Premium Essay

Labor Law Project

In:

Submitted By VishwajaRao
Words 5891
Pages 24
LABOUR LAW 11 PROJECT ON :
LABOUR REGULATIONS RELATING TO COMPENSATION AND INSURANCE

SUBMITTED BY-
RAO VISHWAJA
201285
SEMESTER V

TABLE OF CASES 1. Cricket Club of India v ESIC 2. ESIC v Ramdas Reddiar 3. ESIC v RK Swami 4. ESIC v Trichy District Milk Cooperative Society 5. Hyderabad Asbestos v ESIC 6. Punjab National Bank v Astamija Dash 7. RB Moondra v Smt Bhanwari 8. Reid Cooperative Timber Works Ltd v ESIC 9. Ram Bahadur Thakur v Chief Inspector of Plantations 10. Satya Sharma v ESIC 11. Smt Koduri v Polongi Atehmuna 12. State v Ram Prasad 13. Trustees Port of Bombay v Yamunabai

TABLE OF STATUTES 1. The Constitution of India 2. The Employee’s Compensation Act,1923 3. The Employee’s State Insurance Act, 1948 4. The Maternity Benefit Act, 1961

Contents INTRODUCTION 5 THE EMPLOYEE’S COMPENSATION ACT, 1923 6 EMPLOYEES STATE INSURANCE ACT,1948 14 MATERNITY BENEFIT ACT,1961 17 CONCLUSION 18 BIBLIOGRAPHY 19

INTRODUCTION

There are two major Acts relating to compensation and insurance. They are Employee’s Compensation Act,1923 and Employees State Insurance Act,1948. The project will contain an overview of both the acts in detail with respect to relevant case laws.
The Employee’s Compensation Act 1923 is one of the earliest pieces of labour legislation. It covers all cases of ‘accident arising out of and in the course of employment’ and the rate of compensation to be paid in a lump sum, is determined by a schedule proportionate to the extent of injury and the loss of earning capacity. The younger the worker and the higher the

Similar Documents

Free Essay

Mexicana Wire Works

...Managing Operations is Sound Prioritization: The Mexicana Wire Works Case A case report presented to the faculty of the Master of Business Administration Far Eastern University In partial fulfilment of the requirements In Quantitative Analysis Submitted To: Professor Willy Cuason Submitted By: Jeancy Dela Rosa Joan Eclipse Gerra Lanuza Mark Nimeno Timmyleh Pocong Jerome Tumambing June 03, 2014 I. Case Background Mexicana Wire Winding, Inc. is a subsidiary of Westover Wire Works based in Texas which is a medium-sized producer of wire windings of electrical transformers. Ron Garcia is the new management trainee, who studied operations management in his MBA program but lacks any technical knowledge about the manufacturing process. He is tasked to help the company in solving the increase in booking orders for April.There will be new equipments coming in the next several months but these won‘t help them fill the April orders. (Render & Stair, 2012) To better understand the case the group researched on the sequence on how to produce wire windings as discussed in the case: 1. “Wire Winding- the metalworking process used to reduce the cross-section of a wire by pulling the wire through a single, or series of, drawing die(s). There are many applications for wire drawing, including electrical wiring, cables, tension-loaded structural components, springs, paper clips...

Words: 1406 - Pages: 6

Free Essay

Review of the Legal Environment of Business

...owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and on eliminating child labor. In the 1960s and 70s, statutes focused on anti-discrimination and unsafe work environments...

Words: 2498 - Pages: 10

Premium Essay

David Bacon Act

...1 Davis-Bacon Act Elizabeth Wiedemeier Business law Kenneth Lynch (Instructor) Park University Explain what you are going to do. Will you prove a point? Will you be looking at various opposing views and weighing up the merits? Spell out exactly what you will achieve in your term paper right here. * A brief explanation of the problem * Aim of your term paper * What questions will be answered in the term paper * A brief outline of current research * Relevance of the term paper topic * The research process Introduction: Contractors bid on U. S. Federal Construction projects and most contracts for federally assisted constructions exceeding $2,000 required to pay their employees the standard wage and benefit package that workers in the area performing similar work are earning the “prevailing wage”. Prevailing Wage typically means the local union wage. In government contracting, “a prevailing wage is the hourly wage, benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area”. The culprit of all of this is the “Davis Bacon-Act” (DBA) The act was amended several times and has been attacking by opponents claiming its racist, unnecessary, expensive and costing taxpayers and the government a lot of money. Republicans have been attacking and trying to repeal the Davis-Bacon Act on the grounds that it is outdated, expensive and bureaucratic. Their latest effort last year was claiming, the repeal will...

