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LL-II-Q11
PGDM-HRM 2011-13: Term-III
LABOUR LEGISLATION - II
Prof. E. M. Rao
Course Outline
1. TRADE UNIONS ACT 1926
- Objects – Definitions: registrar - trade dispute – workmen – trade union - Mode of registration – Powers of the Registrar – Registration – Certificate of Registration – Characteristics of a registered trade union – Membership – Cancellation of Registration – Appeal.
- Rights and Privileges of a registered trade union – Duties and liabilities of a registered trade union – Objects for which the general funds can be spent – Constitution of separate fund for political purposes - Immunity (Civil and Criminal) - Disqualifications for office bearers – Proportion of office bearers connected with the industry - Amalgamation – Dissolution.
2. INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946
- Objects – Scope and Application – Definitions: Appropriate Government – Certifying Officer – Appellate Authority – Employer – Procedure for certification – Appeal – Enforcement of Certified SOs - Model Standing Orders – Appeal.
- Date of operation of the SOs – Modification of SOs – Posting of the SOs – Effect of Certification of SOs – Payment of subsistence Allowance – Temporary Application of Model Standing Orders – Interpretation
- Content of the Model Standing Orders: Classification – Entry & Exit – Suspension of work – Leave and Holidays – Termination of Employment – Omissions and Commissions – Acts of Misconduct – Disciplinary Procedure – Hierarchy of punishments – Essential services – Wrongful exaction of work – Service Certificate.
3. PAYMENT OF BONUS ACT 1965
- Origin & History of the concept of Bonus – Full-Bench Formula – Bonus Commission - PBA,1965 – salient features – definitions - computation of gross profits, available surplus, sums deductible from gross profits & direct tax payable by the employer
- Eligibility and disqualification for bonus – minimum and maximum bonus – ceiling – computation of working days – set on and set off of allocable surplus
- Special provisions with respect to certain estts. Recovery of bonus from employer – miscellaneous provisions & penalities - Schedules to the Act
4. EPF & MP ACT 1952
- The concept of social security and provident fund – Application of the Act – definitions – contributions to provident fund – pension fund – deposit linked insurance – determination moneys due from employers – mode of recovery of moneys due from employers protection against attachment power to recover damages - power to exempt – transfer of accounts
5. INDUSTRIAL DISPUTES ACT 1947
- History of ID legislation prior to 1947 – Objects, scope and Application of the ID Act – Definitions: Appropriate Government – Award – Controlled Industry – Industry – Industrial Dispute – Closure – Layoff – Lockout – Retrenchment – Strike – Settlement – Wages – Workman
- Individual Dispute vs. Industrial Dispute – Works Committee – Conciliation – Arbitration – Adjudication – Labour Court – Industrial Tribunal – National Tribunal – Court of Enquiry – Notice of Change
- Reference of disputes - Powers of Labour Courts, etc. – Conciliation Proceedings – Settlement – Failure of conciliation – Award – Publication of Award – Enforcement of Award – Bipartite vs. Tripartite Settlements – Award of Adjudicators vs. Award of Arbitrators – Notice of Termination of Award/Settlement – Confidentiality.
- Prohibition of Strikes & Lockouts – Public Utility vs. Non-public Utility Services - Illegal strikes and Lockouts – Lay-off, Retrenchment – Termination due to Transfer and Closure of undertakings – Continuous service – Principle of “last come, first go” – Reemployment of retrenched workmen - special provisions in respect of undertakings employing 100 or more workmen – Restrictions imposed on layoff, retrenchment and closure – Unfair Labour Practices – Punishments.
- Restrictions imposed under S. 33 – Protected workmen – representation of parties – transfer of proceedings – Power to interpret a term of a settlement or award - Schedules I to V to the ID Act.
Method of Instruction:
Lecture sessions - Classroom presentations – Interactive sessions.
PATTERN OF EVALUATION
Class Presentation - - - - - 10
Mid-term (TUA, IESOA & PBA) - - - 40
End-term (IDA) - - - - - 40
Overall performance - - - - - 10
(interest displayed;
degree of participation vs. performance
in the mid-term & end-term
; ability to grasp finer points;
Analytical & reasoning ability)
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Total - - - - - - - 100
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Grading Pattern
80+ = A+ / 70+ = A / 60+ = B+ / 50+ = B / 45+ = C+ / 40 + = C / 35+ = D+ / 30+ = D / < 30 = F
References
1. Taxman’s Labour Laws
2. Rao, EM (2004),
“OP Malhotra’s The Law of Industrial Disputes”
, 6th ed., LexisNexis, New Delhi.
3. Labour Law Journals
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Created By:
Debasis Mohanty
on
12/08/2011
at
10:48 AM
Category
:
PGDM(HRM)-I
Doctype
:
Document
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