Introduction to Labour and Industrial Laws II

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Description
The new version is also coinciding with the labour reforms in the form of introduction of four labour codes namely, the Code on Wages, 2019, Occupational Safety, Health, and Working Conditions Code, 2020, Code on Social Security, 2020 and the Industrial Relations Code, 2020. The codes were notified but not completely enforced while revising this volume. Sections 42, 67 and 69 of the Code on Wages were partially enforced on 18 December 2020 whereas Section 142 of the Code on Social Security came into force on 3 May 2021. Therefore, an introduction to the two codes relevant for this volume has been added as appendices to provide a window for students to understand new provisions and make comparisons wherever required.
The present volume has included the Apex Court judgments till 2022. About the Minimum Wages Act, 1948, the Court reiterated that it is a social welfare legislation to ensure and secure adequate living wage in public interest. The Act has not vested any power in the Government to make alterations in the terms of any contract. However, the Government has the power to fix or revise the minimum wages notwithstanding the contract. The teachers are held entitled to gratuity after the amendment to the Payment of Gratuity Act in 2009. In Birla Institute of Technology v State of Jharkhand, the Supreme Court held in 2019 that the law laid down in Ahmedabad (P) Primary Teachers Aneciation v Administrative Officer is no longer applicable to teachers. Directors of a company receiving remuneration were held to be employees for the purposes of the Employees State Insurance Act, 1948 and the company was directed to make contribution in relation to remuneration paid to them.
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Table of Contents
Part I The Equal Remuneration Act, 1976
Chapter 1. Preliminary.
Chapter 2. Payment Of Remuneration At Equal Rates To Men And Women Workers And Other Matters.
Part II The Minimum Wages Act, 1948
Chapter 3. Interpretation.
Chapter 4. Definitions.
Chapter 5. Fixing Of Minimum Rates Of Wages
Part III The Payment Of Wages Act, 1936
Chapter 6. History
Chapter 7. Definitions
Chapter 8. Provisions
Part IV The Payment Of Bonus Act, 1965
Chapter 9. Interpretation
Chapter 10. Definitions
Chapter 11. Working Of Bonus Formula
Chapter 12. Eligibility For Bonus
Part V. The Employees' State Insurance Act, 1948
Chapter 13. Preliminary.
Chapter 14. Administration Of The Act, Corporation, Standing Committee And Medical Benefit Council
Chapter 15. Finance And Audit
Chapter 16. Contributions
Chapter 17. Benefits
Chapter 18. General Provisions
Chapter 19. Adjudication Of Dispute And Claims.
Chapter 20. Penalties
Chapter 21. Miscellaneous
Part VI The Employees Provident Funds And Miscellaneous Provisions Act, 1952
Chapter 22. Application Of The Act.
Chapter 23. Definitions
Chapter 24. Establishment To Include All Departments And Branches.
Part VII The Payment Of Gratuity Act, 1972
Chapter 25. Interpretation
Part VIII The Maternity Benefit Act, 1961
Chapter 26. Introduction.
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Author Details
Dr. Avtar Sing: B.Com., LL.M., LLD. (Luck.),Vidya Bhushan (Hindi Sansthan, U.P.),
Ex Reader in Law, Lucknow University, Ex Professor of Business Laws,IIM, Lucknow
Dr. Harpreet Kaur: Asst. Professor IILM - Graduate School of Management,
Greater Noida