2. • 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:
• 1 Industrial relations – certification of unions, labour-management
relations, collective bargaining and unfair labour practices;
• 2 Workplace health and safety;
• 3 Employment standards, including general holidays, annual leave,
working hours, unfair dismissals, minimum wage, layoff procedures
and severance pay
3. • 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.
4. • 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.
• International Labour Organisation (ILO) was one of the first
organisations to deal with labour issues.
5. • .Purpose of labour legislation
• Labour legislation that is adapted to the economic and social
challenges of the modern world of work fulfils three crucial roles: it
establishes a legal system that facilitates productive individual and
collective employment relationships, and therefore a productive
economy;
• by providing a framework within which employers, workers and their
representatives can interact with regard to work-related issues, it
serves as an important vehicle for achieving harmonious industrial
relations based on workplace democracy;
• it provides a clear and constant reminder and guarantee of
fundamental principles and rights at work which have received broad
social acceptance and establishes the processes through which these
principles and rights can be implemented and enforced
6. • Constitutional provisions with regard to labour laws
• The relevance of the dignity of human labour and the need for
protecting and safeguarding the interest of labour as human beings
has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and 7
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of
India keeping in line with Fundamental Rights and Directive Principles
of State Policy.
• Labour is a concurrent subject in the Constitution of India implying
that both the Union and the state governments are competent to
legislate on labour matters and administer the same. The bulk of
important legislative acts have been enacted by the Parliament.
7. • Labour laws enacted by the Central Government, where the Central
Government has the sole responsibility for enforcement
• 1. The Employees’ State Insurance Act, 1948
• 2. The Employees’ Provident Fund and Miscellaneous Provisions
Act,1952
• 3. The Dock Workers (Safety, Health and Welfare) Act, 1986
• 4. The Mines Act, 1952 5. The Iron Ore Mines, Manganese Ore Mines
and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
8. • Labour laws enacted by Central Government and enforced both by Central
and State Governments
• The Child Labour (Prohibition and Regulation) Act, 1986.
• The Building and Other Constructions Workers’ (Regulation of Employment
and Conditions of Service) Act, 1996.
• The Contract Labour (Regulation and Abolition) Act, 1970.
• The Equal Remuneration Act, 1976.
• The Industrial Disputes Act, 1947.
• The Maternity Benefit Act, 1961
• The Minimum Wages Act, 1948
• The Payment of Bonus Act, 1965
• The Payment of Gratuity Act, 1972 25.
• The Payment of Wages Act, 1936
9. • IN YEAR 2012 A BILL IS APPROVED BY THE UNION
CABINET IN PARLIAMENT KNOWN AS EMPLOYMENT
EXCHANGES (COMPULSORY NOTIFICATION OF
VACANCIES) AMENDMENT BILL, 2012 Because with
The Passage of Time It Was Considered That the
Act Which Was Passed In The Year 1959 Require
Some Modification.
10. • Modifications which are highlighted in the above bill
are as follows:- A) Now the words employment exchange
is known by the new name i.e. employment guidance and
promotion centres because the focus is now shifted to
providing vocational guidance and career counselling
along with registration, submission of returns and
placement etc
• . B) For the purpose of submission of return the
establishment which is established in the private
sector having employee between 10-24 are being bought
under the preview of this act,.
• C) The purpose of all this is to make more realistic
estimates employment in the organised sector
• . D) It is mandatory for all the employer to furnish
information relating to selection result against those
vacancies which is notified within thirty days of
selection for more transparency and rational data.
• E) For including the contract labour that has worked
for more than 240 days in a year in the definition of
employee and employer
11. Main activities of Employment Exchange Act
• a.) registration of job seekers.
• b.) placement of job seekers.
• c.) career counselling.
• d.) vocational guidance.
• e.) collection of employment market information
12.
13. • Employment Exchange:- this is known as any
office or place formed and maintained by the
appropriate government for the collection and
furnishing of information, either by keeping of
registers or otherwise
14. • TIME LIMIT FOR THE NOTIFICATION OF VACANCIES TO
THE EMPLOYMENT EXCHANGE :-
• 1) LOCAL EMPLOYMENT EXCHANGE ATLEAST 15 DAYS
BEFORE THE DATE ON WHICH APPLICANTS WILL BE
INTERVIEWED OR TESTED IN CASE INTERVIEWS OR
TESTS ARE HELD OR THE DATE ON WHICH VACANCIES
ARE REQUIRED TO BE FILLED IF NO INTERVIEWS OR
TESTS ARE HELD
• 2) CENTRAL EMPLOYMENT EXCHANGE ATLEAST 60 DAYS
BEFORE FROM THE DATE OF RECEIPT OF THE
NOTIFICATION TO THE DATE OF DISPATCH OF
PARTICULARS OR APPLICATIONS OF THE PROSPECTIVE
CANDIDATES FOR THE PURPOSE OF APPOINTMENT OR
TAKING INTERVIEW OR TEST AGAINST THE NOTIFIED
VACANCIES.
15. • Act not to apply in relation to certain
vacancies in any employment:-
• a.) In agriculture and horticulture in any
establishment in private sector.
• b.) In domestic companies.
• c.) Where the employment period is less than 3
months. d.) To do unskilled office work.
• e.) Connected with the staff of parliament.
• f.) Proposed to fill through promotion or by
absorption of surplus staff.
• g.)Carries a remuneration of less than 60
rupees a month
