Submitted By: Krishna Mishra Manish Kumar Sourav Kumar Yashasvi Shailly

Body of rulings pertaining to working people and their organizations, including trade unions and employee unions, enforced by government agencies. In its most comprehensive sense the term includes social security and disability insurance as well. Labour Laws harmonize many angles of the relationship between trade unions, employers and employees. The final goal of labour law is to bring both the employer and the employee on the same level , thereby mitigating the differences between the two ever-warring groups.

 There are two: Collective and Individual. Collective labor law involves relationships between the union, the employer and the employee. That element of labour law which consists in the rules on collective bargaining. Individual labor law involves concerns for employees' rights in the workplace. It includes part-time work, probation clauses ,suspension of the performance of the employment contract and termination of employment, limitation of actions and penalty payments .

The basic subject matter of labour law can be considered under nine broad heads: Employment Individual employment relationships Wages and remuneration Conditions of work Health, safety, and welfare Social security Trade unions and industrial relations The administration of labor law Special provisions for particular occupational or other groups.

 There are over 45 legislations on labour from the Central Government and the number of legislations enacted by the State Governments is close to four times that of the Central Acts. Labour Laws can be classified into the following eight categories: (i) Laws related to Industrial Relations (ii) Laws related to Wages (iii) Laws related to Specific Industries (iv) Laws related to Equality and Empowerment of Women (v) Laws related to Deprived and Disadvantaged Sections of the Society (vi) Laws related to Social Security (vii) Laws related to Employment & Training

 Creative measures to attract public and private investment. Creating new jobs, new Social security schemes for workers in the unorganized sector. Social security cards for workers. Unified and beneficial management of funds of Welfare Boards. Model employee-employer relationships. Long term settlements based on productivity. Vital industries and establishments declared as `public utilities`. Industrial Relations committees in more sectors.

More labour sectors under Minimum Wages Act. Child labour act to be aggressively enforced . Modern medical facilities for workers. Rehabilitation packages for displaced workers. Restructuring in functioning of employment exchanges. Computerization and updating of data base. Joint cell of labour department and industries department to study changes in laws and rules.

 Labour Legislation refers to all laws of the Government which have been enacted to provide social and economic security to the labour or workers. The evils of industrialization have led to the labour legislation. Now the state has a direct interest in the industrial peace and prosperity. These acts are aimed at reduction of production losses due to industrial disputes and to ensure timely payment of wages and other minimum amenities of the workers.

 The basic principle of industrial legislation is to ensure social justice to the workers . The object of legislation is the equitable distribution of profits and benefits accruing from industry between industrialists and workers. Affording protection to the workers against harmful affects to their health safety and morality. Labour organizations are relatively weak and in most of the cases, they depend merely on the mercy of the employers. Individual worker is economically very weak and is unable to bargain his terms with the employers.

 Now the prior payment of wages layoff, dismissal, retrenchments etc , are all governed by legislation. The economic in security of the workers is removed to a great extent. Occupational Act, Employees State Insurance Act, certain benefits have been statutorily given to workers which the employees otherwise may not get from their employers. In any factories, there important working conditions on account of which the employees health and safety is always in danger. The factories Act contains a number of provisions relating to health safety and welfare of workers. Special provisions have been made for the women.

The main objectives for various labour laws areas follows: To protect the workers from profit seeking exploiters. To promote cordial industrial relations between employers and employees. To preserve the health safety and welfare of workers. To product the interests of women and children working in the factories.

There are four principles on which the labour legislation is based viz Social Justice The concept of social justice refers to providing justice to everyone in the society so that the poor are not exploited by the rich. Economic Justice

 National economy Labour legislation ensures industrial peace and helps in the industrialization of the country. The Directive principles of the constitution contain the idea of welfare state to look after the interest of workers who are the weakest section of the society and satisfy their physical needs with the increase in productivity. The benefits are shared with the workers, resulting in their prosperity. International conventions International labour organizations aims at securing the minimum standard of living for the workers throughout the world.

