LABOUR LAWS -1 Course Objectives: The students are to be acquainted with the Indu tial relations framework. Further, the importance of the maintenance of industrial peace and efforts to reduce the incidence of strikes and lockouts are to be emphasised, Referring to the Constitutional provisions and the ILO Conventions and recommendations the labor welfare generally envisaged shall be studied. Students shall also be exposed to the judicial response, legislative response and probable amendments required to the industrial relations laws to meet the challenges posed by economic liberalisation. Students shall also acquaint with legal frame-work relating to wages, social security and welfare of labour. The concept of social security, its importance and also Constitutional basis for the same are introduced. The students shall be taught the provisions the Child Labour (Prohibition and Regulation) Act, 1986, the Payment of Gratuity Act, 1972, the Payment of Bonus Act, 1965, the Industrial Disputes Act, 1947 and the Payment of Wages Act, 1936. These legislations are to be studied with a view to acquaint the students regarding various rights and benefits available to the workmen thereunder. Legislations are to be analysed by examining historical background and underlyingobjectives, judicial interpretations and effectiveness of these legislations in the days of changed economic policies. Unit I - Constitutional Dimensions of Labour Laws Constitution and LabourWelfare;BondedLabourSystemAbolition Act, 1976; Equal Remuneration Act, 1976; Inter-State Migration of Workers Act, 1979; Protection of Women Against Sexual Harassment Act, 2013 Unit 11 - Social Security Concept and Importance of Social Security - Influence of LL.O, - Constitutional provisions, The Unorganised Workers’ Social Security Act, 2008 - Importance and problems of Unorganised Sector, Definitions- employer, home based worker, self- employed worker, unorganised sector, unorganised worker, wage worker, etc. Schemes- Funding mechanism, Procedure, benefits available - Administrative Mechanism- Composition and Powers, etc. ~ evaluation of working of the legislation over a decade.Globalisation, Privatisation and Open and Labour - Constitutional Mandate of Welfare State and effectiveness of Social Security and Social welfare legislations in Inelia under new cconomic policy- E: nergence of laws relating SEZ, etc. Scope, object and implications of The Economic Special Zones Act, 2005. Uni Wages. Bonus and Gratuity Context - Necessity of regular and periodic payment of wages without unreasonable deductions. The Payment of Wages Act, 1936 - Definitions - employed person, factory, industrial and other establishment, wages, etc. - Deductions ~ Authorities - Inspectors and Payment of Wages Authority. Context ~a right to share in profits even after payment of wages according contract of employment? Is it breach of contract or an implied term of the contract? - concepts of bonus and right to share in profits - The payment of Bonus Act, 1965 - definitions ~ provisions relating to payment of bonus ~ judicial interpretations and constitutionality of the provision relating to Govt’s power to exempt Context — reward for long drawn loyal service — employers’ liability or good gesture?Historical developments.The Payment of Gratuity Act, 1972 ~ definitions - judicial restrictive interpretation of the definition of employee. - payment of gratuity — determination of the amount of gratuity - authorities. Unit IV ~ Child Labour Child labour ~ practice and reasons for child labour - competing views on necessity and feasibility of abolition of child labour ~ Human rights perspective and constitutional provisions for the protection of child - the Child Labour (Prohibition and Regulation) Act, 1986 - definitions — provisions relating to prohibition of child labour in certain establishments and processes ~ regulation of conditions of work ~ penalties judicial interpretations. Amendments made through The Child Labour (Prohibition and Regulation) Amendment Act, 2016 and C: isms. Unit V- Provisions applicable to shops and establishments 10unotgarisedlabour in shope their working conditions ~ a bird’s eye view of legislations on shops and establishments in different states and the necessity of common legislation ~ the Karnataka Shops and Comunercial Establishments Act, 1961 ~ application of the Act, Hours of work, annual leave with wages - wages and compensation ~ employment of children and women - authorities and penalties, New labour law Code’s-Policy of Ese of doing business with India and Labour Implications - the idea behind Decent Work Agenda fromILO. Books Prescribed: S.C. Srivastava - Industrial Relations and Labour Laws. Dr. V.G. Goswami - Labour industrial Laws SN Mishra - Labour and Industrial Laws. S.C Srivastava, Treatise on Social Security. Bonded Labour System Abolition Act, 1976, Equal Remuneration Act, 1976 Inter-State Migration of Workers Act, 1979. The Protection of Women Against Sexual Harassment Act, 2013 The Karnataka Shops and Commercial Establishments Act, 1961 The Child Labour (Prohibition and Regulation) Act, 1985 The Payment of Gratuity Act, 1972 ‘The Payment of Bonus Act, 1965 ‘The Industrial Disputes Act, 1947 The Payment of Wages Act, 1936 © The Karnataka Shops and Commercial Establishments Act, 1961 ‘© The Unorganised Workers’ Social Security Act, 2008 © The Economic Special Zones Act, 2005 Reference Books: © OP. Malhotra - Law of Industrial Disputes. © G.Ramanujam - Indian Labour Movements. © PLL. Malik- Industrial Law. © Mamoria and Mamoria - Dynamics of Industrial Relations ¢ First National Labour Commission Report, 1969. © Second National Labour Commission Report, 2002. © Intemational Labour Conventions and Recommendations. uw