What would happen if there were no laws prohibiting child labour? Factories and organisations would have more children than schools. Similarly, had there been no overtime payment rules, employers might be free to engage poor workers on a 24 hour basis. The two examples seem far fetched but they contribute to the various types of labour law in India. Explore what the law regarding labourers holds, how many types of labour law are there, and the importance of labour laws in India.
What is Labour Law?
The established rules and regulations which lay rights as well as responsibilities of workers in contrast with the employer constitute labour laws in India. When someone works for an organisation, there is a direction regarding the nature of work, timings, all contained in the employment contract. But what happens if the person is required to work after working hours in the contract? What should an employee do in case of termination from a job without any reasonable explanation? Will a pregnant woman have to choose one among motherhood and career?
Answers to these and many such employer-employee related issues are dealt with through the various types of labour laws in India. The idea is to establish a balanced relationship between employers and workers so that power does not concentrate with the financially strong.
What are Various Types of Labour Law in India?
The various kinds of labour laws may depend upon the basis of their classification. It depends upon who it applies to, and also based on what interests the law particularly upholds. If we focus upon the people who are being focused upon through the statute, the types of labour law may be divided into two:
Two Types of Labour Laws
- Collective Labour Law
- Individual Labour Law
Catching up on the first one, collective labour laws are those fixating upon the tripartite relationship between employee, employer and union. The provisions regulate the legality of strike, regulating industrial disputes, etc.
On the other hand, the individual labour laws, as the term suggests, focuses more upon the individual rights of employees in India. The examples may include legislations for social security of employees, against discrimination, etc.
Another classification of labour law in India may be done on the basis of the key areas regulated. Any worker should not be confined to working and getting money in return. There must be humane work conditions, he/ she should be compensated in case of injury while working, there must be equal pay for equal work. The variety of legislations targeting a particular issue through labour law bare acts have been categorised below:
Six Types of Labour Laws in India
Laws on Industrial Relations
- Industrial Disputes Act, 1947
- Trade Unions Act, 1926
- Industrial Employment Standing Order Act, 1946
Laws on Wages
- Minimum Wages Act
- Payment of Wages Act
- Payment of Bonus Act, 1965
- Working Journalists (Fixation of Rates of Wages Act, 1958
Laws on Employment Conditions
- Factories Act, 1948
- Plantation Labour Act, 1951
- Mines Act, 1952
- Merchant Shipping Act, 1958
- Motor Transport Workers Act, 1961
- Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955
- Private Security Agencies (Regulation) Act, 2005
- Plantation Labour Act, 1951
- Beedi & Cigar Workers (Conditions of Employment) Act, 1966
- Contract Labour (Regulation & Abolition) Act, 1970
- Mines and Mineral (Development and Regulation Act, 1957
- Sales Promotion Employees Act, 1976.
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
- Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
- Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
- Building and Other Construction Workers Welfare Cess Act, 1996
- Dock Workers (Safety, Health & Welfare) Act, 1986
- Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
- Dock Workers (Regulation of Employment) Act, 1948
- Dangerous Machines (Regulation) Act, 1983
- Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
Also read Labour Card Benefits in Unorganised Sector.
Laws on Equality
- Equal Remuneration Act, 1976
- Maternity Benefit Act, 1961
Laws for Disadvantaged Sections of Society
- Bonded Labour System (Abolition) Act, 1976
- Child Labour (Prohibition & Regulation) Act, 1986
- Children (Pledging of Labour) Act, 1933
Laws on Social Security
- Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
- Employees’ State Insurance Act, 1948
- Payment of Gratuity Act, 1972
- Workmen’s Compensation Act, 1923
- Unorganised Workers’ Social Security Act, 2008
- Personal Injuries (Emergency Provisions) Act, 1962
- Personal Injuries (Compensation Insurance) Act, 1963
- Employers’ Liability Act, 1938
- Beedi Workers Welfare Cess Act, 1976
- Beedi Workers Welfare Fund Act, 1976
- Mica Mines Labour Welfare Fund Act, 1946
- Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
- Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
- Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976
- Fatal Accidents Act, 1855
- Cine Workers Welfare Fund Act, 1981
- Cine workers Welfare Cess Act, 1981
Importance of Labour Laws
In order to make a living, some people run a private business, others work for those businesses. These businesses depend upon various other businesses for materials, goods, transportation, etc. On the other hand, a big factory manufacturing goods needs people to assemble materials, manage the machinery, transportation services as well. That’s how the economy works!!
If all these people run on their own whims and fancies, all the power will be concentrated with the rich, since a poor person needs to win bread and butter for his family on a daily basis. An illegal termination of employee may not be addressed if there is no rule in the employee’s favour. That is where the various types of labour laws hold a crucial podium. The laws mainly focus upon striking a balance between employers and employees so that money does not regulate the rights and interests. A Labour Law Bare Act may seem to be random papers containing black letters of law, but these letters give voice to poor labourers with the help of labour lawyers, keeping the integrity of an employer so that there is no injustice on any part. The balance makes one realise the importance of labour laws in the economy.
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