Indian labor law refers to the laws governing labor in India. Traditionally, the Indian government at the federal and state level has sought to ensure a high degree of protection for workers, but in practice, the form of government and because of the labor is the subject in the list alongside the Indian Constitution,
Video Indian labour law
History
Indian labor law is closely linked to India's independence movement, and a passive resistance campaign that leads to independence. While India was under colonial rule by the British Raj, labor rights, unions, and freedom of association were all suppressed. Workers looking for better conditions, and unions campaigning through strikes are often, and hard pressed. After independence was won in 1947, the Indian Constitution of 1950 planted a series of fundamental labor rights in the constitution, in particular the right to join and take action in unions, the principle of equality in the workplace, and the aspiration of creating living wages with decent working conditions.
- 1921 Buckingham and Carnatic Mills Strike
- 1926 Binny Mills Strike
- 1928 South Indian Railway Attack
- Meerut Conspiracy Case (1929)
- 1974 railroad strike in India
- Great Bombay Textile Strike in 1982
- Harthal in Kerala 2012
Maps Indian labour law
Constitutional rights
In the Constitution of India from 1950, articles 14-16, 19 (1) (c), 23-24, 38, and 41-43A are directly related to labor rights. Article 14 states that everyone must be equal before the law, article 15 specifically says that the state should not discriminate against citizens, and article 16 extends the right "equal opportunity" for employment or appointment under the state. Article 19 (1) (c) gives each person a special right "to establish an association or union". Article 23 prohibits all trade and forced labor, while Article 24 prohibits child labor under the age of 14 in a factory, mine or "other hazardous work".
However, Articles 38-39 and 41-43A, as all the rights contained in Section IV of the Constitution can not be enforced by the courts, rather than creating "the task of an aspirational state to apply these principles in the making of the law". The original justification for abandoning such principles can not be enforced by the courts is that democratically accountable institutions should be left to wisdom, given the demands they can create on the state for funding from general taxation, even though such views have become controversial. Article 38 (1) says that in general the state should "strive to improve the welfare of the people" with "social order in which justice, social, economic and political, should inform all institutions of national life." Article 38 (2) should "minimize inequality in income" and based on all other statuses Article 41 creates a "right to work", in which the 2005 National Rural Defense Assurance Act tries to practice it, requiring states to "establish provisions to ensure fair and equitable employment conditions and Article 43A, inserted by the Amendment of the Forty-two of the Constitution of India in 1976, creates a constitutional right to census the right to receive a living wage and " by requiring states to enact legislation to "guarantee p worker participation in business management ".
Contract and rights
Protection coverage
Indian labor law makes the difference between people who work in "organized" sectors and people who work in "unorganized sectors". This law lists the various industry sectors in which the various rights of workers apply. People who are not included in this sector, common contract law apply.
The Indian labor law underwent a major renewal in the Industrial Relations Disputes Act of 1947. Since then, an additional 45 national laws have developed or are in conflict with the 1948 acts, and 200 other state laws control the relationship between workers and companies. This law requires all aspects of employer-employee interaction, such as a company to keep 6 attendance logs, 10 different accounts for overtime pay, and submit 5 types of annual returns. The scope of labor law extends from regulating the urinal altitude in workers' toilets to how often the work space should be washed with lime. Inspectors can inspect the workspace at any time and declare penalties for violation of labor laws and regulations.
Work contract
Among the work contracts set out in India, the regulations involve significant government involvement that is rare in developed countries. The Standing Orders Act of 1946 requires employers to have provisions including working hours, leave, productivity targets, dismissal or worker classification procedures, approved by government agencies.
Working Contracts (Regulations and Eliminations) The 1970 law aims to regulate the labor of contract workers so as to place them on a par with directly employed labor. Women are now allowed to work night shifts as well (10 pm to 6 am).
