CEPT UNIVERSITY

FACULTY OF APPLIED MANAGEMENT

MASTER OF BUSINESS MANAGEMENT (PART-TIME)
HUMAN RESOURCE MANAGEMENT 2012-2014 SEMESTER II: SEPTEMBER DECEMBER 2012

Dr KSB Nayar
ksbnayar@gmail.com

25 November 2012

TATA STEEL
ONE OF OLDEST AND LARGEST PRIVATE SECTOR STEEL COMPANIES IN INDIA ITS LABOUR PRACTICES MEET UNITED NATIONS GLOBAL COMPACT PRINCIPLES IT HAS WON ACCOLADES FOR HR POLICIES AND CORPORATE GOVERNANCE AWARDS INCLUDE MOST ADMIRED KNOWLEDGE AWARD; AND AMITY CORPORATE EXCELLENCE AWARD BUSINESS TODAY AND ERNST & YOUNG SURVEYS RATED TATA STEEL AS INDIAS BEST MANAGED COMPANY IN METALS AND MINING IT STRONGLY BELIEVES IN UPHOLDING FREEDOM OF TRADE UNIONS AND EFFECTIVE RECOGNITION OF RIGHT TO COLLECTIVE BARGAINING FIRST LABOUR UNION IN INDIA WAS STARTED AT TATA STEEL IN 1920 AND TATA WORKERS UNION HAS BEEN CONDUCTING COLLECTIVE BARGAINING FROM 1937

TATA STEEL
COLLECTIVE BARGAINING PROCESS HAS ENJOYED 75 YEARS OF UNINTERRUPTED INDUSTRIAL PEACE COLLECTIVE BARGAINING HAS A VARIETY OF FORMAL TWO-WAY COMMUNICATION BETWEEN MANAGEMENT & UNIONS AND BETWEEN MANAGEMENT & EMPLOYEES IT HAS A DISTINCT THREE-TIER CONSULTATIVE SYSTEM JOINT DEPARTMENTAL COUNCIL, JOINT WORKS COUNCIL & JOINT COUNCIL OF CONSULTATIVE MANAGEMENTTO ENSURE WORKERS PARTICIPATION THIS TIME-HONOURED AND EFFECTIVE ARRANGEMENT ENSURES WIDESPREAD COMMUNICATION AND CONSULTATION WITH THE EMPLOYEES AND A GOOD RELATIONSHIP WITH THE UNION HR & IR PRACTICES CLEARLY SHOW IMPORTANCE OF THESE FACTORS IN PRE-EMPTING INDUSTRIAL DISPUTES AND PROMOTING INDUSTRIAL PEACE AND UNITY

INDUSTRIAL DISPUTES
A DISPUTE IS BASICALLY A DIFFERENCE OF OPINION BETWEEN THE EMPLOYER AND THE EMPLOYEES OVER ONE OR MORE ISSUES PRIMARY OBJECTIVE OF INDUSTRIAL RELATIONS EXERCISES IS DISPUTE AVOIDANCE VARIOUS ASPECTS OF INDUSTRIAL RELATIONS ARE DESIGNED TO RESTRAIN INDUSTRIAL DISPUTE AND RESULTANT LABOUR UNREST CONFLICT IS THE DRIVING FORCE OF INDUSTRIAL RELATIONS SYSTEM OF AN ORGANIZATION INDUSTRIAL DISPUTES TYPICALLY MANIFEST IN THE DEBILITATING FORM OF STRIKES, LOCKOUTS, PICKETING, GO-SLOWS AND GHERAOS THEY REQUIRE DEVELOPMENT OF APPROPRIATE STRATEGIES FOR PROMPT IDENTIFICATION OF EMPLOYEE GRIEVANCES AND THEIR RESOLUTION A TIMELY RESOLUTION OF GRIEVANCES CAN PREVENT INDUSTRIAL DISPUTES

