...COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and union. Second, individual labour law concerning employees’ rights at work and through contract of work. 3. Once an investor sets-up a business in India, whether a liaison office, project office, branch or company, that business needs to comply with Indian regulations and Labour law...
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...COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and union. Second, individual labour law concerning employees’ rights at work and through contract of work. 3. Once an investor sets-up a business in India, whether a liaison office, project office, branch or company, that business needs to comply with Indian regulations and Labour law...
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...mind to be prepared and be aware of compliance issues that may be different from the U.S. be aware of employment laws, and be prepared for the type of cultural differences which may be found in a different country. Compliance Laws India as a country in its entirety uses its main source for employments laws, which is the Constitution of India. Also used amongst the Constitution of India, are labour states, federal, and state governments. India’s laws are governed by the constitution, but laws come down to individual states because each individual state in India may have added judicial guidelines to employment laws. Laws and Non Compliance State Specific Shops and Commercial Establishments Acts (the SEAs); Contract Labour (Regulation & Abolition) Act, 1970 (the CLRA Act); Maternity Benefit Act, 1961 (the MB Act); Payment of Wages Act, 1936 (the PW Act); Minimum Wages Act, 1948 (the MW Act); Payment of Bonus Act, 1965 (the PB Act); Employees’ Compensation Act, 1923 (the ECA); Employees’ State Insurance Act, 1948 (the ESI Act); Payment of Gratuity Act, 1972 (the PG Act); “The Constitution of India provides equality of opportunity in matters of public employment as a fundamental right. The Constitution of India prohibits discrimination on the following grounds: Race, gender, religion, place of birth, domicile, caste, and descent. A specific statute in this respect does not exist for the...
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...‘The employment relations system in India is undermined by the large proportion of workers employed in the unofficial economy’. Discuss. BACKGROUND Capital: New Delhi Population: 1.3 milliard Currency: Indian Rupee GDP Value: 3.33% of the world economy Political system: Federal parliamentary democratic republic – President (head of state), prime minister (head of government) Became independent in 1947 * Major economic reforms in the 1990s paved the way for high economic growth in India and involved the considerable liberalisation of the expansive labour laws. * There is a large rural sector and a large ‘informal’ sector in which unions and collective bargaining are rare. Trade union membership overall is low but membership and collective bargaining coverage is higher in the public sector and large enterprises. There are weak laws regarding trade union recognition and representation and poor enforcement of labour laws and collective agreement provisions. Current concerns include lack of protection for workers who have been made worse-off by the market-based labour reforms, poor growth prospects in key parts of the labour market, high rates of contract and casual workers, increasing downsizing and a low-value added IT sector. The Indian industrial relations system is rooted in British common law * The unionisation rate is low at 5% of the total workforce due in part to large rural and informal sectors, which are not unionised. Most union are concentrated...
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...question on everyone’s lips. Aggrieved Suparna Prasad Dev asked, “If 50 policemen were at the scene, why didn’t they act when a hundred Maruti workers brutally attacked managers and killed my husband?” When the police did finally act, it was too late. The factory was in flames, almost a hundred managers were bleeding, many injured seriously. Awanish Kumar Dev, head of human relations, was dead. There are many lessons in the recent tragedy at the Maruti-Suzuki factory at Manesar in Gurgaon district. One of them is that labour trouble is not only a management’s or a union’s problem but a vital concern of the state. Haryana has not learned this lesson. It destroyed the vibrant industrial town of Faridabad more than a generation ago due to poor industrial relations. It is now bent on scaring industry away from Gurgaon as well. Last year’s unrest at Maruti resulted in Rs 2,500 crore loss. This is a shockingly high figure—half a billion dollars—for any company to lose anywhere in the world from industrial trouble. For Suzuki, whose Indian operation brings in half its global profit, it is appalling. For a Japanese company to be continuously in the news for labour unrest is extraordinary when Japan has taught teamwork and industrial harmony to the world. Suzuki should ask itself if it has the right persons in charge. The role of the state is less obvious. In the 1970s, Faridabad had an active municipal government, fertile agriculture, a direct railway line to Delhi, and a host of industries...