The Latin phrase 'dies non' is being used extensively by disciplinary authorities in government and industry to show 'unlawful absence' to naughty employees. According to Shri R. P. Saxena, chief engineer, Indian Railways, a non-death is a period not counted in the service or considered a break in service. Someone can be marked off-not, if
- missing without the appropriate permissions
- when on duty leave without proper permissions
- while in the office but refused to perform the task
In cases of the intentional and unauthorized absence of work, the authority giving the leave may decide and order the days in which the work is not performed to be treated as non-dead on the principle of no work without wages. This will be without prejudice to any other action that might be taken by competent authorities against those who turn to such practices. The principle of "not working unpaid" is widely used in the banking industry in India. All other manufacturing industries and major service companies such as railways, post and telecommunications also implement it to minimize incidents of unlawful employee absence. The term 'industry' instills a contractual relationship between employers and employees for the sale of products and services produced through their cooperative efforts.
This contract together with the need to make an effort in producing goods and services imposes a task (including additional duties) and obligations on the part of the employee to provide services with the tools provided and at the place and time specified by the employer. And in return, as quid pro quo, the employer is ordered to pay wages for the work performed and or to fulfill the employment contract. Common tasks include additional tasks, additional assignments, normal duties, emergency tasks, to be performed by employees and payment of wages for it. Where employment contracts are not met or work is not done as prescribed, the principle of 'not working without wages' is put into play.
Wage settings
Payments of the Wages Act of 1936 requires that employees receive wages, on time, and without unauthorized deductions. Section 6 requires that people be paid with money not in the form of goods. The law also provides tax deductions that must be reduced and paid to the central or state government prior to distributing wages.
The Minimum Wage Act of 1948 sets wages for the various economic sectors it claims to bear. This leaves a large number of unregulated workers. The central and state governments have the discretion to adjust wages according to the type of work and location, and they range between as much as INR 143 to 1120 per day to work in what is called a central scope. The state government has its own minimum wage schedule.
The 1972 Gratification Act payments apply to companies with 10 or more workers. Gratuities are paid to the employee if he/she resigns or retires. The Government of India mandates that this payment be made with a wage of 15 days of employee salary for each completed year of service with a maximum limit of INR 2000000.
Bonus Payments Act 1965, which applies only to companies with more than 20 people, requires bonuses paid out of profits based on productivity. The current minimum bonus is 8.33 percent of salary.
Weekly Holiday Act 1942 Beedi and the Cigar Workers Act 1967
Health and safety
The Workers' Compensation Act of 1923 requires that compensation be paid if an employee is injured on the job because of an injury, or a benefit to dependents. The rates are low.
- Factories Act 1948, consolidating existing plant safety laws
- Women's Sexual Harassment in the Workplace (Prevention, Banning, and Indemnification) Act, 2013 which seeks to protect and provide mechanisms for women to report incidents of sexual harassment in their workplace.
Retirement and insurance
The Employees' Provident Fund and the Miscellaneous Provisions Act 1952 created the Organization for Provision of Employee Funds in India. It serves as a pension fund for old-age pensions for the organized labor sector. For workers, it creates a Provident Fund in which employees and employers contribute the same, and the minimum contribution is 10-12 percent of wages. At retirement, employees may withdraw their pensions.
- National Indira Gandhi's National Pension Scheme
- National Pension Scheme
- Public Provision Fund (India)
State Employee Insurance provides health insurance and social security. It was created by the 1948 Employee Insurance Act.
The Unorganized Workers' Social Security Act 2008 was passed to expand the coverage of life and disability benefits, health and pregnancy benefits, and old age protection for unorganized workers. "Unorganized" is defined as home-based worker, self-employed worker or daily worker. The state government is meant to formulate a welfare system through rules produced by the National Social Security Council.
The Maternity Benefit Act of 1961, created the right to payment of maternity allowance for any female employee working in any company for a period of at least 80 days for 12 months just before the expected date of birth. On March 30, 2017, Indian President Pranab Mukherjee approved the Childhood Benefits (Amendment) Act 2017, which provides 26 weeks of maternity leave for female workers.
