In this article we will discuss about ‘Labour Laws’. Find paragraphs, long and short essays on ‘Labour Laws’ especially written for law and management students.
Essay on Labour Laws
Essay Contents:
- Essay on the Introduction to Labour Laws
- Essay on the Necessity of Labour Laws
- Essay on the Factory Act, 1948
- Essay on the Payment of Wages Act, 1936
- Essay on the Minimum Wages Act, 1948
- Essay on the Employee State Insurance Act, 1948
Essay # 1. Introduction to Labour Laws:
Labour or industrial laws are the laws frames by the government for protecting the economic and social interests of the workers working in factories. These laws provide the guidelines of the employer in dealing with safety, wages, compensation, disputes and other conditions of the workers.
The Central and State Government has set up many departments for the implementation of laws and protection of the interests of the workers. The inspecting officers of the departments make a check on the industries regarding the implementation of these laws.
Essay # 2. Necessity of Labour Laws:
The necessity of labour laws arises due to the following:
a. For improving industrial relations and maintaining industrial peace.
b. To provide good conditions to workers.
c. To help in payment of fair wages to employees.
d. To save the employees from exploitation of employer.
e. To reduce conflicts, strikes, etc.
f. To minimize and settling of industrial disputes.
g. To provide compensation to employees in case of accidents.
Essay # 3. Factory Act, 1948:
Objectives:
The Factory Act, 1948 is one of the major central legislation designed to regulate the working conditions in the factories. The act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards.
For that purpose, it seeks to impose upon the employer certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety. This act also prevents haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.
Applicability of the Act:
This act is applicable to the factories where in ten or more workers are working, or were working on any day of the preceding twelve months and in which a manufacturing process is being carried on with the aid of power or twenty or more workers without the aid of power.
Scope and Coverage:
a. Regulates working conditions in factories.
b. Provides basic minimum requirements for ensuring safety, health and welfare of workers.
c. Applicable to all workers.
d. Applicable to all factories employing ten or more workers.
Salient Features of Factory Act 1948:
Some of the salient features of Factory Act 1948 are:
1. Health Provisions.
2. Safety Provisions.
3. Welfare Measures.
4. Working Hours.
5. Employment of Women and Young Children.
6. Annual leave provision.
7. Dangerous operations.
8. Accident and occupational diseases.
9. Penalties.
10. Obligations and rights of employees.
1. Health Provisions:
The following provisions have been incorporated in the Factories Act to protect the health of workers:
(a) Cleanliness:
Every factory shall be kept clean and free from effluvia arising from any drain, or other, nuisance. The floor of every workroom shall be cleaned at least once in every week by washing and by using disinfectant. All inside walls and partitions, all ceilings shall be painted at least once in every period of five years.
(b) Disposal of Wastes and Effluents:
Effective arrangements shall be made in every factory for the treatment of wastes and effluents and for their disposal.
(c) Ventilation and Temperature:
Effective and suitable provision shall be made in factory for securing and maintaining in every workroom adequate ventilation by the circulation of fresh air. Comfortable temperature must be maintained in each and every workplace.
(d) Dust and Fume:
Effective measures shall be taken to prevent inhalation of dust, fume and its accumulation in any workroom.
(e) Overcrowding:
No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.
(f) Lighting:
In every part of a factory where workers are working or passing, there shall be provision of sufficient and suitable lighting, natural or artificial, or both.
(g) Drinking Water:
In every factory effective arrangements shall be made to provide and maintain sufficient supply of drinking water.
(h) Latrines and Urinals:
In every factory sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at the factory. Separate enclosed accommodation shall be provided for male and female workers.
(i) Spittoons:
In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.
2. Safety Provisions:
The following provisions have been incorporated in the factory act for the safety of workers:
(a) Fencing of Machinery:
Each and every dangerous, hazardous and moving part of machinery shall be securely fenced by safeguards of substantial construction.
(b) Work on or Near Machinery in Motion:
Where in any factory it becomes necessary to examine any part of machinery, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing.
(c) Employment of Young Persons on Dangerous Machines:
No young person shall be allowed to work on any dangerous machine unless he has been fully instructed and has received sufficient training in work at the machine.
(d) Casing of New Machinery:
In all machinery driven by power and installed in any factory after the commencement of this Act, every set screw, bolt or key on any revolving shaft, spindle, wheel pinion shall be encased or otherwise effectively guarded as to prevent danger.
(e) Hoists and Lifts:
In every factory every hoist and lift shall be (i) of good mechanical construction, sound material and adequate strength; and (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months.
(f) Floors, Stairs and Means of Access:
All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained.
(g) Pits, Sumps, Openings in Floors:
In every factory fixed vessel, sump, tank, pit or opening in the ground shall be either securely covered or securely fenced.
(h) Excessive Weights:
No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury.
