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Monday 2 May 2011

Classification of labor law in a look

  
Sl.
Area of classification & Related Acts
Introduction & Objectives of Act



1
Laws relating to the conditions of workers in factory & establishments

General Laws

Objectives:
The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards.
For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety. 
Applicability:  
At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that:
·    The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or 
·    The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner. 

Objectives:
·    To have uniform standing orders in respect to workers, factories, and working relationship
·    To ensure that the terms and conditions of the employment are known to the employee and thus to minimise exploitation of the workers.
·    To promote industrial peace and harmony by promoting fair industrial practices.
Coverage:
The Act is applicable to all industrial establishments’ employing 100 or more workmen. [Section 1(3)].
Specific Laws
The Mines act, 1962
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The Plantation Labour Act, 1948
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Application of Act:
Unless otherwise expressly provided, the provisions of this Act which apply to-
·    any vessel which is registered in India; or
·    any vessel which is required by this Act to be so registered; or
·    any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be.
Working Journalists Newspaper Employees and miscellaneous Provisions Act, 1955
An Act to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments.
2
Laws relating to specific matters, namely: Wages, Social Security, Welfare, Housing, Leaves e. g.

The Payment of Wages Act, 1936
Objectives:
The payment of wages act, 1936 regulates the payment of wages to certain classes of persons employed in the industry. The scope of this act is limited to the persons drawing the earned wages for the month, which does not exceed Rupees one thousand six hundred. The department is enforcing this legislation to the persons employed at the registered factories.

Objectives:
It extends to the whole of India. To provide for fixing minimum rates of wages in certain employments
Applicability:
·    The minimum wages act 1948 is applicable to various schedule of employment which is notified by the appropriate government from time to time.
·    The act is applicable to all types of employees that is whether they are monthly rated, part-time employees, daily rated or piece rated employees, casual, temporary or permanent employees.

Objectives:
The ESI Act is a social welfare legislation enacted with the object of providing certain benefits to employees in case of sickness, maternity and employment injury. Under the Act, employees will receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers and compensation for fatal or other injuries and diseases.

Objectives: 
The objective of this Act is that in the case of an employment injury compensation be provided to the injured workman and in case of his death to his dependants.

The Employee Provident Fund Act, 1952
Objectives:
·    To provide substantial security & timely monetary assistance to employees & to their families
·    To protect them in old age, disablement & at the time of early death
Under the scheme, a member may withdraw the full amount standing to her/his credit in the fund in the event of:
1.   Retirement from service after attaining the age of 60 years
2.   Retirement on account of permanent & total incapacity
3.   Migration from India for permanent settlement abroad & the membership for this purpose is reckoned from time of joining the covered establishment till the date of the settlement of the claim

The Bounded Labour and System (Abolition) Act, 1976
Objective:
The object of the Act is to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto.
3
Law relating to Association of Workers

Objective:
The Trade Unions Act, 1926 provides for registration of trade unions (including association of employers) with a view to render lawful organisation of labour to enable collective bargaining. The Act also confers on a registered trade union certain protection and privileges.

Objective:
Investigation and settlement of industrial disputes. However, it makes other provisions in respect of lay off, retrenchment, closure etc. The purpose is to bring the conflicts between employer and employees to an amicable settlement.
The Act provides machinery for settlement of disputes, if dispute cannot be solved through collective bargaining.
4
Law relating to Social Insurance

Objectives: 
The objective of this Act is that in the case of an employment injury compensation be provided to the injured workman and in case of his death to his dependants.

Objective:
An act to regulate the employment of women in certain establishment for certain period before and after child birth and to provide for maternity benefit and certain other benefits.

Objectives:
The ESI Act is a social welfare legislation enacted with the object of providing certain benefits to employees in case of sickness, maternity and employment injury. Under the Act, employees will receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers and compensation for fatal or other injuries and diseases.

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