MS- 28

1. MS- 28 Labour Laws

2. Block – 1 Industrial Jurisprudence

3. An Overview "Labour is not a commodity" Constitutional Directives to Labour Laws The people of India resolved, on November 26, 1949, to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and secure to all its citizens. JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity of the Nation Presentation Title | September 14, 2014 | <document classification>

4. Labour legislation in India has sought to achieve the following objectives: • (1) Establishment of justice- Social, Political and Economic • (2) Provision of opportunities to all workers, irrespective of caste, creed, religion, beliefs, for the development of their personality. • (3) Protection of weaker section in the community. • (4) Maintenance of Industrial Peace. • (5) Creation of conditions for economic growth. • (6) Protection and improvement of labour standards. • (7) Protect workers from exploitation: • (8) Guarantee right of workmen to combine and form association or unions. • (9) Ensure right of workmen to bargain collectively for the betterment of their service conditions. Presentation Title | September 14, 2014 | <document classification>

5. The Protective Labour Legislations • Factories Act,1948 • The Mines Act,1952 • The Plantations Labour Act,1951 • The Motor Transport Workers Act,1961 • The Shops and Establishments Acts • Beedi and Cigar Workers Act 1966 Presentation Title | September 14, 2014 | <document classification>

6. Wage-Related Labour Legislations • The Payment of Wages Act,1936 • The Minimum Wages Act, 1948 • The Payment of Bonus Act, 1965 • The Equal Remuneration Act, 1976 Presentation Title | September 14, 2014 | <document classification>

7. Social Security Labour Legislations • The Workmen's Compensation Act, 1923 • The Employees' State Insurance Act, 1948 • The Coal Mines PF Act, 1948. • The Employees PF and Miscellaneous Provisions Act, 1952 • The Maternity Benefit Act, 1961 • Payment of Gratuity Act, 1972 Presentation Title | September 14, 2014 | <document classification>

8. Welfare Labour Legislations • Limestone and Dolomite Mines Labour Welfare Fund Act, 1972. • The Mica Mines Welfare Fund Act, 1946 • The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976 • The Cine Workers Welfare Fund Act, 1981. • In addition, some state governments have also enacted legislations for welfare funds. • Beedi Workers Welfare Fund Act, 1976 Presentation Title | September 14, 2014 | <document classification>

9. Miscellaneous • The Contract Labour (Regulation & Abolition) Act, 1970 • Child Labour (Prohibition and Regulation) Act 1986 • Building and other construction workers (Regulation of Employment and Conditions of Service) Act 1996 • Apprentices Act 1961 • Emigration Act, 1983 • Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 • Inter State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 • Sales Promotion Employees (Condition of Service) Act 1976 • Working Journalists and other Newspapers Employees (Condition of Service and Miscellaneous Provision) Act, 1955. Presentation Title | September 14, 2014 | <document classification>

10. The evolution of labour jurisprudence is the culmination of the incessant struggle waged by the workers', all over the world for just and better conditions of work as well as security of their jub. Labour legislations have now acquired the status of a separate branch of jurisprudence because of its special features and changing juristic ideas. Therefore, an idea about its concept, origin, development, objectives and classification etc. will be of immense help to comprehend its principles. Presentation Title | September 14, 2014 | <document classification>

11. Various Acts • The Factories Act • The Contract Labour (R&A) Act • The Payment of Wages Act • The Minimum Wages Act • The Payment of Bonus Act • The Employment Exchanges Act • The Provident Fund Act • The Profession Tax Act • The Workmens Compensation Act • The Maternity Benefit Act • The Industrial Employment (Standing Orders) Act • The Bombay Labour Welfare Fund Act • The Payment of Gratuity Act • The Bombay Shops and Establishment Act • The Industrial Disputes Act • The Water (Prevention & Control of Pollution) Act • The Maharashtra Recognition of Trade Union (MRTU) and • Prevention of Unfair Labour Practices (PULP) Act • The Employees’ State Insurance Act Presentation Title | September 14, 2014 | <document classification>

12. Block - 2 Laws on Working Conditions

13. The Factories Act Applicability : Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power, where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power. Scope : An Act to consolidate and amend the law regulating labour in factories Comments : This Act covers basic rules and regulations for starting of a new factory and maintaining it consistently under the conditions prescribed in the Act for safety and health and welfare of the employees. Presentation Title | September 14, 2014 | <document classification>

14. INTRODUCTION In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers. Presentation Title | September 14, 2014 | <document classification>

15. Definition of a Factory:- “Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereof- • Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or • Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on; But does not include a mine subject to the operation of the Mines Act,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place. Presentation Title | September 14, 2014 | <document classification>