Words: 10208 - Pages: 41

Premium Essay

Communication

...China Labor Watch 147 W 35 TH Phone: 212-244-4049 Fax: 212-244-4146 E-mail: clw@chinalaborwatch.org ST STE 406 New York, NY 10001 Code of Conduct is No More than False Advertising, Disney Suppliers Continue Exploiting Chinese Workers By China Labor Watch November 10, 2010 While every effort will be made to keep the materials accurate and up-to-date, China Labor Watch is not personally responsible for accuracy and currency. This report contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this report. SOME RIGHTS RESERVED. 2010 Content Summary.......................................................................................................................................................................3 Yiuwah Accident .........................................................................................................................................................3 Disney Consumer Products .........................................................................................................................................4 “Cut and Run” ..............................................................................................................................................................5 Establishment of “Code of Conduct” .........................................................................................................................6 Production...

Words: 6901 - Pages: 28

Free Essay

Child Labor

...was a internal audit that was conducted on Apple, they found that 106 children were working at more than 10 factories creating Apple products in the past year alone according to The Guardian. (n.d.). Hiring children means that the child labor laws are being violated. Also this is morally wrong and not for the greater good of the people. Apple conducted an investigation on it's suppliers. The result of that investigation was unexpected. They found out that children were being recruited using fake identity papers. Child labor is obvious because of the harsh working conditions provided by Apple. Most of the children worked for Chinese companies that made supplies for apple. The children were under the age of 16; they employed about 74 children out of the 106 total according to The Guardian. (n.d.). Most of the cases are from 2013, and total there have been 70 companies in Apple's supply chain that have employed children according to The Guardian. (n.d.). There has been a host of other events happening when the whistle was blown so to speak. There have been cases of workers committing suicide, and also deadly explosions at some of the supply chains. This is relevant because workers slowly began to figure out that children were being used for labor, and these were some of the consequences. The children had to lift heavy equipment, and some of them were subject to pregnancy tests as well. If the children got into trouble while working they would be punished by having their pay checks...

Words: 4443 - Pages: 18

Free Essay

Child Labor

...1. CHILD LABOR Child labor can be defined as: “The employment of children at regular and sustained labor basis. The term “child labor” is often defined as the work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.” 2. CHILD LABOR IN FACTORIES IN PAKISTAN In Pakistan, child labor is commonly found in all sectors and industries of the nation, be it in rural localities or urban localities. Underage labor being sought from children can be seen in factories, workshops, hotels, bazaars, etc. At times they have no choice but to do work that is beyond their physical capacity by force and circumstance which is the violation of law. 45.7% of the total population of Pakistan (2012) lives below the poverty line. Given these circumstances these children are compelled by their poor parents (who are prone to illiteracy and unawareness) to work even if it is affecting their childhood because the nominal wages that are brought home by these children helps to run their houses. Working in factories promises these poor children a fixed amount of money throughout the month over labor in other forms such as working on the streets and signals and gives the employers cheap labor (who may be literate or illiterate). In country with such a fragile system for checks and balances it is very easy for these employers to exploit children for their own advantage of making more profit by making use of them as...

Words: 2397 - Pages: 10

Free Essay

Unions

...Legislations That Shaped Labor Unions For centuries, the divide between laborers and their controllers have come with a high price. From wealthy farmers to corporate presidents, their subordinates have had to work hard to achieve their personal goals and that of employers. At times, employees have been exploited by working outrageous hours under horrible conditions for a measly pay. Such abuse was absorbed by the needy and continued for years, until the government stepped in and demanded labors to be implemented. Such laws gave the rights and freedom that many were looking for in order to work stable hours and for reasonable pay. Like many laws, it took time and effort but such laws came to fruition by legislations such as The Wagner Act, The Taft-Hartley Act, and the Civil Rights Act of 1964. The Wagner Act, also known as The National Labor Relations Act of 1935, is the foundation for all unions that are now in existence in the United States. Prior to The Wagner Act, employees had no say as to whether or not they wanted to come together and agree on proposals for better and healthier work environments by being represented by unions. The Wagner Act gave employees the ability to work together, unionize and designate employee representatives that would be the voice of the employees when it came to collective bargaining (Department of Labor (DOL), 2014). This act specifically required employers to bargain in good faith over mandatory bargaining issues such as wages, hours,...

