This is a very important topic in India’s labor law and awareness among people about it. Here we will try to give information about the establishment and its employees. Why labor law was needed in the world and how labor laws were made, we will try to know about it and in India these laws were brought in British India, in which many changes were made after 1947.
Socialism has had a lot of influence among the employees working in industrial establishments in British India, so laws were made for this in British India, due to which the labor unions remained very strong till 1990, but after that a lot of changes were made in the labor law.
In government policy, many laws have been made in the inclination of capitalism, such allegations are made on the system, we will try to know the facts and how should there be ideal labor laws so that neither there is loss of the establishment nor loss of employees. Will try
Object of Labor Laws –
Many labor laws were made in British India, but its purpose was a police system, not a state of public interest, in which opposing the British system was considered a crime. After the independence of India, many labor laws were changed and laws were made by making them aimed for the protection of a society.
Laws have been made to protect the health of employees and other security while working, which we are going to look forward to in detail, including minimum wage, job security, protection from exploitation, protection from accidents while working, for such incidents. Different laws have been made.
After the independence of India, big companies work to give employment to the people and the employees give money to the companies, so there should not be any injustice, considering the interest of both, so the employees and the owners remain brotherhood in this, so laws were made. .
Important Labor Laws –
The constitution has given the right to make laws in all the states in the labor law, they have been given the right to make laws according to their own or according to the situation of their states by simply guiding the law of the center, in which the states have the right to say minimum wage or professional taxes have been given.
Therefore, establishments have to work according to the labor law of the Center and the labor laws of every state, in which some important laws have been made which are given below, which were recently collected in four codes which are the laws of the center and the states. Will work cooperatively in which the law will be used directly through orders, notifications, rules.
The Code on Wages 2019
- The Payment of Wages Act – 1936
- The Minimum Wage Act – 1948
- The Payment of Bonus Act 1965
- The Equal Remuneration Act 1976
The Occupational Safety, Health & Working Conditions Code 2020 –
- The Factory Act 1948
- The Contract Labor (Regulation & Abolution) Act 1970
The Mines Act 1952
- The Dock Workers (Safety,Health & Welfare) Act 1986
- The Building & other construction workers( Regulation of employment & conditions of service) Act 1996
- The Plantation Labor Act 1951
- The inter-state migrant workmen (Regulation of employment & conditions of service) Act 1979
- The working journalist (Fixation of rates of wages)Act 1958
- The Cine workers & theater workers Act 1981
- The Motor Transport Workers Act 1961
- The Sales Promotion Employees (Conditions of service) Act 1976
- The Beedi & Cigar workers(Conditions of employment) Act 1966
- The Code on Social Security 2020 –
- The Employees Compensation Act 1923
- The Employees State Insurance Act 1948
- The Employees Provident Fund & misc provisions Act 1952
- The Employment exchanges (Compulsory Notification of Vacancies) Act 1959
- The Maternity Benefits Act 1961
- The Payment of Gratuity Act 1972
- The cine workers welfare fund Act 1961
- The Building & other construction workers welfare cess Act 1996
- The unorganized workers Social Security Act 2008
The Industrial Relation code 2020 –
- The Trade Union Act 1926
- The Industrial Employment (Standing Orders) Act 1946
- The Industrial Dispute Act 1947
Important Compliance of Labor Laws –
Provident Fund –
An employee or an officer takes retirement after his job, who gets the benefit of Provident Fund, who during the time of his service, his part of his salary and the owner deposits his share in this fund. This fund gives social and economic security to that person in his old age.
Applicability of Provident Fund –
This law is applicable to the establishment in which at least 20 employees work, for which the employees who get monthly 15000 / – salary are bound in this law. If you have to fill the contribution even if you are more than your salary, then you can take this benefit with the consent of your employer and the best officer.
Contribution of Provident Fund This is 12% establishment and 12% employee, in which 8.33% goes to the pension fund of the employee, and the rest of the amount goes to the Provident Fund. All this amount is received by the employee at the time of retirement or in the middle of the death of the employee, his heirs get pension and provident fund.
How to Create Provident Fund Account ? –
EPF Registration / EPF Registration –
If the establishment is obliged to register PF by the provision given in the law, then by filling all the information of the company online, uploading the necessary documents, opening its account, which gives Universal Identification Number (UAN), and according to the rules, the employee and submits his contribution. Is.