16. The Factories Act • The objective of the Act is to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances. • This act also regulates the working conditions of contract labourers. • The responsibility for administration of the Act rests with the State Governments who administer it through their own factory inspectorates. Presentation Title | September 14, 2014 | <document classification>

17. The Factories Act Presentation Title | September 14, 2014 | <document classification>

18. Presentation Title | September 14, 2014 | <document classification>

19. The Mines Act • It aims at providing for safe as well as proper working conditions in mines & certain amenities to the workers employed therein. • The Director General of Mines Safety is entrusted with the responsibility of enforcing the Act in mines other than coal mines. Presentation Title | September 14, 2014 | <document classification>

20. The Shops and Establishment Act Applicability : Every Shop and Establishment which is not a Factory under The Factories Act. Scope :An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places, public amusement or entertainment and other establishments. Comments : This Act covers every shop and establishments which is not a factory and regulates the conditions of employment. The employer has to obtain a license from the authority under the Act and renew it regularly before the expiry. Presentation Title | September 14, 2014 | <document classification>

21. The Act regulates ,the daily & weekly hours of work, rest interval, opening & closing hours of establishments, payment of wages etc…. • The State Governments are empowered to extend the application of the Act to such other areas or to such categories of undertakings in such areas as they may consider necessary. Presentation Title | September 14, 2014 | <document classification>

22. The Plantations Labour Act, • It is to provide for the welfare of labour & to regulate the conditions of work in plantations. • It is the responsibility of the respective State Governments, who may appoint a Chief Inspector of Plantations together with such ancillary staff as may be needed. Presentation Title | September 14, 2014 | <document classification>

23. The Plantations Labour Act • The enforcement of the act is responsibility of the respective State Governments, who may appoint a chief Inspector of Plantations together with such ancillary staff as may be needed. Presentation Title | September 14, 2014 | <document classification>

24. The Contract Labour (Regulation & Abolition) Act Applicability : Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities, to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen. Scope : An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. Comments :The principle employer and the contractor should obtain a permission by applying for registration to The Competent Authority. Presentation Title | September 14, 2014 | <document classification>

25. The Act applies to (i) every establishment in which 20 or more workmen are applied or were employed on an of the preceeding twelve months as contract labour;(ii) every contract who employs or employed 20 or more workmen on any day of the preceeding 12 months. • The appropriate government may, after consultation with the Central Board or case may be , a State Board, prohibit the employment of contract labour in any process , operation or other work in any establishment as may be notified by it in the official Gazette. Presentation Title | September 14, 2014 | <document classification>

26. Child Labor Act 1986 Presentation Title | September 14, 2014 | <document classification>

27. Come to me, all of you who are tired from carrying heavy loads, and I will give you rest. IF CHILD LABOUR IS THE QUESTION TH E ANSWER IS....... Humanity minus Love and Kindness, Watching a Child in Labour is hard, But, Hard is the Labour for a Child, A Child may bend its head for Labour, But, We bend our heads because of Child Labour, We have to mend this subject With the object --- Humanity Presentation Title | September 14, 2014 | <document classification>

28. To prohibit the engagement of children in certain employment’s To regulate the conditions of work or children in certain other employment’s. Objective: Presentation Title | September 14, 2014 | <document classification>

29. Applicability: In extends to the whole of India. Presentation Title | September 14, 2014 | <document classification>

30. Definition: Child: Child means a person who has not completed his fourteen years of age. Presentation Title | September 14, 2014 | <document classification>

31. PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES: No child shall be employed or permitted to work in any of the following occupations: Set forth in part of ‘A’ of the schedule or in any workshop where in any of the process set forth in part ‘B’ of the schedule to this Act - Presentation Title | September 14, 2014 | <document classification>

32. PART-A • Transport of passengers, goods; or mails by railway 2. Cinder picking, clearing of an ash pit or building operation in the railway premise. 3. Work in a catering establishment at a railway station, involving the movement of vendor or any other employee of the establishment from one platform to another or into or out of a moving train. 4. Work relating to the construction of railway station or with any other work where such work is done in close proximity to or between the railway lines. 5. The port authority within the limits of any port. Presentation Title | September 14, 2014 | <document classification>

33. 6. Work relating to selling of crackers and fireworks in shops with temporary licenses 7. Abattoirs/slaughter Houses Automobile workshops and garages. 8. Foundries 9. Handling of taxies or inflammable substance or explosives 10. Handloom and power loom industry 11. Mines (Under ground and under water) and collieries 12. Plastic units and Fiber glass work ship Presentation Title | September 14, 2014 | <document classification>

