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Labour Law Demystified

In: Other Topics

Submitted By sksubudhi9
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LABOUR LAWS: DEMYSTIFIED

CONSTITUTIONAL SCHEMA
Art 246: Subject matter of laws made by Parliament and by the Legislatures of States
Art 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of
States
Concurrent List: Seventh Schedule: List III
Entry 22: Trade unions; industrial and labour disputes
Entry 23: Social security and social insurance; employment and unemployment
Entry 24: Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits

Central Bank of India Vs State of Kerala (SC 2009)
…whether Central legislations will have primacy over State legislations are the questions which arise for determination in these appeals

SWING OF THE JUDICIAL OUTLOOK
Early years of Indian constitution
- Zamindari Abolition
- Land Ceiling
The socialist 70’s
-

Nationalisation pro-labour Liberal 90’s & Neo 21st century
-

Recalibration to the centre
Balancing act

ORGANISATION INTERFACE
External
-

Licenses & amendments
Exemptions
Periodic returns & filings

Internal
-

HR policies
Employee benefits
Joining docs
Disciplinary process

LABOUR LAWS: ILLUSTRATIVE LIST
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)

Contract Labour (Regulation And Abolition) Act, 1970
Apprentices Act, 1961
A.P. Shops And Commercial Establishments Act, 1988
Payment Of Gratuity Act, 1972
Payment Of Wages Act, 1936
Minimum Wages Act, 1948
Equal Remuneration Act, 1976
Payment Of Bonus Act, 1965
Employment Exchange (Compulsory Notification Of Vacancies) Act, 1959
Maternity Benefit Act, 1961
Employees Compensation Act, 1923
A.P. Labour Welfare Fund Act, 1987
Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
Employees’ State Insurance Act, 1948

SPECIFIC COMPLIANCES: ILLUSTRATION
The Sexual Harassment of Women at Workplace (Prevention, Prohibition &...

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