Laws for Private sector jobs
5 years ago
Why Labour laws are not applicable to private jobs like TCS and Infosys? Can file a case under labour laws against these companies?
ARPIT BATRA
Responded 5 years ago
A.Such laws not applicable in a few states.
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ROBERT D ROZARIO
Responded 5 years ago
A.no company can claim exemption from Industrial Disputes Act 1947 and IT companies are also governed by the same provisions as other industries. An employee, whose employment falls within the definition of the Workmen can take protection of the labour law. While for those whose employment is of managerial or supervisory nature, can approach the civil court under shops and establishment act of the their state. You can contact me for more on this.
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Rajender Prasad
Responded 5 years ago
A.THE FACTS GIVEN BUY YOU ARE NOT CLEAR. hOWEVER, FOR DETAILS PL. CONTACT SOMEADVOCATETHROUGH VIDHIKARYA.COM
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A.Dear Client,
Did the TCS of Infosys force you to join?
When you opted for either of them you had signed a Contract/Agreement
to work certain hours in a week at some cost.If you say No , X will come
and join.There are no labour laws in Free Trade Zones/Export Processing
Zones in India.Similarly I have not come across any Trade Union among the TCS
and Infosys employees.
Shanti Ranjan Behera
Advocate
Did the TCS of Infosys force you to join?
When you opted for either of them you had signed a Contract/Agreement
to work certain hours in a week at some cost.If you say No , X will come
and join.There are no labour laws in Free Trade Zones/Export Processing
Zones in India.Similarly I have not come across any Trade Union among the TCS
and Infosys employees.
Shanti Ranjan Behera
Advocate
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Rameshwar Dadhe
Responded 5 years ago
A.In which state sir ?
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A.LABOUR LAWS NOT APPLICABLE IN KARNATAKA AND OTHER STATES
Dear Sir,
Karnataka Government has renewed the blanket cover to IT Industries for a period of five years in 2013 from the provisions of The Industrial Employment (Standing Orders) Act 1946. The act requires employers to define and inform workers the terms and conditions of employment on their premises. Such an exemption is not available anywhere else in India. Also since labour laws apply to category of establishment, Factories Act is not applicable.
Apart from it , central government in order to boost Startups have exempted them from 9 labour laws for a period of 3 years. these laws are :
1. Industrial Disputes Act, 1947
2. Trade Unions Act, 1926
3. Building and Other Constructions Workers' (Regulation of Employment and Conditions of Service) Act,1996
4. Industrial Employment(Standing Orders) Act, 1946.
5. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979,
6. Payment of Gratuity Act, 1972,
7. Contract Labour (Regulation and Abolition) Act, 1970,
8. Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and
9. Employees' State Insurance Act, 1948.
For full procedure contact me on mobile through Vidhikarya.
HOWEVER YOU CAN MAKE USE OF SECTION 12 OF I.D. ACT.
Dear Sir,
Karnataka Government has renewed the blanket cover to IT Industries for a period of five years in 2013 from the provisions of The Industrial Employment (Standing Orders) Act 1946. The act requires employers to define and inform workers the terms and conditions of employment on their premises. Such an exemption is not available anywhere else in India. Also since labour laws apply to category of establishment, Factories Act is not applicable.
Apart from it , central government in order to boost Startups have exempted them from 9 labour laws for a period of 3 years. these laws are :
1. Industrial Disputes Act, 1947
2. Trade Unions Act, 1926
3. Building and Other Constructions Workers' (Regulation of Employment and Conditions of Service) Act,1996
4. Industrial Employment(Standing Orders) Act, 1946.
5. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979,
6. Payment of Gratuity Act, 1972,
7. Contract Labour (Regulation and Abolition) Act, 1970,
8. Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and
9. Employees' State Insurance Act, 1948.
For full procedure contact me on mobile through Vidhikarya.
HOWEVER YOU CAN MAKE USE OF SECTION 12 OF I.D. ACT.
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