Lay-off and Retrenchment –difference between lay-off and
Retrenchment their application, necessary preconditions for their
application, lay-off and retrenchment compensation, special
provisions relating to lay-off, retrenchment, and closure in certain establishments, penalty, and punishment for illegal lay-off or retrenchment, the consequences of illegal lay-off or retrenchment.
Lay-off and Retrenchment –difference between lay-off and
Retrenchment their application, necessary preconditions for their
application, lay-off and retrenchment compensation, special
provisions relating to lay-off, retrenchment, and closure in certain establishments, penalty, and punishment for illegal lay-off or retrenchment, the consequences of illegal lay-off or retrenchment.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
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.
To know more about Welingkar School’s Distance Learning Program and courses offered, visit:
http://www.welingkaronline.org/distance-learning/online-mba.html
VALIDITY OF INCLUSION OF RIGHT TO PROPERTY IN THE CONSTITUTION- Article 40.3....Utkarsh Kumar
The assessment will analyze the validity and relevance of the fundamental right of property in light with the two views provided by Review Group supported by later developments and case laws concerning the given issue.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
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.
To know more about Welingkar School’s Distance Learning Program and courses offered, visit:
http://www.welingkaronline.org/distance-learning/online-mba.html
VALIDITY OF INCLUSION OF RIGHT TO PROPERTY IN THE CONSTITUTION- Article 40.3....Utkarsh Kumar
The assessment will analyze the validity and relevance of the fundamental right of property in light with the two views provided by Review Group supported by later developments and case laws concerning the given issue.
Dear Seniors & Friends,
Sharing the PPT on "Employee's State Insurance Act 1948" of India. 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.
Regards,
Anshu Shekhar Singh
M: 9999 844 355
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
THIS PRESENTATION IS ABOUT THE BASIC OF INDIAN CONSTITUTION FOR THE POST GRADUATE NURSES IN INDIA.IT FOCUSES ON THE BASIC RIGHTS AND SECTION OF INDIAN CONSTITUTION.
Implementing Directive Principles to Promote better Livelihood Conditions, Pu...IJARIIT
Our Country has progressed and developed in the world as an important Nation, but till today we are far away
from achieving better livelihood conditions public health and assistance. Therefore the article mainly focuses on implementing
Directive Principles to promote and distribute natural resources as the State legally owns these natural resources on behalf of
the actual owner the people. The article explains that these principles impose certain obligations on the State to take positive
action in certain directions to promote the welfare of the people and achieve socio-economic rights and to set of instructions to
Lawmakers and Executive. The article also explains that these Directive Principles of State policy in our Constitution are
made on - justifiable directly but indirectly these principles are fundamental in the governance of the country in making laws.
Thus Article concludes to achieve the goals enshrined in the Constitution directly or indirectly that is the spiritual essence of
our Constitution.
This draft proposed following main issue related to Urban Livelihoods:
• The Right to Work has to be recognised and legislated as a Fundamental Right.
• Complementary laws have to be put in place to provide Living Wages and Social Security.
• Secure Shelter near Work is a necessity for the urban poor.
• Government must assist community based Self Help programmes.
• Participatory Research yields Norms for planning livelihoods and shelter.
• Both require the three basic elements of Legal Credit, Space, and Tenure.
• There has to be Accountability and accessible Grievance Redressal Mechanisms.
Trade Union Freedom Fact Sheet Cnv InternationaalCNV Vakcentrale
The right to organise in trade unions is a fundamental labour and human right. Yet, in many countries, workers attempt many barriers to organizing. Although the right to organise in trade unions is a fundamental labour and human right. This is usually referred to as: The right to free association in trade unions. Additionally, every individual has the right to collective bargaining over employment conditions. These rights are laid down in national and international legislation and regulations. Such as the International Labour Organization (ILO) conventions, or OECD Guidelines for Multinational Enterprises.
