The Indian government should integrate all labor laws and come up with a single common workforce law for all industries, sectors, and enterprises, irrespective of enterprise size, gender, etc. There are more than 30 labor laws that need to be integrated into one common workforce law, i.e., the Indian Workforce Law.
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irrespective of Gender/Size of Establishment/Location Equal Remuneration Act, Maternity Benefit Act Please share your thoughts in integrating with specific reference to the above
From India, New Delhi
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From India, New Delhi
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Dear Friends,
As you are well aware, under the Constitution of India, Labour Law is a subject in the concurrent list where both the Central and State Govts are competent to enact legislations. As a result, a large number of labour laws have been enacted catering to different aspects like, occupational health, safety, employment, training of apprentices, fixation, review and revision of minimum wages, mode of payment, payment of compensation to workmen in accidents or causing death or disablement, bonded labour, contract labour, women labour and child labour, resolution and adjudication of industrial disputes, provision of social security such as provident fund, employees’ state insurance, gratuity, provision for payment of bonus etc.
Similarly there are different kind of status regarding registration of establishments/business entities like Factory, Shops, Traders, Contractor, Professional, Seasonal, Non Profit earning organizations etc.
The working culture and scenario is also different on basis of geographical status.
So, it is very difficult to integrate the different establishments and different people in a single pattern. But, the integration of various documents like registers/return in different labour laws is already in process. The Labour Office is issuing UIN (Unique Identification Number) of every organisation. Through the UIN we have to fill the data in a single format which will serve the purpose of different registers / documents.
Pls find attached a note (which I received from this site) on the same being issued from the Labor Office. Though I am unaware of the practical approach of the UIN for , but in long run it can be very useful for professionals (like us). This will reduce similar nature paper work of different acts in different forms.
From India, Delhi
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As you are well aware, under the Constitution of India, Labour Law is a subject in the concurrent list where both the Central and State Govts are competent to enact legislations. As a result, a large number of labour laws have been enacted catering to different aspects like, occupational health, safety, employment, training of apprentices, fixation, review and revision of minimum wages, mode of payment, payment of compensation to workmen in accidents or causing death or disablement, bonded labour, contract labour, women labour and child labour, resolution and adjudication of industrial disputes, provision of social security such as provident fund, employees’ state insurance, gratuity, provision for payment of bonus etc.
Similarly there are different kind of status regarding registration of establishments/business entities like Factory, Shops, Traders, Contractor, Professional, Seasonal, Non Profit earning organizations etc.
The working culture and scenario is also different on basis of geographical status.
So, it is very difficult to integrate the different establishments and different people in a single pattern. But, the integration of various documents like registers/return in different labour laws is already in process. The Labour Office is issuing UIN (Unique Identification Number) of every organisation. Through the UIN we have to fill the data in a single format which will serve the purpose of different registers / documents.
Pls find attached a note (which I received from this site) on the same being issued from the Labor Office. Though I am unaware of the practical approach of the UIN for , but in long run it can be very useful for professionals (like us). This will reduce similar nature paper work of different acts in different forms.
From India, Delhi
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In the early days of Mr. Modi's regime, I remember there was an attempt to repeal a few outdated acts and merge a few, such as the Payment of Wages Act and Minimum Wages Act, with a few other acts. I'm not sure what has been done on this front. It's always possible to merge/combine similar provisions contained in more than one act. Moreover, even acts in the concurrent list also have common provisions such as the Shops & Commercial Establishments Act, PT, Factories Act, etc., which could be consolidated into a single central act, leaving only the empowered state governments to enact schedules and rates applicable within the states. It's worth doing.
From India, Bangalore
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From India, Bangalore
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Why not have one common Act in India for working sections irrespective of the category of employment? We have the IT Act, Company's Act, EPF Act, ESI Act, MV Act, ID Act, Bonus Act, Maternity Act, Apprentice Act, etc.
V. Murali
From India, Madipakkam
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V. Murali
From India, Madipakkam
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It is correct that the Modi government tried to scrap, amend, and modify old acts and rules. The concerned Labour Ministry should take interest in this. A common or separate meeting of owners and workers' representatives is essential. Politicians are busy playing their games. Opposition parties, including the Leftists who are supposed to be experts or champions, are significant.
Regards
From India, Mumbai
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From India, Mumbai
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Yes, although the need for integrating all labor laws into a single labor code was felt long back, every successive government lacked the will. The National Commission of Labor, headed by the former Chief Justice of the Supreme Court, had submitted a wonderful report on this, which contained recommendations on integrating under categories like wages, industrial relations, social security, among other things. However, this and subsequent reports are gathering dust without any fruitful actions. The most irritating part in all labor laws is the widely different definitions of 'employee/workman' and 'wages', which has led to contradictory interpretations and numerous court cases. Hopefully, the Modi Government does something about it on a war footing.