INDUSTRIAL DISPUTES
EMPLOYEE RELATIONS & TENSIONS CAN DEMORALIZE PEOPLE AND DESTABILIZE ORGANIZATIONS LOSS OF MAN-DAYS DUE TO STRIKES AND LOCKOUTS ULTIMATELY BENEFITS NO-ONE IN THE ORGANIZATION FORMATION OF SOME BASIC GROUND RULES REGARDING DISPUTE PREVENTION AND DISPUTE HANDLING IS WARRANTED GRIEVANCE RESOLUTION AND DISPUTE AVOIDANCE ARE TRICKY TASKS EMPLOYERS AND EMPLOYEES HAVE COMPETING CLAIMS OVER ORGANIZATION RESOURCES EMPLOYERS AIM TO MAKE MORE PROFITS FROM THEIR INVESTMENT WHILE WORKERS ASPIRE FOR BETTER COMPENSATION FOR THE JOB PERFORMANCE WHEN THE NEEDS, GOALS AND INTERESTS BECOME INCOMPATIBLE, INDUSTRIAL DISPUTES ERUPT

INDUSTRIAL DISPUTES
INDUSTRIAL DISPUTE IS A COLLECTIVE DISPUTE BETWEEN EMPLOYER AND EMPLOYEES DISPUTE BETWEEN AN INDIVIDUAL EMPLOYEE AND EMPLOYER IS NOT NORMALLY VIEWED AS AN INDUSTRIAL DISPUTE EXCEPT FOR DISMISSAL, DISCHARGE, RETRENCHMENT OR TERMINATION OF AN EMPLOYEE TYPICALLY DISPUTE SHULD HAVE BEEN RAISED BY A SUBSTANTIAL NUMBER OF EMPLOYEES THE RELATIONSHIP EXISTING BETWEEN THE PARTIES TO THE INDUSTRIAL DISPUTE MUST BE THAT OF EMPLOYER AND EMPLOYEE OR CO-WORKERS THE DISPUTE MAY ARISE OUT OF DISAGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES OVER THE TERMS OF EMPLOYMENT LIKE WAGES AND SALARY, INCENTIVES AND BENEFITS AND WORK LOAD IT COULD ALSO BE CONNECTED TO THE CONDITIONS OF LABOUR, OCCUPATIONAL HEALTH AND SAFETY THE INDUSTRIAL DISPUTE MAY EVEN RELATE TO NONEMPLOYMENT CAUSES OF WORKMEN

OBJECTIVES OF THE INDUSTRIAL DISPUTES ACT, 1947

TO PRESERVE PEACE AND HARMONY OF AN INDUSTRIAL ENTERPRISE IT AIMS AT ENSURING BETTER UTILIZATION OF AVAILABLE HUMAN RESOURCES BY AVOIDING DISPUTE-RELATED MANPWOER LOSS IT LOOKS TO PRE-EMPT EMPLOYEES GRIEVANCES AND INDUSTRIAL TENSIONS FROM DEVELOPING INTO FULLFLEDGED DISTURBANCES AND CONFRONTATIONS IT STRIVES TO PROVIDE A MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES AND ASSURE INDUSTRIAL JUSTICE IT SEEKS TO INDICATE CONTIGENCIES WHEN STRIKES AND LOCKOUTS CAN BE IMPOSED LAWFULLY IT SPECIFIES THE GROUNDS FOR DECLARING A STRIKE OR A LOCKOUT AS ILLEGAL IT ENDEAVOURS TO OFFER FINANCIAL RELIEF TO EMPLOYEES IN THE EVENT OF A LAYOFF OR RETRENCHMENT IT AIMS AT ENCOURAGING & STREAMLINING COLLECTIVE BARGAINING AS A DISPUTE RESOLUTION FORUM

