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LEGISLATIONS
Introduction
-
Labour
means
Productive
Work,
especially, physical work done for wages.
INTRODUCTION
- Labour Legislations covers different
aspects
1. Industrial Relations - Certification
of Unions,
Labour Management
Relations, Collective
Bargaining
and Unfair Trade Practice.
2. Workplace
health
and
safety,
conditions of work, trade unions
3. Employment
Standards
includes
general holidays,
annual leaves,
working hours, unfair dismissals,
INTRODUCTION
- Two broad categories of Labour Laws:(1)
Collective Labour Laws which is
related to the tripartite relationship
between employee, employer and
union.
(2)
Individual Labour Laws which is
related to employees rights at work
- The Labour Legislations have also
been shaped and influenced by the
INTRODUCTION
-
INTRODUCTION
- The prevailing social and economic
conditions
have
been
largely
influential in shaping the Indian
Labour Legislation which regulates
various aspects of work such as.
- the number of hours of work
- social security and
- facilities provided
INTRODUCTION
-
INTRODUCTION
- The labour laws have
influenced by the
also
been
Introduction
-
Introduction
-
Introduction
-
International
delegates
proposed
three additional clauses, which were
adopted.
1.one or more days for weekly rests
2.equality of laws for foreign workers
3.regular and frequent inspection of
factory
condition.
Introduction
-
Purpose of Labour
Legislations
meet out economic and social
- To
challenges of the modern world.
- Interaction of employers, workers and
their representatives for work related
issues
- Achieving
harmonious
industrial
relations
based
on
workplace
democracy.
- For implementing principles and rights
But experience shows that labour
legislation can only fulfills these
functions effectively, if it is responsive
Purpose of Labour
Legislations
Legislations can be categorized as follows:
1. Labour Laws enacted by the Central
Government,
where
the
Central
Government has sole responsibility for
enforcement.
2. Labour Laws enacted by the Central
Government and enforce by Central and
State Government
3. Labour Laws enacted by the Central
Government but enforce by the State
Government.
Labour Legislations
PRINCIPLES OF LABOUR LEGISLATIONS
1. Social Justice
2. Social Equality
3. International Uniformity
4. National Economy
Social Justice
- Social justice means an equitable
distribution of profits and benefits
accruing
from
Industry
between
Industrialists
and
Workers
and
affording
protection
to
workers
against harmful effects to their health,
safety and morality
Social Equality
- Legislation based on social justice
fixes a definite standard for the future,
taking into consideration the events
and circumstances of the past and the
present.
- Once a standard is laid down, it
remains in force until it is again
changed or amended by legislation.
International Uniformity
- It is necessary that labour laws should
be internationally uniform.
- An important role has been played by
the ILO in this direction.
National Economy
- In enacting labour legislation,
general economic situation of
country has to be borne in mind.
the
the
TYPES OF LABOUR
LEGISLATIONS
Type of Legislations
The different laws can be broadly classified
as follows:
1. Laws related to industrial relations
- Trade Union Act,1926
- Industrial
Employment
(Standing
Order) Act,1946
- Industrial Dispute Act,1947
2. Laws related to Wages
- Payment of Wages Act,1936
- Minimum Wages Act,1948
- Payment of Bonus Act,1965
Type of Legislations
The different laws can be broadly
classified as follows:
3. Laws
related
to
working
hours,
conditions of service and employment
- The Factories Act,1948
- Plantation Labour Act,1951
- Mines Act,1952
- Working
Journalist
and
other
Newspaper
Employees (Condition
of Service and Misc.
Provisions)
Act,1955
- Merchant Shipping Act,1958
Type of Legislations
- Beedi and Cigar Workers (Conditions
of Employment) Act,1966
- Contract
Labour
(Regulation
and
Abolition) Act,1970
- Dock Workers (Health and Safety)
Act,1986
- Building
and
Other
Construction
Workers (Regulation of Employment
and Condition of Services) Act,1996
- Cine Workers and Cinema Theatre
Workers (Regulation of Employment)
Act,1981
Type of Legislations
3. Laws
related
to
Equality
Empowerment of Women
- Maternity Benefit Act,1961
- Equal Remuneration Act,1976
and
Type of Legislations
4. Laws
related
to
deprived
and
disadvantaged sections of the society;
- Bonded Labour System (Abolition)
Act,1976
- Child
Labour
(Prohibition
and
Regulation)
Act,1986
- Children
(Pledging
of
Labour)
Act,1933
- The
Employment
of
Children
Act,1938
Type of Legislations
4. Laws related to social security
- Workmens Compensation Act,1923
- Employees State Insurance Act,1948
- Employees Provident Fund and Misc.