The Employer's Provision and Employment Fund Act, 1952, provides mandatory funding for the future of employees after retirement or for dependents in the event of an employee's premature death. It extends throughout India except the State of Jammu and Kashmir and applies to:
- any factory involved in any industry specified in Schedule 1 where 20 or more people are employed.
- any other establishment which employs 20 or more persons or classes of such enterprises as the Central Government. can notify.
- other agencies notified by the Central Government even if employing fewer than 20 people.
Workplace participation
Unions
Article 19 (1) (c) of the Indian Constitution gives every person a "enforceable right" to establish an association or union.
The Trade Unions Act of 1926, amended in 2001, contains rules on governance and the general rights of trade unions.
Board Representation
It was the view of many in the Indian Independence Movement, including Mahatma Gandhi, that workers have many rights to participate in the management of the company as shareholders or other property owners. Article 43A of the Constitution, inserted by the Forty-Two Indian Constitution Amendment in 1976, created the right to codify by requiring states to make laws to "ensure the participation of workers in business management". However, as with other rights in Part IV, this article can not be implemented directly but instead creates obligations to state organs to apply its principles through law (and potentially through court cases). In 1978, Sachar Report recommended legislation to include workers on board, but this has not been implemented.
The Industrial Relations Disputes Act 1947 section 3 creates a right of participation in the joint working council to "provide measures to secure amity and good relations between employers and workers and, for that to comment on matters of mutual interest or their concern and seek to write any material difference of opinion in respect of such matters ". However, unions have not taken this option on a large scale. In the National Textile Workers' Union v Ramakrishnan The Supreme Court, Bhagwati J gave a notable appraisal, stating that employees have the right to be heard in the company's closing petition because their interests are directly affected and they stand not excluded by the words of Companies Act 1956 section 398.
- Excel Wearv. Union of India A.I.R. 1979 S.C. 25, 36
Collective action
The Industrial Relations Disputes Act 1947 regulates how employers can deal with industrial disputes such as lockouts, layoffs, layoffs etc. It controls the legal process for reconciliation, adjudication of labor disputes.
According to the basic rules (FR 17A) of the Indian civil service, the period of unauthorized absence- (i) in the case of employees employed in industrial enterprises, during strikes that have been declared illegal under the provisions of the Industrial Relations Disputes Act 1947 or any other law for now in effect; (ii) in the case of other employees as a result of action in combination or in a collective manner, such as during a strike, without authority from, or a valid reason for satisfaction of competent authority; shall be deemed to cause interruption or disconnection in the employee's services, unless decided by a competent authority for the purpose of travel leave concessions, quasi-permanency and eligibility to appear in departmental checks, where a minimum period of continuing service is required. hanalcasca, xnak
- Provisions of the Manufacturing Act of 1948
Equality
Article 14 states that everyone must be equal before the law, article 15 specifically says that the state should not discriminate against citizens, and article 16 extends the right "equal opportunity" for employment or appointment under the state. Article 23 prohibits all trade and forced labor, while Article 24 prohibits child labor under the age of 14 in a factory, mine or "other hazardous work".
- Caste Disabilities Removal Act 1850
Gender discrimination
Article 39 (d) of the Constitution provides that men and women shall receive equal pay for equal work. The Equal Remuneration Act of 1976 applies this principle in the law.
- Randhir Singh v Indian Union The Supreme Court of India declares that the principle of equal pay for equal work is a constitutional purpose and therefore capable of enforcement through constitutional improvements under Article 32 of the Constitution >
- AP AP Condition G Sreenivasa Rao , the same wage for the same job does not mean that all members of the same cadre should receive the same salary package regardless of their seniority, recruitment sources, other service incidents.
- Status of MP v Pramod Baratiya , the comparison should focus on the same skills, efforts and responsibilities when done under similar conditions
- Mackinnon Mackenzie & amp; Co v Adurey D'Costa, a broad approach must be taken to decide whether the task to be performed is similar
Migrant workers
- Interstate Migrant Workmen Act 1979
Vulnerable Groups
The Bonded Labor System (Abolition) Act of 1976, abolished bound labor, but estimates show that between 2 million and 5 million workers are still in debt bondage in India.
