Wednesday, November 14, 2012

Indian Working Class Youth::"An Eye Opener on Indian Labor Law's"


21st Century working class people in India knows to worker but doesn't know about its rights and entitled laws. Its must that every working class people must know about various labor law under Indian Constitution. The article is not only an eye opener to workers rights as for as Indian law but also changes to be brought under certain section of law. There are 43 acts to protect interest and rights of labor. The Mentioning of Workers and employees in the article are same.

Fundamental Right's:

Artice16- Equality in the matter of Public employment: Everyone entitled for equal employment opportunity without any discrimination on any matter or so.

Article24-Prohibition of employment of children in factories, etc: Child or Children below 14 years should not be employed in any working activities for wages or service or bond or debt.

Article 41-Right to work, to education and to public assistance in certain cases: Every one born as Indian, have right to work in any part of India.

Article 42 Provision for just and humane conditions of work and maternity relief: No worker or employee cant be forced to work under unhealthy working condition.

Article43. Living wage, etc., for workers: All state must direct proper living condition for workers and employees under state control establishment.

Article43A. Participation of workers in management of industries: It entitle workers and employees participation in board of directors about management of Industry.

Labor Law's In India:

Industrial Relation:

Trade Unions Act-1926: It enables formation and protection of trade union under law. The law also monitors trade union activity.

Industrial Establishment (Standing orders) Act-1946: The law entitled to take in consideration of working condition of employment. The law enables to monitor employees job, working time, leave, vacation, payment, working condition, rules of termination etc. 

Industrial Disputes Act-1947: The act protect dispute between workers and management. The law protects workers interest during strike, lock out, termination etc.

Wages:

Payment of Wages Act-1936: The law determines to when salary as to be settled for employees. The tax amount paid to government was deduct from wages. Rules were laid under Payment of Wages Act-1937.

Minimum Wages Act-1948: The law protects protects a minimum wage for employees based on the work or job. Rules for minimum wages were laid under Minimum wages act-1950.

Payment of Bonus Act-1965: The act enables workers to fight for bonus in special occasion. The law entitiled to provide bonus in stipulated time.

Equality & Empowerment:

Maternity Benefits Act-1961: Every women worked in establishment for a period 80 days are all entitled maternity benefits, allowance, Maternity leave and nursing break.

Equal Remuneration Act-1976: The act protects interest of women from earning same salary equal to men in same establishment.

Social Security:

Worker's Compensation Act-1923: It enables workers to get compensation in any injuries during course of working. In case of death, compensation are payed to workers family.

Employee's Provident Fund & Miscellaneous Provision Act-1952: It provides financial security for employees at time of termination or retirement. The contribution of Provident fund as to be both from employee and company. 10-12% of the wages are contribution for PF.

Payment of Gratuity Act-1972: The law enables a employee to earn section amount during retirement or termination  based on the period of service. Its about 15 days of salary per year is gratuity.

Employees State Insurance Act-1948: The act enables workers to earns compensation  during period of sick or medical surgery. 

Employment & Training:

Employment Exchanges (Compulsory Notification of Vacancies) Act-1959: The act makes must for government to issue notice about vacancies in the organization.

Apprentices Act-1961:  Its protects Apprentices workers on training and working. The law enables to update from old skills.

Other Act's:

Social Protection:
  
Bonded Labour System (Abolition) Act-1976 
Child Labour (Prohibition & Regulation) Act-1986            

Benefits:

 All this act protect employees under untoward incidents

The Fatal Accidents Act, 1855 
War Injuries Ordinance Act, 1943                 
Weekly Holiday Act, 1942 
National and Festival Holidays Act
War Injuries (Compensation Insurance) Act, 1943 
Personal Injuries (Emergency) Provisions Act, 1962 
Personal Injuries (Compensation Insurance) Act, 1963 
Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988  
Public Liability Insurance Act, 1991

Industry Specific:

Protect all employee under each industry based on various acts specified in the act.

Factories Act, 1948
Dock Workers (Regulation of Employment) Act, 1948
Plantation Labour Act, 1951
Mines Act, 1952
Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955
Merchant Shipping Act, 1958
Motor Transport Workers Act, 1961
Beedi & Cigar Workers (Conditions of Employment) Act, 1966
Contract Labour (Regulation & Abolition) Act, 1970
Sales Promotion Employees (Conditions of Service) Act, 1976
Sales Promotion Employees (Conditions of Service) Rules, 1976
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
Shops and Establishments Act
Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
Cine Workers’ Welfare Fund Act, 1981. 
Dock Workers (Safety, Health & Welfare) Act, 1986
Building & Other Construction Workers (Regulation of Employment & Conditions of                Service) Act, 1996
Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997
Mica Mines Labour Welfare Fund Act, 1946
Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
Beedi Workers Welfare Fund Act, 1976
Beedi Workers Welfare Cess Act, 1976
Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund   Act, 1976
Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess    Act, 1976
Cine Workers Welfare Fund Act, 1981
Cine Workers Welfare Cess Act, 1981
Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act,                1993
Coal Mines (Conservation and Development) Act, 1974

Standard Based on Law: (All based on Labor Ministry)

Minimum Wages: Rs 143 to Rs 1120
Maximum Working Hour: 9 hours
Leave: 1 work day for every 20 working day
Overtime: 200 hours per year
Rest Time: 30 minutes for every 5 years.

Note: Some of the sectors are exempted from the certain section of the law. Especially Mighty IT Industry was totally exempted from majority of labor law.  
 
Eye Opener: The act in list or so minimum to protect the interest of working class, when we compare with other developing and developed countries. The main reason for such depletion lack of unified working class activity. Even entitled are poorly managed due to improper government administration. Still Many sectors are exempted from many labor laws, it must that every industry must be brought under labor law. Even unorganized sector people must be brought under labor law. So that Interest of working class protected. Spread to Your friends about their rites and protection.

If any grievance on your Working Place, then: (Note: at Present all employees and workers under organized sectors comes under labor ministry, they protect your right’s at work place.)

You can contact state labor commissioner on the matter.
                                 (or)
A compliant can be filled with central Labor Ministry. (www.labour.nic.in)

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