(i) Protection of Eyes:
The State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on.
(j) Precautions against Dangerous Fumes, Gases:
No person shall be required or allowed to enter any chamber, tank, pit, pipe or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons employed there.
(k) Precautions in Case of Fire:
In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain safe means of escape for all persons in the event of a fire, and the necessary equipment and facilities for extinguishing fire.
(I) Safety Officers:
In every factory, wherein one thousand or more workers are ordinarily employed, occupier shall, if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.
3. Welfare Provisions:
The following provisions have been incorporated in the Factories Act for the welfare of workers:
(а) Washing Facilities:
In every factory adequate and suitable facilities for washing shall be provided and maintained for the use of the.
(b) Facilities for Storing and Drying Clothing:
The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing.
(c) Facilities for Sitting:
In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
(d) First Aid Appliances:
First aid boxes equipped with prescribed contents, shall be provided in factory and maintained so as to be readily accessible during all working hours.
(e) Canteens:
The State Government may make rules requiring that in any specified factory wherein more than two hundred and, fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.
(f) Shelters, Rest Rooms and Lunch Rooms:
In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunchroom, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers. The shelters or rest rooms or lunchrooms to be provided shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
(g) Crèches:
In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
4. Working Hours:
(a) Weekly Hours:
No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week.
(b) Weekly Holidays:
No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless he has or will have a holiday for a whole day on one of the three days immediately before or after the said day.
(c) Daily Hours:
No adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
(d) Intervals for Rest:
The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
5. Employment of Women and Young Children:
No women shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. No child who has not completed his fourteenth year shall be required or allowed to work in any factory.
6. Annual Leave Provision:
(a) Annual Leave with Wages:
Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
(b) Payment in Advance in Certain Cases:
A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins, be paid the wages due for the period of the leave allowed.
7. Dangerous Operations:
If any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or diseases; the State Government may make rules applicable to any factory, (i) prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation; (ii) providing for the protection of all persons employed in the manufacturing process or operation or in the vicinity of the places where it is carried on;
8. Accident and Occupational Diseases:
The following provisions have been incorporated in the Factory Act for accidents and occupational diseases:
(a) Notice of Certain Accidents:
Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty- eight hours or more immediately following the accident, the employer shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
(b) Notice of Certain Diseases:
Where any worker in a factory contracts any disease specified in the schedule, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time as may be prescribed.
9. Penalties:
The following provisions have been incorporated in the Factory Act for providing penalties to the defaulters:
(a) Penalty for Obstructing Inspector:
Whoever willfully obstructs an inspector in the exercise of any power conferred on him by or under this act, or fails to produce on demand by an inspector any registers or other documents in his custody kept, or prevents any worker in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.
10. Obligations and Rights of Employees:
a. Obligations of Workers:
No worker in a factory (i) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein; (ii) shall wilfully and without reasonable cause do anything likely to endanger himself or others.
b. Right of Workers :
Every worker shall have the right to (i) obtain from the occupier, information relating to workers’ health and safety at work; (ii) get trained within the factory wherever possible, and (iii) represent to the inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.
Essay # 4. Payment of Wages Act, 1936:
With the growth of industries in India, problems relating to payment of wages to persons employed in industry took an ugly turn. The industrial units were not making payment of wages to workers at regular intervals and wages were not uniform.
The industrial workers were forced to raise their heads against their exploitation. For the purpose of ensuring prompt and full payment of wages to persons employed in industry, the Payment of Wages Act came into existence on 23rd April 1936. The Payment of Wages Act, 1936 is one of the old enactments dealing with employer-employee relationship.
Objectives:
The Payment of Wages Act, 1936 has been enacted to ensure the fixation of wage period and that the payment of wages to the workmen are made in time, without unauthorized deductions, in current coins and currency and in case of non-payment or unauthorized deductions, to enable the workers to made a claim.
Applicability of the Act:
The Payment of Wages Act, 1936 is applicable to the persons employed in the factories and to persons employed in industrial or other establishments specified in this Act.
Salient Features of Payment of Wages Act:
Some of the salient features of Payment of Wages Act 1936 are:
1. Wage Period and Date of Payment.
2. Authorized Deductions.
3. Maintenance of Registers and Records.
4. Appointment of Inspectors.
5. Complaints.
6. Claims.
7. Penalties.
8. Bar to Suit.
9. Contracting out.
1. Wage Period and Date of Payment:
Every person responsible for the payment of wages shall fix periods in respect of which such wages shall be payable. Wage period is not to exceed one month. In an establishment where less than 1000 persons are employed, payment has to be made by 7th day of the next month otherwise by 10th day.
2. Authorized Deductions:
Deductions from the wages of an employed person shall be made only in accordance with the provisions of this act, and may be of the following kinds only, namely fines, absence from duty, damage to or loss to goods in custody, house-accommodation, advance, recovery of loans, house-building loan, income tax, order of court, payment to cooperative society; advance from provident fund, deduction authorized by the person employed.
