Labour laws in India are described here. India being a developing country has a lot of employment to offer to the general public. Wherever there is a relation of one servant and mentor that means the servant is the labour on the other hand. Labour, however, is that person who provides the service to the one who has hired him/her for such and such work. On the part of the Employer, there exists certain rights and duties, whereas the same is for on the part of the Employee as well.
The foremost thing that must be taken care of is about what laws apply to which sector of the company/Industry and what type of Company/Industry is it as well. A company/Factory/Industry has a different meaning within the Ministry of Labour & Employment. There are different Acts which the legislature has prepared and such acts have been followed by the different states in India.
When running out a huge large scale Industry there are surely chances that you will have disputes within it as well, the Acts take care of the disputes formed under the Industrial Dispute Act, which is considered as the basic start off in the Labour Law. The Acts have mentioned separate provisions on the side of the Women for allowing them to work as well and not be limited to household things only.
Top 10 Labour Laws in India
Here is the list of labour laws in India that you must know:
1. The Industrial Dispute Act, 1947
To begin with, the important Act that is in existence to maintain peace among the employers and the employee is the Industrial Dispute Act. The purpose of bringing this act into the legislature is that when there are people of two different posts are involved there are chances of them getting into a fight where the ideas may conflict or the Employees may have problem with the Employers.
There can be many reasons that can cause a disturbance between the two parties and this cold war can surely affect the working of the Industry. To avoid such a situation the Act believes in appointing certain Tribunals, Courts of Enquiry, Labour Courts and National Tribunals where they can put forward their grievances and some settlement can be brought up in.
2. Trade Union Act, 1926
In a company or an industry, there is always a group of people who form a trade union to represent themselves. These group members have to get themselves registered under this Act to be legally recognised as that part of the Company or an Industry. Just as a company before forming up gets registered by following the various procedure mentioned in the Companies Act, 2013.
On similar grounds, this Trade Unions Act also provides up with the mode of registration, the minimum requirement of members to form a trade union, how to file an application for the registration and what are their further right and duties as well.
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3. Minimum Wages Act, 1948
Under this Act, the only rule that has been focused is that every workman who is working or giving a sought of service to the company/Industry/ Employer within the meaning of an Employee as defined by this act shall be paid by such Company/Industry/Workmen for the services they are giving. However, the fixation of the wages is different state-wise and is fixed by the State Government only by issuing a notice as a State Gazette to inform all such service providers.
Fixing of the minimum wage is important because the employees who are working under the employers should be aware of their right of getting this much wages without any deductions and in case any such deductions are found they can reach to the Tribunals and Courts formed under the Industrial Dispute Act, 1947.
4. Payment of Wages Act, 1936
Payment of Wages act can be said to be an extension of Minimum Wages Act, the whole purpose of having this act is that to make it the liability of the Employers to make sure that they pay up the wages to the class of labour under their Employment. It states the mode of payment that can be used to pay either by current coin or currency notes.
However, the employer on the consent of the employee’s permission can do a bank transfer as well of the payment of wages or through cheque.
5. Payment of Bonus Act, 1965
The bonus should be given to all the employees who are working in for the Industry/Factory/Company to encourage them to work more efficiently for the company. Bonus is given a form of token of appreciation to the workers, boosting up their confidence in the employed area will help them work with full concentration and interest.
Bonus is taken out from the profit that the company earns from the production of the particular product. However, the Bonus is paid only to those employees who have worked for at least a term of 30 days.
6. Employee’s State Insurance Act, 1948
Taking care of the employees in case of sickness, maternity or any injury or harm caused during employment is to be taken care off. Employees are working for the company giving out their time and energy, there has to be some provision that can provide them during their needy times.
After the Amendment under 2010 Bill, all those Employees be it temporary, casual having a salary less than 15,000 per month are covered under the Employee’s State Insurance Act.
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7. Factories Act, 1948
Under this Act is defined as the term Factory along with the workmen who work in factories as well. This gives out the layout of the provisions that what is working hours of the workmen in case of workmen being a man or woman, then comes the employment of the young person, along with the conditions if on leave and overtime work etc.
This Act focuses on the Factory which has 10 people working with the aid of power and 20 people working without the aid of power, they put forward the working hours for the woman as their safety is a matter of concern as well.
8. Child Labour Act, 1986
The Government prohibits on working of children below the age of 14 years in the factories which are of hazardous employment. Basically, it covers the children of below 14 years of age as well as above that who are eligible to work as well. It means the children who are below 14 years are not allowed to work in mines, factories which can harm them in a very small age.
However, beyond 14 years they have a fixed number of working hours in the factories along with proper leave given to them as per their needs.
9. Employee’s Compensation Act, 1923
This act aims at providing protection and security to the workmen as well as their families too. In case any causality occurs while they are on duty so their family will be compensated for the loss along with taking care of the other dependents of that workman as well.
Employee’s compensation act aims for taking care of the family of the workman in he/she deceases during their term of employment. However, the also have provisions for providing education in the family of the workman too.
10. Maternity Benefit Act, 1961
Pregnancy is a very crucial time for woman, they require a lot of rest and their health is one factor that should be taken care of. Certain women do come till their last date as much as they can come and work, but not all women can provide such kind of service and keeping the health status of every woman in mind during the pregnancy stage, this act has come into force. This act out forwards all the benefits that are given to the women and the amount of leave they can take as well during this stage.
These are few of the mentioned Labour Laws in India not all Acts are covered here. There still remains a lot of other Acts that have been made keeping in mind the work conditions of both the employers as well as the employees too. Law is one thing that changes as per the requirements and the changing society as well.
It is at times very difficult to understand on how the time has flied and what are the right and liabilities of the workers and the workman. Labour Law is one huge topic, because with the changes in society there are frequent changes/Amendments in the law as well. However, considering these top 10 points are the basic labour laws in India that one should be aware of and should take care of as well.