Legum Baccalaureus (LLB) -PAPER-V: LABOUR LAW 3rd Semester Syllabus Short Notes
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PAPER – V
UNIT – 1
Concept of Labour
through the ages
1. Ancient Times:
Labor
has been an integral part of human societies since ancient times.
In
agrarian societies, labor was often tied to landownership and had a feudal
character.
2. Industrial Revolution:
The
18th and 19th centuries saw a significant shift with the Industrial Revolution.
Mass
production and factory work led to the emergence of modern labor relations.
3. Labor Rights Movements:
The
struggle for fair wages, reasonable working hours, and improved working
conditions gained momentum.
4. Modern Era:
Present-day
labor concepts encompass a wide range of employment types, from traditional
full-time jobs to the gig economy.
Trade Unions: History of
Trade Union Movement
Trade unions are organizations formed by workers to protect
their rights and interests. The history of the trade union movement can be
traced back to the Industrial Revolution when workers faced harsh conditions in
factories. The movement aimed to improve working conditions, secure better
wages, and establish workers' rights.
Key milestones in the history of the trade union movement
include:
1. Formation of Early Unions: Workers
began forming unions in the 18th and 19th centuries to address issues like long
working hours and unsafe conditions.
2. Labor Strikes: The 19th and early
20th centuries saw numerous labor strikes as a means for workers to demand
better conditions and fair treatment.
3. Legal Recognition: Over time, many
countries recognized the importance of trade unions and enacted laws to protect
the right to organize and engage in collective bargaining.
4. International Collaboration: Trade
unions began collaborating internationally, forming alliances to address global
labor issues.
The Trade unions
according to Industrial Relations code, 2020
The Industrial Relations Code, 2020 is part of the labor
reforms in India. It aims to consolidate and amend the laws relating to trade
unions, conditions of employment in industrial establishments, and
investigation and settlement of industrial disputes.
Key points in the Industrial Relations Code, 2020 include:
1. Recognition of Trade Unions: The Code
outlines the process for the recognition of trade unions and the rights and
responsibilities of recognized unions.
2.
Industrial
Disputes Resolution: It provides mechanisms for the resolution of industrial
disputes through negotiation, conciliation, and arbitration.
3.
Strikes
and Lockouts: The Code regulates the rights of workers to strike and the
conditions under which lockouts by employers are permitted.
4. Code of Conduct: It establishes a
code of conduct for employers, workers, and trade unions to promote harmonious
industrial relations.
Definitions-
Registration
Registration of a trade union involves the formal process of
getting the union officially recognized by the relevant labor or industrial
relations authority. Registration usually requires submission of certain
documents and adherence to specified criteria, ensuring the union's compliance
with legal standards.
Rights and Liabilities
Of Registered Trade Union Immunities
1. Rights:
Collective
Bargaining: Labor laws grant registered trade unions the right to engage in
collective bargaining on behalf of their members to negotiate terms of
employment.
Legal
Recognition: Registration provides legal recognition, enhancing the union's
standing in representing workers in industrial relations matters.
Immunities:
Depending on the jurisdiction, registered trade unions may enjoy certain legal
immunities during the course of their activities, protecting them from certain
liabilities.
2. Liabilities:
Compliance:
Registered trade unions must comply with labor laws, including provisions
related to internal governance, reporting, and financial transparency.
Financial
Disclosures: Some jurisdictions may require trade unions to disclose their
financial activities to ensure transparency and accountability.
3. Immunities:
Registered
trade unions may benefit from specific immunities, such as protection from
certain legal actions during lawful industrial actions like strikes. These
immunities are designed to facilitate the effective exercise of workers' rights
to collective action.
Amalgamation and
Dissolution of unions
Amalgamation: Labor laws typically address the process of
amalgamation, ensuring that the rights of members are protected and that the
resulting union continues to meet legal requirements.
Dissolution: Labor laws provide procedures for the voluntary
dissolution of trade unions, outlining the steps to be taken to wind up the
union's affairs while safeguarding the rights of its members.
Reorganization of Trade
Unions.
Labor laws may not explicitly address reorganization, but
they often provide mechanisms for amending union constitutions and bylaws.
Reorganization may involve changes in leadership, objectives, or other
structural aspects, and labor laws ensure that such changes adhere to legal
standards.
UNIT – 2
Prevention and
Settlement of Industrial Disputes in India
In India, the prevention and settlement of industrial
disputes are governed by the Industrial Disputes Act, 1947. The primary
objectives are to maintain industrial peace and harmony, provide mechanisms for
the fair and expeditious settlement of disputes, and protect the rights and
interests of both employers and employees.
