LFGHR IN GENERAL

To secure to each labourer the whole product of his labour, or as nearly as possible, is a worthy object of any good Government Abraham Lincoln.

Meaning Of LFGHR
L- Legal F Framework G - Governing H Human R-Relations LFGHR means a set of rules governing working relations between employees and employers , employees and government and employers and government employees.

Labour Law
Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Labour law defines the rights and obligations as workers, union members and employers in the workplace

Labour Law Covers

Industrial Relations certification of unions, labour-management relations, collective bargaining and unfair labour practices; Workplace Health And Safety; Employment Standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay.

Categories of labor law

Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees rights at work and through the contract for work.

The Emergence Of Labour Law

From the view of convenience , the history of industrial legislation can be divided into three parts Initial Period ( Till 1918 A.D) Period prior to independence ( 1918 A.D to 1947 ) Period since independence ( from 1947 till now )

Initial Period ( Till 1918 A.D)

During this period the process of industrial
legislation was very slow few enactments were made In the beginning of the period Indian Fatal Accident Act ,1855 came into existence. Its object was to expound the liability of the accidents with regard to workers. Workmens Breach Of Contract Act 1860 was enacted. This act was a violent assault on the right of workers .

In this act there was the provision to punish the worker for the breach of contract. This leads to tremendous dissatisfaction spread among the workers and therefore, the then contemporary British government set up an Industrial Commission.

In 1881 A.D Employees And Workmen ( Disputes ) Factories was enacted , despite the passage of the above acts there was not much improvement in the condition of workers. Afterwards Factories Act 1890 was passed and its object was to give maximum facilities to the workers. A Mining Enquiry Committee was formed to overview the situations of the mining workers and on the basis of their suggestions in 1901 A.D Indian Mines act was enacted .

Period Prior To Independence ( 1918 A.D To 1947 )

In the beginning of the twentieth century when the First World War was ended then there was a new awakening in the laborers or the working class of the entire world. This led to the enactment of various laws Workmens Compensation Act 1923 Trade Union Act 1926 Mining (Amendment) Act, 1923 Indian Dock Labourers Act, 1934 Indian Merchant Shipping Act, 1923 Indian Railways Act, 1890 Children (Pledging Of Labor) Act,1933 Mines Maternity Act, 1921

Period Since Independence ( From 1947 Till Now )

In this period there have been revolutionary changes in the industrial sphere. The rights of the workers got legal recognition. In the period the following Acts were enacted Industrial Disputes Act,1947 Payment Of Minimum Wages Act, 1952 Employees State Insurance Act, 1948 Employment Exchange Act, 1961 Payment Of Bonus Act, And Payment Of Gratuity Act , 1972 Workmens Provident Fund Act, 1952

Need Of Labour Legislation

Labour organizations are relatively weak and in most of the cases, they depend merely on the mercy of the employers. In many organizations, workers may feel occupational insecurity. In any factories, there important working conditions on account of which the employees health and safety is always in danger .

 Labour Legislationis one of the most progressiv e and dynamic instruments for achieving socioeconomic progress. Labour legislationis also necessary from the viewpoint of law and order situation and national security of the country

Elements Of Labour Law

The basic subject matter of labour law can be considered under nine broad heads Employment; Individual Employment Relationships Wages And Remuneration; Conditions of Work Health, Safety, And Welfare; Social Security; Trade Unions And Industrial Relations; The Administration Of Labor Law; And Special Provisions For Particular Occupational Or Other Groups.

Purpose Of Labour Legislation

Labour legislation that is adapted to the economic and social challenges of the modern world of work fulfils three crucial roles: It establishes a legal system that facilitates productive individual and collective employment relationships, and therefore a productive economy; By providing a framework within which employers, workers and their representatives can interact with regard to workrelated issues,

 It serves as an important vehicle for achieving harmonious industrial relations based on workplace democracy. It provides a clear and constant reminder and guarantee of fundamental principles and rights at work which have received broad social acceptance and establishes the processes through which these principles and rights can be implemented and enforced.

Objectives Of Labour Legislation

The main objectives for various labour laws areas follows : To protect the workers from profit seeking exploiters To promote cordial industrial relations between employers and employees. To preserve the health safety and welfare of workers. To product the interests of women and children working in the factories. To improve their working and living conditions, To encourage settlement of industrial dispute amicably for the purposeof maintaining industrial peace and harmony,

 To provide for a legal machinery to take care of various aspects of socio-economic importance and environment, To ensure social justice to both the employers and the employees , To reduce tensions and chances of victimization, To create an environment of peaceful coexistence, To ensure safeguard and safe environment for workmen in fact ories and industries, To compensate the injured workmen and their dependents in the event of accident,

PRINCIPLES OF LABOUR LEGISLATION There are four principles on which the labour legislation is based Social Justice Economic Justice National economy International conventions

LABOUR JURISDICTION-STATE VS CENTRAL

Under the Constitution of India, Labour is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre.

