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.
The labour movement has been instrumental in the enacting of laws protecting labour rights in the
19th and 20th centuries. Labour rights have been integral to the social and economic development
since the industrial revolution.
Labour laws in India are a set of legal regulations that govern the rights and obligations of workers and employers in the country. These laws are designed to protect the interests of workers, ensure fair treatment, and promote healthy work environments. Here are some key points about labour laws in India:
- Constitutionally Guaranteed Rights: The Indian Constitution provides certain fundamental rights to workers, such as the right to equality, the right to freedom of speech and expression, the right to form associations or unions, and the right to protection against exploitation.
- Industrial Disputes Act, 1947: This act governs the resolution of disputes between employers and employees. It provides provisions for collective bargaining, strikes, lockouts, and dispute settlement mechanisms.
- Minimum Wages Act, 1948: The act establishes a statutory minimum wage that employers must pay to workers. The minimum wage varies across states and industries and is periodically revised by the respective state governments.
- Factories Act, 1948: This act regulates the working conditions in factories. It covers aspects such as health, safety, welfare, working hours, leave, and employment of young persons.
- Employees’ Provident Funds and Miscellaneous Provisions Act, 1952: This act ensures social security benefits for employees. It mandates the establishment of a provident fund and pension scheme by employers, which requires contributions from both employers and employees.
- Employees’ State Insurance Act, 1948: The act provides for the social security of workers in the organized sector. It establishes the Employees’ State Insurance Corporation (ESIC), which provides medical, disability, maternity, and other benefits to insured workers.
- Payment of Gratuity Act, 1972: This act mandates the payment of gratuity to employees in recognition of their long-term service. Employers are required to pay gratuity to employees who have completed five or more years of continuous service.
- Maternity Benefit Act, 1961: The act provides for maternity benefits to women employees, including paid maternity leave, medical benefits, and nursing breaks.
- Equal Remuneration Act, 1976: This act prohibits discrimination in remuneration based on gender. It mandates equal pay for equal work for both men and women.
- Shops and Establishments Act: Each state in India has its own Shops and Establishments Act that governs the working conditions, employment rights, and obligations of workers and employers in shops, commercial establishments, and other similar establishments.
It’s important to note that the labour laws in India can be complex and vary across states and industries. The information provided here is a general overview, and specific details may differ based on the applicable laws and regulations in a particular context.
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