Industrial Relations Trade Unions & Labour Legislation

✍ Scribed by Sinha PRN, Indu Bala Sinha, Seema Priyadarshini Shekhar

• Publisher: Pearson Education
• Year: 2004
• Tongue: English
• Leaves: 653
• Category: Library

✦ Table of Contents

Cover
Preface
Contents
List of Tables
List of Charts
Chapter 1: Trade Unionism
Definition
Origin
Separation between Capital and Labour
Philosophy of Laissez-Faire
Lack of Bargaining Power on the Part of Workers
Individual Dispensability but Collective Indispensability
Emergence of Trade Unionism
Legal and Other Handicaps of Early Trade Unions
Objectives of Trade Unions
Methods of Trade Unions
Mutual Insurance
Collective Bargaining
Political Action/Legal Enactment
Legitimacy of the Methods
Trade Union Activities
Economic Activities
Political Activities
Social Activities
International Activities
Determinants of the Rate of Trade Union Growth
Industrial Commitment of Labour Force
Changes in the Composition of Labour Force
Variations in the Business Activity
Change in Technology
Trade Union Leadership
Structure of Union Organisation
Union Security Provisions in Collective Agreements and Laws
Attitude of Employers towards Unionism
Political and the Legal Framework
Role of Political Parties
Value System and Public Opinion
Proximity Influence
References
Chapter 2: Structure and Government of Trade Unions
Bases of Organisation
Craft Unions
Industrial Unions
General Unions
Craft vs Industrial Unions
Points of Strength of Craft Unions
Points of Weakness of Craft Unions
Points of Strength of Industrial Unions
Points of Weakness of Industrial Unions
Trade Union Federations
Problems of Government and Administration
Problems of Administration in the Early Days
Present Administrative Structure
Democracy vs Efficiency
Trade Unions as Service Organisations
Compulsory Unionism
Closed Shop
Union Shop
Maintenance of Membership Shop
Union Security Clauses
Arguments for Compulsory Unionism
Arguments against Compulsory Unionism
‘Agency Shop’ and ‘Approved Closed Shop’ in Great Britain
References
Chapter 3: Trade Union Movement in Great Britain
Early Years
1830–1849
Trades Unionism vs Trade Unionism
The Chartist Movement
1850–1879
New Model Unionism
Attempts at Forming a National Organisation
Birth of the Trades Union Congress
Trade Union Participation in Political Elections
1880–1899
New Unionism
Birth of the Labour Party
Trade Unions during Early 20th Century
Taff-Vale Case
The Osborne Judgement
The First World War Period
The Inter-War Period
The General Strike, 1926
Consolidation after the General Strike
The Second World War Period
The Post-Second World War Period
Membership and Size
The Trades Union Congress
Structure of the Trades Union Congress
Annual Congress
General Council
Relationship with Affiliates
Relationship with the Labour Party
The Present Position
Rights of Employees to Belong or Not to Belong to Trade Union
Check-off
Leadership Elections
Recognition of Trade Unions
Trade Union Funds and Property
Political Fund
Prohibition of ‘Closed Shop’
Strike Ballot
References
Chapter 4: Trade Union Movement in India-Up to 1949
Early Years
The First World War Period
1920–1929
Formation of the AITUC
Expansion in the Number of Trade Unions and Membership
Enactment of the Indian Trade Unions Act, 1926
Increase in the Frequency of Industrial Disputes Causing Work-Stoppages
Growth of the Left-Wing Influence on the Indian Trade Union Movement
Tenth Session of the AITUC and the Split
1930–1939
The Great Depression and Trade Union Activities
Reunification of Trade Union Movement
Formation of Congress Ministries under the Government of India Act, 1935
Assessment of the Achievements of the Congress Ministries
Limitations of the Congress Ministries
1940–1949
The Second World War Period
Attitude Towards the War and the Split in the Trade Union Movement
Impetus to Trade Union Growth and Increase in the Number of Industrial Disputes
Dearness Allowance and Bonus
Inauguration of the Practice of Compulsory Adjudication
Tripartite Bodies in the Field of Labour and Industrial Relations
Post-Independence Period
Formation of INTUC and Other Central TU Organisations
References
Chapter 5: Trade Union Movement in India-1950 Onwards
Industrial Policy Resolutions
Industrial Policy Resolution, 1956
Industrial Policy of 1991
Influence of Industrial Policies on the Broader Role of Trade Unions
Growth of Trade Unions
Extent of Unionisation in Different Industries
Statewise Picture of Trade Unions
Growth of Trade Union Federations
Central Federations of Trade Unions
International Affiliations
Industrial Disputes during 1950–2001
Trade Union Cooperation and Consultative Machinery
Non-statutory (permanent)
Non-statutory (ad hoc)
Statutory
