LABOUR LAW -2

Presented by:
Submitted to:
Anuj Singh Raghuvanshi
Ms. Upasana Singh Course : B.A. LLB 4th Year
Asst. Professor , Law Semester: VIII th
Delhi Metropolitan Education Enrolment No. : 40451103817
Batch: 2017- 22
A comparative study of labour legislation
between India and Norway
AGENDA
1. General Overview

2. Employee Contracts
i. Notice Period
ii. Trial / Probation Period

3. Working conditions
iii. Minimum working conditions
iv. Overtime
v. Maximum Working Week
vi. Health and Safety in the Workplace

4. Employee benefits
vii. Healthcare and Insurances
viii. Required Leave
ix. Pensions
 GENERAL OVERVIEW: INDIA

 The Constitution of India provides the basic framework of all laws in India, including
laws relating to labour and employment.
 These laws come under concurrent list of the Constitution.
 Labour laws in India have been designed for factories, mines, plantations, shops,
commercial establishments etc. as well as those relating to payment of wages,
regulation of trade unions, provision of social security, industrial safety and hygiene.
 GENERAL OVERVIEW: NORWAY

 Norwegian labour laws refers to the rules and regulations governing individual and
collective relationships between employers and employees.
 Laws here are employee-friendly as compared to other countries.
 Employers must comply with the requirements of the Working Environment Act
(WEA), which is the main employment legislation.
 WEA regulates matters such as employment, requirements for work environment,
working hours, rights to leave, protection against discrimination, termination of
employment and rules regarding disputes concerning termination of employment.
 EMPLOYMENT CONTRACTS
INDIA NORWAY

Trial / Probation Period Trial Period

 Trial period for a maximum of six

 Permit is applicable for new months.

employees.  Validation requires to be in written in the

 employers can terminate employment contract.

employment if the employee is  Notice period is at least 14 days prior.

found unsuitable.  Trial period may be extended in the case

of absence of employee and such absence
is not caused by the employer.
 EMPLOYMENT CONTRACTS
INDIA NORWAY

Notice Period Notice Period

 Workmen’ who have undertaken at  During the trial period, the notice period is only 14
least 1 year of continuous service days. The employment contract may provide for a
are entitled to a notice period of 1 shorter or a longer notice period.
month.  Notice of termination given during the trial period runs
 Retrenchment compensation to the from the date the employee received the notice.
workman, which is calculated at the  Notice of termination given to the employees hired on
rate of 15 days wages for every a permanent basis must be minimum one month and
completed year of service. starts on the first day of the month.
 WORKING CONDITIONS
INDIA NORWAY

Minimum working conditions Minimum working conditions

 The Shop & Establishment Act have stipulations  Employers and employees are free to
relating to working hours, overtime, intervals of negotiate the terms and conditions of their
rest, provision of basic amenities such as drinking employment relationship.
water, toilets, first aid facilities et.  The Working Environment Act lays down
 The Standing Orders also have stipulations with minimum requirements for the work
respect to work timings, leave, overtime, holidays, environment, the workplace, working hours,
for industrial establishments engaging more than employment contracts, employment
100 workmen. protection, and dismissal.
 WORKING CONDITIONS
INDIA NORWAY

Salary Salary
 The Wages Act includes:  There are no statutory regulations concerning
(i) any remuneration payable under any award or minimum wages.
settlement between the parties or order of a  Wage levels and minimum wages are generally
Court laid down in collective bargaining agreements.
(ii) any remuneration to which the person  If the employment contract is part of a
employed is entitled in respect of overtime collective bargaining agreement, its regulations
work or holidays apply to matters of salary as well as to work
(iii) any additional remuneration payable under the and recruitment conditions.
terms of employment.
 WORKING CONDITIONS
INDIA NORWAY

Maximum Working Week

Maximum Working Week

 The maximum normal working hours shall not

 Employees cannot be required to work
exceed nine hours in twenty-four hours and
in any establishment for more than 9
forty hours in seven days.
hours a day or 48 hours a week,
 For certain groups such as shift workers, the
without attracting overtime payments.
normal working hours shall be less.
 From the age of 62 years, employees are entitled
to reduced working hours.
 WORKING CONDITIONS
INDIA NORWAY

