This document discusses Indian labor legislation and its constitutional basis. It covers the objectives of labor laws, which include maintaining industrial peace and protecting workers. Labor laws are categorized into those related to working conditions, wages, industrial relations, and social security. Key principles of labor legislation include social justice and national economy. The Indian Constitution establishes rights like equality, freedom of speech, and abolition of child labor that labor laws uphold. Directives like right to livelihood, equal pay for equal work, and living wages further guide labor policy.
In this presentation we discuss the four newly introduced labour codes in India, that reform and replace existing labour laws. These are the Code of Wages 2019, Industrial Relations Code 2020, Occupational Safety, Health and Working Conditions Code 2020 and the Code on Social Security 2020.
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Sharing the PPT on "Labour Laws in India" with Various Act under the Labour Law. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
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M- 9999 844 355
In this presentation we discuss the four newly introduced labour codes in India, that reform and replace existing labour laws. These are the Code of Wages 2019, Industrial Relations Code 2020, Occupational Safety, Health and Working Conditions Code 2020 and the Code on Social Security 2020.
Dear Seniors & Friends,
Sharing the PPT on "Labour Laws in India" with Various Act under the Labour Law. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
Thanks & Regards,
Anshu Shekhar Singh
M- 9999 844 355
In this presentation, we will discuss about the role of government in enacting labor laws in order to protect and promote interest of labors, in details. We will talk about the constitutional framework, social justice and role of industrial relations.
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Labour Laws is the “Body of Laws, Administrative Rulings & Precedents” which address the Relationship between & among “Employers, Employees & Labour Organizations”, often dealing with issues of Public Law”.
The terms Labour Laws & Employment Laws, are often interchanged in the usage. Labour Laws different from Emplyment Laws which deal only with employment contracts and issues regarding employment and workplace discrimination & other private Law issues.
It is the field of law that defines the relationship between employer and their employees, as well as certain third parties, in connection with employment.
It establishes the rights of each parties and determines their duties and obligations. It also defines the role of government.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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3. LABOR LEGISLATION
The term ‘Labor Legislation’ is used to cover all the laws which
have been enacted to deal with employment and non-
employment, wages, working conditions, industrial relations,
social security and welfare of persons employed in industries.
Thus ‘Labor Legislation’ refers to all laws of the government to
provide social and economic security to the workers. These acts
are aimed at reduction of production losses due to industrial
disputes and to ensure timely payment wages and other minimum
amenities to workers.
4. Objectives of LABOR LEGISLATION
Maintenance of Industrial Tranquility
Preservation of healthy, safety and welfare of labour
Maintenance of cordial Employee Relations
Saving labour from profit seeking exploiters
Promote harmony between employer
Strengthen industrial relation
Provide machinery to solving industrial disputes
Protection of women and child in the factories.
5. Types of LABOR LEGISLATION
Labor Legislation Related to Working Conditions
Labor Legislation Related to Wages
Labor Legislation Related to Employee Relations
Labor Legislation Related to Social Security
6. Labor Legislation Related to
Working Conditions
Purpose is to protect minimum labour standards and improve
working conditions.Minimum standards in the areas of Work,
Working Conditions, Safety, Employment of Children and
Women, Leave etc.
The Indian labor laws under this category are :
The Factories Act, 1948,
The Mines Act, 1952,
The Plantation Labor Act, 1951
Shops and Establishment Act
7. Labor Legislation Related to
wages
Purpose is to regulate the wages of workers engaged in industrial
sector.
Fixing and revision of wages.
Payment of Wages, mode and time, over time etc
The laws under this category are as follows : 1) The Payment of Wages
Act, 1936 2) The Minimum Wages Act, 1948, and 3) The Equal
Remuneration Act, 1976
8. Labor Legislation Related to
Industrial Relations
Purpose is to regulate the relations between employers and employees
and to provide for methods and manners for settling industrial disputes
are Regulative Legislations.
These laws also regulate the relationships between workers and trade
unions, the rights and obligations of the organizations of employers
and workers, as well as their mutual relationships.
The laws under this category are as follows : 1) The Trade Unions Act,
1926, 2) The Industrial Disputes Act, 1947, and 3) The Industrial
Employment (Standing Orders) Act, 1946
9. Labor Legislation Related to
Social Security
Aimed at promoting the general welfare of the workers and improve
their living conditions during and post employment.
Special assistance during interruption in wages.
