Monday 2 April 2012

Indian labour law refers to laws regulating employment in India


Indian labour law refers to laws regulating employment in India. There over fifty national laws and many more state-level laws.
Traditionally Indian governments at federal and state level have sought to ensure a high degree of protection for workers. So for instance, a permanent worker can be terminated only for proven misconduct or for habitual absence. In Uttam Nakate case, the Bombay High Court held that dismissing an employee for repeated sleeping on the factory floor was illegal - a decision which was overturned by the Supreme Court of India. Moreover, it took two decades to complete the legal process. In 2008, the World Bank has criticised the complexity, lack of modernisation and flexibility in Indian regulations. India can boast of a quarter of the world's workforce by 2025, provided the country harnesses the potential of its young and productive population. However, the demographic dividend would become a disaster if India does not radically overhaul the labour ecosystem to enhance the productivity of the growing workforce. If reforms are not initiated, it is expected that much of the country's demographic dividend would occur in states with backward labour market ecosystems. It also ranked that states on the basis of improvement in their labour ecosystems in terms of state efforts in various areas like education and training, infrastructure, governance and the legal/regulatory structure.[4]
The Contract Labour Act (1970) prohibits companies from hiring temporary workers. Women are not permitted to work night shifts.
Minimum Wages Act 1948
Weekly Holidays Act 1942
Beedi and Cigar Workers Act 1966
The Payment of Wages Act, 1936
The Workmen’s Compensation Act, 1923
The Factories Act, 1948
Many observers have argued that India's labour laws should be reformed. The laws have constrained the growth of the formal manufacturing sector.[  According to a World Bank report in 2008, heavy reform would be desirable. The executive summary stated,
India’s labor regulations - among the most restrictive and complex in the world - have constrained the growth of the formal manufacturing sector where these laws have their widest application. Better designed labor regulations can attract more labor- intensive investment and create jobs for India’s unemployed millions and those trapped in poor quality jobs. Given the country’s momentum of growth, the window of opportunity must not be lost for improving the job prospects for the 80 million new entrants who are expected to join the work force over the next decade.
Prime Minister Manmohan Singh has said that new labour laws are needed.
Laws related to Industrial Relations
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
The Industrial Disputes Act, 1947
Laws related to Wages
The Payment of Wages Act, 1936
                                  The Payment of Wages Rules, 1937
The Minimum Wages Act, 1948
                                  The Minimum Wages (Central) Rules, 1950
The Working Journalist (Fixation of Rates of Wages) Act, 1958
               Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
The Payment of Bonus Act, 1965
                                  The Payment of Bonus Rules, 1975
Laws related to Working Hours, Conditions of Services and Employment
The Factories Act, 1948
The Dock Workers (Regulation of Employment) Act, 1948
The Plantation Labour Act, 1951
The Mines Act, 1952
The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955
                       The Working Journalists and other Newspaper Employees’ (Conditions           of   Service and Misc. Provisions) Rules, 1957
The Merchant Shipping Act, 1958
The Motor Transport Workers Act, 1961
The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
The Contract Labour (Regulation & Abolition) Act, 1970
The Sales Promotion Employees (Conditions of Service) Act, 1976
The Sales Promotion Employees (Conditions of Service) Rules, 1976
 
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
The Shops and Establishments Act
The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
The Cine Workers’ Welfare Fund Act, 1981.  
The Dock Workers (Safety, Health & Welfare) Act, 1986
The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997
Laws related to Equality and Empowerment of Women
The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition & Regulation) Act, 1986
Laws related to Social Security
The Workmen’s Compensation Act, 1923
The Employees’ State Insurance Act, 1948
The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Payment of Gratuity Act, 1972
Laws related to Labour Welfare
Laws related to Employment & Training
Others
The Fatal Accidents Act, 1855
The War Injuries Ordinance Act, 1941
The Weekly Holiday Act, 1942
The National and Festival Holidays Act
The War Injuries (Compensation Insurance) Act, 1943
The Personal Injuries (Emergency) Provisions Act, 1962
The Personal Injuries (Compensation Insurance) Act, 1963
The Coal Mines (Conservation and Development) Act, 1974

The Public Liability Insurance Act, 1991

THE FACTORIES ACT, 1948
[Act No. 63 of 1948] As amended by the Factories (Amendment) Act, 1987    


.


  Sections                                            Title 


CHAPTER - I  Preliminary  


  1. Short title, extent and commencement 
  2. Interpretation
  3. References to time of day
  4. Power to declare different depertments to be separate
  5. Factories or two or more factories to be a single factory
  6. Power to exempt during public emergency
  7. Approval, licensing and registration of factories
    1. General duties of the occupier
    2. General duties of manufacturers etc., as regards articlesand substances for use in factoriesNotice by occcupier



CHAPTER - II  The Inspecting Staff                  


  1. Inspectors
  2. Powers of Inspectors
  3. Certifying Suregons   


CHAPTER - III  Health           


  1. Cleanliness
  2. Disposal of wastes and effluents
  3. Ventilation and temperature
  4. Dust and fume
  5. Artificial humidification
  6. Over-crowding
  7. Lighting
  8. Drinking water
  9. Latrines and urinals
  10. Spittoons
   


