Labour and Industrial Law
Labour and Industrial Law tests the statutory protection of workers, dispute resolution and social security. The Industrial Disputes Act 1947, Factories Act 1948 and wage and social security statutes are the core.
Industrial relations
- Industry, workman, industrial dispute; strikes and lockouts; lay-off and retrenchment.
- Retrenchment under s.25F: one year of continuous service, one month's notice or wages in lieu, and 15 days' average pay for each completed year.
- s.25N requires prior government permission for retrenchment in establishments with 100 or more workmen.
- Unfair labour practices; adjudication by labour courts and industrial tribunals.
Working conditions and wages
- Factories Act 1948: health, safety, welfare, hours of work, annual leave.
- Minimum Wages Act 1948; Payment of Wages Act 1936; Payment of Bonus Act 1965; Equal Remuneration Act 1976.
- Payment of Gratuity Act 1972: five years' continuous service; Maternity Benefit Act 1961: 26 weeks.
Social security
- Employees' Provident Funds and Miscellaneous Provisions Act 1952; Employees' State Insurance Act 1948.
- Contract Labour (Regulation and Abolition) Act 1970; Child Labour (Prohibition and Regulation) Act 1986; POSH Act 2013.
Codes
- The four labour codes - Code on Wages 2019, Industrial Relations Code 2020, Code on Social Security 2020 and OSH Code 2020 - consolidate these statutes; track their commencement notifications.
Worked example
A workman with three years' continuous service is retrenched without notice or compensation. The retrenchment is invalid: s.25F requires one month's notice or wages in lieu and 15 days' average pay per completed year; failure makes the retrenchment void and the workman may seek reinstatement.
Traps
Managerial and administrative staff are outside the definition of workman; 240 days is relevant for continuous service but s.25F uses one year; gratuity needs five years; maternity benefit is 26 weeks, not 12.