Engaging in a meaningful dialogue
Why is trade union freedom so important? First, to improve labour conditions it is crucial to engage in a meaningful dialogue on factory, sectoral, and even national level. On behalf of their members. Independent trade unions negotiate with employers or their representatives on collective employment conditions, which subsequently are laid down in collective labour agreements. Such working conditions may refer to salary, remuneration, working hours and rest periods. Usually, individuals are not able to reach such agreements, where trade unions are successful.
This fact sheet has been developed for the WellMade project, a project designed to provide both people working in European fashion brands as well as procurement officers within companies and organisations with an understanding of the most important labour issues in the supply chain.
The partners would like to acknowledge the generous support of the European Union in making WellMade possible. This website reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
More information:
http://www.wellmade.org
https://www.cnvinternationaal.nl/
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
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.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
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.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Responsibilities of the office bearers while registering multi-state cooperat...
Labour and the constitution
1. Labour and the Constitution
Presented by- Rohini B. Agre (108)
2. Learning ObjectivesThe role of government in enacting a series
of labour laws in order to protect and
promote the interests of labour
The constitutional framework &
fundamental rights guaranteed under the
constitution
The philosophy of Social Justice
The aims and objectives of International
labour organisation (ILO) and its role in
pursuit of social justice
The role of law in industrial relation
4. Introduction
The sweeping character of the transition
from a simple agricultural set-up to a
complex urban industrial society has
resulted in the emergence of labour
problems in India.
Since the workmen were not organized, they
had no bargaining power and had to work
long hours at low wages under unhygienic
work conditions.
5. contd...
The Government of India, therefore, enacted
a series of legislation to protect the working
class from exploitation & to bring about
improvements in their living & working
conditions.
Industrial Disputes Act, ESI Act, Factories
Act, Minimum Wages Act were enacted. The
goals set in our Constitution have a bearing
on industrial legislation and adjudication.
6. Constitutional Framework
Indian Constitution guarantees
fundamental rights to its citizens and has laid
down certain directive principles of state
policy for the achievement of social order
based on Justice
Equality of opportunity to all citizens in
matters of employment is guaranteed. Traffic
in human beings, forced labour, employment
of child labour in factories , mines or at other
hazardous location is prohibited
7. contd...
These are directive principles, and hence not
enforceable by any court. It shall be the duty
of the State to apply these principles in making
laws.
Labour is on the Concurrent List on which the
Central as well as State governments have
power to make laws.
Article 39, 41, 42 and 43 have a special
relevance in the field of industrial legislation &
adjudication.
8. contd...
Article 39 accentuates the basic philosophy of
idealistic socialism & provides a
motivation force to the Directive
principles by laying down that the State shall
direct its policy towards equal pay for men &
women.
Article 41 lays down that the State shall, within
limits of its economic capacity & development,
provide for right to work, to education, & pubic
assistance in case of unemployment, old age,
sickness, disablement and other cases of
undeserved want.
9. contd...
Article 42 enjoins the State
government to make provision
for securing just & humane
conditions of work & for
maternity relief. The Factories Act,
1948 provides for health,
safety, welfare, employment of young
persons and women, hours of work for
adults, holidays and leave with wages.
10. contd...
Contract Labour [Regulation and Abolition] Act
was passed to protect contract labour from
exploitation.
Article 43 enjoins the State to assure a living
wage, conditions of work ensuring a decent
standard of life and full enjoyment leisure, &
social and cultural opportunities. Minimum
wages Act, 1948 provides for fixation of
minimum wages by governments for workers.
11. contd...
Social security under these articles was provided by
enacting ESI act in 1948 which included benefits like
sickness & extended sickness, maternity, disablement,
dependents' funeral and medical benefits
Employees' PF act and Maternity benefits acts are
also social security measures
Apprenticeship Act supplemented institutional
training on-the-job training and regulated the
training arrangement in industry.
12. Social Justice
In industrial adjudication, the concept of social
justice has been given wide acceptance. But the
term social justice is not precisely defined.