3. Maintenance of Registers and Records:
Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars. Every register and record required to be maintained under this section shall be preserved for a period of three years.
4. Appointment of Inspectors:
The act also provides for appointment of Inspectors.
An Inspector may:
(a) Make examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act made there under are being observed.
(b) Supervise the payment of wages to persons employed in any factory.
(c) Seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act.
5. Complaints:
An employed person can make a complaint with regard to the nonpayment or unauthorized deductions can be made to the labour inspector of the area.
6. Claims:
This act provides appointment of commissioner for workmen’s compensation to hear and decide for all claims arising out of deductions from the wages, or delay in payment of the wages.
7. Penalties:
For non-compliance of the provisions of the act, an employer can be fined from Rs.200 up to Rs.2000. For a subsequent office, the punishment is minimum one month but may extend to six months imprisonment and with minimum fine of Rs.500, which may extend to Rs.3, 000. For a continuing offence, additional fine of Rs.100 per day shall be imposed.
8. Bar to Suit:
Civil Courts are barred to entertain the suit for recovery of wages or of any deduction once a claim has been lodged with the authority under the act.
9. Contracting Out:
Any contract or agreement whether made before or after the commencement of this act, whereby an employed person relinquishes or reduce his right to receive wages from his employer is null and void to that extent.
Essay # 5. Minimum Wages Act, 1948:
The concept of minimum wages was first evolved by ILO in 1928 with reference to remuneration of workers in those industries where the, level of wages was substantially low and the labour was vulnerable to exploitation, being not well organized and having less effective bargaining power.
The need for a legislation for fixation of minimum wages in India received boost after World War II when a draft bill was considered by the Indian Labour Conference in 1945. The minimum wages bill came into force on 15th March 1948.
Objectives:
The objective of minimum wages act is to prevent exploitation of labour; prevent employment of labour in the interests of general public and so in prescribing minimum wage rates, the capacity of the employer need not be taken into account.
Applicability of the Act:
It extends to the whole of India and applies to scheduled employments in respect of which minimum rates of wages have been fixed under this act.
Salient Features of Minimum Wages Act:
Some of the salient features of Minimum Wages Act are:
1. Fixing of minimum Rate of Wages.
2. Payment of Minimum Rates of Wages.
3. Fixing of Working Hours, Overtime and Weekly Holidays.
4. Maintenance of Registers and Records.
5. Appointment of Inspectors.
6. Claims and Complaints.
7. Penalties.
8. Bar to Suit.
9. Contracting Out.
1. Fixing of Minimum Rate of Wages:
The act provides the fixation of minimum rates of wages payable to employees employed in a scheduled employment. The government may review the minimum rates of wages so fixed at intervals not exceeding five years, and revise the minimum rates if necessary. The minimum rates of wages may be fixed as a minimum time rate or a minimum piece rate or as a guaranteed time rate.
2. Payment of Minimum Rates of Wages:
The employer shall pay to every employee in a scheduled employment under him wages at the rate not less than the minimum rates of wages fixed under the act without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed in the act.
3. Fixing of Working Hours, Overtime and Weekly Holidays:
The act also provides for regulation of working hours, overtime, weekly holidays and overtime wages.
In regard to any scheduled employment in which minimum rates of wages have been fixed under this act, the appropriate government may:
(a) Fix the number of hours of work, which shall constitute a normal working day,
(b) Provide for a day of rest in every period of seven days, which shall be allowed to all employees, and for the payment of remuneration in respect of such days of rest;
4. Maintenance of Registers and Records:
The act provides for maintenance of registers and records by the employer giving particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed.
5. Appointment of Inspectors:
The act also provides for appointment of inspectors and defines their local limits within which they shall exercise their functions. An inspector may enter at any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this act for the purpose of examining any register and record of wages.
6. Claims and Complaints:
This act make provisions to appoint authorities to hear and decide all claims arising out of payment less than the minimum rates of wages, or for claiming wages for weekly offs or rest days or for wages at the overtime rate. The application should be presented to the competent authority appointed under the act. A worker can made a complaint with regard to payment of less than the minimum wages or unauthorized deductions to the labour inspector of the area.
7. Penalties:
Any employer who does not comply with any of the provisions of this act shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs.500 or both.
8. Bar to Suit:
Civil Courts are barred to entertain the suit for recovery of wages once a claim has been lodged.
9. Contracting out:
Any contract or agreement, whether made before or after the commencement of this act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages is null and void.
Essay # 6. Employee State Insurance Act, 1948:
The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. To begin with the ESIC scheme was initially launched on 2nd February, 1952 at just two industrial centers in the country namely Kanpur and Delhi with a total coverage of about 1.20 lakh workers. There after the scheme was implemented in a phased manner across the country with the active involvement of the State Governments.
