...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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...------------------------------------------------- LABOUR LAW 1. Concepts * UK, France * Art. 1 * Rome Treaty: Jean monnet ‘the united states of E’ 2. Institutions - european council -council of EU - commission - parliament -ECJ 3. Labour law and social policy - thinner - social policy - 3 theories: neo-liberal, social democratic, Marxism - paradoxen 4. Historical development a) market rights as motivators of social rights ‘spill over’ - 60’s (neo liberal period) -70’s (crisis, Paris, social action, golden period of harm.) b) socially acceptable economic integration -80’s (clash, deregulation, delors, GR/SP/PO) -90’s( Maastricht, UK, AU/FI/SW, 1997 UK, employment title) c) economically acceptable social integration -green paper on social policy (Flynn) -white paper 1994 -white paper Delors -green paper 2006 interactions between union and member states *Regulation *De-regulation(beer Shirac) *Coordination *Financial support *Harmonisation(?) *Eu Social Law (TFE, TEU, Charter fund rights) *directives *Soft law Title X Social policy TFEU -art. 151/152 -art. 153(working, social security and protections, repres and col defense) qualified majority voting/ unanimity -excluded *Collective labour law vs individual labour law(s anc cb: collective) -social dialogue -collective bargaining -Jacques Delors – Val Duchesse process - European trade union confederation - Maastricht Treaty (2 art. Annex) -Business Europe/ CEEP...
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...With the aid of case law critically discuss the integration or organisational test of identifying an employee from an independent contractor. In you answer you should indicate the origins of the distinction between an independent contractor and an employee, why courts adopted this test, when was it discarded and reasons thereof. The integration test was developed as an alternative to the control test by Lord Denning in Stevenson, Jordan & Harrison Ltd v MacDonald and Evans (1952). It relied on the role played by the worker within the organisation for which work was performed. Lord Denning stated;“Under a contract of service, a man is employed as part of the business, and his work is done as an integral part of the business; whereas under the contract for service, his work although not done for the business, is not integrated into it but is only accessory to it”. He argued that it is often easy to recognize a contract of service when you see it but difficult to say wherein the difference lies . A ship master, a chauffeur and a reporter on the staff of a newspaper are all employed under a contract for services. This test provide flexibility necessary to deal with varying types of employment relationships and the changing nature of work practises In the above mentioned case Evans Hemming was an accountant who had been employed first as a servant and then as an executive officer by Macdonald and Evans. Shortly after he left them, he wrote a textbook on business management...
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...INTRODUCTION The law on employment contracts in Zambia is governed by the established English law of contracts and Statute, the Employment Act. To be legally binding a contract of employment must therefore fulfil all the normal contractual requirements. (A) DETERMINATION OF THE EXISTENCE OF A CONTRACT OF EMPLOYMENT AND TERMINATION In order to determine and delineate employees from other contractual relations, the courts have devised tests to help identify employees: 1. THE CONTROL TEST This was the first test to be evolved. Under this test the greater the extent to which a person is under the direction of and control of another person, the more likely he or she is an employee. The control test is satisfied if a person controlled both what another person is to do and how to do it. However, as the size and complexity of business increased and employees became more skilled and professional, employment relations became more impersonal. The control test was therefore less effective and even when a ‘right to control’ was substituted for actual control it was not possible to draw the correct distinctions with only one test. The courts developed other tests; 2. THE INTERGRATION TEST Under this test also called the ‘organization test’ if the person doing the work and the work he does is an integral part of the business, rather than an accessory to it, then the person will be an employee. This test is useful in the case of professional employees, such as doctors who may be an integral...
