legal status of worker

1. Labour laws in INDIA
PREPARED BY –ANAND PRATAP SINGH
BBA LLB
SHARDA UNIVERSITY

2. International Labour Organisation (ILO) made
reccomendation on labour welfare especially on
regularly in payment of wages & salaries with minimum
pay for stipulated working hours. In accordance with
the recommendations of ILO every country has
established labour laws and enforced, who ever
contravene them shall be liable for penalty or
punishment under serious cases or both may be
awarded. Naturally judiciary of the concern country is
watchdog for dealing labour issues.

3. Now let us discuss legal status of Worker Remuneration in
India
Constitution is the supreme law of the country, It
contains many objectives and one of the main objective of the
constitution is to provide justice of social economical and
political to every citizen of the country and under constitution
it is the duty of the government to promote economic welfare
to each section of the society and by the guidelines of the
constitution our parliament enforce four laws on wages of
workers that are Payment of wages act 1936 and Minimum
wages act 1948 and workmen's compensation act 1923 and
Equal Remuneration Act, 1976

4. Payment of wages act 1936 and Minimum wages act 1948 for
the purpose of ensuring minimum payment for particular type of
jobs in different sectors and industries according to stipulated
working hours prescribed by the law. Normally eight hours is
stipulated working time in almost all countries, above stipulated
time if any worker is made to work, his employers has to
compulsory pay overtime, if not it shall be treated as unlawful
by the court of law for which it may impose penalty

5. workmen's compensation act 1923, the primary
objective of this law is to have any compensation by an
employee from his employer if any accident occurs,
which make permanent are partial disablement This law
defines under schedules various types of accidents
certain to happen to worker and percentage of
compensation paid to him in accordance with his age.

6. Equal Remuneration Act, 1976, according to the section 4
it is the DUTY OF EMPLOYER TO PAY EQUAL
REMUNERATION TO MEN AND WOMEN WORKERS FOR
SAME WORK OR WORK OF A SIMILAR NATURE. According
to Section 3, a settlement arrived at between the
management and the employees cannot be a valid ground
for effecting discrimination in payment of remuneration
between male and female employees performing the
same work or work of a similar nature

7. International comparison of Indian labour laws
The table below contrasts the labour laws in India to those in China and United States, as of 2011.
Practice required by law India China United States
Minimum wage 97 dollar 182.5 dollar 1242.6 dollar
Minimum rest time while at work 30 minutes per 5-hour in INDIA and there is no
rest permitted during working time in china and in USA
Maximum overtime limit 200 hours per year in INDIA, 432 hours per year in
CHINA and there is no limit of overtime in USA
Premium pay for overtime 100% in INDIA 50% in CHINA 50% in USA