Essential Labour Law: Key Rules, Updates and Compliance Tips

The Universal Declaration of Human Rights asserts that every individual engaged in work is entitled to fair and favourable compensation that guarantees a life of dignity for themselves and their families. The Government of India acknowledges this principle by enacting legislation aimed at establishing minimum wage rates in specific sectors. Consequently, the State Advisory Committee, formed under Section 7 of the Minimum Wages Act of 1948 and chaired by the head of the Labour & Employment department, is tasked with reviewing and updating these minimum wage rates biennially.

The framework for determining minimum wages is rooted in ethical considerations rather than economic factors. It does not take into account the value of the work performed by employees or the nature and capacity of the industry; instead, it applies uniformly to all employers, regardless of size. This regulation establishes a fundamental wage floor that ensures no worker’s earnings fall below a level that upholds human dignity.

The Factories Act of 1948 stands as a significant piece of legislation within the realm of Labour Laws, and it is rigorously implemented across both public and private sectors within the state by the relevant department. The Act mandates that various aspects, including safety, health, and welfare, must be adequately ensured for all workers.

In accordance with section 6 of the Act, which requires mandatory registration and licensing, the department has successfully registered numerous factories throughout the state, with a majority situated in the foothills adjacent to Assam.

The Trade Unions Act of 1926 grants workers the right to establish unions, enabling them to collectively advocate for their demands and combat exploitation, which may include the option of striking as outlined in the Act.

Trade Unionism is fundamentally a social movement rather than a commercial endeavor. It has been noted that while Trade Unionism is expanding to encompass higher-level employees and managers, there remains significant neglect at the grassroots level. Numerous small businesses and workshops scattered throughout our towns and cities have been largely excluded from the labor movement. Given the prevalent exploitation in these areas and the pressing need for unions, the Joint Labour Commissioner and Registrar of Trade Unions facilitates the registration of unions in accordance with the Trade Unions Act of 1926. Currently, there are approximately 21 Trade Unions operating within the State.

The enforcement of the Indian Boilers Act of 1923, the Indian Boiler Regulation of 1950, and the Nagaland Boiler Rules of 1996 is effectively managed by the Department within the State. Currently, there are approximately 30 boilers and around 15 Thermic Fluid Heaters operating in the region. The department carries out regular inspections, as well as assessments following major and minor repairs or replacements of boilers and thermic fluid heaters. This proactive approach ensures operational safety, mitigating the risk of significant property damage and potential loss of life due to equipment malfunctions in industrial facilities.

In addition to Assam, Nagaland has established the State Boiler Attendant Examination Board (NBAEB), making it one of the few North Eastern states to do so. The department organizes annual examinations and training sessions, attracting candidates from outside the state as well. Those who successfully complete the program are eligible to seek employment as Boiler Attendants in various industrial units across the country, based on their respective qualifications.

The growing reliance on various machinery and equipment in industries has heightened the risk of accidents for workers, leading to reports of incidents that result in both fatal and non-fatal injuries. Consequently, the provision of compensation under the Workmen’s Compensation Act of 1923 has become a key initiative within Labour Administration. The primary aim of this Act is to establish a responsibility for employers to compensate workers for accidents that occur in the course of their employment, which may lead to death or total/partial disability. Additionally, compensation is available for certain occupational diseases that workers may develop while performing their job duties.

The Payment of Wages Act governs the remuneration of specific categories of workers in the industrial sector, and its significance is substantial. This legislation ensures that wages are paid punctually and prohibits any deductions except those explicitly permitted by the Act. It delineates the responsibilities associated with wage payments, establishes the wage period, and specifies the timing and methods of payment. Additionally, it outlines permissible deductions and imposes an obligation on employers to obtain governmental approval for actions that may result in fines, as well as for the imposition and regulation of such fines. The Act also establishes a framework for addressing grievances related to wage deductions or delays in payment, including penalties for frivolous or malicious claims. Notably, the Act does not extend to individuals earning Rs. 18,000 or more per month. Furthermore, it stipulates that workers cannot waive any rights granted to them under this legislation.

According to the Nagaland Payment of Wages Rules 1980, regular inspections are conducted in various establishments, including shops and factories, to ensure adherence to the provisions of the Act.