References
Chapter 6: Size and Finance of Indian Trade Unions
Size
Frequency Distribution
Factors Responsible for the Small Size
Consequences of Small Size of Trade Unions
Finance
Income and Expenditure
Sources of Income
Ways of Improving Finance
Check-off System
References
Chapter 7: Structure and Government of Indian Trade Unions
Structure
Primary Unions at the Base
Primary Unions of the Industrial Type
Primary Unions of the General Type
Primary Unions of the Craft Type
Affiliation of the Primary Unions
Industrial Federations
Central Federations
Government
Government of Primary Unions
General Body Meeting
Executive Committee
Is the Government of Primary Unions Democratic
Government of Industrial Federations
General Body or Conference
General Council
Working Committee
Government of Central Federations
Annual Delegates’ Meeting
General Council
Working Committee
State and Regional Branches
Political Committees
References
Chapter 8: Indian Trade Unions, Political Parties, and Problem of Leadership
Indian Trade Unions and Political Parties
General Background
Domination by Political Parties
Advantages of the Domination
Disadvantages of the Domination
Trade Union Rivalry along Political Lines
Emergence of Factionalism
Proper Relationship
Problem of Leadership
Who are the Outsiders
Unaffiliated Leadership
Adverse Consequences of Outside Leadership
Factors Responsible for the Persistence of Outside Leadership
Relative Immaturity of the Indian Trade Union Movement
Hold of Political Parties
Sociological Factors
Fear of Victimisation
Illiteracy of Indian Workers and Language Difficulties
Small Base of the Indian Trade Unions and their Poor Financial Resources
Role of the State and the Increasing Prestige of Politicians
Distinction between an Outsider and an Insider
First National Commission (1969) on Labour on Outside Leadership
Role of Workers’ Education
Futility of the Controversy
References
Chapter 9: Trade Union Rivalry and Recognition
Code of Conduct and Trade Union Rivalry
Should Recognition be Made Compulsory
Which Unions to be Recognised
Statutory Measures
Non-statutory Measures
Recognition of Majority Union and Problems Involved
Criteria to Determine the Representative Character of Unions
First NCL on Recognition of Trade Unions
Levels of Recognition
Rights of Recognised vs Minority Unions
First NCL on the Rights of Recognised Unions
Role of Minority Unions
Recognition of the Majority Union by Minority Union
Recommendations of the Second NCL (2002)
References
Chapter 10: Industrial Relations-Definition and Main Aspects
Definition
Evolution of Industrial Relations
Dominant Aspects of Industrial Relations
Cooperation
Conflict
Nature of Industrial Conflict
Industrial Disputes
Specific Causes of Industrial Disputes
Interests and Rights Disputes
Results of Industrial Conflict
References
Chapter 11: Industrial Disputes and Strikes
Strike
What is a Strike
Causes of Strikes/Industrial Disputes
Forms of Strike
Authorised and Unauthorised Strikes
General and Particular Strikes
Types Based on Techniques
Types Based on Generic Purposes
Gherao
Factors Conditioning the Outcome of Strikes
On the Side of the Union
On the Side of the Employer
General
Effects of Strikes
Effects on the Parties to the Strike
Effects on Others
Effects on the Society as a Whole
An Evaluation of the Right to Strike
Chapter 12: Methods of Settling Industrial Disputes
Settlement without State Intervention
Collective Bargaining
Voluntary Arbitration
Settlement under the Influence of the State
Compulsory Establishment of Bipartite Committees
Establishment of Compulsory Collective Bargaining
Conciliation and Mediation
Compulsory Investigation
Compulsory Arbitration or Adjudication
Adjudication or Compulsory Arbitration in India
Adjudication/Compulsory Arbitration vs Collective Bargaining
Arguments for Adjudication/Compulsory Arbitration
Arguments against Adjudication/Compulsory Arbitration
Different Methods of Dispute Settlement in India
Machinery for the Prevention and Settlement of Industrial Disputes in India
Statutory Machinery
Non-statutory Bodies
Indian Labour Conference and Standing Labour Committee
Code of Discipline in Industry
Industrial Committees
Wage Boards
Board of Arbitration for Central Government Employees
Other Tripartite Bodies at the Central Level
State Labour Advisory Boards
Other Tripartite Bodies at the State Level
First National Commission on Labour (1969) on the Methods of Settling Industrial Disputes
Collective Bargaining
Voluntary Arbitration
Conciliation and Adjudication (Industrial Relations Commission)
Procedure for the Settlement of Industrial Disputes
Labour Courts
Tripartite Bodies
Recommendations of the Second NCL (2002)
References