Words: 1636 - Pages: 7

Free Essay

Compensation Benefit Plan

...Compensation and Benefits Plan Our team has been asked to develop some compensation and benefit recommendations for our client based on their planned expansion to Arizona. The expansion in Arizona will increase the number of employees to 130. Annual revenue is expected to increase the first year to $10,300,000. Currently, there are 41 commercial construction projects in Arizona, and it is recommended the company pursue commercial retail. (Commercial Construction Projects in Arizona, 2013) . The team’s recommendation is based on; market evaluations of similar companies, Arizona pay and benefits laws, and a company structure to create a compensation and benefits strategy. Sundt Construction, a medium sized construction company headquartered in Tempe Arizona, was founded in 1890 by Mauritz Martinsen Sundt. Sundt offers their employees a somewhat generous compensation package which includes not only the basics of retirement and health care, but also added perks such as continuing education (The Sundt Exprience, 2013). Sundt offers a generous health care plan which includes vision care and prescription benefits. Sundt offers several different medical plans to include one plan that has no monthly premium charge (because of employee ownership) for employees and their dependents which is a Preferred Provider Organization (PPO) network. Sundt maintains a wellness where employees receive a $350 credit for health expenses related to improving or maintaining health. Sundt...

Words: 1997 - Pages: 8

Free Essay

Subcontracting

...Subcontracting refers to the process of entering a contractual agreement with an outside person or company to perform a certain amount of work. The out-side person or company in this arrangement is known as a subcontractor, but may also be called a free-lance employee, independent contractor, or vendor. Many small businesses hire subcontractors to assist with a wide variety of functions. For example, a small business might use an outside firm to prepare its payroll, an accountant to help with its record keeping and tax compliance, or a free-lance worker to handle a special project. Subcontracting is probably most prevalent in the construction industry, where builders often subcontract plumbing, electrical work, drywall, painting, and other tasks. (a) "Contracting" or "subcontracting" refers to an arrangement whereby a principal agrees to put out or farm out with a contractor or subcontractor the performance or completion of a specific job, work or service within a definite or predetermined period, regardless of whether such job, work or service is to be performed or completed within or outside the premises of the principal. (b) "Contractor or subcontractor" refers to any person or entity engaged in a legitimate contracting or subcontracting arrangement. (c) "Contractual employee" includes one employed by a contractor or subcontractor to perform or complete a job, work or service pursuant to an arrangement between the latter and a principal. (d) "Principal" refers to any employer...

Words: 2226 - Pages: 9

Free Essay

The Use of Underage Labor by American Corporations in Underdeveloped Countries

...Abstract In this paper will examine the use of underage labor by foreign companies and what relationships US companies have with these companies. I will discuss the laws concerning child labor in different countries and how they compare to the US laws. I will inspect the US corporations that use facilities in other countries and if these facilities utilize child labor in their production processes. I will also look at the benefits to using child labor and what if any benefits the children get from the companies who employee them. Finally I will observe whether or not US corporations violate any laws by having partnerships with these oversea companies that utilize child labor, and if they have an ethical responsibility to terminate these partnerships if child labor is used by their oversea partners. Child labor is defined as any employment that harms children’s health or stops children from attending school. The International Labor Organization believes that 215 million children between the ages of 5 and 17 works under conditions that is illegal, hazardous, or exploitative throughout the world (Child Labor Public Education Project, 2012). Children have been used throughout American history. American farmers, for example, have used their own children to help with jobs on the farms for many years. But as people moved away from the farmlands and into manufacturing areas, some of these companies began to hire children to work for them. Children worked in mines, glass...

Words: 3010 - Pages: 13

Premium Essay

Case Study-Barrio Bantog

...Summary Hacienda Luisita in Central Luzon constituted the largest unified sugar hacienda in the Philippines with an area of 6,000 hectares. It was operated by Jose Cojuangco & Sons as part of their integrated sugar central, Central Azucarera de Tarlac (CAT). There were nine barrios in Hacienda Luisita, each barrio had its own overseer, and each had a barrio captain. Barrio Bantog was located on Hacienda Luisita. There were four hundred thirty five people lived in Barrio Bantog, and the settlers lived with simple entertainment and few luxuries, one of the the accepted diversion was gambling. Jose Zaldo was an overseer of Barrio Bantog and Luis Calero was the barrio captain. In 1964, Jose Zaldo was facing with an important decision, his problem rooted with a downturn in the efficiency of his workers due to the preoccupation with gambling. He observed that gambling was dilapidating morale and draining the strength as well as the money of the people in barrio. And he was upset when informed that the top management was worried about the increase in salary advances made by the workers. Jose Zaldo was certain that it was manifested from the prevalent gambling activities. The problems of Jose Zaldo were aggravated when he discovered that the operator of the gambling establishment was Luis Calero. Luis Calero, was a father of a family of twelve and as a captain, his normal income could be supplemented by expanding his gambling operations he received ten percent of all winnings....

