Labour law is customarily known as \u2018the law of employment\u2019. Primarily labour policy in India is been progressing in response to specific needs of the situation to suit requirements of a planned economic development and social justice. And it has two-fold objectives, specifically maintaining industrial peace and promoting the welfare of the labour. Labour laws sheath three aspects.<\/p>\n\n\n\n
To legislate on the matters concerning labour laws both the\nCentral government and the State government are endowed with the power. With\nrespect to the entries mentioned in the Union List of Schedule VII of the\nConstitution the Central government has the power to legislate.<\/p>\n\n\n\n
On the other hand, with respect to the entries mentioned in\nthe Concurrent List of Schedule VII of the Constitution. Both the Central\nGovernment and State Governments have the legislation power.<\/p>\n\n\n\n
Trade unions, industrial and labour disputes, Social\nsecurity and social insurance, employment and unemployment, and Welfare of\nlabour including conditions of work, provident funds, employers\u2019 liability,\nworkmen\u2019s compensation, invalidity and old age pensions and maternity benefits.<\/p>\n\n\n\n
There are more than a hundred legislation dealing with labour law in India. Therefore, it\u2019s imperative to classify labour laws for the purpose of understanding them. Thus, basis of sanction and enforcement is one way of classifying it. While, the basis of the purpose and the objective of the legislation the other way of classifying.<\/p>\n\n\n\n
Dividing the legislation under broad categories is the other\nway of classification.<\/p>\n\n\n\n
To get an overview of the labour laws, we shall be dealing\nwith the latter type of classification.<\/p>\n\n\n\n
Laws dealing with Industrial relations<\/p>\n\n\n\n
This an important legislation which deals with the issues of industrial dispute, closure, lock-out, strike, retrenchment, lay-off, etc. Prior to this, the Trade Disputes Act, 1929 solved the industrial disputes. However, there were some immanent defects in the Act which was sought to be removed by enacting a fresh legislation i.e. the Industrial Disputes Act, 1947. Therefore, to get the industrial disputes resolved the Act provides for an elaborate mechanism. Moreover there are several authorities under the Act for the same which involves Conciliation officers, Labour Courts, Boards of Conciliation, Tribunals, and National Tribunals. We have discussed the main features of the Act in the subsequent points.<\/p>\n\n\n\n
Trade Unions are vital to the smooth functioning of the industry. The Trade Unions collectively assert the demands of the workmen and make it easy for the workmen to negotiate with the employer. This is commonly called \u2018collective bargaining\u2019. <\/p>\n\n\n\n
So, this Trade Unions Act, 1926 offers for the establishment of the Trade Unions and lays down provisions with respect to the registration of such Trade Unions and their rights & liabilities. No restrictions are placed on the objects which the Trade Unions can take up. Trade Unions which do not get registered are not governed by the provisions of the Act.<\/p>\n\n\n\n
*Laws dealing with remuneration- payment, deduction and\nrelated issues<\/strong><\/p>\n\n\n\n This Act came into existence against the great injustice scenery that was being done to the employees with respect to the payment of wages. Since there were many cases of abuse such as the wages were denied or delayed, arbitrary deductions were made, heavy fines were imposed and more often than not payment was done in kind rather than in cash.<\/p>\n\n\n\n Thus, the Act was sanctioned to regulate the payment of wages by certain regulations such as fixing responsibility for such payment, fixing wage-period, and time of payment of wages, etc. Also, it has provision for authorized deductions from the wages and levying of fines under certain circumstances. And in case of non-compliance of the provisions of the Act there are penalties for the employer.<\/p>\n\n\n\n The objective this act holds is to offer minimum wages to\nthe workers employed in the employments mentioned in the Schedule I of the Act.\nSuch as employment in any rice mill, flour mill or dal mill or employment in\nany tobacco manufactory, etc. Hence, the pertinent government is empowered\nunder the Act to fix minimum wages and revise them consistently. It also lays\ndown provision for overtime wages. Also, there are certain penalties under this\nAct too for non-compliance of the provisions by the employer.<\/p>\n\n\n\n Laws dealing with the social security of the employees<\/p>\n\n\n\n The Act aims at providing the compensation to workmen or\ntheir dependents in case of accidents arising out of or in the course of\nemployment. Such accidents may either result in death or disablement it can be permanent\/temporary\nof the workers. Also, it involves compensation for occupational diseases i.e.\nthe employment contracted diseases. Since the Act situates a detailed list of\nthe persons falling under the category of \u2018dependents\u2019 and the method to\ncalculate the compensation amount in different scenarios. Thus, the Act is a\ncomprehensive legislation dealing with all the surfaces of compensation and the\nrelated issues.