|
  



 |
 |

i


÷
 
 
÷ 

  !
"In the animal kingdom, the rule is, eat or be eaten;
in the human kingdom, define or be defined."
V"÷#"#
 $%V %V÷
Î &"
'"(" )

Î *
" +

Î ,-" +

Î V
. !

Î / ,-" !

Î /* ""/
0"" 
ë India¶s Labour Policy is mainly based on Labour Laws.

ë India¶s labour force is estimated to be approximately 375 million

in 2002 and is expected to increase by 7 to 8.5 million per year
in the first decade of this century and will increase by a total of
about 160-170 million by 2020, i.e., 2.0 percent per annum.

ë In the context of preparation of the 11th Five Year Plan (2007-

2012), the Planning Commission set up a Working Group on
Labour Laws and Other Labour Regulations under the
Chairmanship of Secretary, Ministry of Labour & Employment,
Government of India.
ë Vhe Labour Laws were also influenced by important human
rights and the conventions and standards that have emerged
from the United Nations.

ë Vhese include right to work of one¶s choice, right against

discrimination, prohibition of child labour, just and humane
conditions of work, social security, protection of wages,
redress of grievances, right to organize and form trade unions,
collective bargaining and participation in management.

ë Our labour laws have also been significantly influenced by the

deliberations of the various Sessions of the Indian Labour
Conference and the International Labour Conference.
ë Under the Constitution of India, Labour is a subject in the
concurrent list where both the Central and State Governments
are competent to enact legislations.
ë As a result , a large number of labour laws have been enacted
like occupational health, safety, employment, training of
apprentices, fixation, review and revision of minimum wages,
mode of payment of wages, payment of compensation to
workmen who suffer injuries as a result of accidents or
causing death or disablement.
ë Bonded labour, contract labour, women labour and child
labour, resolution and adjudication of industrial disputes,
provident fund, employees¶ state insurance, gratuity, payment
of bonus, regulating the working conditions of categories of
workmen such, beedi workers etc.
a 
  



 




 Vhis act was enacted to with a purpose to resolve the disputes
between employer and employee arising out of strikes, lockouts,
layoffs or retrenchment within the industry.

Under this act a judicial machinery was created to look after the
disputes related to industries.

ë O
  m oint Committee with equal number of

employers and employees¶ representatives for discussion of
certain common problems. 

ë 
 mis an attempt by a third party in helping to settle
the disputes 

ë „
 
 m Labour Court, Industrial Vribunal or National
Vribunal to hear and decide the dispute. 
„  
ë  
 
m Labour Court/Industrial Vribunal can Modify
the punishment of dismissal or discharge of workmen and give
appropriate relief including reinstatement. 
„



 „   „



  


  
 

J
|
  
 
    


 

 
  






 
!!"
##|
$ %$
&'  (
)*+

 

 
 


 
 
  
     
  

 
  



)  ,  -  #    ' . 
##&/+ !!"  $01 &'   )*+

O 
     
 !" # 
 $ 

 
#




   #

  


 2    * (
.       
#(* '  ( .  !!0 ##| 1! &'  (
)*+


  


 

  
'| 3
   '   . ' !!0
##| % &'   )*+
„ 
  
 
 

 
 
      
 
  
   %&
 
 '
*  ,  .   |4    & 5
| +     &,6 + 7  8 *4 &+
# !!0 ##| %!9 &  )*+


 


    
 




    

     
    #   (
#
' ' 6           !!0
##| $ !/ &*  )*+
2
 

 



 „
# „


Any premises whereon 10 or more persons or 20 or more

workers working on any day preceding 12 months, wherein
Manufacturing process is being carried on. 
!%' come
under this act.

Vhe purpose to enact this act was to ensure Health, safety and
welfare of the employees.
 ë( 
 !"'
ë Cleanliness Disposal of wastes and effluents
ë Ventilation and temperature dust and fume
ë Overcrowding Artificial humidification Lighting
ë Drinking water
ë Spittoons

#)

ë Fencing of machinery
ë Work on near machinery in motion.
ë Employment prohibition of young persons on dangerous
machines.
ë Striking gear and devices
 O
)

ë Washing facilities
ë Facilities for storing and drying clothing
ë Facilities for sitting
ë First-aid appliances m one first aid box not less than one for
every 150 workers.
ë Canteens when there are 250 or more workers
ë Shelters, rest rooms and lunch rooms when there are 150 or
more workers.
ë Crèches when there are 30 or more women workers.
ë Welfare office when there are 500 or more workers.
 O
 $ë 
 
  
 
 „ 

Õ Weekly hours not more than 48. Daily hours, not more than 9
hours.
Õ Intervals for rest at least ½ hour on working for 5 hours.
Spread over not more than 10½ hours.
Õ Overlapping shifts prohibited. Extra wages for overtime
double than normal rate of wages.
Õ Restrictions on employment of women before 6AM and
beyond 7 PM. 
** *+*,+"
 

 „   -

„

.   

