AN EMPHIRICAL STUDY OF THE

COMPILANCE OF VARIOUS LABOUR LAWS AS APPLICABLE TO ERSTWHILE INDIAN AIRLINES LIMITED

THE PROJECT REPORT SUBMITED TO C.V RAMAN COLEGE OF ENGENEERING (FOR THE PARTIAL FULFILMENT OF M.B.A DEGREE) BY SATYAJIT PANIGRAHI REGD.NO.S706227817
UNDER THE GUIDENCE OF MS.SHOBHA MOORTHY (DY.MANGER PERSONNEL) NACIL, EASTERN REGION

CONTENTS
1-INTRODUCTION 2-DECLARATION 3-CERTIFICATTE OF ORIGINALITY 4-AKNOWLEDGEMENT 5-OBJECTIVE OF THE STUDY 6-LIMITAION OF THE STUDY 7-DATA COLLECTION 8-RESEARCH METHODOLOGY 9-AVITION INDUSTRY SCENARIO 10-INDIAN AIRLINES COMPANY PROFILE 11-LABOUR LAWS (BACKGROUND) 12-VARIOUS LABOUR LWAS AS APPLICABLE TO INDIAN AIRLINES * FACTORIES ACT, 1948

* INDUSTRIAL DISPUTE ACT * CONTRACT LABOUR (REGULATION &ABOLITION) ACT, 1970 * MINIMUM WAGES ACT, 1948
13-CONCLUSION 14- BIBLOGRAPHY

DECLARARTION
I Satyajit panigrahi hereby declare that the project entitledCOMPILANCE OF VARIOUS LABOUR LAWS AS APPLICABLE TO ERSTWHILE INDIAN AIRLINES LIMITEDis an original work of mine, done towards
the partial fulfillment of Master Of Business Administration Degree and submitted to Personnel Department of NACIL Eastern Region,Kolkata,so for perusal and evaluation.

Satyajit Panigrahi

AKNOWLEDGEMENT
As a student of M.B.A(2007-09), Of C.V.Raman college of engineering, Bhubaneswar, I have been given a opportunity to integrate my academic input with a valuable project cum training(on the job training) at erstwhile Indian Airlines Limited Ltd.(Now known as National Aviation Company of India Limited (NACIL) I wish to express my sincere thanks to Mr.S.N.Bhatttachrya, (G.M. Personnel, E.R. NACIL) and Mr.B.C.Biswas (Chief Manager, Personnel, NACIL) for allowing me to complete the project in the premises of erstwhile INDIAN AIRLINES Limited, Kolkata. I am thankful to Ms.Shobha Moorthy (DY.Manager Personnel) for guiding me through out the training, extending her knowledge, valuable suggestion and recommendation for the same. I would like to express my deepest respect to my friend Mr.Dilip Tirky (Ex-Hokey team captain of India and P.R.O Of erstwhile Indian Airlines Limited at Bhubaneswar) for arranging the project work without whom I would never have completed my project work. I also like to thank Mr.Manoranjan Behera (Assistant Manager (Finance), NACIL),for arranging my accommodation for my project. I would like to thank the training and placement department of our college for helping me to achieve my project completion, I am thankful to all my faculty members and especially to Mr.Chittranjan Satpathy my esteem faculty head, whose contribution and suggestion helped me to conduct my project work. I would like to thank Mr.Jagneswar Babu( State General secretary B.J.D, and Cooperative society President), who help me in my project work. Last but not the least I would like to express my hearty thanks to my H.R.Faculty and my internal guide Professor Ms.Leena P.Singh for her valuable suggestion and co-operation in each and every step of my project The task has been COMPILANCE OF VARIOUS LABOUR LAWS AS APPLICABLE TO ERSTWHILE INDIAN AIRLINES LIMITED. In spite of my sincere efforts, I would not have been complete the project without co-operation of the family oferstwhile erstwhile Indian Airlines Limited Limited, Kolkata, now I am a part of it.

INTRODUCTION
erstwhile Indian Airlines Limited came into being with the enactment of the Air Corporations Act, 1953. It was renamed "Indian" on December 7, 2005. erstwhile Indian Airlines Limited started its operations from 1st August, 1953, with a fleet of 99 aircraft and was the outcome of the merger of seven former independent airlines, namely Deccan Airways, Airways-India, Bharat Airways, Himalayan Aviation, Kalinga Air Lines, Indian National Airways and Air Services of India. The year 1964 saw the erstwhile Indian Airlines Limited moving into the jet era with the introduction of Caravelle aircraft into its fleet followed by Boeing 737-200 in the early 1970. Along with its wholly owned subsidiary Alliance Air, it flies a fleet of 70 aircraft including Airbus A300, Airbus A320, Airbus A319, Boeing 737, Dornier Do-228, ATR-4, Airbus A319, A320 & A321. Alongwith Indian cities, it flies to many foreign destinations which include Kuwait, Singapore, Oman, UAE, Qatar, Bahrain, Thailand, Singapore, Malaysia, Myanmar besides Pakistan, Afghanistan, Nepal, Bangladesh, Sri Lanka and Maldives. India Domestic Flights erstwhile Indian Airlines Limited Flight free run over the Indian skies ended with the entry of private carriers after the liberalization of the Indian economy in the early 1990's when many private airlines like Jet Airways, Air Sahara, East-West Airlines and ModiLuft entered the fray. The entry of low-cost airlines like Air Deccan, Kingfisher Airlines and SpiceJet has revolutionized the Indian aviation scenario. Indian has been a pioneer in the aviation scene in India. It was the first airline in India to introduce the wide-bodied A300 aircraft on the domestic network, the fly-by-wire A320, walk in flights and easy fares. It flies to 76 destinations - 58 within India and 18 abroad. It has a total employee strength of around 19,300 employees along with Alliance Air and carries over 7.5 million passengers annually, along with Alliance Air. The main base of the Indian airlines are Chatrapati Shivaji International Airport, Mumbai; Indira Gandhi International Airport, Delhi; Netaji Subhash Chandra Bose International Airport, Kolkata; Chennai International Airport, Chennai. After being granted permission from the Government of India, on 15 July 2007, erstwhile Indian Airlines Limited and Air India merged and started to operate as a single entity. Post-merger the new airline will be renamed as Air India. This new airline is also a member of the Star Alliance, the largest airline alliance.

