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LABOUR LAWS, MAYDAY!

labour laws

The Law that states a clear intention between and among the employees and employers and also ensures protection of workers’ interests is known as Labor Laws. Due to the COVID-19 outbreak, Labor Laws relaxation resulted in the investor’s favor so that it attracts foreign investors to make an investment that may cause violations. State Governments seriously look into it to take initiative steps. Labor Laws fall under the Concurrent List. But both Central and State Governments can initiate Laws under the same.

WHAT LABOUR LAWS COVERS AND CATEGORIES INTO?

The Labor law covers the mentioned below: 

  • Industrial relations (certification of unions, labor‐management relations, collective bargaining, and unfair labor practices; 
  • Workplace health and safety;
  • Employment standards (general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures).

The 2 broad categories are as follows:

First collective labor law (the tripartite relationship between employee, employer, and union) and Second individual labor law concerns employees’ rights at work and through the contract.

LIST OUT THE LABOUR LAW ENACTMENTS IN INCREDIBLE INDIA?  
  • The Trade Unions Act, 1926
  • Payment of Wages Act, 1936 
  • Industrial Disputes Act, 1947
  • Minimum Wages Act, 1948
  • Factories Act, 1948
  • Maternity Benefits Act, 1961
  • Payment of Bonus Act, 1965
  • The Payments of Gratuity Act, 1972
  • Labor Law Compliance Rules
  • Provident Funds and Miscellaneous Provisions Act, 1952
  • Employees’ State Insurance
  • Sexual Harassment Act, 2013
  • The Maternity Benefit Act, 1961 

WHAT IS ‘ONE NATION, ONE PAYDAY’ SYSTEM?

The system ensures the following:

  • Single wage day every month across different sectors to make sure that workers are paid timely.
  • Uniform wages to safeguard the livelihood of workers in a better way.
  • Implementation of OSH and Single Page Code in various sectors to ensure proper Compliance which will make the business at ease.
  • And an Online System to track grievance redressal to ensure all problems are resolved within 2 Days which excludes physical interface. 

LABOUR LAW RULES AND ACTS IN INDIA

The formation enables more efficient systems of retrieval, and a mechanism that allows safeguard of employees and employers, and also ensures timely submission and collection of fees and dues. The act is made differently for each state that covers the larger scope of worker laws and that is why minimum wages and certain other compensations differ from one region to another. It ensures to protect their interests and seek counsel ensures the same are within prescribed rules. In addition to that if not complied with the rules then there will be heavy penalties.

WHAT ARE THE LABOUR LAW COMPLIANCES IN INDIA?

Mandatory for all companies, regardless of size and industry to comply with certain rules and governances which are intended at unifying and standardizing practices, by providing better opportunities for the employed, and also ensures more employment opportunities and encouraging the youth to be employed and skilled.

Non-compliance with laws can be very costly for companies. Ranging from loss of credibility to heavy penalties and sometimes even closure. The onus lies on companies to initiate and drive benefits.

AREAS UNDER EMPLOYMENT/LABOUR LAWS COMPLIANCE MANAGEMENT

The areas that come under Employment Laws Compliance Management are listed below:

  • Maintenance of Statutory Registers and Records 
  • Filing of Statutory Forms and Returns 
  • Ensuring Statutory Displays at Notice Boards
  • Adherence to Substantive Legal Provisions

WHAT ARE THE LABOUR LAWS AND REGULATIONS?

It promotes employment, employee retention, and also ensure lifelong benefits for employees and their families in the long run. In today’s technology, they are aimed at guaranteeing better insurance facilities for employees in healthcare and also by providing PF schemes during and after their tenure, and for their families in the case of demise. Ease of filing, automated systems, and elimination of redundancies has created a more systematic and best method of managing labor law.

WHAT ARE THE ELEMENTS OF LABOUR LAWS?

The Elements of workers are under nine broadheads and those are: 

  • employment; 
  • individual employment relationships; 
  • Remuneration and minimum wages; 
  • Work conditions (child labor and women employment); 
  • health and safety (welfare);
  • Security (liability); 
  • trade unions and industrial relations; 
  • the administration; and 
  • special provisions for particular occupational.

HOW ARE LABOUR RIGHTS CLASSIFIED?

  • Fundamental Rights 
  1. Article 14 Equality before the law 
  2. Article 16 Equality of opportunity 
  3. Article 19 Right to form associations or union 
  4. Article 21 Right to life 
  5. Article 23 Prohibition of trafficking and forced labor 
  6. Article 24 Prohibition of child labor under the age of 14 years
  • Directive Principles of State Policy 
  1. Article 38 promotes welfare and protect effectively  
  2. Article 39 Equal pay for equal work 
  3. Article 41 Right to work 
  4. Article 42 welfare for peoples
  5. Article 43 Right to a living wage 
  6. Article 43A Participation of workers in management.

WHAT ARE THE DRAWBACKS OF LABOUR LAWS?

The drawbacks are as follows:

  • Inflexible;
  • Non-protection;
  • Contract Labor;
  • Lack of training;
  • Retrenchment;
  • Unnecessarily complicated;
  • Not effectively implemented so that leads to corruption.

India is still unorganized and therefore the calls for dilution of labor laws to facilitate ease of doing business is one that suffers from the red herring fallacy. This is because the real need of the hour is to regularize the number of workers in the unorganized sector and to ensure that they receive adequate social security and welfare benefits. This will provide a real-time perspective on the labor market. Lastly, Nation is benefited all because of Labor’s achievements!!!

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