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Equal Opportunity and
the Law
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Labor legislation in IndiaLabor legislation in India
India has an elaborate labor legislationIndia has an elaborate labor legislation
framework, largely covering the organizedframework, largely covering the organized
sectorsector
The legislations are criticized for being too rigidThe legislations are criticized for being too rigid
and inflexibleand inflexible
The legislations are rooted in the constitution ofThe legislations are rooted in the constitution of
IndiaIndia
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
The constitution of India is rooted in the principles ofThe constitution of India is rooted in the principles ofdemocracy, socialism, and secularismdemocracy, socialism, and secularism
The specific provisions concerned with labor and workThe specific provisions concerned with labor and work
are found in the fundamental rights section and theare found in the fundamental rights section and the
directive principles of state policydirective principles of state policy
The constitution distributes the powers to handle laborThe constitution distributes the powers to handle labor
related legislations between and state legislaturesrelated legislations between and state legislatures
Separate constitutional provisions exist to regulateSeparate constitutional provisions exist to regulate
conditions of work of civil servants (governmentconditions of work of civil servants (government
employees)employees)
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
(continued)(continued)
Fundamental RightsFundamental Rights
Article 14: Equality before lawArticle 14: Equality before law
Article 15b : Prohibition of discrimination onArticle 15b : Prohibition of discrimination on
grounds of religion, race, caste, sex, or place ofgrounds of religion, race, caste, sex, or place ofbirthbirth
Article 16: Equality of opportunity in matters ofArticle 16: Equality of opportunity in matters of
public employmentpublic employment
Article 17: Abolition of untouchabilityArticle 17: Abolition of untouchability
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
(continued)(continued)
Right to FreedomRight to Freedom
Article 19 deals with the protection of certainArticle 19 deals with the protection of certain
rights regarding freedom of speech, etcrights regarding freedom of speech, etc
Right Against ExploitationRight Against Exploitation
Article 21 deals with the right to lifeArticle 21 deals with the right to life
Article 23 deals with the prohibition of traffickingArticle 23 deals with the prohibition of trafficking
of human beings and forced laborof human beings and forced laborArticle 24 deals with the prohibition ofArticle 24 deals with the prohibition of
employment of children in factoriesemployment of children in factories
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
(Continued)(Continued)
Directive Principles of state policyDirective Principles of state policy
Article 38: State to secure a social order for theArticle 38: State to secure a social order for the
promotion of welfare of the peoplepromotion of welfare of the people
Article 39: Certain principles of policy to be followed byArticle 39: Certain principles of policy to be followed bythe statethe state
Article 41: right to work, to education and publicArticle 41: right to work, to education and public
assistance in certain cases.assistance in certain cases.
Article 42: Provision for just humane conditions of workArticle 42: Provision for just humane conditions of workand maternity reliefand maternity relief
Article 43: Living wage, etc, for workersArticle 43: Living wage, etc, for workers
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
(Continued)(Continued)
Article 43A: Participation of workers in management ofArticle 43A: Participation of workers in management of
industriesindustries
Article 45: Provision from free and compulsoryArticle 45: Provision from free and compulsory
education for childreneducation for children
Article 46: Promotion of educational and economicArticle 46: Promotion of educational and economic
interests of scheduled caste, schedules tribes and otherinterests of scheduled caste, schedules tribes and other
weaker sectionweaker section
Article 47: Duty of the state to raise the level of nutritionArticle 47: Duty of the state to raise the level of nutrition
and standard of living and to improve public healthand standard of living and to improve public health
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
(Continued)(Continued)
Articles affecting government employmentArticles affecting government employment
Article 309: Refers to recruitment and conditions ofArticle 309: Refers to recruitment and conditions of
service of people employed by government.service of people employed by government.
Article 310: Specifies the tenure of persons holdingArticle 310: Specifies the tenure of persons holding
office.office.
Article 311: Refers to dismissal, removal and demotionArticle 311: Refers to dismissal, removal and demotion
of government employeesof government employees
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Constitution of India and Labor LegislationConstitution of India and Labor Legislation
(Continued)(Continued)
Labor Jurisdiction for Central and StateLabor Jurisdiction for Central and State
governmentgovernment
Article 246 and the seventh schedule of theArticle 246 and the seventh schedule of the
constitution of India specify distribution ofconstitution of India specify distribution ofpowers (legislative) between the central andpowers (legislative) between the central and
state governmentstate government
Labor is placed in the concurrent List or List IIILabor is placed in the concurrent List or List III
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Laws related to Industrial RelationshipsLaws related to Industrial Relationships
The Trade Unions Act, 1926.
The Industrial Employment (Standing Orders) Act,
1946.
The Industrial Disputes (ID) Act, 1947.
