This article is written by Gauri Gupta. It aims to provide an in-depth analysis of the different labour laws applicable in the State of Karnataka. It highlights the different acts, rules, and regulations pertaining to labour laws applicable specifically to the State of Karnataka.  

Introduction 

The most populous country of the world, India, is home to the second highest working population on the planet. The labour force of any nation is vital for furthering its economic interests in all domains including investments, production, savings, and the formation of capital. The laws regulating the employment relationship between the labourers and the employers is known as the Industrial Law or Labour Law in India. Industrialisation has led to reduced cordial relationships between the employers and employees, causing numerous labour issues within the country. As a result, labour laws were enacted with the objective of promoting social welfare and securing of the underprivileged and vulnerable workers in the country. The rationale behind enacting these laws was to protect the workers from exploitation and ensure that their rights and interests are safeguarded. 

The Constitution of India has placed an obligation on the States to ensure the welfare and protection of its labourers and workers. The duty of the State is to formulate and enact laws in accordance with the Directive Principles of State Policy enshrined under Part IV of the Constitution of India, 1950, especially with respect to Articles 39, 41, 42, 43, and 43A. Labour has been categorised as a subject under the Concurrent List of the Constitution of India which enables both the Central Government and the State Governments to frame laws on the subject. It is crucial to note that various international conventions, particularly those of the International Labour Organisation are a major source of various labour regulations in India.

Before analysing the various labour legislations in the State of Karnataka, it is pertinent to note that the employment legislation in India can be categorised into the following categories:

• Norms and Standard Legislation,
• Legislation regulating the terms and conditions of the service,
• Social Security Legislation,
• Contract Legislation, and
• Training and Development Legislation.

It is pertinent to note that the existing businesses in the State of Karnataka, or companies planning to establish their businesses in the State of Karnataka have to comply with the labour laws applicable to the State. In other words, the labour laws of Karnataka regulate the functioning of the establishments in the State. These laws cover various domains including minimum wages, industrial relations, social security, working conditions of the labour, and trade practice among others. The labour regulations in the State were enacted with the objective of improving the working conditions of the labourers, ensuring a cordial relationship between the employer and employee and furthermore, to ensure compliance with the safety and security of the workers along with protecting their trade practices.

Elements of Labour Laws

Industrial or labour laws in any country including India revolve around the following areas:

Employment: 

Before the Great Depression, the employment sector focused primarily on preventing excessive unemployment. However, there has been a massive shift in the contemporary era with the labour laws now emphasising on creating opportunities for economic stability. 

Employer-employee relationship:

The historical concept of the master-servant relationship in labour law involved contractual obligations between these parties. However, the evolution of labour laws has introduced concepts such as limiting freedom of contract, especially in domains like termination, dismissal procedures, minimum wages, and rights with respect to social security.

Remuneration and wages:

The labour laws on wages cover payment methods, protection against unlawful deductions, minimum wage arrangements, and income policies as deliberate instruments for economic stability and growth.

Conditions of work:

This area is rooted in the industrial revolution and deals with the protection of the interests of the workers by addressing the working hours, rest periods, vacations, prohibition of child labour, employment regulations for young persons, and special provisions for women. This aspect of labour law has been evolving and is now adaptive to the modern sectors and changing social norms.

Health, safety, and welfare:

This area covers occupational health, accident prevention, and regulations pertaining to the same, including specific rules for hazardous jobs such as mining and construction work. Furthermore, it ensures safety regarding machinery, dust, noise, vibration, and radiation risks.

Social security:

In labour laws, social security ranges from employers’ liability for accidents to comprehensive schemes covering sickness, unemployment, retirement, injury, maternity, survivor benefits, and medical care.

Trade unions and industrial relations:

In the domain of industrial relations, labour law revolves around the legal aspects of trade unions, employers’ organisations, collective bargaining, agreements, representation of employees, joint consultation, co-determination, workers’ participation, and prevention and settlement of labour disputes.

Administration of labour law:

It revolves around organisations and the functioning of various authorities like labour departments, inspection services, and other enforcement organs. Furthermore, it encompasses labour courts responsible for settling grievances and industrial disputes between the management of an organisation and its labourers.

Special categories of workers:

The last crucial area of labour law revolves around specific occupational groups that are a part of the general code or special legislation. The same is common in sectors such as mining, transportation, commerce, and agriculture and involves distinguishing between blue-collar workers, salaried employees, and other employment categories.

