Académique Documents
Professionnel Documents
Culture Documents
Preliminaries
Number of Sessions: 24 Evaluation (End Term 40, Quiz 20, Mid Term 20, Group Presentation 15, Participation 5) Quiz Best two out of three Text Book: ND Kapoor
Labor Laws
Current Level of Knowledge Is it necessary? Why? Example? Any personal Experience with any of the provisions?
Route Map
Factories Act (& others) Contract Labor Act The Industrial Disputes Act, 1947 The Trade Unions Act, 1926 The Industrial Employment (Standing Orders) Act, 1946 The Payment of Wages Act, 1936 The Minimum Wages Act, 1948 The Payment of Bonus Act, 1965 The Workmens Compensation Act, 1923 The ESI Act, 1948 The Gratuity Act,1972 The EPF & MP Act, 1952
Need
Relationship between labor and capital is that of partnership in maintenance of production and national economy Community as a whole, and employers, are responsible and obliged to protect the well being of workers and to secure to them their due share in the gains
Objectives
Protect the weaker section Mitigation of risks
Principles
Social Justice (Equitable distribution of profits and benefits and affording protection against harmful effects to safety, health, morality Constitution of India Justice-Social, Political, Economic)
Social Equity (Changes in law due to changes in circumstances basis of social equity)
International Uniformity (ILO, India a member) Basic Principles of ILO Policy making: Labor not a commodity to be bought and sold Freedom of expression and association Poverty, a danger to prosperity
National Economy
Constitutional Provisions
Fundamental Rights: Equality before Law Prohibition on grounds of religion, race, caste, gender, place of birth Equality of Opportunity in matters of employment Freedom of speech, freedom of assembly and freedom to form associations
Labor Policy
State is the custodian of community welfare, catalyst for change Recognition of right to peaceful direct action Encouragement of mutual settlement, collective bargaining & voluntary arbitration Intervention in favor of weaker section Primacy to maintenance of industrial peace
Recap
Real Life Applicability Names of important legislations and classification Need for Legislative measures Objectives of Labor Legislations Principles of Labor Legislation Constitutional Provisions Overall direction of Labor Policy A question to you: Who can make laws (legislate) on matters relating to labour? Central Government or State Government?
Next Class:
Factories Act