The Act outlines the regulations governing working conditions and employment within shops and commercial establishments, as well as venues for public entertainment or amusement. This includes stipulations regarding working hours, leave entitlements, wages, the employment of children and women, health and safety standards, and the associated offences, penalties, and procedures. According to the Act, it is mandatory for every employer to register their shops and establishments, with registration required to be renewed annually. Upon registration or renewal, employers will receive a Certificate issued by the Chief Inspector of Shops and Establishments or designated representatives responsible for these matters.

The Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, commonly known as the BOCW (RE&CS) Act, 1996, serves to establish regulations governing the employment conditions and services of individuals involved in building and construction activities. The Government of India has consistently urged State Governments to develop corresponding State Rules to ensure the effective enforcement of this legislation.

In the case of WP(C) No (S) 318 of 2006, National Campaign Committee for Central Legislation on Construction Labour versus Union of India and Others, the Hon’ble Supreme Court directed the Centre and all States/UTs to promptly implement the provisions of the aforementioned Act. To comply with the Supreme Court’s directive, the department has secured Cabinet approval for the Nagaland BOCW (RE&CS) Rules, 2010. Additionally, the Board is initiating a capacity-building training program aimed at equipping the local workforce with skills in various trades within the construction sector.

The employment system of contract labour is susceptible to various forms of exploitation. There is a widespread agreement that this system should be eliminated wherever feasible. In situations where abolition is not possible, it is essential to regulate the working conditions of contract labour to guarantee fair wages and the provision of necessary amenities.

The Contract Labour (Regulation & Abolition) Act of 1970 is applicable throughout India. It encompasses all establishments that employ twenty or more workers as contract labor at any point during the previous twelve months. Additionally, it pertains to any contractor who has employed twenty or more workers on any day within the same timeframe.

According to Sections 6 and 11 of the Contract Labour (Regulation & Abolition) Act of 1970, obtaining registration and a license is mandatory. All contractors and establishments must first secure a Registration Certificate, followed by a License Certificate from the Assistant Labour Commissioner’s Office, in accordance with Rules 18 and 21 of the Nagaland Contract Labour (Regulation & Abolition) Rules 2000.

The Child Labour (Prohibition and Regulation) Act of 1986 has undergone amendments by the Central Government, now known as the Child and Adolescent Labour (Prohibition and Regulation) Amendment Act of 2016. This amendment aims to extend the protections of the Act to adolescents aged 15 to 18 years and to enforce a complete ban on the employment of children under the age of 14 in any form of work across the nation.

A significant initiative launched by the Central Government under this Act is the National Child Labour Project (NCLP). The NCLP aims to provide non-formal education to children who have been removed from labor. Successful participants are then transitioned into formal education through the Sarva Shiksha Abhiyan (SSA). The implementation of the NCLP program in Dimapur is progressing well, with 44 schools approved by the Ministry of Labour and Employment, Government of India.

To raise public awareness, the department organizes various initiatives periodically. In 2016, a banner campaign was held in Kohima, and a marathon race was organized in Dimapur to observe the World Day Against Child Labour on June 12, 2016. The event saw participation from 400 students from local schools and colleges, along with officials from the District Administration, led by the Deputy Commissioner of Dimapur, and departmental officers, including the Labour Commissioner, as well as representatives from NGOs and other supporters. Winners in various categories received certificates and cash prizes, while all participants were awarded participation certificates.