This act becomes a wider spectrum than factory act, in the sense that the factory act is concerned with the health, safety, welfare, leave etc. of the workers employed in the factory premises only. But the benefits of this act extend to employees whether working inside the factory or establishment or elsewhere.
Objectives:
The ESI act is social welfare legislation enacted with the object of providing certain benefits to employees in case of sickness, maternity and employment injury. Under the act, employees will receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers and compensation for fatal or other injuries and diseases.
Applicability of the Act:
The ESI Act extends to the whole of India. It applies to all the factories including Government factories (excluding seasonal factories), which employ 10 or more employees and carry on a manufacturing process with the aid of power and 20 employees where manufacturing process is carried out without the aid of power.
Salient Features Employee State Insurance Act:
Some of the salient features of ESI act are:
1. Administration.
2. Registration.
3. Identity Card.
4. Employers’/Employees’ Contribution.
5. Benefits.
6. Obligations of Employers.
7. Maintenance of Registers and Records.
8. Employees Insurance Court.
1. Administration:
The provisions of the act are administered by the Employees State Insurance Corporation. It comprises members representing employees, employers, the central and State Government, besides, representatives of parliament and medical profession. A standing committee constituted from amongst the members of the corporation, acts as an executive body.
2. Registration:
The employer should get his factory or establishment registered with the ESI Corporation within 15 days after the act becomes applicable to it and also obtains the employer’s code number.
3. Identity Card:
An employee is required to file a declaration form upon employment in factory or establishment to show that he is covered under the act. On registration every insured person is given a permanent family photo identity card. The identity card serves as a means of identification and has to be produced at the time of claiming medical care at the dispensary/clinic and cash benefit at the local office of the corporation.
In the event of change of employment, it should be produced before the new employer as evidence of registration under the scheme to prevent any duplicate registration. The identity card bears the signature/thumb impression of the insured person.
4. Employers’/Employees’ Contribution:
Like most of the social security schemes, the world over, ESI scheme is a self-financing health insurance scheme. Contributions are raised from covered employees and their employers as a fixed percentage of wages. Presently covered employees contribute 1.75% of the wages, whereas as the employers contribute 4.75% of the wages, payable to the insured persons. Employees earning less than and up to Rs.50 per day are exempted from payment of contribution.
5. Benefits:
Employees covered under the scheme are entitled to the following benefits:
(a) Medical Benefit:
The Employees’ State Insurance scheme provides full medical care in the form of medical attendance, treatment, drugs and injections, specialist consultation and hospitalization to insured persons and also to members of their families.
(b) Sickness Benefit:
Sickness benefit represents periodical cash payments made to an insured person during the period of certified sickness when insured person requires medical treatment and attendance with abstention from work on medical grounds.
(c) Maternity Benefit:
Maternity benefit is payable to an insured woman in the case of confinement, miscarriage or sickness arising out of pregnancy. In the event of the death of the insured woman during confinement leaving behind a child, maternity benefit is payable to her nominee.
(d) Disablement Benefit:
Disablement benefit provides periodical payment to a person who sustains temporary disablement for not less than three days and to a person who sustains permanent disablement.
(e) Dependants’ Benefit:
The dependants’ benefit is payable to the dependants in cases where an insured person dies.
(f) Other Benefits:
Other benefits like funeral expenses, vocational rehabilitation, free supply of physical aids and appliances, preventive health care and medical bonus are also covered under this act.
6. Obligations of Employers:
The act provides certain obligations for employer:
(a) The employer should obtain the declaration form from the employees covered under the Act and submit the same along with the return of declaration forms, to the E.S.I, office.
(b) The employer should deposit the employees’ and his own contributions to the E.S.I. Account in the prescribed manner.
(c) The employer should furnish a return of contribution within 30 days of the end of each contribution period.
(d) The employer should not reduce the wages of an employee on account of the contribution payable by him (employer).
(e) The employer should report to the E.S.I, authorities of any accident in the place of employment, within 24 hours or immediately in case of serious or fatal accidents.
(f) The employer should inform the local office and the nearest E.S.I, dispensary/hospital, in case of death of any employee, immediately.
(g) The employer must not put to work any sick employee and allow him leave, if he has been issued the prescribed certificate.
7. Maintenance of Registers and Records:
The act provides provision for maintenance of records by the employer such as:
a. Attendance register.
b. Salary/Wage register.
c. EC (Employee’s and Employer’s contribution) statement.
d. Employees’ register.
e. Accident book.
f. Return of contribution.
g. Return of declaration forms.
h. Receipted copies of challans.
i. Account books.
8. Employees Insurance Court:
Any dispute arising under the ESI act will be decided by the employee’s insurance court and not by a civil court.