Chapter 13: Collective Bargaining
Meaning of Collective Bargaining
Importance of Collective Bargaining
Improvement in the Conditions of Workers
Check on Autocracy in Industry
Promotion of Lasting Industrial Peace
Conducive to Managerial Efficiency
Development of Industrial Rules
Significant for Society and Economy
Units and Levels of Collective Bargaining
Plant or Establishment Level
Local Level
Region/Area Level
Industry Level
National Level
Factors Influencing Bargaining Units and Levels
Structure of Trade Union Organisation
Nature of Ownership of Industrial Enterprises
Nature of Industrial Relations Laws and Governmental Policy
Other Factors
Subject Matters of Collective Bargaining
Growth of Collective Bargaining in India
Developments Prior to Independence
Developments since Independence
Collective Agreements
Hurdles to Collective Bargaining in India
Voluntariness in Recognition of Unions
Ineffective Procedure for the Determination of Representative Union
Outside Leadership in Trade Unions
Provision of Elaborate Adjudication Machineries
Restrictions on Strikes and Lock-outs
Comprehensive Coverage of Labour Laws
Inadequate Unionisation
Other Factors
Recommendations of the Second NCL (2002)
References
Chapter 14: Labour-Management Cooperation/Workers' Participation in Management
Meaning
Goals
As a Means of Increasing Productivity
As a Means of Promoting Industrial Democracy
As a Means of Avoiding Conflict and Friction
Traditional Forms of Control and Management of Enterprises under Capitalism
Arguments for the Owners’ Absolute Right to Manage
Arguments against the Owners’ Absolute Right to Manage
Different Degrees and Forms of Labour-Management Cooperation/Workers’ Participation in Management
Schemes of Workers’ Participation in Management in India
Works Committees (1947)
Composition
Functions
Working and Assessment
Joint Management Councils (1958)
Objectives
Composition
Functions
Working
Board-Level Participation (1970)
Workers’ Participation under Old 20-Point Programme (1975)
Shop Councils
Joint Councils
Unit Councils and Joint Councils in Commercial and Service Organisations in Public Sector (1977)
Unit Councils
Joint Councils
Some Subsequent Developments
Varma Committee (1977)
Scheme of Employees’ Participation in Public Sector Undertakings (1983)
Composition
Functions
Joint Councils in Government Service
Joint Councils in Railways, Posts and Telegraphs, and Defence Establishments
Workers’ Participation in the Private Sector
Labour Management Cooperation in TISCO
Labour-Management Cooperation in the Indian Aluminium Company
Participation of Workers in Management Bill, 1990
Objects and Reasons
Main Provisions of the Bill
Shop-floor Council
Establishment Council
Representation on Board of Management
Other Provisions
Recommendations of the Second NCL (2202)
Hurdles to Workers’ Participation in Management in India
References
Chapter 15: Principles of Labour Legislation
Other Institutions Controlling Human Behaviour
Declining Influence of Religious Orders and Social Customs
Rise of Modern Social Legislation
Social Legislation and Labour Legislation
Forces Influencing Modern Social and Labour Legislation
Early Industrialism
Rise of Trade Unionism
Growth of Political Freedom and Extension of Franchise
Rise of Socialist and Revolutionary Ideas
Growth of Humanitarianism, and Social Welfare and Social Justice
International Labour Organisation (ILO)
Forces Influencing Social and Labour Legislation in India
Colonial Rule
Struggle for National Emancipation and the Adoption of Indian Constitution
Old and Archaic Basis of the Indian Social System
Indian Constitution and Social and Labour Legislation
Fundamental Rights
Directive Principles of State Policy
Distribution of Legislative Powers
Principles of Modern Labour Legislation
Principle of Protection
Principle of Social Justice
Principle of Regulation
Principle of Welfare
Principle of Social Security
Principle of Economic Development
Principle of International Obligation
Types of Labour Legislation
Protective Labour Legislation
Regulative Legislation
Social Security Legislation
Welfare Legislation
References
Chapter 16: Factory Legislation
Factory Legislation in Great Britain
Factory Legislation in India
Factories Act, 1881
Indian Factories Act, 1891
Indian Factories Act, 1911
Indian Factories (Amendment) Act, 1922
Factories Act, 1934
Factories Act, 1948
Some Important Definitions
Approval, Licensing, and Registration of Factories
Inspecting Staff
Certifying Surgeons
Health
Cleanliness
Disposal of Wastes and Effluents
Ventilation and Temperature
Dust and Fumes
Artificial Humidification
Overcrowding
Lighting
Drinking Water
Latrines and Urinals
Spittoons
Safety
Fencing of Machinery
Work on or near Machinery in Motion
