Untitled Quiz

The body of laws, rulings, and precedents that govern the rights and restrictions of working individuals and organizations.

This branch of labour law focuses on the three-way relationship between employees, employers, and unions, covering topics such as union certification, labor-management interaction, collective bargaining, and unfair labor practices.

This branch of labour law focuses on the individual employee's rights at work and within the contract for work, including topics like working hours, minimum wage, unfair dismissal, and severance pay.

The industrial revolution, the desire for better conditions, and the right to organize by workers, and the employers' desire to control worker power and costs.

The ILO aimed to protect labour unions and facilitate post-war reconstruction following WWI. It was initially envisioned as an international parliament to legislate labor laws but ultimately adopted a recommendation-based approach with enforcement through the League of Nations. The ILO has evolved to become a key UN agency for global labor issues.

Labour legislation plays a critical role in establishing rules and procedures for productive employment relationships, fostering harmonious industrial relations, and guaranteeing fundamental principles and rights at work.

This legislation has provided a legal framework for the balance of power between labor and capital since its enactment in 1947, replacing the Trade Disputes Act of 1929 and establishing a tripartite conference for industrial peace and cooperation.

The Indian Constitution aims to protect the rights of citizens and guide the government's action towards social welfare. The Directive Principles emphasize securing the health and strength of workers, preventing child labor exploitation, ensuring just work conditions, and promoting worker participation in management. These principles are fundamental to the development of labor legislation.

The Constitution of India divides legislative power between the Union (Central) Government and State Governments. In the case of Labor, it is a concurrent subject, meaning both levels of government can enact and enforce legislation.

The Indian government seeks to attract investment, create new jobs, provide social security for unorganized workers, improve labor relations, and reform labor laws to address the needs of modern employment.

These laws govern the relationship between employers and employees, including aspects like hours of work, wages, social security, and workplace facilities.

India's labor legislation evolved from a colonial past, influenced by national leaders' visions, the Constitution's provisions, and international conventions. Core principles include the right to work, non-discrimination, prohibition of child labor, just work conditions, social security protection, and the right to organize and bargain collectively. National commissions and judicial decisions have further shaped these laws.

The ESI Act ensures employee benefits in cases of sickness, maternity, and employment injuries. It aims to achieve social-economic justice by providing basic security to workers, encompassing both those directly employed and those engaged through agencies.

The Act ensures training for technically qualified individuals in various trades. Its goal is to build a skilled workforce. The scheme even extends to engineers and diploma diploma holders.

Each employer is required to provide apprentices with practical training in their trade according to the act and its rules. Employers must ensure qualified instructors, facilities for trade tests, and compliance with apprentice-to-skilled worker ratios.

Apprentices are obligated to learn their trade diligently, attend classes regularly, follow employer instructions, and fulfill their contractual obligations.

An apprentice must satisfy minimum age requirements (14 years old), educational standards, and physical fitness guidelines.

The Act specifies the duration of training and the ratio of apprentices to skilled workers depending on the trade. This is determined by the National Council for Training in Vocational Trades.

Apprentices and employers enter into a legally binding contract of apprenticeship. This contract must be registered with the Apprenticeship Adviser. For minors, the guardian must also sign the agreement. The contract includes provisions for various types of leave.

Employer compensation to apprentices for their training is a contractual and legal obligation. The stipend paid must meet the prescribed minimum rate outlined in the contract. Apprentices cannot be paid based on piecework, nor can they participate in output bonus or incentive schemes.

The contract can be terminated when the training period ends, or either party can request termination based on failure to fulfill the terms of the contract. Penalties may apply for breaches of contract.

During training, apprentices are not considered 'workmen' according to the Act. This means they are excluded from labor law protections like bonus, pension, sick leave, and gratuity. However, they are subject to the Factories Act provisions regarding health and safety and are entitled to compensation if they are injured at work.

While employers are not obligated to hire apprentices after completion of training, it is generally expected that they give preference to qualified apprentices when hiring, especially when positions are similar. Age limits and other factors may be adjusted to accommodate their training.

Apprentices must take a proficiency test conducted by the National Council. Passing the test earns them a certificate that validates their training.

The Apprenticeship Adviser and Deputy Apprenticeship Advisers play a crucial role in supervising the apprenticeship program, enforcing the Act's provisions, and resolving disputes related to the training.

Disputes arising due to disagreements over the terms and conditions of the apprenticeship contract are handled by the Apprenticeship Adviser. Appeals can be made to the Apprenticeship Council.

The Apprentices Act outlines specific penalties for employers who violate its provisions, including engaging unqualified apprentices, failing to fulfill contract terms, or violating apprentice ratios. Fines and imprisonment are possible.

The ESI Act ensures benefits like medical care, sickness allowances, maternity benefits, and disability compensation for employees. Some benefits extend to their dependents as well.

The ESIC scheme was rolled out gradually across India, starting in 1952 with only two industrial centers. This phased implementation involved active collaboration between the central government and state authorities to ensure the program's success.