Background I
Compliance to labour Laws is considered to
be an important function of HRM. The new
economic order, characterized by the growth
of service sector and I.T., globalization of
market, labour & capital mobility, greater
use of contract labour and sub-contracting
pose a challenge to restructure the legal
environment of business.
Background II
Pressure for the reform of labour laws, labour
administration and labour judiciary has
mounted in the wake of challenges of
liberalization and globalization.
There are 51 central laws and more than 200
state laws creating problems of interpretation
and implementation. India is the highest
labour legislated country in the world.
Labour is in the concurrent list where both the
central & state Govt. can make laws.
Constitutional Provisions
regarding Labour Laws.
Arbitration
Adjudicatio
n.
Payment of wages.
in
currency
which
is
in
No overtime engagement.
Non-Cash Benefits
Leave with average pay for six Light work before delivery.
Two nursing breaks until the
weeks before delivery.
Leave with average pay for six
child attains the age of 15
weeks after delivery.
months.
Medical bonus if the employer No discharge, dismissal or
does not provide free medical
change in service conditions
care.
during the maternity leave.
Additional leave up to one
month in case of illness due to
premature birth or illness due
to pregnancy.
Six weeks leave with average
pay
from
the
date
of
miscarriage.
The Employees
Compensation Act, 1923. I
The purpose is to make the Employer an insurer of
the workman who sustains loss caused by injuries
or death.
Five conditions are important as follows to create
the employers liability to pay compensation :a) Personal injury to workman.
b) Injury to be caused by an accident.
c) Accident must arise out of and in course of
employment
d) Injury must result either in death of the workman
or in his total or partial disablement for a period
exceeding three days.
e) Contracting an occupational disease.
The Employees
Compensation Act, 1923. II
Disablement is of two types- Partial & Total.
Again, Partial Disablement is of two types :A. Temporary partial.
B. Permanent partial.
Arising out of suggests the cause of accident and
In course of employment points to the
circumstances, place and time of accident.
Notional extension of Employers Premises.
The Maximum compensation is paid where the
injury results in permanent total disablement which
is 60% of monthly wages X relevant factor or Rs.
1.40 lakhs whichever is more.
Questions?
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