Employment of Young Persons on Dangerous Machines
Striking Gear and Devices for Cutting Off Power
Self Acting Machines
Casing of New Machinery
Probibition of Employment of Women and Children near Cotton Openers
Hoists, Lifts, Lifting Machines, and Others
Revolving Machinery
Pressure Plant
Floors, Stairs and Means or Access
Pits, Sumps, Openings in Floors, and Others
Excessive Weights
Protection of Eyes
Precautions against Dangerous Fumes, Gases, and Others
Precautions Regarding Use of Portable Electric Light
Explosive or Inflammable Dust, Gas
Precautions in Case of Fire
Specifications of Defective Parts or Tests of Stability
Safety of Buildings and Machines
Safety Officers
Power to Make Rules
Dangerous Operations
Prohibition of Employment on Account of Serious Hazard
Notice of Certain Accidents
Notice of Certain Dangerous Occurrences
Notice of Certain Diseases
Inquiry into Cases of Accident or Disease
Power to Take Samples
Safety and Occupational Health Surveys
Provisions Relating to Hazardous Processes
Constitution of Site Appraisal Committee
Compulsory Disclosure of Information
Special Responsibility of the Occupier in Relation to Hazardous Processes
Appointment of Inquiry Committee
Emergency Standards
Permissible Limits of Exposure of Chemical and Toxic Substances
Workers’ Participation in Safety Management
Right of Workers to Warn about Imminent Danger
Welfare
Washing Facilities
Facilities for Storing and Drying Clothing
Facilities for Sitting
First Aid Facilities
Canteens, Shelters, Rest Rooms, and Lunch Rooms
Creches
Welfare Officers
Power to Make Welfare Rules
General Provisions on Health, Safety, and Welfare
General Duties of the Occupier
General Duties of Manufacturers Regarding Articles and Substances for Use in Factories
Right of Workers Relating to Health and Safety
Obligations of Workers
Working Hours of Adult Workers
Daily and Weekly Hours of Work, Intervals for Rest and Spreadover
Additional Restrictions on the Employment of Women
Weekly Holiday
Exempting Orders for Exceptional Pressure of Work
Extra Wages for Overtime
Register of Adult Workers
Prohibition of Overlapping Shifts
Notice of Periods of Work
Employment of Young Persons
Certificate of Fitness
Working Hours for Children
Register of Child Workers
Notice of Periods of Work for Children
Annual Leave with Wages
Wages during Leave Period
Penalties
General Penalties for Offences
Penalty for the Contravention of Provisions Relating to Hazardous Processes
Penalty for Obstructing Inspector
Penalty for Wrongfully Disclosing Results of Analysis
Penalty Relating to Casing of New Machinery
Penalties for Offences by Workers and Parents
Penalty for Offence by a Medical Practitioner
Penalty for Employing Child Labour
Cognizance of Offences
Other Provisions
Working and Assessment
Extent of Effectiveness in Ensuring Safety
Position of Inspection and Violations
Nature of Minimum Standards
Wide Scope for Giving Exemptions
Difficulties in Application in New Processes
Recommendations of the Second NCL (2002)
References
Chapter 17: Payment of Wages Legislation
Objectives of Payment of Wages Legislation
Payment in Kind
When Paid in Cash, Payment in Illegal Tender
Arbitrary Deductions
Irregular Payment and Non-payment Altogether
Payment of Wages Act, 1936
Scope
Definition of “Wages”
Responsibility for Wage Payment
Fixation of Wage Period
Time of Payment of Wages
Payment in Legal Tender
Permissible or Authorised Deductions
Total Amount of Deductions
Miscellaneous Provisions
Appeal
Attachment of Property of Employer, and Others
Contracting Out
Registers, Records, and Notices
Inspectors
Penalties
Procedure in the Trial of Offences
Payment of Undisbursed Wages in Case of Death
Power to Make Rules
Working and Assessment
Recommendations of the Second NCL (2002)
References
Chapter 18: Minimum Wage Legislation
Objectives of State Regulation of Wages
Minimum Wages Act, 1948
Scope
Fixation of Minimum Rates of Wages
Procedures for Fixing Minimum Rates of Wages
Revision of Minimum Rates of Wages
Minimum Rates of Wages during Pendency of Industrial Disputes
Mode of Payment
Payment of Minimum Rates of Wages and Deductions from Wages
Payment of Wages Act, 1936 to Scheduled Employments
Hours of Work, Overtime and Weekly Rest, and Others
Miscellaneous Provisions
Working
An Appraisal
Recommendations of the Second NCL (2002)
References
Chapter 19: Equal Remuneration Legislation
Equal Remuneration Act, 1976
Scope
Duty of Employer to Pay Equal Remuneration
Prohibition of Discrimination in Recruitment or Other Conditions of Service
Advisory Committee
Authorities for Hearing and Deciding Claims and Complaints
Maintenance of Registers
Inspectors
Penalties
Cognizance and Trial of Offences