Key points include:
1. Works Committee: The Act encourages
the establishment of Works Committees in establishments employing 100 or more
workers to facilitate communication and resolve disputes at the workplace
level.
2. Conciliation: When a dispute arises,
the government may appoint a Conciliation Officer to mediate between the
parties and assist in reaching a settlement.
3. Board of Conciliation: If
conciliation fails, a Board of Conciliation may be appointed to investigate and
settle the dispute.
4. Court of Inquiry: In more complex
disputes, the government may appoint a Court of Inquiry to inquire into the
matter and submit a report.
5. Arbitration: If the dispute remains
unresolved, it may be referred to arbitration, and the decision of the
arbitrator is binding on the parties.
6. Strike and Lockout: The Act lays down
rules regarding the legality of strikes and lockouts, imposing certain
restrictions to ensure they are undertaken only after exhausting the legal
processes.
The role of State in
Industrial Relations under new Industrial Relations Code 2020
The Industrial Relations Code, 2020, introduced several
changes to the industrial relations landscape in India. The role of the State
under this new code includes:
1. Recognition of Trade Unions: The code
provides for the recognition of trade unions, outlining the criteria and
process for recognition.
2. Industrial Standing Orders: It
empowers the appropriate government to set industrial standing orders, which
define the conditions of employment, including working hours, leave, and
disciplinary procedures.
3. Advisory Boards: The government may
establish advisory boards to advise on matters related to industrial relations,
including conditions of work, wage fixation, and other relevant issues.
4. Mediation and Grievance Redressal:
The code emphasizes the role of mediation in the resolution of disputes and
introduces a Grievance Redressal Committee to address individual grievances.
5. Strikes and Lockouts: The code
maintains provisions regarding the legality of strikes and lockouts, but it
introduces more stringent conditions, requiring a higher threshold for the
legality of a strike.
6. Settlements and Awards: The code
allows for the enforcement of settlements and awards through the Industrial
Tribunal, providing a legal framework for resolving disputes.
Definition of industry
In labor law, the term "industry" has a broad and
inclusive definition. The definition typically encompasses any systematic
activity organized by cooperation between employers and employees for the
production, supply, or distribution of goods or services. It can include not
only traditional manufacturing sectors but also services, trades, and other
forms of economic activity. The definition is purposefully wide to ensure that
various types of workplaces fall within the scope of industrial relations and
labor laws.
Industrial Dispute
An industrial dispute refers to a disagreement or conflict
between employers and employees, or between employees and employees, arising
out of employment relationships. This dispute can relate to various aspects of
employment, including terms and conditions of employment, wages, work hours,
promotions, layoffs, and other work-related issues. Industrial disputes can
take different forms, such as strikes, lockouts, or protests, and they often
involve collective action by workers or employers.
Individual Dispute
An individual dispute is a conflict or disagreement between
an individual worker and their employer. Unlike industrial disputes, which
involve collective issues affecting a group of workers, individual disputes are
specific to one employee. These disputes can arise from various issues,
including wrongful termination, discrimination, non-payment of wages, or
violation of employment contracts.
In the context of resolving individual disputes, labour laws
may provide mechanisms such as grievance procedures, conciliation, and, in some
cases, legal remedies through labour courts or employment tribunals. The
resolution of individual disputes is essential for maintaining a healthy
employer-employee relationship and ensuring fair treatment of workers.
Workmen special
provisions relating Lay Off
Lay-off refers to the temporary suspension of employment due
to reasons such as a lack of work, shortage of raw materials, or other economic
reasons.
Provisions may include:
Compensation: Labor laws may specify the conditions under
which employees are entitled to compensation during the period of lay-off.
Retrenchment
Definition:
Retrenchment involves the termination of employment by the
employer for reasons such as surplus manpower, closure of a unit, or
technological changes.
Provisions may include:
Notice Period: Laws often prescribe a notice period that
employers must provide before retrenchment.
Compensation: There may be provisions for the payment of
compensation to retrenched employees.
Closure
Definition:
Closure refers to the permanent discontinuance of the
business or closure of a particular unit or department.
Provisions may include:
Notice to Employees: Laws may require employers to provide
advance notice to employees before the closure.
Compensation: Provisions often exist for the payment of
compensation to affected employees in case of closure.
Award
Definition:
An award is a decision or judgment made by an authority, such
as a labor court or tribunal, to settle a dispute between employers and
employees.
Provisions may include:
Binding Nature: Awards are typically binding on the parties
involved.
Enforcement: Mechanisms for the enforcement of awards may be
outlined in labor laws.
