Labour & Industrial Relation Law

Labour law & Industrial Laws also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In other words, Labour law defines the rights and obligations as workers, union members and employers in the workplace.

Labour law covers: Industrial relations– certification of unions, labour-management relations, collective bargaining and unfair labour practices; Workplace health and safety; Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay.

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees’ rights at work and through the contract for work.

The Labour Legislations can be categorized as follows: (i) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. (ii) Labour laws enacted by Central Government and enforced both by Central and State Governments. (iii) Labour laws enacted by Central Government and enforced by the State Governments. (iv) Labour laws enacted and enforced by the various State Governments which apply to respective States.

We, at Hello Counsel, provide services in all laws and regulations related to labour and employment, industrial relations including enactments such as Industrial Dispute Act 1947, Trade Union Act 1926, Minimum Wages Act 1948, Payment of Wages Act 1936, Factories Act 1948, Payment of Bonus Act 1965, Equal Remuneration Act 1976, Payment of Gratuity Act 1972, Workmen’s Compensation Act 1923 etc. We represent various clients in Labour Court, Industrial Tribunals, Central Administrative Tribunal, Court of the Labour Commissioner, various High Courts and the Supreme Court.

                                                                                                                   Services rendered by Hello Counsel include the following amongst various others:-

• Advise on Employment laws, labour laws, industrial relations.

• Advice on Disciplinary proceedings, Employees Rights, Employment and service contracts, Labour disputes and Industrial actions, safety legislation, Provident fund, statutory benefits and trade disputes.

• Assist in complying with employment laws and labour laws.

• Assist in implementation, monitoring and enforcement of policies dealing with sexual harassment, discrimination, employee privacy and family and medical leave.

• Assist in wage and hour issues, collective bargaining, interpretation of work rules, grievances and industrial disputes under the labour laws.

• Assist in compliance with labour and tax implications of cross-border movement of executive level employees.

• Draft employment agreements, appointment letters, offer letters for consultants, termination agreements, non-competition agreements and non disclosure agreements concerning confidentiality, etc.

• Assist in design, implement and administer all types of employee benefits and executive compensation programs and pension plan and advice on all aspects of legislative, regulatory and fiscal requirements.

• Assist and represent our clients in disputes under employment laws relating to employment benefits, housing, group insurance (health, dental, life etc.), disability income protection, retirement benefits, social security, and other specialized benefits.

• Assist in managing the employment effects of major corporate restructurings and transactions and provide legal advice on employment and human capital issues that occur in major merger and acquisition activities, as well as post-acquisition integrations.

• Draft and conduct audits on trade secret protection issues.

• Draft Employment Standing Orders and advice on Employee Provident Fund (EPF) under the Employee Provident Fund Act, Gratuity Act, etc.

• Advice on EPF with respect to international workers.

• Draft legal notices on behalf of companies as well as employees with respect to employment.

• Represent clients in industrial relations matters such as strike, lockout, retrenchment, settlement, closure of establishment etc.; conditions of employment such as transfer, promotion, increment, industry-cum-region basis payment, bonus etc.; termination of service matters such as discharge simplicitor, dismissal by way of punishment etc.

• Represent clients in disciplinary matters with respect to dismissal on various charges of misconduct related to duty, discipline and moral e.g. absenteeism, go slow, riotous behavior, theft, moral turpitude, loss of confidence as well as drafting show cause notices, charge sheets, conducting inquiries, advising disciplinary action etc.

• Represent clients in Contract Labour Related such as claim of contract labour for regularization etc.

• Represent clients in respect of claims of wrongful discharge, discrimination, harassment and whistleblower actions.

We also draft original suits and petitions, interlocutory applications, criminal complaints, legal notices, consumer complaints and complaints relating to monopolistic and restrictive trade practices.

                                                                                                                                                       Vital Features Of Labour & Industrial Relation Law

• Apprenticeship

• Bonus- Payment of Bonus

• Building and Other Construction Workers- Regulation of Employment & Conditions of Service

• Closure

• Compensation- When An Employee Becomes Entitled

• Contract Labour- Regulation & Prohibition Of Employment Of Contract Labour.

• Dismissal

• ESI- Employees’ State Insurance

• Employer- What Are Their Liability

• Enquiry

• Factories

• Gratuity- Ceiling Limit

• Industrial Dispute Act Cases [ID Act]

• Industrial Licensing

• Insurance- Health, etc.

• Labour Court

• Labour Tribunal

• Lay Off

• Leaves & Holidays

• Lock Out

• Maternity Benefit

• Minimum Wages

• Payment Of Wages

• Provident Fund [PF]

• Retrenchment

• Standing Orders

• Sick Industrial Companies [SICA]

• Sick Leaves

• Standing Orders

• Stay And Injunction

• Strike,

• Termination

• Trade Unions

• Transfer

• Workforce

• Wages & Remuneration

                                                                                                                                                            Concerned Ministry/ies & Departments

• Ministry Of Labour & Employment, Govt. Of India

                                                                                                                                         Concerned Courts & Fora: Labour Law & Industrial Relations

In India, we have multiple Labour & Industrial Dispute Litigation Fora:

• Supreme Court Of India;

• High Courts Of Various States;

• Labour Court [LC];

• Labour Tribunal [LT];

• Labour Commissioner [LC]

• Assistant Labour Commissioner[ALC]

                                                                                                                                         Legislations Governing Labour & Industrial Relations In India

In India, we have multiple Labour & Industrial laws, which may be classified as follows: Legislations Governing the Industrial Relations; the Wages; the Working Hours, Conditions of Service and Employment; the Equality and Empowerment of Women; the Deprived and Disadvantaged Sections of the Society and the Social Security.