OBJECTIVE OF THE STUDY

The objective of conducting the project work is to study of various labour laws as applicable to erstwhile Indian Airlines Limited. It includes study of The West Bengal factory rules, 1958, Contract labour (Regulation and Abolition), act, 1970. Factories act 1948, Minimum wage act 1926, and industrial dispute acts 1947. The study was conducted keeping in eye the various labour laws and deviation if any. The ultimate aim of the study was to arm erstwhile Indian Airlines Limited with different pro-active measures and error correction if any deviation in respect to the various labour laws as cited above.

LIMITATION OF THE STUDY

The study was restricted to only Eastern Region, Kolkata, so it is the major drawback of the study. The erstwhile Indian Airlines Limited is divided in to four Regions namely- Eastern Region, Western Region, Southern Region, and Northern Region. It is not possible to conduct the study in all the four regions. So it is not possible to predict whether all the regions have the same problems as Eastern Region . This is the limitation of study.

DATA COLLECTION
The data collection include two steps. One being primary data collection and second one is secondary data collection. Primary data collection- The primary data was collected from office files, and other official internal data, various books relating to labour laws such as The West Bengal factories rule, The factories act etc. Secondary data collection- The secondary data was collected from internet by various search engines such as Goggle.com, wikipedia etc, Swagat magazine, Cruising height magazine.

INDIAN AVIATION SCENARIO

Lets dwell a bit on the history of private Airlines in India first and then work our way down to the part where I come up with some thoughts on Low Cost Carriers. Aviation has come a long way in India since the Government opened up the skies for private players in the 1990s. In the early days, the regulation still did not suit the entrants to the airline business. In fact, Airlines that were licensed those days were known as Air Taxis. The move to encourage private sector in India at that time prompted a lot of investors, mainly local, to invest in a business that they knew very little about. A few of them fell by the wayside real early and some managed to stay afloat for a few years. Ultimately it was a matter of which Airline had the better business plan, better long term views, that survived. In the jet Aircraft segment, the survivors were Air Sahara as it is now called and Jet Airways. Jet Airways had better success in the business and managed to keep a public visibility of being a premier airline. There was no concept of a LCC (Low Cost Carrier) in India at that time and hence the carriers mentioned come under the banner of legacy carriers (full service carriers). Several feeder Airline also started at the same time and the only one that stayed the course was Jagson Airlines based at New Delhi and offering short haul flights using Dornier 228 Aircraft. A note on LCCs in India. The pioneer here is Air Deccan that started flying ATR 42 on regional short haul routes, expanding to Airbus A320 family for medium and long routes. They started a revolution of sorts by offering fares as low as Rs. 500 (US$10 roughly) on sectors as long as two and half hours. Following their lead, several carriers have now taken to the skies, calling themselves LCCs, some in the traditional mould of an LCC such as having a no frills service. These Airlines today include SpiceJet (a new avatar of erstwhile Royal Airways and Modiluft) and Go Airways. Kingfisher Airlines, another startup promoted by the Beer and liquor Conglomerate UB Group also positioned itself in the market as an LCC while offering full service on board and portraying their cabin crew as models to be emulated. An Airline with a different business plan started flying in the latter part of 2005 called Paramount Airways. This Airline has leased Embraer ERJ 170 family as positioned

themselves as an all business class Airline offering direct routes from its Coimbatore base to some of the Metros in India. Several Airlines are due to take to the skies this year and the next, in India. The infrastructure and ATC facilities are woefully inadequate to handle the influx of Airlines and that is a separate subject for discussion. The number of flying passengers, in a country of one billion people, rose by 24% to 11 million in 2004 compared to the previous year. The growth is further estimated anywhere between 20 to 30% annually over the next several years, depending on which agency one talks to. Therefore, there is certainly a requirement for additional capacity in the form of existing players adding Aircraft and new ones coming in to service regional airports. The potential is definitely there. The definitions of a true LCC in India is lost or confused, in my opinion. There is a mix up between offering low fares and being low cost. The cost of operating an Airline is almost the same for any carrier whether LCC or legacy, except for the fact that some LCCs dont offer in-flight catering and the passenger has to purchase the same. The other point is that the LCCs have high density seating as opposed to the legacy carriers that offer more legroom in the same type or class of Aircraft. LCCs in India dont have the same benefit as those, for example, Ryanair in Europe or SouthWest Airlines in the US. These Airlines can keep their cost down further by being able to hedge their fuel requirements, at a lower price, something that no Indian carrier has been allowed to do. LCCs abroad have another benefit. They maintain low costs by flying into secondary airports of the same city and by signing agreements with the Airport owners to have very low fees at those airports and also making these Airports actually pay for construction of terminals and getting other such benefits. There are no such secondary Airports for any city in India at this time. So, all carriers have to fly into the same airport and use the same terminal regardless of whether they are an LCC or a legacy carrier and pay the same rates published. Since pilots and other qualified personnel are in short supply, all carriers are resorting to hiring foreign pilots, engineers and even top executives. Obviously due to demand outstripping supply, pay scales are going through the roof for qualified personnel. LCC pilots dont get lower pay than legacy ones because of this demand supply gap.

It is my contention that Low Cost Carrier is a misnomer in India and these Airlines should be called Low Fare Carrier in reality. There will be further pressure on bottom lines of the so-called LCCs due to rising fuel prices in 2006. How long will ridiculously low fares last in this scenario? Wait for my forecast. There will be more articles on the lack of infrastructure on the ground and what the Government of India is planning to do to rectify this situation. There will be another article shortly about the growth of carriers, their expansion plans this year, their public offerings to raise money and my forecast for 2006. When Paramount Airways was introduced, every one might have been exited that for the first time airline based out of Tamil Nadu was started. There was also expectation that the aviation sector in Tamil Nadu would improve. For a long time Bangalore was the only headquarters for all airline. TamilNadu was a desert of aviation enterprise ever since Air Asiatic wound up. There was also reports of Tamil newspapers inflight about Paramount, which would have attracted excitement in the emotional TN market. To tell the truth Paramount Airways is no different from they claim to be. They are just part of the Hindi-speaking herd which are based in Tamil Nadu only in name. THeir vacancies within Tamil Nadu DO NOT care for knowledge of Tamil but require Hindi. Speaking Tamil is considered shameful in India's aviation industry. Speaking Hindi is actual considered good etiquette. Paramount Airways has also shown this preference. They barely link 3 of the busiest airports in Tamil Nadu, which others like Air Deccan have already been doing. The only thing Paramount Airways is unique is that they are the most expensive. To sum it up, being an expensive airline which at the end of the day you get the usual English and Hindi only treatment, you would rather pick others for less.

