Human Resource Classroom

LABOUR LEGISLATIONS IN INDIA

noreply@blogger.com (Anonymous) — Fri, 24 Jan 2014 17:14:00 +0530

Introduction:

The term 'Labour Legislasion' is - used to cover all the laws which have been enacted to deal with" employment and non-employment" wages, working conditions, industrial relations, social security and welfare of persons employed in industries.

The term `labour legislation' is In India, labour legislation is treated as an arm of the State for the regulation of working and living conditions of workers.Organized industry in a planned economy calls for the spirit of co-operation and mutual dependence for attaining the common purpose of greater, better and cheaper production. Since this has not been happening voluntarily, the need for State intervention.

Need for labour legislation in India:

The need for labour legislation may be summarized as under:

· Necessary for the health, safety, and welfare of workers;
· Necessary to protect workers against oppressive terms as individual worker is economically weak and has
little bargaining power;
· To encourage and facilitate the workers in the organization;
· To deal with industrial disputes;
· To enforce social insurance and labour welfare schemes.

Objectives:

The objectives of labour legislations are two-fold:

· Preservation of the health, safety and welfare of workers; and
· Maintenance of good relations between employers and employees.

Principles of labour legislation:

Social Justice:

. The essence of democracy is ensuring social justice to all sections of the community.
· This demands the protection of those who cannot protect themselves.
· In modern industrial set-up, workers, left to themselves, are unable to protect their interest.
· Therefore, the State has to intervene to help them by granting them freedom of association, the power of collective bargaining and by providing for mediation or arbitration in the case of industrial conflict.

Social Equity:

. Legislation based on this principle provides for achievement of definite standards.
· Standards in terms of living, position in society etc. of the working population.
· These standards for the working class can be achieved by bringing about changes in the Law of our land.
· Power to change the Law is exercised by the government.
· Existing laws may be amended to meet the changed standards.

National Economy:

Measures have to be provided through legislation to:

· Ensure normal growth of industry for the benefit of the nation as a whole;
· Satisfy the physical and intellectual needs of the citizens;

Ensure the growth of industrial efficiency such as to adjust the wage system with a view to increase the productivity and prosperity of the workers.

International Uniformity:

Since its inception, securing minimum standards (for the working population – worldwide) on a uniform basis in respect of all labour matters has been the main objective of ILO.

· To this end, conventions are passed at the conferences of ILO.

· As a member of the ILO, adopting these conventions would require appropriate legislation to be brought about.

· The influence of international labour conventions has been significant in shaping the course of labour legislation in India.

Nurturing Values in color

noreply@blogger.com (Anonymous) — Wed, 3 Oct 2012 16:36:00 +0530

Nurturing Values in color ( Click hear to download the file).

The 100 simple secrets of Happy People

noreply@blogger.com (Anonymous) — Wed, 3 Oct 2012 16:06:00 +0530

The 100 simple secrets of Happy People (Click hear to download the file).

Important Forms and Formats under The Trade Unions Act 1926

noreply@blogger.com (Anonymous) — Fri, 28 Sep 2012 10:32:00 +0530

Important Forms and Formats under The Trade Unions Act 1926 (Clickhear to download the file).

The Trade unions Act 1926

noreply@blogger.com (Anonymous) — Thu, 27 Sep 2012 16:06:00 +0530

Short note on The Trade Unions Act 1926

What is the Indian Trade Union Act of 1926?

The Trade Unions Act was passed 1926 as the Indian Trade Union Act. A new version of the act called the Trade Unions Act was passed in 1982. The Act makes provisions for:

a. Terms and conditions required for trade unions to become officially registered.

b. Responsibilities expected from a registered trade union.

c. Rights and liabilities of registered trade unions.

Objectives of Indian Trade Union Act of 1926:

i. A minimum of 10% of the labour workforce, or 100 workers are required to form a trade union.

ii. Resolve disputes among trade unions through voluntary arbitration.

iii. A trade union can be registered within a period of sixty days after formalities. Additionally, if the registry of a trade union expires, it can be renewed after sis months.

iv. 50% of the officers in a trade union must be employed in the corresponding industry. The new percentage is 75%.

v. Trade unions must appoint a registrar who shall report trade union activities and membership to the State and Central government.

Provisions of Indian Trade Union Act of 1926:

1. Definition.

2. Registration of Trade Unions.

3. Liabilities and duties of registered trade unions.

4. Privileges and rights of registered trade unions.

5. Amalgamation and dissolution of trade unions.

6. Submission of returns.

7. Penalties and fines.

8. Power to make regulations.

View the complete Act (Click hear to download the file).

Forms anf Format related to CONTRACT LABOUR (REGULATION AND ABOLITION)

noreply@blogger.com (Anonymous) — Wed, 26 Sep 2012 16:32:00 +0530

Important Forms and Formats under Contract Labour (REGULATION AND ABOLITION) (Clickhear to download the file).

The Contract Labour (Regulation & Abolition) Act, 1970

noreply@blogger.com (Anonymous) — Wed, 26 Sep 2012 15:48:00 +0530

Short note on The Contract Labour (Regulation & Abolition) Act, 1970

The Act applies: (i) to every establishment employing twenty or more contract labourers; and (ii) to every contractor who employs/employed twenty or more workmen [Sec.I(4)]. In West Bengal the number of workmen is 10 or more.

The Act provides for regulation of Contract Labour coming within it's purview. It also provides for prohibition of employment of contract labour in any process, operation of other work in any establishment by issue of a notification by the appropriate Government in the Official Gazette after consultation with Central or State Contract Labour Advisory Board as the case may be. The Act also provides for registration of establishments and licensing of contractors.

View the complete Act (Click hear to download the file).

Forms and Formats under Factories Act 1948

noreply@blogger.com (Anonymous) — Mon, 10 Sep 2012 13:35:00 +0530

Important Forms and Formats under Factories Act 1948 (Click hear to download the file).

The West Bengal Factories Rules, 1958

noreply@blogger.com (Anonymous) — Fri, 7 Sep 2012 17:28:00 +0530

Short note on The Factories Act, 1948

During the early stages of the industrialization of India, industrial laws were still in their nascent stages. The industrial arena was rather in a chaotic state. Industries could treat labourers in any ways and no one could stop them. Workers would be harassed, denied pay, healthcare, and related necessities, and welfare was out of question. Things were getting out of hand and many workers formed their own organizations to fight on their behalf. Needless to say, some workers even resorted to violence to have their needs met.

The government finally intervened and established the Factories Act in 1948. According to this act, safety, welfare and health of labourers is of utmost importance within the industry. The Act applies to all industries in India - including those in Jammu and Kashmir. The major objectives of the Act are:

1. Protect labourers from long hours of work.

2. Maintain healthy and sanitary conditions in the workplace.

3. Maintain safety of workers.

4. Maintain industrial machines operated by people so as to avoid unnecessary accidents.

5. Have industrial inspectors regularly visit industrial sites to oversee health and safety regulations.

Check list of The Factories Act, 1948

The West Bengal Factories Rules, 1958 (Click here to download the file).