Labour Law and industrial relations

What are industrial relations

Industrial relations connote how different workers behave in organisations where they are employed. Experts in the domain of industrial relations aim to understand the differences in the working conditions of these employees, their say in the decision-making process, the role of the labour unions and the resolution of conflicts between the employers and their employees. Furthermore, the experts in this domain aim to understand how these interactions affect the outcome of any organisation, including those related to the satisfaction of the workers, their job security, organisational efficiency, and the impact of all of these on the community and society as a whole. 

Industrial relations play a key role in:

• Facilitating communication between the workers and management to establish positive communication and relationships.
• Fostering collaboration between the managers and their employees.
• Harnessing the positive influence of trade unions to prevent conflicts.
• Protecting the interests of both the workers as well as the management.
• Preventing unethical and unhealthy environments in the industry.
• Developing measures to ensure the promotion of understanding, creativity, and cooperation to enhance industrial productivity.
• Ensuring increased participation by the workers.

The current landscape of industrial relations and labour laws is shaped by the contemporary developments and expansion of the industrial sector. The growth of this sector has introduced a significant impact on the landscape of employment, influencing the economic conditions of the workers and their relationships with their respective organisations.

Every industry in the market operates under specific rules and regulations that ensure compliance with both national and regional laws and policies. Industrial relations are evolving at a rapid rate in India, and the country has been able to keep up with this pace by developing and enhancing the existing legislative frameworks to address these relations. 

Trade Union Act, 1926

The Trade Union Act, 1926 deals with the registration of trade unions, their rights, liabilities and responsibilities to ensure that the funds are utilised efficiently. The Act bestows legal and corporate status to the registered trade unions and seeks to protect them from prosecution. Furthermore, it empowers them to carry out legitimate activities for the benefit of the labourers. The Act extends to the whole of India and is applicable to the union of workers as well as the association of employees. 

Karnataka Trade Unions Regulations, 1958

The Karnataka Trade Unions Regulations, 1958 (“Regulations”) were established under Section 29 of the Trade Unions Act, 1926 (“Act”) to ensure compliance with the provisions of the Act. The regulations are applicable to the State of Karnataka and provide for the application and registration of trade unions in the State. Furthermore, it lays down the process for the cancellation and transfer of the registration of the trade unions established within the State of Karnataka.

In other words, the Regulations provide for the manner in which Trade Unions and the rules of Trade Unions shall be registered within the State of Karnataka. Furthermore, it provides clarity on the fees and transfer of registration from the State of Karnataka to another. 

The Regulations also provide for the qualifications of the persons responsible for auditing the accounts of the registered Trade Unions and the conditions subject to which the documents are inspected by the Registrars.

Industrial Employment Act (Standing Orders) Act, 1946

The Industrial Employment Standing Orders Act, 1946 (“Standing Orders Act”) lays down the framework for regulating the conditions of employment in various industries. The Standing Orders Act applies to all establishments where ten or more employers are employed and defines an “industrial establishment” as one where at least 50 persons are employed at any time during the preceding 12 months. 

The objective behind enacting the Standing Orders Act was to improve the living and working conditions of the workers by providing them with better pay and benefits such as paid leaves, healthcare benefits, safe working conditions, social security benefits and education benefits, among other facilities. Furthermore, the Standing Orders Act plays a crucial role in ensuring that employers do not abuse their power by making unilateral decisions on employment conditions without consulting their employees or their representatives.

The Standing Orders Act regulates the conditions of service of the workers employed in industrial establishments. It lays down the procedure for the settlement of disputes between employers and their employees. It was enacted to promote a better understanding between employers and their industrial workers on various employment conditions and matters related to them.

The Central Government is empowered to make rules for regulating the wages and other conditions of service of the employees in any establishment established under the Standing Orders Act. These rules are issued by the Ministry of Labour and Employment and are known as the “Standing Orders.”

The Standing Orders Act is vital for the employees because it lays down a uniform standard applicable to all the establishments within the territory of India. Furthermore, it provides for settling disputes between employers and employees through conciliation or arbitration, thus establishing an effective machinery for the efficient resolution of disputes. 

Karnataka Industrial Employment (Standing Orders) (Amendment) Rules, 2019

On June 30th, 2020, the Government of Karnataka introduced amendments to the Karnataka Industrial Employment (Standing Order) Rules, 1961 (“Rules”) enacted under the Standing Orders Act. The objective of introducing the amendment was to introduce the concept of fixed-term employment in the State of Karnataka. This model of employment is not new and is followed in the States of Maharashtra, Gujarat, Bihar, Goa and Punjab. 

