LABOUR LEGISLATIONS IN INDA :TOUARISM INDUSTRY DIMENSION

D.M.GIMARA MadhushaniTC/is/2011/MS/13Trincomalee Campus Eatern University Sri Lanka

INTRODUCTIONLabour legislation implies a cluster of labour enactments by government from time to time covering labour issues .

In the absence of proper labour adjudication working class will be subjected to blatant exploitation by employers.

Labour legislation provides an umbrella cover against labour exploitation.

History of labour legislation in India can be tracked back to the regim of British colonialism.

THE WORKMEN’S COMPENSATION ACT ,1923

This is the pioneer legislative in India.The act provides a moderate social security to workmen as a humanitarian. Under the act a workman,

in a case of injury in a case of his death

his dependent is eligible to receive compensation in lump-sum as a valid cost of production similar to the cost of repair or replacement of machine.

Employer will not liable compensate When death Or Injury occurs,

Due to willful disobedience of the workmen of a valid order

Or Rule framed by employer

to secure his safety.

Influence of alcohol or drugs

• Employer eligible to compensate when death or injury should have occurred,

“arising out ”And

“in the course of employment”.

Compensation calculated on basis of minimum wages prescribe by the industry or establishment at the time casualty occurred.

Casual workmen not covered by the Act.

However in the amendment in the year 2000 causal worker as a workman.

INDIAN TRADE UNION ACT,1926

Act intends provide for,-the registration of trade union and-to define the low relating to resisted trade union.

Trade union means ,“any combination, whether temporary or permanent ,formed primarily for the purpose of regulating the relations

between workmen and employers or

between workmen and workmen

or

between employers and employers

enforcing restrictive conditions on the conduct of any trade or businessman

include any federation of two or more trade unions ”

The Act facilitates unionization both in the organize and unorganized sectors.

Though this Act freedom of association is realized .

PAYMENT OF WAGES ACT,1936

The act regulate :The frequency and mode of payment of wages Levying finesMaking deduction from wages of workers .

. Proscribe unauthorized or arbitratary deduction

It ensure the correct and timely payment of wages.

wage

Basic pay

Production incentive Other

allowances

Dearness allowances

Wages are payable before the seventh or tenth or every month accordingly as the factory establishment .

Wages payable to dismiss or discharged employee must be paid within two days of the termination.

Wages deducted for absence of duty-If such absent must be from employees own violation

And not-Due to any act of employer such as layoff, lockout or closure.

THE WEEKLY HOLIDAYS ACT,1936The objective the enactment is to provide for weekly holidays to certain category of employees working in restaurant ,shops, theaters.

The Act provides for granting one paid holiday in a week of seven days for every person employed in such establishments .

No deduction of wages shall be made in respect of weekly holidays

A person employed in confidential capacity or in a position of management shall not be covered

The provision shall not be apply to any person whose total paid employment in the employment including authorized leave ,is less than six days.

In each week additional holiday of one and half-day shall be granted in each way.

The Act ensure that workers 'personal life must not be suffered due to compulsions of his work site .