PAPER 6.4 LABOUR LAW (AMBEDKAR UNIVERSITY)

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 PAPER 6.4. LABOUR LAW

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36

 

This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks The candidate must pass in part (a) and (b) separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 25 marks out of 70 and 11 marks out of 30 marks. (1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed syllabus includes latest amendments in the subject wherever applicable. OBJECTIVES OF THE COURSE: The twenty-first century witnessed the development of Industrial jurisprudence in the country. This course is an attempt to study the laws relating to labour jurisprudence, industrial relations, social security, wages, health and working conditions of workers in various shops and commercial establishment in the country and to impart the students with an overview of judicial perspective on the recent labour legislations and finally it deals with the latest trend and developments in the Labour Laws with the various Codes on Labour Legislations being implemented in September 2020 has been included in this syllabus to make to more dynamic and worthy.

UNIT - I Concept and Growth of Labour Jurisprudence; Natural Justice, concept of Social Justice and Labour; Constitution of India, 1950 [Articles related to Labour Welfare: 14,19,21,23-24, 38, and 41-43A]; Meaning, Scope, Importance and Theories of Labour Welfare: The Policing Theory, The Religious Theory, The Philanthropic Theory, The Paternalistic or Trusteeship Theory, The Placating Theory, The Public Relations Theory and The Functional Theory; Basic Concepts; Labour and Judicial Process and Public Interest Legislation; Judicial Responses;

UNIT - II The Industrial Relations Code, 2020: Need, Importance, Objectives; Definition, Concept, Key Features for Enactment of the Code and Repeal of Laws and Judicial Responses. Bi-partite Forums; Trade Unions; Standing Orders; Notice of Change; Voluntary Reference of Disputes to Arbitration; Mechanism for Resolution of Industrial Disputes; Strikes and Lock-Outs; Lay-off, Retrenchment and Closure; Special Provisions Relating to Lay-Off, Retrenchment and Closure in certain establishments; Worker Re-Skilling Fund; Offences and Penalties; Miscellaneous;

UNIT - III The Code on Social Security, 2020: Need, Importance, Objectives; Definition, Concept, Key Features of the Code; Social Security Organizations; Employees‘ Provident Fund; Employees State Insurance Corporation; Gratuity; Maternity Benefit; Employee‘s Compensation; Social Security and Cess in respect of Building and other Construction Workers; Social Security for Unorganized Workers, Gig Workers and Platform Workers; Finance and Accounts; Authorities, Assessment, Compliance and Recovery; Offences and Penalties; Employment Information and Monitoring; Miscellaneous; Judicial Responses; Employment of Children Act, 1938:Need, Importance, Objectives; Definition, Concept, Key Features of the Act and Judicial Responses; Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Need, Importance, Objectives; Definition, Concept, Key Features of the Act and Judicial Responses;

UNIT - IV Concept of Wage Policy: National Wage Policy; Genesis of West Regulations; Concepts of Minimum Fair, Living and Need based Minimum Wages and Judicial Responses; The Code on Wages, 2019:Need, Importance, Objectives; Definition, Concept, Key Features of the Code and Repeal of Laws; Minimum wages; Payment of Wages; Payment of Bonus; Advisory Board; Payment of Dues, Claims and Audit; Inspector-cum-facilitator; Offences and Penalties; Miscellaneous; Judicial Responses; Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:Need, Importance, Objectives; Definition, Concept, Key Features of the Act and Judicial Responses;

UNIT - V Occupational Safety, Health and Working Conditions Code 2020: Need, Importance, Objectives; Definition, Concept, Key Features of the Code and Repeal of Laws; Registration; Duties of Employer and Employees, etc.; Occupational Safety and Health; Health, Safety and Working Conditions; Welfare Provisions; Hours of Work and Annual Leave with Wages; Maintenance of Registers, Records and Returns; Inspector-cumfacilitators and other authority; Special provision relating to Employment of Women;Special Provisions for Contract Labour and Inter-State Migrant Worker, etc.: Contract Labour; Inter-State Migrant Workers; Audio-Visual Workers; Mines; Beedi and Cigar Workers; Building or other construction workers; Factories; Plantation; Offences and Penalties; Social Security Fund;