CAUSES OF INDUSTRIAL DISPUTES

DEMAND FOR PAY AND BENEFITS HIKE DEMAND FOR HYGIENIC AND SAFER WORKING CONDITIONS DEMAND FOR BETTER LABOUR WELFARE AND SOCIAL SECURITY MEASURES DEMAND FOR RECOGNITION AND APPRECIATION DEMAND FOR JUSTICE TO AN INDIVIDUAL OR A GROUP OF EMPLOYEES ONE-UPMANSHIP AMONG THE UNIONS ALWAYS KEEPING ON STEP AHEAD OF THE REST EXTERNAL INTERFERENCE NUMEROUS LABOUR LEGISLATIONS

TYPES OF INDUSTRIAL DISPUTES

INTEREST DISPUTES THESE REFER TO DISPUTES RELATING TO ECONOMIC INTEREST OF EMPLOYEES RIGHTS DISPUTES THESE INVOLVE DISPUTES OVER UNDERSTANDING, INTERPRETATION, AND APPLICATION OF RULES AND REGULATIONS WHICH PROTECT THE RIGHTS OF EMPLOYEES

OUTCOMES OF DISPUTES
STRIKE: A CESSATION OF WORK BY A BODY OF PERSONS EMPLOYED IN ANY INDUSTRY ACTING IN COMBINATION OR A CONCERTED REFUSAL, OR A REFUSAL UNDER A COMMON UNDERSTANDING, OF ANY NUMBER OF PERSONS WHO ARE OR HAVE BEEN SO EMPLOYED TO CONTINUE TO WORK OR ACCEPT EMPLOYMENT INDUSTRIAL DISPUTES ACT, 1947 GENERAL STRIKE NORMALLY REFERS TO A LARGESCALE STRIKE ORGANIZED BY THE EMPLOYEES BELONGING TO AN INDUSTRY, A REGION OR AN ENTIRE COUNTRY
SINCE THESE STRIKES ARE ORGANIZED ON A MASS BASIS, THEY CREATE A HUGE IMPACT AND OFTEN PUT A LOT OF PRESSURE ON THE EMPLOYERS GENERAL STRIKES ARE NORMALLY NOT INTENDED AGAINST ANY INDIVIDUAL EMPLOYER

OUTCOMES OF DISPUTES
IN PEN-DOWN, TOOLS-DOWN & SIT-IN STRIKES, EMPLOYEES REPORT FOR DUTY BUT DO NO WORK
IN THESE FORMS OF PROTEST, THE EMPLOYEES JUST REFUSE TO LEAVE THEIR PLACE AFTER ENTERING THE WORK PREMISES AND REMAIN IDLE

WHEN EMPLOYEES RESORT TO AN UNAUTHORIZED STRIKE IN VIOLATION OF THE LABOUR CONTRACT OR AGREEMENTS, IT IS CALLED A WILD-CAT STRIKE
WILD-CAT STRIKES ARE ILLEGAL AND THE STRIKING EMPLOYEES ARE NOT PROTECTED LEGALLY AGAINST THE CONSEQUENCES OF THESE STRIKES

GO-SLOW AND WORK-TO-RULE STRIKES ARE FORMS OF STRIKE IN WHICH EMPLOYEES WORK BUT NOT UP TO THEIR USUAL LEVELS OR CAPACITY
STRIKING EMPLOYEES REDUCE THEIR OUTPUT DELIBERATELY TO SHOW THEIR PROTEST TO THE EMPLOYERS HERE, THE EMPLOYEES STRICTLY FOLLOW THE RULES AND JUST REFUSE TO DEVIATE FROM THEM

OUTCOMES OF DISPUTES
THE PURPOSE OF MASS CASUAL OR SICK LEAVE IS TO BRING THE WORK TO A HALT IN ORDER TO ACHIEVE THEIR DEMANDS
THE EMPLOYEES MAY OPT FOR THIS METHOD EVEN TO FOREWARN THE EMPLOYERS OF THE CONSEQUENCES OF A STRIKE PLANNED IN THE FUTURE IN THIS FORM OF STRIKE, THE STRIKING EMPLOYEES ARE LEGALLY RIGHT AND SAFE ASTHEY EXERCISE THEIR RIGHT TO AVAIL LEAVE