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...BANGLADESH LABOUR LAW 2006-(RMG SECTOR) Table of Contents Page No. PART 1: WORKING CONDITIONS ..........................................................................................1 1.1 WAGES...............................................................................................................................4 1.1.1 Definition ................................................................................................................. 4 1.1.2 Persons responsible for the payment of wages ........................................................ 5 1.1.3 Fixation of wage periods and time of payment of wages ......................................... 5 1.1.4 Deductions from the wages ...................................................................................... 6 1.1.5 Grievance procedure in case of illegal deductions or delay in payment ................. 6 1.2 WORKING HOURS AND LEAVES ...............................................................................8 1.2.1 Daily hours............................................................................................................... 8 1.2.2 Interval for rest and meal* ...................................................................................... 8 1.2.3 Weekly hours** ........................................................................................................ 8 1.2.4 Weekly Holiday*** ...............................................................................................
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...Section 1 (1) of the Labour Relations Act, 1995 defines “a strike as a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output”. According to the “Labour Relations Act, 1995” the strikes are legal only if some preconditions are met such as the collective agreement must have expired, a strike vote must have been held and 50% of the members are in favour of the strike, and a conciliation officer must have been appointed. All the employees covered under Labour Relations Act, 1995 are not lawfully permitted to strike e.g. hospitals, and nursing homes and Toronto Transit Commission do not have the right to strike. Some departments like fire fighters and police are not subject to the above-discussed law and have their own legislations. If a union is not adhering the law the strike can be charged as illegal and the participants are subject to discipline. The employer can request the board for cease immediately and if the orders are disobeyed, court injunction can occur. The breech of court orders can result in fines and jail sentences and employers can also sue the individuals or unions for the damages. The union leaders can be charged and held responsible for the consequences of the strike. Considering the differences of legal and illegal strike, as defined above by law, it can be argued...
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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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...Dr. Iragaravarapu Sridhar CCBMDO Batch: 09 Perspectives of Law and Business Assignment December 16, 2012 CORPORATE 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...
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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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...1. What legislation (statutes) should you consider in evaluating the above scenario and why should you at least consider those statutes? Mention at least two statutes and why you believe they might be relevant to the fact scenario. (2 marks) Hint: the common law is not a statute. The legislations that should be considered when evaluating the above scenario are the Ontario Human Rights Code (OHRC), the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). I believe that the OHRC is relevant to the above scenario because if an employer has decided to terminate someone for just cause, they must ensure that they are not violating statutes that protect the employee’s Human Rights. I believe that the OHSA is relevant to the above scenario because of the workplace harassment allegations made and I would review the violence and harassment section of the legislation. Also, the ESA must be considered when evaluating the above scenario because it sets out the minimum entitlements for the employee upon dismissal in this case I would go over the ESA and pay close attention to the employee’s entitlements to leaves of absence, employer notice period, pay in lieu and severance pay. 2. What if anything should be done about the allegations of bullying? Does your friendship with Eloise impact upon your answer to this question? (2 marks) The allegations of bullying are considered harassment. We should follow the workplace harassment policy that employer...
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...held that the plaintiff, who was engaged by the defendant for three months service as a courier and notified before the engagement begun that that he would not be required, had an immediate action for damages for anticipatory wrongful dismissal, without the necessity to wait for the date on which the service should have begun. M.R. Freedland(1976) The possible remedies one can obtain in Litigation may include the following: Damages - According to M.R Freedland (1976) the remedy for damages for wrongful dismissal or breach of contract of employment is the most important remedy given by the common law, or by the rule of equity for the protection of the job security of the employee. It also follows that the measure of damages obtainable for wrongful dismissal or breach of contract is of great consequence, because it is the measure of the protection of security of employment at Common Law. In accordance with the general principle in contract, that of restitution in integrum which state the basis for the award of damages is to put the...
