Labour Law - II
Objectives:
The paper is to focus on wage policies, Wage Structure and concepts like
minimum wage, fair wage and living wage
The students are to be acquainted with Social Security Frame-work
prevailing in our Country. It is necessary to know the concept of social
security, its importance and also constitutional basis for the same in India.
The importance of ensuring the health, safety and welfare of the workmen
and social assistance and social Insurance Schemes under various
legislations are to be emphasised.
The main theme underlying the Programme is to critically examine the
provisions in the Factories Act,1948, E.S.I. Act, 1948, the Employee’s
Provident Fund Act,1952 are to be studied with a view to acquaint the
students with various rights and benefits available to the workmen under
the legislations.
UNIT: I Wages
Wage policies: Concept of ‘Wages’ – Theories of wages – Living wages, Fair
wage and Minimum wage.
Payment of Wages Act,1936 - Object and Purpose – Application of the Act –
Definition of Wages – Employers’ Obligations – Deduction from wages –
Inspectors, Authority, Appeals.
Minimum Wages Act, 1948: - Concept of Minimum wage – Fixation of minimum
rates of wages – Fixation and procedure – Advisory Board – Inspectors, powers
and claims – Exceptions and offences
UNIT: II
The Payment of Bonus Act, 1965: - Concept of “Bonus” – kinds of Bonus –
Application of Full Bench Formula – Eligibility and extent of Bonus – Concepts of
“Allocable Surplus”, ‘Available Surplus;, “Set-On and Set-Off’ – Forfeiture of
Bonus – Prior charges – Bonus Commission – Minimum Bonus – Maximum
Bonus.
Equal Remuneration Act, 1976 :- Duty of the Employer to pay equal remuneration
to men and women – prohibition of discrimination in recruitment or other
conditions of services – Advisory committee – Authorities for hearing and
deciding claims and complaints
UNIT: III Social Security
Concept, Evolution and Constituents of Social Security – Object of Social Security
Laws – Social security and Constitution - International Labour Organisation on
Social Security
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The Payment of Gratuity Act, 1972: - Concept of Gratuity – Eligibility for
Payment of Gratuity- Determination – Forfeiture – Exemption – Controlling
Authority – Penalties.
The Employee’s Provident Funds and Miscellaneous Provisions Act, 1982 - Scope
and Application of the Act – Definitions – Authorities – Their powers and
Functions – Principle of contribution – Provident Fund Schemes.
UNIT: IV Social Insurance
The Maternity Benefit Act, 1961 - Significance – Object and Application –
Eligibility and Maternity Benefits – Nature of claim – Prohibition against
dismissal, wage deduction – Powers and duties of Inspectors.
The Employees State Insurance Act, 1948 – Importance – Nature – Scope of the
Act – Definitions of “Seasonal Factory”, - E.S.I. Corporation – E.S.I. Funds –
Payment of Contributions – ESI Benefits – Adjudication of Disputes – ESI court –
Jurisdiction and Penalties.
UNIT: V Labour Welfare
The Factories Act, 1948 – Object & Scope – Definition of a Factory – Health,
Safety & Welfare measures –working Hours - Hazardous process – Restriction on
Employment of Women and Children – Annual Leave with wages - Offences and
Penalties.
Required Readings:
1. Prof. K. Madhavan Pillai, Labour and Industrial Laws, Allahabad Law
Agency,16th Edition, 2015
2. Srivastava. S.C (Suresh) – Industrial Relation and Labour Laws – Vikas
Publishing House Pvt Ltd., Noida
3. Dr. S.K. Puri, Labour and Industrial Laws (New Ed.)
4. S.N. Misra, Labour and Industrial Laws, Central law publications
5. V.G. Goswami, Labour and Industrial Laws, Central Law Agency
6. P.S.A. Pillai - Labour and Industrial Laws, Allahabad Law Agency
Additional Readings:
1. K.D. Srivastava, Payment of Bonus Act, Eastern Book Company, Lucknow
2. [Link], Commentaries on Payment of Wages Act, 1998, Eastern
Book Co., Lucknow
3. [Link], Commentaries on Minimum Wages Act, 1995, Eastern Book
Co., Lucknow
4. Khan & Kahan, Labour Law-Asia Law house, Hyderabad
5. S.C. Srivastava, Commentaries on factories Act, 1948, Universal Law
Publishing House, Delhi
6. H.L. Kumar -Labour Laws- Universal Laws Publishing Co. Pvt. Ltd., Delhi
7. H.L. Kumar – A Practical guide to factories Act, 1948 - Universal Laws
Publishing Co. Pvt. Ltd., Delhi
8. P. L. Malik – Labour and Industrial Laws - Eastern Book Co., Lucknow
9. H. K. Saharay, Text book on Labour and Industrial Relations, Universal
Law Publishing House, Delhi
10.N. D. Kapoor, Handbook of Industrial Law; Sultan Chand & Sons, New
Delhi
11.S.S. Gulshan & G.K. Kapoor, Economic, Labour and Industrial Laws -
Sultan Chand & Sons, New Delhi
Statutory Materials:
1) Payment of Wages Act, 1936
2) Minimum Wages Act, 1948
3) Payment of Bonus Act, 1965
4) Equal Renumeration Act, 1976
5) Payment of Gratuity Act, 1972
6) Employee’s Provident Funds and Miscellaneous Provisions Act, 1982
7) Maternity Benefit Act, 1961
8) Employees State Insurance Act, 1948
9) Factories Act, 1948
In addition to the existing above mentioned legislation students are instructed to
refer the relevance of Labour Code on Social Security in India
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