Labour Law in India

Features of labour law in India are as follows

1.HISTORICAL PERSPECTIVES OF LABOUR
1.1. Labour though the ages; Slave labour; guild system; Division on caste basis; Labour during feudal days
1.2. Colonial labour law and policy
1.3. Labour capital conflicts: exploitation of labour, profit motive, poor bargaining power, poor working conditions, unorganized labour, surplus labour, division of labour and super specialization, lack of alternative employment
1.4. International Labour Standards and their implementation
1.5. From laissez faire to welfare state: transition from exploitation to protection and from contract to statute

2.TRADE UNIONISM
2.1. Labour Movement as a counter measure to exploitation,
2.2. History of Trade Union Movement in India Right to trade union as part of human right to freedom of association, amalgamation, rights and liabilities, dissolution
2.3. Legal Control, and protection of trade union, registration, amalgamation, rights and liabilities; dissolution
2.4. Problems, multiplicity of unions, over politicization intra – union and inter – union rivalry, outside leadership, closed shop and union – shop, recognition of unions. Find lawyers for labour law in coimbatore lawyers.

3.COLLECTIVE BARGAINING
3.1. Concept of collective bargaining
3.2. International norms, conditions precedent; merits and demerits
3.3. Bargaining process
3.3.1. Negotiation
3.3.2. Pressurization: Strike and Lockout, go slow, work to rules, gherao
3.4. Structure of bargaining: plant, industry and national levels
3.5. Duration and enforcement of bipartite agreement
3.6. Reforms in law

4.STATE REGULATION OF INDUSTRIAL RELATIONS
4.1. Theoretical foundations social justice, labour welfare, public interest, productivity, Industrial peace and development, price control
4.2. Methods of regulation
4.2.1. Recognition of mutual arrangements
4.2.2. Assistance to bipartite settlements: conciliation, voluntary arbitration, formulation of standing orders
4.2.3. State prescription of machinery: reference for adjudication (the political overtones), adjudicatory mechanisms (how do they differ from courts?) award, its binding nature, judicial review of awards
4.2.4. State prescription of standards in lay off, strike, lockout, retrenchment, closure and transfer of undertakings
4.3. The Conceptual conundrum: industry, industrial dispute, workmen
4.4. Unfair Labour Practices

5.Discipline in Industry: restrains on managerial prerogatives
5.1. Doctrine of Hire and Fire: history of management’s prerogative
5.2. Fairness in disciplinary process
5.2.1. Punishment for misconduct: meaning of misconduct
5.2.2. The right to know: the charge sheet
5.2.3. The right to defined: domestic enquiry, notice, evidence, cross examination, representation, unbiased inquiry officer and reasoned decision
5.2.4. renatal (permission) and Postnatal (approval); control during pendency of proceedings (S.33 of the I.D.Act.)

6.Legal Control and protection of trade unions: Indian Trade Union Act of 1926:
6.1. Registration , rights and liabilities of trade union.
6.2. Amalgamation and dissolution of trade union.
6.3. Problems; multiplicity of unions, over politicization, intra – union and inter – union Rivalry, outside leadership, closed shop and union- shop.
6.4. Recognition of unions.
6.5. Amendments to Trade Union Act and reforms in law.

7.Law relating to service conditions:
7.1. Industrial employment (standing Orders) Act, 1946- Scope and Object of the Act,
7.2. Model Standing Orders, and matters to be incorporated in standing orders (Schedule to the Act)
7.3. Submission of draft standing order, certification and modification of standing orders :
7.4. nterpretation of standing orders and power of appropriate Government to make rules
7.5. Concept of misconduct, disciplinary action and punishment for misconduct.

8.Law relating Industrial Disputes: Industrial Disputes Act, 1947-
8.1. Conceptual conundrum: industry, industrial dispute, workmen;(Sec.2 ‘J’K’ and ‘S’);

9.Law relating Industrial Disputes: Industrial Disputes Act, 1947
9.1. Disputes settlement machinery
9.2. Conciliation officers,
9.3. Board of Conciliation,
9.4. Labour court, and Civil procedure code 1908 in India.
9.5. Industrial Tribunal and National Tribunal – duties and powers; (Sec.3-10)
9.6. Reference for adjudication Voluntary Arbitration (Sec 10 & 10A).
9.7. Award its binding nature and Judicial review of awards. (Sections 18 & 11-A).
9.8. Statutory limitations on strikes and lock-outs; unfair labour practices – prohibition and penalties, (Sec.22-31 & 25-T, 25U).
9.9. General and special provisions relating to lay-off, retrenchment and closure (Sections 25A- 25S and 25K – 25R).

