File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Labor laws: An overview of Indian Legislation

In India, after independence, the primary concern is social justice which includes factories and laborers which have a bulk population that cherishes both social and economic justice. The Universal Declaration of Human Rights also recognizes social security, economic, and cultural rights, and also freedom and free development of society for every member of the society.

The economic and social-cultural conditions have mainly influenced Indian labour legislation which mainly regulates the different number of hours of work, wages, social security, and facilities provided. Labor legislation has been comprehensively discussed such as The Employee's Compensation Act 2017, The Payment of Wages Act 2017, and the Equal Remuneration Act which prevails in India

In the globalizing world Industrial relations are changing promptly, and the disturbance in relations causes problems such as strikes, and lockouts set ablaze. It is imperative to have collaboration between management and labors. There must be harmony between them for social, economic, and political development. The mutual relationship between labor and employees leads to the success of an industry.

Understanding Labour Legislation in India

In India, at present, there are more than 40 existing enactments that regulate the social security and rights of the workers/employees. The courts also reiterated the legislative principles and laid down principles for labor conduct in India. The intrinsic objective is the growth of labor legislation. Well-established legislation is the backbone of the industrial sector which provides smooth functioning of the labour industry Some of them are as enumerated -

The Industrial Disputes Act of 1947 is a basic law that governs industrial relations. The statute provides protection of interest of employers as well as employees. The economic justice has been ensured. A justiciable wage structure and timely payment has been ensured. This act also supports collective bargaining. The industrial disputes are dealt with by referring to the appropriate government by labor cum Conciliation officer in the form of a failure report The adjudication is referred to a Labour court or labor tribunal. This act creates a balance between employer and employees

The Trade Union Act,1926. This act intends to unite the workmen and protect their service conditions and interests. There is an antiquity in events such as in 1890 the association formed like a trade union but did not strictly adhere to it. After the First World War problems started emerging such as hikes in prices, and political upsurges this led to strikes which resulted in the strengthening of trade unions and then eventuated the establishment of the International Labour Organisation. India after independence saw the development of the Trade Union Act. The rule of collective bargaining also given place in the Industrial Dispute Act

The Employees Compensation Act 1923 provides economic security in case of misshape to workmen. The dependents get compensation after the death of the laborer. The problem of labor-management relations became substantial to have social insurance. The act intends to provide compensation in case of any injury during working hours that may occur due to increased use of machinery. This protects the labourers in times of hardship

The Payment of Wages Act 1936 This legislation provides imposition of fines by employers on workers and even deduction. The Royal Commission on Labour in India made some valuable recommendations. The present act follows regarding fines for essential deductions Factories Act 1948 ensures good health, canteen, rest, etc. for better lives of workmen This act states provisions such as employment of children above 14 years and women are prohibited to work overtime after 6 AM to 7 PM. It also abolishes the distinction between seasonal and nonseason factories.

The Payment of Bonus Act,1965 This act rewards a sincere employee for the profit of the industry. It is not an ex gratia payment. This act applies to all factories and every establishment where twenty or more workmen are working, it provides a minimum bonus of 8.33percent of

The Maternity Benefit Act of 1972 this act was passed with respect to women to recognize their hardship properly during and after pregnancy. Women are entitled to wages in their maternity leave. Thus act has changed the status of a victim lady into a lady of free

The retired workmen get their reward for continuous service in the Payment of Gratuity Act, of 1972 , This act helped to form and regulate the gratuity and it is not pension.

The Employee's Provident Funds And Miscellaneous Provisions Act 1952 provides pension funds, and deposit-linked insurance funds for employees in the factories. It is a provident fund scheme where the employer and employees share the fund the amounts gets deducted from the wages

The Child Labor (Prohibition and Regulation) Act 1986 is a law that prohibits child labor. The Geneva Declaration pertaining to the rights of children has been adopted in this law. The preamble of the declaration expresses the concern of the international community about child welfare. The Equal Remuneration Act 1976 provides equal wages to permanent employees providing the duties to be same. Article 39 of the Constitution principle of equal pay for an equal place.

Employee State Insurance Act, 1948 which provides social insurance in order to secure is a medical security to the insured person and the family members. This act is applicable where in any institution more than 10 employees earn a minimum of Rs 15,000.It provides benefits such as unemployment allowance, death benefit, maternity benefit, medical benefit, sickness benefit, benefits for dependents, and disability benefits.

The sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) act 2013 (POSH ) This act deals with any sexual harassment of women and also acts such as physical touch, contact, sexual advances, a demand or request favors, making the sexually colored remark, showing pornography and other non-verbal or verbal conduct of sexual nature is covered. In accordance with the only company law all employees whether regularly, temporarily, contractually on an ad hoc or daily wages, women employees, interns, and principal employees can seek redressal

It also defines the workplace beyond the traditional approach It also includes telecommuting and places visited by employees for work . It applies to the private and public sector

The complaint mechanism includes (ICC )Internal Complaints Committee where women can file formal complaints. It has to be headed by women. This act also mandates having a Local Committee( LC) at the district level Employees such as domestic workers, and home-based workers can also file their complaints.

Public Grievances

The government provides a Department of Administrative Reform and Public Grievance for providing citizens to redress their grievances through the website

The Ministry of Labor and Employment (MOLE) has a Nodal Public Grievance Cell in the Ministry which forwards and overlooks all the grievances. It can be done both through online and offline modes. These grievances are dealt with and reviewed by the Ministry at the highest level of secretary /additional secretary (L &E) on a regular basis.

Any person having a grievance The various organizations of the Ministry such as EPFO, ESIC, AND Chief Labour Commissioner ministry or any organization can file either online or offline to the CPGRAMS portal.

The dissatisfaction among the management and labours, and insecurity in them is the root cause of the breakdown of Industrial relations. The major reason behind it is a communication gap between employees and employers. In India as a poor state wages are a means of livelihood, and laborer wages are everything. One-fourth of strikes are caused due to low wage rates, instances such as illegal wage cuts are also resented by the workers. Collective bargaining is the one mechanism where workers represent themselves.

The concept of minimum wage is flexible in India and very dynamic, fixation and frequent changes are not enough its enforcement must be effective to benefit laborers. Social security against common risks such as life, employment injury, occupational diseases widowhood, old age, orphanhood, etc It is necessary to provide security because without it an average citizen can never live or rather, die peacefully because such risks are not only numerous but their incidence is also fairly high and complex.

There could be a useful measure for bringing out good results for harmonious industrial relations between management and employees both counterparts are necessary like the example of a sound mind in a sound body, both counterparts are necessary for each other. The welfare of one part affects another.

If the management is working well, the wisdom of employees is also expected same. Likewise, if the employees are satisfied with good conditions then will support the management. True management should have a welfare approach to give due care, fair,justful steps.

The manager's role should be balanced and complete adopting fair and just methods They should identify steps before taking steps to decide on goals, the course of action to be adopted lastly emergency steps to be thought in advance, A Good atmosphere industry must be created between employees and employers. On the other hand, employees also should not use strikes as a weapon .Industrial Relations are crucial and complex. In brief faith is needed on both sides for functioning

  1. Understanding Labour Laws in India - S.S. Rana & Co. (2023, June 26). S.S. Rana & Co.
  2. Code on Wages Ministry of Labour & Employment|Government of India. (n.d.)
  3. 2013 - Regulations And Implementations. Lexology.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly