Employment and Labour

Employment and Labour
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Our Team
Advocate Abhimanyu Shandilya Best Labour Lawyer

Advocate Abhimanyu Shandilya

Advocate Prabhakara Shetty Best Labour Lawyer

Advocate Prabhakara S K Shetty

Advocate Shrikrushna Tambde Best Labour Lawyer

Advocate Shrikrushna Tambde

Advocate Adrian Phillips Best Labour Lawyer

Advocate Adrian Phillips

Advocate Noel D'Souza Best Labour Lawyer

Advocate Noel D'Souza

Advocate Surbhi Sharma Best Labour Lawyer

Advocate Surbhi Sharma

Advocate Meenakshi Periyahkaruppan Best Labour Lawyer

Advocate Meenakshi Periyahkaruppan

Advocate Mayur Khunti Best Labour Lawyer

Advocate Mayur D. Khunti

Advocate Abhradip Jha Best Labour Lawyer

Advocate Abhradip Jha

Advocate Jaswant Katariya Best Labour Lawyer

Advocate Jaswant Singh Katariya

Advocate Rhea Luthra Best Labour Lawyer

Advocate Rhea Luthra

Advocate Prithvi Raj Sikka Best Labour Lawyer

Advocate Prithvi Raj Sikka

Introduction to Labour Lawyers

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. 

Labour Lawyers and Laws in India

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.

Labour Law Legislations

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.