Law

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pramod

pramod (Querist)
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28 September 2013 labour law

CA Pallav Singhania

CA Pallav Singhania (Expert)
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28 September 2013 Please explain ur query...

Ankur Garg

Ankur Garg (Expert)
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04 October 2013 Request you to elaborate your query a bit as Labour Law is a very wide area.

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C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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08 October 2013 Labour Laws as word “LAWS” shows is not a single law but a cluster of different Acts, Rules and Regulations enacted by Parliament of India and different States Legislatures.

In India Labour Laws covers almost all types of industries. Different Labour Laws are enacted for different type of industries as per the conditions of those industries (as for Dock Workers, Coal Mines Workers, Plantation Workers etc. There are different laws to regulate their employment and conditions of service).

Different Labour Laws are enacted for different subjects also (as for Wages-Minimum Wages Act and Payment of Wages Act, for compensation – Workman Compensation Act, for maternity benefit to women’s – Maternity Benefit Act etc.).

Their brief description is given in “LAWS” The Act and any Rule passed by Parliament of India or any State Legislature are also given under “Acts”. Generally the names of LAWS are self explanatory about their purpose – applicability etc.

WHO IS “LABOUR” UNDER LABOUR LAWS

Every person employed in a industry-organization is not “LABOUR” under Labour Laws. There are many exceptions:

1. Any person employed in Supervisory or Managerial capacity.

2. Any person who is taking a salary more than prescribed in that certain Act is not covered under those certain Acts. As in Maternity Benefit Act, a Woman employee is not entitled to get maternity benefit, if her wages exceeds Rs. 6,500/- p.m. Payment of Wages Act is for employee getting wages less than Rs. 1,600/- per month.

3. In many laws, a person is entitled to get benefit even if he exceeds the salary limit but his benefits are limited to the limit prescribed in that Act (For example: payment of Bonus Act – a person whose salary exceeds Rs. 5,000/- p.m. is also eligible for bonus but bonus will be paid as he is getting salary of limit prescribed in Act).

4. Many Labour laws have conditions of minimum number of employee in industry- organization for their implementation in that industry – organization (For example: Employees State Insurance Act is applicable where 10 or more employees are employed).

In brief, most of the Labour Laws are for persons working in lower category which government feels can be exploited easily, so they are to protect them. Many Labour Laws are not applicable on small Industries/Organization. Though there are many laws, which are applicable on establishments employing a single person (For example: Minimum Wages Act).