COMPANY PROFILE
Erstwhile Indian Airlines Limited as a Corporation came into existence due to amalgamation 8 Private Airlines w.e.f. 01 AUG 1953 under Air Corporations Act, 1953. Sequel to repeal of Air Corporations Act, 1953, erstwhile Indian Airlines Limited came under Companies Act, 1956 w.e.f. 01.03.1994. Introduced the Brand Indian w.e.f. 07.12.05

CORPORATE OBJECTIVE
To Strive for and achieve client satisfaction, so that we are able to transform erstwhile Indian Airlines Limited into an organisation people are happy to deal with. Constructive involvement of all employees, so that employees take pride in their job, their organization and themselves. Excellence in each and every sphere to activity, so that we can refurbish our Corporate Image Mission Statement To become a World Class Airline and to provide the finest service in the areas we operate. FLEET STRENGTH

With erstwhile Indian Airlines Limited AIR BUS A-300 3 AIR BUS A-320 48 AIR BUS A-319 6 D-228 2 With Alliance Air B-737 11 ATR-42 4 A-319 (Druk) 1 NETWORK NUMBER OF DOMESTIC ON-LINE STATIONS

54

NUMBER OF INTERNATIONAL ON-LINE STATIONS 18

AWARDS FOR erstwhile Indian Airlines Limited CNBC Awaaz Consumer Award 2006- Best Domestic Airline. ET Brand Equity Most Trusted Brand Award. Mera Brand World Consumer Award Readers Digest Trusted Brand Award 2006.

STRENGTHS
DIVERSE AIRCRAFT FLEET OF A-300, A-320,A-319,B-737,D-228 & ATR WELL DEVELOPED AIRCRAFT MAINTENANCE INFRASTRUCTURE. SKILLED WORKFORCE MODERNISED TRAINING ESTABLISHMENT A WIDE ROUTE NETWORK WITH ABILITY TO LAND AT INTERIOR POINTS. OWN RESERVATIONS SYSTEM. ABILITY TO UNDERTAKE HANDLING OF OTHER AIRLINES FOR HIGHER EARNINGS. STRONG FFP BASE

WEAKNESSES
LOW CAPITAL BASE DESPITE OF AIRLINE INDUSTRY BEING HIGHLY CAPITAL INTENSIVE. AGEING FLEET OF AIRCRAFT RESULTING IN PREMATURE WITHDRAWALS. SOCIO ECONOMIC RESPONSIBILITIES AS THE STATE CARRIER. FINANCIAL DEPENDENCE UPON UNCONTROLLABLE FACTORS (ATF/USD RATES ETC.,) RESTRICTIONS ON OPERATIONS DUE TO INADEQUATE/UNDER DEVELOPED AIRPORT FACILITIES. GLOBAL POLITICAL, ECONOMICAL, SOCIAL, TECHNOLOGICAL, ENVIRONMENTAL & SECURITY CHALLENGES/CHANGES DIRECTLY AFFECTING THE INDUSTRY

OPPORTUNITIES
GOOD DOMESTIC POTENTIAL/GROWTH RATES.

LARGEST NETWORK ON BOTH DOMESTIC & INTERNATIONAL FOR CONNECTING India AS A WHOLE. MODERN ENGINEERING INFRASTRUCTURE FOR TAKING JOBS FOR OUTSIDE REPAIRS. (MRO ACTIVITIES) NEW MARKET SEGMENTS CREATED BY LCC IN INDIA

THREATS
MODERN & YOUNGER FLEET OF COMPETITORS INCREASE OF OPERATIONS BY INTERNATIONAL AIRLINES EXTREMELY VOLATILE AVIATION MARKET ENTRY OF LOW COST CARRIERS IN DOMESTIC/INTL MARKET. COMMENCEMENT OF INTERNATIONAL OPERATIONS BY PVT. CARRIERS PRICE WARS & DRASTIC REDUCTION IN YIELDS.

SPECIAL FEATURES OF AIRLINE PRODUCT COSTLY PERISHABLE LIMITED ALWAYS TO BE SOLD IN TERMS OF AIRCRAFT CAPACITIES DEPLOYEDDAILY & ALL DAYS. UNLIKE OTHER TANGIBLE PRODUCTS, THE PRODUCTION, CONSUMPTION, SALE BECOMING REVENUE ETC., TAKE PLACE AT THE SAME TIME. TILL THE PASSENGER LANDS AT THE DESTINATION, ALL THE ACTIVITIES ARE TOWARDS CONVERTING SALE INTO REVENUE.

LABOUR LAW (BACKGROUND)

Labour law (also known as employment or labor law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution. Labour law history Labour law arose due to the demands of workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some employers may oppose. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society. Individual labour law Individual labour law deals with peoples rights at work place on their contracts for work. Where before unions would be major custodians to workplace welfare, there has been a steady shift in many countries to give individuals more legal rights that can be enforced directly through courts

Contract of employment The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. This has been the case

since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things in order to protect employees, and facilitate a fluid labor market. One example in many countries is the duty to provide written particulars of employment with the essentialia negotii (Latin for essential terms) to an employee. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is. Minimum wage There may be law stating the minimum amount that a worker can be paid per hour. Australia, Canada, China, Belgium, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxemburg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Those unable to command the minimum wage due to a lack of education, experience or opportunity would typically work in the underground economy, if at all. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not. Minimum wage laws were first introduced nationally in the United States in 1938, India in 1948, and France in 1950, and in the United Kingdom in 1999. In the European Union, 18 out of 25 member states currently have national minimum wages. Working time Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of industrialism and the introduction of machinery, longer hours became far more common, with 14-15 hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of persons working in the new waterpowered textile factories were children. The eight-hour movement's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK.

After England, Germany was the first European country to pass labor laws; Chancellor Bismarck's main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag. The Chancellor, then, adopted a different approach to tackling socialism. In order to appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security. The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, while old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government. In France, the first labor law was voted in 1841. However, it limited only underage miners' hours, and it was not until the Third Republic that labor law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions. With the Matignon Accords, the Popular Front (1936-38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime).