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The Trade Unions Act, 1926
The act allows freedom for any seven employees toapply to register a trade union, but a later amendment
in 2001 specified the minimum membership as 10% of
the employees or 100 employees, whichever is less.
Trade unions are to be registered with the appropriate
government-appointed Registrar of Trade Unions.
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Industrial Employment (Standing Orders)
Act, 1946
The act formally defines conditions of employmentincluding recruitment, discharge, disciplinary action,working hours, holidays and leaves.
The act is applicable to industrial establishmentsunder the jurisdiction of central and state
governments. It serves to reduce conflict and communication
mechanism between management and labor.
Industrial Disputes (ID) Act, 1947
The act was formulated with the objective of having a machinery and procedure for theinvestigation and settlement of industrial disputesin place.
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Laws Related to Wages
The Payment of Wages Act, 1936The act ensures payment of wages on time.
The Minimum Wages Act, 1948
The act sets the framework for declaring the
minimum wages payable for occupations, both informal and the informal sectors.
It specifies the structure and procedure for fixing
and revising the minimum wages at regular
intervals.
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Laws Related to Working Hours,
Conditions of Services and Employment
The Factories Act, 1948The act safeguards the health, safety and welfare of
workers in establishments covered by the act.
The Shops and Commercial Establishments Act,
1961The act deals with work-related aspects of shops
and commercial establishments.
It prohibits employment of children, underage
people, and women during night hours.It lays down the procedure for dismissal, discharge,
and termination of employment.
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Laws Related to Equality and
Empowerment of Women
The Maternity Benefit Act, 1961It provides job security and support to pregnant
women.
The Equal Remuneration Act, 1976
The act prevents gender-based discrimination in
employment and wages.
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Laws Related to Social Security
Workmens Compensation Act, 1923The act provides compensation to employees in cases ofmishaps at work.
Employees State Insurance Act, 1948
The act provides relief to employees anddependents in cases of sickness or events thatprevent them from working.
Various benefits given to eligible employees are: Sickness benefit in cash
Maternity benefit in cash Disablement benefit in cash
Dependents benefit in cash
Funeral expenses in cash
Medical benefit as service and kind
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Laws Related to Social Security (Continued)
Employees Provident Funds And MiscellaneousProvisions Act, 1952
The act provides security to employees during
times of distress and old age.
Payment of Gratuity Act, 1972
The act provides for gratuity payment to all
employees at the prescribed rates, currently 15
days for every year of service.
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Guidelines for Handling Sexual
Harassment Complaints
The Supreme Court of India has given thefollowing guidelines for defining sexual
harassment of women:
Sexually determined behavior (whether directly or
by implication) Physical contact and advances
A demand or request for sexual favors
Sexually colored remarks
Showing pornography
Any other unwelcome physical, verbal or non-
verbal conduct of a sexual nature.
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Discriminatory Employment PracticesDiscriminatory Employment Practices
Selection
Educational
Requirements
Tests
Preference to Relatives
Height, Weight, and
Physical Characteristics
Arrest Records
Application Forms
Discharge Due toGarnishment
Recruitment
Word of Mouth
Misleading Information
Help Wanted Ads
Personal Appearance
Dress
Hair
Uniforms
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Diversity Management ProgramDiversity Management Program
1
2
3
4
5
Steps in a Diversity Management Program:
Assess the situation
Provide strong leadership
Provide diversity training and education
Change culture and management systems
Evaluate the diversity management program
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Is the Diversity Initiative Effective?Is the Diversity Initiative Effective?
Are there women and minorities reporting directly toAre there women and minorities reporting directly tosenior managers?senior managers?
Do women and minorities have a fair share of jobDo women and minorities have a fair share of job
assignments that are stepping stones to successfulassignments that are stepping stones to successful
careers in the company?careers in the company?
Do women and minorities have equal access toDo women and minorities have equal access to
international assignments?international assignments?
Are female and minority candidates in the companysAre female and minority candidates in the companys
career development pipeline?career development pipeline?
Are turnover rates for female and minority managersAre turnover rates for female and minority managers
the same or lower than those for white male managers?the same or lower than those for white male managers?
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Important Indian Labor LawsImportant Indian Labor Laws
Trade Unions Act, 1926
Industrial Employment (Standing Orders) Act, 1946
Industrial Disputes (ID) Act, 1947
Payment of Wages Act, 1936
Minimum Wages Act, 1948
Factories Act, 1948 Shops and Commercial Establishments Act, 1961
Maternity Benefit Act, 1961
Workmens Compensation Act, 1923
Employees State Insurance Act, 1948
Employees Provident Funds And Miscellaneous Provisions Act, 1952
Payment of Gratuity Act, 1972
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