Law & Life

 Introduction Maternity Benefit is one of the most important social security measures provided to working women in India. It ensures that a woman employee can take time off from work before and after childbirth without losing her job or her income. The main legislation governing maternity benefit in India is the Maternity Benefit Act, 1961 , which has been significantly amended by the Maternity Benefit (Amendment) Act, 2017 — one of the most progressive amendments to labour law in recent years. The Maternity Benefit Act, 1961 was enacted to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits. The Act gives effect to the constitutional directive under Article 42 of the Constitution of India, which directs the State to make provision for just and humane conditions of work and for maternity relief. India is also a signatory to the International Labour Organizati...

 Introduction Bonus is an additional payment made by an employer to his employees over and above their regular wages or salary. In India, the payment of bonus is governed by the Payment of Bonus Act, 1965 . This Act was enacted by the Indian Parliament to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. Before the enactment of this Act, the payment of bonus was not regulated by any specific law and was largely dependent on the goodwill of the employer or the outcome of industrial disputes. The Supreme Court of India in the landmark case of Muir Mills Co. Ltd. v. Suti Mills Mazdoor Union (1955) laid down certain principles for payment of bonus, which eventually led to the enactment of the Payment of Bonus Act, 1965. The Act came into force on 25th September, 1965 and applies to factories and establishments employing 20 or more persons . The Act...

Introduction The protection of children from exploitation in the workplace is one of the most important aspects of Indian labour law. India has enacted several laws to prohibit and regulate the employment of children in factories and other establishments. The main legislation governing this area is the Child Labour (Prohibition and Regulation) Act, 1986 , which was significantly amended by the Child Labour (Prohibition and Regulation) Amendment Act, 2016 . Additionally, the Factories Act, 1948 contains specific provisions relating to the employment of young persons in factories. The Constitution of India also provides strong protection against child labour through Article 24 , which prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. Article 39(f) directs the State to ensure that children are given opportunities and facilities to develop in a healthy manner and are protected against exploitation. Definition of Child...

 Introduction Disablement Benefit is one of the most important benefits provided to workers under the Employees' State Insurance Act, 1948 (ESI Act). The ESI Act was enacted to provide comprehensive social security protection to workers in the organized sector against various contingencies such as sickness, maternity, employment injury, and disablement. The Act is administered by the Employees' State Insurance Corporation (ESIC) , a statutory body under the Ministry of Labour and Employment, Government of India. Disablement benefit is specifically designed to provide financial assistance to workers who suffer physical disablement due to employment injury or occupational disease. Meaning of Disablement Under Section 2(15) of the ESI Act, disablement means loss of capacity to work or to move. It can be of two types: 1. Temporary Disablement — A condition resulting from employment injury which renders the insured person temporarily incapable of doing his work and neces...

Introduction The concept of Fair Wage is one of the most important concepts in Indian labour law. It occupies a middle position between the minimum wage (which is the bare minimum required for subsistence) and the living wage (which provides for a comfortable standard of living). The concept of fair wage was elaborated by the Committee on Fair Wages , which was set up by the Government of India in 1948 and submitted its report in 1949 . This report remains the foundational document on the concept of fair wages in India. Meaning of Fair Wage According to the Report of the Committee on Fair Wages (1949) : "A fair wage is a wage which is above the minimum wage but below the living wage. It must be sufficient to enable the worker to live in reasonable comfort, having regard to all obligations to which an average worker would ordinarily be subjected." In simple terms, a fair wage is one that: Is more than the bare minimum required for survival Allows the worker to live with...

 Introduction The concept of Standard Deductions is an important topic under the Payment of Wages Act, 1936 . The Payment of Wages Act was enacted to regulate the payment of wages to certain classes of employed persons and to ensure that workers receive their wages regularly, on time, and without any unauthorized deductions. The Act protects workers from arbitrary and illegal deductions from their wages by employers. The Act clearly defines what deductions are permissible (authorized) and what deductions are not permissible (unauthorized) . These permissible deductions are commonly referred to as Standard Deductions because they are standardized and regulated by law. Meaning of Standard Deductions Standard deductions are those deductions from wages that are specifically authorized under the Payment of Wages Act, 1936. No employer can make any deduction from the wages of an employee other than those expressly permitted under the Act. Any deduction not authorized by the Act is il...

Health, Safety and Welfare Measures under the Factories Act, 1948 Introduction The Factories Act, 1948 is one of the most comprehensive pieces of labour legislation in India. It was enacted to regulate the working conditions in factories and to ensure the health, safety, and welfare of workers employed in them. The Act replaced the earlier Factories Act of 1934 and came into force on 1st April, 1949 . The Factories Act, 1948 is based on the recognition that factory workers are exposed to various physical, chemical, and mechanical hazards in their daily work, and that it is the duty of the State and the employer to protect workers from these hazards. The Act gives effect to the Directive Principles of State Policy under Articles 39, 41, and 42 of the Constitution of India, which direct the State to ensure just and humane conditions of work, protection of health, and adequate means of livelihood for workers. The provisions relating to health, safety, and welfare are contained in...