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The subject "Labour" falls under the concurrent list of the Constitution of India. Therefore, states and centre both reserves right to frame laws related to labourers. Presently, there are over 200 state laws and close to 50 central laws governing the labour, their wages, security and other matters related to the labourers. And yet there is no set definition of “labour laws” in the country. In order to facilitate the ease of doing business and enable uniform labour laws, the government is set to overhaul the existing labour laws. In the process, "The code on wages" has already received the assent of the President on 8 Aug 2019, and will be enacted from the date notified by the government through an official gazette. [ Most probably from 1st April 2021]. Along with the code, there are 3 other laws which consolidate the existing 29 labour laws.
The Code on Wages will replace
Payment of Wages Act, 1936;
Minimum Wages Act, 1948;
Payment of Bonus Act, 1965; and
Equal Remuneration Act, 1976
Occupational Safety, Health and Working Conditions Code will replace
Factories Act, 1948;
Mines Act, 1952;
Dock Workers (Safety, Health and Welfare) Act, 1986;
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996;
Plantations Labour Act, 1951;
Contract Labour (Regulation and Abolition) Act, 1970;
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979;
Working Journalist and other Newspaper Employees (Conditions of Service and Miscellaneous Provision) Act, 1955;
Working Journalist (Fixation of Rates of Wages) Act, 1958;
Motor Transport Workers Act, 1961;
Sales Promotion Employees (Condition of Service) Act, 1976;
Beedi and Cigar Workers (Conditions of Employment) Act, 1966; and
Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
Industrial Relations Code will replace
Trade Unions Act, 1926;
Industrial Employment (Standing Orders) Act, 1946, and
Industrial Disputes Act, 1947
Code on Social Security will replace
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952;
Employees’ State Insurance Act, 1948;
Employees’ Compensation Act, 1923;
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959;
Maternity Benefit Act, 1961;
Payment of Gratuity Act, 1972;
Cine-workers Welfare Fund Act, 1981;
Building and Other Construction Workers’ Welfare Cess Act, 1996; and
Unorganised Workers Social Security Act, 2008
In spite of the tremendous efforts, there are certain laws which have not been repealed are following.
Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
Apprentices Act, 1961
Bonded Labour System (Abolition) Act, 1976
Child and Adolescent Labour (Prohibition and Regulation) Act 1986
Public Liability Insurance Act 1991
Dock Workers (Regulation of Employment) Act 1948
Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act 1997
Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948
Provident Funds Act, 1925
Seamen’s Provident Fund Act, 1966
Sexual Harassment at Workplace Act, 2013
Boilers Act, 1923
Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
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