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Employment
Law in India
*Reservations Apply
(For Govt. Jobs)
Introduction
 India had a set of labor or employment laws
many years before independence. After
independence ,too many laws were enacted
.Several of the most important equal
employment opportunity laws became law in
the period from 1964 to 1991.
Labor legislation in India
 Good labor laws, which protect the rights of
workers and employers, and build a string
society, is considered to be the indicator of
any modern nation.
 Labor laws in India have been influenced by
the British law.
 The constitution of India, which is the source
for all legislation, had set the basic frame
work for Indian labor laws
Labor Legislation and the
constitution of India
 Labor laws have been listed in list III or
concurrent list of the seventh schedule of the
constitution of India
 The following entries are significant from
labor/HRM perspectives:
Entry No 22 Trade Unions, Industrial as well as labor disputes
Entry No 23 Social Security and social insurance
Entry No 24 Welfare of labor
Entry No 36 Factories
Role of State Government
 The constitution also distributes the powers to
handle labor related legislation between
central and state legislature.
 In practice most labor legislations are enacted
by the central government and states have
adopted them with modifications
 Hence there is uniformity in most acts across
the country
Laws related to industrial
relationships
 Trade Unions Act:
The Trade Union Act, 1926 allows freedom for any
seven employees to apply to register a trade union,
but a later amendment specified minimum
membership as 10% of union sable employees or
100, whichever is less. Registration is not
compulsory. The registered trade unions receive
protection from certain civil and criminal actions.
Laws related to industrial
relationships
 Industrial Employment (Standing Orders) Act 1946:
Is a regulatory in nature and its applicable to industrial
establishment under the jurisdiction of central and state
governments, by formally defining conditions of
employment, the act serves to reduce conflict and also
be a communication mechanism between management
and labor.
Laws related to industrial
relationships
 Industrial Disputes (ID) Act 1947:
Is regulatory since it puts restriction on the direct action
that taken by the parties involved in the industrial
dispute.
 Work committees
 Conciliation officers
 Board of conciliation
 Courts of enquiry
 Labor courts , tribunals and national tribunals Peace
Laws related wages
 The Payment of Wages Act Of 1936 has the
objective of ensuring payment of wages to
certain groups of employees, at regular
intervals and without any unauthorized
deductions.
 The Objective of the Minimum wages Act of
1948 is to ensure that a minimum rate of
wages is paid to all those who are engaged in
wage employment.
Laws related to working hours,
conditions of services , and
employment
 Factories Act Of 1948 is one of the most
important legislations covering the
manufacturing sector.
 The act provides safe guards for worker to
protect their health, provides safety at the
workplace when dealing with machinery
 Improve the physical conditions at the
workplace and provides welfare amenities
Laws related to working hours,
conditions of services , and
employment
 It also restricts the hours of work, provides for
overtime and spread of working hours,
employment of young persons and places
restriction on employment of women during
the nigh hours
 Factories are approved, licensed and
registered under this act
Laws related to Equality and
Empowerment of women
 The Maternity benefit Act, 1961, as social
welfare oriented law aimed at empowering
women
 provides security for working in certain
establishments.
 Financial
 Non Finacial
Maternity benefit Act, 1961
 Maximum period of leave of 12 weeks
 Medical aid, Maternity Bonus
 Provision of Crèches
 additional rest intervals
 Reduced work load
The Equal Remuneration Act,
1976
 The act directs the state to ensure “Equal pay
for men and women”
 It stipulates that there should be no
discrimination between genders in matters of
remuneration for the same type of work and in
recruitment, Increments, transfers,
Promotions etc..
laws Related to social security
 The Workmen's Compensation Act of 1923
is the earliest social security legislation in
India, enacted with the purpose of making the
employer liable to pay compensation to
employees whoa re affected by the personal
injury arising out of accidents
 Compensation is payable for partial
disablement and total disablement
laws Related to social security
 The Employee State Insurance Act of 1948
has been enacted with the objective of
security financial relief in cases of sickness,
maternity, disablement and for providing
medical benefits to employees of factories
and establishments and their dependents.
ESI Act Benefits
 Sickness benefit
 Maternity benefit
 Disablement benefit
 Dependent’s benefit
 Funeral benefit
 Medical benefit
laws Related to social security
 The Employee’s Provident Funds and
Miscellaneous Provision Act, 1952
Provident Fund Deduction from Salary: ...
