to Government/semi-Government organizations.
Labor law of the Government of Bihar
3. Modified labor laws were implemented for three months in UP and Bihar. Is it in practice now or not?
Regards, Daizzy
From India, Cuttack
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The definition clarifies the applicability of the Act enacted, i.e., in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, or by a railway company, or concerning any such controlled industry as may be specified in this behalf by the Central Government, or in relation to an industrial dispute concerning.
Besides, the Central Government and State Government have framed different service rules for the employees engaged in offices of government-run departments other than the industrial establishments. In fact, in certain landmark judgments on labor issues pertaining to public sector undertakings.
Therefore, all labor laws are applicable to all undertakings of the Central/State Governments like government corporations, boards, companies, etc.
From India, Mumbai
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Besides, the Central Government and State Government have framed different service rules for the employees engaged in offices of government-run departments other than the industrial establishments. In fact, in certain landmark judgments on labor issues pertaining to public sector undertakings.
Therefore, all labor laws are applicable to all undertakings of the Central/State Governments like government corporations, boards, companies, etc.
From India, Mumbai
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Dear Colleague, "LABOUR" is a subject that falls under the concurrent list in the Constitution of India. Hence, both the Central Government and State Government may enact laws as it is a common subject. However, you must follow the laws enacted by the "APPROPRIATE GOVERNMENT," which is defined under each such enactment. For certain establishments, the State will be the appropriate government, and for others, the Central Government is the appropriate government.
As you mentioned, whether you are part of a government-established public sector or quasi-government entity is not clear. You should determine who your appropriate government is, then follow the respective labor laws made by either the State or Central Government.
UP and Bihar State Governments have lists of labor laws enacted, and they have introduced many reforms in implementation, which you can review on the official website of the respective State Governments' Labour Ministry Section.
For your information, the following laws are made by the Central Government, which might be applicable depending on your nature of establishment, number of employees, and other factors. Not all, but many will apply, which you need to check internally with a good advisor in your location or with the Labour Department officials/commissioners in the area where your factory is located.
List of Enactments in the Ministry of Labour (Central Labour Acts) Govt of India:
1. The Employees’ Compensation Act, 1923
- The Employees’ Compensation (Amendment) Act 2017
2. The Trade Unions Act, 1926
3. The Payment of Wages Act, 1936
- The Payment of Wages (Amendment) Act 2017
4. The Industrial Employment (Standing Orders) Act, 1946
- Notification dated 07.10.2016 (Amendment to Schedule)
5. The Industrial Disputes Act, 1947
6. The Minimum Wages Act, 1948
7. The Employees’ State Insurance Act, 1948
8. The Factories Act, 1948
9. The Plantation Labour Act, 1951
10. The Mines Act, 1952
11. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
12. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
13. The Maternity Benefit Act, 1961
- The Maternity Benefit (Amendment) Act 2017
14. The Payment of Bonus Act, 1965
- The Payment of Bonus (Amendment) Act 2015
15. The Contract Labour (Regulation and Abolition) Act, 1970
16. The Payment of Gratuity Act, 1972
17. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
18. The Bonded Labour System (Abolition) Act, 1976
19. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
20. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
21. The Equal Remuneration Act, 1976
22. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
23. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
24. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
- The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
- The Amendment Act 2014
25. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
26. The Building and Other Construction Workers Welfare Cess Act, 1996
All the Best, God Bless,
Dr. P. SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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As you mentioned, whether you are part of a government-established public sector or quasi-government entity is not clear. You should determine who your appropriate government is, then follow the respective labor laws made by either the State or Central Government.
UP and Bihar State Governments have lists of labor laws enacted, and they have introduced many reforms in implementation, which you can review on the official website of the respective State Governments' Labour Ministry Section.
For your information, the following laws are made by the Central Government, which might be applicable depending on your nature of establishment, number of employees, and other factors. Not all, but many will apply, which you need to check internally with a good advisor in your location or with the Labour Department officials/commissioners in the area where your factory is located.
List of Enactments in the Ministry of Labour (Central Labour Acts) Govt of India:
1. The Employees’ Compensation Act, 1923
- The Employees’ Compensation (Amendment) Act 2017
2. The Trade Unions Act, 1926
3. The Payment of Wages Act, 1936
- The Payment of Wages (Amendment) Act 2017
4. The Industrial Employment (Standing Orders) Act, 1946
- Notification dated 07.10.2016 (Amendment to Schedule)
5. The Industrial Disputes Act, 1947
6. The Minimum Wages Act, 1948
7. The Employees’ State Insurance Act, 1948
8. The Factories Act, 1948
9. The Plantation Labour Act, 1951
10. The Mines Act, 1952
11. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
12. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
13. The Maternity Benefit Act, 1961
- The Maternity Benefit (Amendment) Act 2017
14. The Payment of Bonus Act, 1965
- The Payment of Bonus (Amendment) Act 2015
15. The Contract Labour (Regulation and Abolition) Act, 1970
16. The Payment of Gratuity Act, 1972
17. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
18. The Bonded Labour System (Abolition) Act, 1976
19. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
20. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
21. The Equal Remuneration Act, 1976
22. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
23. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
24. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
- The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
- The Amendment Act 2014
25. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
26. The Building and Other Construction Workers Welfare Cess Act, 1996
All the Best, God Bless,
Dr. P. SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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Amended Labor Laws.doc
Labor Laws Modified.pdf