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Labour law advisors offer expert guidance to both employers and employees on labour laws. They help manage issues related to employment rights, working conditions, contracts, and legal disputes. Their support ensures smooth compliance with all state and central labour regulations.
What is Labour Law?
Safeguard employee rights
Ensure fair workplace practices
Maintain health and safety standards
Regulate hiring, wages, and termination
Support collective bargaining and conflict resolution
Types of Labour Law
Contractual Labour Law: Regulates temporary or contract workers to ensure fair treatment and avoid exploitation.
Industrial Law: Covers structured industries, addressing wages, work hours, strikes, and lockouts.
Social Security Law: Offers benefits like provident fund, insurance, pensions, and maternity care.
Occupational Safety Law: Mandates safety rules to protect workers from job-related hazards.
Equal Opportunity Law: Bans workplace discrimination based on gender, caste, religion, or disability.
Child Labour Law: Bans child labour and safeguards children’s health, rights, and education.
Labour Law for Employees
Minimum Wage: Employees must be paid at least the notified minimum wage based on their skill and industry.
Work Hours: Limited to 9 hours daily and 48 hours weekly, with mandatory overtime pay.
Leave Benefits: Includes paid leave, sick leave, casual leave, and maternity leave for eligible employees.
Termination Process: Employers must follow lawful procedures, including notice and compensation.
Protection from Discrimination: Law prohibits bias based on caste, gender, religion, or disability.
Right to Unionise: Employees can form unions and negotiate collectively with employers.
Labour Law Compliances in India
Registration with Authorities: Firms must register under laws like the EPF Act, ESI Act, and Shops and Establishments Act.
Record Maintenance: Companies must maintain proper records of wages, attendance, leave, and work hours.
Regular Returns Filing: Returns must be submitted periodically to bodies like EPFO, ESIC, and local labour departments.
Statutory Benefits: Employers must provide PF, ESI, gratuity, maternity leave, and other legal entitlements.
Workplace Safety: Offices and factories must follow safety standards and ensure a healthy work environment.
Labour Codes in India
Code on Wages, 2019
Industrial Relations Code, 2020
Social Security Code, 2020
Occupational Safety, Health and Working Conditions Code, 2020
These aim to make labour laws more transparent, uniform, and business-friendly.
Labour Law in India
Labour laws shape employment rights and workplace conditions. They help protect workers, regulate employment terms, and promote fair practices between employers and staff.
Labour Law Amendments 2023 & Shram Suvidha
Social Security Code (Amendment), 2023: Increased ESI wage ceiling from ₹21,000 to ₹26,000/month.
Code on Wages (Amendment), 2023: Extended bonus eligibility to workers in retail and service sectors.
Industrial Relations Code (Amendment), 2023: Extended fixed-term employment from 1 year to 3 years in some sectors.
Other Changes: Laws like the Factories Act and Maternity Benefit Act were revised to ease compliance and boost worker benefits.
What is Shram Suvidha?
Shram Suvidha Portal is the Ministry of Labour’s official online platform. It offers a centralised system for:
Registration & Licensing: Establishments can register and obtain approvals under multiple labour laws.
Return Filing: Enables submission of compliance reports online.
Grievance Redressal: Workers can file complaints against violations and track resolution status.
Information Access: Employers and employees can get legal updates, circulars, and compliance guidelines.
Labour Legislation in India
Industrial Disputes Act, 1947
Factories Act, 1948
Minimum Wages Act, 1948
Payment of Wages Act, 1936
Payment of Gratuity Act, 1972
Employees’ State Insurance Act, 1948
Employees’ Provident Funds Act, 1952
Maternity Benefit Act, 1961
Trade Unions Act, 1926
Contract Labour Act, 1970
Equal Remuneration Act, 1976
Child Labour Act, 1986
Objectives of Labour Legislation
Protecting Workers' Rights
Promoting Industrial Peace
Ensuring Social Justice
Supporting Economic Development
Factors Influencing Labour Legislation in India
Constitutional Provisions: Labour rights are enshrined in the Constitution, such as the right to fair wages and unionisation.
International Conventions: India follows several ILO conventions that shape labour practices and compliance standards.
Economic Considerations: Labour reforms aim to protect employees while promoting ease of doing business.
Trade Agreements: Global trade deals often include labour conditions that influence local regulations.
Social and Political Advocacy: Unions and civil groups play a major role in pushing for reforms and policy updates.
Faqs on Labour Law Advisor
Employees are individuals hired by an employer to perform work under certain terms. They may be permanent, temporary, contract-based, or part-time, and are entitled to rights and benefits under applicable labour laws.
All businesses employing 10 or more workers generally fall under central or state labour laws. Compliance is mandatory for factories, shops, commercial establishments, IT firms, and service providers.
Section 23 of the Industrial Disputes Act, 1947, prohibits strikes and lockouts during ongoing conciliation or adjudication proceedings and for a specified time afterward.
Section 17 deals with the publication of awards under the Industrial Disputes Act. Once an award is passed by a tribunal, it must be published by the government within 30 days, after which it becomes enforceable.
Indian labour laws ensure:
Worker protection and welfare
Minimum wages and fair working hours
Prohibition of child labour
Maternity and gratuity benefits
Rights to form trade unions
Workplace safety and social security
The minimum salary varies by state, skill level, and industry. However, under the Code on Wages, 2019, the central government sets a national floor wage, and states are expected to align their rates accordingly.