34. In anyworkshop wherein any of the following processes is carried on. (1) Bidi-making. (2) Carpet-weaving. (3) Cement manufacture, including bagging of cement. (4) Cloth printing, dyeing and weaving. (5) manufacture of matches, explosives and fire works. (6) Mica-cutting and splitting. (7) Shellac manufacture. (8) Soap manufacture. (9) Wool-cleaning. (10) Building and construction industry. Presentation Title | September 14, 2014 | <document classification>

35. CHILD LABOUR TECHNICAL ADVISORY COMMITTEE: • The Central Government may, by notification in the Official Gazette, constitute an advisory committee to be called the Child Labour Technical Advisory Committee to advise the Central Government for the purpose of addition of occupations and processes to the Schedule. (2)The Committee shall consist of a Chairman and such other members not exceeding ten, As may be appointed by the Central Government. (3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure. Presentation Title | September 14, 2014 | <document classification>

36. 4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed. Presentation Title | September 14, 2014 | <document classification>

37. HOURS AND PERIOD OF WORK FOR CHILDREN: No child shall be required or permitted to work in any establishment in excess of number of hours as may be prescribed for such establishment or class of establishment. The period of work on each day shall be so fixed that no child shall work for more than three hours before he has had an interval for rest for at least one hour. No child shall be permitted or required to work between 7 P.m. and 8 a.m. No child shall be required or permitted to work overtime. No child shall be required to work in any Establishment On any day on which he already been working in another establishment. Presentation Title | September 14, 2014 | <document classification>

38. Weekly holidays– Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. Presentation Title | September 14, 2014 | <document classification>

39. Notice to inspector -(1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particular, s namely:- (a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. Presentation Title | September 14, 2014 | <document classification>

40. DISPUTES AS TO AGE: If any question arises between an inspector and an occupier as to the age of any child, in the absence of a certificate in Form-C as to the age of such child granted by the prescribed medical authority, be referred by the inspector fordecision to the prescribed medical authority. ( A govt. medical officer not below the rank of an Assistant surgeon of a district or on officers having equivalent rank in ESI Dispensaries or hospitals). Presentation Title | September 14, 2014 | <document classification>

41. MAINTAINENCE OF REGISTER – There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing- (a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled; (c) the nature of work of any such child; and (d) such other particulars as may be prescribed. Presentation Title | September 14, 2014 | <document classification>

42. PENALITIES: Violations under section 3 of this act shall be punishable with imprisonment which shall not be less than three months which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. Continuing offence under shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. Any other violations under the Act shall be punishable with simple imprisonment, which may extend to one month or with fine, which may extend to ten thousand rupees or with both. Presentation Title | September 14, 2014 | <document classification>

43. WHO CAN FILE PROSPECUTIONS: • Any person 2. Police Officer 3. Inspector appointed under the Act . Presentation Title | September 14, 2014 | <document classification>

44. No one is born as street kids in the real sense of the word.  It is the society and the evils of the systems that shapes the children into street children… Presentation Title | September 14, 2014 | <document classification>

45. The Contract Labour (Regulation & Abolition) Act Presentation Title | September 14, 2014 | <document classification>

46. Block - 3 Laws on Industrial relations

47. The Trade Unions Act,1926 • The main objects of the Union act is to provide for the registration of trade unions , and confer a legal & corporate status on registered trade unions. • This Act provides immunity from civil & criminal liability to trade union executives and members for bona fide trade union activities. • The Registrar of Trade unions is empowered to grant registration to the trade unions under the Act. Presentation Title | September 14, 2014 | <document classification>

48. The Trade Unions Act,1926 • OBJECT: To provide for the registration of trade unions and to define law relating to • registered trade unions. • APPLICABILITY: It extends to the whole of India. • TRADE UNIONS: means any combination whether temporary or permanent formed • primarily for the purpose of regulating the relations between workmen and employers for • imposing restrictive conditions on the conduct of any trade or business, and includes any • federation of two or more trade unions. Presentation Title | September 14, 2014 | <document classification>

49. The Industrial Disputes Act Applicability : Every factory Scope : An Act to make provisions for the investigation and settlement of industrial disputes and for certain other purpose Comments : The act describes the meaning, legality and rules regarding Strike, Lock-out, Lay-off and Retrenchment. It also describes the procedure of making complaints to the competent authority and the settlement thereof. Presentation Title | September 14, 2014 | <document classification>

50. The Act has defined the term “appropriate government” which includes both Central & State Governments. • The Act prescribes pre-conditions for the legality of strikes & lockouts. • The Act provides for payment of compensation to workmen in cases of lay-off, retrenchment, and closure. Presentation Title | September 14, 2014 | <document classification>