Lochner v. New York, 198 U.S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10 hour day.

Health and safety Other labor laws involve safety concerning workers. The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers. Anti-discrimination This clause means that discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination.

Unfair dismissal Convention no. 158 of the International Labour Organization states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the Longjumeau (Essonne) conseil des prud'hommes (labor law court) judged the New

Employment Contract (CNE) contrary to international law, and therefore "illegitimate" and "without any juridical value". The court considered that the twoyears period of "fire at will" (without any legal motive) was "unreasonable", and contrary to convention no. 158, ratified by France.

Child labour

Two girls wearing banners with slogan "Abolish child slavery!!" from the May 1, 1909 labour parade in New York City Child labour is the employment of children under an age determined by law or custom. This practice is considered exploitative by many countries and international organizations. Child labour was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of laborers and children's rights. Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's own small business (for example selling food), or doing odd jobs. Some children work as guides for tourists, sometimes combined with bringing in business for shops and restaurants (where they may also work as waiters). Other children are forced to do tedious and repetitive jobs such as assembling boxes, or polishing shoes. However, rather than in factories and sweatshops, most child labour occurs in the informal sector, "selling on the street, at work in agriculture or hidden away in houses far from the reach of official inspectors and from media scrutiny. Collective labour law Collective labour law concerns the tripartite relationship between employer, employee and trade unions. Trade unions, sometimes called "labour unions" are the form of workers' organization most commonly defined and legislated on in labour law. However, they are not the only variety. In the United States, for example, workers' centers are associations not bound by all of the laws relating to trade unions.

Trade unions The law of some countries place requirements on unions to follow particular procedures before certain courses of action are adopted. For example, the requirement to ballot the membership before a strike, or in order to take a portion of members' dues for political projects. Laws may guarantee the right to join a union (banning employer discrimination), or remain silent in this respect. Some legal codes may allow unions to place a set of obligations on their members, including the requirement to follow a majority decision in a strike vote. Some restrict this, such as the 'right to work' legislation in some of the United States. Strikes

Strikers gathering in Tyldesley in the 1926 General Strike in the U.K. Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that:

The strike is decided on by a prescribed democratic process. (Wildcat strikes are illegal). Sympathy strikes, against a company by which workers are not directly employed, may be prohibited. General strikes may be forbidden by a public order. Certain categories of person may be forbidden to strike (airport personnel, health personnel, police or firemen, etc.) Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals.

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. Throughout history, workers have used tactics such as the go-slow, sabotage or just not turning up en-masse in order to gain more control over the workplace environment, or simply have to work less . Some labour law explicitly bans such activity, none explicitly allows it.

Pickets Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business which they are striking against, in order to make their presence felt, increase worker participation and dissuade (or prevent) strike breakers from entering the place of work. In many countries, this activity will be restricted both by labour law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labour law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel in order to join a picket). There may be laws against obstructing others from going about their lawful business (scabbing, for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example).

Workplace involvement Workplace consulation statutes exist in many countries, requiring that employers consult their workers on issues that concern their place in the company. Industrial democracy refers to the same idea, but taken much further. Not only that workers should have a voice to be listened to, but that workers have a vote to be counted.

Co-determination Originating in Germany, some form of co-determination (or Mitbestimmung) procedure is practised in countries across continental Europe, such as Holland and the Czech Republic. This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However, German company law uses a split board system, with a 'supervisory board' (Aufsichtsrat) which appoints an 'executive board' (Vorstand). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political consensus since the Helmut Schmidt social democrat government introduced the measure in 1976. In Britain, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy). This was released in 1977 by the James Callaghan Labour government. This proposal involved a similar split

on the board, but its effect would have been even more radical. Because U.K. company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than giving shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However, no action was ever taken as the U.K. slid into the winter of discontent. This tied into the European Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented.

International labour law One of the crucial concerns of workers and those who believe that labour rights are important, is that in a globalising economy, common social standards ought to support economic development in common markets. However, there is nothing in the way of international enforcement of labour rights, with the notable exception of labour law within the European Union. At the Doha round of trade talks through the World Trade Organisation one of the items for discussion was the inclusion of some kind of minimum standard of worker protection. The chief question is whether, with the breaking down of trade barriers in the international economy, while this can benefit consumers it can also make the ability of multinational companies to bargain down wage costs even greater, in wealthier Western countries and developing nations alike. The ability of corporations to shift their supply chains from one country to another with relative ease could be the starting gun for a "regulatory race to the bottom", whereby nation states are forced into a merciless downward spiral, not only slashing tax rates and public services with it but also laws that in the short term cost employers money. Countries are forced to follow suit, on this view, because should they not foreign investment will dry up, move places with lower "burdens" and leave more people jobless and poor. This argument is by no means uncontested. The opposing view .suggests that free competition for capital investment between different countries increases the dynamic efficiency of the market place. Faced with the discipline that markets enforce, countries are incentivised to invest in education, training and skills in their workforce in order to obtain a comparative advantage. Government initiative will be spurred, because rational long term investment will be perceived as the better choice to increasing regulation. This theory concludes that an emphasis on deregulation is more beneficial than not. That said, neither the International labour organization, nor the European Union takes this view.

International Labour Organisation

The International Labour Organization (ILO), whose headquarters are in Geneva, is one of the oldest surviving international bodies, and the only surviving international body set up at the time of the League of Nations following the First World War. Its guiding principle is that "labour is not a commodity" to be traded in the same way as goods, services or capital, and that human dignity demands equality of treatment and fairness in dealing within the workplace. The ILO has drawn up numerous conventions on what ought to be the labour standards adopted by countries party to it. Countries are then obliged to ratify the Conventions in their own national law. However, there is no enforcement of this, and in practice most conventions are not agreed to, even if they are adhered to.

European labour law The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week in order to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). The controversial Directive on services in the internal market (aka "Bolkestein Directive") was then passed in 2006.

