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LABOUR LAWS IN INDIA
Index
Particulars
1.

Page No.

Introduction
a)

History of Labour law

3

b) Evolution of Labour law in India

5

c)

6

Purpose of Labour Legislations

d) Constitutional provisions with regard to labour laws

6

e)

8

Labour Policy of India

2.

List of Labour laws in India

9

3.

Classification of labour laws in India

27

4.

Overview of important labour laws in India
a)

Apprentices Act, 1961

29

b) Employees State Insurance Act, 1948

36

c)

51

Employees Provident Fund And Misc. Provisions Act, 1952

d) The

Employment

Exchanges

(Compulsory

Notification

of

55

Vacancies) Act, 1959
e)

Factories Act, 1948

58

f)

Industrial Disputes Act, 1947

74

g)

Labour Laws (Exemption From Furnishing Returns & Maintaining

80

Registers By Certain Establishments) Act, 1988
h) Payment of Bonus Act, 1965

83

i)

Payment of Gratuity Act, 1972

87

j)

Workmen’s Compensation Act, 1923

91

1

k)

The Trade Unions Act, 1926

97

l)

Shops and Establishment Act, 1954

101

m) Laws related to wages

104

n) Laws related to child labour

118

o) Law related to contract labour

129

p) Maternity Benefit Act, 1961

132

5.

Checklist of labour law compliance

135

6.

Unfair labour practice

144

7.

Labour laws in the unorganized sector

147

8.

Women labour and the Law

151

9.

Industrial relations

157

10. Special points to be noted while drafting Employment Agreement

172

11. Important case laws under various labour legislations

177

12. Important organizations

179

13. Authorities under the labour law in India

180

14. Labour legislations across the world

186

15. Bibliography

190

16. Annexure
a)

Agreements between employee and employer

192

b) Agreement for reference of disputes to arbitration

196

2

1. INTRODUCTION
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. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In other words, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally, labour law covers: 

Industrial relations – certification of unions, labour-management relations, collective bargaining and unfair labour practices;



Workplace health and safety;



Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay.

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 labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution.

1.1. History of Labour laws
Labour law arose due to the demands of workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers in many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some employers may oppose. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.

International...
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