Other Provisions
An Assessment
References
Chapter 20: Trade Union Legislation
Background
Efforts at Amendments
Trade Unions (Amendment) Act, 1947
Trade Unions Bill, 1950
Industrial Relations Bill, 1978
Trade Unions (Amendment) Bill, 1982
Trade Unions (Amendment) Act, 2001
Trade Unions Act, 1926
Definitions
Appointment of Registrar, Additional and Deputy Registrars
Registration
Rights of Registered Trade Unions
Liabilities of Registered Trade Unions
Miscellaneous Provisions
Change of Name and Amalgamation
Dissolution of a Registered Trade Union
Returns
Penalties
Regulations
An Assessment
Recommendations of the Second NCL (2002)
References
Chapter 21: Legislation Concerning Settlement of Industrial Disputes
Legislation Preceding Industrial Disputes Act, 1947
Employers and Workmen (Disputes) Act, 1860
Indian Trade Disputes Act, 1929
Indian Trade Disputes (Amendment) Act, 1932
Trade Disputes (Extending) Act, 1934
Trade Disputes (Amendment) Act, 1938
Rule 81(A) of the Defence of India Rules
Enactment of Industrial Disputes Act, 1947
Subsequent Amendments
Basic Elements of Public Policy
Industrial Disputes Act, 1947
Some Important Definitions
Authorities and Reference of Disputes
Grievance Settlement Authority
Works Committee2
Conciliation Officer3
Board of Conciliation4
Court of Inquiry
Labour Court
Tribunal
National Tribunal
Arbitrators and Voluntary Reference of Disputes to Arbitration
Miscellaneous Provisions Relating to Procedures, Powers of Adjudication
Payment of Full Wages Pending Proceedings to Higher Courts
Commencement and Conclusion of Proceedings
Publication and Commencement of Award
Period of Operation of Awards
Persons on Whom an Award is Binding
Certain Matters to be Kept Confidential
Prohibition of Strikes and Lock-outs
General Prohibition of Strikes
Prohibition of Strikes in Public Utility Services
Prohibition of Lock-outs
Illegal Strikes, and Lock-outs
Prohibition of Financial Aid to Illegal Strikes and Lock-outs
Lay-off, Retrenchment, and Closure
Lay-off
Retrenchment
Closure
Procedure for Retrenchment
Re-employment of Retrenched Workmen
Definition of Continuous Service for the Purposes of Lay-off and Retrenchment Compensation
Duty of an Employer to Maintain Muster Rolls of Workmen
Effects of Laws Inconsistent with the Provisions Concerning Lay-off and Retrenchment under the Act
Special Provisions for Lay-off, Retrenchment, and Closure
Special Provisions for Lay-off
Conditions Precedent to Retrenchment of Workmen
Closure of Undertakings
Unfair Labour Practices
By Employers and Trade Unions of Employers (Employers’ Associations)
By Workmen and Trade Unions of Workmen
Other Provisions
Change of Conditions of Service during Pendency of Proceedings
Change of Conditions of Service of Protected Workmen
Special Provision for Adjudication of Disputes Relating to Change of Conditions of Service
Notice of Change
Protection of Persons
Representation of Parties
Penalties
Cognizance of Offences
Power to Exempt
Power to Amend Schedules
Recovery of Money Due from Employer
Power to Make Rules
State Laws
Bombay Industrial Relations Act, 1946
U.P. Industrial Disputes Act, 1947
M.P. Industrial Relations Act, 1960
An Assessment
Extensive Governmental Intervention in the Field of Industrial Relations
Limited Effectiveness of Authorities
Obstacle in the Development of Collective Bargaining
Frequent Violations of Provisions Relating to Strikes and Lock-outs
Opposition to the Provisions Relating to Lay-off, Retrenchment and Closure
Exhaustive List of Unfair Labour Practices
Undue Protection to Individual Workmen
Recommendations of the Second NCL (2002)
References
Chapter 22: Industrial Employment (Standing Orders) Legislation
Industrial Employment (Standing Orders) Act, 1946
Some Definitions
Submission of Draft Standing Orders and Conditions for Certification
Certification of Standing Orders
Appeal
Date of Operation of Standing Orders
Duration and Modification of Standing Orders
Other Provisions
Model Standing Orders under the Central Industrial Employment (Standing Orders) Rules
Model Standing Orders on Additional Items Applicable to All Industries
An Assessment
Recommendations of the Second NCL (2002)
Chapter 23: Evolution and Growth of Social Security Legislation in India
Evolution and Growth of Social Security in Selected Countries
ILO on Social Security
Evolution and Growth of Social Security Legislation in India
Royal Commission on Labour
Bombay Textile Labour Enquiry Committee, 1937
Cownpore Labour Enquiry Committee, 1937
Bihar Labour Enquiry Committee, 1938
First Labour Ministers' Conference, 1940
Second Labour Ministers' Conference, 1941
Third Labour Ministers' Conference, 1942
Prof. Adarkar’s Report
Further Developments
