Labour Laws

Indian labour law refers to laws regulating employment in India. There are over fifty national laws and many more state-level laws.

Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislations. As a result, a large number of labour laws have been enacted catering to different aspects of labour namely, occupational health, safety, employment, training of apprentices, fixation, review and revision of minimum wages, mode of payment of wages, payment of compensation to workmen who suffer injuries as a result of accidents or causing death or disablement, bonded labour, contract labour, women labour and child labour, resolution and adjudication of industrial disputes, provision of social security such as provident fund, employees state insurance, gratuity, provision for payment of bonus.

Profession Tax

Every person engaged in the State in any profession, trade, calling or employment specified in the First Schedule, shall be liable to pay professional tax at the rate specified.

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Andhra Pradesh Shops & Establishment Act, 1988

The Andhra Pradesh shops and establishment act, 1966 was enacted to consolidate and amend the law relating to the regulation of conditions of work and to provide for some more measures for safeguarding the interests of the employees.

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Employee Provident Fund Act

Provident Fund Act applies to factories and other notified establishments employing 20 or more persons. Once an establishment is covered, its departments and branches, wherever they are, are covered.

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Employees Pension Scheme (EPS) 1995

Employees Pension Scheme applies to factories and other notified establishments employing 20 or more persons. Once an establishment is covered, its departments and branches, wherever they are, are covered.

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Employees Deposit Linked Insurance Scheme

Employees Deposit Linked Insurance Scheme applies to factories and other notified establishments employing 20 or more persons. Once an establishment is covered, its departments and branches, wherever they are, are covered.

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Employees State Insurance Act

An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury. The Act applies to all factories, Shops, Hotels & Restaurants and other establishments using power and employing 10 or more persons or wages not exceeding Rs. 15,000/-pm.

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Andhra Pradesh Labour Welfare Fund Act, 1987

With the rapid growth of industries in the State welfare of the labour has assumed great importance. It was agreed in the Labour Minister’s Conference held at Bangalore in the month of October, 1961 that all States should enact a law for the constitution of statutory Labour Welfare Fund on the analogy of the law existing in the States of Maharashtra and Gujarat; and the National Commission for Labour also considered the need for such statutory Labour Welfare Boards in all the States. The Andhra Pradesh State Labour Advisory Board had recommended for a similar legislation for this State also.

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The Minimum Wages Act, 1948

The Indian Constitution has defined a ‘living wage’ that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. However, to keep in mind an industry’s capacity to pay the constitution has defined a ‘fair wage’. Fair wage is that level of wage that not just maintains a level of employment, but seeks to increase it keeping in perspective the industry’s capacity to pay. A Minimum Wage is such a wage that it not only guarantees bare subsistence and preserves efficiency but also provides for education, medical requirements and some level of comfort.

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The Payment of Bonus Act, 1965

An Act to provide far 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.

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Payment of Gratuity Act, 1972

Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, on his superannuation, on his retirement or resignation, or on his death or disablement due to accident or disease.

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Contract Labour (Regulation & Abolition) Act, 1970

Every industry or contractor where 20 or more workers are employed or were employed on any day of the preceding twelve months as contract labour.

A workman shall be deemed to be employed as “contract labour” in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer.

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