Question 1

Who are Employees in Labour Law?

Accepted Answer

In labour law, an employee is typically defined as a person who works for another person under a contract of employment in exchange for wages or other benefits. This generally includes:

Full-time and part-time employees

Permanent and temporary employees

Contractual employees (with certain conditions)

Apprentices and trainees

However, specific categories of workers may not be considered employees under labour law, such as:

Independent contractors

Volunteers

Family members working in a family business

Government officials

It's important to note that the definition of 'employee' can vary depending on the specific labour law provision or legislative context. If you're unsure about the employment status of an individual, it's best to consult with a qualified labour lawyer.

Question 2

Which Companies come under Labour Law?

Accepted Answer

In India, almost all companies employing a specific number of workers come under the purview of various labour laws. The specific number of employees triggering applicability of various laws can differ. Here are some general guidelines:

Four Labour Codes (2020)

Code on Wages: Applicable to all establishments employing any number of employees.

Industrial Relations Code: Applicable to establishments employing 300 or more employees.

Social Security Code: Applicable to establishments employing 10 or more employees (for certain provisions).

Occupational Safety, Health and Working Conditions Code: Applicable to all establishments employing 10 or more employees.

Other Labour Laws:

Specific thresholds like 100, 20, or even 10 employees may apply to other labour laws such as the Factories Act, Shops and Establishments Act, etc.

It's always advisable to consult with a labour law advisor or reference the specific legislation to determine which laws apply to your company based on the number of employees and the nature of your business.

Question 3

What is Section 23 of labour law?

Accepted Answer

Unfortunately, your question regarding 'Section 23 of labour law' lacks context. There are numerous sections numbered 23 across various Indian labour laws. To answer accurately, I'd need to know which specific labour law you're referring to. Please provide the full name of the Act or Code containing Section 23 for a precise answer.

Question 4

What is the Section 17 Labour Law Act?

Accepted Answer

Similarly, for 'Section 17 labour law Act,' please specify the exact Act or Code you're asking about. There are different Sections 17 in various labour laws, and providing the context will ensure I deliver the relevant information.

Question 5

What are the features of Indian labour laws?

Accepted Answer

Here are some key features of Indian labour laws:

Protective in nature: They primarily aim to protect the rights and interests of workers from exploitation and unfair treatment.

Comprehensive: They cover various aspects of employment, including wages, working hours, leave, termination, safety, and social security.

Complex and multi-layered: There are numerous laws, codes, rules, and judicial pronouncements, making navigating the system quite complex.

Regularly evolving: Labour laws are constantly revised and updated, requiring employers and employees to stay informed about the latest changes.

Focused on social justice: They promote a fair and equitable work environment and aim to bridge the gap between employers and employees.

Question 6

What is the minimum salary in India as per Labour Law?

Accepted Answer

The minimum wage in India varies depending on several factors, including:

Skill level of the employee: Minimum wages differ for unskilled, semi-skilled, and skilled workers.

Industry or sector: Specific minimum wages may be set for different industries.

Geographical location: Four wage zones determine varying minimum wages across India.

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