Labor Laws and Unions

LABOUR LAWS AND UNIONS

PRESENTED BY:

MS.ANU SARANNYA

M.SC(N) II YEAR

APOLLO COLLEGE OF NURSING

TERMINOLOGIES

Acts - Framed by the Legislature, i.e., the Parliament or the State legislature.

Rules - Framed by the executive under the provisions of the relevant Acts.

LAW

The word law is derived from its tentoric root lag which means something which lies fixed or events.

Law means a body of rules to guide human action.

SOURCES OF LAW

COMMON LAW

CONSTITUTIONAL LAW

ADMINISTRATIVE LAW

PURPOSE

To make nurses understand • Legal responsibilities• Line of authority of enforcement • Areas of nursing which may create legal

problems To protect the right of

• Clients and nurses

Cont…….

To Protect the nursing practise To identify the risk of liability To assist in decision making

SAFEGUARDING THE NURSES

Licensure Good Samaritan law Good rapport Standards of care Standing orders Consent Documentations

The Factories Act, 1948

The Factories Act 1948

What is a factory? Factory means a premises where a

manufacturing process is carried out

and 10 or more workers are working with the

aid of power

or 20 or more workers are working without

the aid of power.


Worker A worker is a person who is: directly employed indirectly employed with wages without wages with the knowledge of the employer without the knowledge of the employer


Occupier: the person who has the ultimate control over the affairs of the factory, provided that in the case of a company, any one of the directors shall be deemed to be be the occupier.

Manager: the person responsible to the occupier for the working of the factory for the purpose of the Act.

The Factories Act 1948Health of the workers provisions of this act to;

• Keep its premises clean.• Dispose of wastes and effluents.• Maintain adequate temperature and

ventilation.• Prevent accumulation of dust and fumes.• Artificial humidification• Avoid overcrowding.( 9.9 & 14.2 cubic

meters / worker measured up to 4.2 meters height )

• Provide sufficient lighting, drinking water,toilets, spittoons etc.


Safety of workers

Factory to take appropriate measures as per the provisions of this act to;• Fence certain machinery.• Protect from machinery in motion.• Protection of young persons from dangerous

machinery. • Maintain hoists and lifts in good conditions.• Protect from injury to eye.


Safety of workers (contd.)

Protect from dangerous, dust, gas fumes and vapours.

Protect from fire.


Welfare of workers Factory to make provision for:

• Washing.• Sitting while at work.• Storage of clothes and belongings.• First aid boxes.• Canteen. • Rest rooms and lunch rooms. • Crèches. • Welfare officers


Working hours for adults Not more than 48 hours in a week. (75 with OT) Not more than 9 hours in a day. An interval of rest at least half an hour after 5

hours work. Total period of work including rest interval not

to exceed 10 hours and 30 minutes. A holiday for a whole day in every week.


Working hours for adults (contd.)

OT not to exceed 50 hours in a quarter. After 9 hours work in a day or 48 hours in a

week, overtime at double the rate to be paid.

A woman worker can not be employed between 7 p.m. and 6 a.m.


Working hours for children Employment of children below 15 totally

prohibited. A child between the age of 15 and 18 can be

employed for a period of 4 hours and 30 minutes. Such child can not be employed between 10 p.m

and 6 a.m. child to carry certificate of fitness issued by

certifying surgeon.


Working hours for children ... A register to be maintained for child labour. A child between the age of 15-18 can be

employed as an adult provided he carries a certificate of fitness for full days work.

The Factories Act 1948Leave Annual leave with wages @ one day for every 20

days of work performed by him in the previous calendar year provided he has worked for more than 240 days in the previous year.

Leave not more than three times in a calendar year.

For child leave allowed on the same basis but @ one day for every 15 days of work.


Leave (contd.)

Accumulation of leave permitted up to 30 days for adults and 40 days for a child.

Leave will be exclusive of holidays occurring during or at either end of the leave period.

E

PAYMENT OF WAGES ACT, 1936


An Act to regulate the payment of wages to certain classes of persons

Extends to the whole of India Responsibility of payment wages rests with

the employer Employer to fix Wage Period No wage period shall exceed one month.


