Aug 07,2019 | 5 min read

Labour Law Compliance Rules in India | Lawyered

Labour Law Compliance Rules in India

Author - Associate Kantika Mukherjee

India has seen a huge development of business and economic growth in recent times. Labour Law compliance in India is basically a set of terms or conditions of employment. For carrying out business, corporations are required to meet statutory compliance requirements. There are many laws and acts that a firm is required to follow. If the corporation fails to comply with the regulations then it may lead towards punitive action from the concerned authorities. There are central laws, as well as there are state laws with which a business is required to comply with.

Legal compliance in India is primarily focused on safeguarding the protection of the rights of employees. It regulates companies, workers as well as trade unions through several compliances towards securing the rights of the workers and labour at large. However, labour law compliance in India are imposed by the State as well as the Central Government.  Abiding to Labour compliance is essential for every big and small company to keep their businesses safe and secured from any legal trouble.

In this article, we would state certain key provisions and applicability criteria of the various labour compliance applicable in India also we will discuss about Employment law compliance with labour laws

Importance of labour compliance

The companies in India must carry out statutory compliance laws in India under various Labour Laws. The range of labour compliance is not restricted to filing returns and maintaining statutory deposits and records by means of the company. For any legal trial, these records shall be produced as evidence under various statues. Also, if the business or company in any case fails to make the industrial law compliance, there are strict penalties specified by the law.

Indian Labour Law contains various acts consisting of every possible aspect for the protection of labour rights. The application of the law relies on the type of firm. Also, there are many laws which are applicable to employer as well as employee respectively.

The concepts under Labour Law

Labour Law includes employee benefits as well as termination, the rules and regulations for workers, and so forth. There are many acts that are included in Compliance under labour laws. The major acts which are included in the lndustrial law compliance rule are:

  • Building and Other Construction Workers (Regulation of Employment and Conditions Services) Act, 1996

  • Contract Labour (Regulation and Abolition) Act, 1970, Equal Remuneration Act,1976

  • Minimum Wages Act, 1948 and Mines Act, 1952, Industrial Employment (Standing Order) Act 1946, etc. 

The List of Labor Laws in India are-

Laws relating to Industrial  law compliance are,

  • Trade Unions Act, 1926

  • Industrial Employment Standing Order Act, 1946

  • Industrial Disputes Act, 1947

Law relating to Wages is,

  • Payment of Wages Act, 1936

  • Minimum Wages Act, 1948

  • Payment of Bonus Act, 1965

  • Working Journalists (Fixation of rates of wages) Act, 1958 

Laws relating to working hours, conditions of service and employment are,

  • Factories Act, 1948

  • Plantation Labor Act, 1951

  • Mines Act, 1952

  • Contract  Labor (Regulation & Abolition) Act, 1970

  • Sales Promotion Employees Act, 1976

  • Working Journalists and Other newspaper Employees (Conditions of services and Misc. provisions) Act, 1955

  • Interstate migrant workmen (regulation and employment and conditions of service) Act, 1979

  • Dock Workers (Safety, Health and Welfare) Act, 1986

  • Building and other construction workers (Regulation of employment and conditions of service) Act, 1996

  • Building and other construction workers Welfare Cess Act, 1996

  • Cine Workers and Cinema theatre workers  (regulation of employment) Act, 1981

  • Dangerous machines (regulation) Act, 1983

  • Merchant Shipping Act, 1958

  • Motor Transport Workers Act, 1961

  • Beedi and Cigar Workers (Conditions of Employment) Act, 1966

  • Industrial employment (standing orders), Act, 1946

  • Mines and minerals (Development and Regulation) Act, 1957

  • Plantation Labor Act, 1951

  • Private security agencies (regulation) Act, 2005

  • Dock Workers(regulation of employment) Act, 1948

  • Dock Workers (regulations of employment) Act, (Inapplicability to major ports) Act, 1997

  • Employment of manual scavengers and construction of Dry latrines (Prohibition) Act, 1993

Laws relating to Equity and Empowerment of Women are:

  • Maternity Benefits Act, 1961

  • Equal Remuneration Act, 1976

Laws relating to Prohibitive Labour Laws are:

  • Bonded Labor system (Abolition) Act, 1976

  • Child Labour (Prohibition and Regulation) Act, 1986

  • The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

  • The Sexual Harassment at the Workplace (Prevention, Prohibition and Redressal) Act, 2013

Laws relating to Employment and Training

  • Apprentices Act, 1961

  • Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

Laws relating to social security are:

  • Employee's Compensation Act, 1923

  • Employees State Insurance Act, 1948

  • Employees Provident Fund and Miscellaneous Provision Act, 1952

  • Payment of Gratuity Act, 1972

  • Employers Liability Act, 1938

  • Fatal Accidents Act, 1855

  • Limestone and Dolomite Labor Welfare Fund Act, 1972

  • Mica Mines Labor Welfare Fund Act, 1946

  • Iron ore mines, Manganese ore mines and Chrome ore mines Labor Welfare Cess Act, 1976

  • Iron ore mines, Manganese ore mines and Chrome ore mines Labor Welfare Fund Act, 1976

  • Personal Injuries (compensation insurance) Act, 1963

  • Personal Injuries (Emergency provisions) Act, 1962

  • Unorganized workers social securities Act, 2008

  • Beedi Workers Welfare Cess Act, 1976

  • Beedi Workers Welfare Fund Act, 1976

  • Cine Workers Welfare Cess Act, 1981

  • Cine Workers Welfare Fund Act, 1981

Current Amendment of the India's Labour Laws

The government of India has proposed one license, one registration, and one return for establishments for Indian companies. The Code on Occupational Safety, Health and Working Conditions (OSHW), 2019, has been introduced by Labour and Employment Ministry in The Parliament lately.

The proposed Bill seeks out to consolidate 13 labour laws, which includes the Factories Act, 1948, and the Contract Labour (Regulation and Abolition) Act, 1970. Presently, under these 13 laws, an establishment is needed to do six registrations. All the industrial law compliance are necessary for the labours and for justice.

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