Labour Law - II

Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 5 · TA5D

Unit I — Introduction

Social Security and Labour Welfare Concept, Evolution and Constituents of Social Security - Object of Social Security Laws - Social Security and Constitution - ILO on Social Security.

Unit II — Social Security

Industrial Injuries The Employees’ Compensation Act, 1923: Scope, Objects, Coverage and Definitions- Liability of the Employer to Pay Compensation - Personal Injury, Accident arising out of and in the Course of Employment, Doctrine of Notional Extension and Occupational Diseases - Determination and Distribution of Compensation - Principal Employer’s Right of Indemnity - Commissioner’s Powers and Functions.

Unit III — Social Security

Social Insurance The Employee’s State Insurance Act, 1948: Objects, Applications and ‘Seasonal Factory’ - Definitions - E.S.I. Corporation - E.S.I. Funds, Payment of Contributions - E.S.I. Benefits - Adjudication of Disputes - E.S.I. Court - Penalties.

Unit IV — Other Social Security Legislations The Maternity Benefits Act, 1961

Object and Application - Eligibility and Maternity Benefits - Notice of Claim Prohibition against Dismissal, Wage Deduction - Powers and Duties of Inspectors. The Employee’s Provident Funds and Miscellaneous Provisions Act, 1952: Scope, Coverage, Application and Definitions - Authorities, their Powers and Functions Contributions - Employees Provident Fund Scheme, Employees’ Pension Scheme and Deposit Linked Insurance Scheme -Penalties. The Payment of Bonus Act, 1965: Bonus Commission - Definitions and Coverage - Kinds of Bonus - Eligibility and Extent of Bonus - Calculation of Bonus - Available Surplus, Allocable Surplus, Set On Set Off - Forfeiture of Bonus - Prior Charges - Machinery. Payment of Gratuity Act, 1972: Background, Object and Definitions - Eligibility for Payment of Gratuity - Forfeiture, Exemption, Determination - Controlling Authority -Penalties.

Unit V — Labour Welfare Legislations Factories Act, 1948

Background and Definitions - Formalities to start a Factory - Health, Safety and Welfare Measures - Working Hours - Employment of Young Persons - Annual Leave with Wages - Special Provisions. The Tamil Nadu Shops and Establishment Act, 1947: Applicability and Person covered by this Act, - Opening and Closing Hours - Employment of Young Persons - Working Hours, Public Holiday, Safety, and Cleanliness - Leave and Annual Leave with Wages.