Labour and Industrial Laws II
Kannur University · LL.B. Semester 4 · CP 18
Unit I
Law Relating to Wages and Bonus: Theories of wages: marginal productivity, subsistence, wage fund, supply and demand, residual claimant, standard of living · Concepts of wages: minimum wage, fair wage, living wage, need-based minimum wage · Constitutional provisions · Minimum Wages Act, 1948: Objectives and constitutional validity of the Act · procedure for fixation and revision of minimum rates of wages · Payment of Wages Act, 1936: Regulation of payment of wages · Authorized Deductions · Payment of Bonus Act: Bonus · Its historical background, present position and exemptions
Unit II
Social Security Against Employment Injury and Other Contingencies: Concept and development of social security measures · Employers liability to pay compensation for employment injury · Employees' Compensation Act, 1923 · Concept of 'accident arising out of' and 'in the course of the employment' · Doctrine of notional extension and doctrine of added peril · Total and partial disablement · Quantum and method of distribution of compensation · Employees State Insurance Act, 1948 · Benefits provided under the Act · Employees State Insurance Fund and Contributions · Machinery for the implementation of the Act · ESI court and appeal to High court
Unit III
Law Relating to Retirement Benefits: Employees Provident Fund and Miscellaneous Provisions Act, 1952 · Family Pension Scheme 1971 and Employees Pension Scheme 1995 · The changing rules regarding Employees Provident Fund and Pension Schemes · Payment of Gratuity Act, 1972 · Concept of gratuity · Eligibility for payment of gratuity · Determination of gratuity · Forfeiture of gratuity
Unit IV
Law Relating to Labour Welfare: Philosophy of Labour Welfare · Historical Development of Labour Welfare Legislations · Health, Safety and Welfare measures under the Factories Act, 1948 · Welfare of Women and Child · Protective provisions under Equal Remuneration Act · Protective Provisions under the Maternity Benefit Act · Contract Labour: Problems of contract labour · Process of contractualisation of labour · Contract Labour (Regulation and Abolition) Act, 1970 · Controversy regarding Abolition of Contract Labour · Landmark cases
Unit V
Law Relating to Workers of Unorganized Sector: Problem of Definition and Identification · Unorganized Sector Workers' Social Security Act, 2008 · Weaker Sections of Labour · beedi workers, domestic workers, construction workers, inter-state migrant workmen · Legal Protection: Bonded Labour System (Abolition) Act, 1976; Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 · Child Labour (Prohibition and Regulation) Act, 1986: Aims and Objects of the Act · Definition of Child labour · Prohibition of work by Children in certain Occupations and processes · Regulation of conditions of work by children