• Apprentices Act, 1961.

• Bonded Labour System (Abolition) Act, 1976

• Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

• Building and Other Construction Workers’ Welfare Cess Act, 1996.

• Child Labour (Prohibition & Regulation) Act, 1986

• Children (Pledging of Labour) Act, 1933

• Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981.

• Cine Workers Welfare Cess Act, 1981

• Cine Workers Welfare Fund Act, 1981

• Contract Labour (Regulation and Abolition) Act, 1970

• Dangerous Machines (Regulation) Act, 1983

• Dock Workers (Safety, Health & Welfare) Act, 1986.

• Dock Workers (Regulation of Employment) Act, 1948

• Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997

• Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

• Employee’s Compensation Act, 1923 [Earlier known as Workmen’s Compensation Act, 1923].

• Employees Provident Funds and Miscellaneous Provisions Act, 1952

• Employees’ State Insurance Act, 1948

• Employees’ State Insurance (Amendment) Act, 2010

• Employers Liability Act, 1938

• Equal Remuneration Act, 1976.

• Fatal Accidents Act, 1855

• Industrial Disputes Act, 1947 [ID Act

• Industrial Employment (Standing Orders) Act, 1946

• Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.

• Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976.

• Factories Act, 1948.

• Limestone and Dolomite Mines Labour Welfare Fund Act, 1972

• Maternity Benefit Act, 1961

• Merchant Shipping Act, 1958.

• Mica Mines Labour Welfare Fund Act, 1946

• Mines Act, 1952.

• Mines and Mineral (Development and Regulation Act, 1957.

• Minimum Wages Act, 1948

• Motor Transport Workers Act, 1961.

• Payment of Bonus Act, 1965

• Payment of Gratuity Act,1972

• Payment of Wages Act, 1936

• Payment of Wages (Procedure) Rules, 1937.

• Personal Injuries (Compensation Insurance) Act, 1963

• Personal Injuries (Emergency Provisions) Act, 1962.

• Private Security Agencies (Regulation) Act, 2005.

• Sales Promotion Employees Act, 1976.

• Sick Industrial Companies (Special Provisions) Act, 1985 [SICA]

• Trade Unions Act, 1926.

• Unorganised Workers’ Social Security Act, 2008.

• Weekly Holidays Act, 1942.

• Working Journalists (Fixation of Rates of Wages Act, 1958

• Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955.

                                                                                                                                                 Judgments & Citations: Labour & Industrial Relation Laws

• Employees State Insurance Act, 1948 [ESI Act].

• Industrial Disputes Act, 1947 [ID Act].

• Jurisdiction Of Labour Court.

• Payment Of Gratuity Act, 1972.

• Regularization.

                                                                                                                                                                Judgments & Citations: ESI Act, 1948

• Royal Western India Turf Club Ltd. Versus. E.S.I. Corporation & Ors Full PDF Judgment., Civil Appeal No.49 OF 2006, Judgment Dated: 29.02.2016, Bench: V. Gopala Gowda & Arun Mishra, JJ, Supreme Court Of India [Full PDF Judgment]- Issue, whether casual workers are covered under definition of employee as defined in Section 2(9) of the Employees State Insurance Act, 1948.- Held, the definition of the term “employee” in section 2(9) is wide enough to cover casual employees who are employed for part of wage period.

                                                                                                                                                    Judgments & Citations: Industrial Disputes Act, 1947

• Section-10. Reference of disputes to Boards, Courts or Tribunals.

• Section-25B. Definition of continuous service.

• Section-25F. Conditions precedent to retrenchment of workmen.

Judgments & Citations: Jurisdiction Of Labour Court

• Nandram Versus M/S Garware Polyster Ltd., Civil Appeal No. 1409 Of 2016, Judgment Dated: 16.02.2016, Bench: Kurian Joseph & Rohinton Fali Nariman, JJ, Supreme Court Of India [Full PDF Judgment]: issue, jurisdiction of the Labour Court- In the background of the factual matrix, the undisputed position is that the appellant was employed by the Company in Aurangabad, he was only transferred to Pondicherry, the decision to close down the unit at Pondicherry was taken by the Company at Aurangabad and consequent upon that decision only the appellant was terminated. Therefore, it cannot be said that there is no cause of action at all in Aurangabad. The decision to terminate the appellant having been taken at Aurangabad necessarily part of the cause of action has arisen at Aurangabad. We have no quarrel that Labour Court, Pondicherry is within its jurisdiction to consider the case of the appellant, since he has been terminated while he was working at Pondicherry. But that does not mean that Labour Court in Aurangabad within whose jurisdiction the Management is situated and where the Management has taken the decision to close down the unit at Pondicherry and pursuant to which the appellant was terminated from service also does not have the jurisdiction. In the facts of this case both the Labour Courts have the jurisdiction to deal with the matter.

                                                                                                                                                       Judgments & Citations: Regularization

• Indian Drugs & Pharmaceuticals Ltd. Versus Workman, Indian Drugs & Pharmaceuticals Ltd., Appeal (Civil) 4996 of 2006, Judgment Dated: 16.11.2006, Bench: S. B. Sinha & Markandey Katju, JJ, Supreme Court Of India [Full PDF Judgment]- Public Sector Undertaking [PSU]- Reference, “Whether the action of the employer in not regularizing 22 workmen and not granting them wage scales and other benefits given to the regular employees is unjustified and/or illegal”.

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