Dear Fraternity, What is the difference between Assistant labour and Assistant labour (Enforcement) Please advice.
From India, Coimbatore
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From India, Coimbatore
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Presuming that you are referring to the Assistant Labour Commissioner (ALC), the ALC (Enforcement) is assigned a specialized function of enforcing the statutory provisions in one or more Acts, like the Payment of Wages Act 1936, Payment of Gratuity Act 1972, or the Payment of Bonus Act 1965, etc. He will not be dealing with other issues like trade union registration, conciliation, etc.
Please let me know if you need any further assistance or clarification.
From India, Mumbai
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1656Please let me know if you need any further assistance or clarification.
From India, Mumbai
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Dear friend,
The original functions of enforcement of labor laws and that of the resolution of industrial disputes are two distinct functions which should not be in the hands of the same authority to ensure the unbiased discharge of the functions. That's why there are two wings in the State Labor Departments and the Central as well, viz., conciliation and enforcement machinery as the subject of labor is in the Concurrent List of the Constitution of India.
In the States, the Conciliation wing starts from the Assistant Commissioner of labor (Conciliation) and ends up with the State Labor Commissioner, all are called Conciliation Officers under the Industrial Disputes Act, 1947. In addition, they act as quasi-judicial authorities or tribunals under certain labor laws like the Payment of Gratuity Act, 1972, Employees' Compensation Act, 1923, Payment of Wages Act, 1936, Minimum Wages Act, 1948, Appellate Authorities against discharge or dismissal under certain enactments like Beedi and Cigar Workers Act, State Shops and Establishments Acts, etc.
Industrial Disputes pertaining to establishments to which the Central Govt is the appropriate Govt under the Industrial Disputes Act, 1947, are handled by the Ministry of Labor, Govt of India through the Asst. Commissioners of labor (Central), Regional Commissioners of Labor, and Chief Labor Commissioner (Central).
On the other hand, the Enforcement wing comprises of Asst. Inspector, Deputy Inspector, and Asst. Commissioner of Labor (Enforcement) in the States. These officers enforce the various labor laws assigned to them like the State Shops and Establishment Acts, Minimum Wages Act, Payment of Wages Act, Plantation Labor Act, Contract labor (Regulation and abolition) Act, 1970, guide the employers in the matter of compliance and prosecute them in Court of Law for violations if any, as the situation demands. Similar are the duties of the inspectors under the Factories Act, 1948, and other allied labor laws in respect of factories, Building and Other Construction Workers Act.
The enforcement of the Employees State Insurance Act, 1948, the EPF Act, 1952, and the Mines Act are carried out exclusively by the designated Central Govt Departments. There are also separate Labor Enforcement Officers (Central) to enforce the labor laws in industries like Railways, Mines, Oil Fields, Telecommunications, etc., falling within the exclusive jurisdiction of the Central Govt.
From India, Salem
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The original functions of enforcement of labor laws and that of the resolution of industrial disputes are two distinct functions which should not be in the hands of the same authority to ensure the unbiased discharge of the functions. That's why there are two wings in the State Labor Departments and the Central as well, viz., conciliation and enforcement machinery as the subject of labor is in the Concurrent List of the Constitution of India.
In the States, the Conciliation wing starts from the Assistant Commissioner of labor (Conciliation) and ends up with the State Labor Commissioner, all are called Conciliation Officers under the Industrial Disputes Act, 1947. In addition, they act as quasi-judicial authorities or tribunals under certain labor laws like the Payment of Gratuity Act, 1972, Employees' Compensation Act, 1923, Payment of Wages Act, 1936, Minimum Wages Act, 1948, Appellate Authorities against discharge or dismissal under certain enactments like Beedi and Cigar Workers Act, State Shops and Establishments Acts, etc.
Industrial Disputes pertaining to establishments to which the Central Govt is the appropriate Govt under the Industrial Disputes Act, 1947, are handled by the Ministry of Labor, Govt of India through the Asst. Commissioners of labor (Central), Regional Commissioners of Labor, and Chief Labor Commissioner (Central).
On the other hand, the Enforcement wing comprises of Asst. Inspector, Deputy Inspector, and Asst. Commissioner of Labor (Enforcement) in the States. These officers enforce the various labor laws assigned to them like the State Shops and Establishment Acts, Minimum Wages Act, Payment of Wages Act, Plantation Labor Act, Contract labor (Regulation and abolition) Act, 1970, guide the employers in the matter of compliance and prosecute them in Court of Law for violations if any, as the situation demands. Similar are the duties of the inspectors under the Factories Act, 1948, and other allied labor laws in respect of factories, Building and Other Construction Workers Act.
The enforcement of the Employees State Insurance Act, 1948, the EPF Act, 1952, and the Mines Act are carried out exclusively by the designated Central Govt Departments. There are also separate Labor Enforcement Officers (Central) to enforce the labor laws in industries like Railways, Mines, Oil Fields, Telecommunications, etc., falling within the exclusive jurisdiction of the Central Govt.
From India, Salem
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