British labour law The Factory Acts (first one in 1802, then 1833) and the 1832 Master and Servant Act were the first laws regulating labour relations in the United Kingdom. The vast majority of employment law before 1960 was based upon the Law of Contract. Since then there has been a significant expansion primarily due to the "equality movement" and the European Union.] There are three sources of Law: Acts of Parliament called Statutes, Statutory Regulations (made by a Secretary of State under and Act of Parliament) and Case Law (developed by various Courts). The first significant modern day Employment Law Act was the Equal Pay Act of 1970 although as it was a somewhat radical concept it did not come into effect until 1972. This act was introduced as part of a concerted effort to bring about equality for women in the workplace. Since the election of the Labour

Government in 1997, there have been many changes in UK employment law. These include enhanced maternity and paternity rights, the introduction of a National Minimum Wage and the Working Time Directive which covers working time, rest breaks and the right to paid annual leave. Discrimination law has also been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability. French labour law In France the first labour laws were Waldeck Rousseau's laws passed in 1884. Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The Grenelle accords negotiated on May 25th and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise The minimum wage was also increased by 25%. In 2000 Lionel Jospin's government then enacted the 35-hour workweek, down from 39 hours. Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing the demands of employers asking for more flexibility in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it was lending favour to contingent work. In 2006 he then attempted to pass the First Employment Contract (CPE) through a vote by emergency procedure, but that it was met by students and unions' protests. President Jacques Chirac .

United States labor law

An American builder In the United States, employers generally accepted the 8-hour day as of 1912. The Wages and Hours Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work permits, although an illegal alien may often work in the States because of compartmentalization of various bureaucratic entities. Despite the 40hour standard maximum work week, some lines of work require more than 40hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24 hours break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees can not be terminated for refusing to work more than 72 hours in a workweek. The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty," like the right to free speech, or a property interest.

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce. Title VII of the Civil Rights Act is the principal federal statute with regard to [employment discrimination] prohibiting unlawful employment discrimination by public and private employers, [labor organizations], training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial.

DIFFERENT LABOUR LAWS APPICABLE TO INDIA EXPLIANED

FACTORIES ACT, 1948.
PREAMBLE

[63 OF 1948]
An Act to consolidate and amend the law regulating labour in factories. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:-

.SHORT TITLE, EXTENT AND COMMENCEMENT. - (1) This Act may

be called the Factories Act, 1948. (2) It extends to the whole of India. (3) It shall come into force on the 1st day of April, 1949.

GENERAL DUTIES OF THE OCCUPIER. - (1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include - (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health; (b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; (c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety, of all workers at work; (d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;

(e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. (3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. GENERAL DUTIES OF MANUFACTURERS, ETC., AS REGARDS ARTICLES AND SUBSTANCES FOR USE IN FACTORIES. - (1) Every person who designs, manufactures, imports or supplies any article for use in any factory shall - (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a); (c) take such steps as may be necessary to ensure that adequate information will be available - (i) in connection with the use of the article in any factory; (ii) about the use for which it is designed and tested; and (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers : Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see - (a) that the article conforms to the same standards if such article is manufactured in India, or (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards. (2) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimization of any risks to the health or safety of the workers to which the design or article may give rise. (3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out

otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections. (4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control. (5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking. (6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article.

SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSES. - Every occupier of a factory involving any hazardous process shall - (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final; (c) Provide for medical examination of every worker - (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (ii) While continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed.

PENALTY FOR CONTRAVENTION OF THE PROVISIONS - (1) Whoever fails to comply with or contravenes any of the provisions of section 41B, 41C or 41H or the rules made there under, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.

PENALTY FOR USING FALSE CERTIFICATE OF FITNESS. - Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use to be made, by another person, shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to one thousand rupees or with both.

PENALTY FOR PERMITTING DOUBLE EMPLOYMENT OF CHILD. - If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.

LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESSES.

THE FIRST SCHEDULE
1. Ferrous metallurgical Industries - Integrated Iron and Steel - Ferro-alloys - Special Steels 2. Non-ferrous metallurgical Industries - Primary Metallurgical Industries, namely, zinc, lead, copper manganese and aluminum 3. Foundries (ferrous and non-ferrous) - Castings and forgings including cleaning or smoothing/roughening by sand and shot blasting. 4. Coal (including coke) industries. - Coal, Lignite, Coke, etc. - Fuel Gases (including Coal gas, Producer gas, Water gas) 5. Power Generating Industries 6. Pulp and paper (including paper products) industries 7. Fertilizer Industries - Nitrogenous - Phosphatic - Mixed 8. Cement Industries - Portland Cement (including slag cement, puzzolona cement and their products) 9. Petroleum Industries

- Oil Refining - Lubricating Oils and Greases 10. Petro-chemical Industries 11. Drugs and Pharmaceutical Industries - Narcotics, Drugs and Pharmaceuticals 12. Fermentation Industries (Distilleries and Breweries) 13. Rubber (Synthetic) Industries 14. Paints and Pigment Industries 15. Leather Tanning Industries 16. Electro-plating Industries 17. Chemical Industries - Coke Oven by-products and Coal tar Distillation Products - Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon-dioxide, hydrogen, sulphur-dioxide, nitrous oxide, halogenated hydro-carbon, ozone etc.) - Industrial Carbon - Alkalis and Acids - Chromates and dichromates - Leads and its compounds - Electrochemical (metallic sodium, potassium and magnesium, chlorates, per chlorates and peroxides) - Electro thermal produces (artificial abrasive, calcium carbide) - Nitrogenous compounds (cyanides, cyan amides and other nitrogenous compounds) - Phosphorous and its compounds

- Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine) - Explosives (including industrial explosives and detonators and fuses) 18. Insecticides, Fungicides, herbicides and other Pesticides Industries 19. Synthetic Resin and Plastics 20. Man-made Fibre (Cellulosic and non-cellulosic) Industry 21. Manufacture and repair of electrical accumulators 22. Glass and Ceramics 23. Grinding or glazing of metals 24. Manufacture, handling and processing of asbestos and its products 25. Extraction of oils and fats from vegetable and animal sources 26. Manufacture, handling and use of benzene and substances containing benzene 27. Manufacturing processes and operations involving carbon disulphide 28. Dyes and Dyestuff including their intermediates 29. Highly flammable liquids and gases. Sch. II

PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT. THE SECOND SCHEDULE
PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT
Sl. No. Substance Permissible limits of exposure

a 1

a 2

TimeShort-term Weighted exposure average (TWA) (STEL) limit (15 concentration min.) (TWA) PPm mg/m3 PPm mg/m3 3 100 10 750 01 2 1 0.25 2 0.1 10 1 0.1 800 200 150 50 200 0.5 4 180 25 1780 0.25 4.5 0.25 3 18 10 0.5 0.2 30 0.002 3 0.7 1900 590 710 150 950 1.5 0.05 2 5 0.1 5 150 15 1000 0.3 2 35 0.3 300 200 6 270 37 2375 0.8 6 27 2 885 950 -