<\/p>\n\n\n\n The Act situates provisions for benefits to employees such\nas: sickness benefit, funeral benefit, disablement benefit, medical benefit and\nmaternity benefits. While, out of all these, medical benefit is extended to the\nfamily members of the employee too. And the funeral benefit is paid to the\neldest surviving member of the family or in his absence, to any person who\nactually incurs the expenditure on the funeral. It is to be noted that all the\nbenefits under this Act are paid in cash. Also, the provides for the\nestablishment of Corporation, Committee, and Council etc. to implement the\nprovisions of the Act effectively.<\/p>\n\n\n\n Laws dealing with nature and conditions of service and\nemployment<\/p>\n\n\n\n The working conditions of the workers employed in factories are regulated by this Act. So, it situates provisions to ensure adequate safety measures are implemented in the factories for the health and welfare of its workers. Also, the Act outlines the general duties of the occupier for the same and the duties of the manufacturers, etc. who imports or supply any article in a factory for use. There are separate provisions dealing with working hours of adults, annual leave with wages, etc. However, it regulates the employment of women and children and prohibits the employment of children below fourteen years of age.<\/p>\n\n\n\n This is another important legislation which was sanctioned to resolve the friction between the employers and the workmen. While this Act requires the employer to formally define the conditions of employment under him. So, this Act involves a schedule which consists the list of the matters to be provided in standing orders. The employer is under an obligation to make the workmen familiar with the standing orders. Further, the Act also regulates the duration and modification of such orders.<\/p>\n\n\n\n Laws dealing with the issues of gender equality and women empowerment includes:<\/p>\n\n\n\n Equal pay for equal work has constitutional recognition as\ncontained in the Fundamental Rights and the Directive Principles of State\nPolicy. This Act situates for the payment of equal remuneration to both men and\nwomen for performing same work or work of similar nature. While, failing which\nthe employer is penalised. Thus, it prevents discrimination against women in\nthe matters of payment of remuneration.<\/p>\n\n\n\n There were different State Acts and three central Acts\ndealing with the provisions of maternity benefit, before this ACT sanctioned.\nThe Act was sanctioned to reduce the disparities in different laws and provide\nfor maternity protection to the women employed in all establishments except\nthose to which Employees\u2019 State Insurance Act, 1948 apply. The Act interdicts\nthe employer from employing women during certain periods and the right of such\nwomen to be paid the maternity benefit.<\/p>\n\n\n\n Laws dealing with the prohibition of social evils<\/p>\n\n\n\n The Act is in conformity with various articles of the\nConstitution. It distinguishes between \u2018adolescent\u2019 and \u2018children\u2019 and\nprohibits the engagement of children in all occupations. And also, the\nengagement of adolescents in hazardous occupations. Further, the Act also\nprovides for the regulation of conditions of work of adolescents in such\nemployment where they are allowed to work. These regulations are with respect\nto the holidays, working hours, health and safety. Moreover, the Act also situates\npenalties for not complying with the provisions of the Act.<\/p>\n\n\n\n This legislation came lately into existence and was sanctioned\nto incorporate the guidelines laid down by the Supreme Court. It provides for\nprotection of women against sexual harassment at workplace. There are\nprovisions in the Act which deals with the prevention and redressal of such\ncomplaints. This Act is in conformity with the spirit of Article 21 of the\nConstitution which comprises of the rights of a woman to dignity, liberty and\nlife.<\/p>\n\n\n\n Bonded Labour System (Abolition), Act, 1976, the Beedi and\nCigar Workers (Conditions of Employment) Act, 1966 are the other Acts which\nfall under this category.<\/p>\n\n\n\n Laws dealing with employment and training of the employees<\/p>\n\n\n\n The Industrial revolution\u2019s tide generated the need of\ntrained employees. Thus, the need for training apprentices. The Act is a complete\nlegislation dealing with the qualification of being engaged as an apprentice,\nobligations of apprentices, their working conditions, their payment and working\nhours, employer\u2019s liability, etc.<\/p>\n\n\n\n There are several labour laws dealing with different labour and industrial issues. The labour laws have been sanctioned with the objective of social and economic justice. They also personify the constitutional spirit comprised in various Articles.<\/p>\n\n\n\nPayment of Wages Act, 1936<\/strong><\/h5>\n\n\n\n
Minimum Wages Act, 1948<\/strong><\/h5>\n\n\n\n
Employee\u2019s Compensation Act, 1923<\/strong><\/h5>\n\n\n\n
Employees\u2019 State Insurance Act, 1948<\/strong><\/h5>\n\n\n\n
Factories Act, 1948<\/strong><\/h5>\n\n\n\n
The Industrial Employment (Standing Orders) Act, 1946<\/strong><\/h5>\n\n\n\n
Equal Remuneration Act, 1976<\/strong><\/h5>\n\n\n\n
Maternity Benefits Act,\n1961 <\/strong><\/h5>\n\n\n\n
Child Labour (Prohibition & Regulation) Act, 1986<\/strong><\/h5>\n\n\n\n
Sexual Harassment at the Workplace (Prevention,\nProhibition and Redressal) Act, 2013<\/strong><\/h5>\n\n\n\n
Apprentices Act, 1961<\/strong><\/h5>\n\n\n\n
Conclusion<\/strong><\/h3>\n\n\n\n