Regards, V.L. Nagarkar
HR Consultant
From India, Mumbai
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Regards, V.L. Nagarkar
HR Consultant
From India, Mumbai
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Dear All,
It is true that both the Centre and the State can pass laws on labor. The conditions in different States differ, and there are difficulties. But after 70 years of Independence, we must all strive to simplify the labor-management relations. It is really complicated now because of the plethora of labor laws. We can consolidate laws in 4-5 ways.
Firstly, wages laws should include the Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, and Equal Remuneration Act.
Secondly, administrative laws should include the Factories Act, Shop Act, Mines Act, Plantations Act, Motor Transport Workers Act, Building and Construction Workers Act, Bonded Labor Act, Child Labor Act, and Private Security Guards Act.
Thirdly, relations laws should include the Industrial Disputes Act, Trade Unions Act, Standing Orders Act, Bombay Industrial Relations Act, MRTU Act, Contract Labor Act, and Employment Exchanges Act.
Fourthly, social security laws should include the ESI Act, PF Act, Employees' Compensation Act, Maternity Benefit Act, and Bombay Labor Welfare Fund Act.
We should also simplify the relationship. The one who works for another and for remuneration is a worker, may it be permanent, temporary, contract, managerial, supervisory, or anyone. The one who asks others to work for him and pays for the work done is an employer, may it be proprietary, partnership, limited company, government, NGO, or anyone. And finally, any dispute between the worker and employer must be settled or decided within 6 months, and the appeal within 3 months.
This will promote a bilateral relationship, matured relationship, an all-inclusive system, no subsidy, no government intervention on a large scale, and no caste system in the industry.
Vibhakar Ramtirthkar
9371001906
snehvibha@yahoo.com
From India, Pune
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It is true that both the Centre and the State can pass laws on labor. The conditions in different States differ, and there are difficulties. But after 70 years of Independence, we must all strive to simplify the labor-management relations. It is really complicated now because of the plethora of labor laws. We can consolidate laws in 4-5 ways.
Firstly, wages laws should include the Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, and Equal Remuneration Act.
Secondly, administrative laws should include the Factories Act, Shop Act, Mines Act, Plantations Act, Motor Transport Workers Act, Building and Construction Workers Act, Bonded Labor Act, Child Labor Act, and Private Security Guards Act.
Thirdly, relations laws should include the Industrial Disputes Act, Trade Unions Act, Standing Orders Act, Bombay Industrial Relations Act, MRTU Act, Contract Labor Act, and Employment Exchanges Act.
Fourthly, social security laws should include the ESI Act, PF Act, Employees' Compensation Act, Maternity Benefit Act, and Bombay Labor Welfare Fund Act.
We should also simplify the relationship. The one who works for another and for remuneration is a worker, may it be permanent, temporary, contract, managerial, supervisory, or anyone. The one who asks others to work for him and pays for the work done is an employer, may it be proprietary, partnership, limited company, government, NGO, or anyone. And finally, any dispute between the worker and employer must be settled or decided within 6 months, and the appeal within 3 months.
This will promote a bilateral relationship, matured relationship, an all-inclusive system, no subsidy, no government intervention on a large scale, and no caste system in the industry.
Vibhakar Ramtirthkar
9371001906
snehvibha@yahoo.com
From India, Pune
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Yes, it is true that labor is in the concurrent list, allowing both the Centre and states to enact laws on the subject of labor. Notwithstanding this, the labor laws can be combined to reduce the number. The Central Government seeks to bring various reforms in labor laws, and simplification and codification of laws is one among them. The Indian labor laws have become archaic and need to be rationalized to facilitate the process of 'Make in India' to gain momentum. Hope this will happen soon.
B. Saikumar
HR & Labor Law Advisor
Navi Mumbai
From India, Mumbai
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B. Saikumar
HR & Labor Law Advisor
Navi Mumbai
From India, Mumbai
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Dear all,
Our law is sufficient to safeguard for the labor/workman. However, greedy advocates and the system/procedure of the courts kill. A disabled workman is hankering for justice in the Delhi High Court for 26 years only and only due to unethical and greedy advocates. What to do? The need is to change the procedure. If one labor wins in the labor court, why in the High Court? Is the labor court decision not sufficient?
For only one court should be, and there should be no appeal. This is one of the protections for labor, and time-framed decisions are a must.
Thanks
From India, Delhi
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Our law is sufficient to safeguard for the labor/workman. However, greedy advocates and the system/procedure of the courts kill. A disabled workman is hankering for justice in the Delhi High Court for 26 years only and only due to unethical and greedy advocates. What to do? The need is to change the procedure. If one labor wins in the labor court, why in the High Court? Is the labor court decision not sufficient?
For only one court should be, and there should be no appeal. This is one of the protections for labor, and time-framed decisions are a must.
Thanks
From India, Delhi
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