44 Labour Laws

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[5]. “Structural Changes in Indian Labour Markets,” Chapter 10, Economic Survey 2015-16. In 2004, the State of Gujarat amended the Labour Disputes Act to allow for greater labour market flexibility in Gujarat`s special export zones. The law allows SEZ companies to lay off laid-off workers without government permission by paying formal severance and severance pay. [44] There is no federal law requiring employers to provide employees with access to their personal information; However, some states have such laws. State laws often deal with who has access to information, how often information can be accessed, whether copies can be made, what records can be retained, and whether disclosure by third parties is permitted. Employees who believe their rights have been violated may file a lawsuit with the appropriate federal agency and/or file a civil lawsuit against the accused employer. However, most allegations of discrimination require the employee to first file a lawsuit with the appropriate federal agency before a lawsuit can be filed. Yes, various federal, state, and local laws protect employees from discrimination in the workplace.

Federal labor laws prohibit employers from discriminating against employees, employees, and applicants based on race, color, sex, pregnancy, religion, national origin, disability, genetic information, or age. Under federal law, employees are also protected from workplace harassment and retaliation if they report violations or exercise a legal right. However, the details have been left to delegated legislation. In addition, in some cases, such as the Social Security Code, compliance reports on various aspects (such as pension funds and insurance) may still be required to be sent to different authorities. The codes also increase the amount of fines and custodial sentences in several cases and allow for the combination of criminal offences in some cases. With regard to the settlement of disputes, the Industrial Relations Act abolishes the obligation to refer to the Government and publish the arbitral award in the Official Gazette and replaces the labour courts with labour courts composed of two members (one judicial member and one administrative member). Background: It has been argued that labour regulations and economic considerations have led to an increased use of temporary agency work. The share of temporary workers in factories in the total number of employees increased from 26% in 2004-05 to 36% in 2017-2018, while the proportion of workers employed directly increased from 74% to 64% over the same period.7,8 This flexibility comes at a price for increased vulnerability, as contract labour has been deprived of basic guarantees (such as guaranteed wages) and they are not entitled to regularization in cases where temporary work is prohibited by the government. [26] Employees are protected by federal laws (as well as applicable state and local laws) from discriminatory dismissals, retaliation, or breaches of public order.

Where appropriate, workers may be protected by collective agreements or other employment contracts. The government introduced the codes to streamline and simplify existing and overlapping labour laws in the country. Since the issue of labor falls under the competing list of the Constitution, there have been hundreds of state and central labor laws. The 6th census (2013-2014) revealed that there were 5.9 crore establishments in India employing 13.1 crore employees (of which 72% were self-employed and 28% hired at least one worker). [4] In total, 79% of the workforce was in establishments with fewer than ten employees. The main challenge of labour regulation is to provide workers with sufficient rights while creating an enabling environment that can facilitate the production and growth of enterprises and lead to job creation. Firms should find it easy to adapt to the changing business environment and change their production (and employment) levels accordingly. At the same time, workers need the protection of secure minimum wages, social security, the reduction of job insecurity, health and safety standards and a mechanism guaranteeing the right to collective bargaining.

It would also require an employment service that effectively manages conflicts and enforces rights. Indian labour law refers to the law that regulates labour in India. Traditionally, the Indian government has tried to ensure a high level of protection for workers at the federal and state levels, but in practice this differs due to the form of government and the fact that work is an issue in the simultaneous list of the Indian Constitution. The Minimum Wage Act of 1948 requires companies to pay the minimum wage set by the government and to limit work weeks to 40 hours (9 hours a day, including one hour off). Overtime is strongly discouraged, as the overtime bonus is 100% of the total salary. The Payment of Wages Act of 1936 stipulates the punctual payment of wages on the last working day of each month. The Factories Act of 1948 and the Shops and Establishments Act of 1960 require that each employee have 15 working days of fully paid leave each year with an additional 10 fully paid sick days. The Maternity Benefits (Amendment) Act 2017 gives employees of any company the right to take 6 months of fully paid maternity leave. It also provides for paid leave of up to 6 weeks in the event of miscarriage or medical abortion.

The organization of the Employees` Pension Fund and the Insurance of State Employees, which are governed by legal laws, provides for retirement benefits or health and unemployment benefits. Employees who are entitled to coverage by public employee insurance (those earning less than Rs 21000/month) are also entitled to paid medical leave worth 90 days. An employment contract may always provide for more rights than the minimum rights provided for by law. The Indian Parliament passed four labour laws during the 2019 and 2020 sessions. These four codes will bring together 44 existing labour laws. [2] These are the Industrial Relations Code 2020, the Social Security Code 2020, the Code of Safety, Health and Working Conditions 2020 and the Wage Code 2019. The Labour Disputes Act of 1947 regulates how employers can resolve labour disputes such as lockouts, layoffs, cuts, etc. It controls the legal procedures for conciliation and resolution of labour disputes. .