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... | | | |labor law intended to set the rules governing the legal and links related to the work done by a person for a fee for someone else , and under his| |guidance and his authority or supervision and control. | |For this branch of the law's impact on our economic and social life which makes it super economic and social importance. | |It is the economic labor law plays a role a great deal of risk in directing the economic life of a dangerous weapon in ensuring the safety of | |economic life to a large extent and that had to be on the street to use it efficiently investigation for economic considerations, which controls | |the society and change the efficiency in the use of labor laws It may worsen economic conditions. | |That targets the age of labor laws to ensure fair treatment of workers and decent living and this is too much intervention by the labor laws to | |determine fair wages or impose a minimum with which increases the purchasing power they represent the majority of community groups and therefore | |consumption movement affected there were much clearer. ...
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...In China there exist labor laws which, if fully enforced, would greatly alleviate common abuses such as not paying workers. In 2006, a new labor law was proposed and submitted for public comment. Enacted in 2008, the Labor Contract Law of the People's Republic of China permits collective bargaining in a form analogous to that standard in Western economies, although the only legal unions would continue to be those affiliated with the All-China Federation of Trade Unions, the Communist Party’s official union organization. The new law has support from labor activists, but was opposed by some foreign corporations, including the American Chamber of Commerce and the European Chamber of Commerce. There is some expectation that the law would be enforced.[4][5][6] In 2010 a substantial increase in labor related cases brought to court in 2008 was reported.[7] There has been many questions as to "Does the Labor Contract Law Cover Foreigners". There has recently been a case in Jinhua China (2011–2012), where a foreigner went through Labor Arbitration, Court and Court of Appeal. The case centered around Article 14 part 3 of the Labor Contract Law. During all the proceeding the Chinese argued that LAW did NOT apply to foreigners. The foreigner easily proved his case yet lost in all 3 venues. Both written court decisions cited that the foreigner did not meet the rule of Art 14 part 2 (which was NEVER argued by anyone in court(s)) and therefore the courts ruled against the foreigner. It is possible...
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...European Social Law Essay “In Western European societies, the dissociation between labour law and the law governing markets, which resulted in the emancipation of the former [from the latter], has been of significant relevance” (Antoine Lyon Caen, translation from “Droit Communautaire du marché v.s. Europe sociale”) Discuss whether and to what extent the ECJ's judgements in Viking, Laval, and Rüffert make it difficult to uphold the division between labour law on the one hand and the law of the (internal) market on the other hand, which - according to Lyon Caen - has been characteristic of labour law in Western Europe so far. Dissociation between labour law and law governing markets Labour law emanicapted from law governing markets Is it difficult to uphold labour law? and law of internal market? Balance the two? Introduction Balance the application of the EU's free movement rules (in particular the right to work and provide services in another member state) with the maintenance of different national social systems How will these freedoms affect trade union rights such as the right to collective action and collective bargaining? For a long time there has been a tendancy to look upon the EC as a guarantor of labour and social rights (particularly by the UK) Globalisation poses threats to national protection of labour law. Creates pressure for race to the bottom. So, supranational action is needed to defeat this pressure (justification for...
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...disruption of work process.” (Dan Hartshorn, 2003 ‘Solving Accident Investigation Problems’). There are two types of accident investigations; the first being an Accident report. This report is completed when the accident in question represents only a minor incident. It often answers the questions of ‘who’, ‘what’, ‘where’, and ‘when’ the incident occurred. The other form of Accident Investigation is and Accident-Analysis report. This is completed when the accident in question is serious and also addresses the concerns of the previously four ‘W’s’ with the addition of asking ‘why’ the incident took place. During his opening speech at the National Symposium, which was hosted by the Occupational Safety and Health Authority and Agency, Minister of Labour and Small Micro Enterprise Development Errol McLeod stated that inadequate risk assessments and failure to implement safe systems of work were contributors in more than seventy percent of the accidents that involved persons employed in the Manufacturing Sector. Upon inspections carried out by the OSH Agency, the Minister also revealed that there were under-reporting of accidents, deficiencies in contractor management and non-conformance to the requirements of the OSH Act in respect of the establishing and functioning of Safety and Health Committees. According to the OSH Act 2004, Amended and Updated, it mentions in Section 6, subsection 1; “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the safety...
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