Here an account is created in the Provident Fund of the establishment and every employee can see his deposit at all times by creating his own account. By creating an account of the employer, he has to fill the contribution of both every month and audit it.
For this, KYC of the establishment and employees has to be given, to which they are linked to get government benefits and to provide other services, and bank details have to be given.
How to Create Employees State Insurance Account –
After registering on the official website of ESIC, you get an IP number from which you can get your information through ESIC. In this, the account of the establishment and the employee is taken out, so that the establishment fulfills all the compliances by following the law.
Through this facility, a health service is provided to the employee for the part of the employee and the establishment, in which protection is provided for accidents and natural diseases during the work and at the time of illness, the facility of payment to the employee on half the salary is provided under this law. is found below.
Under this law, it is mandatory to have at least 10 employees in the establishment, from which this law is applicable, if the establishment wants, it can register itself under this law and provide facilities to its employees, so that all the compliances have to be fulfilled.
Factory and Industrial Act –
There are mainly two types of establishment, in which the establishment producing and the other providing service. Factory Act This law where the setup of production is imposed, all the rules of the Factory Act become applicable and all the process has to be completed under this law.
For the safety of the employees, from the point of view of health and safety, the establishment has to be followed according to the procedure of the law given above, so that this law does the work of providing security to the employees and justice can be done in his entire service, all such provisions have been given. Is.
Profession Tax Act –
In India, professional tax is not applicable in all states, but the right to collect professional tax on the salary of employees.
In the states where it is imposed, it has to be filled according to the provision of law and its responsibility lies on the establishment. Tax slabs of every state are given by making laws, according to which and according to the income law, slabs are made.
Labor Courts –
Labor courts / tribunals have been created in India to solve labor law cases quickly, where labor related matters should be resolved quickly because there is already a lot of workload in the traditional judiciary and there is not that much staff, so employees in labor law should be Labor Courts have been established under the above law to deliver justice.
Where courts have been established for the exploitation of the employee and for his protection, where the establishment is already considered competent and the employee is considered to be a victim because he is weak, therefore in most cases exploitation of the employees is seen, so this tribunal is quite are considered important.
Labor Law Policies for Employees –
In the labor law, how the employee will be appointed, how he will be fired, it has been told in a clear way. As the company remained closed for several days during the Corona period, the guideline of how to pay the employees during that time was given by the government and by the court.
So that the employees cannot be exploited, but it is seen from the point of view of the establishment where the business has suffered a lot in this situation, so some concessions have been given to the establishment. Most of the companies do not sack the employees which will spoil the career of the employee, instead Redesign prefers this option.
But in some cases, the employees leave the company without informing, in which cases there is an option of absconding, which has to be given to the establishment in the audit.
Other Labor Laws & Provisions –
What should be the employee’s leave in the labor law, maternity law related to women, provisions to prohibit exploitation, equal pay rights, many such facilities have been provided to women by making the above laws, just by awakening us and benefiting from it. Have to take
Security has been provided for unsafe laborers and employees working for big construction projects by making laws like BOCW, which have been given provisions for strict discipline in case of violation. Provisions like gratuity, pension like facilities can be availed by the employees on completion of their service.
All these laws do the work of providing security to the employees in their service and force the establishment to follow it strictly under discipline, so that the brotherhood of both the sections of the society is maintained and the employees can progress the establishment to the best of their ability. This is supposed to be the purpose of these laws.
In this way, we have seen here that how the labor law works and how it should be followed, for this a lot of compliances have to be completed, so that the purpose of labor law is made successful, in which we have seen the important laws above, which is how to be registered and every month its We have seen what the process is.
Recently the government has tried to remove the complexity of labor law by introducing labor law codes. Big companies complete this process successfully by keeping professional people for this, but for small companies it is not necessary to hire experts, so to simplify this law, the government has brought four codes, under which an attempt was made to clarify the interpretation of the employee. Is.
A lot of changes have been made in how to deal with government employees and officials so that the establishment does not suffer due to the dictatorship of Servant Shah, which is called “Ease of doing business” which can be done in a simple way and foreign companies are allowed to do business in India. To be attracted so that employment can be made available.