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 organizations. It 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. In India , Labour laws are generally 4 types:1. Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement:- Ex The Employees’ State Insurance Act, 1948, The Employees’ Provident Fund and Miscellaneous Provisions Act,1952 2. Labour laws enacted by Central Government and enforced both by Central and State Governments:-Ex The Contract Labour (Regulation and Abolition) Act, 1970. The Equal Remuneration Act, 1976.
3. Labour laws enacted by Central Government and enforced by the State Governments:-Ex The Trade Unions Act, 1926 The Weekly Holidays Act, 1942. 4. Labour laws enforced by the State Governments:- In Maharashtra there are 54 labour laws under enforcement.(ANNEXURE A)
LABOUR LAWS IN MAHARASHTRA
In 2001, Maharashtra sought to amend some labour laws, mainly to attract investors to the state. Some changes like, that firms having up to 1,000 workers be allowed to close down without having to seek prior state government sanction, laws regarding working hrs. etc. were sought and approved by the centre. These amendments were criticized and were considered a step backward. However, The state government proposal for raising the limit on monthly emoluments from the existing Rs 1,600 to Rs 10,000 for offering legislative protection to employees is still pending sanction.
In 2008, MNS demanded 100% reservation in jobs for the locals. However, to neutralise MNS, the government passed a resolution(GR) that called for 80% of junior jobs for locals and 50% jobs in supervisory levels for locals in small scale industries to large units. The implementation of this would be overseen by District level commissioners. The reservation is not just for Marathis, but for all citizens who have resided in Maharashtra for more than 15 years and one needs a domicile certificate to prove that he is a Maharashtrian. However, this is met by stiff opposition from the industry.
BOMBAY SHOPS & ESTABLISHMENT ACT, 1948:- It is a Legislation to regulate the conditions of work in shops and commercial establishments has been in force in the State of Maharashtra for nearly 57 years. The Act is an improved version of The Shop Act, 1939, and has undergone several improvements since its enactment.
An employee in a shop or commercial establishment cannot be required or allowed to work for more than 9 hours in a day or 48 hours in a week.
Every shop or commercial establishment must remain closed on one day of the week and no deduction can be made from the wages of an employee in a shop or commercial establishment on account of any day on which it has remained so closed.
Different working hours have been provided in cases of pan-beedi shops, restaurants and theatres.
The Act also provides for restrictions of working hours, O.T. Benefits, Leave Benefits etc.
Acts 10,11,12 as per annexure A is implemented in Maharashtra has certain provisions that regulate the working of foreign nationals in Bollywood , the minimum wages to be paid to cine workers etc. This too is unique to Maharashtra due to Bollywood being based in Mumbai.
In 2013, as per the Maharashtra Domestic Workers Welfare Act,...
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