When it comes to the labour attorneys, the first thing to understand is labour laws. There are numerous legislations that lay the guidelines to be followed in an employment. Labour lawyers for employees follow such legislations to put the matter of conflict before the suitable court. The labour law advocates deal with matters like unpaid salary, unexplained salary deduction, lay off, sexual harassment at workplace, inhuman work environment, and so on.
The Constitution of India gives right to work to everyone under Article 21 of Constitution of India without any discrimination on the basis of race, caste, sex, etc. as assured by Article 15. Even protective rights are fundamental through right against exploitation under Article 23 and 24 granted to the people in India. Everyone has the right to work, earn and support themselves as well as their families. There are so many existing labour legislations in India that attempt to cover every facet of matters that are dealt with by labour lawyers.
The Government of India has proposed a new Labour Code for India which is yet to come into force. The proposed laws tend to ease the path of labour advocates and also protect the labourers indiscriminately and more efficiently. However, there are so many prevailing legislations that have crossed half a century when it comes to numbers.
In a country like India where the population is the highest in the world, it becomes almost unfeasible for the government to provide employment to everyone in the government sector. But regardless of the government or private sector, the law makers have made labour laws which help people share the podium and the affected to bring an action while protecting their rights. A labour advocate brings the matter before the court since a layman may not be that well-versed with the legal pointers. The laws that help labour lawyers in India to bring a matter effectively before the court of law are as follows:
Legislations Significant for Labour Lawyers
S. No. |
Labour Laws |
1 |
Trade Unions Act, 1926 |
2 |
Factories Act, 1948 |
3 |
Industrial Employment (Standing Orders) Act, 1946 |
4 |
Industrial Disputes Act, 1947 |
5 |
Employees State Insurance Act, 1948 |
6 |
Mines Act, 1952 |
7 |
Mica Mines Labour Welfare Fund Act, 1946 |
8 |
Iron Ore Mines, Manganese Ore Mines, and Chrome Ore Mines Labour Welfare (Cess) Act, 1976 |
9 |
Dangerous Machines (Regulation) Act, 1983 |
10 |
Merchant Shipping Act, 1958 |
11 |
Sales Promotion Employees (Conditions of Service) Act, 1976 |
12 |
Working Journalists and Other Newspaper Employees (Conditions of Services) and Miscellaneous Provisions Act, 1955 |
13 |
Payment of Wages Act, 1936 |
14 |
Minimum Wages Act, 1948 |
15 |
Payment of Bonus Act, 1965 |
16 |
Working Journalists (Fixation of Rates of Wages) Act, 1958 |
17 |
Plantations Labour Act, 1951 |
18 |
Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 |
19 |
Motor Transport Workers Act, 1961 |
20 |
Beedi and Cigar Workers (Conditions of Employment) Act, 1966 |
21 |
Beedi Workers Welfare Cess Act, 1976 |
22 |
Beedi Workers Welfare Fund Act, 1976 |
23 |
Mines and Minerals (Development and Regulation) Act, 1957 |
24 |
Iron Ore Mines, Manganese Ore Mines, and Chrome Ore Mines Labour Welfare Fund Act, 1976 |
25 |
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 |
26 |
Dock Workers (Safety, Health and Welfare) Act, 1986 |
27 |
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 |
28 |
Private Security Agencies (Regulation) Act, 2005 |
29 |
Maternity Benefit Act, 1961 |
30 |
Equal Remuneration Act, 1976 |
31 |
Dock Workers (Regulation of Employment) Act, 1948 |
32 |
Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 |
33 |
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 |
34 |
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 |
35 |
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
36 |
Apprentices Act, 1961 |
37 |
Bonded Labour System (Abolition) Act, 1976 |
38 |
Fatal Accidents Act, 1855 |
39 |
Payment of Gratuity Act, 1972 |
40 |
Unorganised Workers Social Security Act, 2008 |
41 |
Cine Workers Welfare Cess Act, 1981 |
42 |
Cine Workers Welfare Fund Act, 1981 |
43 |
Limestone and Dolomite Labour Welfare Fund Act, 1972 |
44 |
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 |
45 |
Employee’s Compensation Act, 1923 |
46 |
Personal Injuries (Compensation Insurance) Act, 1963 |
47 |
Personal Injuries (Emergency Provisions) Act, 1962 |
48 |
Employer’s Liability Act, 1938 |
49 |
Employees Provident Fund and Miscellaneous Provision Act, 1952 |
Q- How can I find labour lawyers near me?
A- It is better to find nearby labour attorneys as there will be less commutation issues and also better communication between the labour court advocates and their respective clients. They will also be well-versed with the local laws applicable in the area.
Q- What does a labour lawyer do?
A- Labour lawyers are responsible for bringing a case of conflict against a labourer or employee before the court of suitable jurisdiction. Labour lawyers for employees are experts with knowledge related to employee specific laws. Hence, consultation with labour attorneys may help with a better workplace.
Q- What are some examples of unfair labour practices?
A - Non-payment of minimum wages, non-payment of salary or unexplained deduction, unfair leave policy, labour exploitation are some of the various unfair labour practices. A professional verse to advocate labour law may help in such a situation.
Q- How do employee rights lawyers work?
A- The labour attorneys understand the case facts of labour who face unfair trade practices at the workplace. Such labour lawyers in India apply the existing laws to the conflict and bring the matter before the suitable court. Usually the labour courts or industrial tribunals decide on such matters.