Labour and Employment

THE INDUSTRIAL DISPUTES (AMENDMENT) BILL, 2009

  • It was introduced in the Rajya Sabha on 26th February 2009. It has following provisions:
  • Enhancement of wage ceiling of a workman working in a supervisory capacity from Rs.1600 rupees per month to Rs.10000 per month.
  • Direct access for workman to the Labour Court or Tribunal in case of disputes.
  • Expanding scope of qualifications of Presiding Officers of Labour Courts or Tribunals.
  • Establishment of Grievance Redressal Machinery in every industrial Establishment employing 20 or more workmen for resolution of disputes arising out of individual grievances.
  • Empowering the Labour Court or Tribunal to execute the awards, orders of settlements arrived at by Labour Court or Tribunals as a decree.
  • To empower government to make rules to decide and review salaries and allowances and other terms and conditions for appointment of presiding officers.
  • The Bill has since been passed by Both Houses of Parliament.

THE TRADE UNION ACT, 1926

  • The Trade Unions Act, 1926 provides for registration of trade unions of employers and workers in certain respects, it defines the law relating to registered trade unions.
  • It confers legal and corporate status on registered trade unions.
  • The Trade Union Act, 1926 is administered by the concerned State Governments.
  • The Trade Union Act, 1926 has been amended and the following amendments have been enforced from 9th January, 2002:
  • No trade union of workmen shall be registered unless at least 10% or 100 of the workmen employed in the establishment are the members of such trade union.
  • In no case, a union shall be registered without a minimum strength of 7 members.
  • A provision for filing an appeal before the industrial tribunal / labour court in case of non-registration / restoration of registration has been provided.
  • Not more than 1/3rd of the total number of office bearers or 5 shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected.
  • Minimum rate of subscription by members of the trade union has been revised as one rupee per annum for rural workers, three rupees per annum for workers in other unorganized sectors and 12 rupees per annum in all other cases.

THE PLANTATIONS LABOUR ACT, 1951

  • It provides for welfare of plantation labourers and regulates their conditions of work.
  • The Plantations Labour Act, 1951 has been amended and enforced from June 2010 with following provisions:
  • The definition of ‘worker’ has been enlarged by enhancing wage ceiling from Rs. 750/ to Rs. 10,000/- per month.
  • Contract workers who have worked for more than 60 days in a year have also been
  • Definition of ‘family’ has been made gender neutral.
  • A totally new Chapter (Chapter IV-A) has been incorporated to cover all aspects of safety and occupational health of workers working in the plantations.
  • The amended Act also prohibits employment of children below 14 years.
  • A new Section (Section 32-C) has been inserted to prescribe the manner in which compensation in case of accident shall be registered.