Labour Policy of India

Creative measures to attract public and private investment. Creating new jobs New Social security schemes for workers in the unorganized sector. Social security cards for workers. Unified and beneficial management of funds of Welfare Boards. Model employee-employer relationships. Long term settlements based on productivity.

Classification Of Various Labour Laws

Labour Laws can be classified into the following eight categories: Laws related to Industrial Relations Laws related to Wages Laws related to Specific Industries Laws related to Equality and Empowerment of Women Laws related to Deprived and Disadvantaged Sections of the Society Laws related to Social Security Laws related to Employment & Training Others

Overview Of Important Labor Laws

The Factories Act

Applicability : Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power, where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power.

Scope : An Act to consolidate and amend the law regulating labour in factories Comments : This Act covers basic rules and regulations for starting of a new factory and maintaining it consistently under the conditions prescribed in the Act for safety and health and welfare of the employees.

Employees Provident Fund And Misc. Provisions Act, 1952

An Act to provide for the institution of provident funds, pension funds and deposit linked insurance fund for the employees in the factories and other establishments Extends to the whole of India except the State of Jammu and Kashmir

Applicability
Applies to all factories and establishments in which 20 or more are employed Continuity of application Exemption Where employees get benefits in the nature of provident fund or old age pension fund from the establishment which are not less favorable than the benefits under the Act.

Schemes under the Act

Three beneficial schemes1.Employees Provident Fund Scheme1952 2.Employees Pension Scheme 1995 3.Employees Deposit Linked Insurance 1976

Membership
An employee at the time of joining the employment and getting wages up to Rs.6500/is required to become a member. an employee is eligible for membership of fund from the very first date of joining a covered establishment.

The Employees State Insurance Act

Applicability : Every factory & establishment (for employees drawing wages less than Rs. 7,500/-) Scope : An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Comments : This act covers all rules and regulations related to employee safety & health issues.

The Payment of Gratuity Act

Applicability :
Every factory, every shop & establishment in which ten or more persons are employed, or were employed on any day of the preceding twelve months. Scope : An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops and other establishments and for matters connected therewith or incidental thereto.

 Comments :
Every employee who has completed his 4 years and 240 days uninterrupted continuous service is eligible to get benefits under this Act. While calculating the refund to the employee the basic pay is to be divided by 26 days and the employee gets 15 days of basic pay for every completed year.

The Payment of Bonus Act

Applicability : Every factory & every other establishment in which twenty or more persons are employed on any day during an accounting year.
Scope : An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. Comments : Every factory or establishment completed 5 years or the year in which it earns profits whichever is earlier, this Act is applicable then onwards. Registers to be maintained and Returns to be submitted on applicability of this Act.

The Payment of Wages Act 1936

Applicability :Every Factory

Scope : An Act to regulate the payment of wages to certain classes of employed persons.
Comments :

This Act covers various rules regarding payment of wages like date of payment, place of payment, mode of payment, verification by principle employer and records thereof. It also describes eligible deduction from wages and related procedures.

The Workmen's Compensation Act 1923

Applicability : Every Factory

Scope : An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. Comments :
The Act speaks about the compensation payable in case of disablement due to occupational hazards. ESI can be substituted by having insurance policy under the Act to take care of compensation payable, if any.

The Minimum Wages Act 1948

Applicability :Every Factory
Scope : An Act to provide for fixing minimum rates of wages in certain employments.

Comments : This Act covers rules & regulations regarding minimum wages applicable to nature of industry which is decided based on process carried out. It also covers the index for Dearness Allowance .

The Maternity Benefit Act 1961

Applicability : Every shop & establishment in which ten or more persons are employed on any day of the preceding twelve months or where Employees State Insurance Act is applicable for the time being. Scope : An Act to regulate employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefits and certain other benefits.

Comments : This act describes maternity benefits to the working women in certain establishments.

The Industrial Disputes Act, 1947

OriginThe Industrial Disputes Act, 1947 came into existence in April 1947. It was enacted to make provisions for investigation and settlement of industrial disputes and for providing certain safeguards to the workers.