 Employees State Insurance Act,1948 The Industrial Disputes Act,1947; The Factories Act, 1948; The Mumbai Labour Welfare Fund Act,1953; Payment of Bonus Act,1965: The Contract Labour (Regulation and Abolition) Act, 1970; The Trade Unions Act, 1926;

The Workmens Compensation Act, 1923;

The Employees Provident Funds and Miscellaneous Provisions
Act, 1952.

 Applicability All factories excluding seasonal factories employing 10 or more persons and working with electric power. Any establishment which the Government may specifically notify as being covered. Eligibility Any person employed for wages (up to Rs. 6,500) in or in connection with the work of a factory or establishment end. Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory. Benefits Free medical treatment is offered to covered employees at hospital and dispensaries run by the ESI Corporation. Death during course of employment entitles specified dependents to a regular payment.

 Applicability Every establishment which is a factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed. Any other establishment employing 20 or more persons which Central Government may, by notification, specify in this behalf. Eligibility Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. Benefits Employees covered enjoy a benefit of Social Security in the form of an unattachable, unwithdrawable This sum is payable normally on retirement or death. Other Benefits include Employes Pension Scheme and Employees Deposit Linked insurance Fund.

 Applicability Every factory (as def. in Factories Act), & (b) Every other establishment in which 20 or more persons (less than 20 but 10 or more if appropriate Govt. notifies) are employed on any day subject to certain exemptions. Employees' drawing remuneration of Rs. 3,500/- or more and those who have worked for less than 30 days are not eligible to receive bonus under the Act. Bonus to be paid within eight months from the expiry of the accounting year. Eligibility Every person (other than an apprentice) drawing salary up to RS 3,500 per month. Every person drawing salary between RS 2,501/- and RS 3,500/- per month. The bonus payable to him is to be calculated as if his salary were RS 2,500/p.m. Benefits Minimum bonus shall be 8.33% of salary/wages earned or RS 100 whichever is higher. Penal Provisions

 Applicability Employer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent or let on hire to another person, then means such other person. Eligibility Any workman who is injured by accident arising out of and in the course of his employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation. Benefits: Amount of compensation shall be payable by the employer Where death results from injury 40% of monthly wages x relevant factor or Rs. 20,000/- whichever is more. Where permanent total disablement results from the injury 50% of monthly wages x relevant factor or Rs. 24,000/- whichever is more (relevant factor depends upon the age of a workman). Where permanent, partial disablement or temporary disablement results from injury as per prescribed schedule.

 Applicability Every person employed in any factory, upon any railway or through subcontractor in a railway and a person employed in an industrial or other establishment. The State Government may by notification extend the provisions to any class of person employed in any establishment or class of establishments. Eligibility Every person who is employed in any of the above mentioned establishments and who is drawing less than Rs. 1,600 per month. Benefits The regular and timely payment of wages (on or before 7th day or 10th day after last day of the wage period in respect of which the wages are payable) Preventing unauthorised deductions being made from wages and arbitrary fines.

Penal Provisions
Penalties are from Rs. 200-1000. Repeat offenses attract 1 to 6 months imprisonment and fine from Rs. 500-3000. Delay wage payments attract penalty of Rs. 100 per day of delay.

 Applicability Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway. Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end. Any establishment employing 10 or more persons as may be notified by the Central Government. Once Act applies, it continues to apply even if employment strength falls below 10. Eligibility Any person employed on wages/salary. At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years, In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service. Benefits The quantum of gratuity is to be computed at the rate of 15 days wages (7 days wages in case of seasonal establishments) based on rate of wages last drawn

 Human Resource Management by Biswajeet Pattanayak http://planningcommission.nic.in/aboutus/committee/wrkg rp11/wg11_rplabr.pdf http://www.on-lyne.com/HR/legal.htm http://www.labourguide.co.za/conditions-ofemployment/labour-law-manual-883