equal employment and labour laws

8/3/2019 Equal Employment and Labour Laws

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Copyright 2011 Dorling Kindersley (India) Pvt. Ltd

Authorized adaptation from the United States edition of HumanResource Management, 12/e

Equal Opportunity and

the Law

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Labor legislation in IndiaLabor legislation in India

India has an elaborate labor legislationIndia has an elaborate labor legislation

framework, largely covering the organizedframework, largely covering the organized

sectorsector

The legislations are criticized for being too rigidThe legislations are criticized for being too rigid

and inflexibleand inflexible

The legislations are rooted in the constitution ofThe legislations are rooted in the constitution of

IndiaIndia

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Constitution of India and Labor LegislationConstitution of India and Labor Legislation

The constitution of India is rooted in the principles ofThe constitution of India is rooted in the principles ofdemocracy, socialism, and secularismdemocracy, socialism, and secularism

The specific provisions concerned with labor and workThe specific provisions concerned with labor and work

are found in the fundamental rights section and theare found in the fundamental rights section and the

directive principles of state policydirective principles of state policy

The constitution distributes the powers to handle laborThe constitution distributes the powers to handle labor

related legislations between and state legislaturesrelated legislations between and state legislatures

Separate constitutional provisions exist to regulateSeparate constitutional provisions exist to regulate

conditions of work of civil servants (governmentconditions of work of civil servants (government

employees)employees)

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(continued)(continued)

Fundamental RightsFundamental Rights

Article 14: Equality before lawArticle 14: Equality before law

Article 15b : Prohibition of discrimination onArticle 15b : Prohibition of discrimination on

grounds of religion, race, caste, sex, or place ofgrounds of religion, race, caste, sex, or place ofbirthbirth

Article 16: Equality of opportunity in matters ofArticle 16: Equality of opportunity in matters of

public employmentpublic employment

Article 17: Abolition of untouchabilityArticle 17: Abolition of untouchability

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(continued)(continued)

Right to FreedomRight to Freedom

Article 19 deals with the protection of certainArticle 19 deals with the protection of certain

rights regarding freedom of speech, etcrights regarding freedom of speech, etc

Right Against ExploitationRight Against Exploitation

Article 21 deals with the right to lifeArticle 21 deals with the right to life

Article 23 deals with the prohibition of traffickingArticle 23 deals with the prohibition of trafficking

of human beings and forced laborof human beings and forced laborArticle 24 deals with the prohibition ofArticle 24 deals with the prohibition of

employment of children in factoriesemployment of children in factories

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(Continued)(Continued)

Directive Principles of state policyDirective Principles of state policy

Article 38: State to secure a social order for theArticle 38: State to secure a social order for the

promotion of welfare of the peoplepromotion of welfare of the people

Article 39: Certain principles of policy to be followed byArticle 39: Certain principles of policy to be followed bythe statethe state

Article 41: right to work, to education and publicArticle 41: right to work, to education and public

assistance in certain cases.assistance in certain cases.

Article 42: Provision for just humane conditions of workArticle 42: Provision for just humane conditions of workand maternity reliefand maternity relief

Article 43: Living wage, etc, for workersArticle 43: Living wage, etc, for workers

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Article 43A: Participation of workers in management ofArticle 43A: Participation of workers in management of

industriesindustries

Article 45: Provision from free and compulsoryArticle 45: Provision from free and compulsory

education for childreneducation for children

Article 46: Promotion of educational and economicArticle 46: Promotion of educational and economic

interests of scheduled caste, schedules tribes and otherinterests of scheduled caste, schedules tribes and other

weaker sectionweaker section

Article 47: Duty of the state to raise the level of nutritionArticle 47: Duty of the state to raise the level of nutrition

and standard of living and to improve public healthand standard of living and to improve public health

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Articles affecting government employmentArticles affecting government employment

Article 309: Refers to recruitment and conditions ofArticle 309: Refers to recruitment and conditions of

service of people employed by government.service of people employed by government.

Article 310: Specifies the tenure of persons holdingArticle 310: Specifies the tenure of persons holding

office.office.

Article 311: Refers to dismissal, removal and demotionArticle 311: Refers to dismissal, removal and demotion

of government employeesof government employees

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Labor Jurisdiction for Central and StateLabor Jurisdiction for Central and State

governmentgovernment

Article 246 and the seventh schedule of theArticle 246 and the seventh schedule of the

constitution of India specify distribution ofconstitution of India specify distribution ofpowers (legislative) between the central andpowers (legislative) between the central and

state governmentstate government

Labor is placed in the concurrent List or List IIILabor is placed in the concurrent List or List III

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Authorized adaptation from the United States edition of HumanResource Management, 12/e 210

Laws related to Industrial RelationshipsLaws related to Industrial Relationships

The Trade Unions Act, 1926.