Strike Lockout under
chapter X of the code.
Strikes:
Definition:
A strike is a concerted stoppage of work by a group of
workers to express dissatisfaction with certain aspects of their employment,
negotiate better conditions, or protest against perceived unfair treatment by
employers.
Provisions may include:
Legal Requirements: Labor laws often outline legal
requirements for conducting a strike, such as providing advance notice to the
employer or relevant authorities.
Prohibited Strikes: Certain types of strikes, such as wildcat
strikes or sympathy strikes, may be prohibited or restricted by law.
Lockouts:
Definition:
A lockout is the temporary closing of a workplace or the
suspension of work by an employer during a labor dispute, often as a response
to a strike.
Provisions may include:
Conditions for Legality: Labor laws typically specify
conditions under which a lockout is considered legal.
Notice Requirements: Employers may be required to provide
advance notice to employees or relevant authorities before initiating a
lockout.
UNIT - 3
Authorities under the ID
Code
Works Committee
Function: Works Committees are established at the workplace
level to facilitate communication and harmonious relations between employers
and workers.
Composition: Typically, a Works Committee consists of
representatives from both the employer and the workers.
Conciliation
Function: Conciliation is a process where a neutral third
party (Conciliation Officer) assists the parties in reaching an amicable
settlement to the dispute.
Role of Conciliation Officer: The Conciliation Officer
facilitates negotiations, investigates the matter, and helps the parties find a
resolution.
Limitation to raise
dispute
Time Limit: Labor laws often impose a limitation period
within which a dispute must be raised after it arises.
Importance: The limitation period encourages prompt
resolution of disputes and helps maintain industrial peace.
Court Of inquiry
Function: A Court of Inquiry is a formal body appointed by
the government to investigate and report on an industrial dispute.
Composition: The court typically consists of independent
experts or persons with relevant expertise.
Recommendations: The court's findings and recommendations can
guide further action, including legal proceedings or the formulation of
policies to prevent future disputes.
Tribunals
A tribunal is a quasi-judicial body that adjudicates disputes
and makes decisions in specific areas of law.
Powers and Functions:
Adjudication: Tribunals have the authority to adjudicate on
matters within their jurisdiction, often providing an alternative dispute
resolution mechanism outside the traditional court system.
Decision-Making: They can make legally binding decisions,
orders, or awards based on the evidence presented.
Powers and Functions of
Authorities
Labor Authorities:
Adjudication: Authorities, such as labor departments or labor
boards, may have adjudicative powers to resolve certain types of disputes
between employers and employees.
Enforcement: They may have the authority to enforce
compliance with labor laws, including the payment of wages and adherence to
working conditions.
Voluntary Arbitration
Definition:
Voluntary arbitration involves the resolution of disputes
between parties through the intervention of an arbitrator or a panel of
arbitrators.
Powers and Functions:
Impartial Decision-Making: Arbitrators act as neutral third
parties, rendering decisions based on the evidence and arguments presented by
the parties involved.
Binding Nature: Arbitration awards are typically binding on
the parties, providing a final resolution to the dispute.
Alteration of conditions
of service
Definition:
Alteration of conditions of service refers to making changes
to the terms and conditions of employment for workers.
Powers and Functions:
Negotiation: Changes to conditions of service may occur
through negotiations between employers and employee representatives, such as
trade unions.
Legal Framework: The alteration of conditions of service may
be subject to legal regulations, and certain changes may require approval from
labor authorities or compliance with specific procedures outlined in labor
laws.
Management rights of
action during pendency of proceedings
Pendency of Proceedings:
Refers to the time when legal or administrative proceedings
are ongoing, such as in the case of a dispute between an employer and
employees.
Management Rights:
Employers typically have certain rights to manage and operate
their businesses. These rights can include making decisions related to hiring,
termination, work assignments, and other aspects of the employment
relationship.
Actions During Pendency:
The rights of management during the pendency of proceedings
may be subject to legal restrictions or obligations outlined in labor laws.
Some legal systems may restrict certain managerial actions
during ongoing proceedings to ensure fair treatment and prevent retaliation
against employees involved in disputes.
Recovery of money due
from employer
Unpaid Wages or Benefits:
Employees have the right to recover money due to them, such
as unpaid wages, bonuses, or other benefits.
Legal Procedures:
Labor laws often provide mechanisms for employees to pursue
legal action to recover money owed to them by their employers.
Unfair labour practices
Definition:
Unfair labor practices refer to actions by employers or trade
unions that are considered improper, discriminatory, or contrary to the
principles of good faith in labor relations.