IN A HUNGER STRIKE, EMPLOYEES UNDERTAKE FASTING BY ABSTAINING FROM FOOD AND WORK AS A MEANS OF PROTEST
THE PURPOSE OF SUCH A STRIKE IS TO EMBARRASS EMPLOYERS AND GET THE ATTENTION OF THE GOVERNMENT AND GENERAL PUBLIC TO THE CAUSE OF THE STRIKE

THE PURPOSE OF A SYMPATHY STRIKE IS TO EXPRESS SYMPATHY AND SOLIDARITY WITH ANOTHER GROUP OF STRIKING EMPLOYEES BELONGING TO A DIFFERENT CATEGORY OF EMPLOYMENT IN THE SAME ORGANIZATION
INCIDENTALLY, THE SYMPATHY STRIKE MAY ALSO BE CONDUCTED FOR THE STRIKING EMPLOYEES IN OTHER ORGANIZATIONS IN THE SAME OR A DIFFERENT INDUSTRY

OUTCOMES OF DISPUTES
PICKETING IS A FORM OF PROTEST BY EMPLOYEES IN WHICH THE PRIMARY INTENTION IS TO PREVENT OR DISSUADE THE NON-STRIKING EMPLOYEES FROM ATTENDING TO THEIR WORK DURING THE STRIKE PERIOD
PICKETING MAY BE HELD AT THE WORKPLACE OR EVEN AT SOME OTHER PROMINENT PLACES TO ATTRACT THE ATTENTION OF THE PUBLIC AND THE GOVERNMENT

GHERAO IS A FORM OF PROTEST IN WHICH EMPLOYEES ENCIRCLE THEIR EMPLOYERS OR TOP MANAGERS AT THE WORKPLACE WITH A VIEW TO RESTRICTING THEIR MOVEMENTS
THE PURPOSE OF A GHERAO IS TO FORCE EMPLOYER OR MANAGERS TO CONCEDE THE DEMANDS OF THE WORKERS THE WRONGFUL CONFINEMENT OF ANY PERSON IS NOT LEGALLY TENABLE

OUTCOMES OF DISPUTES
LOCKOUT: THE TEMPORARY CLOSING OF A PLACE OF EMPLOYMENT OR THE SUSPENSION OF WORK, OR THE REFUSAL BY AN EMPLOYER TO CONTINUE TO EMPLOY ANY NUMBER OF PERSONS EMPLOYED BY HIM - INDUSTRIAL DISPUTES ACT, 1947 A LOCK-OUT IS THE EMPLOYERS RESPONSE TO THE EMPLOYEES CONTINUED PROTEST IN THE FORM OF STRIKE IN A LOCK-OUT, THE EMPLOYER CLOSES THE WORKPLACE WITH THE AIM OF PREVENTING THE EMPLOYEES FROM ENTERING THE FACTORY PREMISES AND PERFORMING THEIR JOB

INVESTIGATION AND SETTLEMENT OF DISPUTES

COLLECTIVE BARGAINING
COLLECTIVE BARGAINING IS DEFINED AS A FREE AND VOLUNTARY FORUM THAT FACILITATES NEGOTIATION BETWEEN EMPLOYERS AND EMPLOYEES UNIONS ON ISSUES AFFECTING THE INTEREST AND RIGHTS OF BOTH PARTIES SO THAT AN AMICABLE SETTLEMENT IS REACHED IN GOOD FAITH

COLLECTIVE BARGAINING PROCESS

ESSENTIALS OF COLLECTIVE BARGAINING

PRESENCE OF STRONG UNIONS AND EFFECTIVE LEADERSHIP Important prerequisite for success of collective bargaining THE ORGANIZATIONS RECOGNITION OF UNIONS Management must accord due recognition to the unions TOP MANAGEMENT SUPPORT Support & encouragement from top management are critical for its success POSITIVE EXTERNAL ENVIRONMENT External environment and events have an important influence on the strategies adopted by parties in collective bargaining and also on outcome OPENNESS AND FLEXIBILITY Degree of openness adopted by employers and employees in the bargaining process can also determine its efficiency FAIR LABOUR PRACTICES Management must desist from unfair practices such as victimization of union activities through unfair disciplinary actions and unfair dismissals of union members

