Labour Law Advisor

Labour Law Advisor - Overview

Labour law advisors are professionals who specialise in providing expert guidance and support to employers and employees on various aspects of labour laws in a specific country or region. They help clients navigate the complex legal landscape related to employment, working conditions, and the rights and obligations of employers and employees. Labour law advisors also help clients understand and comply with relevant laws and regulations to support the resolution of labour disputes.

What is Labour Law?

Labour law is the body of laws, regulations, and judicial decisions that govern the relationship between employers, employees, trade unions, and the government. It aims to:

• Protect the rights and interests of workers
• Ensure fair and equitable working conditions
• Promote safety and health in the workplace
• Regulate employment practices
• Facilitate collective bargaining and dispute resolution.

Types of Labour Law

Contractual Labour Law

Regulates the employment of temporary or contract workers, ensuring their rights and preventing exploitation.

Industrial Law

Governs the relationship between employers and employees in organised industries, covering wages, working hours, strikes, and lockouts.

Social Security Law

Provides social security benefits to employees, including provident funds, health insurance, and maternity benefits.

Occupational Safety and Health Law

Mandates workplace safety standards and regulations to protect workers from health hazards and accidents.

Equal Opportunity Law

Prohibits discrimination based on factors like caste, religion, gender, or disability, ensuring fair and equal treatment for all employees.

Child Labour Law

Prohibits child labour and regulates working conditions for minors, protecting their well-being and education.

Labour Law for Employees

Minimum wage

Every employee is entitled to a minimum wage per their skill level and industry.

Working hours

The maximum working hours per week are 48, with a daily limit of 9 hours. Overtime pay is mandatory for work beyond these limits.

Leave

Employees are entitled to various types of leave, including earned, casual, sick, and maternity leave.

Termination

Employers must follow specific procedures for terminating employment, including providing notice and severance pay.

Protection from discrimination

Employees are protected from discrimination based on caste, religion, gender, or disability.

Right to form unions

Employees can form trade unions and bargain collectively with their employers for better working conditions.

Labour Law Compliances in India

Employers in India have a legal obligation to comply with various labour laws and regulations. Here are essential compliances:

Registration with relevant authorities

Establishments must register under various labour laws, such as the EPF Act, ESI Act, and Shops and Establishments Act.

Maintaining proper records

Employers must maintain accurate records of employee wages, working hours, leave, and other relevant details.

Filing regular returns

Employers must file regular returns with various authorities, such as the EPFO, ESIC, and the Shops and Establishments Department.

Providing statutory benefits

Employers must provide statutory benefits like provident fund, health insurance, and maternity leave, as mandated by law.

Complying with safety regulations

Workplaces must comply with safety regulations and provide employees with a safe and healthy working environment.

Labour Code in India

India has undergone significant labour reforms, consolidating over 40 central labour laws into four comprehensive labour codes:

1. Code on Wages, 2019
2. Industrial Relations Code, 2020
3. Social Security Code, 2020
4. Occupational Safety, Health and Working Conditions Code, 2020

Labour Act in India

Labour laws play a crucial role in shaping the working conditions and rights of employees in India. These laws encompass a vast array of regulations covering various aspects of employment, aiming to create a fair and balanced environment for both employers and workers.

Labour Law Amendments 2023 and Shram Suvidha

2023 has seen several significant developments in Indian labour law, including amendments to existing laws and the ongoing implementation of the new labour codes. Here's a breakdown of the fundamental changes and how Shram Suvidha plays a role:

Labour Law Amendments 2023

Social Security Code (Amendment) Act, 2023

This amendment increases the minimum wage threshold for ESI coverage from ₹21,000 per month to ₹26,000 per month.

Code on Wages (Amendment) Act, 2023

This amendment provides for bonus payment to workers employed in shops and establishments under the Shops and Establishments Act.

Industrial Relations Code (Amendment) Act, 2023

This amendment extends the fixed-term employment period from 1 year to 3 years for certain categories of workers.

Other amendments

Various other amendments have been made to different labour laws, such as the Payment of Wages Act, the Factories Act, and the Maternity Benefit Act, focusing on improving compliance, worker welfare, and ease of doing business.

Shram Suvidha

Unified platform

Shram Suvidha is the official online portal of the Ministry of Labour & Employment, Government of India. It acts as a one-stop-shop for employers and employees to access various services related to labour laws.

Compliance management

Employers can use Shram Suvidha to register under various labour laws, file returns, submit documents, and track compliance status.

Information dissemination

The portal provides access to information about labour laws, amendments, notifications, and other relevant resources.

Grievance Redressal

Employees can use Shram Suvidha to file complaints against employers for violations of labour laws.

Online Portal Shram Suvidha

Shram Suvidha (https://shramsuvidha.gov.in/) is the official website of the Ministry of Labour & Employment, Government of India. It serves as a one-stop platform for employers and employees to access information and services related to labour laws.

Registration and licensing

Employers can register their establishments under various labour laws and obtain necessary licenses.

Returns and compliance

Employers can file online returns for various compliance requirements under the labour codes.

Grievance Redressal

Employees can register their grievances related to labour laws and track their resolution.

Information and resources

Access to various resources and information on labour laws, notifications, circulars, and other relevant updates.

Labour Legislation in India

• Industrial Disputes Act, 1947: Regulates industrial disputes, strikes, and lockouts.
• Factories Act, 1948: Governs workers' health, safety, and welfare in factories.
• Minimum Wages Act, 1948: Sets minimum wages for different employment categories.
• Payment of Wages Act, 1936: Regulates timely payment of wages and deductions.
• Payment of Gratuity Act, 1972: Provides for gratuity payment to employees upon retirement or termination.
• Employees' State Insurance Act, 1948: Provides medical, sickness, maternity, and other benefits to employees.
• Employees' Provident Funds and Miscellaneous Provisions Act, 1952: Mandates provident funds and employee pension schemes.
• Maternity Benefit Act, 1961: Grants paid maternity leave to women employees.
• Trade Unions Act, 1926: Regulates the formation and functioning of trade unions.
• Contract Labour (Regulation and Abolition) Act, 1970: Protects the rights of contract workers.
• Equal Remuneration Act, 1976: Prohibits discrimination in wages based on gender.
• Child Labour (Prohibition and Regulation) Act, 1986: Prohibits and regulates child labour.

Objectives and Principles of Labour Legislation

Protecting Worker Rights

The primary objective is to safeguard the fundamental rights of workers, including the right to fair wages, safe working conditions, freedom from discrimination, and access to social security benefits.

Promoting Industrial Peace

Labour laws aim to maintain harmony in the workplace by fostering healthy employer-employee relationships and minimising industrial disputes.

Ensuring Social Justice

These laws strive to create a level playing field by addressing inequalities and promoting social justice within the workforce.

Promoting Economic Development

A stable and productive workforce contributes to a nation's economic growth. Labour laws aim to create a conducive environment for businesses to thrive while protecting workers' interests.

Factors Influencing Labour Legislation in India

Constitutional provisions

The Indian Constitution itself enshrines fundamental rights related to labour, such as the right against exploitation, the right to fair wages, and the right to form unions.

International Labour Organization (ILO) Conventions

India has ratified several ILO conventions, which set international standards for labour rights and working conditions. These conventions influence Indian legislation and promote best practices.

Economic considerations

The government balances the need to protect worker rights with attracting investments and promoting economic growth. This sometimes leads to revisions or amendments to existing labour laws.

Trade agreements

Trade agreements with other countries often include provisions related to labour standards, which can influence domestic legislation.

Social and political pressures

Trade unions, worker organisations, and social movements significantly advocate for reforms and influence labour legislation.