Employment / Labour Laws in India

Labour law is also referred to as employment law which is separate branch of law that protects workers rights. The Republic of India being a federal form of government having labour matters subject on its concurrent list in the the Indian Constitution, where the Central government and State governments can enact laws on labour relations and employment issues. Many labour laws have been enacted by the central government and that the State government not only for the protection of workers but also to protect workers against discrimination in the employment and in working government, to ensure proper relationship between employer and employee for the smooth working environment for industrial peace, to impart discipline among workers and also to take disciplinary action against indiscipline and disputed workmen in the work environment.

Workers being abundantly available in supply were not in a position to bargain with their employers for the just terms and conditions of employment. Mostly employers being conscious of their strength used to date their own terms and workers being conscious of their weakness and dependence on the employer for want of their livelihood were compelled by economic necessity to accept those unfair terms and conditions of employment. But wherever interfere to render the relationship on a equitable plane. Thus the labour law grew Speedily keeping pace with the growing of industrialisation.

Origin and history of labour laws

When it comes to the interpretation and application of labour law, the courts having regard to the bargaining status of the parties and the spirit to protect the vehicle class of workers from the rigours of the employer who can even create new obligations, although they might not have been asked for by either parties.

Origin and history of labour laws in India probably starts from the year 1860 onwards. In 1872 factories in Bombay invited the attention of public towards horrible working conditions in the factories. As a result of that for the first time Factories Act was enacted in the year 1881, which subsequently got amended for several times and finally got a shape in the year 1948, now being called as Factories Act 1948, which is meant for industrial workers exclusively for ensuring workers safety and healthy measures and also welfare measures two workers by employer. Though social security was provided to industrial workers in the form of ESI Act 1948 [Employees' State insurance Act], more Social Security was provided in the form of Workmen compensation Act 1923 by adopting certain conventions of the ILO [International labour organisation] in the year 1927. Eventually, other labour laws have evolved by reason and for specific object which ultimately aims for the protection of workers interest.

Every function under the human resource Management is governed by labour law of the land. Hence human resource manager should be diligent and be very careful while performing duties are functions as those are governed by concerned labour law. It is the duty of the human resource manager to check whether particular function is in accordance with concerned labour law or contravening. To make it for the clear it is clearly mention below which HR function is governed or covered by which labour law.

The following are some of the labour laws which have been enacted for specific purpose, which every industrial establishment and other manufacturing organisations mentioned in the labour laws should comply what the labour laws says. Otherwise such organisations are liable for penal action by the courts.

The list of major HR functions and Legal provisions governing them

• • Recruitment and Selection

  • Training and Development

  • Employee appraisal

  • Compensation of rewarding

  • Healthy, Safety and Welfare measures

  • Maintaining Industrial relationships, Code of conduct and Discipline.

Recruitment and selection

In case of public employment; article 16(1) of the Indian Constitution guarantees equality of opportunity to all citizens" in matters relating to employment" or "appointment to any office" under the state. According to Article 16(2), no citizen can be discriminated against, are to be ineligible for any employment or office under the state, on the grounds only of religion, race, caste, six, descent, place of birth or residence or any of them.

Adherence to the rule of equality in public employment is a being feature of our Constitution and the rule of law is its core. the recruitment rules are to be framed with a view to give equal opportunity to all the citizens of India entitled for being considered for recruitment in vacant posts. The word 'equality' in Article 16(1) means equality as between member of the same class of employees and not equality between members of separate, independent classes. Therefore article 16 does not bar a reasonable classification of employees are reasonable test for selection.

Equality of opportunity of employment means selection. Equality of opportunity of employment means equality as between member of the same class of employees and not equality between members of separate, independent, classes.

The Child Labour (Prohibition & Regulation) Act, 1986 and Article (24) of the Indian Constitution says that No child below the age of fourteen years shall be employed

Several industrial safety and welfare laws such as the Factories Act, the Mines Act and the Dock Workers (Safety, Health and Welfare) Act, will be merged to create a single category on industrial safety and welfare. The Minimum Wages Act, the Payment of Wages Act, the Payment of Bonus Act, the Equal Remuneration Act and a few others are likely to be merged.

The Labour Code on Industrial Relations will combine Industrial Disputes Act, 1947, the Trade Unions Act, 1926, and the Industrial Employment (Standing Orders) Act, 1946.

The proposed new labour law will help investors and is expected to accelerate growth, another official said.