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...vehicles annually in October 2008. The production capacity was further increased by 250,000 vehicles taking total production capacity to 550,000 vehicles annually. VIOLENCE AT THE MANESAR PLANT On 18th July 2012, Maruti's Manesar plant was hit by violence as workers at one of its auto factories attacked supervisors and started a fire that killed a company official and injured 100 managers, including two Japanese expatriates. The violent mob also injured 9 policemen. The company's General Manager of Human Resources, Awanish Kumar Dev had both arms and legs broken by his attackers, unable to leave the building that was set ablaze, and was charred to death. The incident is the worst-ever for Suzuki since the company began operations in India in 1983. Since April 2012, the Manesar union had demanded a five-fold increase in basic salary, a monthly conveyance allowance of 10,000, a laundry allowance of 3,000, a gift with every new car launch, and a house for every worker who wants one or cheaper home loans for those who want to build their own houses. In addition to this compensation and normal weekend/holidays, the union demanded the current 4 paid weeks of vacation be increased to 7 weeks, plus each worker have 40 days allowance of sick and casual leave - for a total of 75 days. Initial reports claimed wage dispute and a union spokesman alleged the incident may be caste-related. These claims were however denied by the company and the police. Maruti said the unrest began, not...
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...LABOUR LAWS: DEMYSTIFIED CONSTITUTIONAL SCHEMA Art 246: Subject matter of laws made by Parliament and by the Legislatures of States Art 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of States Concurrent List: Seventh Schedule: List III Entry 22: Trade unions; industrial and labour disputes Entry 23: Social security and social insurance; employment and unemployment Entry 24: Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits Central Bank of India Vs State of Kerala (SC 2009) …whether Central legislations will have primacy over State legislations are the questions which arise for determination in these appeals SWING OF THE JUDICIAL OUTLOOK Early years of Indian constitution - Zamindari Abolition - Land Ceiling The socialist 70’s - Nationalisation pro-labour Liberal 90’s & Neo 21st century - Recalibration to the centre Balancing act ORGANISATION INTERFACE External - Licenses & amendments Exemptions Periodic returns & filings Internal - HR policies Employee benefits Joining docs Disciplinary process LABOUR LAWS: ILLUSTRATIVE LIST a) b) c) d) e) f) g) h) i) j) k) l) m) n) Contract Labour (Regulation And Abolition) Act, 1970 Apprentices Act, 1961 A.P. Shops And Commercial Establishments Act, 1988 Payment Of Gratuity Act, 1972 Payment Of Wages Act, 1936 Minimum Wages Act, 1948 Equal Remuneration Act, 1976 Payment Of...
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...LABOUR LAWS IN INDIA Index Particulars 1. Introduction a) History of Labour law 3 5 6 6 8 9 27 Page No. b) Evolution of Labour law in India c) Purpose of Labour Legislations d) Constitutional provisions with regard to labour laws e) 2. 3. 4. Labour Policy of India List of Labour laws in India Classification of labour laws in India Overview of important labour laws in India a) Apprentices Act, 1961 29 36 51 of 55 b) Employees State Insurance Act, 1948 c) Employees Provident Fund And Misc. Provisions Act, 1952 Employment Exchanges (Compulsory Notification d) The Vacancies) Act, 1959 e) f) g) Factories Act, 1948 Industrial Disputes Act, 1947 Labour Laws (Exemption From Furnishing Returns & Maintaining Registers By Certain Establishments) Act, 1988 h) Payment of Bonus Act, 1965 i) j) Payment of Gratuity Act, 1972 Workmen’s Compensation Act, 1923 83 87 91 58 74 80 1 k) l) The Trade Unions Act, 1926 Shops and Establishment Act, 1954 97 101 104 118 129 132 135 144 147 151 157 172 177 179 180 186 190 m) Laws related to wages n) Laws related to child labour o) Law related to contract labour p) Maternity Benefit Act, 1961 5. 6. 7. 8. 9. Checklist of labour law compliance Unfair labour practice Labour laws in the unorganized sector Women labour and the Law Industrial relations 10. Special points to be noted while drafting Employment Agreement 11. Important case laws under various labour legislations 12. Important organizations 13. Authorities under...
