1.2.Introduction to LL

8/3/2019 1.2.Introduction to LL

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Prof.Shipra Mishra

27th Dec, 2011


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` Law/LaborLegislation

` Why Legal aspects of HR?

` Institutions controlling behavior

` Social Legislation & LaborLegislation

` Objectives ofLaborLegislation

`

Factors influencing labor legislation


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` Indian Constitution and LaborLegislation

` Fundamental Rights

` Directive Principles of State Policy

` Distribution ofLegislative Powers

` Principles ofLaborLegislation

`

Classification ofL

aborL

egislation


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Religion Social customs

Law

They operate in the area of controlling and

directing individual action into desirablechannels.


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` Law/legislation is an instrument to control,restrain and guide the behavior and courses ofaction of individuals and groups in the society.

` Law creates rights and privileges.

` It imposes duties, obligations and restrictions as

absolute freedom will lead to clash.


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` Decline of religious orders & social institutionshelped modern law grow

` It modifies, eliminates and replace old beliefs

`As per Jeremy Bentham, aim of civil legislation(state legislation) is

To provide subsistence To aim at abundance To encourage equality To maintain security


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` Bridges the gap between existing law and thecurrent needs of the society

` Addresses the social evils

`

Protects the interests of under privileged andhandicapped

` Aims at progress of certain section of the society

` In broader aspect , all laws may come under itsper view

` Examples are laws related to child marriage,dowry, untouchabilty etc.


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` Deals only with occupational status and problems

of an individual

` Regulates individual and group behavior as all law

but only covers employers and employees` Normal citizen does not get affected by it

` It protects workers interest as well as regulates

them

` Examples are laws relating to compensation,factory legislation, trade union etc.


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` Protection against employers action and vice versa

` Establishment of justice

` Improve working conditions and labor standard

` Fixation, payment & revision of wages` Service conditions specifying rights & obligations

` Freedom of association and formation of unions

` Provision of opportunities to all workers, irrespective of

caste, creed etc` Creation of conditions for economic growth


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` Social security benefits

` Compulsory notification by employers

`

Welfare facilities & social amenities` Control & abolish contract labor

` Furnishing statistics

` Regulate and control sick units

`

Ensure Industrial Peace` Ensure Human Rights & Dignity


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1. Early exploitative industrial society which followed Industrial

Revolution

- excessive work hours, unhealthy working conditions, low-wages, young children workers etc.- Lead to early factory legislation due to social thinkers etc

2. Rise of Trade Unionism

- Later stage started getting recognition

- helped protecting labor interest but also led to disputes, strikes and unrest

3. Growth of Political freedom- working class representative sent to legislatures

- fight for labor cause at political level


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4. Rise of Socialist /revolutionary Ideas

- Marx advocated overthrowing capitalist economy which exploits labor

- Establishment of communist and socialist parties

5. Growth of Humanitarianism, Social Welfare & Social Justice

- Humanitarian and social reformers like Hume, Place, Shaftesbury etc

advocate social welfare & justice

6. ILO : International Labor Organization

-established in 1919, accepted labor is not a commodity, slogan

poverty anywhere constitutes a danger to prosperity everywhere

- persistent investigation into working conditions of labor

-through Conventions & Recommendations created internationalminimum standards of labor that constitutes International Labor Code

- India, a founder member and is greatly influenced by it.


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` Colonial Rule

- protecting British interest

- Earliest Law: Tea District Emigrant Labour Act, 1832 steady supply of labor in Assam &

Bengal tea gardens

- Workmens Breach of Contract Act, 1859- prohibits desertion of tea gardens

- All administrators from British

` Struggle for National Emancipation & Adoption of Indian

Constitution

-struggle and mass movement by downtrodden

-influence of Russian Revolution-Indian Trade Union movement leads to formation of The Trade Union Act,1926

-Royal Commission on Labour formed in 1929

` Old Archaic Basis of Indian Social System


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` A constitution is a legal document having a special legal sanctity

which sets out the framework and principles that define the nature &

extent of government

` The supreme law

` Regulates the relationship between institutions of the state

` Source of all legislations


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` Part III- Article 14-35 deals with Fundamental Rights` Fundamental Rights are justice able but subject to reasonable restrictions

` Right to Equality(Art 14 18)

-The state shall not deny to any person equality before law or equal

protection of law but varying needs often require separate treatment.