Time of Payment of wages If less than 1000 persons employed

wages to be paid before the expiry of the 7th day of the following month

If more than 1000 persons employed wages to be paid before the expiry of the 10th day of the following month


Wages should be paid in currency coins or currency notes

After obtaining the authorisation either by cheque or by crediting the wages in employee’s bank account

PAYMENT OF WAGES ACT, 1936Permissible Deductions from wages Fines For absence from duty For damage caused to the property of the

employer For the amenities provided, like house

accommodation For recovery of advance or adjusting over

payment of wages Towards EPF, ESI, Labour Welfare Fund

and similar deductions permitted under any Act or the Standing Orders of the establishment

For premium for Life Insurance/ general insurance policies and Housing loan.

The Minimum Wages Act, 1948

The Minimum Wages Act 1948

An act to provide for minimum rates of wages in certain employment.


Minimum Wages such as

Basic rates of Wages,

Variable DA,

Value of other concessions, etc


Government can also fix Minimum Wages for Time Work

Piece Work at piece rate

Overtime work done by employees for piece work or time rate workers


CATEGORY TOTAL ( Basic + DA)WAGES (P/D.)

UNSKILLED Rs.182

SEMI - SKILLED Rs.202

SKILLED Rs.221

I

THE MATERNITY BENEFIT ACT, 1961


The Act extends to the whole of India except Jammu & Kashmir

Applies to every factory, shop or establishment

Woman entitled to maternity benefit not withstanding the application of the Employees State Insurance Act, 1948


Conditions for eligibility of benefits

Women who have worked in an establishment for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery.


Cash Benefits: Leave for six weeks before the delivery Leave for six weeks after the delivery/

miscarriage Additional leave of one month if the

woman is suffering from illness related with pregnancy, delivery, miscarriage, etc


Non Cash Benefits: Light work for ten weeks before the date

of delivery Two nursing breaks of 15 minutes till the

child is 15 months old No discharge or dismissal while she is on

maternity leave

EMPLOYEES PROVIDENT FUND AND MISC. PROVISIONS ACT, 1952

An Act to provide for the institution of provident funds, pension funds and deposit linked insurance fund for the employees in the factories and other establishments

Extends to the whole of India except the State of Jammu and Kashmir

Applicability Applies to all factories and

establishments in which 20 or more are employed

Continuity of application Exemption – Where employees get benefits in the

nature of provident fund or old age pension fund from the establishment which are not less favourable than the benefits under the Act.

Schemes under the Act

Three beneficial schemes-

1.Employees Provident Fund Scheme 1952

2.Employees Pension Scheme 1995

3.Employees Deposit Linked Insurance 1976

membership

An employee at the time of joining the employment and getting wages up to Rs.6500/- is required to become a member.

an employee is eligible for membership of fund from the very first date of joining a covered establishment.

Contribution to EPF Employees’ share : 12% of the Basic +

DA Employer’s contribution : 12% to be

deposited as : 8.33% to be deposited in Pension Fund

A/C No 10 and the balance, ie, 3.67% to be deposited in

Provident Fund A/C No 01 along with Employees’ share of 12%

Benefits to employees

Provident Fund Benefits Pension Benefits Death Benefits

The Payment of Gratuity Act, 1972


An act to provide for uniform scheme for payment of Gratuity to industrial workers throughout the country


Eligibility for Gratuity On Superannuation; or On resignation from service; or Employee dies while in service; Service of the employee is terminated on his

disablement due to accident or disease


Eligibility for Gratuity In order to earn Gratuity, the employee has to

render minimum five year’s service In case of death or disablement of the employee,

Gratuity becomes payable to his nominee even if he has rendered service less than five years.


Quantum of Gratuity

{(Basic plus DA)} * 15 * No. of years of service

{ 26 }


Forfeiture of Gratuity On termination of an employee on moral

turpitude and riotous or disorderly behavior Wholly or partially for willfully causing loss,

destruction of property, etc

WORK +

+ COMPENSATION

The Workmen’s Compensation Act, 1923


An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident.