CEPT UNIVERSITY
FACULTY OF APPLIED MANAGEMENT
MASTER OF BUSINESS MANAGEMENT (PART-TIME)
HUMAN RESOURCE MANAGEMENT 2012-2014 SEMESTER II: SEPTEMBER DECEMBER 2012

Dr KSB Nayar
ksbnayar@gmail.com

25 November 2012

LABOUR LAWS PERSPECTIVES

LABOUR LAWS REFER TO A BODY OF LAWS ENACTED TO PROMOTE THE INTEREST OF WORKING CLASS THE OBJECTIVES OF LABOUR LAWS ARE:
TO PROVIDE GOOD WORKING AND LIVING CONDITIONS FOR WORKERS TO PROTECT WORKERS FROM EXPLOITATION AND FOR GIVING A FAIR DEAL TO MAINTAIN INDUSTRIAL PEACE AND CORDIAL RELATIONS BETWEEN EMPLOYERS & WORKERS AND CURB UNFAIR LABOUR PRACTICES BY EMPLOYERS AND WORKERS TO PROVIDE ADEQUATE COMPENSATION, WELFARE AND SOCIAL SECURITY TO INCREASE PRODUCTIVITY & ENABLE ECONOMIC DEVELOPMENT OF THE COUNTRY

EMERGENCE OF LABOUR LAWS

140 LABOUR LAWS WITH A HISTORY OF 160 YEARS CONSTITUTIONAL FRAMEWORK OF LABOUR LEGISLATION ENFORCEABLE IN COURTS FUNDAMENTAL RIGHTS IN THE CONSTITUTION OF INDIA GUARANTEES THE FOLLOWING:
EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAWS RIGHT TO FORM ASSOCIATIONS OR UNIONS FREEDOM OF SPEECH AND ASSEMBLY NO DISCRIMINATION ON CASTE, GENDER, RELIGION PROTECTION AGAINST EXPLOITATION NO CHILD BELOW 14 YEARS SHALL BE EMPLOYED IN FACTORY/MINE OR IN HAZARDOUS EMPLOYMENT PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR

EMERGENCE OF LABOUR LAWS

DIRECTIVE PRINCIPLES OF STATE POLICY NOT ENFORCEABLE BY COURTS; BUT IT IS THE DUTY OF THE STATE TO APPLY THESE PRINCIPLES IN MAKING LAWS
EQUAL PAY FOR EQUAL WORK FOR MEN AND WOMEN CHILDREN ARE PROTECTED AGAINST EXPLOITATION WORKERS PARTICIPATION IN MANAGEMENT JUST AND HUMANE CONDITIONS OF WORK LIVING WAGE

ILO (1) ESTABLISHES INTERNATIONAL STANDARDS; (2) COLLECT/DISSEMINATE INFN ON LABOUR & INDUSTRY CONDITIONS; & (3) PROVIDES TECHNICAL ASSISTANCE FOR SOCIAL AND ECONOMIC DEVELOPMENT PROGRAMS IT IS NECESSARY TO APPLY GENERAL PRINCIPLES OF SOCIAL & ECONOMIC JUSTICE TO REMOVE IMBALANCES IN POLITICAL, ECONOMIC AND SOCIAL LIFE OF PEOPLE

CLASSIFICATION OF LABOUR LAWS

LAWS ON INDUSTRIAL RELATIONS
INDUSTRIAL DISPUTES ACT, 1947 TRADE UNIONS ACT, 1926 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

LAWS ON COMPENSATION
PAYMENT OF WAGES ACT, 1936 MINIMUM WAGES ACT, 1948 PAYMENT OF BONUS ACT, 1965 EQUAL REMUNERATION ACT, 1978