Employees’ State Insurance Act, 1948
Provisions for Old Age
Provision against Unemployment
Gratuity
Existing Social Security Laws
Need for a Comprehensive Social Security Scheme
Recommendations of the Second NCL (2002)
Chapter 24: Workmen's Compensation Legislation
Workmen’s Compensation Legislation in UK
Doctrine of Assumed Risk
Doctrine of Contributory Negligence
Doctrine of Common Employment and Fellow Servants' Responsibility
The “Personal Claim Comes to an End with the Death of Either Party” Doctrine
The Doctrine of Unknown Person’s Responsibility
Workmen’s Compensation Legislation in India
Workmen’s Compensation Legislation
Workmen’s Compensation Act, 1923 (Main Provisions)
Some Important Definitions
Employer’s Liability for Compensation
Arising ‘Out of’ and ‘In the Course of’ Employment
Arising ‘in the Course of’ Employment
Arising ‘out of’ Employment
Occupational Diseases
Amount of Compensation
For Death
For Permanent Total Disablement
For Permanent Partial Disablement
For Temporary Disablement
Payment for Funeral Expenses
Review and Commutation of Half-monthly Payments
Compensation to be Paid in Time
Distribution of Compensation in Certain Cases
Medical Examination
Claims before a Commissioner
Other Provisions
Remedies of Employer against Contractor and Stranger
Insolvency of Employer
Compensation in the Event of Transfer of Assets
Special Provisions Relating to Masters and Seamen, Captains and Crew of Aircrafts, Workmen Abroad of Companies and Motor Vehicles
Contracting Out
Commissioner for Workmen's Compensation
Appearance of the Parties
Registration of Agreements
Reports and Statements Regarding Fatal Accidents
Appeals
Returns
Penalties
Power to Make Rules
Right to Compensation Where Employees’ State Insurance Act is in Force
Working
An Assessment
Recommendations of the Second NCL (2002)
References
Chapter 25: Maternity Benefit Legislation
Growth of Maternity Benefit Legislation in India
Central Acts
Central Maternity Benefit Act, 1961 (Main Provisions)
Scope
Qualifying Conditions
Rate and Duration of Maternity Benefit
Continuance of Payment of Maternity Benefit in Certain Cases
Medical Bonus
Claim and Payment of Maternity Benefit
Restriction on Employment of Women during Certain Periods
Forfeiture of Maternity Benefit
Other Provisions
Administration
Working
An Assessment
Recommendations of the Second NCL (2002)
References
Chapter 26: Employees' State Insurance Act, 1948
Scope
Power to Exempt
Some Important Definitions
Contributions
All Employees to be Insured
Rates of Contributions and their Payment
Principal Employer to Pay Contributions in the First Instance
Recovery of Contributions from Immediate Employer
Employee’s Contribution not to be Paid in Certain Cases
Method of Payment of Contributions
Determination of Contributions in Certain Cases
Recovery of Contributions
Other Provisions Relating to Contributions
Contribution Period and Benefit Period
Benefits
Sickness Benefit
Maternity Benefit
Disablement Benefit
Conditions under Which Disablement Benefit is not Payable
Observance of Certain Conditions by the Recipients of Disablement Benefit
Rehabilitation Allowances
Presumption as to Accident Arising in the Course of Employment
Accidents While Acting in Breach of Regulations
Accidents While Travelling in Employer’s Transport
Accidents While Meeting Emergency
Determination of Questions of Disablement
Dependants’ Benefit
Medical Benefit
Provision of Medical Treatment by State Government
Establishment and Maintenance of Hospitals, and so on by the Corporation
Provision of Medical Benefit by the Corporation in Lieu of the State Government
Funeral Expenses
Miscellaneous Provisions Pertaining to Benefits
Benefits Not to be Combined
Persons Not Entitled to Benefits in Certain Cases
Benefit Payable Up to and Including the Day of Death
Benefit Not Assignable or Attachable
Bar of Benefits under Other Enactments
Persons Not to Commute Cash Benefits
Repayment of Benefit Improperly Received
Liability of Owner or Occupier of Factories, and Others for Excessive Sickness Benefit
Employer Not to Reduce Wages, and So Forth
Employer Not to Dismiss or Punish Employee During Period of Sickness, Leave, and So On
Extension of Medical Care to Families of Insured Persons
Administration
Employees’ State Insurance Corporation
Standing Committee
Medical Benefit Council
Inspectors
Adjudication of Disputes and Claims
Penalties
Other Provisions
Power of Central Government to Make Rules
Power of State Government to Make Rules
Power of Corporation to Make Regulations
Working
Position of Expansion of the Scheme
Expenditure on Various Benefits
Position of Hospitals, Dispensaries, and Others
Others
An Assessment
Limited Application
Burden on Small Employers
