Industrial relation = interactions between employers (businessmen/bosses), employees (workers) and the government (which makes the laws for them).
Labour laws = made by Government, they deal with a worker’s well being in the office: for example working hours, hiring and firing, maternity leave, pension, union formation etc.
Maternity Benefit Act
Women in the labour force who have been employed for 160 days in a year to provide leave with pay and medical benefit.
Vishaka Case - SC gave the guidelines regarding protection of women @work places against sexual harassment.
Sexual harassment of working women amounts to violation of rights of gender equality judgment also laid down the definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for creating awareness of the rights of women workers.
Employer must provide crèches in factories where more than 25 women are employed.
Equal Remuneration Act
For the payment of equal remuneration to men and women workers for same or similar nature of work.
Factory Act (1948)
Mines Act (1952)
Beedi and Cigar Workers (condition of employment act)(1966)
Contract Labour regulation and abolition (1970)
Inter state migrant Workmen regulation condition of service act (1979)
Building and other construction worker (regulation and service condition) Act (1996)
Bounded labour Abollition Act (1976)
Labour (prohibition and regulation Act)(1986)
Children (pledging of labour) Act (1933)
Trade union Act, 1926
Industrial employment standing order Act, 1946
Industrial Dispute Act, 1947
Payment Wages Act, 1936
Minimum Wage Act, 1948
Payment of bonus Act, 1965
Maternity benefit Act, 1961
Equal remunaration Act, 1976
Workmens compensation Act, 1923
Payment gratuity Act, 1972
Gives immunity to the trade unions against certain forms of civil and criminal action.
Provides for registration, internal democracy, a role for outsiders.
Permission for raising a political fund subject to separate accounting requirements.
Right to register a trade union however does not mean that the employer must recognise the union – there is in fact no law which provides for recognition of trade unions and consequently no legal compulsion for employers, even in the organised sector, to enter into collective bargaining.
This law governs the methods to fix minimum wages in scheduled industries (which may vary from state to state).
Workers have the right to strike, even without giving notice to their boss, unless it involves a public utility service.
Employers (bosses) have the right to lockout, subject to the same conditions as a strike.To solve the strike/lockout, both parties can engage with negotiation/talks.
If that fails, they can go to government appointed conciliation officer whose intervention may produce a settlement, which is then registered in the labour department and becomes binding on all parties.
If that fails then parties can go for arbitration (private judge) or labour court.
A company with more than 100 workers must get Government’s permission before mass layoffs or closing down business.
Employer cannot change the existing service conditions / salary of a worker unilaterally without giving a notice of 21 days to the workers and the union.
A permanent worker can be removed from service only for proven misconduct or for habitual absence – due to ill health, alcoholism and the like, or on attaining retirement age. In other words the doctrine of ‘hire and fire’ is not approved within the existing legal framework.
An employee can challenge the dismissal order in the labour court. Industrial Disputes Act provides for setting up of Labour courts and Industrial tribunals.
Labour Courts deal with matters pertaining to discharge and dismissal of workmen legality of strikes of lock outs etc.
Industrial Tribunals deal with collective disputes such aswages, hours of work, leave,retrenchment, closure of a company + all matters which come under the jurisdiction of Labour Courts.
A settlement arrived at in the course of labour court/ industrial tribunals is binding on all parties to an industrial dispute.
Covers all cases of accident arising out of and in the course of employment’ and the rate of compensation The injured person, or in case of death the dependent, can claim the compensation. This law applies to the unorganised sectors and to those in the organised sectors who are not covered by the Employees State Insurance Scheme
Provides a scheme under which the employer and the employee must contribute a certain percentage of the monthly wage to the Insurance Corporation and it’ll run hospitals for them.
Those who have not been able to organise themselves in pursuit of common objectives on account of constraints like casual nature of employment, ignorance and illiteracy.
They do not enjoy sick leaves, maternity benefit, provident fund etc. facilities enjoyed by organized labourers.
But Government is making various schemes to help them out for example Aam Admi Bima Yojana, New Pension Scheme (N.P.S) etc.
91% of the working population is in the unorganised sector.
Example of unorganized labourers:
Small and marginal farmers
Landless agricultural labourers
Building construction workers
Workers in brick kilns and stone quarries
Newspaper,vegetable and fruit vendors
Established in 1919
HQ- Geneva, Switzerland
India is the founding member of ILO
International Labour Organization has a tripartite governing structure, (usually with a ratio of 2:1:1) representing governments,employers,workers.
Trade union is an association of either of employees or employers or of independent workers. It is formed to secure certain economic, social benefits of the workers.
Trade Union Amendment Act, 2001:- Indian parliament had passed the trade union amendment bill, 2000.
The bill was introduced with objectives to
To control multiplicity of trade unions
Establishing industrial democracy
Encourage well managed expansion of trade unions.
The amended act was introduced after incorporating the recommendations of the Ramanujan Committee. The act has following recommendations:-
Minimum 10% of total labour force or 100 workers in an organization (whichever is less) must be required to form trade union.
Number of members should not be less than 7 in any organization.
At least 5 members or 1\3 rd (whichever is less) should be employees of the same.
Annual contribution for trade union should not be less than Rs. 12.
All India Trade Union Congress (AITUC) in 1920, New Delhi.
Indian National Trade Union Congress (INTUC) on May 3, 1947, New Delhi.
Bhartiya Mazdoor Sangh (BMS) on July 27, 1955, New Delhi.
Centre for Indian Trade Unions (CITU) in 1970, New Delhi.
Hind Mazdoor Sabha (HMS) on Dec. 24, 1948, New Delhi.
All India Trade Union Centre (AIUTUC) on April 26-27, 1958, Kolkata.
Self-employed Women's Association of India (SEWA) in 1972, Ahmedabad.
Trade Union Coordination Centre in 1970.
All India Central Council of Trade UnionMay in 1989.