Examples:
Examples of unfair labor practices may include discrimination
against employees for participating in union activities, interference with the
formation of unions, or failure to bargain in good faith.
Legal Consequences:
Labor laws typically outline the consequences for engaging in
unfair labor practices, which may include penalties, fines, or other remedies.
miscellaneous provisions
of the Code
Catch-All Provisions:
This generally refers to sections or articles in a legal code
that cover various matters not specifically addressed in other parts of the
code.
Flexibility:
Miscellaneous provisions often provide flexibility for
addressing new issues, emerging trends, or unforeseen circumstances.
UNIT – 4
Standing Orders
Standing Orders are a set of rules and regulations that
define the terms and conditions of employment within an organization. These
rules provide clarity on various aspects of employment, such as working hours,
holidays, leave policies, disciplinary procedures, and other essential
conditions. The concept and nature of standing orders, the certification
process, and their operation and binding effect are fundamental components of
industrial relations in many jurisdictions.
concept and Nature of
Standing Orders
Concept:
Standing Orders are essentially a code of conduct within an
organization that governs the relationship between the employer and employees.
They are intended to bring uniformity and clarity in the
terms and conditions of employment and to regulate the conduct of employees.
Nature:
Standing Orders may cover a wide range of matters, including
working hours, leave policies, holidays, disciplinary actions, termination
procedures, and grievance redressal mechanisms.
They are often specific to each establishment and are
typically tailored to suit the specific nature of the industry or organization.
Certification process
1. Drafting:
The
employer is responsible for drafting the standing orders, often in consultation
with the employees or their representatives.
2. Submission:
The
draft standing orders are then submitted to the appropriate labor or industrial
relations authority for review.
3. Examination:
The
authority examines the draft to ensure that it complies with legal requirements
and is fair and reasonable.
4. Modifications:
The
authority may suggest modifications or corrections to the draft, and the
employer may need to make necessary changes.
5. Certification:
Once
satisfied, the authority certifies the standing orders, and they become legally
enforceable.
its operation and
binding effect
1. Legal Enforceability:
Certified standing orders are legally binding on both the
employer and employees.
They form part of the employment contract and are enforceable
under labor laws.
2.
Application:
The standing orders apply to all employees in the
establishment and are intended to ensure consistency in the application of
employment policies.
3.
Disciplinary
Actions:
Disciplinary actions specified in the standing orders, such
as warnings or termination procedures, must be followed in accordance with the
established rules.
4.
Grievance
Redressal:
The standing orders often outline the procedures for
addressing employee grievances, providing a formal process for dispute
resolution.
5.
Change
Management:
Any changes to the standing orders typically require a similar
certification process to ensure fairness and compliance with labor laws.
modification and
Temporary application of Model standing Orders
Modification:
Employers may seek to modify the standard model standing
orders to suit the specific requirements and nature of their industry or
establishment.
The modification process often involves consultation with
employees or their representatives and approval from the appropriate labor
authority.
Temporary Application:
In certain situations, such as during an emergency or
unforeseen circumstances, temporary modifications or application of specific
standing orders may be allowed.
This might involve adapting working hours, leave policies, or
other conditions for a temporary period to address specific challenges.
Interpretation and enforcement
of Standing Orders
Interpretation:
Clear provisions are generally included in labor laws or the
Industrial Relations Code to facilitate the interpretation of standing orders.
In case of ambiguity, the designated authorities or courts
may provide interpretations based on legal principles and the intent of the
standing orders.
Enforcement:
Enforcement mechanisms are typically outlined in labor laws
to ensure compliance with standing orders.
Violations of standing orders may lead to disciplinary
actions, as specified in the standing orders, and may also result in legal
consequences.
provisions contained in
the Industrial relations Code 2020.
the Industrial Relations Code 2020 aimed to consolidate and
amend the laws relating to trade unions, conditions of employment in industrial
establishments, and investigation and settlement of industrial disputes.
Specific provisions related to standing orders may include:
Model Standing Orders:
The code might provide a framework for the formulation and
certification of model standing orders applicable across industries.
Modification Process:
The code may outline the process for modification of standing
orders and the conditions under which modifications can be made.
Temporary Application:
Provisions for temporary application of modified standing
orders or specific conditions during emergencies or unforeseen situations may
be included.
Interpretation and Enforcement:
Mechanisms for the interpretation and enforcement of standing
orders, including dispute resolution procedures, might be specified.
UNIT - 5
Disciplinary proceedings
in Industries
Due Process:
Disciplinary proceedings typically follow a due process to
ensure fairness and transparency.
