Labour and Employment Laws in India

LABOUR & EMPLOYMENT LAWS IN INDIA

A QUICK LISTS OF THE CENTRAL LABOUR LAWS

The term ‘labour’ means productive work especially physical work done for wages.

Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In other words, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally, labour law covers:

Industrial relations – certification of unions, labour-management relations, collective bargaining and unfair labour practices;
Workplace health and safety;
Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay.

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees’ rights at work and through the contract for work.

.Constitutional save guards regarding to labour laws

The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter III (Articles 16, 19, 23 & 24) and 7 Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. Labour is a concurrent subject in the Constitution of India implying that both the Union and the state governments are competent to legislate on labour matters and administer the same.

Directive Principles of Constitution( Artcle 51A) provide: a. for securing the health and strength of employees, men and women; b. that the tender age of children are not abused; c. that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; d. just and humane conditions of work and maternity relief are provided; and e. that the Government shall take steps, by suitable legislation or in any other way, to secure the participation of employee in the management of undertakings, establishments or other organisations engaged in any industry.

The Labour legislation can be categorized as follows:

1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement.

1. The Employees’ State Insurance Act, 1948 2. The Employees’ Provident Fund and Miscellaneous Provisions Act,1952 3. The Dock Workers (Safety, Health and Welfare) Act, 1986 4. The Mines Act, 1952 5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976 6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976 7. The Mica Mines Labour Welfare Fund Act, 1946 8. The Beedi Workers Welfare Cess Act, 1976 9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 10. The Cine Workers Welfare (Cess) Act, 1981 11. The Beedi Workers Welfare Fund Act, 1976 12. The Cine Workers Welfare Fund Act, 1981

2) Labour laws enacted by the Central Government and enforced both by Central and State Governments.

13. The Child Labour (Prohibition and Regulation) Act, 1986. 14. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996. 15. The Contract Labour (Regulation and Abolition) Act, 1970. 16. The Equal Remuneration Act, 1976. 17. The Industrial Disputes Act, 1947.

18. The Industrial Employment (Standing Orders) Act, 1946. 19. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 20. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 21. The Maternity Benefit Act, 1961 22. The Minimum Wages Act, 1948 23. The Payment of Bonus Act, 1965 24. The Payment of Gratuity Act, 1972 25. The Payment of Wages Act, 1936 26. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 27. The Building and Other Construction Workers Cess Act, 1996 28. The Apprentices Act, 1961 29. Unorganized Workers Social Security Act, 2008 30. Working Journalists (Fixation of Rates of Wages Act, 1958 31. Merchant Shipping Act, 1958 32. Sales Promotion Employees Act, 1976 33. Dangerous Machines (Regulation) Act, 1983 34. Dock Workers (Regulation of Employment) Act, 1948 35. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 36. Private Security Agencies (Regulation) Act, 2005

3) Labour laws enacted by the Central Government and enforced by the State Governments.

37. The Employers’ Liability Act, 1938 38. The Factories Act, 1948 39. The Motor Transport Workers Act, 1961 40. The Personal Injuries (Compensation Insurance) Act, 1963 41. The Personal Injuries (Emergency Provisions) Act, 1962 42. The Plantation Labour Act, 1951 43. The Sales Promotion Employees (Conditions of Service) Act, 1976 44. The Trade Unions Act, 1926 45. The Weekly Holidays Act, 1942

46. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 47. The Workmen’s Compensation Act, 1923 48. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 49. The Children (Pledging of Labour) Act 1938 50. The Bonded Labour System (Abolition) Act, 1976 51. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

4) Labour laws enacted and enforced by the various State Governments which apply to respective States.

ANOTHER CLASSIFICATION OF INDIAN LABOUR LAWS

I. Laws related to Industrial Relations such as :

1. Trade Unions Act, 1926 2. Industrial Employment Standing Order Act, 1946. 3. Industrial Disputes Act, 1947.

II. Laws related to Wages such as 4. Payment of Wages Act, 1936 5. Minimum Wages Act, 1948 6. Payment of Bonus Act, 1965. 7. Working Journalists (Fixation of Rates of Wages Act, 1958

III. Laws related to Working Hours, Conditions of Service and Employment such as: 8. Factories Act, 1948. 9. Plantation Labour Act, 1951. 10. Mines Act, 1952. 11. Working Journalists and Other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955. 12. Merchant Shipping Act, 1958. 13. Motor Transport Workers Act, 1961. 28 14. Beedi & Cigar Workers (Conditions of Employment) Act, 1966. 15. Contract Labour (Regulation & Abolition) Act, 1970. 16. Sales Promotion Employees Act, 1976. 17. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 18. Dock Workers (Safety, Health & Welfare) Act, 1986. 19. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996. 20. Building and Other Construction Workers Welfare Cess Act, 1996 21. Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 22. Dangerous Machines (Regulation) Act, 1983 23. Dock Workers (Regulation of Employment) Act, 1948 24. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 25. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 26. Industrial Employment (Standing Orders) Act, 1946 27. Mines and Mineral (Development and Regulation Act, 1957 28. Plantation Labour Act, 1951 29. Private Security Agencies (Regulation) Act, 2005 IV. Laws related to Equality and Empowerment of Women such as: 30. Maternity Benefit Act, 1961 31. Equal Remuneration Act, 1976. V. Laws related to Deprived and Disadvantaged Sections of the Society such as: 32. Bonded Labour System (Abolition) Act, 1976 33. Child Labour (Prohibition & Regulation) Act, 1986 34. Children (Pledging of Labour) Act, 1933

VI. Laws related to Social Security such as: 35. Workmen’s Compensation Act, 1923. 36. Employees’ State Insurance Act, 1948. 37. Employees’ Provident Fund & Miscellaneous Provisions Act, 1952. 38. Payment of Gratuity Act, 1972. 39. Employers’ Liability Act, 1938 40. Beedi Workers Welfare Cess Act, 1976 41. Beedi Workers Welfare Fund Act, 1976 42. Cine Workers Welfare Cess Act, 1981 43. Cine Workers Welfare Fund Act, 1981 44. Fatal Accidents Act, 1855 45. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 46. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976 47. Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 48. Mica Mines Labour Welfare Fund Act, 1946 29 49. Personal Injuries (Compensation Insurance) Act, 1963 50. Personal Injuries (Emergency Provisions) Act, 1962 51. Unorganised Workers’ Social Security Act, 2008