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LL-X09
PGDM-PT-2009-12: Term-VIII
LABOUR LAW
Prof. Subasha C Jena*
Objectives of the Course
·
To induct the students to the principles governing legal aspects of HR with special reference to the various legal concepts as applicable to the employees through a process of case analysis and reasoning covering almost all the important aspects of labour legislations.
·
To expose the students to a variety of situations those exist in the industrial establishment and to equip them with the necessary tools to deal the situations correctly and effectively.
·
To understand the legality of Employment Bond that HR managers are usually asking from their employees
·
To know application of Labour Laws to the manufacturing IT sectors
·
To understand the legal aspects of outsourcing
Course out lines
I) Laws relating to employment relations:-
II) Laws relating to compensation
III) Laws relating to welfare for employees.
IV) Laws relating to social security.
1. The Industrial Disputes Act, 1947
·
Application and o
bjective.
·
Definitions : Industry, industrial disputes, retrenchment, layoff, strike, lockout, closure, settlement etc.
·
Authorities under the Act : Conciliation officer, Board of Conciliation, Court of Inquiry, Labour Court, Industrial Tribunal, National Tribunal, Arbitrator
·
Reference, Discharge and Dismissal, Individual Disputes, Change of condition of service during the pendency, etc
·
Compensation for retrenchment, layoff, closure etc.
2. The Trade Unions Act, 1926
·
Application and o
bjective.
·
Constitution of India & Trade Unions
·
Trade Unionism in India : Emergence, history & growth
·
Size, affiliation, registration, recognition, leadership, membership, finance etc.
·
Politics & Implication
·
Immunity : Civil & Criminal
3. The Industrial Employment( standing orders) Act,1946
.
·
Application and o
bjective.
·
Definitions.
·
Model Standing order, Domestic enquiry, natural justice,
·
Punishment , reinstatement, subsistence allowance etc.
4. The Minimum wages Act, 1948s
·
Application and o
bjective
·
Types of wage: Minimum wage, Fair Wage, Living wage
·
Constitution of India & Living Wage
·
Supreme Court & Wage
·
Principle of Wage Fixation, wage board.
5. Payment of Wages Act, 1936
·
Application and o
bjective
·
Mode and periodicity of payment of wages
·
Authorized Deduction
·
Penalties for Delay Payment / Unauthorised Deduction
6. The Payment of Bonus Act, 1965
·
Application & objective
·
Definitions: Available surplus and allocable surplus
·
Payment of Minimum and maximum bonus
·
Set-on and set-off principle
·
Recovery and reference
·
Act not to apply certain classes of employees
7. The Equal Remuneration Act,1976.
·
Application and o
bjective
·
Definitions
·
Main provisions.
8. The Factories Act, 1948
·
Application and o
bjective
·
Definitions
·
Factory, Manufacturing Process, Occupier, Manager etc.
·
License and Inspectorate
·
Working Hours, overtime
·
Employment of Young Persons
·
Annual Leave with wages
9. The Contract Labour (Regulation & Abolition) Act, 1970
·
Application and o
bjective
·
Definitions
·
Contract Labour, Contractor, Workman, Principal Employer
·
Advisory Boards, Registration & Licensing of the Contractors
·
Implication of Section 10 of the Act :
·
Abolition vis-à-vis Absorption
·
Welfare & Health etc.
10. The Employees Provident Fund (MP) Act,1952.
·
Application and o
bjective
·
Definitions
·
Main provisions.
11. The Workmen’s Compensation Act, 1923
·
Application and o
bjective
·
Objective of the Act
·
Definitions: Workman, Partial disablement, Total disablement
·
Employer’s Liability for compensation, Amount of compensation
·
Occupational Diseases
12. The Payment of Gratuity Act, 1972
·
Application and o
bjective
·
Definitions
·
Completed year of service, continue service, retirement, superannuation, wages etc.
·
Payment of Gratuity & Penalties
13 The Maternity Benefit Act,1961.
·
Application and o
bjective
·
Definitions
·
Main provisions.
14. The Employees State Insurance Corporation Act,1948.
·
Application and o
bjective
·
Definitions
·
Main provisions.
15. Law relating to Sexual Harassment at work place
16. Employment Bond--- Legal Status
Created By:
Debasis Mohanty
on
08/29/2011
at
04:04 PM
Category
:
ExPGP-III
Doctype
:
Document
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