Labour Act - 2013
The growth of Industrial Jurisprudence can be observed from the labour and industrial legislation. Industrial Revolution has eradicated the concept of Master and Servant. Now it changed to Employer and Employee. The democratic idealogy has awakened the consciousness for greater power among the working class. The basic principles
- The Right of Workmen to form Associations
- The right of workmen to bargain and struggle for their better conditions
- The Doctrine of "Laissez Faire" changed to "Welfare State"
- Tripartite Consultation - Amicable solution is arrived for Labour or Industrial Disputes through the participation of Labour, Employer and Government.
- The State cannot be a Neutral Person, But State must interfere to make sure the protection of the Social Good.
Principles of Labour Legislation
Social Justice
- Equitable Distribution of of profits and other benefits of industry between industry owner and workers.
- Protection to the Workers against the harmful effects to their health, safety and morality.
Social Security
- Guarantee provided by the State through its appropriate agencies, against the certain risk to which the members of the society may be exposed.
- Constitute towards the goal of a welfare State.
Social Security Labour Legislation
- WORKMEN's COMPENSATION Act - ensures payment of compensation in case of a personal injury caused by an accident arising out of and in the course of employment.
- MATERNITY BENEFIT Act - provides maternity leave to woman workers and other benefits.
- EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 -
- INDUSTRIAL DISPUTES ACT - ensures retrenchment and lay-off benefits.
- EMPLOYEES' STATE INSURANCE ACT -