Labour Law II Notes | B.A. LL.B. (Five Years) Semester 6 | KSLU | munotes

Contents

Unit I

1. Labour and Industrial Law II: What This Paper Covers, and How to Read This Book 1
2. Labour Welfare and Social Welfare 4
3. Social Security and Its Constitutional Dimensions 8
4. The International Labour Organisation 14
5. The ILO's Influence on Indian Labour Legislation 22
6. From the Old Acts to the Codes: The History and Evolution of Social Security Law 30
7. Object and Salient Features of the Code 35
8. Definitions under the Social Security Code 44
9. Employees Compensation: The Key Concepts 54
10. Employer's Liability for Compensation 62
11. The Amount of Compensation 72
12. Review, Commutation and Distribution of Compensation 80
13. Notice, Claim and Medical Examination 88
14. Contracting, Strangers and Insolvency of the Employer 96
15. The Competent Authority and Appeals 104

Unit II

1. The Employees State Insurance Corporation 114
2. ESI Coverage and Contributions 121
3. The Six ESI Benefits 127
4. Employment Injury and Occupational Disease 136
5. ESI Enforcement and Schemes for Others 145
6. The Employees Insurance Court 151
7. The Right to Maternity Benefit 158
8. Medical Bonus, Miscarriage, Nursing Breaks and Creche 166
9. Protection of Employment During Maternity 171
10. Inspector-cum-Facilitators, Records and Wages 178

Unit III

1. Registration and Cancellation of an Establishment 185
2. The Social Security Organisations 189
3. Working of the Social Security Organisations 196
4. Employees Provident Fund: The Three Schemes 203
5. Provident Fund Contributions and Accounts 209
6. Assessment, Determination and Appeal 217
7. Damages and Recovery of Amounts Due 224
8. Offences and Penalties under the Social Security Code 231
9. Gratuity: Entitlement and Continuous Service 239
10. Gratuity: Nomination, Determination and Recovery 247
11. Rules, Overriding Effect and the Repeals 254

Unit IV

1. Object and Salient Features of the OSH Code 263
2. Definitions under the OSH Code 270
3. Registration of Establishments 278
4. Duties of the Employer 285
5. Duties of Designers, Manufacturers and Architects 291
6. Notices of Accidents, Dangerous Occurrences and Diseases 297
7. Duties and Rights of the Employee 303
8. The National and State OSH Advisory Boards 309
9. Safety and Health Standards, Research and Committees 314
10. The Employer's Responsibility for Health, Safety and Working Conditions 321
11. Welfare Facilities in the Establishment 326
12. Hours of Work, Holidays and Overtime 332
13. Night Shifts, Overlapping Shifts and Double Employment 339
14. Notice of Periods of Work and Annual Leave with Wages 344
15. Registers, Records and Returns 350
16. Inspector-cum-Facilitators: Appointment and Powers 355
17. Third Party Audit, Special Powers and Secrecy 361
18. Employment of Women under the OSH Code 369
19. Audio-Visual Workers 375
20. Factories: Approval, Licensing and the Occupier 383
21. Hazardous Processes and Dangerous Operations 393
22. The Right to Warn of Imminent Danger, and Appeals 404
23. General Penalties and Obstruction 412
24. Punishments for Contravention, Falsification and Disclosure 419
25. Accidents, Mines Offences and Offences by Companies 428
26. Limitation, Jurisdiction and Composition of Offences 440
27. The Social Security Fund under the OSH Code 451
28. The Social Security Fund, Aadhaar and Exemptions 457
29. Social Security for Unorganised Workers 464
30. Gig Workers and Platform Workers 470

Unit V

1. Contract Labour: Application and the Designated Authority 478
2. Licensing of Contractors 485
3. The Principal Employer's Liability 494
4. Prohibition of Contract Labour in Core Activities 501
5. Inter-State Migrant Workers 510
6. Helpline, Study and Past Liabilities 520
7. The Building and Construction Workers Cess 526
8. Building Workers as Beneficiaries and the Welfare Fund 532
9. Building and Other Construction Workers under the OSH Code 538
10. Rules, Regulations, Bye-laws and the OSH Repeals 546