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...CHAPTER 9 LABOUR PRACTICES AND WORKING CONDITIONS IN TNCS: THE CASE OF TOYOTA KIRLOSKAR IN INDIA KRISHNA SHEKHAR LAL DAS & SOBIN GEORGE 1. INTRODUCTION The study on the working conditions and labour practices in Toyota Kirloskar in India is part of the network research on Transnational Corporation Monitoring in Asia. Since 2002 the Asian Transnational Corporation (ATNC) Monitoring Network has been operational to build up a regional network through which labour organisations in different Asian countries can pursue concrete solidarity actions to improve working conditions of workers employed in transnational corporations (TNC). Against this backdrop, it is aimed to have a closer look at the labour management and forms of employment in automobile and electronics sectors invested by Asian TNCs in Asia. As part of this endeavour, the Centre for Education and Communication (CEC), New Delhi collaborated with the network research coordinated by Asia Monitor Resource Centre (AMRC), Hong Kong to observe the labour practices of Asian TNCs invested in India. In the first phase the network research focused on the movement of capital and its impact on labour by engaging desk research on foreign direct investment (FDI) flows and related aspects. In the current phase, emphasis is on specific cases of labour practices and labour conditions in selected ATNCs. 1.1 Methodology The present study is situated in the wider context of the dichotomy between labour and capital. The changes of production...
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...MAKE IN INDIA The Industrial revolution which started in 18th century which converted mainly Agrarian , rural societies of America and Europe and industrialized and urbanized them. Manufacturing at large scale , complex and efficient manner made those nation’s economy prosper . There is a chain of transformation throughout the world which is from Agrarian economy to Manufacturing based economy to Services based economy . But in case of India’s our GDP composition sector wise , Services(56.9 %),Manufacturing (25.8 %) and agriculture(17.4 %) . So we actually skipped manufacturing and directly went to services based economy which is untenable in the long run. So the present NDA government is giving all the right signals by the slogan “Make In India” , they actually want to boost the manufacturing sector growth and higher contribution to overall GDP. The most important attributes which help in development of manufacturing sector : * Infrastructure : Manufacturing sector is totally dependent on the level of infrastructure support their in the country . Limitation : 1) But presently the level of infrastructure is poor , shortcoming while transporting raw materials and finished products to their respective destination , power shortage for running the plants . 2) The banks in India are not big enough compared to the banks of developed economies or other emergent economies to fund large infrastructure projects Steps Taken/Proposed...
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...BOX 1: Mumbai Mobile Crèches - MMC The MMC is a corporate body registered under S-25 of the Indian Companies Act 1956 with the objective of serving the needs of ‘children on construction sites’. It undertakes extensive activities on a large scale to develop the children of construction workers who, left to themselves are poor, uneducated and vulnerable. . Their main flagship activity is to cater to the educational needs of children right from the day they are born. It runs crèches for children of the 0-3 year age group, Balwadis for children belonging to the age group of 3-5 years, and school for children of the age group of 6 years and above. The organization helps its school children to move to mainstream education by helping the children to enroll in nearby municipal schools. Children from all parts of the country take advantage of its schemes. The children are also given the enjoyment of field trips and educational outings. It brings children, parents, and teachers together on a common platform. It also trains women belonging to the families of construction workers to become teachers. It also attends to the needs of preventive health and nutrition of the children who normally have little access to these services. The MMC draws on extensive sources for fund raising and resource mobilization. It contacts builders, government bodies, academic institutions, industrialists and other civil society organizations to get donations in cash and kind. Reputed...
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...GM-General Motors • BSE-Bombay Stock Exchange • NSE-National Stock Exchange • ACMA-Automotive Component Manufacturers Association of India • SIAM-Society of Indian Automobile Manufacturers • CSI-Customer Satisfaction Index • MDS-Maruti Driving Training School • ITI-Industrial Training Institute • OEM-original equipment manufacturers Executive Summary Maruti Suzuki India Limited is India's leading & largest Passenger car manufacturer which accounting for nearly 50 percent of the total industry sales. With a view to cater the demand of all types of customer the company has variety of brands in its basket i.e ranging from the peoples car Maruti 800 to the stylish hatch-back Swift, SX4 Sedan and luxury sports utility vehicle (SUV) Grand Vitara. The company has received ample awards and achievements due to its continuous innovations and technological up gradations. The company today is very conscious about safeguarding the environment from vehicle pollution which resulted in launching of its advanced K-Series engines. Despite of stiff competition, Maruti Suzuki India Limited is presently considered as the leading automobile giant due to its remarkable Economic, Environmental & Social performances. The object of this paper is to evaluate the Staffing Function of Maruti Suzuki India Limited with respect to labour policies. Labour unrest in the country is steadily leading to violence. The protests of the workers against their employers are not confined to...
