HRM linkage with Labour laws - “Ignorance of law is not considered in the court of law”

“Ignorance of law is not considered in the court of law”

The meaning of the above statement is that, everybody should know the law of the residing country. Ignorance of law is not accepted by the court. A person because of illiteracy or ignorance can’t say that I don’t know the law.Court shall take action against any person who ever break the law such person is liable for punishment  by the court. Every person should be aware of law weather he is literate or illiterate. 

Labour laws are  backbone for the human resource management, without the involvement of labour law there is no human resource management. There is no validity for the human resource management without following the labour laws, sometimes disobey of labour laws may lead to serious consequences like penalization or sometimes imprisonment or sometimes both basing on the gravity of incident.

Every country legislature has formulated specific laws for the specific purpose. Like Labour laws were formulated for Labour/employees who are employed under any employment by an employer for the purpose of protection of labour or employees against exploitation by their employer. vice versa labour laws lays down certain restrictions on labour or employees against their employer, labour or employees must follow the rules and regulations prescribed by the labour laws, if not they are also liable for punishment or penalty by the court.

Every HR manager must know the labour laws of that country where he is working, because most of the core HR functions are linked and according to the labour laws of concerned country. Managing human resources without following labour laws may be illegal and in some increases it may be serious offence which may lead to close down of factory or establishment. There are various functions performed by human resource manager which may be simply called as human resource management. The core functions under human resource management are recruiting, selecting, training, performance appraising, compensating, and attending to labour relations, safety & welfare and health concerns. The above said core functions of human resource management is having in case with the labour laws of that country or state.

Maintaining proper labour relations between the employer & employee and employee & employee is most important fro organization performance. Having the good labour relations improve the productivity and organization overall performance. It is common in any organization arising of disputes within. Minimizing them is most important and lies in the hands of the HR department, so that good human relationship can be established. Solving the disputes aroused in the organization is done in accordance to the law of industrial dispute act 1947.

Welfare, safety and health measures are very important and must be maintained and implemented by every organization towards its employes. This is in accordance with the factories act 1948.

Every human resource manager should know and have through knowledge about the labour laws. Many of the human resource functions are based on the labour laws and should be implemented in accordance with the labour laws. Critical issues like disputes resolving, women employees’ rules and regulations in mining, child labour, and compensation in case of accidents etc. the above said all issues are performed according to the labour laws strictly.

HR managers are having key role in the organizations and are directly related to the employees and having direct access in maintaining and regulated the employees. Hence he should posses the knowledge of the labour laws. There exist many problems between the management and the employees. They should be resolved by HR managers in time. If they are not resolved in time, employee many approach the labour courts, which is very time consuming procedure in fact. When time matters in leads to the cost for the organization. When there is proper knowledge on the labour laws by HR manger he can resolve the conflicts according to laws and can save time.

Employent laws/labour laws are very support to the human resource management. In the sense to the human resource manager. There are various Labour laws mentioned below which are commonly used and supported

  1. Indian factories act 1948.
  2. Child labour act 1986.
  3. Trade unions act 1926.
  4. Industrial disputes act 1947.
  5. Minimum wages act 1948.
  6. Payment of wages act 1936.
  7. Payment of bonus act 1965.
  8. Workmen’s compensation act 1923.
  9. Payment of gratuity act 1972.
  10. Employee state insurance act 1948.

Facts [+] United States

The federal government requires the following notices be posted in every workplace: Uniformed Services Employment and Reemployment Rights Act, Fair Labor Standards Act, Employee Polygraph Protection Act, Family Medical Leave Act, Migrant and Seasonal Agriculture Worker Protection Act, OSHA job safety and health protection, Equal Employment Opportunity Act, and the Americans with Disabilities Act.

Employment Practices Liability Insurance (EPLI) was created in response to the passage of the Civil Rights Act of 1991, the Americans with Disabilities Act (ADA) of 1992, and the Family Medical Leave Act (FMLA) of 1993. These laws gave employees more rights, resulting in increasing numbers of work-related lawsuits based on harassment, discrimination and wrongful termination.

Indian government is planning to make amendments in the labour laws for securing employees especially those who are on contract basis. There has been drastic increase in volume of contract workers a in both the private and public sector, consequently there has been a drastic difference of payments between contract labour and permanent employee. In this regard government is planning to make amendments in Contract Labour act 1970 with the aim to safeguarding interest of contract workers. Further amendment of Key labour laws such as Minimum Wages Act 1948 are in pipeline by the government for the purpose of providing better remuneration for their work.

The Pregnancy Discrimination Act is a 1978 amendment to the Civil Rights Act of 1964. The act made discrimination on the basis of pregnancy, childbirth or related medical conditions unlawful. Women affected by pregnancy must be treated in the same manner as other applicants or employees. Pregnancy discrimination is the fastest growing type of discrimination in the U.S.