Liability for compensation Compensation payable to workmen for

injury caused in accident;• Arising out of and

• During the course of employment


The doctrine of notional extension of employment

Compensation payable for injury caused to a workman by accident occurring :• beyond his working hours• beyond his workplace

if there is a nexus between the time and place of the accident and his employment


Types of injury compensated Death. Permanent total disablement. Permanent partial disablement. Temporary disablement.

• Total• Partial


Not payable ………. Injury does not result in total or partial

disablement for more than three days. If the injury does not result in death or permanent

total disablement compensation not payable if;• workman was intoxicated.• He did not follow safety rules.• Willfully removed any safety guard or device.


To whom payable... In case of death of a workman

compensation is payable to the dependents as defined in section 2 (1)(d) of the Act.

The Workmen’s Compensation Act, 1923How much is payable….. In case of death = 50% of wages multiplied by the

relevant factor or Rs 80000 whichever is more. In case of permanent total disablement= 60% of wages

multiplied by the relevant factor or Rs 90,000 whichever is more.

In case of permanent partial disablement a percentage of this amount is payable.

In case of temporary disablement=25% of the wages paid half monthly.


For the purpose of calculating the compensation for death or permanent total disablement, the maximum wages is treated as Rs 4000/-.

P TDS UE I

The Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947

An Act to make provision for the investigation and settlement of industrial disputes

Definition of Industrial Disputes

Section 2(k) defines industrial dispute as any dispute or difference between;

Employers and employers. Employers and workmen. Workmen or workmen connected with the employment or non

employment or the terms of employment or with the conditions of labour of any person.

Authorities under the Act

Works committee. Conciliation officers. Board of conciliation. Labour Courts. Industrial Tribunals. Grievance Settlement Authority.

Modes of settling a dispute

The three modes normally adopted to settle any dispute are:

Mediation. Conciliation. Arbitration / Adjudication.

The genesis of a dispute and its settlement

Union submits its charter of demands The management may also submit its COD. Collective Bargaining takes place. An agreement is arrived at OR there is a stalemate and the dispute is

referred for conciliation

Strike

Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to except employment.

Strikes No person working in a public utility

service can go on strike - without giving a notice of strike within six

weeks before striking within fourteen days of giving such notice before the expiry date of strike specified in

such notice during the pendency of a conciliation

proceeding and seven days thereafter.

lockout

Provisions similar to those for strike apply for lockout also.

A lockout declared in consequence of an illegal strike or a strike declared in consequence of an illegal lockout shall not be deemed to be illegal.

The Maharashtra Recognition of Trade Unions and Prevention of Unfair Trade Practices Act 1971

MRTU & PULP Act 1971

An act to provide for the recognition of trade unions for felicitating collective bargaining, to state their rights and obligations, to confer certain powers to unrecognised unions

Procedure for recognition

A union can apply to the industrial court for recognition if:

in the preceding six calendar months it has a membership of 30% of the total number of employees.

Procedure for recognition (contd..)

On receipt of the application for recognition the labour court issue a notice inviting objections to recognition being granted to the applicant.

If After considering the objections, if any, the court is satisfied about the genuineness of the applicant union, grant recognition (subject to conditions of s/19 being fulfilled.)

Procedure for recognition (contd...) If after considering the objections the court

comes to the conclusion that some other union has the largest majority, it may grant recognition to that union provided it has registered its claim to be recognised.

Only one union can be recognised. Recognition not granted if bona fide interest

of the employee not established. Recognition not granted if within past six

month the union has gone on an illegal strike

Rights of unrecognised unions

Settlement of individual grievances. Represent in domestic enquiry.

The Industrial Employment (Standing Orders )Act,1946

The Industrial Employment (Standing Orders )Act,1946

An Act for defining with sufficient precision certain conditions of employment in industrial establishments

Application of Model Standing Orders

The model standing orders apply to all establishments till certification of amendments.

Certification of amendments Five copies of the draft amendments to be

submitted to the certifying officer. Certifying officer forwards the proposed

amendments to the union or employer inviting their views.

After giving an opportunity to the other party the officer shall decide whether such modification is required.

If satisfied he shall certify.

