Laws relating to HR

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 Learning Objectives
1. Explain the importance of labour legislations
in India .

2. Describe employment laws including those

relating to sexual harassment
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of women at
work.

3. Discuss why diversity management is

important and how to install a diversity
management program.
 LAWS RELATING TO INDUSTRIAL
RELATIONS
• Regulative in nature – dos and don’ts
• Trade Unions Act,1926
• Freedom for 7 or more employees to form a union
• Amended in 2001. Now,minimum membership is 10%
of unionizable employees or 100 employees,
whichever is less.
• Registration is not compulsory
• However, office-bearers of registered trade unions
receive protection from certain civil and criminal
actions
• Various state governments, like Maharashtra, have
enacted separate legislations to deal with recognition
 LAWS RELATING TO INDUSTRIAL
RELATIONS

• Industrial Employment (Standing Orders) Act, 1946

• Applicable to industrial establishments under the
jurisdiction of central and state governments
• Formally defines conditions of employment, thereby
reducing conflict, and as a communication
mechanism between management and labour
• IEs have to frame S.Os and apply for certifications for
those as well
• Objections from workmen and trade unions are
considered before giving a certificate
• Model standing orders will prevail in the absence of
certified S.Os
 LAWS RELATING TO INDUSTRIAL
RELATIONS
• Industrial Disputes Act,1947
• It is regulatory since it puts restrictions on the direct actions
that can be taken by both the parties involved in the ID
• Conflict resolution fora include:
• Works committees (Sec.3) ,Conciliation Officers (Sec.4) ,
Boards of conciliation (Sec.5), Courts of inquiry (Sec.6) Labour
courts (Sec. 7), tribunals (Sec. 7A) and national tribunals (Sec.7B)
• Allows govt. to intervene to maintain industrial peace
• Requires organizations to give an advance notice of 21
days before changing working conditions affecting the
workmen
• Allows govt. to refer IDs to boards, labour courts or tribunals
 LAWS RELATING TO INDUSTRIAL
RELATIONS
• Industrial Disputes Act,1947 contd.
• It places restrictions on employees in public utilities going
on strike without appropriate notice or when any
conciliation effort is operational.
• It also has provisions for firms more than 50 workmen
regarding layoffs, payment of layoff compensation,
retrenchment of workmen after giving sufficient notice, and
for closure of undertakings
 LAWS RELATING TO WAGES

• The Payment of Wages Act, 1936

• Ensures payment of wages to certain groups of employees
at regular intervals and without any unauthorized
deductions

• Minimum Wages Act, 1948

• Ensures that a minimum rate of wages is paid to all who are
engaged in wage employment
• Also, it specifies the structure of minimum wage and the
procedure for fixing and revising minimum wages at regular
intervals
 LAWS RELATED TO WORKING HOURS,
CONDITIONS OF SERVICES, AND
EMPLOYMENT
• The Factories Act, 1948
• One of the most important legislations covering the
manufacturing sector
• Deals with safety, health and welfare of workers
• Restricts the hours of work, provides for overtime and spread
of working hours, employment of young persons, and
women
• Factories are approved, registered and licensed under the
Act, and authorities are appointed by the government
• Welfare Officers in factories with more than 500 workers
• Safety Officers with appropriate qualifications
 LAWS RELATING TO EQUALITY AN D
EMPOWERMENT OF WOMEN
• The Maternity Benefits Act, 1961
• Provides employment and financial security for women
employees for defined periods before and after child birth
• 12 weeks divided equally between pre- and post-birth
periods
• Non-cash benefits reduced workload, medical bonus and
two nursing breaks every day till the child attains 15 months
• The Equal Remuneration Act, 1976
• No discrimination between genders for the same type of
work, and in recruitment , and subsequently, in promotions,
training, or transfers unless the law explicitly prohibits
employment of women
LAWS RELATING TO SOCIAL SECURITY

• The Workmen’s Compensation Act, 1923

• Employer is liable to pay compensation to employees who
are affected by personal injury arising out of accidents
• Compensation is payable for partial disablement and total
disablement
• “ out of” and “in the course” of employment – causal
connection between the accident and employment
• The Employees State Insurance Act, 1948
• Secures financial relief in cases of sickness, maternity,
disablement and for providing medical benefits to
employees of factories and establishments, and their
dependents
LAWS RELATING TO SOCIAL SECURITY
CONTD.
• The Employees’ Provident Funds and Miscellaneous
Provisions, 1952
• Employer and employee contribute to the Provident Fund
• Objective is to provide monetary assistance to employees and
their families when they are in distress, unable to meet family
and social obligations, and to protect them in old age,
disablement, early death (of the employee) and in some
other contingencies

• The Payment of Gratuity Act, 1972

• Additional financial benefit given to employees on
superannuation, retirement, resignation, death or disablement
• Min. 5 years of service
• 15 days salary of for every year of service.
 Sexual Harassment

• What Is Sexual Harassment?

• Proving Sexual Harassment
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• When Is the Environment “Hostile”?

 Guidelines for handling Sexual
Harassment complaints
• The SC in Visakha and others vs. State of Rajasthan ,1997 has
defined sexual harassment in the workplace to include the following:
• Sexually determined behaviour (whether directly or by
implication)
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• Physical contact and advances
• Sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of a
sexual nature
 Discuss why diversity
management is important and
how to install a diversity
management2 program.
 Diversity Management and
Affirmative Action Programs

• Threats to Diversity
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• Diversity Benefits
• Managing Diversity
 Review
• Diversity threats and benefits
• Managing diversity
• Diversity management
2 and
Affirmative Action programs
• EEO vs. Affirmative Action
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