1 Acetaldehyde 2 Acetic Acid 3 Acetone 4 Acrolein 5 Acrylonitrile-skin (S.C) 6 Aldrin-skin 7 Allyl Chloride 8 Ammonia 9 Aniline-skin Anisidine 10 (O.P.isomers)-skin Arsenic & Soluble 11 compounds (as As) 12 Benzene (S.C) Beryllium & 13 Compounds (as Be) (S.C) 14 Boron trifluoride C 15 Bromine 16 Butane 2-Butanone (Methyle 17 ethyle Ketone MEK) 18 N-Butyl acetate 19 N-Butyl alcohol-skin-C 20 Sce/tert, Butyl acetate 21 Butyl Mercaptan Cadmium-dust and 22 salts (as Cd) 23 Calcium oxide 24 Carbaryl (Sevin) 25 Carbofuran (Furadan)

26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51

Carbon disulphideskin Carbon monoxide Carbon tetrachlorideskin (S.C.) Chlordane-skin Chlorine Chlorobenzene (monochlorobenzene) Chloroform (S.C.) bis-(Chloromethyl) ether (H.C.) Chromic acid and chromates (as Cr) (Water soluble) Chromous Salts (as Cr) Copper fume Cotton dust, raw Cresoal, all isomersskin Cyanides (as Cn)-skin Cyanogen DDT (Dichlorodiphenyl Trichloroethane) Demeton-skin Diazinon-skin Dibutyl Phythalate Dichlorous (DDVP)skin Dieldrin-skin Dinitrobenzene (all isomers)-skin Dinitrotoluene-skin Diphenyl (Biphenyl) Endosulfan (Thiodan)skin Endrin-skin

10 50 5 1 75 10 0.001 5 10 0.01 0.15 0.2 -

30 55 30 0.5 3 350 50 0.005 0.05 0.5 0.2 0.2 22 5 20 1 0.1 0.1 5 1 0.25 1 1.5 1.5 0.1 0.1

400 3 -

440 2 9 -

52 Ethyl acetate 53 Ethyl alcohol 54 Ethylamin 55 Fluorides (as F) 56 Fluorine 57 Formaldehyde (S.C.) 58 Formic Acid 59 Gasoline 60 Hydrazine-skin (S.C.) 61 Hydrogen Chloride-C Hydrogen Cyanide 62 skin-C Hydrogen Fluoride (as 63 F)-C 64 Hydrogen Peroxide 65 Hydrogen Sulphide 66 Iodine-C Iron Oxide Fume 67 (F0203) (as Fe) 68 Isoamyl acetate 69 Isoamyl alcohol 70 Isobutyl alcohol Lead, inorg, dusts, 71 dusts and fumes (as Pb) 72 Lindane-skin 73 Malathion-skin Manganese dust and 74 compounds (as (Mn)C Manganese Fume (as 75 Mn) 76 Mercury (as Hg)-skin a (i) Alkyle compounds (ii) All forms except a alkyle vapour (iii) Aryle and a inorganic compounds

400 1000 10 1 1.0 5 300 0.1 5 10 3 1 10 0.1 100 100 50 a -

1400 1900 18 2.5 2 1.5 9 900 0.1 7 10 2.5 1.5 14 1 5 525 360 150 0.15 0.5 10 5 1 a 0.01 0.05 0.1

2 2 500 A 15 125 A -

4 3 1500 A 21 450 3 A 0.03 -

77 78 79 80 81 82 83 84 85 86 87 88 89 90

Methyl alcohol (Methanol)-skin Methyl cellosolve (2methoxyethanol)-skin Methyl isobutyl Ketone Methyl Isocyanateskin Naphthalene Nickel carbonyl (as Ni) Nitric acid Nitric Oxide Nitrobenzene-skin Nitrogen dioxide Oil mist mineral Ozone Parathion-skin Phenol-skin Phosgene (Carbonyl Chloride) Phosphine Phosphoric acid Phosphorus (yellow) Phosphorus pentachloride Picric acid-skin Pyridine Silans (silicon tetrahydride) Styrene, monomer (phanylethlene)

200 5 50 0.02 10 0.05 2 25 1 3 0.1 5 0.1 0.3 0.1 0.2 5 5 50

260 16 205 0.05 50 0.35 5 30 5 6 5 0.2 0.1 19 0.05 0.4 0.4 1 0.1 1 1.5 0.1 15 7 2 215

250 75 15 4 5 0.3 A 0.2 1 0.5 100

310 300 75 10 10 10 0.6 A 1 3 3 0.3 425

91 Phorate (Thimet)-skin 92 93 94 95 96

97 Phosphorus trichloride 98 99 100

101 Sodium hydroxide-C 102

103 105 106 107 108 109 110 111

Sulphur dioxide Sulphuric acid Tetraethyl lead (as Pb) - Skin Toluene (Toluol) O-Toluidine-skin (S.C.) Tributylphosohate Trichloroethylene Uranium natural (as U) Welding fumes Xylene (O-m-Pisomers) Zinc oxide (i) Fume (ii) Dust (Total dust) Zirconium compounds (as Zr)

2 1000 100 2 0.2 50 5 100 d -

5 6000 1 0.1 375 9 2.5 270 0.2 10 5 435 a 5.0 10.00 5

5 150 200 150 A -

10 560 1080 0.6 655 A 10 10

104 Sulphur hexafluoride

112 Vinyl Chloride (H.C.) 113 114 115 f d 116

THE THIRD SCHEDULE

LIST OF NOTIFIABLE DISEASES 1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 2. Lead tetra-ethyl poisoning 3. Phosphorus poisoning or its sequelae. 4. Mercury poisoning or its sequelae. 5. Manganese poisoning or its sequelae. 6. Arsenic poisoning or its sequelae.