The Rules have introduced a new category of fixed-term employment to the existing classification of employees as permanent, casual, temporary, badli, apprentice, and probationers in nature. The Rules define a fixed-term employment workman as a workman engaged on the basis of a written contract with an employer for a fixed period of time.

The working hours, wages, allowances, and other benefits of an employer engaged in fixed-term employment should not be less than that of a permanent workman. Furthermore, such an employer is eligible for all the statutory benefits that are available to a permanent workman on a pro-rata basis, irrespective of the period of their employment.

The Rules clearly stipulate that an employer engaged under full-term employment shall not be entitled to any notice or pay if his services are terminated due to non-renewal of a contract of employment or when the existing contract expires. However, the services of an employer engaged under a fixed-term employment contract shall not be terminated as a way of punishment, and he should be given a fair opportunity to be heard on the alleged charges, if any. It is crucial to note that all the establishments in Karnataka, including non-profit trusts, societies, and companies that have fifty or more employees, are included in the ambit of these Rules. These amendments have opened up more employment opportunities and have provided a flexible alternative to employers who now employ workers on the basis of their necessities. Furthermore, the employers are not obligated to keep the workers beyond their payment, which has led to a sudden increase in the ease of doing business in the State and has been extremely crucial for the Micro, Small, and Medium Enterprises (MSMEs).

However, the amendment is silent on the termination of the contract prior to the expiry period, raising gaps for legal consultation. Furthermore, the Rules do not provide for the payment of gratuity to these employees and are silent regarding the tenure-based statutory benefits. 

Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 (“1947 Act”) was one of the last legislations passed before India achieved independence in 1947. It governs the labour regulations for all workers working within the territory of India and was enacted to examine and settle workplace disputes. The objective behind enacting the 1947 Act was to ensure industrial peace and harmony by establishing apparatus and procedures to investigate and resolve industrial disputes through debate and discussions. The legislation is applicable to only the organised sector of the Indian economy and lays down precise instructions and guidelines to establish healthy employer-employee relationships as well as with respect to the works committee for businesses and workers. 

The 1947 Act is applicable to the whole of India and applies to every industrial establishment that is carrying out business, trade, manufacturing activity, or distribution of goods and services, irrespective of the number of workmen employed in these establishments. It does not extend to those employed at managerial and administrative capacity or those engaged in a supervisory capacity in an establishment. 

Industrial Disputes and Certain Other Laws (Karnataka Amendment) Ordinance, 2020

The Industrial Disputes and Certain Other Laws (Karnataka Amendment) Ordinance, 2020 (“Ordinance”) was enacted on July 31st, 2020 and amends the existing Industrial Disputes Act of 1947, the Factories Act of 1948 and the Contract Labour (Regulation and Abolition) Act, 1970. The objective behind enacting the Ordinance was to amend the ease of doing business in the State of Karnataka. The key changes introduced in the Ordinance are as follows:

Chapter VB of the 1947 Act provides that an establishment must have 100 employees for the organisation to lay off its employees or shut down the establishment without seeking government approval. The Ordinance has enhanced this threshold to 300 employees.

The term “factories” after the amendment includes 20 or more employees for manufacturing processes being carried out with the aid of power and 40 or more employees for manufacturing processes being carried out without the aid of power.

The Ordinance amended the Factories Act, 1948 to increase the total number of overtime hours in a quarter to up to 15 hours.

The Contract Labour (Regulation and Abolition) Act, 1970 will now be applicable to every establishment which has 50 or more workmen. 

The ordinance will be applicable to non-profit organisations. In other words, the Ordinance amends the above-mentioned three legislations and provides that these laws will now be applicable to non-profit organisations.

The amendments have brought significant relaxation to labour laws, furthering the ease of doing business in the State of Karnataka. However, experts are worried that these laws lean towards the exploitation of the rights of the labourers. An example of this is the maximum number of permitted working hours per day as per the International Labour Convention, which is 9 hours per day, but the same has now been increased, making the workers vulnerable.

Labour laws on social security

The concept of social security has been evolving since the primitive times when mankind was struggling to protect itself from nature and cope up with its daily necessities. It was during this time that the concept of community was first involved, which led to the creation of families to provide adequate social measures to human beings. 

