“Labour Law is the body of laws, administrative rulings, and precedents which address the relationship between and among employers, employees, and labor organizations, often dealing with issues of public law”. The terms Labour Laws and Employment Laws, are often interchanged in the usage. This has led to a big confusion as to their meanings. Labour Laws are different from employment laws which deal only with employment contracts and issues regarding employment and workplace discrimination and other private law issues.
Employment Laws cover broader area than labour laws in the sense that employment laws cover all the areas of employer/employee relationship except the negotiation process covered by labour law and collective bargaining. Labour Laws harmonize many angles of the relationship between trade unions, employers and employees. In some countries (like Canada), employment laws related to unionised workplaces are different from those relating to particular individuals. In most countries however, no such distinction is made. The final goal of labour law is to bring both the employer and the employee on the same level, thereby mitigating the differences between the two ever-warring groups.
Labour Laws can be classified into the following eight categories:
In India, there are a number of Acts which prohibit the employment of children below 14 years and 15 years in certain specified employments. However, there is no procedure laid down in any law for deciding in which employments, occupations or processes the employment of children should be prohibited. There is also no law to regulate the working conditions of children in most of the employments where they are not banned from working and are working under extremely shady and questionable conditions.
Objectives of Child Labour (Prohibition & Regulation) Act, 1986
Objective: The object of the Act is to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker Sections of the people and for matters connected therewith or incidental thereto.
Scheme of the Act
The Act consists of 27 Sections with some of the important Sections listed below:
| 1 | Definitions |
| 2 | Act to Have Overriding Effect |
| 3 | Abolition of Bonded Labour System |
| 4 | Agreement, Custom, Etc., to be Void |
| 5 | Liability to Repay Bonded debt to Stand Extinguished |
| 6 | Property of Bonded Labourer to be freed from Mortgage, Etc. |
| 7 | Freed Bonded Labourer Not to be Evicted from Homestead, etc. |
| 8 | Creditor not to Accept Payment Against Extinguished Debt |
| 9 | Authorities Who may be Specified for Implementing the Provisions of this Act |
| 10 | Duty of District Magistrate and other officers to ensure credit |
| 11 | Duty of District Magistrate and Officers Authorised by Him |
| 12 | Vigilance Committee |
| 13 | Functions of Vigilance Committee |
| 14 | Burden of Proof |
| 15 | Punishment for Enforcement of Bonded Labour |
| 16 | Punishment for Advancement of Bonded Debt |
| 17 | Punishment for Extracting Bonded Labour under the Bonded Labour System |
| 18 | Punishment for Omission or Failure to restore possession of Property to Bonded Labourers |
| 19 | Abetment to be an Offence |
| 20 | Offences to be Tried by Executive Magistrates |
| 21 | Cognizance of Offences |
| 22 | Offences by Companies |
| 22 | Protection of Action Taken in Good Faith |
| 23 | Jurisdiction of Civil Courts Barred |
Gratuity is a lump sum payment to employee when he retires or leaves service. It is basically a retirement benefit to an employee so that he can live life comfortably after retirement. However, under Gratuity Act, gratuity is payable even to an employee who resigns after completing at least 5 years of service.
In DTC Retired Employees v. Delhi Transport Corporation 2001(4) SCALE 30 = 2001 AIR SCW 2005, it was observed that gratuity is essentially a retiring benefit which as per Statute has been made applicable on voluntary resignation as well. Gratuity is reward for good, efficient and faithful service rendered for a considerable period.
To ensure regular and prompt payment of wages and to prevent the exploitation of a wage earner by prohibiting arbitrary fines and deductions from his wages.
In DTC Retired Employees v. Delhi Transport Corporation 2001(4) SCALE 30 = 2001 AIR SCW 2005, it was observed that gratuity is essentially a retiring benefit which as per Statute has been made applicable on voluntary resignation as well. Gratuity is reward for good, efficient and faithful service rendered for a considerable period.
The Act is to regulate payment of wages to certain class of employed persons. The main purpose of this Act is to ensure regular and timely payment of wages to the employed persons, to prevent unauthorized deductions being made from wages and arbitrary fines being imposed on the employed persons. The Act extends to the whole of India.