Standing Orders

Classification of Workmen Permanent Probationer Temporary Casual Apprentices

Standing Orders

Transfer Transfer to different category of job Payment of Unclaimed Wages Payment of Wages in case of Death Shift Working Change of shift Closure and starting of shifts

Standing Orders

Lunch, Tea and Refreshments Attendance Marking Attendance Leaving Time Late Arrival Absence Urgent Personal Work

Standing Orders

Entry and Exit Search Leave Resignation Superannuation Premature Retirement

Standing Orders

Misconducts Punishment Procedure for Disciplinary Action

The Contract Labour (Regulation & Abolition) Act, 1970

The Contract Labour (R & A)Act, 1970

An act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.


Welfare measures to be taken by Contractor Canteen should be provided if 100 or more

contract labour employed First Aid Facilities Rest Rooms Drinking Water, Latrines and Washing facilities


Liability of Principal Employer To ensure provision for canteen, restrooms,

drinking water, latrines, urinals, washing facilities

Principal Employer entitled to recover from contractor for providing such amenities or to make deductions from amount payable


Responsibility of Contractor To pay timely and to ensure the disbursement of

wages in the presence of authorised representative of the principal employer.

Rate of wages not less than the rates fixed or prevailing in such employment as fixed by agreement

The Contract Labour (R & A)Act, 1970DO’S The establishment in the first instance must ensure that they

have got a registration certificate from the competent authority as provided u/s 7 of the Contract Labour (R&A) Act, 1970 before proceeding to engage the contract labour.

The establishment must ensure that they issue certificate in Form V to the contractor for obtaining license as provided u/s 12 of the Act.

It must be ensured that the contractor who is employing more than 20 persons has a valid licence issued in his name by the competent authority as provided under section 12 of the Act.

The payment of wages to the employees employed by the contractor is disbursed to his employees by the contractor himself or his nominee and principal employer has to depute his representative to be present and sign the payment register in token of having disbursed the salary in his presence by the contractor.


There should not be any direct supervision and control by the principal employer in respect of employees employed by the contractor to fulfill the obligation of the contract.

The work for which contract labour is engaged is not of perennial nature.

Discipline of the employees of contractor in the discharge of duties must be regulated by the contractor and not by the principal employer.

Leave to the employees of contractor must be sanctioned by the contractor and not by the principal employer.

The Contract Labour (R & A)Act, 1970 Maintenance of all types of record in respect of

the employees employed by the contractor should be his own responsibility and principal employer should not intervene in such matters.

If the establishment is covered by the Employees’ Provident Funds and Misc. Provisions Act and the Employees’ State Insurance Act then the preference should be given to those contractors who have their own code numbers under these Acts.

To ensure compliance by the contractor of the obligation pertaining to the various provisions regarding amenities and benefits as prescribed under the Act.

The Contract Labour (R & A)Act, 1970 That the agreement to be entered into with the contractor should

be drafted and executed on a non-judicial stamp paper.

That the agreement must disclose the names, addresses of the contractor and the principal employer.

That the agreement must specify the rights and obligations of both the parties.

That the agreement must disclose the place of work, time of working, rate of compensation and consequences of breach of contract and procedure for termination of the agreement by both the parties.

That the agreement must also disclose the scope of work, deployment of manpower in number, period of validity, security deposit and terms of payment to the contractor.

That the agreement should be witnessed by two witnesses.

The Contract Labour (R & A)Act, 1970DONT’S Contract should not specify the number of persons

required but must quantify the work itself.

No advance should be paid by the principal employer to the contractor’s employees directly. Only contractor must regulate the same.

Do not employ more than the necessary numbers of contract labour. If need be, people may be employed on contract basis of specific period or on temporary basis.

Leave to the Contract Labour should not be sanctioned by the Principal Employer or his officer.

The Contract Labour (R & A)Act, 1970 Entry pass for Contract Labour should be separate and

different from that issued by the Principal Employer to its direct employees and should clearly indicate “Contract Labour”.

Direct labour should not be employed in the same categories in which Contract Labour is being used. Attendance of Contract Labour should not be marked by officers of the Principal Employer.

Payment of wages to the Contract Labour must not be paid by the Principal Employer (Cases have come to the notice where direct payment was made by the Principal Employer, creating serious complications.)

No instructions/directions should be given in writing by the Principal Employer to the Contract Labour.

