Industrial Relations and Labour Legislations

By Sandeep Bhangare

Industrial Relation

Industrial Relation“Industry” refers to “any productive

activity in which an individual (or a group of individuals) is (are) engaged”.

“Relations” - The relationships that exist within the industry between the employer and his workmen.”

Directly or Indirectly from union-employer relationship

Employer (i) in relation to an industry carried on by

or under the authority of any department of 3*[the Central 4 Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;

(ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;

Union Any 3 person can form Union.Any 7 person can form Union and

registered.Recognized Union - Largest

membership of employees employed in the undertaking,

GOVT. Ministry of Labour and

Employment , Government of India

Chief Labour Commissioner (CLC)Labour Commissioner ( State) Labour Courts / Industrial

Tribunals

Industrial RelationsTripartite Relations

Industrial DisputeAny dispute or difference between

employers and employers or between employers and workmen, or between workmen and workmen,

which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person;

Industrial DisputeDispute or difference between

employers and workmen,

Industrial Disputebetween workmen and workmen

Industrial Disputeemployers and employers

Industrial Relations

Str

ateg

y

Labou

r Legislation

s

Labour LegislationsAll laws of the government to

provide social and economic security to the workers.

These acts are aimed at reduction of production losses due to industrial disputes and to ensure timely payment wages and other minimum amenities to workers.

Constitution and Labour LegislationThe Constitution of India has conferred

innumerable rights on the protection of labour.Articles 14, 19, 21, 23 and 24 form part of the

Fundamental Rights guaranteed under Part III of the Constitution.

Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47 form part of the Directive Principles of State Policy under Part IV of the Constitution.

Constitution and Labour LegislationArticle 14 -

◦The concept of Equality before law. ◦Principle of equal pay for equal work

Article19(1)(c)◦Fundamental right of citizen to form

an associations and union.Article 21

◦Right to life, includes ,right to the means of livelihood which make it possible for a person to live.

Constitution and Labour LegislationArticle 23

◦Traffic in human being.???◦'Traffic in human beings' means

selling and buying men and women like goods and includes immoral traffic in women and children for immoral" or other purposes.

◦Bonded Labour

Constitution and Labour Legislation• Rights of woman employeesArticle 16

◦The fundamental right of women employees to equal treatment

Article 21◦Right to life and privacy

Mrs. Neera Mathur v/s LIC of India.

Types of Labour LegislationsProtective Labour LegislationRegulative Labour LegislationSocial Security LegislationsWelfare Legislations

Protective Labour Legislation

Protective Labour Legislation

To protect minimum labour standards and improve working conditions are protective labour legislations.

Legislations laying down the minimum Labour standards in the areas of work, safety, employment of children and women and also the manner of wage payment come under this category.

Protective Labour LegislationThe Factories Act, 1948The Mines Act, 1952, The Plantation

Labour Act, 1951,The Motor Transport Workers Act, 1961, The Shops and Establishment Act The Payment of Wages Act, 1936The Minimum Wages Act, 1948The Child Labour (Prohibition and

regulation) Act, 1986 Contract Labour (Regulation and

Abolition) Act, 1970

Regulative Legislations

To regulate relationships between workers and trade unions

To provide for methods and manners for settling industrial disputes.

The rights and obligations of the organizations of employers and workers

Regulative Legislations Bombay Industrial Relation Act.The Trade Unions Act, 1926The Industrial Disputes Act, 1947The Industrial Employment

(Standing Orders) Act, 1946.Maharashtra Recognition of Trade

Union & Prevention of Unfair Labour Practices Act.

Social Security Legislations What is Social Security?

the term social security describes a program that uses public funds to provide a degree of economic security for the public.

To provide social security benefits to the workmen during certain contingencies of life are Social Security Legislations.

Social Security Legislations

The Workmen's Compensation Act, 1923The Employees State Insurance Act,

1948The Coal Mines Provident Fund and

Miscellaneous Provisions Act, 1948The Employees Provident Funds and

Miscellaneous Provisions Act,1952The Maternity Benefit Act, 1961,The Payment of Gratuity Act, 1972.

Welfare LegislationsAim at promoting the general

welfare of the workers and improve their living conditions are Welfare legislations.

The term “Welfare” in their titles. provide for the funds which is

spent on improving the general welfare of workers including housing, medical, educational and recreational facilities

Welfare LegislationsMica Mines Labour Welfare Fund

Act, 1946,Iron Ore Mines, Manganese Ore

Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976

Beedi Workers Welfare Fund Act, 1976

Maharashtra Labour Welfare Fund Act,

Special Acts The Sales Promotion Employees (Conditions of

Service) Act, 1976. The Working Journalists & other Newspaper

Employees (Conditions of service) and Miscellaneous Provisions Act, 1955

The Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969

Building and other Construction Workers' Welfare Cess Act, 1996 ('Cess Act'). 

Domestic workers (Registration social security and welfare ) Act 2008

The Bombay Police Act,1951 - Maharashtra Police.

For Hospital and Healthcare Institution

Medicare Service Persons & Medicare Service Institution

(Prevention of Violence, Damage or Loss to Property) Act,

Maharashtra  2010 .