- Domestic workers in India
Child labor in India is prohibited by the Constitution, article 24, in factories, mines and hazardous work, and that under section 21 states shall provide free and compulsory education until a child is 14 years of age. However, in practice, the law is absolutely not enforced.
- Sumangali (child labor)
- Juvenile Justice (Care and Protection) from Children Act 2000
- Child Labor (Prohibition and Removal) Act 1986
Work security
A fair stop
Some of India's most controversial employment laws relate to dismissal procedures contained in the Industrial Relations Disputes Act 1947. A worker who has been employed for more than a year can only be dismissed if the permit is sought and provided by the appropriate government office. In addition, prior to dismissal, a valid reason must be given, and there is a wait of at least two months for government permission, before a valid discharge can take effect.
A permanent worker may be terminated only by a proven error or for a habitual absence. The Industrial Disputes Act (1947) requires companies that employ more than 100 workers to seek government approval before they can dismiss employees or close down. In practice, permission to fire employees is rarely granted. Indian law requires companies to get permission to fire workers with factory closures, even though it is necessary for economic reasons. The government may grant or deny permission to close, even if the company loses money on operations.
The laid-off employee has the right to appeal, even if the government has granted a dismissal application. The Indian labor law provides a number of appeals and prosecutes conciliation authorities, conciliation boards, inquiry courts, labor courts, industrial courts and national industry courts - under the Industrial Relations Disputes Act. This involves complicated procedures. Beyond the appeals of labor and adjucating procedures, the case may proceed to the respective High Court of State or finally the Indian Supreme Court. Bharat Forge Co Ltd v. Uttam Manohar Nakate [2005] INSC 45, a worker found sleep for the fourth time in 1983. Bharat Forge initiated discipline under the Industrial Employment Act (1946) ). After five months of trial, the worker was found guilty and dismissed. The worker appealed to the labor courts, pleading for his unfair dismissal under Indian Labor law. Labor courts favor workers, directed to recover, with 50% wage return. The case passed several rounds of appeals and ascended through the Indian court system. After 22 years, India's Supreme Court upheld his dismissal in 2005.
Redundancy
Redundancy refunds should be provided, set at an average of 15 days for each complete year of ongoing service. An employee who has worked for 4 years in addition to various notices and legal proceedings, must be paid a minimum wage of an employee equivalent to 60 days prior to deduction, if the government gives the employer permission to dismiss.
Full job
- National Rural Employment Guarantee Act 2005
The Industrial Act (Regulation and Development) of 1951 states that the manufacturing industry under the First Schedule is under common central government regulation in addition to any law established by the state government. It orders over 600 products that can only be produced in small-scale companies, thereby regulating who can enter this business, and above all placing limits on the number of employees per company for registered products. The list includes all key technologies and industrial products in the early 1950s, including products ranging from certain iron and steel products, fuel derivatives, motors, certain machines, machine tools, to ceramics and scientific equipment.
State law
Each state in India may have specific labor regulations under certain circumstances.
Gujarat
In 2004, the State of Ahmedabad amended the Industrial Relations Disputes Act to allow for greater labor market flexibility in the Gujarat Special Export Zone. The law allows companies in KEK to dismiss excessive workers, without seeking permission from the government, by giving official notices and severance pay.
West Bengal
The West Bengal government revised its labor law making it virtually impossible to shut down a losing factory. The West Bengal law applies to all companies in the state that employ 50 or more employees.
International comparison
The table below contrasts with labor laws in India for people in China and the United States, in 2011.
Many observers have argued that India's labor laws should be reformed. The law has limited the growth of the formal manufacturing sector. According to a World Bank report in 2008, heavy reforms will be desirable. Executive summary stated,
Former Prime Minister Manmohan Singh has said that new labor laws are needed.
Source of the article : Wikipedia
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