The International Labour Organisation has given due importance to the concept of social security and has defined it as “security that the society furnishes through appropriate organisations against certain risks to which its members are exposed, i.e., the security is furnished by the society to the members of the society.”

The National Commission on Labour states that the rationale behind the idea of social security is to contribute to the welfare of the country by protecting the citizens against certain hazards. 

All social security measures are threefold in nature:

• Compensation: All social security legislations aim to substitute income due to the interruptions in earrings because of unemployment, sickness, permanent disability, old age, etc.
• Restoration: The social security measure of restoration is to provide certain services, including education, and medical care to the sick and to ensure that the needy and vulnerable individuals are rehabilitated.
• Prevention: Social security measures provide relief during monetary strains and prevent workers from falling into a debt cycle. Prevention is designed to avoid the loss of productive capacity that occurs due to sickness, unemployment, or invalidity and to use the existing available resources for the well-being of the community.

The ultimate objective of social security measures is to ensure livelihood, which is in consonance with Article 21 of the Constitution of India, which provides that every citizen has the fundamental right to life, which includes the right to livelihood as directed by the Supreme Court of India. Further, the Directive Principles of State Policy as enshrined under Part IV of the Constitution of India, are based on socialistic patterns and embrace the principles and policies of social security.

Article 43 of the Constitution of India provides that the States should strive to secure to its workers not only work but also a living wage and decent conditions of work to ensure a decent standard of life along with leisure and social and cultural opportunities. 

In the landmark judgement of Standard Vacuum Refining Co. of India vs. Workmen (1961), the Supreme Court of India held that every workman shall have wages that will maintain them in the highest state of industrial efficiency, will provide for their families all that is necessary for their health and physical well being and is sufficient for them to discharge their duties as a citizen.

Thus, social security measures are crucial for introducing elements of stability and protection in the strains of modern life and the lack of these measures will impede production and prevent the formation of a stable and efficient labour force. 

Karnataka Labour Welfare Fund Act, 1965

The Karnataka Labour Welfare Fund Act, 1965 (“Fund Act”) is a crucial component of the labour laws of Karnataka. It is a state law and is funded by the state authorities. The objective behind enacting the Fund Act was to constitute a labour welfare fund for conducting and financing activities to promote the welfare and security of the labour force in the State of Karnataka. It is applicable to organisations that have more than 50 employees in the preceding 12 business months. All the employers and employees in an organisation are required to donate to the fund to support and improve the working conditions and to ensure social security.

Employers and employees are required to donate Rs. 40 and Rs. 20  respectively and the same shall be made to the Board established under the Fund Act once a year by 31st December of every year. The employer must file returns with the Board by 15 January of the subsequent year. It is pertinent to note that employee contributions can be withheld in the form of wage deductions and thus, employers are required to maintain a record of employees to whom the Fund Act does not apply.

The following establishments are covered under the Fund Act:

• A factory under the Factories Act, 1948 employing one or more persons,
• A motor omnibus service employing one or more persons,
• A society registered or deemed to be registered under the Karnataka Societies Registration Act, 1960 employing 50 or more than 50 employees,
• A charitable or other trust carrying out charitable business, trade or any such ancillary work, employing more than 50 persons,
• Shops and commercial establishments under the Karnataka Shops and Commercial Establishments Act, 1961 employing more than 50 persons.
• A plantation or workshop employing one or more persons.

Any person who is employed for wages to do any skilled, manual, unskilled, or clerical work in any of the establishments as mentioned above will be covered under the Fund Act. 

The Karnataka Labour Welfare Fund Rules, 1968

The Karnataka Labour Welfare Fund Rules, 1968 (“Rules”) were enacted with the objective to finance and conduct activities to promote the welfare of labour in the State of Karnataka. These Rules mandate that employers contribute money to the Labour Welfare Fund to ensure the welfare of the workers and to provide benefits to the workers and their dependents including educational assistance, medical aid, and accident benefits among others. These Rules outline the structure and functioning of the Karnataka Labour Welfare Board. The Board is responsible for administering the Labour Welfare Fund and using it to establish various welfare schemes and benefits. These Rules play a crucial role in specifying the requirements of timely payment of fines and unpaid accumulation by the employers, submission of contribution statements, and maintenance of records by the employers. 

In other words, the Rules aim to establish the framework for collecting contributions and administering a welfare fund to support the social and economic well-being of the workers in the State of Karnataka.

Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 (“1961 Act”)  was enacted with the objective of protecting the rights of women in India. It provides numerous benefits to employed women during the time of their maternity. The 1961 Act is applicable to any establishment that employs more than 10 employees and is crucial legislation to protect the dignity of mothers. The 1961 Act plays a crucial role in not just protecting the rights of women but also taking care of their finances by providing them with various maternity benefits.

The 1961 Act is applicable to all establishments including factories, mines, and plantations. Further, it applies to government establishments and any organisation with more than 10 employees. 

In order to avail of benefits under the 1961 Act, the woman employee must be employed with the establishment for a period of 80 odd days in the preceding 12 months.

As per the 1961 Act, women are entitled to 12 weeks of maternity leave which is now increased to 26 weeks as per the Maternity Benefit (Amendment) Act, 2017. The 1961 Act is also applicable to women who miscarry or get an abortion and are entitled to a maximum of 6 weeks of paid leave.

The 1961 Act is a progressive legislation as it provides women with the opportunity to work from home during their pregnancies. The conditions with respect to the same must be mutually agreed upon between the employer and employee.

The 1961 Act lays down a foundation for women to be secure and confident in their workplace even during pregnancy. It not only safeguards motherhood but also provides a stable financial environment to the mothers. 

Karnataka Maternity Benefit (Amendment) Rules, 2019

The Government of Karnataka introduced the Karnataka Maternity Benefit (Amendment) Rules, 2019 (“2019 Rules”) in order to ensure compliance with the 1961 Act. The following key changes were introduced by the 2019 Rules:

Rule 6(A) providing for creche facilities in all workplaces was inserted. As per the rule, every employer is under a mandate to provide and maintain a creche facility for children below the age of 6 years. Furthermore, there shall be one creche for every thirteen children below the age of six years. Such creche facilities shall be provided to the children of all employees irrespective of the nature of employment. 

The creche facility must be located within 500 metres of the premises of the establishment.

It is mandatory for the creche facilities to be constructed out of heat resisting materials and to be waterproof. Furthermore, the ecosystem of these facilities must be clean, safe, and child friendly in nature.

Every creche facility must have a woman employee who has received a certification from the government after completing her training in “Early Childhood Care and Education” or “Teachers Course Higher ” or equivalent qualifications. Further, the facility must have a creche attention with basic midwifery qualifications or training as an attendant for children. In case the creche facility has more than 10 children, female ayahas shall assist the creche attendant.

The creche facilities shall be functional for the working hours of the mother or the parents of the children.

The creche facilities are under a mandatory obligation to keep the basic medical records of the children admitted to the facility. Further, every child must be medically examined before being admitted and there shall be a periodical check every two months.

B) Rule 6(B) was inserted and it provides for supplying milk and refreshments where a minimum of 250 ml of pure hygiene milk shall be made available to every child every day.

C) Rule 6(C) of the Rules provides that creche staff must have access to clothes, soap and oil. The same must be available for children admitted to the creche.

Payment of Gratuity Act, 1972

The Payment of Gratuity Act, 1972 (“1972 Act”) was enacted for the welfare of the retired employees. It provides financial security to these employees by providing them with a certain amount of money after their retirement to live their lives peacefully after retirement. 

The 1972 Act was introduced by the Central Government to provide one-time gratuity to the employees at the time of their retirement. The legislation is considered to be progressive in nature and falls within the ambit of social insurance and social assistance legislation.

The 1972 Act applies to all the employees working in mines, factories, old fields, plantations, and other related sectors. The legislation facilitates a mandatory law wherein all employees serving for more than five years in any firm will receive a gratuity at the time of retirement.  Furthermore, the legislation also provides gratuity to retired employees due to superannuation, death, or resignation. 

The gratuity is calculated depending on the service tenure of the employee. It employs a formula specifying 15 days’ wages for every completed year. Furthermore, the 1972 Act imposes a stringent temporal constraint, mandating the prompt payment of gratuity within 30 days from an employee’s retirement, resignation, or demise. The 1972 Act also allows the employees to nominate an individual to receive gratuity on their behalf in case of their demise. It is pertinent to note that gratuity is paid only in cases involving retirement, death, disability due to an accident or disease, resignation, termination or lay off due to retrenchment. 

The 1972 Act plays a vital role in promoting the welfare of the employees and has undergone crucial amendments including provisions for female employees for maternity leave. The legislation has several limitations since it does not take into consideration organisations with less than ten employees. It is important to ensure that the implementation of the legislation is ensured and improved so that the companies follow the legislation universally within the territory of India. 