The employee is usually informed of the alleged misconduct
and given an opportunity to respond.
Investigation:
Employers often conduct an investigation into the alleged
misconduct to gather relevant facts and evidence.
The investigation may involve interviews, examination of
documents, or other relevant procedures.
Disciplinary Actions:
Depending on the severity of the misconduct, disciplinary
actions can range from verbal warnings to written warnings, suspension, or
termination.
Employee Representation:
In some jurisdictions, employees may have the right to be
represented during disciplinary proceedings, often by a colleague or a union
representative.
Documentation:
Proper documentation of the entire disciplinary process is
crucial to support the employer's decision and to address any legal challenges
that may arise.
Termination of
employment
Grounds for Termination:
Termination of employment can occur for various reasons,
including poor performance, violation of company policies, redundancy, or other
justifiable reasons.
Notice Period:
Many jurisdictions require employers to provide employees
with advance notice of termination or payment in lieu of notice. The notice
period often depends on the length of the employee's service.
Severance Pay:
In some cases, employers may be required to provide severance
pay, especially when termination is due to factors beyond the employee's
control (e.g., restructuring).
Just Cause:
Termination for just cause, such as serious misconduct or a
breach of employment contract, may not require a notice period.
Exit Interviews:
Some employers conduct exit interviews to gather feedback
from departing employees and to ensure a smooth transition.
the notice thereof to be
given by employer and workers.
Employer's Notice:
Employers are generally required to provide a notice period
before terminating an employee's contract.
The length of the notice period may be determined by
employment contracts, collective agreements, or labor laws.
Employee's Notice:
Similarly, employees are often required to provide notice to
their employers before resigning from their positions.
The notice period may vary based on employment contracts and
applicable laws.
Payment in Lieu:
In lieu of notice, employers may be allowed to provide
payment equivalent to the salary the employee would have earned during the
notice period.
Suspension or dismissal for misconduct,
Misconduct:
Misconduct refers to improper behavior or actions by an
employee that violate workplace rules, policies, or standards of conduct.
Grounds for Suspension or Dismissal:
Employers may suspend or dismiss an employee for serious
misconduct, such as theft, fraud, harassment, insubordination, or other
offenses specified in employment contracts or workplace policies.
Due Process:
Employers typically need to follow due process when taking
disciplinary actions. This may include conducting an investigation, providing
the employee with an opportunity to respond to allegations, and ensuring
fairness throughout the proceedings.
Disciplinary Actions:
Depending on the severity of the misconduct, disciplinary
actions may range from verbal warnings and written warnings to suspension or
dismissal.
acts or omissions which
constitute misconduct
Examples of Misconduct:
Misconduct can include actions such as theft, dishonesty,
harassment, violation of safety rules, insubordination, or any behavior that
undermines the employer-employee relationship.
Policy and Contractual Violations:
Acts or omissions that violate employment contracts,
workplace policies, or legal regulations can be considered misconduct.
Means of redress for
workers against unfair treatment or wrongful executions by the employer or his
agents or servants.
Grievance Procedures:
Many workplaces have established grievance procedures that
allow employees to formally raise concerns about unfair treatment or alleged
wrongful actions.
Trade Union Representation:
Workers who are members of trade unions may seek assistance
and representation from their union in addressing workplace grievances.
Labor Arbitration or Mediation:
In some cases, labor laws or collective agreements may
provide for arbitration or mediation to resolve disputes between employers and
employees.
Labor Courts or Employment Tribunals:
In jurisdictions with dedicated labor courts or employment
tribunals, workers may have the option to file complaints against unfair
treatment or wrongful actions by their employers.
Legal Actions:
In extreme cases, employees may pursue legal action against
their employers for wrongful dismissal or unfair treatment. This could include
claims for compensation or reinstatement.
Legal
Protections:
Anti-Retaliation
Laws:
Legal
protections often exist to prevent employers from retaliating against employees
who exercise their rights or file complaints.
Anti-Discrimination
Laws:
Laws against
discrimination protect employees from unfair treatment based on characteristics
such as race, gender, religion, or disability.
------------------------------ XXX-----------------------------------
DOWNLOAD SYLLABUS SHORT NOTES PDF of LABOUR LAW:
DOWNLOAD - Labour Law-1 syllabus short notes (revised on 29-01-2024)
DOWNLOAD - Labour Law-1 IMP Q&A (revised on 02-02-2024)
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P-II: Public International Law
P-III: Interpretation of Statutes
P-V: Intellectual Property Law
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Note: Some of the short notes are intended for a basic understanding of the subject topics. For a more in-depth understanding, please refer to the textbooks.
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