Frequently Asked Questions with Answers: Present Labour Laws and Upcoming Labour Codes

K. Vittala Rao
Legal & Management Consultant

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PREFACE

It is very natural and expected that any professional in any area of specialisation gets some sudden doubt or needs clarification on any issue. More particularly in the area of legal compliance or even while seeking or providing clarification to anyone, including colleagues and superiors. We continue to live in an era of the plethora of labour legislations, that too varied interpretations under judicial pronouncements. And many times, we need fast and quick inputs. And it is our experience that when we get or know the clarifying answer assertively, most problems get solved in a matter of seconds. Whenever I conduct sessions on Labour Laws, I conclude with a set of objective tests to evaluate and or to further clarify the doubts which have shown positive indications. In teaching in Management Schools, MBA, MSW, and Law, the faculty must be equipped with precise answers and even administering tests and evaluations.

Now, all of us are aware of the upcoming new Four Labour Codes. Many of us, start asking ourselves, what are the answers in the Four Labour Codes and a comparative clarification?

Keeping these in view, I conceived an idea and, after a thought-provoking process, to compile all possible questions and precise answers in respect of all labour legislations as also under the four Labour Codes. I am sure this would help everyone to get a comparative answer and/or clarifications simultaneously.

I have been to compile around 600 questions covering 22 labour legislations, including “Management of Discipline “. The answers cover under present labour legislations as well as under Four Labour Codes. I have tried to substantiate the answers based on judicial views/judgements wherever possible.

I am sure this book – FAQs & ANSWERS covering the Labour Legislations, will be a handy reckoner, a handbook to the HR Fraternity, Faculty and Students of management schools, MBA, MSW & Law.

​K.Vittala Rao
President
KVR Management Services
Legal & Management Consultancy,
Bangalore.

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CONTENTS

Legislation

1. Constitution of India [Preliminary, Fundamental Rights, Directive Principles of State Policy, Writs, & Duties of Citizens.]
2. Constitution of India & Labour Laws
3. The Protection of Human Rights Act, 1993
4. Minimum Wages Act 1948
5. Payment of Wages Act 1936
6. Equal Remuneration Act 1976
7. Payment of Bonus Act 1965
8. Provident Fund Act 1952
9. Employees State Insurance Act 1948
10. Payment of Gratuity Act 1972
11. Maternity Benefit Act 1961
12. Employee Compensation Act 1923
13. Employment Exchange [Compulsory Notification of Vacancies] Act 1959
14. The Trade Union Act 1926
15. Industrial Employment [Standing Orders] Act,1946
16. Industrial Disputes Act 1947
17. Contract Labour [Regulations & Abolition] Act 1970
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. Factories Act 1948
20. Sexual Harassment of Women at Workplaces [Prevention, Prohibition & Regulation] Act 2013
21. The Rights of Persons With Disabilities Act, 2016
22. The Indian Contract Act 1872 [With special reference to Employment Contracts & enforceability]
23. Management of Discipline