Provisions Act,1952
- Payment of Gratuity Act,1972
- Employees Liability Act,1938
- Fatal Accidents Act,1855
- Personal
Injuries
(Compensation
Insurance) Act,1963
- Personal
Injuries
(Emergency
Provisions) Act, 1962
CONSTITUTION OF
INDIA AND LABOUR
LEGISLATION
Living
for
just
work
and
and
Wage
etc.
for
Provision
Government
tenure
of
Constitution of India
- In 1922, Mahatma Gandhi had put
forward the demand that Indias
political destiny should be determined
by the Indians themselves.
- The demand for Constitution for the
country being framed by its own
people without outside interference
was first made by the Indian National
Congress in 1934 and repeated several
times between 1935 and 1938.
- In 1938, Jawaharlal Nehru formulated
Constitution of India
-
Constitution of India
- But the Constitution came into force
on 26th January,1950.
- The present Constitution consists of
.
1. The Preamble
2. Parts I to XII covering Articles 1 to
395.
3. Schedules 1 to 12 and
4. An Appendix
Constitution of India
- Indian Constitution is the most lengthy
and detailed constitution of the world
which is consisted of 442 Articles, 26
Parts and 12 Schedules.
- The original Constitution contained
395 Articles and 8 Schedules.
- The Indian Constitution is based on
the Government of India Act,1935
which
was
also
an
extensive
documents having 321 Sections and 10
Schedules.
Right to equality
Right to particular freedom
Cultural and Educational Right
Right to freedom of Religion
Right against Exploitation
Right to Constitutional Remedies
Right to Equality
- The State shall not discriminate
against any citizen on grounds only of
religion, race, caste, sex, place of birth
or any of them.
- There shall be equality of opportunity
for all citizens in matters relating to
employment or appointment to any
office under the State. No citizen shall,
on grounds only of religion, race,
caste, sex, descent, place of birth,
residence or
any of them, be
ineligible for, or discriminated
- All
on
religion or language, shall have the
right to establish and administer
educational
institutions
of
their
choice.
- The State shall not, in granting aid to
educational institutions, discriminate
against any educational institution on
the ground that it is under the
management of a minority, whether
based on religion or language.
Right to Constitutional
Remedies
The right to constitutional remedies allows
Right to Constitutional
Remedies
ARTICLE 33
Power of Parliament to modify the rights
conferred by this Part in their application to
Forces, etc.Parliament may, by law, determine to what
extent any of the rights conferred by this
Part shall, in their application to:
(a) The members of the Armed Forces; or
(b)The members of the Forces charged with
the maintenance of public order; or
(c)Persons employed in any bureau or other
organization established by the State for
purposes
of
intelligence
or
counter
intelligence; or
(d)Persons employed in, or in connection
Right to Constitutional
Remedies
ARTICLE 34
Restriction on rights conferred by this Part
while martial law is in force in any area.
ARTICLE 35
(a)Parliament
shall
have,
Legislature of a State
shall
power
to
make
and
the
not have,
laws-
Fundamental Duties
There
are
10
fundamental
duties
incorporated in Article 51A (Part IV A)
inserted
by
the
42nd
Amendment
Act,1976.
It shall be the duty of every citizen of
India
1.To abide by the constitution
respect the National Flag and
National Anthem.
and
the
Fundamental Duties
3. To protect the sovereignty, unity and
integrity of India,
4. To defend the country
5. To promote the spirit of common
brotherhood amongst all the people of
India
6. To preserve the rich heritage of our
composite culture
7. To protect and improve the natural
environment
8. To develop the scientific temper and
spirit of inquiry
9. To safeguard public property
10.To strive towards excellence in all
Constitution of India
- The relevance of the dignity of human
labor and the need for protecting and
safeguarding the interest of labour as
human being preserved in Chapter III
(Article 16, 19, 23 and 24) & Chapter
IV (Article 39, 41, 42, 43, 43A & 54) of
the Constitution of India.
- Labour is a concurrent subject in the
Constitution of India implying that
both the Union and the State
Governments
are
competent
to
legislate on labor matters.
Constitution of India
- The Constitution of India provides
detailed provisions for the rights of
the citizens and also lays down the
Directive Principles of State Policy.
- The Directive Principles of State Policy
provides:
1. for securing the health and strength
of
employees, men and women,
2. that the tender age of children are
not abused;
Constitution of India
4. That the government shall take
steps, by suitable
legislation, to
secure the participation of
employee
in the management of undertaking,
establishment or other organizations
engaged in
any industry.
Rights of Citizen
-Right to humane conditions of work and
maternity benefit.
-Right to a living wage and conditions of
work ensuring decent standard of life for
workers.
-Right of workers to participate in
management of industries
-Right of children to free and compulsory
education.