By Adv Akshay Kshirsagar on 03rd September 2022
Labour laws in India is the area of law which articulates the relationship between employees and employers. It plays a major important role in protecting the rights of employees or labours, their union, and their wages and provides guidance for peaceful employment.
The Centre has passed a new code for labour laws in India which will be applicable from the financial year 2022 – 2023. Since labour laws in India is subject to the concurrent list, the Centre seeks to implement it in all states.
This code is applicable across all sectors whether it is service trade, manufacturing etc will be relevant to all skilled, semi-skilled, unskilled, supervisory, managerial etc.
The new code will be applicable across India from July 1st. This law or code or new code will change employees’ in-hand salary, working hours, social security and occupational relationship.
1. Employers now need to make a full and final settlement of employees salary within 2 days of either termination, resignation or dismissal. Earlier employers would make settlements of employees within 60 to 90 days from the last working day of the employee.
2. Maternity leave for female employees is increased up to 26 weeks and they would be given the option not to work the night shift.
3. After implementation of this code, Government employees will get 30 days in a year, while for defense officials this number will go up to 60 days in a year.
4. Employees working 8 hours a day will get one leave in a week while employees working 9 hours a day will get two days leave in a week. Employees working 12 hours a day will get a 3-week off. But employees working hours will be restricted to up to 48 hours a week.
5. All employees will not get more than 50% allowance of their salary.
6. Employees’ take-home salaries will reduce after implementing the code due to a rise in PF contribution.
Many labour laws have been enacted by the central government and the State government not only for the protection of workers but also to protect workers against discrimination in the workplace, because it ensures a proper relationship between employer and employee for a smooth working environment for industrial peace, to impart discipline among workers and also to take disciplinary action against indiscipline and disputed workmen in the work environment.
Labour laws in India define the boundaries of the employment relationships, functions of a trade union, working hours, working environment and security of employees.
Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislation.
The Employees’ State Insurance Act, 1948
The Employees’ Provident Fund and Miscellaneous Provisions Act,1952
The Dock Workers (Safety, Health and Welfare) Act, 1986
The Mines Act, 1952
The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
The Mica Mines Labour Welfare Fund Act, 1946
The Beedi Workers Welfare Cess Act,1976
The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
The Cine Workers Welfare (Cess) Act, 1981
The Beedi Workers Welfare Fund Act, 1976
The Cine Workers Welfare Fund Act, 1981
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 Industrial Employment (Standing Orders) Act, 1946.
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain
Establishments) Act, 1988
The Maternity Benefit Act, 1961
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
The Payment of Gratuity Act, 1972
The Payment of Wages Act, 1936
The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Building and Other Construction Workers Cess Act, 1996
The Apprentices Act, 1961
Unorganized Workers Social Security Act, 2008
Working Journalists (Fixation of Rates of Wages Act, 1958
Merchant Shipping Act, 1958
Sales Promotion Employees Act, 1976
Dangerous Machines (Regulation) Act, 1983
Dock Workers (Regulation of Employment) Act, 1948
Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
Private Security Agencies (Regulation) Act, 2005
The Employers’ Liability Act, 1938
The Factories Act, 1948
The Motor Transport Workers Act, 1961
The Personal Injuries (Compensation Insurance) Act, 1963
The Personal Injuries (Emergency Provisions) Act, 1962
The Plantation Labour Act, 1951
The Sales Promotion Employees (Conditions of Service) Act, 1976
The Trade Unions Act, 1926
The Weekly Holidays Act, 1942
The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
The Workmen’s Compensation Act, 1923
The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
The Children (Pledging of Labour) Act 1938
The Bonded Labour System (Abolition) Act, 1976
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966