LAWS ON WORKING CONDITIONS

FACTORIES ACT, 1948 SHOPS AND ESTABLISHMENTS ACT, 1954 CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970

LAWS ON SOCIAL SECURITY

WORKMENS COMPENSATION ACT, 1923 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT, 1952 THE PAYMENT OF GRATUITY ACT, 1972

LAWS ON INDUSTRIAL RELATIONS

THE INDUSTRIAL DISPUTES ACT, 1947
TO SECURE INDUSTRIAL PEACE AND HARMONY (1) BY PROVIDING MACHINERY & PROCEDURE FOR INESTIGATION AND SETTLEMENT OF INDUSTRIAL DISPUTES (2) BY NEGOTIATIONS INSTEAD OF TRIAL OF STRENGTH THROUGH STRIKES AND LOCKOUTS THE ACT APPLIES TO ALL INDUSTRIES ENGAGED IN BUSINESS, TRADE, MANUFACTURE OR DISTRIBUTION OF GOODS & SERVICES IRRESPECTIVE OF NUMBER OF WORKMEN INDUSTRY MEANS ANY BUSINESS, TRADE, UNDERTAKING MANUFACTURING INCLUDING SERVICES THE ACT DOES NOT APPLY TO MANAGERIAL & ADMINISTRATIVE EMPLOYEES WITH SALARIES > RS 1600 PM & ARMED SERVICES AN INDUSTRIAL DISPUTE IS BETWEEN EMPLOYERS & EMPLOYERS; EMPLOYERS & WORKMEN; AND WORKMEN & WORKMEN MACHINERY FOR INVESTIGATING AND SETTLEMENT OF DISPUTES WORKS COMMITTEE; GRIEVANCE SETTLEMENT AUTHORITY; CONCILIATION OFFICERS; COURTS OF ENQUIRY; & INDUSTRIAL COURTS. THEN DISPUTES ARE REFERRED FOR ADJUDICATION

LAWS ON INDUSTRIAL RELATIONS

THE TRADE UNIONS ACT, 1926
TO RENDER LAWFUL ORGANIZATION OF LABOUR TO ENABLE COLLECTIVE BARGAINING CONFERS ON A REGISTERED TRADE UNION CERTAIN PROTECTION AND PRIVILEGES APPLIES TO ALL UNIONS OF WORKERS AND ASSOCIATIONS OF EMPLOYERS THROUGHOUT INDIA TRADE UNION MEANS ANY COMBINATION (TEMP OR PERMANENT) FORMED TO REGULATE BETWEEN WORKMEN & EMPLOYERS

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946

THE ACT REQUIRES EMPLOYERS TO DEFINE AND STANDARDISE CONDITIONS OF EMPLOYMENT & MAKE IT KNOWN TO WORKMEN APPLICABLE TO INDUSTRIAL ESTABLISHMENTS EMPLOYING 50 OR MORE WORKMEN SOME STATES HAVE REDUCED THE NUMBER AND HAVE THEIR OWN STANDING ORDERS ACTS FORMS BASIS OF DAY-TO-DAY LABOUR-MANAGEMENT RELATIONS, WORKING CONDITIONS, DISCIPLINE, ETC THEY INCLUDE: CLASSIFICATION OF WORKMEN, TIMING & SHIFT WORKING, NOTICE OF CHANGE, ATTENDANCE, LEAVE OF ABSENCE, WAGE PAYMENT, STOPPAGE OF WORK, DISCIPLINARY ACTION

LAWS ON COMPENSATION
THE PAYMENT OF WAGES ACT, 1936
TO ELIMINATE MALPRACTICES OF SHORT/IRREGULAR PAYMENTS MAIN SOURCES OF GRIEVANCE THE ACT ENSURES PAYMENT OF WAGES BY LAYING DOWN WAGE PERIODS; TIME FOR PAYMENTS; NO UNAUTHORIZED DEDUCTIONS; AND REGULATING IMPOSITION OF FINE