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...:1: QUESTION PAPER BOOKLET CODE : A Question Paper Booklet No. 327 Roll No. : Time allowed : 3 hours Total number of questions : 100 Maximum marks : 100 Total number of printed pages : 20 Instructions : 1. 2. Candidates should use blue/black ballpoint pen ONLY to fill-in all the required information in OMR Answer Sheet and this Question Paper Booklet. Answer Sheet cannot be taken out from the Examination Hall by the examinees and the same is required to be properly handed over to the Invigilator/Supervisory staff on duty and acknowledgement be obtained for doing so on the Admit Card before leaving the Examination Hall. Candidates are required to correctly fill-in the Question Paper Booklet Code and the Question Paper Booklet No. (as mentioned on the top of this booklet) in the OMR Answer Sheet, as the same will be taken as final for result computation. Institute shall not undertake any responsibility for making correction(s) at later stage. This Question Paper Booklet contains 100 questions. All questions are compulsory and carry ONE mark each. There will be no negative marking for wrong answers. Seal of this Question Paper Booklet MUST NOT be opened before the specified time of examination. Immediately on opening of Question Paper Booklet, candidates should ensure that it contains 100 questions in total and none of its page is missing/misprinted. In case of any discrepancy, the booklet shall be replaced at once. 3. 4. 5. 6. 7. Each question is followed...
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...1] Contract labor system * A workman is deemed to be employed as Contract Labor when he is hired in connection with the work of an establishment by or through a contractor. Contract workmen are indirect employees; persons who are hired, supervised and remunerated by a contractor who, in turn, is compensated by the establishment. * 3. Contract labor should not be employed where (a) The work is perennial and must go on from day to day;(b) The work is incidental to and necessary for the work of the factory;(c) The work is sufficient to employ considerable number of whole time workmen; and (d) The work is being done in most concerns through regular workmen. * 4. The Contract Labor (Regulation and Abolition) Act, 1970 Act and the Contract Labour (Regulation and Abolition) Central Rules, 1971 came into force on 10.2.71 * 5. Main objective of the Contract Labour (Regulation & Abolition) Act, 1970 is two fold:-i) To regulate the employment of Contract Labour in certain establishments; andii) To provide for its abolition in certain circumstances. In order to achieve above objectives, the Act lays down various requirements with regard to hiring of Contract Labour, its wages & earnings, working conditions etc. * Every Every industry engaging 20 or more workers on contract basis.6. contractor engaging 20 or more workers. * Contract is awarded by the concerned department /commercial7. Concerned deptt. send a job request to the purchase deptt.department...
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...business need to be invented and worked. Existence of e-contract in the market is accomplishing the need for innovativeness in the traditional business segments. Businesses, both existing and new are trying to create an online individuality and an e-contract stand keeping in view the needs of the modern times. E-contract is one of the divisions of e-business. It holds a similar meaning of traditional business wherein goods and services are switched for a particular amount of consideration. The only extra element it has is that the contract here takes place through a digital mode of communication like the internet. It provides an opportunity for the sellers to reach the end of consumer directly without the involvement of the middlemen. New models of business demands different organisational charters. E-contract demands an organizational charter which caters to its new marketing needs. This mode of business enables businesses to save time on product design and device products according to the individual customer requirement, track sales and get immediate feedback from the customer. Contracts have become so common in day-to-day life that most of the time we do not even recognize that we have entered into one. Right from buying a vegetable and hiring a Cab or to buying an airline ticket online, uncountable thing in our daily exists is governed by contracts. The Indian Contract Act, 1872 rules the way in which contracts are made and...
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