24 Questions
What has been a constant issue between employers and employees?
Matters of wages, allowances, safety issues and other facilities
What was the government's role in minimizing employee-employer disputes?
Legislation
What does labour law govern?
All of the above
What are the two types of labour law?
Collective labour law and individual employment law
Why was the labour movement influential?
It was essential to social and economic development
What is the primary concern of collective labour law?
The tripartite relationship between employee, employer, and union
What has been the trend in employee-employer conflicts in the last fifty years?
Increase in strikes, lockouts, gheraos, and picketing
What is legislation?
A law-making body
According to Salmond, what is the source of law that consists in the declaration of legal rules?
Competent authority
What is the primary objective of social justice in industrial jurisprudence?
To ensure an equitable distribution of benefits among employers and employees
What is the primary focus of industrial acts, also known as labour legislation?
Regulating working conditions and wages
What is the role of labour legislation in achieving harmonious industrial relations?
Facilitating workplace democracy
What is the significance of involving stakeholders in the formulation of labour legislation?
It ensures that the legislation is responsive to the conditions on the labour market
What is the principle behind the government's power to modify or amend labour legislation?
Social equity
According to John Austin, what is the essential element of legislation?
Law-making or amending
What is the primary focus of the Workmen's Compensation Act, 1923?
Providing compensation to workers
What is the purpose of labour legislation in facilitating productive employment relationships?
Providing a framework for employer-employee interactions
What is the significance of the Minimum Wages Act, 1948?
It ensures a minimum wage for workers
What is the significance of labour legislation in establishing fundamental principles and rights at work?
Guaranteeing broad social acceptance
What is the purpose of the Factories Act, 1948?
To ensure the health and safety of workers
What is the relationship between labour legislation and national economy?
Labour legislation facilitates productive individual and collective employment relationships
What is the basis of labour legislation in response to changing circumstances?
Social equity
What is the definition of a legislative act?
An act that states what the future law will be
What is the outcome of involving stakeholders in social dialogues in the formulation of labour legislation?
A broad basis of support for labour legislation
Study Notes
Labour Law and Legislation
- Labour law, also known as employment law, is a body of laws that address the legal rights of and restrictions on working persons and their organizations.
- It facilitates the relationship between trade unions, employers, and employees, defining their rights and obligations in the workplace.
- Labour law covers various aspects, including:
- Industrial relations, certification of unions, labour-management relations, collective bargaining, and unfair labour practices.
- Employment standards, such as general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures, and severance pay.
- Workplace health and safety.
Types of Labour Law
- There are two major types of labour law:
- Collective labour law, which relates to the tripartite relationship between employees, employers, and unions.
- Individual labour law, which concerns employees' rights at work and through the contract for work.
Legislation
- Legislation is a law-making body, considered one of the most patent and sovereign sources of law-making.
- It has the power to enact laws and repeal old laws.
- The term "legislation" is derived from the Latin words "legis" meaning law and "latum" meaning to make, put, or set.
- There are two kinds of legislation:
- Supreme legislation.
- Subordinate legislation.
Historical Context
- Labour movements have been influential in the enactment of laws protecting labour rights in the 19th and 20th centuries.
- Since the industrial revolution, labour rights have been essential to social and economic development.
Definition of Legislation
- According to Salmond, legislation is the declaration of legal rules by a competent authority.
- According to John Austin, legislation includes activities that result in law making, amending, transforming, or inserting new provisions in the existing law.
- According to Holland, the making of general orders by judges is a form of legislation, but the term is commonly understood to refer to the actions of the Crown.
Purpose of Labour Legislation
- Labour legislation establishes a legal system that facilitates productive individual and collective employment relationships.
- It provides a framework for employers, workers, and their representatives to interact with regard to work-related issues.
- It serves as a vehicle for achieving harmonious industrial relations based on workplace democracy.
- It provides a clear and constant reminder of fundamental principles and rights at work.
Principles of Labour Legislation
- Social Justice: ensures an equitable distribution of benefits among employers and employees, and protects the health, safety, and welfare of workers.
- Examples of social justice legislation include the Workmen's Compensation Act, 1923, the Minimum Wages Act, 1948, and the Factories Act, 1947.
- Social Equity: provides for changing standards and laws to adapt to changing circumstances.
- The Government has the power to modify or amend laws to suit changing circumstances.
- General economic situation of the country is another principle on which labour legislation is based.
This quiz covers the basics of industrial relations, conflicts between employers and employees, and government interventions to resolve disputes.
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