This presentation walks you through the basics of Labour Laws in India like Collective Bargaining, Registered and Unregistered Trade Unions and Child Labour

1. Labour Laws
Presented by: Manasi Kale (19107)
MBA-HR (2019-2021)
Topics Covered:
Collective Bargaining
Registered and Unregistered Trade Unions
Child Labour
15th September 2020

2. Collective Bargaining of Trade Unions:
Process by which representatives of management and the unions meet and negotiate over wages,
hours and other terms and conditions of employment in good faith.
Objectives:
To establish a mutual agreement between the management and employees determining
mutual beneficial terms and conditions of employment.
I. To foster and maintain cordial and harmonious relations between the employer/management
and the employees.
II. To protect the interests of both the employer and the employees.
III. To keep the outside, i.e., the government interventions at bay.
IV. To promote industrial democracy.

3. Mandatory Components of Collective Bargaining:
Compensation
Packages
Workers Rights
Employer Rights Arbitration

4. Importance of Collective Bargaining:
To Employees
• Develops a sense of
responsibility amongst
employees.
• Ensures adequate wages
and working conditions for
employees.
• Improves the morale and
productivity of employees.
• Helps in quick settlement
of grievances.
To Employers
• Relatively easier for the
management to resolve
disputes at the bargaining
level instead of taking up
complaints individually.
• Improves the morale of
employees and thereby
reduces the cost of labor
turnover.
• Improves workers
participation in decision
making.
To Society
• Promotes peace in the
country. It results in a
harmonious industrial
climate which helps in the
economic and social
development of the
country.

5. Trade Union:
Definitions:
 Trade Unions Act, 1926- any
combination, whether temporary
or permanent, formed primarily
for the purpose of regulating the
relations between workmen and
employers or between workmen
and workmen or between
employers and employers or for
imposing restrictive conditions
on the conduct of any trade or
business.
 The Industrial Disputes Act,
1947: a trade union registered
under the Trade Unions Act,
1926
Increasing
Co-operation
and Well-
being among
Workers
Securing
Facilities for
Workers
Establishing
Contacts
between the
Workers and
the Employers
working for
the Progress
of the workers
Safeguardin
g interests of
Workers
Provision of
Labour
Welfare
Functions of Trade Union:

6. • Juristic Person
• It can sue or can be sued on its own name
• perpetual succession
• can be affiliated to any national or International Union Federation
• can acquire properties on its own name
• can contract on its own name
• employers come forward for discussions and collective bargaining
with the executives of a registered trade union.
• Proper accounting, auditing and submission of Returns within the
prescribed time, etc., are compulsory
Registered
“a body corporate by the
name under which it is
registered, having
perpetual succession and a
common seal with the
power to contract and to
hold movable and
immovable property.”
• Not a juristic person; just an association of people
• It cannot sue or be sued on its own name
• No perpetual succession
• cannot be affiliated to any national or International Union
Federation
• cannot acquire properties on its own name
• cannot contract on its own name
• employers do not come forward for discussions and collective
bargaining; as it has no legal status
• Proper accounting, auditing and submission of Returns within the
prescribed time, etc., is not compulsory
Unregistered
“any Trade Union, which
is not registered under the
Trade Unions Act”
Difference between Registered and Unregistered Trade
Unions:

7. Child Labour:
Definition: “Child”
 United Nations Conventions 1989: an
indivisual who has not attained the age of
18 years.
 Child Labour (Protection and Regulation)
Act, 1986 (Section 2(ii) ): a person who
has not completed his fourteenth year of
age.
 Plantations Labour Act, 1951 (Section
2(c)): a person who has not completed his
fifteenth year
 Child Labour Amendment( Prohibition
and Regulation Act) 2016: minimum age
at which children can start work should
not be below the age of 15
Definition: “Child Labour”
 Child labour: often defined as work that
deprives children of their childhood,
their potential and their dignity, and that
is harmful to physical and mental
development.
 Refers to work that: -
• is mentally, physically, socially or
morally dangerous and harmful to
children;
• interferes with a child’s ability to attend
and participate in school fully by
obliging them to leave school
prematurely;
• Is requiring them to attempt to combine
school attendance with excessively long
and heavy work.

8. Present Scenario In India:
 UN study reported 150million children between the age of 5-14 are working across various
industries in India.
 CRY reported more than 8lac children between 5-6age group
 Uttar Pradesh ranks first in the number of child labours (2,50,672 children) in the country
followed by Bihar (1,28,087 children) and Maharashtra (82,847 children).
 Areas- Road-side Restaurants, Tea stalls and shops, construction sites, factories with pittance paid-
Rs 20 per day
 Subjected to various forms of mental, physical and sexual exploitation
 Important factors contributing to child labour- high level of poverty and unemployment, lack of
adequate social security, supplementary family income, survival
 CRY report cited that Integrated Child Development Scheme (ICDS) suffers many limitations and
is now covering only 50% of the child labourers.

9. Causes and consequences of Child Labour:
Poverty
Lack of educational
resources
Administrative
Laxity
Addiction, disease
or disability
Rising Population
Growth
Sexual
Exploitation
Illegal Activities
lure of cheap
labour
Loss of Quality
childhood
Health
Complications
Mental trauma Illiteracy
Indulgence into
Crime Field

10. Measures taken so far:
No child below the age of 14 years shall be employed to work in any factory or mine
or engaged in any other hazardous employment (Article 24)
State shall provide free and compulsory education to all children of the age six
to 14 years. (Article 21 (A))
State shall direct its policy towards securing that the health and strength of
workers, men and women and the tender age of children are not abused and that
they are not forced by economic necessity to enter vocations unsuited to their
age and strength (Article 39-e)
Children shall be given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that childhood and youth shall be protected
against moral and material abandonment (Article 39-f)
Fundamental
Rights and
the Directive
Principles of
State Policy
Constitutional Provisions:

11. Measures taken so far:
National Legislations
PENCIL for Child Labour: online portal launched for the better monitoring &
reporting system to ensure effective implementation of the provisions of the amended
Child Labour Act 1986 and National Child Labour Project scheme
National Child Labour Project: central sector scheme where 100% of the
funding is provided by the Government of India through the Ministry of Labour
and Employment; aims to eliminate all forms of child labour
Child Labour (Prohibition and Regulation) Act (1986)
The Right to Education Act of 2009 has made it mandatory for the state to
ensure that all children aged six to 14 years are in school and receive free
education
National Policy on Child Labour (1987), with a focus more on rehabilitation of
children working in hazardous occupations and processes, rather than on prevention
National
Commission
for Protection
of Child Rights
(NCPCR)

12. Measures taken so far:
International Law:
International Covenant on Civil and Political Rights under Articles 23 and 24
and the International Covenant on Economic, Social and Cultural
Rights under Article 10 made provisions for the care of the child.
International Program on the Elimination of Child Labour (IPEC): a
global program launched by the International Labour Organization in
December 1991.
Objective of IPEC: to contribute to the effective abolition of child labor.
IPEC-India has, during the period 1992-2002, supported over 165 Action
Programs
Universal
Declaration of
Human Rights
of I948

13. Interview Analysis:
Kaluram, 11 years
Works at a tea stall
Earns Rs 2000 per
month
Father expired, left
school, sole earning
member of family
Tiresome work
Sai Preeta, 9 years
Works at a Biscuits
shop
Rs 300 per month,
Bonus of Rs 30 if
done well
Supplementary
Income
Easy work, no
difficulty faced
Halima, 11 years
Works at Harvest
Rich Plant, Hanes
Rs 930 per month
Reason not stated
Work is exhausting
and tiresome, yelled
and beaten at