In one of its verdicts the court assigned broader
& positive role to in these words 'The concept
of social justice is not narrow or one sided,
nor is it pedantic nor limited to industrial
adjudication alone.
It is founded on the basic ideal of socio economic
equality and its aim is to remove socio economic
disparities. It adopts a realistic and pragmatic
approach
13. contd...
In a democratic society, administration of
justice is based on the rule of law, which is
dynamic and includes within its imports
social justice. It has been given a place of
pride in our Constitution.
The philosophy of justice has now become
an integral part of industrial jurisprudence.
In a welfare state it is necessary to apply the
general principles of social & economic
justice to remove imbalances in political,
economic and social life of the people.
14. ILO – in Pursuit of Social Justice
The ILO affirms that universal & lasting
peace can be established only if it is based
upon social justice, draws attention to the
existence of conditions of labour involving
injustice, hardship and privation of a large
number of people, and declares that
improvement of these conditions is urgently
required through such means as:
Regulation of hours of work,
Prevention of unemployment,
15. contd...
Provision of living wage,
Protection of workers against sickness,
disease, injury arising out of employment,
Protection of children young
persons and women .
Protection of the interests of migrant
workers , recognition of the principle
of freedom of association, and
Organization of vocational & technical
education.
16. ILO further declares
1. that labour is not a commodity;
2. that freedom of expression and
association is essential for sustained
progress;
3. that poverty anywhere constitutes
a danger to prosperity everywhere
and...
17. contd...
and that the war against want requires to
be carried on with unrelenting vigour by
each nation and by continuous &
concerted efforts by workers and
employers enjoying equal status with
government joining in free discussion
and dmocratic decision for the promotion
of common welfare
18. Three main functions of ILO:
i. To establish international labour standards
ii. To collect & disseminate information on
labour & industrial conditions
iii. To provide technical assistance for carrying
out programmes of social & economic
development.
From the very beginning , the ILO has been
confronted with the tremendous task of promoting
social justice by improving the working & living
conditions of labour in all parts of the world.
19. contd...
In order to achieve its
objectives , the ILO has relied
on its standard setting
function. The international labour
standards take the form of Conventions &
recommendation.
A Convention is a treaty which when
ratified creates binding international
obligation on the country concerned.
On the other hand, a recommendation
creates no such obligation but is
essentially a guide to national action.
20. contd...
India has been one of the
founder members of the ILO. Out of
173 conventions adopted by the ILO, India
has ratified 36 conventions & these have
been incorporated in existing legislation.
Conventions not ratified have indirectly
guided and shaped the Indian labour
legislation in a far reaching manner.
The ILO standards have a decisive impact on
the factory, mines, social security and wage
legislations in India.
21. Role of Law in Industrial Relations
In India while there is
an agreement on the need for
reforms, areas for reform and the nature of
required reforms, major dis-agreements exist
as to the part that the law should play in any
scheme of reforms.
There is one school which believes that the
reforms should not include new legislation,
while the other thinks introduction of some
new legislation is mandated. Any legislative
reform by definition involves the law.
22. contd...
Some believe that the law should fulfill an abstentionist
role. All substantive matters of industrial relations
should be regulated by parties themselves free from
legal constraint or obligation.
Others want the law to be the main instrument of
directing & controlling the system. This view implies
an extensive system of regulatory legislation directing
the parties in their activities & forcing changes
whenever necessary.
23. Summary
It is gratifying to note that apart
from the fundamental rights, India's constitution
embodies within itself, in Part IV, Directive Principles of State
Policy.
The functions and duties of States as contained in Directive
Principles have given rise to concept of social justice.
The old idea of laissez faire has given place to a new idea of
welfare state. The philosophy of social, economic and political
justice has been given a place of pride in the Constitution,
as well as in the aims & objectives of ILO
24. contd...
The development and growth of industrial
law presents a close analogy to the
development and growth of constitutional
law.
A series of labour laws covering labour
welfare and social security were enacted for
protecting and promoting the overall welfare
of different categories of working class.