16 ,May 2022
Introduction:
There are a lot of statutes in India protecting the rights of both Employers and the employees, these laws not only talk about the rights but also the duties, liabilities and responsibility against each other. The employers and employees can only avail the benefits of these laws when they are aware of such statutes. In India we have ample acts preserving the labor’ slaw, in this article we will talk about a few statutes the purpose of which is to make the relationship between the two parties, transparent and clearer.
Here are a few acts governing Labor Laws in India to ensure the rights of the employers and employees are protected:-
1) The Factories Act, 1948- The Factories Act, 1948 was introduced seeing the pitiful conditions of the factory workers, they were initially made to work for long unending hours for the entire week in a very uncomfortable environment. This act assured that the workers of Indian Factories will work for maximum 48 hours in a week along with one weekly off. The act also assured proper workable environment.
2) The Workmen’s Compensation Act, 1923 – There was a dire need of this act since in India the workers in factories used to meet with accidents and incur injuries, sometimes recoverable and at times not recoverable and there was no statute to protect the rights of those workers. In 1923 The Workmen’s Compensation Act was introduced that assured proper compensation for workers who got injured in accidents.
3) The Employees Provident Fund Act, 1947 – The Employees Provident Fund Act is applicable to the commercial employees. This act preserves the rights of the employees and assures welfares like medical welfare, housing, retirement pension etc.
4) The Maternity Benefit Act, 1961- The Maternity Benefit Act was introduced in 1961 for the welfare of pregnant women. The act is applicable for all female employees who have been associated with the organization since last 80 days. Such women are entitled for maternity leaves, health care and several other benefits.
5) Minimum Wages Act – The Minimum Wages Act was enforced to determine the minimum wage an employee shall earn, The minimum wage shall be determined on many basic parameters, first of all it shall differ from state to state, secondly the skills, qualification, risk involved , position or designation and many other parameters.
6) Payment of Wages Act , 1936 – The payment of wages act insures that the employees get their hard earned monthly wages by 7th of every month. The employer is bound to release the salary of each employee in the first week of every month failing which he can be charged with an offence. This act safeguards the rights of the employees who were initially facing a lot of issues with the timely payment of their wages.
7) Equal Remuneration Act , 1976 – The Equal Remuneration Act was brought into force to support the female employees who faced biasness at workplace. If a female employee is paid less than a male employee at the same position and same experience or they face biasness based on colour or race, they can sue the employer under the equal remuneration Act, 1976.
8) Employees’ State Insurance Scheme – The Government of India started the Employees’ State Insurance Scheme that protects the employees if the employee faces any injury at workplace, maternity or any sickness. To understand better, Employees’ State Insurance Scheme acts as medical insurance and accidental insurance for the employees and their families.
9) Sexual Harassment of Women at Workplace Act - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act was enforced in the year 2013. According to this act if any employee faces harassment that includes physical contact and advances; making sexually coloured remarks; any other unwelcome physical, verbal or non-verbal conduct of sexual nature; showing pornography; or a demand or request for sexual favors, it is to be presented before a committee that is made dedicatedly for this purpose and the said complaint is to be enquired within 90 days of filing the complaint.
10) Industrial Dispute Act – Industrial Dispute Act came into force to protect the right of employees who leave the job or are terminated from job at any point of time. It ensures compensation for those who are terminated from job abruptly. This act also includes the procedure to be followed at the time of termination of job.
11) Gratuity Act – According to the Gratuity Act if you have spent more than five years in a company and decide to leave you are entitled for 15 days salary as gratuity for every year you have worked in the company. This Act is like a reward that the company pays for being loyal to the company.
12) Bonus Act, 1965 – The Bonus Act, 1965 entitles the employees for a statutory bonus of a minimum of 8.33% according to employees’ wage. Every employee having worked for more than 30 days in a year and fetching a minimum salary of 21000/- is liable for this Bonus.
Also read – Civil Law
These are a few laws/ statutes available for employers and employees in India. All these acts were introduced seeing the sensitivity in the relationship between the two parties. These laws are ever evolving according to the needs of the society. The legislative body of India ensures the protection of rights, duties, responsibility and liabilities of the employers and employees. These laws empower the employees and ensures that their rights are protected. It is therefore essential for both employers and employees to know these laws and indirectly know their rights and liabilities against each other.