Classification of labour laws-1

Employee Welfare Legislation• The Factories Act, 1948.• Payment of Wages Act, 1936.• Minimum Wages Act, 1948• The Payment of Bonus Act, 1965• The Maternity Benefits Act, 1961


Social security legislation• The Employees PF & Miscellaneous Provisions

Act 1952.• The Payment of Gratuity Act 1972.• The Workmen’s Compensation Act 1923.


Industrial Relations legislation.• The Industrial Disputes Act, 1947.• The Industrial Employment (Standing Orders)

Act 1947.• The Trade Unions Act 1926.• The Maharashtra Recognition Of Trade Unions

and Prevention of Unfair Labour Practices Act 1972. (MRTU & PULP Act)


Other Miscellaneous Legislation• The Contract Labour (Regulation & Abolition)

Act, 1970.• The Apprentices Act, 1961.• The Employment Exchanges (Compulsory

Notification of Vacancies) Act, 1959.

EMPLOYEES STATE INSURANCE ACT 1948

FUNERAL BENEFIT

DISABLEMENT BENEFIT

SICKNESS BENEFIT

MEDICAL BENEFITS

MATERNITY BENEFIT

DEPENDENT’S BENEFIT

LAW AFFECTING NURSES

LAW AFFECTING NURSES

NURSE PRACTICE LAWS ADMINISTRATIVE LAW STATUATORY LAW ENACTED LAW

CONT….

NURSE PRACTICE ACT

• Describes and designs the legal boundaries of nursing practice

CONT….

ADMINISTRATIVE LAW• Created by administrative bodies• They develop rules and regulations • It is made by the appointed

government administrative agencies• Eg:social security act,FDA, Nurse

practice act

CONT….

STATUATORY LAW• Created by elected legislative bodies

such as state legislature

CONT….

ENACTED LAW• Includes all bills passed by the

legislative bodies whether local, state or national.

Labour unions

DEFINITION

According to webbs,• A trade union is a continuous association of the

wage earners for the purpose of maintaining and improving the conditions of their working lives

TRADE UNION ACT(1926)• Any combination whether temporary or

permanent,formed primarily for the purpose of regulating the relationship between the workers and employers, or for imposing restrictive conditions on the condition of any trade business and include any federation of two or more unions.

FEATURES OF TRADE UNION It is an organization formed by employees

or workers It is formed on a continuous basis It is a permanent body It is formed to protect and promote all kinds

of interest It includes federation of trade unions It achieves its objectives through collective

action and group effort

OBJECTIVES OF TRADE UNION

To defend . To overthrow capitalism and

fundamental change in political order.

To replace managerial dictatorship

Objectives of Trade Union

To improve the economic lot of employees by securing for them better wages.

To secure better working conditions for the workers.

To secure bonus for the employees from the profit of the concern,

To resist schemes of the management which reduce employment, e.g., rationalization and automation.

Contd……..

To secure welfare of employees through group schemes which give benefit to every employee.

To protect the interests of employees by taking active participation in the management.

To secure social welfare of the employees.

To secure organizational stability, growth, and leadership.

FORMS OF UNIONS

CLASSICAL

NEO-CLASSICA

L

REVOLUTIONARY

CLASSIFICATION OF TRADE UNION

Classification based on ideology a) Revolutionary Unions: Believe in

destruction of existing social/economic order and creation of a new one. They want shift in power and authority and use of

force - Left Unions.

b) Reformist or Welfare Unions: Work for changes and reforms within existing socio-political framework of society - European Model.

c) Uplift Unions: Advocate extensive reforms well beyond the area of working condition i.e., change in taxation system, elimination of poverty etc.

Classification based on agreement

a) Closed Shop: Where management and union agree that the union would have sole responsibility and authority for the recruitment of workers, it is called a Closed Shop agreement. The worker joins the union to become an employee of the shop.

b) Union Shop: Where there is an agreement that all new recruits must join the union within a fixed period after employment it is called a union shop

C) Preferential Shop: When a Union member is given preference in filling a vacancy, such an agreement is called Preferential Shop.

d) Maintenance Shop: In this type of arrangement no compulsory membership in the union before or after recruitment exists. However, if the employee chooses to become a member after recruitment, his membership remains compulsory right throughout his tenure of employment with that particular employer.

