The Central Government and State Governments have taken Various legislative, administrative and e-governance initiatives to generate employment and to facilitate ease of doing business.
The term ‘labour’ means productive work especially physical work done for wages. Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees’ rights at work and through the contract for work. The law relating to labour and employment in India is primarily known under the broad category of “Industrial Law”. The prevailing social and economic conditions have been largely influential in shaping the Indian labour legislation, which regulate various aspects of work such as the number of hours of work, wages, social security and facilities provided.
List of Major Labour Laws in India
? The Trade Unions Act, 1926 ➨ Trade unions are a very strong medium to safe the rights of the employees. These unions have the power to compel higher management to accept their reasonable demands. ➨ Article 19(1)(c) of the Indian Constitution gives everyone the right “to form associations or unions”. The Trade Unions Act 1926, amended in 2001 and contains rules on governance and general rights of trade unions.
? The Payment of Wages Act 1936 ➨ This act ensures that workers must get wages/salaries on time and without any unauthorised deductions. ➨ Section 6 of the Wages Act 1936 says that workers must be paid in money rather than in kind.
? Industrial Disputes Act 1947 ➨ This act has the provisions regarding the fair dismissal of permanent employees. ➨ As per this law, a worker who has been employed for more than a year can only be dismissed if permission is sought from and granted by the appropriate government office/concerned authority. ➨ A worker must be given valid reasons before dismissal. An employee of permanent job nature can only be terminated for proven misconduct or for habitual absence from the office.
? Minimum Wages Act, 1948 ➨ This act ensures minimum wage/salary to workers of different economic sectors. State and Central governments have the power to decide wages according to the kind of work and location.
? Maternity Benefits Act, 1961 ➨ This Act entitles maternity leave for pregnant women employees i.e. full payment despite absence from work. ➨ As per this act, female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave. ➨ All the organised and un-organised offices that have more than 10 employees shall implement this act. ➨ This act has been amended in 2017.
? Sexual Harassment of Women employees at Workplace Act, 2013 ➨ This act prohibits any kind of sexual Harassment of the women workers at the workplace. ➨ This Act came into force from 9 December 2013. ➨ This act must be implemented by all public or private and organised or unorganised sectors that have more than 10 employees. ➨ This act covers all women, irrespective of her age or employment status. Most Indian employers did not implement this law.