10. Recommendations Second Labour Commission on Industrial Disputes.

Advanced labour law

1.REMUNERATION FOR LABOUR
1.1. Theories of Wages: marginal productivity, subsistence, wages fund, supply and demand, residual claimant, standard of living
1.2. Concepts of Wages (minimum wages, fair wages, living wages, need based minimum Wages)
1.3. Components of Wages: dearness allowance, principles of fixation
1.4. Disparity in Wages in different sectors: need for rationalization and national
approach
1.5. Wage determining process: modes and modalities
1.5.1. Unilateral fixation by employer
1.5.2. Bilateral fixation
1.5.3. Conciliation, arbitration and adjudication
1.5.4. Wage Board and Pay Commission
1.5.5. Principles of wage fixation
1.6. Concept of bonus; computation of bonus
1.7. Protection of Wages: nonpayment, delayed payment, unauthorized deductions, remedial measures

2.Health and Safety
2.1. Obligations for health and safety of workmen legislative controls: factory, mines and plantations
2.2. Employer’s liability
2.2.1. Workmen’s Compensation
2.2.2. Employees State Insurance
2.2.3. Liability for hazardous and inherently dangerous industries; environmental Protection

3.Labour Welfare
3.1. Welfare provided by the employers and through bipartite agreements and by statutory prescription
3.2. Provident Fund and Family Pension
3.3. Gratuity
3.4. Interstate migrant workmen; regulation of employment and conditions of service
3.5. Regulation of working hours: Statutory controls
3.6. Woman and labour force
3.6.1. Equal Remuneration Law, maternity benefits protective provisions for women under Factories, plantations and mines laws
3.7. Employment of young persons: prohibition of employment of children, regulation of employment of young persons

4.Protection of the weaker sectors of labour
4.1. Tribal labour: need for regulation
4.2. Beedi workers
4.3. Unorganized labour like domestic servants: problems and perspectives
4.4. Bonded labour: socio – economic programmes for rehabilitation
4.5. Contract labour regulation
4.6. Constitutional dimensions of labour standards

5. Law relating to wages and bonus :Theories of wages: marginal productivity , subsistence, wage fund , supply and demand , residual claimant , standard of leaving concepts of wages (minimum wage, fair wage, leaving wage, need-based minimum wage): Constitutional provisions : Components of wages:
5.1. Minimum wages Act, 1948: Objectives and constitutional validity of the Act: procedure for fixation and revision of minimum rates of wages: exemptions and exceptions :
5.2. Payment of wages Act, 1936: Regulation of payment of wages Authorized Deductions ,
5.3. Payment of Bonus Act,: Bonus- Its Historical back ground , present position and exemptions , Payment of Bonus (Amendment) Act, 2007

6.Social Security against employment injury and other contingencies :
6.1. Concept and development of social security measures :
6.1.1. Concept of ‘Accident arising out of’ and ‘in the course of the employment ‘: Doctrine of notional extension and doctrine and added peril:
6.1.2. Total and partial disablement:
6.1.3. Quantum and method of distribution of compensation
6.2. Employers liability to pay compensation for employment injury: Legal Protection : Workmen’s Compensation Act, 1923
6.2.1. Benefits provided under the Act:
6.2.2. Employees State Insurance Fund and Contributions:
6.2.3. Machinery for the implementation of the Act:
6.2.4. ESI Court and appeal to High Court
6.3. Employees State insurance Act, 1948:

7.Law relating to retirement benefits :
7.1. Employees Provident Fund and Miscellaneous Provisions Act, 1952; Family Pension Scheme1971and Employees Pension Scheme 1995:
7.1.1. The changing rules regarding Employees Provident Fund and Pension Schemes;
7.2. Payment of Gratuity Act, 1972 – Concept of gratuity, Eligibility for payment of gratuity, Determination of Gratuity, Forfeiture of gratuity

8.Contract Labour:
8.1. Problems of Contract Labour: Process of Contractualisation of labour
8.2. Legal Protection: Contract Labour (Regulation and Abolition) Act, 1970; Controversy regarding Abolition of contract labour and their absorption; Land mark cases: Air Indian Statutory Corporation. V. United Labour Union, (1977) & SAIL case (2002);
8.3. Proposed amendment and its impact on the contract labour.

9.Unorganized Sector:
9.1. Problem of Definition and Identification; Unionization problems
9.2. Historical backdrop of proposed bills on social security for unorganized sector (2004, 2005 & 2007)
9.3. Unorganized Sector Worker’s Social Security Act, 2008.

10. LAW REFORMS