Labour Laws in Indian are not amended or updated very frequently, still Government is looking into the laws and is identifying the clauses which need great attention and need to be amended as per prevailing conditions. Many professionals and students often search and ask for the latest amendments and updates on Labour Laws in India. Following are some changes made in Labour Laws:-
Industrial Disputes Act(1947):
In the amendment to the Industrial Disputes Act, wherein the definition of a workman now includes a supervisor drawing a salary upto Rs. 10,000 p.m. and any person performing supervisory functions but being paid below Rs. 10,000 p.m. would be treated as workmen. In Maharashtra, where such workmen get protection of the MRTU & PULP Act, it means that termination of the supervisors can also become an industrial dispute and they would be workmen for all practical purposes. This is an important change, though many supervisors are paid in excess of Rs. 10,000/- this change is worthy of notice. The import of some of the amendments are below:
(i) The definition of ‘Appropriate Government’. Has been amplified.
(ii) While The definition of workmen remains the same, section 2(s)(iv)has been amended to exclude a person who is employed in a Supervisory capacity draws wages exceeding Rs.10,000/- per month from the definition of ‘workmen’. Earlier the wage limit was Rs.1600/- per month in other states and Rs. 6,500 in Maharashtra.
The rest of the definition (i.e., or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature) remains unchanged.
(iii) A grievance redressal machinery in an establishment having 20 or more workmen with one stage appeal to the employer has been provided.
(iv) In cases of retrenchment, discharge, dismissal or termination of services, the workman can directly apply to Labour Courts/Tribunals after expiry of 45 days from the date he has made the application for reinstatement to the conciliation officer. The outer limit to approach the Labour Court or the Industrial Tribunal is 3 years from the date of the dispute, termination, retrenchment etc.
Under the gratuity Act, the ceiling of Rs.3.5 lakhs has been increased to
Rs.10,00,000/- with effect from 24.05.2010.
The Workmen’s Compensation (Amendment) Act(1923), 2009:
Workmen’s Compensation Act is now Employees Compensation Act, 1923 and the definition of employee includes clerical employees & casual employees also. Further,
the minimum compensation limits on no-fault basis are increased to Rs.1,20,000 & 1,40,000 (erstwhile limits being Rs. 80,000 & 90,000).
under the maximum compensation limit, the monthly wage limit of Rs.4,000/ is removed. hence, the maximum compensation can go UPTO 50% of Total Monthly Wages now, irrespective of limits [now a new ceiling of Rs.8000/- is introduced].
Funeral expenses limit extended to Rs.5000 (from Rs.2,500)
The employee shall be reimbursed the actual (full) medical expenditure incurred by him for treatment of injuries caused during the course of employment.
Time limit for disposal of cases relating to compensation introduced- The Commissioner shall dispose of the matter relating to compensation within 3 months of reference.
Old definition: "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is….
New definition: Section 2
“(dd) “employee” means a person, who is—
(i) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in Schedule II; or
(ii) (a) a master, seaman or other members of the crew of a ship,
(b) a captain or other member of the crew of an aircraft,
(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle.
(d) a person recruited for work abroad by a company,
and who is employed outside India in any such capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in India; or
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been” injured shall, where the employee is dead, include a reference to his dependants or any of them.
Proposal to raise ceiling under PF ACt to Rs. 10,000 p.m.:
There is a proposal to raise the PF limits for coverage to Rs. 10,000 from the current Rs. 6,500 p.m.
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