Industrial Relations and Labour Legislations: by Sandeep Bhangare

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Industrial Relations and

Labour Legislations
By
Sandeep Bhangare

Industrial Relation

Industrial Relation
Industry

refers to any productive


activity in which an individual (or a
group of individuals) is (are) engaged.

Relations

- The relationships that


exist within the industry between the
employer and his workmen.

Directly

or Indirectly
employer relationship

from

union-

Employer
(i)

in relation to an industry carried on by


or under the authority of any department
of 3*[the Central 4 Government or a State
Government], the authority prescribed in
this behalf, or where no authority is
prescribed, the head of the department;

(ii)

in relation to an industry carried on by


or on behalf of a local authority, the chief
executive officer of that authority;

Union
Any

3 person can form Union.


Any 7 person can form Union and
registered.
Recognized Union - Largest
membership of employees
employed in the undertaking,

GOVT.
Ministry

of Labour and
Employment , Government of
India
Chief Labour Commissioner (CLC)
Labour Commissioner ( State)
Labour Courts / Industrial
Tribunals

Industrial Relations
Tripartite

Relations

Industrial Dispute
Any

dispute or difference between


employers
and
employers
or
between employers and workmen,
or between workmen and workmen,
which is connected with the
employment or non-employment
or the terms of employment or
with the conditions of labour, of
any person;

Industrial Dispute
Dispute

or difference between
employers and workmen,

Industrial Dispute
between

workmen and workmen

Industrial Dispute
employers

and employers

Lab

o ur

egy

Leg
isla
tion

Stra
t

Industrial Relations

Labour Legislations
All

laws of the government to


provide social and economic
security to the workers.

These

acts
are
aimed
at
reduction of production losses
due to industrial disputes and to
ensure timely payment wages
and other minimum amenities to
workers.

Constitution and Labour


Legislation
The Constitution of India has conferred

innumerable rights on the protection of labour.


Articles 14, 19, 21, 23 and 24 form part of the
Fundamental Rights guaranteed under Part III
of the Constitution.
Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47
form part of the Directive Principles of State
Policy under Part IV of the Constitution.

Constitution and Labour


Legislation
Article

14 -

The concept of Equality before law.


Principle of equal pay for equal work
Article19(1)(c)

Fundamental right of citizen to form


an associations and union.
Article

21

Right to life, includes ,right to the


means of livelihood which make it
possible for a person to live.

Constitution and Labour


Legislation
Article

23

Traffic in human being.???


'Traffic in human beings' means
selling and buying men and women
like goods and includes immoral
traffic in women and children for
immoral" or other purposes.
Bonded Labour

Constitution and Labour


Legislation
Rights of woman employees
Article

16

The fundamental right of women


employees to equal treatment
Article

21

Right to life and privacy


Mrs. Neera Mathur v/s LIC of India.

Types of Labour
Legislations
Protective

Labour Legislation
Regulative Labour Legislation
Social Security Legislations
Welfare Legislations

Protective Labour Legislation

Protective Labour Legislation


To

protect
minimum
labour
standards and improve working
conditions are protective labour
legislations.
Legislations
laying
down
the
minimum Labour standards in the
areas of work, safety, employment
of children and women and also the
manner of wage payment come
under this category.

Protective Labour
Legislation
The

Factories Act, 1948


The Mines Act, 1952, The Plantation
Labour Act, 1951,
The Motor Transport Workers Act, 1961,
The Shops and Establishment Act
The Payment of Wages Act, 1936
The Minimum Wages Act, 1948
The Child Labour (Prohibition and
regulation) Act, 1986
Contract Labour (Regulation and Abolition)
Act, 1970

Regulative Legislations
To

regulate relationships between workers and trade


unions
To provide for methods and manners for settling
industrial disputes.
The rights and obligations of the organizations of
employers and workers

Regulative Legislations
Bombay

Industrial Relation Act.


The Trade Unions Act, 1926
The Industrial Disputes Act, 1947
The Industrial Employment
(Standing Orders) Act, 1946.
Maharashtra Recognition of Trade
Union & Prevention of Unfair
Labour Practices Act.

Social Security
Legislations
What

is Social Security?

the termsocial securitydescribes


a program that uses public funds to
provide a degree of economic
securityfor the public.
To

provide social security benefits to


the workmen during certain
contingencies of life are Social
Security Legislations.

Social Security
Legislations
The

Workmen's Compensation Act, 1923


The Employees State Insurance Act,
1948
The Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948
The Employees Provident Funds and
Miscellaneous Provisions Act,1952
The Maternity Benefit Act, 1961,
The Payment of Gratuity Act, 1972.

Welfare Legislations
Aim

at promoting the general


welfare of the workers and improve
their living conditions are Welfare
legislations.
The term Welfare in their titles.
provide for the funds which is spent
on improving the general welfare of
workers including housing, medical,
educational and recreational
facilities

Welfare Legislations
Mica

Mines Labour Welfare Fund


Act, 1946,
Iron Ore Mines, Manganese Ore
Mines and Chrome Ore Mines
Labour Welfare Fund Act, 1976
Beedi Workers Welfare Fund Act,
1976
Maharashtra Labour Welfare Fund
Act,

Special Acts
The

Sales Promotion Employees (Conditions of


Service) Act, 1976.
The Working Journalists & other Newspaper
Employees
(Conditions
of
service)
and
Miscellaneous Provisions Act, 1955
The Maharashtra Mathadi, Hamal and Other
Manual Workers Act, 1969
Buildingand otherConstructionWorkers' Welfare
CessAct, 1996 ('CessAct').
Domestic workers (Registration social security
and welfare )Act2008
The Bombay Police Act,1951 -Maharashtra
Police.

For Hospital and Healthcare


Institution
Medicare

Service Persons &


Medicare Service Institution
(Prevention of Violence, Damage
or Loss to Property) Act,
Maharashtra 2010.

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