The Act contains 40 sections divided into 7

chapters Chapter I deals with the title, definitions, etc Chapter II contains the various authorities under the Act. These authorities include Conciliation Officers, Labour Courts and Tribunals. Chapter III contains the main scheme of the Act such as reference of disputes to Labour Courts and Industrial Tribunals. Chapter IV lays down the procedure, power and duties of the authorities constituted under the Act. Chapter V contains provisions to prohibit strikes and lockouts, declaration of strikes and lockouts as illegal, and provisions relating to lay-off and retrenchment and closure. Chapter-VI contains provisions of various penalties under the Act. ChapterVII contains miscellaneous provisions.

Objective of the Act

The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations. ApplicabilityThe Industrial Disputes Act extends to whole of India and applies to every industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed therein.

The Industrial Employment (Standing Orders) Act 1946

Applicability : Every industrial establishment wherein fifty or more workmen are employed on any day of preceding twelve months. Scope : An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments. Comments : This Act regulates basic terms and conditions of employment. The employer can get its rules and regulations certified from the competent authority or The Model Standing Orders described in the Act gets applied to the establishment.

The Contract Labour (Regulation & Abolition) Act 1970

Applicability :

Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities, to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.

 Scope :

An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.
Comments : The principle employer and the contractor should obtain a permission by applying for registration to The Competent Authority.

The Mines Act, 1952

The Act seeks to regulate the working conditions in mines by providing for measures to be taken for the safety of workers employed therein and certain amenities for them.

Judicial System in India

India has a three-tier court system District court High court Supreme court

A Number Of Special Courts And Tribunals In India

1. Tax Tribunals 2. Consumer Dispute Redressal Forums 3. Insurance Regulatory Authority of India 4. Industrial Tribunals 5. Debts Recovery Tribunals 6. Company Law Board 7. Motor Accidents Claims Tribunals 8 Labour Courts

What matters fall within the jurisdiction of Industrial Tribunals?

1. Wages, including the period and mode of payment 2. Compensatory and other allowances 3. Hours of work and rest intervals 4. Leave with wages and holidays 5. Bonus, profit sharing, provident fund and gratuity 6. Shift working otherwise than in accordance with standing orders 7. Classification by grades 8. Rules of discipline 9. Retrenchment of workmen and closure of establishment

What matters fall within the Jurisdiction of Labour Courts?

1. The propriety or legality of an order passed by an employer under the standing orders 2. The application and interpretation of standing order 3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully dismissed. 4. Withdrawal of any customary concession or privilege 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those being referred to Industrial Tribunals.

Stages of adjudication in labour or industrial disputes

The first is receiving a reference from the appropriate Government or filing of the labour dispute in the Labour Court. The next step is sending notice to the Management and after filing of the response by them, The matter is fixed for adjudication. The fourth step is recording the evidence of the parties and hearing the arguments. It is appropriate to mention here that advocates cannot appear in Labour Courts/Industrial Tribunals, unless permitted.

The final conclusion of the dispute

After hearing the parties, the Labour Court/Industrial Tribunal decides the dispute and the said final decision is called an Award. A copy of the award is to be published by the Labour Department as per rules. Copies of the same are also sent to the parties concerned. Execution of Awards In case the management does not comply with the terms of the award, the workman may pray for its execution by moving an application before the concerned Conciliation Officer.

Important Authorities Under The Labour Law In India

Ministry of Labour and Employment , Government of India
The main objectives of the Ministry of Labour and Employment are the following: Labour Policy and legislation; Safety, health and welfare of labour; Social security of labour; Policy relating to special target groups such as w omen and child labour; Industrial relations and enforcement of labour laws in the Central sphere; Adjudication of industrial disputes through Central Government Industrial Tribunals cum Labor Courts and National Industrial Tribunals.

Importance Of Labour Laws In India

Lack Of Strong Labour Union Movement Illiteracy Problem Of Absenteeism And Migration Low Level Of Health And Nutrition Extreme Poverty Lack Of Training Lack Of Healthy Recreation Industrial Backwardness Of India

Does labor laws of India need a change ?

These laws are much disorganized. They more than benefiting the common people , put them into legal doldrums. Strict rules regarding the hiring and firing policy .

 The Work Bank has conducted a research on the hiring and firing policies of companies across various countries and 100 points were given to the country which has the most rigid rules regarding the employment policy.

Conclusion
Governments need to encourage and make understand the workers about the need and essence of reform of labour regulation. It is the responsibility of the Government to convince the workers to support the reform procedures.