Labour and employment laws of india

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Labour and Employment Laws of India

Labour and Employment Laws of India

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  • 1. Labour and Employment Laws of IndiaThe labour enactments in India, is divided into 5 broad categories, viz. WorkingConditions, Industrial Relations, Wage, Welfare and Social Securities.The enactments are all based upon Constitution of India and the resolutions taken in ILOconventions from time to time.Indian labour law refers to laws regulating employment. There over fifty national lawsand many more state-level laws. Traditionally Indian Governments at federal and statelevel have sought to ensure a high degree of protection for workers through enforesementof labour laws.While conforming to the essentials of the laws of contracts, a contract of employmentmust adhere also to the provisions of applicable labour laws and the rules contained underthe Standing Orders of the establishment.Indian labour laws divide industry into two broad categories:1. FactoryFactories are regulated by the provisions of the Factories Act, 1948 (the said Act). AllIndustrial establishments employing 10 or more persons and carrying manufacturingactivities with the aid of power come within the definition of Factory. The said Actmakes provisions for the health, safety, welfare, working hours and leave of workers infactories. The said Act is enforced by the State Government through their ‘Factory’inspectorates. The said Act empowers the State Governments to frame rules, so thatthe local conditions prevailing in the State are appropriately reflected in theenforcement. The said Act puts special emphasis on welfare, health and safety ofworkers. The said Act is instrumental in strengthening the provisions relating to safetyand health at work, providing for statutory health surveys, requiring appointment ofsafety officers, establishment of canteen, crèches, and welfare committees etc. in large
  • 2. factories.The said Act also provides specific safe guards against use and handling of hazardoussubstance by occupiers of factories and laying down of emergency standards andmeasures.2. The Shops & Establishment ActThe Shops and Establishment Act is a state legislation act and each state has framed itsown rules for the Act. The object of this Act is to provide statutory obligation and rightsto employees and employers in the unauthorized sector of employment, i.e., shops andestablishments. This Act is applicable to all persons employed in an establishment with orwithout wages, except the members of the employers’ family.