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 India provides for core
labour standards of ILO for welfare of
workers and to protect their interests. India has a number of
labour laws addressing various issues such as resolution of
industrial disputes, working conditions, labour compensation,
insurance, child labour, equal remuneration etc. Labour is a
subject in the concurrent list of the Indian Constitution and is
therefore in the jurisdiction of both central and state
governments. Both central and state governments have enacted
laws on labour issues. Central laws grant powers to officers
under central government in some cases and to the officers of
the state governments in some cases.
Website of Ministry of Labour and Employment, Government of
India is http://labour.nic.in
The main central laws dealing with labor issues are given below:
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Workmen’s Compensation Act 1923
Minimum Wages Act 1948
Payment of Wages Act 1936
Industrial Disputes Act 1947
Employees Provident Fund and Miscellaneous Provisions Act 1952
Payment of Bonus Act 1965 Payment of Gratuity Act 1972
Maternity Benefit Act 1961
Industrial Employment (Standing orders) Act 1946
List of various central labour laws
http://labour.nic.in/act/welcome.html
Workmen’s Compensation Act 1923
The Workmen’s Compensation Act provides that compensation shall
be provided to a workman for any injury suffered during the
course of his employment or to his dependents in the case of his
death. The Act provides for the rate at which compensation shall
be paid to an employee.
Workmen’s Compensation Act 1923
http://indiacode.nic.in/fullact1.asp?tfnm=192308
Minimum Wages Act 1948
The Minimum Wages Act prescribes minimum wages for all employees
in all establishments or working at home in certain employments
specified in the schedule of the Act. Central and State
Governments revise minimum wages specified in the schedule.
Minimum Wages Act 1948
http://indiacode.nic.in/fullact1.asp?tfnm=194811
Payment of Wages Act 1936
The Payment of Wages Act regulates issues relating to time
limits within which wages shall be distributed to employees and
that no deductions other than those authorized by the law are
made by the employers.
Payment of Wages Act 1936
http://indiacode.nic.in/fullact1.asp?tfnm=193604
Industrial Disputes Act 1947
The Industrial Disputes act 1947 provides for the investigation
and settlement of industrial disputes in an industrial
establishment relating to lockouts, layoffs, retrenchment etc.
It provides the machinery for the reconciliation and
adjudication of disputes or differences between the employees
and the employers. Industrial undertaking includes an
undertaking carrying any business, trade, manufacture etc.
The Act lays down the conditions that shall be complied before
the termination/retrenchment or layoff of a workman who has been
in continuous service for not less than one year under an
employer. The workman shall be given one month’s notice in
writing, indicating the reasons for retrenchment and the period
of the notice that has expired or the workman has been paid, in
lieu of such notice, wages for the period of the notice. The
workman shall also be paid compensation equivalent to 15 days’
average pay for each completed year of continuous service. A
notice shall also be served on the appropriate government.
Industrial Disputes Act 1947
http://indiacode.nic.in/fullact1.asp?tfnm=194714
Employees Provident Fund and Miscellaneous Provisions Act 1952
This Act seeks to ensure the financial security of the employees
in an establishment by providing for a system of compulsory
savings. The Act provides for establishments of a contributory
Provident Fund in which employees’ contribution shall be at
least equal to the contribution payable by the employer. Minimum
contribution by the employees shall be 10-12% of the wages. This
amount is payable to the employee after retirement and could
also be withdrawn partly for certain specified purposes.
Payment of Bonus Act 1965
The payment of Bonus Act provides for the payment of bonus to
persons employed in certain establishments on the basis of
profits or on the basis of production or productivity. The Act
is applicable to establishments employing 20 or more persons.
The minimum bonus, which an employer is required to pay even if
he suffers losses during the accounting year is 8.33% of the
salary.
Payment of Bonus Act 1965
http://indiacode.nic.in/fullact1.asp?tfnm=196521
Payment of Gratuity Act 1972
The Payment of Gratuity Act provides for a scheme for the
payment of gratuity to all employees in all establishments
employing ten or more employees to all types of workers.
Gratuity is payable to an employee on his retirement/resignation
at the rate of 15 days salary of the employee for each completed
year of service subject to a maximum of Rs. 350,000 ($ 7778).
Payment of Gratuity Act 1972
http://indiacode.nic.in/fullact1.asp?tfnm=197239
Maternity Benefit Act 1961
The Maternity Benefit Act regulates the employment of the women
in certain establishments for a prescribed period before and
after child birth and provides certain other benefits. The Act
does not apply to any factory or other establishment to which
the Employees State Insurance Act 1948 is applicable. Every
women employee who has actually worked in an establishment for a
period of at least 80 days during the 12 months immediately
proceeding the date of her expected delivery, is entitled to
receive maternity benefits under the Act. The employer is thus
required to pay maternity benefits and/or medical bonus and
allow maternity leave and nursing breaks.
Maternity Benefit Act 1961
http://indiacode.nic.in/fullact1.asp?tfnm=196153
Industrial Employment (Standing orders) Act 1946
The Industrial Employment Act requires employers in industrial
establishments to clearly define the conditions of employment by
issuing standing orders duly certified. Model standing orders
issued under the Act deal with classification of workmen,
holidays, shifts, payment of wages, leaves, termination etc.
Industrial Employment (Standing orders) Act 1946
http://indiacode.nic.in/fullact1.asp?tfnm=194620 |
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