7. Poisoning by nitrous fumes. 8. Carbon disulphide poisoning. 9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae. 10. Chrome ulceration or its sequelae. 11. Anthrax. 12. Silicosis. 13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 14. Pathological manifestations due to (a) radium or other radio-active substances. (b) X-rays. 15. Primary epitheliomatous cancer of skin. 16. Toxic anemia. 17. Toxic jaundice due to poisonous substances. 18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 19. Byssionosis. 20. Asbestosis. 21. Occupational or contract dermatitis caused by direct contract with chemicals and paints. These are of two types, that is primary irritants and allergic sensitizers. 22. Noise induced hearing loss (exposure to high noise levels). 23. Beriyllium poisoning. 24. Carbon monoxide 25. Coal miners' pnoumoconiosis.

26. Phosgene poisoning. 27. Occupational cancer. 28. Isocyanates poisoning. 29. Toxic nephirits.

INDUSTRAIL DISPUTE ACT

PREAMBLE

[14 OF 1947]
An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Whereas it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing: DEFINITIONS. - In this Act, unless there is anything repugnant in the subject or context, - (a) "appropriate Government" means - (i) in relation to any industrial

disputes concerning any industry carried on by or under the authority of the Central Government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government or in relation to an industrial dispute concerning Dock Labour Board established under section 5-A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956), or the Employees' State Insurance Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3-A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5-A and section 5-B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956), or the Deposit Insurance and Credit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 196 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16 of the Food Corporations Act, 1964 (37 of 1964), or the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994), or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited, or the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987) or the Banking Service Commission established under section 3 of the Banking Service Commission Act, 1975, or an air transport service, or a banking or an insurance company, a mine, an oil-field, a Cantonment Board or a major port, the Central Government.

25R. PENALTY FOR CLOSURE. - (1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. (2) Any employer, who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine

which may extend to two thousand rupees for every day during which the contravention continues after the conviction. PENALTY FOR LAY-OFF AND RETRENCHMENT WITHOUT PREVIOUS PERMISSION. - Any employer who contravenes the provisions of section 25M or of section 25N shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. PENALTY FOR COMMITTING UNFAIR LABOUR PRACTICES. - Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. PENALTY FOR ILLEGAL STRIKES AND LOCK-OUTS. - (1) Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. (2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. PENALTY FOR INSTIGATION, ETC. - Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable With imprisonment for a term which may extend to six months, or with fine which may ex. Thousand rupees, or with both. PENALTY FOR GIVING FINANCIAL AID TO ILLEGAL STRIKES AND LOCKOUTS. - Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. PENALTY FOR BREACH OF SETTLEMENT OR AWARD. - Any person who commits a breach of anyterm of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realized from him shall be paid, by way of compensation. PENALTY FOR DISCLOSING CONFIDENTIAL INFORMATION. Any person who, in its opinion, has been injured by such breach.

- Any person who willfully discloses any such information as is referred to in

section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. PENALTY FOR CLOSURE WITHOUT NOTICE. - Any employer who closes down any undertaking without complying with the provisions of section 25FFA shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

PENALTY FOR OTHER OFFENCES . - (1) Any employer who

contravenes the provisions of section 33 shall be Punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever contravenes any of the provisions of this Act or any rule made there under shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine which may extend to one hundred rupees.

FIRST SCHEDULE INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (VI) OF CLAUSE (N) OF SECTION 2 [See section 2(n) (vi)] 1. Transport (other than railways) for the carriage of passengers or goods by

land or water. 2. Banking. 3. Cement. 4. Coal. 5. Cotton textiles. 6. Foodstuffs. 7. Iron and steel. 8. Defence establishments. 9. Service in hospitals and dispensaries. 10. Fire brigade service. 11. India Government Mints. 12. India Security Press. 13. Copper Mining. 14. Lead Mining. 15. Zinc Mining. 16. Iron Ore Mining. 17. Service in any oil field. 18. Omitted 19. Service in uranium industry. 20. Pyrites mining industry. 21. Security Paper Mill, Hoshangabad. 22. Services in Bank Note Press, Dewas. 23. Phosphorite mining. 24. Magnesite Mining.

25. Currency Note Press. 26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like. 27. Service in the International Airports Authority of India. 28. Industrial establishments manufacturing or producing Nuclear Fuel and Components, Heavy Water and Allied Chemicals & Atomic Energy.

SECOND SCHEDULE
MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS
1. The propriety or legality of an order passed by an employer under the standing orders; 2. The application and interpretation of standing orders; 3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed; 4. Withdrawal of any customary concession or privilege; 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those specified in the Third Schedule.

THIRD SCHEDULE
MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS
1. Wages, including the period and mode of payment; 2. Compensatory and other allowances;

3. Hours of work and rest intervals; 4. Leave with wages and holidays; 5. Bonus, profit sharing, provident fund and gratuity; 6. Shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Rules of discipline; 9. Rationalisation; 10. Retrenchment of workmen and closure of establishment; and 11. Any other matter that may be prescribed.

FOURTH SCHEDULE
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
1. Wages, including the period and mode of payment; 2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force; 3. Compensatory and other allowances; 4. Hours of work and rest intervals; 5. Leave with wages and holidays; 6. Starting, alternating or discontinuance of shift working otherwise than in accordance with standing orders; 7. Classification by grades; 8. Withdrawal of any customary concession or privilege or change in usage; 9. Introduction of new rules of discipline, or alteration of existing rules except insofar as they are provided in standing orders;

10. Rationalization, standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen

[THE FIFTH SCHEDULE [See Section 2(ra)] Unfair Labour Practices I.1. On the part of employers and trade unions of employers To interfere with, restrain from, or coerce, workmen in the exercise of, their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say: (a) threatening workmen with discharge or dismissal, if they join a trade union; (b) threatening a lock-out or closure, if a trade union is organized; (c) granting wage increase to workmen at crucial periods of trade union organization, with a view to undermining the efforts of the trade union organization. 2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say :(a) an employer taking an active interest in organizing a trade union of his workmen; and (b) an employer showing partiality or granting favour to one of several trade unions attempting to organize his workmen or to its members, where such a trade union is not a recognized trade union. 3. 4. To establish employer sponsored trade unions of workmen. To encourage or discourage membership in any trade union by discriminating against any workman, that is to say :(a) discharging or punishing a workman, because he urged other: workmen to join or organize a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Act); (c) changing seniority rating of workmen because of trade union activities;

