Labour Case

Labour case lawyers, also known as employment lawyers or industrial relations lawyers, specialize in representing individuals or organizations in legal matters related to employment and labor law. They handle cases involving disputes between employers and employees, ensuring that both parties adhere to the legal rights and obligations outlined in labor laws. In India, labor laws are primarily governed by various acts and statutes. Here are some key sections related to labor cases under Indian law:

1. Industrial Disputes Act, 1947:

   • This act provides for the investigation and settlement of industrial disputes between employers and employees. Key sections include:
     • Section 2(k): Definition of “industrial dispute”.
     • Section 10: Reference of disputes to Boards, Courts, or Tribunals.
     • Section 25C: Conditions precedent to retrenchment of workmen.
     • Section 25F: Conditions precedent to retrenchment.

2. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952:

   • This act establishes a provident fund for employees and governs matters related to it. Notable sections include:
     • Section 6: Determination of moneys due from employers.
     • Section 7A: Special provisions in respect of existing provident funds.

3. Payment of Gratuity Act, 1972:

   • This act provides for the payment of gratuity to employees upon their retirement or resignation. Relevant sections include:
     • Section 2(e): Definition of “continuous service”.
     • Section 4: Payment of gratuity.

4. Factories Act, 1948:

   • This act regulates the working conditions in factories. It includes provisions for health, safety, welfare, and employment of workers. Key sections include those regarding hours of work, employment of young persons, and safety measures.

5. Minimum Wages Act, 1948:

   • This act sets the minimum rates of wages for specified employment. Sections include those related to fixing and revising wages, and payment of overtime.

6. Maternity Benefit Act, 1961:

   • This act regulates the employment of women in certain establishments for a specific period before and after childbirth. Relevant sections include those pertaining to maternity benefit, nursing breaks, and notice of pregnancy.

7. Payment of Bonus Act, 1965:

   • This act provides for the payment of bonus to employees in certain establishments. Sections include those related to eligibility for bonus, computation of bonus, and maintenance of records and registers.

8. Trade Unions Act, 1926:

   • This act provides for the registration of trade unions and certain rights and immunities to registered trade unions. It includes sections regarding registration, rights and liabilities of registered trade unions, and penalties.

9. Contract Labour (Regulation and Abolition) Act, 1970:

   • This act regulates the employment of contract labor in certain establishments. It includes sections related to registration of establishments, licensing of contractors, and welfare and health measures for contract labor.

10. Equal Remuneration Act, 1976:

    • This act provides for the payment of equal remuneration to men and women workers for the same work or work of similar nature. It includes sections related to the prohibition of discrimination in matters of employment.

11. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

    • This act provides protection against sexual harassment of women at workplaces and for the prevention and redressal of complaints of sexual harassment. It includes sections pertaining to the constitution of Internal Complaints Committees.