   
 
  !  
  
  $
  
 $  # %
 '  


/ # 0 
 
      

 
 „
 % 
0,0„'
7 *4              !!0
&$ :+ 7#| /"! &2 )*+

 
   $


  






  

   
  

 

    

  
),
 

 



; 6 


'  !!0

##|
$$0"
&
; 6 
)*+
› 

 




Vhe purpose to enact this act was to fix the minimum wages for
the workers so as to prevent the exploitation of the workers.

Some Acts under this :

)  
 
$
 




 
 
  1 )  O$
Vime work ,Piece work at piece rate for the purpose of
securing to such employees on a time work basis 
 
 

Vo be fixed by the hour, by the day or by such a longer wage
period works on any day in excess of the number of hours
constituting normal working day
 

 „   ) O$„

O  $       $ 

   
    2 #

 
'( 
#

 

&,+
!!"

##;
9:!

&8
)*+

   
  

  

 $
'
#

,2
&|+

' 
#(
*  


 
!!0
##|
$!!
&2(
.
)

)*+

„
 
)3„
 

 #
* . „

 6



!!0
##|
%/$
& 
)*+
i



 




ë Vhe basic purpose to enact this act was to define a set
structure for the payment of wages to the employees.

Some Acts under this :

Vime of payment of wages

ë Vhe wages of every person employed be paid.
ë When less than 1000 persons are employed shall be paid
before the expiry of the 7th day of the following month.
ë When more than 1000 workers, before the expiry of the 10th
day of the following month.

Wages to be paid in current coins or currency notes

 

 „   4#  O$
„


O 




 ##  O$„

 
 

#
 1
 *5ë

ë$ 
 

  #
  ,"

 
 
 
$  


) 


'

|
-4
*4 

)
(

 
!!"
##|
$ 9"
&' 


)*+
##;

!!0

:/

*/ #  # #  $ 

  
4O„
 2

 
 

 






 
!!0
##|
9!1
&'  (
)*+
V 
  
 



Vhe basic purpose to enact this act was to set norms for making
and working of trade unions in a harmonious manner.

A trade union is an association either of employees or employers

or of independent workers.

It emphasis joint, coordinated action and collective bargaining.

Vhe main objective of any trade union is to protect interest of

workers/employees in the organization.
 Some acts under this
|$
  
  6 

Any  or more members of a trade union may, by subscribing

their names to the rules of the trade union and its compliance.
Vhere should be at least "5 or "" of the work-men,
whichever is less, engaged or employed in the establishment
or industry with which it is connected.

 
$


If the certificate has been obtained by fraud or mistake or it has

ceased to exist or has willfully contravened any provision of
this Act.
If it ceases to have the requisite number of membersJ
 

 „   /
 6  „

.
   


 /
 6  
 7

 $  ë$ 

$



  
.





.
'
!!0

*#|

$1%
&,
)*+

/
   
$



 

  
$
 
 

" /6„

|
8<=


54 

 
- 


 
.

!!0

*#|
$!9:
&(

)*+

)
 /
 6  

 
 
# 
 „  
7
,
#


54 
<
 
.
 
!!0

##|
%00
&(

)*+
Yi2 › 

 i   

  



 „
#
Every establishment which is 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.

Any establishment employing even less than 20 persons can be

covered voluntarily u/s 1(4) of the Act.
 4#   


Vhe employer shall pay the contribution payable to the EPF,

DLI and Employees¶ Pension Fund in respect of the member
of the Employees¶ Pension Fund employed by him directly by
or through a contractor.

It shall be the responsibility of the principal employer to pay

the contributions payable to the EPF, DLI and Employees¶
Pension Fund by himself in respect of the employees directly
employed by him and also in respect of the employees directly
employed by him and also in respect of the employees
employed by or through a contractor.
 

 „  
.4- „
 
   #    
 


    
3  6 -   '    7
*      '  !!0 ##| $$09 & ,
)*+

|

#  4-          1
# 
 
 
| 3 7 # |26  54 
<   7
   |26  ' !!0 ##| $ :" & 2 )*+
. #
  
# 
 
 

  
1  $
 $  
.4- „

,  , 3   6   
*             
 ,  

#( 3 8 .  !!0 ##| %% & (
)*+

O  
 

  
  


 #


 #
4-

 
| 
 
7
*  
; 4 


5


 
& +
#
.

!!0
##|
$0/
&

* )*+