Disparities in the Scale of Medical Benefit
Possibility of Misuse of Sickness Benefit
Complex Administrative Arrangement
Low Standards of Benefits
Recommendations of the First NCL (1969)
Recommendations of the Second NCL (2002)
References
Chapter 27: Provident Fund Legislation
The Background
Provident Funds Act, 1925
Royal Commission on Labour (1931)
Proposals for Model Provident Fund Rules
Coal Mines Provident Fund and Bonus Schemes Act, 1948
Workers’ Provident Fund Bill, 1948
Employees’ Provident Funds Act, 1952
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (Main Provisions)
Scope
Framing of the Schemes and Establishment of Funds
Employees’ Provident Funds Scheme
Central Board of Trustees
Executive Committee
State Board
Officers
Contributions
Employees’ Deposit-linked Insurance Scheme
Employees’ Pension Scheme
Miscellaneous Provisions
Laying of the Schemes before Parliament
Modification of the Schemes
Determination of Moneys Due from Employers
Employees’ Provident Funds Appellate Tribunal
Interest Payable by the Employer
Recovery of Moneys Due from Employers
Protection against Attachment
Priority of Payment of Contributions Over Other Debts
Employer Not to Reduce Wages, and Others
Special Provisions Relating to Existing Provident Funds
Authorising Certain Employers to Maintain Private Provident Funds
Transfer of Accounts
Power to Exempt
Inspectors
Penalties and Cognizance of Offences
Recovery of Damages
Protection of Action Taken in Good Faith
Delegation of Powers
Power of Central Government to Give Directions
Power to Make Rules
Schemes under the Act
Employees’ Provident Funds Scheme, 1952
Coverage
Contribution
Rate of Interest
Investment
Withdrawals
Working
Employees’ Deposit-Linked Insurance Scheme, 1976
Contribution
Benefits
Investment
Employees’ Pension Scheme, 1995
Coverage
Finance
Benefits
Other Benefits
An Assessment
Recommendations of the Second NCL (2002)
References
Chapter 28: Payment of Gratuity Act, 1972
Enactment of Payment of Gratuity Act, 1972
Payment of Gratuity Act, 1972 (Main Provisions)
Scope and Coverage
Some Important Definitions
Qualifying Conditions
Rate and Amount of Gratuity
Right of Employee to Better Terms of Gratuity
Deduction from and Forfeiture of Gratuity
Determination and Payment of Gratuity
Recovery of Gratuity
Protection of Gratuity
Compulsory Insurance
Other Provisions
An Assessment
Recommendations of the Second NCL (2002)
References
Chapter 29: Child Labour (Prohibition and Regulation) Act, 1986
Children (Pledging of Labour) Act, 1933
Employment of Children Act, 1938
ILO’s Conventions and Recommendations
Provisions of Constitution
Observations and Recommendations of Commissions and Committees
National Policy for Children, 1974
Committee on Child Labour (Gurupadswamy Committee)
Enactment of the Child Labour (Prohibition and Regulation) Act, 1986
Child Labour (Prohibition and Regulation) Act, 1986 (Main Provisions)
Objectives
Some Important Definitions
Prohibition of Employment of Children in Certain Occupations and Processes
Occupations in which Employment of Children under 14 is Prohibited
Processes in which Employment of Children under 14 is Prohibited
Child Labour Technical Advisory Committee
Regulation of Conditions of Work of Children
Other Provisions
Penalties and Procedure
An Assessment
Certain Subsequent Developments
National Policy on Child Labour, 1987
UN Convention on the Rights of the Child, 1989
National Commission on Rural Labour, 1991
The Supreme Court Judgement, 1996
International Programme on the Elimination of Child Labour (IPEC)
ILO’s Worst Forms of Child Labour Convention, 1999
Recommendations of the Second NCL (2002)
References
Chapter 30: Shops and Establishments Acts
Bihar Shops and Establishments Act, 1953 (Main Provisions)
Some Important Definitions
Exceptions
Registration of Establishments
Opening and Closing Hours of Establishments
Hours of Work, Rest Intervals, Spreadover, Weekly Holidays, and Others
Employment of Children and Young Persons
Leave with Wages
Wages
Dismissal, Discharge, and Termination of Employment
Inspecting Officers
Penalties and Cognizance of Offences
Other Provisions
Recommendations of the First National Commission on Labour (1969)
Recommendations of the Second NCL (2002)
References
Chapter 31: Labour Administration
Concept of Labour Administration
Scope or Fields of Labour Administration
Importance of Labour Administration
Evolution and Growth of Labour Administration in India
Position Prior to 1919
1919–1935
Position since 1935
Constitutional Provisions
Expansion of Labour Laws
Other Developments
Labour Administration Machinery of the Central Government
The Main Ministry (Secretariat)
Office of Chief Labour Commissioner
