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D.M.GIMARA Madhushani
TC/is/2011/MS/13
Trincomalee Campus Eatern University Sri
Lanka
Labour legislation implies a cluster of labour
enactments by government from time to time
covering labour issues .
In the absence of proper labour
adjudication working class will
be subjected to blatant
exploitation by employers.
Labour legislation provides an umbrella cover
against labour exploitation.
History of labour legislation in India can be tracked back to
the regim of British colonialism.
This is the pioneer legislative in India.
The act provides a moderate social security to
workmen as a humanitarian.
Under the act a workman,
in a case of injury
in a case of his death
his dependent is eligible to receive compensation
in lump-sum as a valid cost of production similar
to the cost of repair or replacement of machine.
Employer will not liable
compensate When death Or Injury
occurs,
Due to willful disobedience
of the workmen of a
valid order
Or
Rule framed by employer
to secure his safety.
Influence of alcohol or
drugs
• Employer eligible to
compensate when death or
injury should have
occurred,
“arising out ”
And
“in the course of
employment”.
Compensation calculated on basis of
minimum wages prescribe by the industry
or establishment at the time casualty
occurred.
Casual workmen not covered by the Act.
However in the amendment in the
year 2000 causal worker as a
workman.
Act intends provide for,
-the registration of trade union
and
-to define the low relating to resisted trade
union.
Trade union means ,
“any combination, whether temporary or permanent ,formed primarily for
the purpose of regulating the relations
between workmen and employers
or
between workmen and workmen
or
between employers and employers
enforcing restrictive conditions on the conduct of any trade or businessman
include any federation of two or more trade unions ”
The Act facilitates unionization both in the
organize and unorganized sectors.
Though this Act freedom of association is
realized .
The act regulate :
The frequency and
mode of payment of
wages
Levying fines
Making deduction from
wages of workers .
. Proscribe
unauthorized
or arbitratary
deduction
It ensure the correct and
timely payment of
wages.
wage
Basic pay
Production
incentiveOther
allowances
Dearness
allowances
Wages are payable before the seventh or tenth or every
month accordingly as the factory establishment .
Wages payable to dismiss or discharged employee must
be paid within two days of the termination.
Wages deducted for absence of duty
-If such absent must be from employees own violation
And not
-Due to any act of employer such as layoff, lockout or
closure.
The objective the
enactment is to provide
for weekly holidays to
certain category of
employees working in
restaurant ,shops,
theaters.
The Act provides for
granting one paid holiday in
a week of seven days for
every person employed in
such establishments .
No deduction of
wages shall be
made in respect
of weekly holidays
A person employed
in confidential
capacity or in a
position of
management shall
not be covered
The provision shall not be apply to any person
whose total paid employment in the
employment including authorized leave ,is less
than six days.
In each week additional holiday of one and half-
day shall be granted in each way.
The Act ensure that workers 'personal life must
not be suffered due to compulsions of his work
site .
The workmen’s compensation act ,1923

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The workmen’s compensation act ,1923

  • 2. Labour legislation implies a cluster of labour enactments by government from time to time covering labour issues . In the absence of proper labour adjudication working class will be subjected to blatant exploitation by employers. Labour legislation provides an umbrella cover against labour exploitation. History of labour legislation in India can be tracked back to the regim of British colonialism.
  • 3. This is the pioneer legislative in India. The act provides a moderate social security to workmen as a humanitarian. Under the act a workman, in a case of injury in a case of his death his dependent is eligible to receive compensation in lump-sum as a valid cost of production similar to the cost of repair or replacement of machine.
  • 4. Employer will not liable compensate When death Or Injury occurs, Due to willful disobedience of the workmen of a valid order Or Rule framed by employer to secure his safety. Influence of alcohol or drugs
  • 5. • Employer eligible to compensate when death or injury should have occurred, “arising out ” And “in the course of employment”.
  • 6. Compensation calculated on basis of minimum wages prescribe by the industry or establishment at the time casualty occurred. Casual workmen not covered by the Act. However in the amendment in the year 2000 causal worker as a workman.
  • 7. Act intends provide for, -the registration of trade union and -to define the low relating to resisted trade union.
  • 8. Trade union means , “any combination, whether temporary or permanent ,formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers enforcing restrictive conditions on the conduct of any trade or businessman include any federation of two or more trade unions ”
  • 9. The Act facilitates unionization both in the organize and unorganized sectors. Though this Act freedom of association is realized .
  • 10. The act regulate : The frequency and mode of payment of wages Levying fines Making deduction from wages of workers .
  • 11. . Proscribe unauthorized or arbitratary deduction It ensure the correct and timely payment of wages.
  • 13. Wages are payable before the seventh or tenth or every month accordingly as the factory establishment . Wages payable to dismiss or discharged employee must be paid within two days of the termination. Wages deducted for absence of duty -If such absent must be from employees own violation And not -Due to any act of employer such as layoff, lockout or closure.
  • 14. The objective the enactment is to provide for weekly holidays to certain category of employees working in restaurant ,shops, theaters. The Act provides for granting one paid holiday in a week of seven days for every person employed in such establishments .
  • 15. No deduction of wages shall be made in respect of weekly holidays A person employed in confidential capacity or in a position of management shall not be covered
  • 16. The provision shall not be apply to any person whose total paid employment in the employment including authorized leave ,is less than six days. In each week additional holiday of one and half- day shall be granted in each way. The Act ensure that workers 'personal life must not be suffered due to compulsions of his work site .