Labour law advisors are professionals who specialise in providing expert guidance and support to employers & employees on various aspects of labour laws in a specific country or region. They help clients navigate the complex legal landscape related to employment, working conditions, and the rights and obligations of employers and employees. Labour law advisors also help clients understand and comply with relevant laws and regulations to support the resolution of labour disputes.
Labour law is the body of laws, regulations, and judicial decisions that govern the relationship between employers, employees, trade unions, and the government. It aims to:
Protect the rights and interests of workers
Ensure fair and equitable working conditions
Promote safety and health in the workplace
Regulate employment practices
Facilitate collective bargaining and dispute resolution.
Contractual Labour Law
Regulates the employment of temporary or contract workers, ensuring their rights and preventing exploitation.
Industrial Law
Governs the relationship between employers and employees in organised industries, covering wages, working hours, strikes, and lockouts.
Social Security Law
Provides social security benefits to employees, including provident funds, health insurance, and maternity benefits.
Occupational Safety and Health Law
Mandates workplace safety standards and regulations to protect workers from health hazards and accidents.
Equal Opportunity Law
Prohibits discrimination based on factors like caste, religion, gender, or disability, ensuring fair and equal treatment for all employees.
Child Labour Law
Prohibits child labour and regulates working conditions for minors, protecting their well-being and education.
Minimum wage
Every employee is entitled to a minimum wage per their skill level and industry.
Working hours
The maximum working hours per week are 48, with a daily limit of 9 hours. Overtime pay is mandatory for work beyond these limits.
Leave
Employees are entitled to various types of leave, including earned, casual, sick, and maternity leave.
Termination
Employers must follow specific procedures for terminating employment, including providing notice and severance pay.
Protection from discrimination
Employees are protected from discrimination based on caste, religion, gender, or disability.
Right to form unions
Employees can form trade unions and bargain collectively with their employers for better working conditions.
Employers in India have a legal obligation to comply with various labour laws and regulations. Here are essential compliances:
Registration with relevant authorities
Establishments must register under various labour laws, such as the EPF Act, ESI Act, and Shops and Establishments Act.
Maintaining proper records
Employers must maintain accurate records of employee wages, working hours, leave, and other relevant details.
Filing regular returns
Employers must file regular returns with various authorities, such as the EPFO, ESIC, and the Shops and Establishments Department.
Providing statutory benefits
Employers must provide statutory benefits like provident fund, health insurance, and maternity leave, as mandated by law.
Complying with safety regulations
Workplaces must comply with safety regulations and provide employees with a safe and healthy working environment.
India has undergone significant labour reforms, consolidating over 40 central labour laws into four comprehensive labour codes:
Code on Wages, 2019
Industrial Relations Code, 2020
Social Security Code, 2020
Occupational Safety, Health and Working Conditions Code, 2020