Odisha Labour Law Rules, Amendments

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Name of Act & Rule	Official Downloads
The Building and Other Construction Workers’ Welfare Cess Act, 1996 & Rules, 1998	The B&OCWW Cess Act The B&OCWW Cess Rules
The Payment of Wages Act, 1936 and Odisha Rules, 1936	The PW Act The Odisha PW Rules
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and Odisha Rules, 1969	B&CW Act & Rules Download(6.02 MB)
The Equal Remuneration Act, 1976 & Rules	ER Act & Rules
The Building And Other Construction Workers’ (RE&CS), 1996 and Odisha Rules 2002	B&OCW Act & Rules
The Industrial Disputes Act, 1947 & Odisha Rules, 1959	ID Act & Rules
The Child & Adolescent Labour (Prohibition & Regulation) Act, 1986 & Odisha (Amendment…	Child & Adolescent Labour Act & Rules
The Industrial Employment (Standing Orders) Act, 1946 & Odisha Rules, 1946	IE (SO) Act & Rules
The Employee’s Compensation Act, 1923	EC Act & Rules
The Contract Labour (Regulation & Abolition) Act, 1970 and Odisha Rules, 1975	CL (R&A) Act & Rules
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979	ISMW (RE&CS) Act & Rules
The Maternity Benefit Act, 1961 & Odisha Rules, 1965	MB Act & Rules

Punjab Labour Law Rules, Amendments

Punjab Shop act Exemption under section 9 and 10

Latest Announcement: Exemptions under Sections 9 & 10 of the Punjab Shop Act:

Attention business owners and shopkeepers in Punjab! A recent circular regarding the Punjab Shop and Commercial Establishments Act has introduced important changes in Sections 9 & 10. This update outlines crucial exemptions that may affect your business operations.

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Rajasthan Labour Law Rules, Amendments

Declaration of half day holiday on occasion of Janmashtami on 27th august 2024 after 1.30pm afternoon in Jaipur

Dated: 27 August 2024

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Sikkim Labour Law Rules, Amendments

Child Labour (Prohibition & Regulation) Central Rules,1988

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Sikkim Child Labour (Prohibition & Regulation) Sikkim Rules 1994

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The Building & Other Construction Workers Welfare Cess Act- 1996 Sikkim

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Sikkim Employees’ State Insurance Court Rules 1996

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The Sikkim Minimum Wages Rules 2005

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The Sikkim Payment of Wages Rules 1992

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The Sikkim Payment of Gratuity Rules 2002

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Sikkim Labour (RECS) Act 2021

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Tamil Nadu Labour Law Rules

Latest Professional Tax Tamil PT Slabs

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Tamil Nadu: LABOUR WELFARE AND SKILL DEVELOPMENT DEPARTMENT

Amendment notification Tamil Nadu Shops & Establishments Rules 1948, 02-07-2024

No. 217, SRO a-13(e)/2024.

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Amendment: Tamil Nadu Shops and Establishments Rules, 1948

Part III—Section 1(a), No. SRO A-13(e)/2024

Rule amendment_Gazette notificaion_217_Ex_III_1a_2024
General Statutory Rules, Notifications, Orders, Regulations, etc.,
issued by Secretariat Departments.

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TAMIL NADU SHOPS AND ESTABLISHMENTS (AMENDMENT) ACT, 2018.

Part II—Section 2, No. II(2)/LWSD/520(b-1)/2024

Act enforcement date _Gazette 216_Ex_II_2_2024
Notifications or Orders of interest to a Section of the public
issued by Secretariat Departments.

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Telangana Labour Law Rules, Amendments

Employees-State Insurance(Central) Rules,1950 issued by Telangana Ministry Of Labour

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Employees-State Insurance(Central) Rules,1950 issued by Telangana Ministry Of Labour

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Tripura Labour Law Rules, Amendments

Plantations Labour Rules, 1954	Plantations Labour Rule.pdf
Plantations Labour (Amendment) Rules, 1984	Plantations Labour(Amendment)Rules.pdf
Contract Labour (R&A) Rules, 1978	Contract Labour (R&A) Rules pdf
Rationalisation of Forms & Reports under certain Labour Laws Rules2019	Rationalization of Forms & Reports Rules
The Beedi & Cigar Workers (Conditions of Employment) Rules1968	Beedi & Cigar Workers (CE) Rules
The Industrial Disputes (2nd Amendment ) Act2020	The Industrial Disputes (2nd Amendment ) Act pdf
Plantations Labour (4th Amendment) Rules2017	Plantations Labour (4th Amendment) Rules pdf
Occupational Safety, Health & Working Conditions Rules2022	Occupational Safety, Health & Working Conditions Rules pdf
Employees Insurance Court Rules2008	Employees Insurance Court Rules
Trade Union Regulations1952	Trade Union Regulations.pdf