Labour Law of India : Read More : Article 1

1.The Factories Act, 1948 (Draft AMENDMENT Proposals)

Objective of the Act :

To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.

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2. Apprentices Act, 1961

The main purpose of the act is to provide practical training to technically qualified persons in various trades. The objective is promotion of new skilled manpower. The scheme is also extended to engineers and diploma holders.The Act applies to areas and industries as notified by Central government. [Section 1(4)].

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3. Employee State Insurance Act

Objective of the Act :

The ESI Act is a social welfare legislation enacted with the object of providing certain benefits to employees in case of sickness, maternity and employment injury. Under the Act, employees will receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers and compensation for fatal or other injuries and diseases.

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4.Employee Provident Fund and Mics provisions Act 1952.

An Act to provide for the institution of provident funds, pension funds and deposit linked insurance fund for the employees in the factories and other establishments. The Act extends to the whole of India except the State of Jammu and Kashmir.All factories and establishments in which 20 or more are employed

Contribution to EPF:

Employees’ share : 12% of the Basic + DA
Employer’s contribution : 12% to be deposited as
8.33% to be deposited in Pension Fund A/C No 10 and
The balance,
ie, 3.67% to be deposited in Provident Fund A/C No 01 along withEmployees’ share of 12%

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5. The employment exchanges(compulsory notification of vacancies)Act 1959

The main purpose of the Act is to provide for the compulsory notification of vacancies to employment exchanges. The employer is required on a compulsory basis, to notify to the Employment Exchanges all vacancies other than vacancies in unskilled categories, temporary vacancies and vacancies proposed to be filled through promotion and tender to the Employment Exchanges, return relating to the staff strengths at regular intervals.The Act extends to the whole of India.

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6.Industrial Disputes Act 1947

The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations.

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7.Exemption from furnishing returns & maintaining registered by certain establishment Act 1988.

The main objective of the Act is to exempt establishments employing a small number of persons from furnishing returns and maintaining registers under certain labour laws. This Act relieves the small companies from following cumbersome paperwork that is required under various labour laws both at the Central and State level thereby reducing the compliance requirement under various labour laws.

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8.The payment of bonus act 1965

The payment of Bonus Act provides for payment of bonus to persons employed in certain establishments of the basis of profits or on the basis of production or productivity and for matters connected therewith.It extends to the whole of India and is applicable to every factory and to every other establishment where 20 or more workmen are employed on any day during an accounting year.

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9.Payment of Gratuity Act, 1972

The Act provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. The Act enforces the payment of ‘gratuity’, a reward for long service, as a statutory retiral benefit. Every employee irrespective of his wages is entitled to receive gratuity if he has rendered continuous service of 5 years or more than 5 years.

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10. The workmen compensation act 1923

The Workmen’s Compensation Act, aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen.

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11.The Trade Union Act, 1926:

The Trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining

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12.The shops & establishment act

The Shops and Establishment Act is a state legislation and each state has framed its own Act and Rules for the Act. The object of this Act is to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act is applicable to all persons employed in an establishment with or without wages, except the members of the employers’ family.

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13.The payment of wages act, 1936

The Act will apply to persons employed in any factory or employed (otherwise than in a factory) upon any railway by a railway
administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment.

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14.Minimum Wages Act, 1948

The concept of Minimum Wages was first evolved by ILO in 1928 with reference to remuneration of workers in those industries where the, level of wages was substantially low and the labour was vulnerable to exploitation, being not well organised and having less effective bargaining power. The need for a legislation for fixation of minimum wages in India received boost after World War – II when a draft bill was considered by the Indian Labour Conference in 1945. On the recommendation of the 8th Standing Labour Committee, the Minimum Wages Bill was introduced in the Central Legislative assembly on 11.4.1946 to provide for fixation of minimum wages in certain employments. The Minimum Wages Bill was passed by the Indian Dominion Legislature and came into force on 15th March, 1948. Under the Act both State and Central Government are “Appropriate
Governments” for fixation/revision of minimum rates of wages for employments covered by the Schedule to the Act.

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15.Maternity Benefits Act, 1961

Motherhood is a very special experience in a woman’s life. A woman needs to be able to give quality time to her child without having to worry about whether she will lose her job and her source of income. That is where the concept of maternity leave and the benefits it entails, comes in handy. The Maternity Benefits Act, 1961, gives her the assurance that her rights will be looked after while she is at home to care for her child.

The object of the Act is to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefits and certain other benefits.

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