Please explain the labour laws and rules related to Govt./semi Govt organization
From India, Cuttack
From India, Cuttack
Dear Daizzy,
I am not sure what exactly you mean by Government/ Semi-Govt organization with reference to the applicability of Labor Laws.
Any activity analogous to industry undertaken by the Government be it Central or State or in partnership with private sector would be an activity to which all the Labor Laws would be equally applicable subject to exemptions, if any specifically provided in the respective law.
In fact, in certain land mark judgments on labor issues pertaining to public sector undertakings, the Supreme Court of India categorically laid down that the State shall strive to be a model employer.
Therefore, all Labor Laws are applicable to all undertakings of the Central/ State Governments like Govt. Corporations, Boards, Companies etc.
From India, Salem
5967I am not sure what exactly you mean by Government/ Semi-Govt organization with reference to the applicability of Labor Laws.
Any activity analogous to industry undertaken by the Government be it Central or State or in partnership with private sector would be an activity to which all the Labor Laws would be equally applicable subject to exemptions, if any specifically provided in the respective law.
In fact, in certain land mark judgments on labor issues pertaining to public sector undertakings, the Supreme Court of India categorically laid down that the State shall strive to be a model employer.
Therefore, all Labor Laws are applicable to all undertakings of the Central/ State Governments like Govt. Corporations, Boards, Companies etc.
From India, Salem
Dear Sir ,
Thank you for reply.
1. I want to ask Labour laws.
2. And rules related to Govt/semi Govt. organization .
3. Labour law of Government of Bihar.
4. Modified labour laws was implemented for 3 month in UP and Bihar. Is it in practice now or not?
Regards
Daizzy
From India, Cuttack
Thank you for reply.
1. I want to ask Labour laws.
2. And rules related to Govt/semi Govt. organization .
3. Labour law of Government of Bihar.
4. Modified labour laws was implemented for 3 month in UP and Bihar. Is it in practice now or not?
Regards
Daizzy
From India, Cuttack
Dear Daizzy,
The definition clarifies the applicability of Act enacted i.e. in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government] or in relation to an industrial dispute concerning.
Besides, the Central Govt and State Govt have framed different service rules for the employees engaged in offices of Govt. run departments other than the industrial establishments.
In fact, in certain land mark judgments on labor issues pertaining to public sector undertakings,
Therefore, all Labor Laws are applicable to all undertakings of the Central/ State Governments like Govt. Corporations, Boards, Companies etc.
From India, Mumbai
The definition clarifies the applicability of Act enacted i.e. in relation to any industrial dispute concerning any industry carried on by or under the authority of the Central Government, or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government] or in relation to an industrial dispute concerning.
Besides, the Central Govt and State Govt have framed different service rules for the employees engaged in offices of Govt. run departments other than the industrial establishments.
In fact, in certain land mark judgments on labor issues pertaining to public sector undertakings,
Therefore, all Labor Laws are applicable to all undertakings of the Central/ State Governments like Govt. Corporations, Boards, Companies etc.
From India, Mumbai
Dear Colleague,
" LABOUR" is a subject which is in the concurrent list under the Constitution of India. Hence Central Government as well as State Government may enact Laws as it is a common Subject. However you have to follow the Laws enacted by the " APPROPRIATE GOVERNMENT" which is defined under each such enactment by and large. For certain establishments, State will be the Appropriate Government and for certain establishments, the Central Government is the Appropriate Government.
As you mentioned Whether you are Part of Government established Public Sector or quasi Government etc are not clear. You may take a note of the fact that you need to check who is your Appropriate Government then to follow the respective Labour Laws made by State or Central Government.
UP and Bihar State Governments have list of Labour Laws enacted and they had brought in lot of reforms also in the implementation which you may go through in the Official Website of the respective State Governments' Labour Ministry Section
For your information the following Laws are made by Central Government which might be applicable depending on your Nature of Establishment/ Number of employees working and such other factors. May not be all but many will apply which you need to check internally from a good advisor in your location or from the Labour Department Officials/ Commissioners in the area where your factory is located.
List of Enactments in the Ministry of Labour (Central Labour Acts) Govt of India:
1. The Employees’ Compensation Act, 1923
- The Employees’ Compensation (Amendment) Act 2017
2. The Trade Unions Act, 1926
3. The Payment of Wages Act, 1936
- The Payment of Wages (Amendment) Act 2017
4. The Industrial Employment (Standing Orders) Act, 1946.
- Notification dated 07.10.2016 (Amendment to Schedule)
5. The Industrial Disputes Act, 1947
6. The Minimum Wages Act, 1948
7. The Employees’ State Insurance Act, 1948
8. The Factories Act, 1948
9, The Plantation Labour Act, 1951
10. The Mines Act, 1952
11. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
12. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
13. The Maternity Benefit Act, 1961
- The Maternity Benefit (Amendment) Act 2017
14. The Payment of Bonus Act, 1965
- The Payment of Bonus (Amendment) Act 2015
15.The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Payment of Gratuity Act, 1972
17. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
18. The Bonded Labour System (Abolition) Act, 1976
19. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
20. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
21. The Equal Remuneration Act, 1976
22. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
23. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
24. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
- The Amendment Act 2014
25. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
26. The Building and Other Construction Workers Welfare Cess Act, 1996
All the Best, God Bless,
Dr P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
" LABOUR" is a subject which is in the concurrent list under the Constitution of India. Hence Central Government as well as State Government may enact Laws as it is a common Subject. However you have to follow the Laws enacted by the " APPROPRIATE GOVERNMENT" which is defined under each such enactment by and large. For certain establishments, State will be the Appropriate Government and for certain establishments, the Central Government is the Appropriate Government.
As you mentioned Whether you are Part of Government established Public Sector or quasi Government etc are not clear. You may take a note of the fact that you need to check who is your Appropriate Government then to follow the respective Labour Laws made by State or Central Government.
UP and Bihar State Governments have list of Labour Laws enacted and they had brought in lot of reforms also in the implementation which you may go through in the Official Website of the respective State Governments' Labour Ministry Section
For your information the following Laws are made by Central Government which might be applicable depending on your Nature of Establishment/ Number of employees working and such other factors. May not be all but many will apply which you need to check internally from a good advisor in your location or from the Labour Department Officials/ Commissioners in the area where your factory is located.
List of Enactments in the Ministry of Labour (Central Labour Acts) Govt of India:
1. The Employees’ Compensation Act, 1923
- The Employees’ Compensation (Amendment) Act 2017
2. The Trade Unions Act, 1926
3. The Payment of Wages Act, 1936
- The Payment of Wages (Amendment) Act 2017
4. The Industrial Employment (Standing Orders) Act, 1946.
- Notification dated 07.10.2016 (Amendment to Schedule)
5. The Industrial Disputes Act, 1947
6. The Minimum Wages Act, 1948
7. The Employees’ State Insurance Act, 1948
8. The Factories Act, 1948
9, The Plantation Labour Act, 1951
10. The Mines Act, 1952
11. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
12. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
13. The Maternity Benefit Act, 1961
- The Maternity Benefit (Amendment) Act 2017
14. The Payment of Bonus Act, 1965
- The Payment of Bonus (Amendment) Act 2015
15.The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Payment of Gratuity Act, 1972
17. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
18. The Bonded Labour System (Abolition) Act, 1976
19. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
20. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976
21. The Equal Remuneration Act, 1976
22. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
23. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
24. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
- The Amendment Act 2014
25. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
26. The Building and Other Construction Workers Welfare Cess Act, 1996
All the Best, God Bless,
Dr P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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