Labour Law advisor

At JuroLegal, our experienced Labour Law Advisors provide practical and legally compliant guidance on all aspects of employment and labour laws in India. We assist employers and employees with matters related to appointment letters, service rules, wage compliance, EPF and ESIC, gratuity, leave policies, termination and retrenchment, disciplinary proceedings, and workplace disputes. Our team ensures adherence to key statutes such as the Industrial Disputes Act, 1947, Factories Act, 1948, Shops and Establishments Acts, and the new Labour Codes.

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  • Labour Law Advisor

    Labour law advisors are professionals who specialise in providing expert guidance and support to employers and employees on various aspects of labour laws in a specific country or region. They help clients navigate the complex legal landscape related to employment, working conditions, and the rights and obligations of employers and employees. Labour law advisors also help clients understand and comply with relevant laws and regulations to support the resolution of labour disputes.

What is Labour Law?

Labour law is the body of laws, regulations, and judicial decisions that govern the relationship between employers, employees, trade unions, and the government. It aims to:

  • Protect the rights and interests of workers
  • Ensure fair and equitable working conditions
  • Promote safety and health in the workplace
  • Regulate employment practices
  • Facilitate collective bargaining and dispute resolution.

Labour Law Compliances in India

Employers in India have a legal obligation to comply with various labour laws and regulations. Here are essential compliances:

Registration with relevant authorities

Establishments must register under various labour laws, such as the EPF Act, ESI Act, and Shops and Establishments Act.

Maintaining proper records

Employers must maintain accurate records of employee wages, working hours, leave, and other relevant details.

Filing regular returns

Employers must file regular returns with various authorities, such as the EPFO, ESIC, and the Shops and Establishments Department.

Providing statutory benefits

Employers must provide statutory benefits like provident fund, health insurance, and maternity leave, as mandated by law.

Complying with safety regulations

Workplaces must comply with safety regulations and provide employees with a safe and healthy working environment.

  • Labour Legislation in India

    • Industrial Disputes Act, 1947:Regulates industrial disputes, strikes, and lockouts.
    • Factories Act, 1948:Governs workers’ health, safety, and welfare in factories.
    • Minimum Wages Act, 1948:Sets minimum wages for different employment categories.
    • Payment of Wages Act, 1936:Regulates timely payment of wages and deductions.
    • Payment of Gratuity Act, 1972:Provides for gratuity payment to employees upon retirement or termination.
    • Employees’ State Insurance Act, 1948:Provides medical, sickness, maternity, and other benefits to employees.
    • Employees’ Provident Funds and Miscellaneous Provisions Act, 1952:Mandates provident funds and employee pension schemes.
    • Maternity Benefit Act, 1961:Grants paid maternity leave to women employees.
    • Trade Unions Act, 1926:Regulates the formation and functioning of trade unions.
    • Contract Labour (Regulation and Abolition) Act, 1970:Protects the rights of contract workers.
    • Equal Remuneration Act, 1976:Prohibits discrimination in wages based on gender.
    • Child Labour (Prohibition and Regulation) Act, 1986:Prohibits and regulates child labour.

Types of Labour Law

Contractual Labour Law

Regulates the employment of temporary or contract workers, ensuring their rights and preventing exploitation.

Industrial Law

Governs the relationship between employers and employees in organised industries, covering wages, working hours, strikes, and lockouts.

Social Security Law

Provides social security benefits to employees, including provident funds, health insurance, and maternity benefits.

Occupational Safety and Health Law

Mandates workplace safety standards and regulations to protect workers from health hazards and accidents.

Equal Opportunity Law

Prohibits discrimination based on factors like caste, religion, gender, or disability, ensuring fair and equal treatment for all employees.

Child Labour Law

Prohibits child labour and regulates working conditions for minors, protecting their well-being and education.

Labour Law for Employees

Minimum wage

Every employee is entitled to a minimum wage per their skill level and industry.

Working hours

The maximum working hours per week are 48, with a daily limit of 9 hours. Overtime pay is mandatory for work beyond these limits.

Leave

Employees are entitled to various types of leave, including earned, casual, sick, and maternity leave.

Termination

Employers must follow specific procedures for terminating employment, including providing notice and severance pay.

Protection from discrimination

Employees are protected from discrimination based on caste, religion, gender, or disability.

Right to form unions

Employees can form trade unions and bargain collectively with their employers for better working conditions.