THE MINIMUM WAGES ACT, 1948

TO ENSURE MINIMUM STATUTORY WAGES FOR SCHEDULED EMPLOYEES AND AVOID EXPLOITATION THE ACT PROVIDES FOR MAXIMUM DAILY WORKING HOURS, WEEKLY REST DAY AND OVERTIME MINIMUM WAGES FIXED BY STATE GOVT PREVAIL OVER RATES IF FIXED LOWER UNDER ANY AWARD WAGES MEANS REMUNERATION EXPRESSIBLE IN MONEY TERMS INCLUDING HRA BUT EXCLUDING PROVIDENT FUND, GRATUITY, TRAVELLING ALLOWANCE, ETC. PAYMENT OF WAGES LESS THAN MINIMUM ENTAILS IMPRISONMENT UPTO SIX MONTHS OR FINE OR BOTH

LAWS ON COMPENSATION
THE PAYMENT OF BONUS ACT, 1965
PROVIDES FOR PAYMENT OF BONUS (LINKED WITH PROFITS OR PRODUCTIVITY) TO EMPLOYEES DEFINES PRINCIPLES OF PAYMENT OF BONUS ACCORDING TO PRESCRIBED FORMULA PROVIDES MACHINERY FOR ENFORCEMENT OF BONUS LIABILITY TO MINIMISE DISPUTES

THE EQUAL REMUNERATION ACT, 1978

PROVIDES FOR PAYMENT OF EQUAL REMUNERATION TO MEN AND WOMEN WORKERS FOR SAME OR SIMILAR WORK FOR PREVENTION OF DISCRIMINATION AGAINST WOMEN IN EMPLOYMENT DISCRIMINATION AGAINST WOMEN IN RECRUITMENT OR PAYMENT OF UNEQUAL WAGES TO MEN AND WOMEN IS PUNISHABLE WITH FINE AND IMPRISONMENT OF UPTO ONE YEAR OR BOTH

LAWS ON WORKING CONDITIONS

THE FACTORIES ACT, 1948
TO REGULATE WORKING CONDITIONS FOR WORKERS IN FACTORIES TO ENSURE BASIC MINIMUM REQUIREMENTS FOR SAFETY, HEALTH AND WELFARE OF WORKERS TO REGULATE WORKING HOURS, LEAVE, HOLIDAYS, OVERTIME, EMPLOYMENT OF CHILDREN AND WOMEN FACTORY MEANS ANY PREMISES WHERE MANUFACTURING PROCESS IS CARRIED ON AND WHERE 10 (20 WITHOUT POWER) OR MORE WORK MANFACTURING PROCESS PRIMARILY MEANS MAKING, ALTERING, REPAIRING, FINISHING, PACKING, WASHING OR BREAKING UP ANY ARTICLE FOR USE, SALE OR TRANSPORT WORKER MEANS A PERSON EMPLOYED DIRECTLY OR THROUGH A CONTRACTOR WITH OR WITHOUT KNOWLEDGE OF PRINCIPAL EMPLOYER WHETHER FOR REMUNERATION OR NOT IN ANY MANUFACTURING PROCESS OCCUPIER OF FACTORY MEANS THE PERSON WHO HAS ULTIMATE CONTROL OVER THE AFFAIRS

LAWS ON WORKING CONDITIONS

THE SHOPS AND ESTABLISHMENTS ACT, 1954
TO REGULATE WORKING AND EMPLOYMENT CONDITIONS OF WORKERS IN UNORGANIZED SECTOR COMMERCIAL ESTABLISHMENTS NOT COVERED BY FACTORIES ACT THE ACT PROVIDES FOR WORKING HOURS, REST INTERVALS, OVERTIME, HOLIDAYS, LEAVE, TERMINATION OF SERVICE & OTHER RIGHTS & OBLIGATIONS OF EMPLOYERS & EMPLOYEES APPLIES TO ALL PERSONS (EMPLOYED DIRECTLY/THROUGH CONTRACTOR) FOR WAGES OR NOT INCL APPRENTICES

