Labour Laws

Labour Laws: - That kind of law is mainly instituted for labour. There are mainly two kinds of labour law one of them is individual labor law and other is collective labor law. The Indian Labor law regulating employment in India.

India’s labor regulations - among the most restrictive and complex in the world - have constrained the growth of the formal manufacturing sector where these laws have their widest application. Better designed labor regulations can attract more labor- intensive investment and create jobs for India’s unemployed millions and those trapped in poor quality jobs. Given the country’s momentum of growth, the window of opportunity must not be lost for improving the job prospects for the 80 million new entrants who are expected to join the work force over the next decade.

  • Individual Labour Law -

    All India Organisation of employers pointed that there are fifty five central labour laws and over the amount of hundred have state labour laws. Individual labour law covered the Contact Labour Act whose aim for regulating employment of contract labour and woman are not permitted to work night shifts b. Minimum Wages Act 1948.c. Weekly Wages Act 1948  d. Weekly Holidays Act 1942 e. Beedi and Cigar Act 1936 . f. The Workmen’s Compensation Act 1923 g. The Factories Act 1948.Traditionaly Indian Government at federal and state level sought to ensure a high degree of protection for workers. Prime Minister Manmohan Singh has said that new labour laws are needed.

International Comparison of Indian Labour Laws
The table below contrasts the labor laws in India to those in China and United States, as of 2011.

TABLE OF RELATIVE REGULATIONS AND RIGIDLY IN LABOUR LAW

Practice Required by Law

India

China

United States

Minimum wages US$ /month

6,000 (US$89) /month

182.5

1242.6

Standard Work Day

8 Hrs

8 Hrs

8 Hrs

Minimum rest while at work

30Min/ 6 Hour

None`

None`

Maximum overtime limit

200 hours per year

432 hours per year

None

Premium pay for overtime

100%

50%

50%

Dismissal due to Redundancy allowed?

Yes, If approved by Government

Yes, without approval of Government

Yes, without approval of Government

Government approval required for 9 person Dismissal

Yes

No

No

Government approval required for 1 person dismissal

Yes

No

No

Government approval the Redundancy demand granted

Rarely

Not applicable

Not applicable

Dismissal priority rules regulated

Yes

Yes

No

Severance pay for redundancy dismissal of employee with 1-year tenure

2.1 WEEK SALARY

4.3 WEEK SALARY

NONE

Severance pay for redundancy dismissal of employee with 5-year tenure

10.7 WEEK SALARY

21.7 WEEK SALARY

NONE

 

  • Collective Labour Law -

    This labour law in the collection towards and between the employee and employer and this type of labour law concern the triplicate relationship between the employee, employer and the trade union and this union are also called labour union. There are three major statutes are within the area of collective labour law, 1.1976, co-determination Act, 1974- Workplace representative Act and judicial Procedure in labour and Dispute Act.

Trade Unions

Many countries require union for taking certain actions. For example - some countries, requiring that the union ballot the membership for approving strike or to approve using members dues for political project, the main object of trade union is right to work and others labour rules also and as per the union the labours also obey the rule and decision.

Pickets

It is the tactic which often uses workers during the period of strikes. They may congregate outside of workplace for demanding the issue and they also prevent against the strike breakers for entering their workplace. In many country this activity is restricted by labour law, in some countries like Britain the labour may be court order made time to time against picket, and being a particular places in particular way.

Workplace Involvement

In many countries the employers consult their workers on issue that concern such a particular place in the company, not only that workers voice to be listened to but that the worker have a vote also be counted.

Co-Determination

Co-determination is originated from Germany and practiced in the European countries, such as Holland, Sweden. This is the system for right of worker to be represented on the Board of Company, German company law uses a split board system, with a supervisory board which appoints an executive board for supervise. The share holders and union elect the supervisory board in equal number of member. In Sweden it is regulated by Law on board representation. The law covers private companies with twenty five and more employee. In this company worker have the right to appoint two board members and also two substitute members in case of which the company has more than one thousand employees then three members and three substitute member will be appointed by workers union.