- classification on the basis of age, sex(children & women), nature of trade,

promotion rules etc may be done, eg/- reservation

-Eg/- Classification of Regular & casual employees for payment of minimum

wages not accepted

-Section 16 says equality of opportunity but exception for backward class

` Right to Freedom(Art 19-22)

- Citizens' right- any profession, occupation, trade, business but the right

is not absolute. Restrictions are

Reasonable restriction on public interest

Prescribing qualification

Enabling the state to carry business.

`


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` Right against Exploitation(Art 23-24)

-any form of forced labor

- human trafficking

-bonded labor

- employment of children under 14

` Right to Freedom of Religion(Art 25-30)

` Cultural and Educational Rights(Art 29-30)

` The Right to Constitutional Remedies(Art 32-35


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` DPSP are not enforceable by any court, but theyare fundamental in the governance of the countryand it is the duty of the state to apply them inmaking laws. (Art 37)

` State should strive to promote welfare by securing& protecting a social order by promoting justice -

social, economic political-in institutions of nationallife


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` Art38(1):promote welfare by securing & protecting a social order by

promoting justice -social, economic and political-in institutions of national

life

` Art 39: men, women get equal & adequate means of livelihood, equal pay,

work to match health, age & strength, sufficient opportunity for children to

develop, no moral or mental exploitation

` Art41: right to work, education, public assistance in cases of

unemployment, old age, sickness, backward and handicap.

` Art42:Provision for just and humane conditions of work and maternity relief

` Art43;A living wage, decent standard of life, full enjoyment of leisure, social& cultural activities to all

` Art43A:participation of workers in mgt:


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` Art45: free & compulsory education for all up to 14 years of age

` Art 46: Protection of educational & economic interest of ST/SC and

against all social injustice and forms of exploitation

` Art 47:public health and nutrition to be promoted and prohibit drinks

& drugs which are injurious to health


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` Article 246 of Constitution and Seventh Schedule distributeslegislative power between state and centre

` Three list for the purpose: Union, State and Concurrent

` Parliament has exclusive power on Union List

` Both Parliament & State have power on Concurrent List

` Only State has power on State List, though there may be exceptions


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` Railway

` Shipping and Navigation

` Ports

` Airways

` Posts and Telegraphs

` Banking

` Industrial Disputes concerning union employees

` Regulation of labor and safety in mines and oilfields

` Union Pension etc

Any labor and social problem in industries which there in this list becomes

subject of enactment of law by Parliament


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` Prisons, reformatories, borstal institutions

` Relief of disabled and unemployed

` Betting and gambling

` State pensions


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` Trade Union, industrial & labor disputes

` Social Security and social insurance, employment

& unemployment

` Welfare of labor

` Relief and rehabilitation etc


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These principles made law progressive rather thanrepressive :

1. Principle of Protection

2. Principle of Social Justice

3. Principle of Regulation

4. Principle of Welfare

5. Principle of Social Security

6. Principle of Economic Development

7. Principle of International Obligations


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` Protect workers who are not able to protect themselves

` Worker of hazardous industries

` Protection against earlier inhuman working process

` First factory legislation- Health and Morals of Apprentices Act, 1802

in England due to social reformers to protect.

` Eg/- Factories Act,1948, Mines Act,1952, Child Labor(Prohibition &

Regulation) Act,1986 etc

` Imp subjects: fixation of maximum hrs of work, minimum wage rate,weekly rest & holidays, minimum age of employment, prescription of

safety measures etc


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` Advocates equality in social relationships

` Removes discriminations between different groups of labor like

slaves, serfs, bonded labors etc.

` Discrimination between men & women in wages and other term of

employment

` Prohibits discrimination on the basis of caste, creed race, sex and

religion

` Eg/- Indian Slavery Act,1843, Equal Remuneration Act,1976,

Bonded Labor System(Abolition) Act etc.


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` Regulates relationship between employers and their associations

` Regulates relationship between workers and their organisations

` Safeguards societys interest against adverse impact of collision of above

two.

` When employers were stronger, laws in favor of employees made and viceversa

` Eg/- Trade Unions Act,1926, Industrial Disputes Act,1947 and Industrial

Employment(Standing Orders) Act,1946, Labor Management Relations

Act,1947, Trade Union and Labor Relations (Consolidation) Act,1992 of

Great Britain


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` Provides special welfare amenities to the employees and their

families

` Provides basic amenities to workers at work place

` Improves living condition of workers and their families

` Promotes labor efficiency, establishes industrial peace and ensure

stable & satisfied workforce.