CONTRACT LABOUR (REGULATION AND ABOLITION)ACT,1971

Short title, extent, commencement and application.(1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970. (2) It extends to the whole of India. (3) It shall come into force' on such date- as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. (4) It applies-

(a) to every establishment in which twenty or more workmen, art employed or were employed on any day of the preceding twelve months as contract labour ; (b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen : Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification. (5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed. (b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the Central Board or, as the case may be, a State Board, and its decision shall be final. Explanation.- For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature(i) if it was, performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is of a seasonal character and is performed for more than sixty days in a year. Note.- The Act came into force on l0th February, 1971, vide Noti No. G. S. R. 190, dated Ist February, 1971, and published in Gazette of India, Extra., Part II, Section 3(i),dated February 10, 1971, p.173. Validity.- Object and purpose of the Act-Application of the Act to pending construction works does not amount to unreasonable restriction on the right under Act 19(1) (g).The whole statute is constitutional and valid. Gammon India Ltd. v. Union of India, 1974 SCC (L & S) 252. S.1- Applicability- Where the dispute relates to service conditions of the workmen engaged in the factory canteen maintained by the company and there is no question of abolition of contract labour, the dispute can be referred to the industrial Tribunal for adjudication Indian Explosives Ltd. v. State of u. P., (1981) 1 LLJ 423 (All H.C.)

MINIMUM WAGE ACT 1948

Preamble
[15th March, 1948] An act to provide for fixing minimum rate of wages in certain employments. Where it is expedient to provide for fixing minimum rates of wages in certain employments: It is hereby enacted as follows: "The justification for statutory fixation of minimum wages is obvious. Such provision which exists in more advanced countries are even more necessary in India, where workers organizations are yet poorly developed and worker's bargaining power is consequently poor." (Gazette of India).

1. Short title and extent (1) This Act may be called the Minimum Wages Act 1948. (2) It extends to the whole of India.

2.Definitions.(1) In this Act, unless the context otherwise requires,1a [(a) 'appropriate Government' means,(i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government; (ii in relation to any other establishment, the Government of the ) State in which that other establishment is situate ;]. (b) 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; "contractor", in relation to an establishment, means- a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor ; NOTES S.2 (1)(c)-Contractor engaged for construction of building is covered by S. 2(c).Gammon India Ltd. v. Union of India, (1974) 1 SCC 596: 1971 SCC (L & S) 252. Ss. 2(1)(c) & 12-Where a person undertook to collect and manufacture quarry products for and on behalf of railways by engaging workmen to carry out his contract works under the railway establishment, the workmen employed by him form such work are to be deemed as "contract labour" as provided under S.2(1)(b). The supply of such quarry products would produce a given result for the establishment., thus he fulfils all requirements of a "contractor" under S. 2

(c)

(1)(c) and therefore, is obliged to take licence under S. 12(1). H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati). (d) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient client in the public interest; "establishment" means(i) any office or department of the Government or a local authority, or (ii any place where any industry, trade, business, manufacture or ) occupation is carried on ; NOTES S.2 (1)(c)-'Contractor' is one who supplies contract labour to an establishment undertaking to produce a given result for it. He hires labour in connection with the work of an establishment. State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC). S. 2 (2) (C)-Sub-contractors or 'piece wagers', are contractors. Labourers Working on Salal Hydro Project v. State of J & K, (1983)/2 SCG 181. S.2 (1)(e)(ii)-A ship or vessel in which repair work is carried on is a place and an "establishment" within the meaning of S. 2 (1) (e) (ii). The work site or place may or may not belong to the principal employer, but that will not stand in the way of application of the Act or in holding that a particular place or work site where industry, trade, business, manufacture or occupation is carried on is not an establishment. Lionel Edwards Led. v. Labour Enforcement Officer, (1977) 51 FJR 199 (Cal). S.2(1)(e)(ii)-Any object for the time being covering the surface and where industry, trade, business, manufacture or occupation is carried on would be a place under S.2(1)(e)(ii). A ship anchored or berthed in a port would be a work site and the workmen employed for loading and unloading of the cargo, security, repairs to the ship would be all in connection with the business or trade. The Docks in which a ship may be berthed is controlled by the Port

(e)

Authorities and the ship owners' agents would be unable to provide facilities for canteens, rest rooms etc. But these defects cannot be ground for totally excluding a ship in a port from the ambit of "establishment". Lionel Edwards Ltd. v, Labour Enforcement Officer, (1978) 53 FJR 116 (Cal DB). (f) (h) (i) "prescribed" means prescribed by rules made under this Act; "wages" shall have the meaning assigned to it in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (4 of 1936); "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semiskilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person(A) who is employed mainly in a managerial or administrative capacity; or (B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by' reason of the powers vested in him, functions mainly of a managerial nature; or (C) who is an out worker, that is to say, a person to whom any articles and materials are given out by or on behalf of' the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the .trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer . (2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, In relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. Note :-Held, the fact the work of the contractor is away from the establishment does not make it out of "work of any establishment" in S. 2(1)(c)-Construction of building for the principal employer at a new place is "work of that establishment"Expression ."work of an establishment "used in the definition of workmen" or "Contractor" is not the same as the expression "other work in any establishment" in S. 10-Workman need not be doing same as or incidental to that' of principal employer. Gammon India Ltd. v. Union of India, 1974 SCC (L & S) 252.

FINDINGS
From the study I have found following points requiring immediate action: Most of the compliances required are available on record and are being carried out as per statutory requirement. However, some forms such as Form VI under the Contract Labour (Regulation & Abolition) Act are not being maintained regularly. SUFFICIENT SPITONS Sufficient number of spittoons should be provided as enumerated in the West Bengal Factory Rules, to keep the premises clean.

BIBLOGRAPHY
1-THE WEST BENGAL FACTORIES RULE, 1958 -----T.N.SUKLA 2-GOGLE SEARCH ENGENE 3-WIKIPEDIA 4-FACORIES ACT 5-INDUSTRIAL DISPUTE 7-SWAGAT -EXCLUSIVE MAGAZENE FOR INDIAN AIRLINES 8-CRUSING HEIGHTS MAGAZENE 9-BUSINESS TODAY-A FORTNIGHTLY MAGAZWNE 10-ANNUAL REPORT OF INDIAN AIRLINES 11-MONTHLY JOURNAL-IMAGE

12-PRESS RELEASES-MINISTRY OF CIVIL AVIATION