Directorate General, Factory Advice Service and Labour Institutes
Labour Bureau
Directorate General, Employment and Training
Attached Offices
Subordinate Offices
Autonomous Organisations
Employees’ State Insurance Corporation
Employees’ Provident Fund Organisation
Central Board for Workers’ Education (CBWE)
V.G. Giri National Labour Institute
Adjudication Bodies
Board of Arbitration
Labour Administration Machinery of State Governments
Department of Labour and Employment (Secretariat)
Office of the Labour Commissioner
Chief Inspectorate of Factories
Chief Inspectorate of Boilers
Office of Chief Inspector, Shops and Establishments
Directorate, Employment and Training
Directorate, Medical Services (ESI Scheme)
Social Security Directorate
Adjudication Authorities
Evaluation and Suggestions
Role of ILO in Labour Administration
Recommendations of the Second NCL (2002)
References
Chapter 32: International Labour Organisation
Early International Efforts to Regulate Conditions of Labour
Preamble to the Constitution
Fundamental Principles and the Philadelphia Charter
Membership
Organisational Structure
International Labour Conference
Governing Body
International Labour Office
Conventions and Recommendations
Conventions
Recommendations
Major Activities of ILO
Means Adopted
Creation of International Standards of Labour
Employment Promotion
Collection and Distribution of Information and Publication
Research and Studies
Training
Improvement of Working Conditions and Working Environment
Development of Social Institutions
Other Activities
International Standards of Labour and their Influence on Indian Labour Legislation
International Standards of Labour
Conditions of Work
Hours of Work
Weekly Rest
Holidays with Pay
Wages
Labour Administration and Inspection
Employment of Children and Young Persons
Minimum Age of Employment
Medical Examination
Night Work
Preparation for Employment
Worst Forms of Child Labour
Employment of Women
Maternity Protection
Night Work
Employment in Unhealthy Processes
Equal Pay
Health, Safety, and Welfare
Safety
Industrial Hygiene and Health
Welfare
Social Security
Workmen’s Compensation
Sickness Insurance
Invalidity, Old Age and Survivors’ Insurance
Unemployment Provision
Broader Forms of Social Security
Industrial Relations
Employment and Unemployment
Employment Offices
Forced Labour
Public Works Policy
Other Special Categories
Influence on Indian Labour Legislation
Conditions of Work
Hours of Work
Weekly Rest
Holidays with Pay
Protection of Wages
Minimum Wages
Labour Administration
Employment of Children and Young Persons
Employment of Women
Health, Safety, and Welfare
Social Security
Industrial Relations
Employment and Unemployment
Other Special Categories
Difficulties in the Adoption of Conventions and Recommendations
Problems of Ratification
Countries with Higher Labour Standards
Countries Having a Federal Set-up
Countries Where Subject Matters of Conventions are Regulated by Collective Agreements
Industrially Backward Countries
Chapter 33: Recommendations of the Second National Commission on Labour (2002)
Terms of Reference
Recommendations Relating to Organised Sector
Coverage of the Recommendations
Categories of Labour Laws and Modifications of Certain Definitions
Law Relating to Labour Management Relations
Recommendations in Specific Areas of Industrial Relations
Trade Unions and Trade Union Legislation
Negotiating Agent and Check-off
Standing Orders
Suspension Allowance
Grievance Redressal Committee
Notice of Change
Lay-off, Retrenchment, and Closure
Machineries for Settlement of Industrial Disputes
Arbitration
Adjudication
Conciliation
Lok Adalats
Others
Strike and Lock-out
Workers’ Participation in Management
Small Establishments
Wages and Bonus
Hours of Work, Working Conditions, Leave, Safety, and Others
General Law on Working Conditions, and Others
Others
Social Security
Workmen’s Compensation
Maternity Benefit
Employee’s State Insurance (ESI) Scheme
Provident Funds (PF), Gratuity and Unemployment Insurance
National Renewal Fund
Education Allowance
Welfare Funds
Area-based Scheme
National Social Assistance Programme
National Employment Assurance Scheme
Others
Broader Aspects of Social Security
Women and Child Labour
Women Labour
Child Labour
Skill Development
Labour Administration
Workers’ Participation in Management
Review of Wages and Wage Policy
Recommendations Relating to Unorganised Sector
Draft Laws Relating to Organised Sector
Draft Law on Labour Management Relations
Hours of Work, Leave and Other Working Conditions at the Workplace Act
Draft Law on Wages
Small Enterprises (Employment Relations) Act
Indicative Law on Child Labour
Model Standing Orders
Unorganised Sector Workers (Employment and Welfare) Bill
Index
Subject Index