Industrial Relations & Labour Laws

Industrial Relations & Labour Laws

1. Introduction

   • 1.1 Labour laws=made by Government, they deal with a worker’s well being in the office: for example working hours, hiring and firing, maternity leave, pension, union formation etc.
   • 1.2 Industrial relation = interactions between employers (businessmen/bosses), employees (workers) and the government (which makes the laws for them)

2. Constitutional Provisions

   • 1. FR
     • 1.1 Art 15 = discrimination on religion, race,caste, sex and place of birth.
     • 1.2 Art 16 = Equal opportunity in Government jobs
     • 1.3 Art 19 = The right to form union.But it does not carry with it the right to achieve every object. Thus the trade unions have no fundamental to right strike. (it is only a legal right under the industrial dispute Act)
     • 1.4 Art 21 = right to ‘live’ is not merely confined to physical existence but it includes within its ambit the right to live with human dignity.
     • 1.5 Art 23 = prohibits ‘bonded / forced labour’
     • 1.6 Art 24 = Child Labour
     • 1.7 Art 33 = hose working in armed forces etc cannot enjoy all the fundamental rights.
   • 2. DPSP
     • 2.1 Art 39 = Free legal aid, health of workers
     • 2.2 Art 41 = Social security during unemployment.
     • 2.3 Art 42 = humane conditions of work + Maternity Relief.
   • 3. Concurrent List
     • 3.1 Regulation of labour and safety in mines and oil fields
     • 3.2 Trade Unions; industrial and labour disputes.
     • 3.3 Industrial disputes concerning Union employees
     • 3.4 Social Security and insurance, employment and unemployment
     • 3.5 Union agencies and institutions for "Vocational ...training..."
     • 3.6 Welfare of labour including conditions of work, provident funds, employers "invalidity and old age pension and maternity

3. Working Hours, Condition of Service & Employment

   • 1. 1948 = Factories Act
   • 2. 1951 = Plantation Act
   • 3. 1952 = Mines Act
   • 4. 1955 = Working Journalists & other Newspaper Employees (Conditions of Service & Misc.) Act
   • 5. 1958 = Merchant Shipping Act
   • 6. 1961 = Motor Transport Act
   • 7. 1966 = Beedi & Cigar Workers (Condition of Employment Act)
   • 8. 1970 = Contract Labour (Regulation & Abolition) Act
   • 9. 1976 = Sales Promotion Employees Act
   • 10. 1979 = Inter State Migrant Workmen ( Regulation of EMployment & Conditions of Service) Act
   • 11. 1986 = Dock Workers (Safety, Health & welfare) Act
   • 12. 1996 = Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act

4. Weaker Sections of Society

   • 1. 1933 = Children Pledging of Labour Act
   • 2. 1976 = Bonded Labour System Abolition Act
   • 3. 1986 = Child Labour Protection & Regulation Act

5. Industrial Relations

   • 1. 1926 = Trade Unions Act
   • 2. 1946 = Industrial Employment Standing Order Act
   • 3. 1947 = Industrial Disputes Act

6. Salary

   • 1. 1936 = Payment of Wages Act
   • 2. 1948 = Minimum Wages Act
   • 3. 1965 = Payment of Bonus Act

7. Women

   • 1976 = Equal Remunration Act
   • 1961 = Maternity Benefit Act

8. Social Security

   • 1923 = Workmen's Compensation Act
   • 1948 = Employees State Insurance Act
   • 1952 = Employees Provident Fund & Miscellaneous Act
   • 1972 = Payment of Gratuity Act