Labour Laws Notes | LL.B. (Three Years) Semester 6 | SPPU | munotes

Contents

Module 01 Introduction to Labour Laws and Constitutional Provisions

1. The Old Labour Acts, and the Codes That Replaced Them 1
2. Industrial Relations, the Industrial Revolution and the Laissez-faire State 5
3. The First and Second Industrial Revolutions, and Their Impact on Labour 13
4. The Evolution of Labour and Industrial Law in India 17
5. From the Old Acts to the Codes: The History and Evolution of Social Security Law 25
6. The Constitutional Framework of Industrial Relations, and the Move to the Labour Codes 30

Module 02 Code on Wages, 2019

1. The Code on Wages: Object, Application and Commencement 40
2. 'Wages', and the Definitions That Decide Every Calculation 48
3. Minimum Wages: Fixation, Components and the Floor Wage 58
4. Theories of Wages, and the Minimum, Fair and Living Wage 69
5. Payment of Wages: Mode, Period and Time Limit 74
6. Deductions From Wages 82
7. Payment of Bonus: Eligibility, Computation and Payment 93
8. Advisory Boards, Dues, Claims and the Inspector-cum-Facilitator 106
9. Offences and Penalties Under the Code on Wages 121
10. The Remaining Provisions of the Code on Wages 133

Module 03 Code on Social Security, 2020

1. Object and Salient Features of the Code 146
2. Social Security and Its Constitutional Dimensions 155
3. Definitions under the Social Security Code 161
4. Social Security for Unorganised Workers 171
5. Gig Workers and Platform Workers 177
6. The Social Security Organisations 185
7. Employees Provident Fund: The Three Schemes 192
8. Provident Fund Contributions and Accounts 198
9. The Employees State Insurance Corporation 206
10. ESI Coverage and Contributions 213
11. The ESI Scheme as a Beneficial Legislation 219
12. The Six ESI Benefits 222
13. The Employees Insurance Court 231
14. ESI Enforcement and Schemes for Others 238
15. Gratuity: Entitlement and Continuous Service 244
16. Gratuity: Nomination, Determination and Recovery 252
17. The Right to Maternity Benefit 259
18. Medical Bonus, Miscarriage, Nursing Breaks and Creche 267
19. Protection of Employment During Maternity 272
20. Employees Compensation: The Key Concepts 279
21. Employer's Liability for Compensation 287
22. Employment Injury and Occupational Disease 297
23. Notional Extension, Added Peril and the Landmark Judgments 306
24. Contracting, Strangers and Insolvency of the Employer 311
25. The Amount of Compensation 319
26. Notice, Claim and Medical Examination 327
27. Review, Commutation and Distribution of Compensation 335
28. The Building and Construction Workers Cess 343
29. Building Workers as Beneficiaries and the Welfare Fund 349
30. Registration and Cancellation of an Establishment 355
31. The Social Security Fund, Aadhaar and Exemptions 359
32. Employment Information and Monitoring 366

Module 04 Industrial Relations Code, 2020

1. The Code, and the Day the Law Changed 371
2. 'Industry': The Conceptual Analysis 378
3. 'Industrial Dispute', and the Individual Dispute 388
4. 'Workman' Under the Code: Worker, Employee and Employer 395
5. Standing Orders: What They Are and Who Must Have Them 405
6. Certifying, Appealing and Modifying Standing Orders 413
7. Disciplinary Action: Misconduct, Suspension and Punishment 425
8. The Domestic Enquiry 432
9. Unfair Labour Practices 439
10. Why Workers Combined: The Historical Reasons 450
11. The Legal Impediments: Conspiracy and Restraint of Trade 457
12. What a Trade Union Is: The Definition 466
13. The Registrar and the Criteria for Registration 474
14. Applying for Registration, and Cancellation 484
15. The Registered Trade Union as a Body Corporate 493
16. The Funds of a Trade Union, and the Political Fund 503
17. Recognition: The Negotiating Union and Negotiating Council 511
18. Collective Bargaining 521
19. Disputes, Change of Name, Amalgamation and Dissolution 531
20. Immunity from Civil Suit 541
21. Immunity from Criminal Conspiracy 551
22. Enforceability of Agreements, and Restraint of Trade 560
23. Bi-partite Forums: Works Committee and Grievance Redressal Committee 569
24. Notice of Change in Conditions of Service 578
25. Conciliation and Voluntary Arbitration 586
26. The Court of Inquiry, the Labour Court and the Machinery the Code Replaced 597
27. The Industrial Tribunal and the National Industrial Tribunal 604
28. Awards and Settlements: Powers, Form, Operation and Recovery 616
29. 'Strike': Concept, Legality and Justification 630
30. 'Lock-out': Concept, Legality and Justification 641
31. 'Lay-off' and the Right to Compensation 650
32. 'Retrenchment': Conditions Precedent and Procedure 662
33. Transfer of an Undertaking, and Closure 672
34. The Larger Establishments: Chapter X and the Three Hundred Threshold 683
35. The Worker Re-skilling Fund 693
36. Offences and Penalties Under the Code 700

Module 05 Occupational Safety, Health and Working Conditions Code, 2020

1. Object and Salient Features of the OSH Code 712
2. Definitions under the OSH Code 719
3. Registration of Establishments 727
4. The National and State OSH Advisory Boards 734
5. Duties of the Employer 739
6. Duties and Rights of the Employee 745
7. Welfare Facilities in the Establishment 751
8. The Social Security Fund under the OSH Code 757
9. The Employer's Responsibility for Health, Safety and Working Conditions 763
10. Hours of Work, Holidays and Overtime 768
11. Night Shifts, Overlapping Shifts and Double Employment 775
12. Notice of Periods of Work and Annual Leave with Wages 780
13. Employment of Women under the OSH Code 786
14. Children and Adolescents at Work: Prohibition and Hours 792
15. Contract Labour: Application and the Designated Authority 796
16. Licensing of Contractors 803
17. The Principal Employer's Liability 812
18. Prohibition of Contract Labour in Core Activities 819
19. Inter-State Migrant Workers 828
20. Factories: Approval, Licensing and the Occupier 838
21. Hazardous Processes and Dangerous Operations 848
22. Inspector-cum-Facilitators: Appointment and Powers 859
23. General Penalties and Obstruction 865
24. Punishments for Contravention, Falsification and Disclosure 872
25. Limitation, Jurisdiction and Composition of Offences 881

Module 06 Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

1. The MRTU and PULP Act 1971: Aims, Application and the Courts It Sets Up 892
2. Recognition of a Union under the MRTU and PULP Act 896
3. Obligations and Rights of the Recognised Union and Other Unions 900
4. Unfair Labour Practices and Illegal Strikes under the MRTU and PULP Act 903
5. Complaints of Unfair Labour Practices, the Powers of the Courts, and Offences 907