notes on labour law, the industrial employment(standing orders)act 1946, Industrial Disputes act

LABOUR LAW

• Labour Law is the body of laws, administrative rulings, and precedents which address the relationship between and among employers, employees, and labor organizations, often dealing with issues of public law”.
• Labour Laws harmonize many angles of the relationship between trade unions, employers and employees.
• The final goal of labour law is to bring both the employer and the employee on the same level, thereby mitigating the differences between the two ever-warring groups.
  

Classification of Various Labour Laws

Labour Laws can be classified into the following eight categories:

1. Laws related to Industrial Relations
2. Laws related to Wages
3. Laws related to Specific Industries
4. Laws related to Equality and Empowerment of Women
5. Laws related to Deprived and Disadvantaged Sections of the Society
6. Laws related to Social Security
7. Laws related to Employment & Training
8. Others
   
   

1. Laws related to Industrial Relations

1 The Trade Unions Act, 1926

2 The Industrial Employment (Standing Orders) Act, 1946

The Industrial Employment (Standing Orders) Rules, 1946

3 The Industrial Disputes Act, 1947.

(ii) Laws related to Wages

1 The Payment of Wages Act, 1936

The Payment of Wages Rules, 1937

2 The Minimum Wages Act, 1948

The Minimum Wages (Central) Rules, 1950

3 The Working Journalist (Fixation of Rates of Wages) Act, 1958

Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957

4 The Payment of Bonus Act, 1965

The Payment of Bonus Rules, 1975

(iii)Laws related to Specific Industries

1.The Factories Act, 1948

2.The Plantation Labour Act, 1951

3.The Mines Act, 1952

4.The Beedi Workers Welfare Fund Act, 1976

5.The Beedi Workers Welfare Cess Act, 1976.

(iv)Laws related to Equality and Empowerment of Women

1 The Maternity Benefit Act, 1961

2 The Equal Remuneration Act, 1976

(v) Laws related to Deprived and Disadvantaged Sections of the Society

1 The Bonded Labour System (Abolition) Act, 1976

2 The Child Labour (Prohibition & Regulation) Act, 1986

(vi) Laws related to Social Security

1 The Workmen’s Compensation Act, 1923

2 The Employees’ State Insurance Act, 1948

3 The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952

4 The Payment of Gratuity Act, 1972

(vii) Laws related to Employment & Training

1 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959

2 The Apprentices Act, 1961

(viii) Others

1 The Fatal Accidents Act, 1855

2 The War Injuries Ordinance Act, 1943

3 The Weekly Holiday Act, 1942

4 The National and Festival Holidays Act.

the industrial employment(standing orders)act,1946

• Standing order defines the conditions of recruitment, discharge, disciplinary action, holidays, leaves, etc.
• It applies to every Industrial establishment wherein 100 or more workmen are employed or were employed on any day of the preceding 12 months.

• Objectives of the Act
• clearly defining the conditions of recruitment, discharge, disciplinary action, holidays, leaves, etc.help greatly to minimise friction.
• Act enables precise stating of terms and conditions of employment
• Act ensures uniformity in terms and conditions of employment
• Act helps to regulate standards of conduct of the employer and establish a basis for harmonious labour management relationship
• Act specifies the duties and responsibilities of both employees and employers
• Provides redressal of grievances arising out of employment.
• It extends to the whole of India.
• It applies to every industrial establishment wherein one hundred or more workmen or employed.

Matters To Be Provided In Standing Order

• Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
• Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
• Shift working.
• Attendance and late coming.
• Any other matter which may be prescribed.
• Suspension or dismissal for misconduct

Industrial Disputes act

• An industrial dispute may be defined as a conflict or difference of opinion between management and workers on the terms of employment. It is a disagreement between an employer and employees' representative.
• When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other. The management may resort to lockouts while the workers may resort to strikes.

As per Section 2(k) of Industrial Disputes Act,1947, an industrial dispute in defined as any dispute or difference between employers and employers, or between

employers and workmen, or between workmen and which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person.

• This definition includes all the aspects of a dispute. It, not only includes the disagreement between employees and employers, but also emphasizes the difference of opinion between worker and worker. The disputes generally arise on account of poor wage structure or poor working conditions. This disagreement or difference could be on any matter concerning the workers individually or collectively. It must be connected with employment or non-employment or with the conditions of labor.
• For the employee, an industrial dispute entails loss of income. The regular income by way of wages and allowance ceases, and great hardship may be caused to the worker and his family. Employees also suffer from personal injury if they indulge into strikes n picketing; and the psychological and physical consequences of forced idleness. The threat of loss of employment in case of failure to settle the dispute advantageously, or the threat of reprisal action by employers also exists.