Constitution of India In the Constitution of India fromarticles19 1 c, 38, and A directly concern labour rights. Article 14 states everyone should be equal before the law, article 15 specifically says the state should not discriminate against citizens, and article 16 extends a right of "equality of opportunity" for employment or appointment under the state. Article 19 1 c gives everyone a specific right "to form associations or unions". Article 23 prohibits all trafficking and forced labour, while article 24 prohibits child labour under 14 years old in a factory, mine or "any other hazardous employment".
Protection of women under the labour laws Please Wait. But it is a harsh reality that women have been ill-treated in every society for ages and India is no exception. Women are deprived of economic resources and are dependent on men for their living.
From the cradle to grave, females are under the clutches of numerous evils such as discriminations, oppressions, violence, within the family, at the work places and in the society.
In order to improve the condition of women in India, Legislature enacted the large volume of enactments pertaining to industry or work which contain special provisions for women such as: Some of the Acts related to employment were enacted during British period as well as after independence.
The main objectives for passing these laws are to enable the women to Labour laws their efficiency, to increase their participation in useful services, to ensure their infant welfare and to provide equal pay for equal work.
The important labour legislations covering the women are: The Factories Act, The Factories Act is a part of labour welfare legislations wherein measures have been laid down to be adopted for the health, safety, welfare, working hours, leave and employment of young persons and women.
Exclusive provisions for women have also been incorporated in the Act keeping in view Labour laws soft and tender personalities. The Act provides for separate and adequately screened washing and bathing facilities for women. Under this Act, insured women workers get sickness benefit, disablement benefit, medical benefit and funeral expenses along with insured men workers.
However, in addition to these benefits, insured women workers also get maternity benefit in case of certain contingencies arising out of pregnancy, confinement, miscarriage, sickness arising out of pregnancy, premature birth of child or miscarriage and death.
The duration of maternity benefit available to insured women in case of confinement is 12 weeks, of which not more than 6 weeks shall precede the expected date if confinement.
The maternity benefit is paid subject to Labour laws condition that the insured women do not work for remuneration on the days in respect of which the benefit is paid, In the event of the death of an insured woman, the maternity benefit is payable to her nominee or legal representative for the whole period if the child survives, and if the child also dies, until the death of the child.
It facilitates both outpatient and in-patient care and freely dispenses medicines and covers hospitalization needs and costs. Leave certificates for health reasons are forwarded to the employer who is obliged to honour them.
Employment injury, including occupational disease is compensated according to a schedule of rates proportionate to the extent of injury and loss of earning capacity.
Despite the existence of tripartite bodies to supervise the running of the scheme, the entire project has fallen into disrepute due to corruption and inefficiency. Workers in need of genuine medical attention rarely approach this facility though they use it quite liberally to obtain medical leave.
There are interesting cases where workers have gone to court seeking exemption from the scheme in order to avail of better facilities available through collective bargaining.
The Maternity Benefit Act, Economic dependence of women is what gives rise to their subordination in society today. Hence to remove such subordination and lay the foundation of equality women too must be made economically independent and must take an active role in all sectors of business today.
Problem faced by women in the economic sphere of life are mostly relating to unequal wages and discrimination resulting from their biological role in nature of childbearing.
To curb such problems and protect the economic rights of women the legislature introduced the Equal Remuneration Act, and Maternity Benefit Act, A maternity benefit is one that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of average daily wages for the period of her actual absence.
The Maternity Benefit Act aims to regulate of employment of women in certain establishment for certain periods before and after childbirth and provides for maternity and certain benefits. Women who are employed, whether directly or through a contractor, have actually worked in the establishment for a period of at least 80 days during the 12 months are eligible to claim the benefits under this act.
Cash benefits to women who are absent from work during the maternity leave, are not be less than two-thirds of her previous earnings. Discharge or dismissal during maternity leave is considered to be void.
When pregnant women absents herself from work in accordance with the provision of this act, it shall be unlawful for her employer to discharge or dismiss her during, or on account of, such absence, or give notice of discharge or dismissal in such a day that notice will expire during such absence or vary to her disadvantage any of the conditions of her services.
Dismissal or discharge of a pregnant woman shall not disentitle her to the maternity benefit or medical bonus allowable under the act except if it was on some other ground. Failure to pay maternity benefits or discharge or unemployment of woman due to maternity will result in imprisonment of the employer for not less than three months which may extend to one year and a fine of rupees two hundred which may extend to five thousand.
The ongoing argument in some circles is that the wage differential between women and men is caused by the need to compensate the higher labour costs employers incur by hiring women, in accordance with special laws to protect maternity.
Employers prefer to hire a male instead of female, without the burden of these additional monetary costs. This is however not enough as many employers do not hire married women or dismiss them before pregnancy.
The act provides some protection to women economically especially today in an age where single mothers are becoming more prevalent it gives them stability in their lives to have their wages and the security of returning to a steady job.Labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations.
In its most comprehensive sense, the term includes social security and disability insurance as well. Unlike the laws of contract, tort, or property, the. PREFACE Labour laws constitute an essential component of Labour Policy in India aimed at imparting certain basic rights to workers as enshrined in our.
3 1. INTRODUCTION Labour law 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.
Department of Labour of South Africa is responsible for creating a conducive working environment, working conditions, basic conditions, minimum wages, compensation of occupational injuries, employment equity, labour relations and unemployment insurance.
iii EXECUTIVE PROGRAMME INDUSTRIAL, LABOUR AND GENERAL LAWS The labour laws derive their origin, authority and strength from the provisions of the Constitution of India.
Indian labour law refers to laws regulating labour in India. Traditionally, Indian governments at federal and state level have sought to ensure a high degree of protection for workers, but in practice, form of government and because labour is a subject in the concurrent list of the Indian Constitution.