` Eg: Special welfare provision under Factories Act,1948,Mines Act,

1952 and Plantation Labour Act, 1951, Mica Mines Labour Welfare

Funds Act,1946, State Labour Welfare Acts etc


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` Life uncertain due to disablement, old age, accident and death, hence social securityrequired through legislation

` Two categories: a) social insurance legislation

-Requires contribution(both side) and fulfillment of certain conditions

- often supplemented by state grants

- no link with the financial status or needs of the beneficiaries

rated fixed by law

- they receive it as a matter of right

b) social assistance legislation

-they receive it as a matter of right

-no contribution from the beneficiaries

-paid to person who have insufficient means and on consideration of minimum

needs

Eg: In India-Maternity Benefit Act, 1961, Employees State Insurance Act,1948, In UK:

Social Security Pension Act, National Assistance Act, In USA: Old Age, Survivors,

Disability and Health Insurance Act


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` Improvement of working conditions

` Industrial Peace

` Provisions for settlement of industrial disputes

` Formation of forums of workers

` Participation in mgt

` Prohibition on unfair labour practices

` Restriction on strikes & lock outs etc..

leads to economic development of a country


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` Enactment of labor law giving effect to resolution of ILO,

UN etc

` Resolution of ILO is through Conventions &

Recommendations` Conventions are obligation creating instruments,

countries ratifying them have to implement it as law

` Recommendations are sent to member states to be

considered while framing laws.


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Protective LaborLegislationRegulative LegislationSocial Security LegislationWelfare LegislationWage LegislationMiscellaneous Legislation


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LaborLaborLegislationsLegislations

RegulativeRegulativeLegislationLegislation

ProtectiveProtective

legislationlegislation

Wage legislationWage legislationSocial SecuritySocial Security

LegislationLegislation

MiscellaneousMiscellaneous

LegislationsLegislations

The Employees PF &

Miscellaneous

Provisions Act, 1952

The ESI Act, 1948

The Workmens

Compensation Act,

1923

Maternity Benefit Act,

1961

Payment of Gratuity

Act, 1972

Contract Labor (Regulation

& Abolition) Act, 1986

The Apprentice Act, 1961

The Bonded Labor System

(Abolition) Act, 1976

Child Labor (Prohibition &

Regulation) Act, 1986

Interstate Migrant Workmen(Regulation of Employment

& Conditions of Service) Act,

1978

TU Act, 1926

Maharashtra Prevention

of Unfair Labor

Practices Act, 1971

Industrial Dispute Act,

1947

Industrial Employment(Standing Order)

Act, 1946

Factories Act,

1948

Shops &Commercial

Establishment

Act

Minimum Wages Act ,1948

Payment of Wages

Act, 1936

Equal Remuneration

Act, 1976

The Payment of Bonus

Act, 1965


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Main objective: regulate relation between employers &

employees, workers & trade unions, employees & their

associations and settles disputes

Examples:

` Trade Union Act, 1926

` Industrial Employment (Standing Order) Act, 1946

` Industrial Dispute Act, 1947

` Maharashtra Prevention of UnfairLabor Practices Act,1971


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Main Objective: Protect Labour standards and

improve working conditions

Examples:` Factories Act, 1948

` (Bombay) Shops & Commercial Establishments

Act,1948

` Mines Act,1952


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Main Objective: frames methods and manner of

wage payment and fixation of minimum wages

for workers

Examples:

` Payment of Wages Act, 1936

` Minimum Wages Act , 1948

` The Payment of Bonus Act, 1965

` Equal Remuneration Act, 1976


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Main Objective: provide social security benefits under

contingencies of life and work

Examples:

` The Workmens Compensation Act, 1923

` The Employees State Insurance Act, 1948

` The Employees PF & Miscellaneous Provisions Act,

1952

` Maternity Benefit Act, 1961

` Payment of Gratuity Act, 1972


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` Main Objective: promotes general welfare and specific

aim of improving living conditions of workers

Examples:

Limestone and Dolomite Mines Labour Welfare Fund

Act,1972

The Mica Mines Welfare Fund Act,1946

The Cine Workers Welfare Fund Act,1981

Beedi Workers Welfare Fund Act,1976


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` Contract Labor (Regulation & Abolition) Act, 1970

` The Apprentice Act, 1961

` The Bonded Labor System (Abolition) Act, 1976

` Child Labor (Prohibition & Regulation) Act, 1986` Interstate Migrant Workmen (Regulation of Employment

& Conditions of Service) Act, 1978

` Emigration Act, 1983

` Sales Promotion Employees (Condition of Service)

Act,1976


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1.2.Introduction to LL

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