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Labour, Industrial laws (IEM ) part-1

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Topic includes


- Industrial acts
- Objective
- Factories act
- Industrial laws
- Employees fund
- Minimum wage act
- Employee state insurance
- Maternity act
- Bonus act

For part - 2 visit below link

Necessity of industrial  


The main objective of the Factories Act is to improve the working conditions of the workers by implementing the provisions of industrial safety. ... This Act covers the health, welfare, safety, working hours, annual leaves with wages and employment of women and children.


Objectives:

The objectives of Industrial laws are:

(i) To safeguard the workers against exploitation.

(ii) To maintain good relationship between employees and employers.

(iii)  Welfare , amenities of workers.

(iv) To settle industrial disputes.

(1) Factories Act 1948:

The main objective of the Factories Act is to improve the working conditions of the workers by implementing the provisions of industrial safety.

Factory’ means any premises wherein ten or more workers are working and in any part of which a manufacturing process is carried out with the aid of power or wherein twenty or more workers are working and in any part of which a manufacturing process is being carried out without the aid of power.

This Act covers the health, welfare, safety, working hours, annual leaves with wages and employment of women and children. Periodically, the Chief Inspector of Factories and his staff have to approve safety measures in the plant, including proper ventilation for fumes and gases and protective equipments for eyes and ears wherever necessary.

A maximum workday of 8 hours is prescribed for adults and 5 hours for children. A work week of 48 hours is also prescribed. A weekly holiday is also specified, as also the eligibility for annual leave with pay after 240 days of employment.

The Act also gives the measures to be adopted to safeguard the health of the workers, so that conditions at the work place do not affect them adversely. The Act also deals with cleanliness, waste disposal, pollution measures, lighting, drinking water facilities, latrines, spitons etc. and also refers to general welfare measures like washing, drying facilities, rest rooms, first aid appliances, canteens, lunch rooms, creches etc:



Industrial Disputes Act, 1947:

The Industrial Disputes Act, 1947 was enacted to promote industrial peace by providing appropriate machinery for amicable settlement of disputes arising between employers and employees.

Objectives of the Act:

(1) The Act provides a machinery for the settlement of disputes by arbitration or adjudication.

(2) It attempts to ensure social justice and economic progress by fostering industrial harmony.

(3) It enables workers to achieve their demands by means of legitimate weapon of strike and thus facilitates collective bargaining.

(4) It prohibits illegal strikes and lockouts.

(5) It provides relief to the workman in the event of layoff or retrenchment.

Authorities under the Act:

Sections 3 to 9 of the Industrial Disputes Act deals with the authorities under the Act,

Works Committee:

The appropriate government may require the institution, in the prescribed manner, of a works committee in the case of any industrial establishment in which 100 or more workmen are employed.

Such works committee consists of representatives of employers and workmen employed in the establishment. The workmen representatives are to be chosen in the prescribed manner from among the workman engaged in the Industry and in consulting with registered trade unions if any.

(b) Conciliation Officer:

The Act provides for conciliation as a method of settlement of disputes. The appropriate government by gazetted notification appoint -Conciliation officers. The duties of conciliation officer include

(i) To mediate in the settlement of industrial disputes.

(ii) To promote the settlement of disputes.

The conciliation officer has to mediate on a particular case within 14 days and send a report to the government giving details of the steps taken to settle the disputes listing reasons for success or failure in reaching an agreement.

Settlements in the course of conciliation proceedings are binding on all parties to the dispute. Strikes, lockouts are prohibited during tendency of conciliation proceeding and specified periods. Thereafter the appropriate Government may take a reference on the report of the conciliation officer.

(c) Board of Conciliation:

The appropriate government may, as occasion arises by gazetted notification, constitute a board of conciliation for promoting the settlement of industrial disputes. Such board consists of a chairman and two or four other members. The boards main duty is to promote the settlement of industrial disputes.

(d) Courts of Inquiry:

The appropriate governmental may as occasion arises, by gazette notification constitute a court of inquiry for inquiring into industrial dispute. A court of inquiry may consist of one or more independent person or persons.

Court of inquiry is expected to inquire into matters referred to it and report there on the appropriate government, ordinarily within a period of 6 months from the commencement of the inquiry.

(e) Labour Court:

The appropriate government may constitute by notification one or more Labour Courts consists of one person only appointed by appropriate government. Person should be or must have been a judge of a high court or he should have been a district judge for not less than 3 years.

Where an industrial dispute has been referred to a labour court for adjudication it is bound to hold its proceedings expeditiously .

(f) Industrial Tribunal:

An appropriate government may, by notification in the official gazette, constitute one or more Industrial tribunals for the adjudication of industrial disputes. The tribunal consists of one person only appointed by the Government. The Industrial Tribunals have wider jurisdiction than labour courts.

(g) National Tribunal:

National tribunals are constituted by appropriate Government for adjudication of industrial disputes which in the opinion of the Central Governmental (a) involve questions of national importance, or (b) are of such nature that industrial-establishments, situated in more than one state are likely to be interested in or affected by such dispute. A National Tribunal consists of one person only to be appointed by the central government.

Further laws  are in part -2






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