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LL-X07
PGDM-PT 2007-10 : Term VIII
LABOUR LAWS
Course Outline
Name of the Instructor:
Dr. P. K. Padhi,
Objectives of the Course
·
To induct the students to the principles governing industrial adjudication with special reference to the various legal concepts as applicable to the labour laws through a process of case analysis and reasoning covering almost all the important aspects of labour legislation.
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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.
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To understand the legality of Employment Bond that HR managers are usually asking from their employees
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To know application of Labour Laws to the IT sectors
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To understand the legal aspects of outsourcing
Course out lines
Wage laws:
(Basic philosophy, main provisions, calculation methods, reports & returns formats for practical application and penal provisions as applicable)
·
Minimum Wages Act
·
Payment of Wages Act
·
Payment of Bonus Act
Welfare laws:
(Basic philosophy, main provisions, calculation methods, reports & returns, formats for practical application and penal provisions as applicable)
·
Factories Act
·
Shops & Commercial establishment (State) Acts
·
Prohibition of Child labour Act
·
Provident Fund Act
·
Gratuity Act
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Workman's Compensation Act
·
Contact Labour (R&A) Act
IR laws:
·
Industrial Disputes Act
·
Trade Union Act
·
Industrial Employment Standing Orders Act.
1. The Industrial Disputes Act, 1947
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Objectives of the I D Act, 1947
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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
·
Constitution of India & Trade Unions
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Supreme Court & Trade Unions
·
Trade Unionism in India : Emergence, history & growth
·
Size, affiliation, registration, recognition, leadership, membership, finance etc.
·
Politics & Implication
·
Immunity : Civil & Criminal
3. The Minimum wages Act, 1948
·
Types of wage: Minimum wage, Fair Wage, Living wage
·
Constitution of India & Living Wage
·
Supreme Court & Wage
·
Principle of Wage Fixation & applicability
4. Payment of Wages Act, 1936
·
Mode and periodicity of payment of wages
·
Authorized Deduction
·
Penalties for Delay Payment / Unauthorised Deduction
5. The Workmen’s Compensation Act, 1923
·
Objective of the Act
·
Definitions : Workman, Partial disablement, Total disablement
·
Employer’s Liability for compensation, Amount of compensation
·
Supreme Court & Notional Extension
·
Occupational Diseases
6.The Payment of Gratuity Act, 1972
·
Application of the Act
·
Definitions: Completed year of service, continue service, retirement, superannuation, wages etc.
·
Payment of Gratuity & Penalties
7. The Payment of Bonus Act, 1965
·
Application of the Act
·
Definitions : Available surplus and allocable surplus
·
Payment of Minimum and maximum bonus
·
Set-on and set-off
·
Recovery and reference
·
Act not to apply certain classes of employees
8. The Factories Act, 1948
·
Definitions: Factory, Manufacturing Process, Occupier etc.
·
Working Hours
·
Employment of Young Persons
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Annual Leave with wages
9. The Contract Labour (Regulation & Abolition) Act, 1970
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Objects
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Definitions : Contract Labour, Contractor, Workman, Principal Employer
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Advisory Boards, Registration & Licensing of the Contractors
·
Implication of Section 10 of the Act :
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Abolition vis-à-vis Absorption
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Welfare & Health etc.
10. The Child Labour (Prohibition & Regulation) Act, 1986
§
Constitution of India & Child Labour
§
Apex Court & Child Labour
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Child Labour – Prohibition
§
Child Labour - Regulation
11. Law relating to Sexual Harassment at work place
12. Employment Bond--- Legal Status
Suggested Readings
Labour & Industrial Laws, by P. K. Padhi, PHI Publication
Taxmann’s Labour Laws
2nd National Labour Commission on Labour Law
Tentative Evaluation and Grading Pattern
Quiz [Individual/ Group]………..5 x 2 = 10 %
Class Participation ……………… …. 10 %
Assignment ………………. …. 10 %
Presentation …………………… 10 %
Mid –term [objective/ & subjective] ……… 20 %
End- term [objective/ & subjective] ……… 40 %
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100 %
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Created By:
Lingaraj Pattanaik
on
08/03/2009
at
12:23 PM
Category
:
ExPGP-III
Doctype
:
Document
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