The Laws under this category are as follows
The Workers’ Compensation Act, 1926
The PF and Miscellaneous Provisions Act, 1952
The Payment of Gratuity Act, 1972
Employees State Insurance Act, 1948
10. Principles of Labor Legislation
Social Justice
Social Equality or Welfare
National Economy
International Uniformity
11. Importance of Labor Legislation
Create a framework of Minimum Standard of Welfare
Protect and regulate wages
Provide Social Security
Maintains Industrial Tranquility
Enhances Productivity
Speedy Settlement of Industrial Disputes
Promotes Trade and Business
Protect Rights of Workers and Employers
13. Constitutional provisions
Part III of the Constitution of India is the benchmark
for labor laws in India. Also, Part III (Article 12 to 35) of
the Constitution covers the fundamental rights of its
citizens which includes Equality before the law, Religion,
Sex, caste, place of birth, the abolition of untouchability,
freedom of speech and expression and prohibition of
employment of children in factories.
14. Constitutional provisions
Article 14
Equality before the law which is interpreted in labor laws as “Equal
pay for Equal work”. It does not mean that article 14 is absolute.
There are a few exceptions in it regarding labor laws such as physical
ability, unskilled and skilled labors shall receive payment according
to their merit.
In the case of Randhir Singh vs Union of India, the Supreme Court said
that “Even though the principle of ‘Equal pay for Equal work’ is not
defined in the Constitution of India, it is a goal which is to be
achieved through Article 14,16 and 39 (c) of the Constitution of India.
15. Constitutional provisions
Article 19 (1) (C)
Constitution guarantees citizens to form a union or association. The
Trade Union Act, 1926 works through this Article of the Constitution.
It allows workers to form trade unions.
Trade Unions provide the power to raise voice against atrocities done
to the workers. Unionization brings power to the laborers. Trade
Unions discuss various labor-related problems with the employers,
they conduct strikes, etc.
16. Constitutional provisions
Article 23
Constitution prohibits forced labor. During Britishers rule forced labor
was prevalent. People were made to work against their will and
weren’t paid according to their work. The Government at that time
were infamous for forced labor and the landlords were also involved in
forced labor.
In current times, forced or bonded labor is an offense which is
punishable under the law. The Bonded Labor (Abolition) Act, 1976
prohibits all kinds of bonded labor and is declared illegal.
17. Constitutional provisions
Article 24
Constitution prohibits all forms of child labor. Nobody can employ a
child under the age of 14 to work.
Child labor was a massive problem of our country in the earlier times
and it still is happening but at a lower scale.
The penalization of article 24 is severe.
18. Constitutional provisions
Relevancy of Part IV (Article 36 – 51) on Labor Laws
Part IV of the Constitution of India, which is also known as
the “Directive Principles of State Policy” aims to work toward
the welfare of its citizens.
DPSP cannot be enforced in the court of law, but it provides a
guideline to the legislature for making labor laws in India.
19. Constitutional provisions
Article 39 (a)
“The State shall, in particular, direct its policy towards securing; That
the citizens, men and women equally, have the right to an adequate
means of livelihood. It means that every citizen of the country has the
right to earn a livelihood without getting discriminated on the basis of
their sex.
20. Constitutional provisions
Article 39 (d)
Constitution says that “The State shall, in particular, direct its policy
towards securing; that there is equal pay for equal work for both men
and women. Wages will not be determined on the basis of sex rather it
will be according to the amount of work done by the worker.
21. Constitutional provisions
Article 41
Constitution provides “ Right to Work” which means that every citizen
of the country has the right to work and the state with the best of its
abilities will secure the right to work and education.
22. Constitutional provisions
Article 42
Provides for the upliftment of the working conditions for workers. It
talks about creating a suitable and Humane workplace. This article
also talks about maternity relief, i.e leave provided to women when
they are pregnant.
23. Constitutional provisions
Article 43
Talks about the “living wage” for its citizens. Living wage not only
includes the “bare necessities of life” but also the social and cultural
upliftment of the person. It also includes education and insurances for
a person.
The State shall constantly try to create opportunities in the fields of
Agriculture and Industries with special reference to cottage industries.
24. Constitutional provisions
Conclusion
Constitution of India is the base for all laws in our country. The labor
laws are also made according to the constitution and any violation of
constitutional laws result in the abolition of that particular law. The
Directive Principles of the State policy play a major role in the making
of new labor laws in India.
25. Constitutional provisions
List of major Labor law Acts in India
The Minimum Wages Act, 1948
The Payment of Wages Act, 1936
The Trade Unions Act, 1926
The Industrial Disputes Act, 1947
The Factories Act, 1948
26. Abbreviations
SG - State Government
CG - Central Government
AG - Appropriate Government
GOI - Government of India
CEO - Chief Executive Officer
OG - Official Gazette
HoD - Head of Department