Overtime Overtime

 As described above, employees  Overtime is only permitted when there

working longer than 9 hours a is an exceptional and time-limited need
day or 48 hours a week are for it.
typically entitled to overtime  Overtime cannot exceed 10 hours in 7
payments. days, 25 hours in 4 consecutive weeks,
and 200 hours during a period of 52
weeks.
 WORKING CONDITIONS
INDIA NORWAY

Health and Safety in the Workplace Health and Safety in the Workplace

 The various Shops and Establishment Acts  The working environment shall be fully satisfactory

have special provisions for ensuring safety and the standard of safety, health and working

of women who work during night shifts. environment shall be continuously developed and

 Also, under the Factories Act where there improved in accordance with developments in society.

are 20 or more workmen, a grievance  If the working environment violates the requirements

committee is to be constituted in the manner as prescribed by law, the employee may notify the

prescribed. Norwegian Labour Inspection Authority.

 EMPLOYEE BENEFITS
INDIA NORWAY

Healthcare and Insurances Healthcare and Insurances

 Employees State Insurance Act acts as the  The National Insurance Scheme covers a
main legislation to the private sector. range of benefits including sick pay, work
 It contemplates medical benefits for assessment allowance, disability pension,
employees in contingencies such as sickness, unemployment benefits, retirement
maternity, disablement and death due to pensions, survivor’s pension,
employment injury and provides medical care occupational injury benefits, healthcare
to insured persons and their families. allowance, benefits to single parents and
 Also the ‘Pradhan Mantri Jan Arogya Yojana’ benefits during pregnancy, birth, adoption
ensures that the poor and vulnerable and parental leave.
population is provided health cover
 EMPLOYEE BENEFITS
INDIA NORWAY
Required Leave Required Leave

 Provisions relating to holidays and leave are  Minimum holiday rights for employees are
mainly prescribed in the S&E Acts and the outlined in the Holiday Act, which grants an
Factories Act. employee a minimum right of 25 working
 These include: Weekly Holiday, National and days of holiday leave per year.
Public Holidays, Privileged Leave or Earned  Employees over 60 years of age are entitled
Leave. to an additional 6 working days of holiday
o Maternity/Paternity Leave: There is no separate leave.
category of paternity leave recognized under o Maternity Leave: a pregnant employee is
Indian law entitled to a leave of absence for up to twelve
o India has recently amended its MB Act, women weeks during pregnancy. Absence because of
employees who have been in service for 80 days sickness is regarded as sickness leave and
are entitled to paid maternity leave of 26 weeks. shall not be deducted from the leave.
o In case of a miscarriage or medical termination of
pregnancy, women employees are entitled to leave
with wages for a period of 6 weeks
 EMPLOYEE BENEFITS
INDIA NORWAY

Pensions Pensions
 Employees who fall within the purview of the Retirement pensions are divided into three
EPF Act will be entitled to monthly pension, as levels:
per the rules of the Pension Scheme. Level 1: retirement pensions from the
 Other than this, employees in the public sector National Insurance Scheme ensure an
will be entitled to pension as prescribed in their income in old age. Drawing from a
service rules. retirement pension can begin the month
after a person turns 62.
Any Other Required or Typically Provided Level 2: employers must provide
Benefits mandatory occupational pensions in
 Various employers provide other benefits to addition to retirement pensions.
employees such as food coupons, conveyance Level 3: private savings, irrespective of
allowance, reimbursement of mobile phone and employment and the Norwegian pension
internet expenses. scheme.
 CONCLUSION

 The notice period and the trial periods are more flexible in Norway than
India.
 Also the working conditions in Norway can be negotiated and are employee
friendly.
 Salary level of India lacks behind as Norway is a developed country.
 In India Overtime can be used to generate more employment.
 Maternity Leave in India is 26 weeks which is far more than Norway which
is up to 12 weeks.
Thus, both countries have a strong legislation for employees.