GENERAL INTRODUCTION OF EMPLOYMENT AND LABOR LAW IN INDIA

ARE YOU READY TO KNOW ABOUT IMPORTANCE OF LABOR OR EMPLOYMENT  LAW IN INDIA.

Definition of law

A group of rules, general and abstract, which govern the behaviour and the relations of the people in the society and which are imposed by sanctions enforced by the competent public authorities.

Public and Private laws

PUBLIC LAW

  • Public law is that part of the law which governs the relations of citizens with the state, and of one state with another.
  • Thus, public law includes public International Law, Constitutional law, Administrative law, Criminal law, and Financial law.

PRIVATE LAW

  • Private law is that part of the law which governs the relations of citizens among themselves.
  • It includes the civil law in its widest sense Commercial law, labour law, the law of civil procedure and the Private International law.

LABOUR LAW

  • Labour law or employment law is the body of laws, administrative rulings, and precedents which address the legal rights of and restrictions on, working people and their organizations.

There are two broad categories of labour law:

  • First, collective labour law relates to the tripartite relationship between employee, employer and union.
  • Second, individual labour law concerns employees’ rights at work.

General Characteristics of labour law

1- Work constitutes a right and shall enjoy the protection of the State, which shall care for the creation of conditions of employment for all citizens.
2- The State shall adopt due measures safeguarding
3 -The freedom to unorganized and the unhindered exercise of related rights against any infringement thereon within the limits of the law.

CONTRACT FOR EMPLOYMENT

  • A basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two.
  • This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or
  • common law, in such a way as to restrict the freedom of people to agree to certain things in order to protect employees, and facilitate a fluid labour market.
  • In the US for example, majority of state laws allow for employment to be “at-will”, meaning the employer can terminate an employee from a position for any reason, so long as the reason is not an illegal reason, including termination in violation of public policy.
  • One example in many countries is the duty to provide written particulars of employment with the ( Latin for essential terms) to an employee.
  • This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on.
An employer may not legally offer a contract in which the employer pays the worker less than a minimum.

General provisions

An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms’ of the contract.

Trial period

The employer and the employee may agree on a trial period of a maximum of four months starting from the beginning of the work.
  • During the trial period, the employment contract may be cancelled by either party The employment contract may not.

Working Conditions

  • Emoluments
  • All official receipts collected by a worker by virtue of the employment agreement including the wages, salary, family allowances, and housing, food and transport expenses
  • The wages must be paid at regular intervals on working days and during working hours in cash and in the currency of the country.

The Duration of Work

  • the period during which a worker places his energy or time at the disposal of an employer for the performance of work. Barring the cases excepted in this Law, the working hours per day must not exceed 8 hours.

HOLIDAYS AND VACATIONS

  • Sunday is the weekly holiday for workers, allowing payment of wages.
  • All workers shall be entitled to three days of vacation with wages in the following cases:
  • a) Permanent marriage b) Death of spouse, father, mother or children.

Working Conditions of Women

  • It is prohibited for female workers to perform dangerous, hard
  • The female workers’ maternity leave totally comes to 90 days. At least 45 days of this leave, as much as possible, must be utilized after delivery.

Employer’s obligations

General obligation

1- The employer shall in all respects work to improve employer/employee relations and relations among the employees.
2- The employer shall ensure that employees are able to carry out their work even when the enterprise’s operations.
3- Prohibition of discrimination, and equal treatment.

Occupational safety and health

  • The employer must ensure occupational safety and health in order to protect employees from accidents and health hazards,
  • Applicability of Collective Agreements
  • Minimum pay in the absence of a collective agreement

Pay during illness Employees

  • Who is prevented from performing their work by an illness or accident are entitled to pay during illness.
  • Pay period on termination of an employment relationship
  • When an employment relationship ends, the pay period also ends
  • Exceptional paydays
  • If an employee’s pay falls due on a Sunday, a religious holiday, Independence Day, May 1 Christmas or Midsummer Eve, or a Saturday.

Employees’ obligations

General obligations

Employees shall perform their work carefully, observing the instructions concerning performance issued by the employer within its competence In their activities,
  • Competing activity
Employees shall not do work for another party or engage in such activity that would, taking the nature of the work and the individual employee’s position into account.

Employment Contract Provisions

General provisions

  1. Employment contract entered into by an employee, or jointly by several employees as a team, agreeing personally to perform work for an employer under the employer’s direction and supervision in return for pay or some other remuneration.
  2. The Act applies regardless of the absence of any agreement on remuneration if the facts indicate that the work was not intended to be performed without remuneration.

Form and duration of the employment contract

  • An employment contract may be oral, written or electronic. An employment contract is valid indefinitely unless it has, for a justified reason, been made for a specific fixed term Contracts made for a fixed term on the employer’s initiative without a justified reason, and consecutive fixed-term contracts concluded without a justified reason,   shall be considered valid indefinitely.

Contracts of employment with minors and other legally incompetent persons

  • Provisions concerning the right of a person under 18 years of age to conclude a contract of employment and the right of the person having the care and custody of a young employee to  ‘ cancel a contract of employment concluded by a minor are laid down in the Young WorkersA person who has been declared legally incompetent or whose competence has been limited under the Act on Guardianship may conclude and terminate a contract of employment on his own behalf.

Prohibition of discrimination, and equal treatment

  • The employer shall not exercise any unjustified discrimination against employees on the basis of age, health, disability, national or ethnic origin, nationality, sexual orientation, language, religion, opinion, belief, family ties, trade union activity, political activity or any other comparable circumstance Provisions on the prohibition of discrimination based on gender are laid down in the Act on Equality between Women and Men (The definition of   discrimination, prohibition on sanctions and burden of proof in cases concerning   discrimination are laid down in the Non-Discrimination Act).

Occupational safety and health

  • The employer must ensure occupational safety and health in order to protect employees from accidents and health hazards, as provided in the Occupational Safety If the working duties or conditions of a pregnant employee endanger the health of the employee or the fetus and if the hazard cannot be eliminated from the work or working conditions, the employee shall if possible be transferred to other duties suitable in terms of her working capacity and skills for the period of pregnancy Provisions on the employee’s right to special maternity leave .

Family leave

Maternity, special maternity, paternity and parental leave

  • Employees shall be entitled to take leave from work during maternity, special maternity, paternity and parental benefit periods as referred to in the Sickness Insurance Act
  • Employees shall be entitled to take parental leave in one or two periods, the minimum duration of which shall be 12 working days.

Child-care leave

  • Employees are entitled to take child-care leave in order to care for their child or some other child living permanently in their household until the child reaches the age of three.
  • The entitlement to child-care leave of a parent of an adopted child, however, continues until a period two years has elapsed from the adoption, or at the most until the time the child starts school.
 Edited by; Kumar Rahul Anand

 

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