Introduction:-O The law relating to labor and employment in India is primarily known under the broad category of "Industrial Law".O Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labor of the worker.l
Labor Laws and Employment Laws O Labor laws typically deal with employer- union relationships. O Employment laws typically deal with employer-employee relationships.O But the terms are often used interchangeably.
O Some Employment act:- O Title VII. O EPA(The Equal pay Act, 1963). O ADEA( Age Discrimination in Employment Act)
Title VIIAn Employer under Title VII is: A person engaged in an industry affecting commerce. Fifteen (15) or more employees for each working day in each oftwenty or more calendar weeks in the current or preceding calendaryear, and any agent of such a person Does not include US government, Indian tribe, a bona fideprivate membership club (other than a labor organization) which isexempt from taxation under the Internal Revenue Code of 1954O What it Does?According to Title VII, It Prohibits employment discrimination based onrace, color, religion, sex and national origin.
EPA –The Equal Pay Act of 1963An Employer under EPA is: O Engaged in commerce or in the production of goods for commerce (FLSA) O Does not prohibit unequal pay based on a bona fide: O ( i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex. What it Does? O Prohibits sex-based wage discrimination between men and women in the same establishment who are performing under similar working conditions .
ADEA (Age Discrimination in Employment Act)O An Employer under ADEA is: Twenty (20) or more employees engaged in an industry affecting commerce for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. O Does Not Prohibit Consideration of Age when: O age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, O or where the differentiation is based on reasonable factors other than age O or where such practices involve an employee in a workplace in a foreign country, O and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located.O What it Does?Prohibits employment discrimination against persons 40 years of age or older.
Defenses to Employment of DiscriminationO There are four basic types of defenses to employment discrimination claims. O Business necessity. O Bona fide occupational qualification. O Seniority Systems. O After-acquired evidence of employee misconduct.
Business NecessityO The business necessity defense requires the employer to demonstrate that the imposition of a job qualification is reasonably necessary to the legitimate conduct of the employer’s business.O Business necessity is a defense to disparate impact discrimination.
BFOQ (Bona FideOccupational Qualification) O The bona fide occupational qualification defense requires an employer to show that an particular skill is necessary for the performance of a particular job. O The BFOQ defense is used in cases of disparate treatment discrimination.
Seniority SystemsO A seniority system is one that conditions the distribution of job benefits on the length of time one has worked for an employer.O A seniority system can be a defense only if it is a bona fide system, not designed to evade the effects of the anti-discrimination laws.
After-Acquired Evidence O After-acquired evidence refers to evidence of misconduct, committed by an employee who is suing an employer for employment discrimination, that is uncovered during the process of discovery conducted in preparation for a defense against the suit. O While it may serve to limit employee recovery, it does not act as an absolute defense for the employer.
Labor law:-O Federal laws affecting labor and employment relations in Indian country can be broken down into three categories: O Civil rights O Labor and Employment laws of general application O Labor unions and collective bargaining
(1) Civil rights, which encompass all forms of employmentdiscrimination that Congress has chosen to address through avariety of laws;(2) Labor and employment laws of general application, whichgenerally address the terms and conditions of employment, such asworkplace `safety, hours and minimum wages, and family medicalleave;(3) labor unions and collective bargaining, an area governed by onefederal law
O So what you people think, will be the reason of discrimination among employee???
Forms of discrimination O Age O Disability O Equal Compensation O National Origin O Pregnancy O Race/Color O Religion O Sex O Sexual Harassment
Unsafe Labor Conditions:-O One of the more common and dangerous of these practices is the blocking and locking of all exists in manufacturing facilities as a low cost measure to prevent pilfering. This practices has caused thousands of workers to be trapped and burned alive when fire broke out in such buildings.O Use of antiquated and poorly maintained equipment, which causes the rate of work injuries to balloon.O Harsh work rules, which are legal in many developing nations are the third major concern.
Prison labor:-O In few nations, Including china, It is legal for prisoner to work in traditionally commercial forms of manufacturing.O The use of such labor is unacceptable in Western countries.O Under the 1994 agreement, the US is allowed to inspect “labor reform camps”. However the US has complained that it has received only modest cooperation in implementing the agreements.
Child labor:-O Children who are employed cannot attend school.O They also get sick because of hard- work.O A child below 14 year old, is not been allowed to work in any industry that is because that is against law. And many of the countries are practicing this laws.O This all practices are mostly happens in the Asian countries, mostly in India, China, Srilanka