4th Semester LLB Unitary - Labour And Industrial Laws II - Notes, Question Papers and Syllabus
Labour And Industrial Laws II
Subject shall be taught by incorporating the recent developments.
Unit I
Law Relating To Wages And Bonus: Theories of wages: marginal productivity, subsistence, wage fund, supply and demand, residual claimant, standard of living --- Concepts of wages: minimum wage, fair wage, living wage, need-based minimum wage --- Constitutional provisions --- Minimum Wages Act, 1948: Objectives and constitutional validity of the Act --- Procedure for fixation and revision of minimum rates of wages --- Payment of Wages Act, 1936: Regulation of payment of wages --- Authorized deductions – Payment of Bonus Act: Bonus --- Its historical background, present position and exemptions.
Unit II
Social Security Against Employment Injury And Other Contingencies: Concept and development of social security measures – Employers liability to pay compensation for employment injury – Employees’ Compensation Act, 1923 – Concept of ‘accident arising out of’ and ‘in the course of the employment’ – Doctrine of notional extension and doctrine of added peril – Total and partial disablement – Quantum and method of distribution of compensation – Employees State Insurance Act, 1948 – Benefits provided under the Act – Employees State Insurance Fund and contributions – Machinery for the implementation of the Act - ESI Court and appeal to High Court.
Unit III
Law Relating To Retirement Benefits: Employees Provident Fund and Miscellaneous Provisions Act, 1952 – Family Pension Scheme 1971 and Employees Pension Scheme 1995 – The changing rules regarding Employees Provident Fund and Pension Schemes – Payment of Gratuity Act, 1972 – Concept of gratuity – Eligibility for payment of gratuity – Determination of gratuity – Forfeiture of gratuity.
Unit IV
Law Relating To Labour Welfare: Philosophy of labour welfare – Historical development of labour welfare legislations – Health, safety and welfare measures under the Factories Act, 1948 – Welfare of women and child – Protective provisions under Equal Remuneration Act – Protective provisions under the Maternity Benefits Act – Contract labour: Problems of contract labour – Process of contractualisation of labour -- Contract Labour (Regulation and Abolition) Act, 1970 – Controversy regarding abolition of contract labour – Landmark cases.
Unit V
Law Relating To Workers Of Unorganized Sector: Problem of definition and identification – Unorganized Sector Workers’ Social Security Act, 2008 – Weaker sections of labour – Bidi workers, domestic workers, construction workers, inter-state migrant workmen – Legal protection: Bonded Labour System (Abolition) Act, 1976; Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 – Child Labour (Prohibition and Regulation) Act, 1986: Aims and objects of the Act – Definition of child labour – Prohibition of work by children in certain occupations and processes – Regulation of conditions of work by children.
Suggested Readings:
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G.B. Pai - Labour Law in India
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P.L. Malik’s - Industrial Law
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R.C. Saxena - Labour Problems and Social Welfare
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V.V. Giri - Labour Problems in Indian Industry
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Indian Law Institute - Labour Law and Labour Relations
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P.L. Malik, Srivastava’s - Law Relating to Trade Unions and Unfair Labour Practices in India
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Dr. V.G. Goswami - Labour and Industrial Law, Central Law Agency, Allahabad.
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S.N. Mishra - Labour and Industrial Law, Central Law Agency, Allahabad.
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Khan and Khan - Labour Law, Asia Law House, Hyderabad
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Reports of the National Commission on Labour