The Industrial Employment (Standing Orders) Act,

1946.

The Industrial Disputes (ID) Act, 1947.


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The Trade Unions Act, 1926

The act allows freedom for any seven employees toapply to register a trade union, but a later amendment

in 2001 specified the minimum membership as 10% of

the employees or 100 employees, whichever is less.

Trade unions are to be registered with the appropriate

government-appointed Registrar of Trade Unions.


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Industrial Employment (Standing Orders)

Act, 1946

The act formally defines conditions of employmentincluding recruitment, discharge, disciplinary action,working hours, holidays and leaves.

The act is applicable to industrial establishmentsunder the jurisdiction of central and state

governments. It serves to reduce conflict and communication

mechanism between management and labor.

Industrial Disputes (ID) Act, 1947

The act was formulated with the objective of having a machinery and procedure for theinvestigation and settlement of industrial disputesin place.


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Laws Related to Wages

The Payment of Wages Act, 1936The act ensures payment of wages on time.

The Minimum Wages Act, 1948

The act sets the framework for declaring the

minimum wages payable for occupations, both informal and the informal sectors.

It specifies the structure and procedure for fixing

and revising the minimum wages at regular

intervals.


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Laws Related to Working Hours,

Conditions of Services and Employment

The Factories Act, 1948The act safeguards the health, safety and welfare of

workers in establishments covered by the act.

The Shops and Commercial Establishments Act,

1961The act deals with work-related aspects of shops

and commercial establishments.

It prohibits employment of children, underage

people, and women during night hours.It lays down the procedure for dismissal, discharge,

and termination of employment.


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Laws Related to Equality and

Empowerment of Women

The Maternity Benefit Act, 1961It provides job security and support to pregnant

women.

The Equal Remuneration Act, 1976

The act prevents gender-based discrimination in

employment and wages.


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Laws Related to Social Security

Workmens Compensation Act, 1923The act provides compensation to employees in cases ofmishaps at work.

Employees State Insurance Act, 1948

The act provides relief to employees anddependents in cases of sickness or events thatprevent them from working.

Various benefits given to eligible employees are: Sickness benefit in cash

Maternity benefit in cash Disablement benefit in cash

Dependents benefit in cash

Funeral expenses in cash

Medical benefit as service and kind


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Laws Related to Social Security (Continued)

Employees Provident Funds And MiscellaneousProvisions Act, 1952

The act provides security to employees during

times of distress and old age.

Payment of Gratuity Act, 1972

The act provides for gratuity payment to all

employees at the prescribed rates, currently 15

days for every year of service.


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Guidelines for Handling Sexual

Harassment Complaints

The Supreme Court of India has given thefollowing guidelines for defining sexual

harassment of women:

Sexually determined behavior (whether directly or

by implication) Physical contact and advances

A demand or request for sexual favors

Sexually colored remarks

Showing pornography

Any other unwelcome physical, verbal or non-

verbal conduct of a sexual nature.


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Discriminatory Employment PracticesDiscriminatory Employment Practices

Selection

Educational

Requirements

Tests

Preference to Relatives

Height, Weight, and

Physical Characteristics

Arrest Records

Application Forms

Discharge Due toGarnishment

Recruitment

Word of Mouth

Misleading Information

Help Wanted Ads

Personal Appearance

Dress

Hair

Uniforms


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Diversity Management ProgramDiversity Management Program

1

2

3

4

5

Steps in a Diversity Management Program:

Assess the situation

Provide strong leadership

Provide diversity training and education

Change culture and management systems

Evaluate the diversity management program


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Is the Diversity Initiative Effective?Is the Diversity Initiative Effective?

Are there women and minorities reporting directly toAre there women and minorities reporting directly tosenior managers?senior managers?

Do women and minorities have a fair share of jobDo women and minorities have a fair share of job

assignments that are stepping stones to successfulassignments that are stepping stones to successful

careers in the company?careers in the company?

Do women and minorities have equal access toDo women and minorities have equal access to

international assignments?international assignments?

Are female and minority candidates in the companysAre female and minority candidates in the companys

career development pipeline?career development pipeline?

Are turnover rates for female and minority managersAre turnover rates for female and minority managers

the same or lower than those for white male managers?the same or lower than those for white male managers?


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Important Indian Labor LawsImportant Indian Labor Laws

Trade Unions Act, 1926

Industrial Employment (Standing Orders) Act, 1946

Industrial Disputes (ID) Act, 1947

Payment of Wages Act, 1936

Minimum Wages Act, 1948

Factories Act, 1948 Shops and Commercial Establishments Act, 1961

Maternity Benefit Act, 1961

Workmens Compensation Act, 1923

Employees State Insurance Act, 1948

Employees Provident Funds And Miscellaneous Provisions Act, 1952

Payment of Gratuity Act, 1972

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