Words: 1655 - Pages: 7

Premium Essay

Educational Sociology

...Research Work Subject: Educational Sociology Ten Social Problems and Issues in our Country. |Social Issues |Causes |Alternative Plan/Reforms |Status/Condition | | | |(government/agencies) | | |1. Poverty |Population growth |- Tulong sa Tao Program of the Aquino |Philippines have not been strong | | |Lack of individual |Administration; |enough to speed up the pace of | | |responsibility / Laziness |- Social Reform Agenda (SRA) |poverty reduction. This in turn would| | |Weak Agriculture sector |of the Ramos administration, |impact on the country's progress | | |Poor government policy / Corruption |- Lingap Para sa Mahihirap program of |towards Eradicate Extreme Hunger and | | | |President Estrada, |Poverty. | | | ...

Words: 1370 - Pages: 6

Free Essay

You Decide/Employment Law

...Devry University Employment Law HR593 You Decide Assignment   You Decide Assignment Scenario Summary: Karen is a human resources consultant at a local utility. Originally, the work requested was project-based. Karen was asked to develop training materials for an upcoming session on diversity. Cynthia, the human resources manager, was very happy with the work that Karen did and asked her to work on some additional projects. Before everyone knew it, Karen had been working at the utility for five years. Karen has been paid a monthly base salary of $10,000 per month. Karen has received a 1099 for her wages over the past five years, but has not received a W-2. Karen was not offered any benefits, but when she was hired, she did not need them, as she was happily married. However, Karen's husband recently passed away and she asked Cynthia about receiving benefits. Cynthia has denied Karen's request. Karen's title, when she started, was Human Resources Temporary, but her new title evolved into Human Resources Consultant to be more consistent with others in the department who are doing work similar to hers. Karen does have a contract with the utility. Karen has had other limited clients over the years. She had one client for an approximately 40-hour project two years ago, and she currently has another client that keeps her on a retainer basis. Since she was denied benefits, Karen has contacted the IRS to ask them to determine her status. Your role/Assignment: ...

Words: 1293 - Pages: 6

Free Essay

The Ethics of Crowdsourcing

...Stephanie Lee Ethics of Crowdsourcing ‘Crowdsourcing’; Innovation or Exploitation? Abstract Crowdsourcing is the concept of mass collaboration of external outsourced tasks typically from an institution to its community (Howe, 2005). This paper explores the two sides of crowd sourcing; whether this net-enabled community collaboration is accelerating innovation or exploiting the laborers with menial tasks of little to no benefit through an analysis of Soylent, one of the latest innovations in crowd sourcing using John Rawls’ Theory of Justice, the Veil of Ignorance, I aim to demonstrate how can we all benefit from crowdsourcing and harness the true power of collective intelligence and mass collaboration just by maintaining a fine balance between the two extremes as according to the Aristotle’s Golden Mean. Introduction David Brent once said; “A problem shared is a problem halved, so is your problem really yours or just half of someone else’s?” In terms of an ideal crowd sourced task, the problem would be diminished by half, or even more because it is shared between dozens, hundreds, and even thousands of active community participants eager to solve it to the best of their abilities. Crowdsourcing, as first coined and defined by Jeff Howe, is the concept of mass collaboration of tasks that are outsourced externally typically through the Internet to the community at large. He says it is “the act of outsourcing tasks, traditionally performed by an employee or contractor...

Words: 6231 - Pages: 25

Free Essay

Ccj480 Dis

...These high incarceration rates within America have also led to overcrowding, racial bias, increase in women in prison, and many other negative effects. The public does need to be educated on the negative effects from the War on Drugs in order to push for change in our punitive policies for non-violent drug offenders. In order to change these negative effects, America needs to get rid of mandatory minimums and the three strikes laws. These laws are placing many non-violent drug offenders in prison. These offenders are in need of substance abuse treatment in order to stop the vicious recidivism cycle. Wrongful conviction is another very important ethical issue that we are facing in today’s justice system. Wrongful convictions are very important when it comes to ethical issues because innocent people are being put on death row by our government. There are organizations with insightful information about this issue on their websites such as the Innocent Project. Wrongful convictions are becoming more prevalent due to the technology of DNA testing (Innocence Project website). However,...

Words: 564 - Pages: 3