Labour laws or labour legislations is the body of laws, administrative rulings, precedents which address the relationship between and among the employers, employees and labour organisations, often dealing with the issues of public law. Indian labour law refers to laws regulating labour in India.
Traditionally, Indian governments at federal and state level have sought to ensure a high degree of protection for workers, but in practice, legislative rights only cover a minority of workers. India is a federal form of government and because labour is a subject in the concurrent list of the Indian Constitution, labour matters are in the jurisdiction of both central and state governments; both central and state governments have enacted laws on labour relations and employment issues. In India there is no single code on the labour and employment laws covering all aspects of labour and employment related matters.
Both the Central and the State Governments have the power to legislate on the subject of employment and labour relations. In addition to the Central enactments, each State Government has enacted State-specific legislations and further rules pursuant to the Central legislations leading to complexities. In order to provide clarity and to boost ease of doing business, major labour law reforms are planned by the Indian Government.
(1) Improves industrial relation i.e. employee-employer relations and minimises industrial disputes.
(2) Prospects workers from exploitation by the employers or management
(3) Helps workers in getting fair wages
(4) Minimises labour unrest
(5) Reduces conflicts and strikes etc.
(6) Ensures job security for workers
(7) Promotes welcome environment conditions in the industrial system
(8) Fixes rest pauses and work hours etc.
(9) Provides compensation to workers, who are victims of accidents.
Apart from obtaining licences and registrations, maintenance of registers, filing of periodical returns, etc. under the applicable labour and employment legislations, the employers in India are also obligated to undertake the following to comply with statutory provisions:
A compliance checklist is exactly what it sounds like – a detailed cognitive and comprehensive list used to aid in the completion of a procedure or task. It is essentially a guide to make sure that everything is running smoothly. Statutory compliance under various labour laws has to be ensured by establishments. A detailed checklist to check compliance of labour laws is given hereunder:-
1. FACTORIES ACT , 1948 –
Licensing and renewal of licence under the Act.
2. WORKMEN’S COMPENSATION ACT , 1923-
3. APPRENTICES ACT , 1961 –
4. EMPLOYEE STATE INSURANCE ACT , 1948-
5. CONTRACT LABOUR (Regulation & Abolition) Act , 1970 AND RULES –
6. EMPLOYEE’S PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT , 1952-
7. EQUAL REMUNERATION ACT , 1976–
8. EMPLOYMENT EXCHANGES (Compulsory Notification of Vacancies) Act 1959 –
9. MINIMUM WAGES ACT , 1948-
10. PAYMENT OF WAGES ACT, 1936 –
11. TRADE UNIONS ACT , 1926-
12. THE INDIAN BOILERS ACT , 1923 –
13. PAYMENT OF BONUS ACT , 1965 –
14. PAYMENT OF GRATUITY ACT , 1972 –
15. MATERNITY BENEFIT ACT , 1961 –
16. INDUSTRIAL DISPUTES ACT , 1947 –
17. INDUSTRIAL EMPLOYMENT AND STANDING ORDERS ACT , 1946 –
Statutory compliance is an important part of every organisation. Although every organisation needs to follow the above checklist for statutory compliance . One of the biggest reasons for statutory compliance is to offer equal treatment to every employee of the organisation. This equality comes from many of the laws and rules mentioned above in the checklist. Many times, different workers are made to work different hours and other times, wages differ based on multiple factors. To avoid this, statutory compliance offers a clear pathway.