The entire 12% of your contribution goes
into your EPF account along with 3.67% (out
of 12%) from your employer, while the
balance 8.33% from your employer's side is
diverted to your EPS (Employee's Pension
Scheme)
laws Related to social security
 Payment of Gratuity Act, 1952
 5 year’s of Service
 Maximum 10Lakhs (Exempt from IT)
Thank You

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Employment law in india

  • 1. Employment Law in India *Reservations Apply (For Govt. Jobs)
  • 2. Introduction  India had a set of labor or employment laws many years before independence. After independence ,too many laws were enacted .Several of the most important equal employment opportunity laws became law in the period from 1964 to 1991.
  • 3. Labor legislation in India  Good labor laws, which protect the rights of workers and employers, and build a string society, is considered to be the indicator of any modern nation.  Labor laws in India have been influenced by the British law.  The constitution of India, which is the source for all legislation, had set the basic frame work for Indian labor laws
  • 4. Labor Legislation and the constitution of India  Labor laws have been listed in list III or concurrent list of the seventh schedule of the constitution of India  The following entries are significant from labor/HRM perspectives: Entry No 22 Trade Unions, Industrial as well as labor disputes Entry No 23 Social Security and social insurance Entry No 24 Welfare of labor Entry No 36 Factories
  • 5. Role of State Government  The constitution also distributes the powers to handle labor related legislation between central and state legislature.  In practice most labor legislations are enacted by the central government and states have adopted them with modifications  Hence there is uniformity in most acts across the country
  • 6. Laws related to industrial relationships  Trade Unions Act: The Trade Union Act, 1926 allows freedom for any seven employees to apply to register a trade union, but a later amendment specified minimum membership as 10% of union sable employees or 100, whichever is less. Registration is not compulsory. The registered trade unions receive protection from certain civil and criminal actions.
  • 7. Laws related to industrial relationships  Industrial Employment (Standing Orders) Act 1946: Is a regulatory in nature and its applicable to industrial establishment under the jurisdiction of central and state governments, by formally defining conditions of employment, the act serves to reduce conflict and also be a communication mechanism between management and labor.
  • 8. Laws related to industrial relationships  Industrial Disputes (ID) Act 1947: Is regulatory since it puts restriction on the direct action that taken by the parties involved in the industrial dispute.  Work committees  Conciliation officers  Board of conciliation  Courts of enquiry  Labor courts , tribunals and national tribunals Peace
  • 9. Laws related wages  The Payment of Wages Act Of 1936 has the objective of ensuring payment of wages to certain groups of employees, at regular intervals and without any unauthorized deductions.  The Objective of the Minimum wages Act of 1948 is to ensure that a minimum rate of wages is paid to all those who are engaged in wage employment.
  • 10. Laws related to working hours, conditions of services , and employment  Factories Act Of 1948 is one of the most important legislations covering the manufacturing sector.  The act provides safe guards for worker to protect their health, provides safety at the workplace when dealing with machinery  Improve the physical conditions at the workplace and provides welfare amenities
  • 11. Laws related to working hours, conditions of services , and employment  It also restricts the hours of work, provides for overtime and spread of working hours, employment of young persons and places restriction on employment of women during the nigh hours  Factories are approved, licensed and registered under this act
  • 12. Laws related to Equality and Empowerment of women  The Maternity benefit Act, 1961, as social welfare oriented law aimed at empowering women  provides security for working in certain establishments.  Financial  Non Finacial
  • 13. Maternity benefit Act, 1961  Maximum period of leave of 12 weeks  Medical aid, Maternity Bonus  Provision of Crèches  additional rest intervals  Reduced work load
  • 14. The Equal Remuneration Act, 1976  The act directs the state to ensure “Equal pay for men and women”  It stipulates that there should be no discrimination between genders in matters of remuneration for the same type of work and in recruitment, Increments, transfers, Promotions etc..
  • 15. laws Related to social security  The Workmen's Compensation Act of 1923 is the earliest social security legislation in India, enacted with the purpose of making the employer liable to pay compensation to employees whoa re affected by the personal injury arising out of accidents  Compensation is payable for partial disablement and total disablement
  • 16. laws Related to social security  The Employee State Insurance Act of 1948 has been enacted with the objective of security financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments and their dependents.
  • 17. ESI Act Benefits  Sickness benefit  Maternity benefit  Disablement benefit  Dependent’s benefit  Funeral benefit  Medical benefit
  • 18. laws Related to social security  The Employee’s Provident Funds and Miscellaneous Provision Act, 1952 Provident Fund Deduction from Salary: ... The entire 12% of your contribution goes into your EPF account along with 3.67% (out of 12%) from your employer, while the balance 8.33% from your employer's side is diverted to your EPS (Employee's Pension Scheme)
  • 19. laws Related to social security  Payment of Gratuity Act, 1952  5 year’s of Service  Maximum 10Lakhs (Exempt from IT)