CHAPTER - IV  Safety            


  1. Fencing of machinery
  2. Work on or near machinery in motion
  3. Employment of young persons on dangerous machines
  4. Striking gear and devices for cutting off power 
  5. Self-acting machines
  6. Casing of new machinery 
  7. Prohibition of employment of women and children near cotton-openers
  8. Hoists and lifts
  9. Lifting machines, chains, ropes and lifting tackles
  10. Revolving machinery
  11. Pressure Plant
  12. Floors, stairs and means of access
  13. Pits, sumps, openings in floors, etc
  14. Excessive weights
  15. Protection of eyes
  16. Precautions against dangerous fumes, gases, etc
    1. Precautions regarding the use of portable electric light
  17. Explosive or inflammable dust, gas, etc
  18. Precautions in case of fire
  19. Power to require specifications of defective parts or tests
  20. Safety of buildings and machinery
    1. Maintenance of buildings
    2. Safety officers
  1. Power to make rules to supplement this Chapterof stability
   


CHAPTER - IVA  Provisions relating to Hazardous processes          


    41a.Constitution of Site Appraisal Committees    
    41b.Compulsory disclosure of information by the occupier    
    41c.Specific responsibility of the occupier in relation to hazardousprocesses    
    41d.Power of Central Governments to appoint Inquiry Committee    
    41e.Emergency standards     
    41f. Permissible limits of exposure of chemical and toxic substances    
    41g.Worker's participation in safety management     
    41h.Right of workers to warn about imminent danger 




CHAPTER - V  Welfare      


  1. Washing facilities
  2. Facilities for storing and drying clothing
  3. Facilities for sitting 
  4. First-aid appliances
  5. Canteens
  6. Shelters, rest-rooms and lunch-rooms
  7. Creches
  8. Welfare Officers
  9. Power to make rules to supplement this Chapter    
             


CHAPTER - VI  Working hours of adults


  1. Weekly hours
  2. Weekly holidys
  3. Compensator holidays
  4. Daily hours
  5. Intervals for rest
  6. Spread-over
  7. Night shifts
  8. Prohibition of overlapping shifts
  9. Extra wages for overtime
  10. Restriction on double employment
  11. Notice of periods of work for adults
  12. Register of adult workers
  13. Hours of work to correspond with notice under section 61 andregister under section 62
  14. Power to make exempting rule
  15. Power to make exempting orders
  16. Further restrictions on employment of women      
                  
       


CHAPTER - VII  Employment of young persons   


  1. Prohibition of employment of young children
  2. Non-adult workers to carry tokens
  3. Certificate of fitness
  4. Effect of certificate of fitness granted to adolescent 
  5. Working hours for children
  6. Notice of periods of work for children
  7. Register of child workers
  8. Hours of work to correspond with notice under section 72and register under section 73
  9. Power to require medical examination
  10. Power to make rules
  11. Certain other provisions of law not barred    
             


CHAPTER - VIII  Annual leave with wages    


  1. Application of Chapter
  2. Annual leave with wages
  3. Wages during leave period
  4. Payment in advance in certain cases
  5. Mode of recovery of unpaid wages
  6. Power to make rules
  7. Power to exempt factories
             


CHAPTER IX  Special Provisions


  1. Power to apply the Act to certain premises
  2. Power to exempt public institutions
  3. Dangerous operations
    1. Power to prohibit employment on account of serious hazard
  4. Notice of certain accident
    1. Notice of certain dangerous occurences
  5. Notice of certain diseases
  6. Power to direct inquiry into cases of accident or disease
  7. Power to take samples
    1. Safety and occupational health surveys
           


CHAPTER - X  Penalties and procedure   


  1. General penalty for offences
  2. Liablility of owner of premises in certain circumstances
  3. Enhanced penalty after previous conviction
  4. Penalty for obstructing Inspector
  5. Penalty for wrongfully disclosing results of analysis undersection 91
    1. Penalty for contravention of the provisions of sections 41B, 41Cand 41H
  6. Offences by workers
  7. Penalty for using false certificate of fitness
  8. Penalty for permitting double employment of child 
  9. Omitted by the Factories (Amendment) Act, 1987
  10. Exemption of occupier or manager from liability in certain cases
  11.  Power of Court to make orders
  12.  Presumption as to employment
  13.  Onus as to age
    1. Onus of proving limits of what practicable, etc
  14.   Cognizance of offences
  15. Limitation of prosecution
    1. Jurisdiction of a Court for entertaining proceedings, etc.for offence
          
          


  CHAPTER - XI  Supplemental   


  1. Appeals
  2. Display of notices
  3. Service of notices
  4. Returns
  5.  Obligation of workers
    1. Right of workers, etc.  
  6. General Power to make rules
  7. Powers of Centre to give Directions
  8. No charge for facilities and conveniences
  9. Publication of rules
  10. Application of Act to Government factories
  11. Protection to persons acting under this Act
  12. Restriction on disclosure of information
    1. Restriction on disclosure of information   
  13. Act to have effect notwithstanding anything contained in Act 37of 1970
  14. Repeal and savings







No comments:

Post a Comment