Indian Employment Laws

This book addresses employment or labour laws for Human Resource Managers. The aim is to explore the labour laws related to employee, employers, labour, union, welfare, and law for women employees at workplace for an organisation. The book consists of a compilation of seven chapters and an extended list of reference cases on employment laws. The book is based on a combination of employment law and litigation cases in India. The first chapter of the book discusses the introduction to employment laws where constitution law and employment. The second chapter discusses the Laws on labour welfare and their working conditions, The Factories Act, 1948, Contract Labour (Regulation and Abolition) Act, 1970, The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The third chapter discusses the Law of Industrial Relations in India, Industrial Disputes Act, 1947, The Plantation Labour Act, 1951, The Industrial Employment (Standing Orders) Act, 1946, Indian Trade Union Act, 1926. The fourth chapter discusses the Law of Wages in India, Payment of Wages Act, 1936, Minimum Wages Act, 1948, Payment of Bonus Act, 1965, Equal Remuneration Act, 1976, Workman’s Compensation Act, 1923. The fifth chapter discusses the Social Security Legislation in India, Employees’ Compensation Act, 1923, Equal Remuneration Act, 1976, Employees’ State Insurance Act, 1948, Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Payment of Gratuity Act, 1972, Maternity Benefit Act, 1961, The Unorganised Workers’ Social Security Act, 2008, and Apprentices Act, 1961. The sixth chapter discusses the New Labor Reform Code - 2020, Labour Reforms undertaken since 2014, Labour Codes and Freedom from the Web of Legislation, Right to Minimum Wages for everyone, Labour Code (Wage Code) - 2014 to 2019: Workers will get benefited, Social Security Code, 2020, Right of security to workers in all situations, OSH Code (Occupational, Safety, Health and Working Conditions Code) – 2020, Women empowerment through the Labour Codes, Industrial Relations (IR) Code, 2020, and Benefits of Codification. And the seventh chapter discusses the Legal Cases on Employment Laws with a list of 373 Legal Cases for Reference. I wrote this book especially for Human Resource Managers which will certainly help them to understand the various legal aspects of employee, employer, and employment law to reduce the litigation from employees and enhance the productivity and efficiency of performance of employees in the organisations. This book and the cases discussed can be very useful for advocates and lawyers handling labour/service matters.

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in India. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in India on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: · written and oral contracts · interviewing and screening · evaluations and warnings · severance pay · reductions in force · temporary workers · trade union rights · wage and hour laws · employee benefits · workers’ compensation · safety and environmental regulations · immigration law compliance · restrictive covenants · anti-discrimination laws · employee privacy rights · dispute resolution · recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on labour law in India not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author(s) describe(s) all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employersand’ associations, workersand’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers andlt;representing parties with interests in India, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

This book discusses the increasing use of contract labour in India that has accompanied attempts to liberalise the economy. After briefly examining Indian labour laws and public policy, it juxtaposes the country’s labour market practices with international labour standards. The questions that are raised are then explored through a series of empirical studies investigating the use of contract labour in a variety of industries and locations, manifesting a wide-spectrum of concerns including labour standards, productivity and employment relations. The set of comparative research studies within India are supplemented with a field study from the Shenzhen and Guangzhou industrial regions of South China, which are in an advanced stage of industrial development. The unprecedented inflow of capital into China has captivated many developing countries, including India, which has gone on to mimic similar strategies particularly in terms of labour market deregulation. In this context, a set of crucial questions arise – can enforcing ‘labour market flexibility’ in itself provide the required impetus for a nation’s industrial growth? Is the Chinese success in becoming the major destination for foreign direct investments (FDIs) a consequence of a flexible labour regime or is there some other concealed strength to be found in Chinese labour market institutions? In particular it needs to be noted that after double-digit growth for more than 25 consecutive years, China has recognised some of the fallacy of its development path and in 2008 adopted fairly stringent labour laws, which now regulate its labour market. This Chinese trajectory perhaps has lessons for India and other countries that are still struggling on the liberal path. In particular, the Chinese example helps put the Indian field studies in perspective and provides insights into India-specific policy recommendations that could also be useful for the developing world. The book concludes with the observation that where production entails long-term relationships, the interests of both the employer and the workers need to be maintained sustainably. As the title suggests, the book provides takeaways, not only for academics and researchers working in this field but also for lawyers, consultants, politicians, bureaucrats, and policymakers.

The sixth revised edition of Industrial Relations and Labour Laws captures the significant developments that have taken place in the realm of labour laws and industrial relations in the recent past. The most notable development in the legislative sphere is the amendment in the Industrial Disputes Act, 1947 in 2010. In the judicial sphere, there has been a marked shift in the approach of the Indian judiciary in the area of discipline and disciplinary procedure. Moreover, new norms/principles have been evolved to determine the classification of a person as a workman, provide relief in case of illegal/wrongful termination of service of workmen, determine notice period for strike/lock-out in public utility services and for regularization of services of daily, temporary, casual or contract workers. Extensively revised and updated in line with the changes in the law, this edition also gives a new and more holistic dimension to the subject of labour--management relations. • Part I provides the contextual and constitutional framework of labour law and an overview of industrial relations. • Part II deals with the trade union movement, employers’ organizations and laws relating to trade unions, collective bargaining, unfair labour practices and victimization. • Part III deals with regulation of industrial disputes, persuasive, coercive and voluntary processes for settlement of industrial disputes, grievance procedure, government’s power of reference, laws relating to instruments of economic coercion, management of discipline, laws relating to change in conditions of service and lay-off, retrenchment, transfer and closure. • Part IV examines laws relating to standing orders. • Part V is on workers’ participation in management. This edition will serve as a comprehensive textbook for students of LLB, LLM, MBA, MSW, MPA, CS, and masters and diploma programmes in personnel management, industrial relations and labour law. It is indispensable for personnel managers, law officers, lawyers, trade union officials/ members, officials of labour department and members of the labour judiciary.