CONTRACT LABOUR (REGULATION & ABOLITION) ACT 1970

TO REGULATE EMPLOYMENT OF CONTRACT LABOUR ON PAR WITH DIRECT LABOUR THE ACT EMPOWERS GOVERNMENT TO PROHIBIT EMPLOYMENT OF CONTRACT LABOUR IN ANY PROCESS, OPERATION OR WORK IN ANY ESTABLISHMENT THE ACT COVERS ESTABLISHMENTS WHERE 20 OR MORE WORKMEN ARE EMPLOYED IN ANY PRECEDING 12 MONTHS; AND EVERY CONTRACTOR WHO EMPLOYS 20 OR MORE WORMEN LOADING AND UNLOADING; STACKING AND UNSTACKING; AND CONSTRUCTION, RENOVATION OF MACHINERY ARE THE PROCESSES WHERE CONTRACT LABOUR IS PERMITTED

LAWS ON SOCIAL SECURITY

THE WORKMENS COMPENSATION ACT, 1923
FIRST SOCIAL SECURITY MEASURE FOR WORKERS IN INDIA THE ACT CONFERS ON WORKMEN AND/OR THEIR DEPENDENTS LEGAL RIGHT TO CLAIM COMPENSATION FOR DISABLEMENT OR DEATH BY EMPLOYMENT INJURY OR AN OCCUPATIONAL DISEASE NEITHER GOVERNMENT NOR WORKMAN CONTRIBUTES RELIEF PROVIDED BY EMPLOYER ANY PERSON ENGAGED IN CONTRIBUTING FOR INTENDED MANUFACTURING PROCESS WOULD BE DEEMED TO BE WORKMAN FOR THE PURPOSE OF THE ACT THERE MUST BE A CASUAL CONNECTION BETWEEN INJURY, ACCIDENT AND WORK DONE IN COURSE OF EMPLOYMENT APPLICANT HAS TO SHOW THAT IT WAS THE WORK AND RESULTING STRAIN WHICH AGGRAVATED INJURY IT IS NOT NECESSARY THAT WORKMAN MUST BE ACTUALLY WORKING AT THE TIME OF DEATH IT WOULD BE ENOUGH IF EVIDENCE SHOWS THAT WORK CONTRIBUTED TO THE CAUSE OF INJURY

LAWS ON SOCIAL SECURITY

EMPLOYEES PROVIDENT FUNDS & MISC PROVISIONS ACT, 1952
IT IS COMPULSORY CONTRIBUTORY FUND FOR FUTURE OF EMPLOYEES AFTER RETIREMENT OR FOR DEPENDENTS IN CASE OF EARLY DEATH APPLICABLE TO EVERY FACTORY OR ESTABLISHMENT WITH 20 OR MORE WORKMEN CONTRACT LABOUR INCLUDED BUT CASUAL LABOUR EXCLUDED FOR COUNTING STRENGTH THE ACT APPLIES EVEN WHEN NUMBER DROPS BELOW 20 THIS ACT IS APPLICABLE TO EDUCATIONAL INSTITUTIONS AS WELL ALL DEPARTMENTS AND BRANCHES ARE TREATED AS PART OF SAME ESTABLISHMENT EMPLOYER AND MAJORITYOF EMPLOYEES MAY AGREE FOR VOLUNTARY APPLICATION OF ACT

THE PAYMENT OF GRATUITY ACT, 1936

A SOCIAL SECURITY MEASURE TO PROVIDE AGAINST RISK OF OLD AGE ACCEPTANCE OF GRATUITY AS A COMPULSORY STATUTORY RETIRAL BENEFIT FOR LONG SERVICE APPLICABLE TO EVERY ORGN WHERE 10 OR MORE PERSONS EMPLOYED GRATUITY IS PAYABLE ON SUPERANNUATION, RESIGNATION, RETRENCHMENT, DEATH OR DISABLEMENT (WHERE 5 YEARS SERVICE IS NOT NECESSARY). PAYABLE TO LEGAL NOMINEE IN CASE OF DECEASED