Open Shop: Membership in a union is in no way compulsory or obligatory either before or after recruitment.

THEORIES OF TRADE UNION

WEBBS THEORY OF INDUSTRIAL DEMOCRACY• Collective bargaining as the process which

strengthen labour

POLITICAL REVOLUTIONARY THEORY OF LABOUR MOVEMENT• Trade union is a pure simple class struggle• Unions are world to win

FUNCTIONS OF TRADE UNION

MILITANT FUNCTION

EXTRA-MURAL FUNCTIONPOLITICAL FUNCTIONSOCIAL FUNCTION

MILITANT FUNCTION

Protecting the workers interest Wage hike Job security etc. The above attained through collective

bargaining and direct actions such as strikes lock outs etc.

EXTRA MURAL FUNCTION

This include providing financial and non financial assisstance during the strikes and lock outs.

POLITICAL FUNCTION

Affiliating the trade union with the political parties

Seeking help of political parties during strike and lockouts

SOCIAL FUNCTION

Carrying out socialservice activities• Like educating the customers on consumer

protection strategies

DETERMINING UNION STRENGTH

Election by secret ballot Check off method Verification Rule of thumb

RIGHTS OF RECOGNISED UNIONS

Right to raise the issue with the management

Right to collect membership fees within the organization premises

Ability to demand check off facility Ability to put up a notice board on the

premises for the union announcement

Right to discuss workers grievance with employers

Ability to hold discussion with the members in a suitable place within the organization

Ability to inspect the employment and work Nomination of its represesntatives on the

committees formed by the management

Motivation to Join Unions

1) Greater Bargaining Power.

2) Make their Voices Heard.

3) Minimize Discrimination.

4) Sense of Security.

5) Sense of Participation.

6) Sense of Belongingness.

Problems & weaknesses of Trade Unions

Financial Problems.

Indifferent Attitude of Workers.

Suggestions for the development Unions

Recognition of Trade Unions.

One Recognition of Trade Unions.

Development of Leadership from Within

Paid Union Officials:

American Nurses Association (ANA)

Established in 1911 Purpose: To improve the quality of nursing care. Functions: Establish standards of nursing practice Develop educational standards. Promote nursing research. Establish a professional code of ethics. Influence legislation affecting health care. Providing continuing nursing education.

Cont…

Membership:o Federation of state nurses association.o Individual registered nurses can participate in ANA .

Publications: American journal of nursing. American nurse is the official newspaper.

Canadian Nurse Association.

Establishes in 1908 Purpose: To achieve quality of nursing care for the people

by Promoting high standards of nursing practice,

education, and research. Influencing the development of national health policy. Fostering uniform regulatory practice among licensure/

regulatory agencies.

Cont…

Function:

Define Nursing Practice.

Establish standards .

Promote nursing research. Membership:

Federation of the provincial nurse association.

Consists of registered nurse.

Publication:” The Canadian Nurse” – published monthly.

International council Of Nurses

Founded in1899

Purpose: To encourage collaboration between national nurses association to improve health services and recognition of nursing role in health care.

Activities : Assist national nurses associations in establishing regulatory mechanisms.

Provide nursing research world wide.

Cont…

Membership: Independent non- governmental federation

of 112 national nurses association.

Publications: International Nursing Review- It is the official journal of ICN published on a quarterly basis.

The news letter- Published ten times a year.

Journal reference

Legal news:• The sexual harrasment of women at work

place(prevention,Prohibition and redressal) Act 2013 announced on 09.12.2013

The Function of Trade Unions K.D. Ewing1 1King's College, London. Abstract Trade unions have a number of functions, some of which

have been more prominent than others at different periods in history. But over the course of time trade unions have developed five principal functions. These are respectively: a service function; a representation function; a regulatory function; a government function; and a public administration function.

http://ilj.oxfordjournals.org/search?author1=K.D.+Ewing&sortspec=date&submit=Submit

http://ilj.oxfordjournals.org/content/34/1/1.abstract

CONCLUSION

As a nurse manager we all should be aware about the legal responsibilities and the legal governing in our profession. we should create unions and strngthen our profession.

Documents

Labor Laws and Unions