Labour Laws Final

8/9/2019 Labour Laws Final

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The Contract Labour Act, 1970

This act applies all over India to every establishment and contractors who employ

on any day 20 or more persons during the preceding 12 months as contract labour.

The act does not cover persons who are employed:

Mainly in managerial and administrative capacities;

As supervisors with salaries and wages exceeding Rs. 500 pm; and / or

Those workers who are given materials or articles for processing or

manufacturing in their own homes.


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Hung r Strik is r s rt t i nstil sy at y int t art f t l y r

and t attract t r rk rs and ublic in g neral.

annot bedescribed as an act of isconduct rovided it is of a non violent

nature.

Funda ental rig t to resort to Satyagra a or Hunger Strike.

Any orker attempting suicideunder unger strike is liable tobepunis edic canextendup to imprisonment or fine.


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Picketing is atc ing anddissuading t ose o ant to go to ork during a

strike.

y et odofdra ing attentionof t epublic t at t ere is a disputebet een

t eemployer and labour.

y Picketing en carriedout peacefully is a qualified rig t and s ouldbe free

from intimidation, coercion, fraud, t reat and violence

y Rig t of freedomof speec andexpressiondoes not entitle a person to

inciteot ers to commit offense.


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G erao is a physical blockadeof a target by encirclement intended toblock

a particular office, residenceor forcibleoccupation.

y Accompaniedby assault, criminal trespass, mischief toperson andproperty etc.

y It is resorted to inorder to achieve theobjectivenot by special means but

by violence.

y It is unjust, anti social andmost condemnablebreachofdiscipline in any

undertaking.


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Go Slow is tactics usedby workerswhere they intentionally reduce the

speedofwork to reduceproductionor efficiencywhilepretending tobe

engaged in factory.

y Is an alternative to strikewhenuniondoes not want to resort to full

fledged strikebut at the same time take alternative action.

y Less risky but equally effective.

y Is a serious misconduct sinceemployees claim tohave remainemployed

and areentitled to full wages.


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Strike refusal under a commonunderstanding by number ofpeople to

continuework or accept employment.

y It can take various shapes likependown, sit down, hunger, mass casual

leaveetc.

y It is not illegal but is regarded as amisconduct and calls for a disciplinary

action.

y Best possibleway to avoid a strike is to keep a watchonday today

activities of theunionworkers so that a sudden strikewithout notice can

be avoided.


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Basic perquisites ofdiscipline in the industry setting

y Goals or objectives.

y Rules andRegulations.

y ommunication.

y Theprocedure for appeal.

y Quantumofpunishment.

y Rules of conduct.


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Case Study

The rise of the Bangladesh Independent Garment Workers Union (BIGU)

Historical background

y Partitionof Bengal in .

y Post independence.

Theexport garments industry

y Collaborationbetween anentrepreneur and a South Korean conglomerate Daewoo.

y Adecade later, almost .4 millionworkers wereemployedout ofwhich 8 % were female.

y Issues:

anagement expectedworkers towork till 4 hrs a day, days a week

Harsh formofdiscipline and supervisionwas carriedout

Absenteeismof adequate facilities and ventilation

Lowwages.


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Outcome

y Underground activities which lead to forming tradeunion.

y Limitedoutreach for labour movement in Bangladesh for women.

y Diverse facilities like seminars, libraries anddiscussions.

y Substantial contributionby NGOs.

y Thus BIGUwas formed in 4 andhas sincebecome the largest andsuccessful garment union in Bangladesh.


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BIGU strategy

y Direct participation ineducativeprogrammes.

y Actual useof labour laws to address industrial issues.

y Never reliedon rallies anddemonstrations.

y Established its ownpublication voiceof theworker.

y Legal andmedical assistance toworkers.

y Basic literacy skills.

y Every worker tohave a copy of theunions constitution and a handbook onworkers

right which informs them about the labour laws in the country.

Conclusion

y BIGU thus remains an important event in thehistory ofwomens more general

socio cultural status in Bangladesh.

Documents

Labour Laws Final