Labor law advisors would be professionals who can advise employers and employees about the various aspects of labor laws in a country or region. They help guide their clients through an otherwise labyrinthine legal structure regarding employment, working conditions, and rights and liabilities of the parties. Thus, labor law advisors provide clients with the proper understanding of and compliance with applicable laws and regulations for resolving labor disputes.
Labor law refers to the body of laws, regulations, and judicial decisions governing the relationship between employers, employees, trade unions, and the government.
The key objectives of labor law are:
Protection of the rights and interests of workers.
Ensuring fair and equitable working.
Promoting workplace safety and health.
Regulating employment practices.
Facilitating collective bargaining and dispute resolution.
It deals with the engagement of hired labor or contract workers which enforces rights for them while they are engaged and wards off exploitation.
Specifies minimum safety standards and health precautions at the place of work to prevent accidental injuries or health hazards.
Regulates the issues of employer and employee that have arisen in the organizations' industrial field, this would cover wages, work hours, strikes, and lockout.
Prohibits discrimination at the workplace because of caste, religion, gender, disability, etc. for all workers without any differentiation.
It gives the social security to the employed as well, this includes :
Ban child labor. It's regulation of child labor employment conditions to their well-being and education
Every laborer has a minimum wage that depends on the category of skill and industry of the job.
The maximum limit of working hours in a week is 48 while in a day is 9. There should be overtime payment if one makes more than the mentioned hour.
Employees are entitled to various types of leave, which include earned, casual, sick, and maternity leave.
Termination is subject to specific procedures, such as notice and severance pay, by the employers.
The workers are protected from discrimination on grounds of caste, religion, gender, or disability.
Workers have the right to form trade unions and bargain collectively to improve work conditions.
In India, a lot of compliances fall under labor law. Some are mainly required:
Registration with Relevant Authorities:
Establishments require registration under different labour laws. This includes, for instance: the EPF Act, ESI Act, and the Shops and Establishments Act.
Proper records:
Maintaining proper records on wages, working hours, leaves, and other pertinent information of the employees.
Filing of Periodic Returns:
Presenting returns to authorities like EPFO, ESIC, and the Shops and Establishments Department.
Statutory Benefits:
The statutory benefits include provident funds, health insurance, and maternity leave.
Safety Standards:
Comply with safety legislation and ensure a safe and healthy working environment for all workstations and workplaces.
India has achieved major labor reforms by integrating over 40 central labor laws into four main labor codes:
Code on Wages, 2019
Industrial Relations Code, 2020
Social Security Code, 2020
Occupational Safety, Health and Working Conditions Code, 2020
Labor laws in India are very instrumental in defining and enhancing employee rights and workplace conditions. Labor law covers nearly all concerns in employment-related issues to provide a balanced view for both the employer and the employees.
Indian labor laws went through drastic changes in the year 2023. It witnessed amendments in the existing labor law and the continuation of new labor codes. Below is a summary of some of the key changes.
Social Security Code(Amendment) Act
This act increases the threshold amount under ESI from Rs 21,000 per month to Rs 26,000 per month.
Code on Wages (Amendment) Act
It has brought provisions for gratuity and bonus payments for employees working in shops and establishments under the Shops and Establishments Act.
Industrial Relations Code(Amendment) Act
It increases the period of fixed-term employment to 3 years from existing 1 year for a particular set of employees.
Other amendments have been made in labor laws such as the Payment of Wages Act, Factories Act, and Maternity Benefit Act where the focus has been worker welfare, compliance, and business ease.
Shram Suvidha is the Ministry of Labour & Employment, Government of India- A one-stop online portal meant to benefit both employers and employees who want to search for services related to labor legislation.
Compliance Management:
Shram Suvidha allows employers to seek and file returns along with monitoring the same concerning compliance.
Information dissemination:
The portal facilitates information regarding labor laws, amendments, and notifications related to the same.
Grievance redressal:
Employees can use Shram Suvidha to file complaints with the appropriate authorities against employers for the violation of labor laws.
Arrears or late payments could be levied with enormous penalties to the extent of:
Shram Suvidha www.shramsuvidha.gov.in It provides one-stop services for the implementation of labour law.
Registration and Licensing:
It allows for the registration of establishments with all labour laws and the issue of licenses.
Returns and Compliance:
It facilitates the return filing of labor codes.
Grievance Redressal:
This portal provides employees with a facility to submit grievances about labor laws.
Some important labor legislation in India is
It acts as a regulatory body on industrial disputes, strikes, and lockouts.
The Act regulates the health, safety, and welfare of workers in factories.
This Act decides minimum wages for different types of workers.
This Act governs the timely payment of wages.
Provident funds and pension schemes for employees.
Objectives and Principles of Labour Legislation
The Indian Constitution lays out fundamental rights that are used to safeguard workers; it includes the right to unions and fair wages.
Labour laws protect the rights of the workers in terms of minimum wages, safe working conditions and protection against discrimination.
The labour laws intend to preserve industrial peace and avoid industrial conflicts.
The laws are trying to remove inequalities and create equality for all workers.
The economy develops when the workforce is stable and the workers' interests are protected.
India has ratified most ILO conventions, establishing minimum standards globally for laborers' rights and their work environment.
Labour legislation's dilemma is finding a balance between safeguarding the worker with growth in the economy.
Labour standards are incorporated into trade agreements that affect domestic labor law.
Trade unions and social movements demand reforms that affect labour legislation.
At Credible Corporate Services, our specialty is helping businesses understand and comply with all issues of labor law. Whether it's the subtle intricacies of registration, compliance, amendments, or even labor law reforms, my team makes sure that your business is always up-to-date with the latest regulations.
Our comprehensive services for HRMS, tax, and labor law compliance as well as employee self-service portals are designed to ensure that satisfaction among employees is maintained and operations are also smooth.