Karnataka Compulsory Gratuity Insurance Rules, 2024

The Government of Karnataka vide its powers under Section 4A of the Payment of Gratuity Act, 1972 has notified the Karnataka Compulsory Gratuity Insurance Rules 2024 (“2024 Rules”). These 2024 Rules are applicable to the existing establishments to whom the 1972 Act is applicable to obtain insurance policies for the payment of gratuity. As per these rules, every new establishment or existing establishment must mandatorily obtain its insurance policy for the payment of its gratuity within 30 days on which these rules become applicable. All the establishments which are under the control of either the Central or State Government will not be covered under these 2024 Rules. 

Furthermore, every employer who has obtained insurance for payment of gratuity should pay the premium in full amount before the expiry of the policy. The employers are also under the mandatory obligation to inform the Controlling Authority of the area about the payment of the premium within 15 days from the date of renewal of the policy. However, there are certain challenges that have come up with these new rules. 

There is a massive increase in the compliance burden on account of registration of establishment, submission of employee details and informing the department about the renewal of the policy. The 2024 Rules are silent about the periodicity of sharing updates about the changes in the employees and policies. Furthermore, the new gratuity funds will be exempted from the provisions of these rules only if the number of employees is 500 or more than 500. Any establishment of irrevocable trust also adds to the compliance activities for the employers. 

The Unorganised Workers Social Security Act, 2008

The International Labour Organisation explains social security as a comprehensive approach designed to prevent deprivation and to give individuals a basic minimum income to ensure the protection of their families from uncertainties. 

The pandemic has had adverse effects on the informal workers in the rural and urban areas causing a rise in unemployment. 

The Government of India enacted the Unorganised Workers’ Social Security Act, 2008 (“2008 Act”)  to provide social security and welfare to the unorganised workers in India. As per 2008 Act, a National Social Security Board is to be constituted at a Central Level to recommend the formulation of various social security schemes that cover areas such as life cover, health and maternity benefits, old age protection and any other benefits as the government may provide from time to time to the workers in the unorganised sector. 

These schemes are as follows:

1. Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) and Pradhan Mantri Suraksha Bima Yojana (PMSBY): These schemes cover the life and disability of workers working in the unorganised sector. The risk coverage under the PMJJBY scheme is for Rs. 2 Lakhs in case of the death of the insured, due to any reason. The annual premium for the same is Rs. 436. Furthermore, the PMSBY scheme provides that the risk coverage is Rs. 2 Lakhs in case of accidental death or permanent disability and Rs. 1 Lakhs for partial permanent disability at a premium of Rs. 20 per annum. 
2. The Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) provides for the health and maternity benefits of up to Rs. 5 Lakhs per family for secondary and tertiary care related hospitalisation.
3. Pradhan Mantri Shram Yogi Maan-Dhan Yojana (PM-SYM): The scheme provides for old age protection to the workers working in the unorganised sector. The scheme launches a pension scheme which provides a monthly pension of Rs. 3000/- after they attain the age of 60 years to the unorganised workers. 

Furthermore, the government has launched various other schemes such as Public Distribution Systems through the One Nation One Ration Card scheme under the National Food Security Act of 2013, Mahatma Gandhi National Rural Employment Guarantee Act of 2005, Deen Dayal Upadhyay Gramin Kausal Yojana, Pradhan Mantri Awas Yojana, Pradhan Mantri Gareeb Kalyan Rojgar Yojana, Mahatma Gandhi Bunkar Bima Yojana, Deen Dayal Antyodaya Parivar Suraksha Yojana, PM SVANidhi, Pradhan Mantri Kaushal Vikas Yojana etc.

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

The legislation is a social security statute that was enacted by the Government of India to provide a safe and healthy environment to workers who are engaged in construction activities. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (“1996 Act”) was enacted to regulate the employment conditions of the construction workers engaged in construction activities. 

The 1996 Act is applicable to every establishment that employs or has employed ten or more workers in any building or any other construction work on any day in the preceding 12 months. These workers include persons who are employed to do any skilled, semi-skilled, unskilled, manual, supervisory, technical or clerical work for hire or for reward in connection to any building or construction work. 

The 1996 Act does not include within its ambit workers who are employed mainly in a managerial or administrative capacity or are employed in a supervisory capacity drawing wages that exceed one thousand six hundred rupees (Rs.1600) per month or exercising functions that are purely managerial in nature.

Furthermore, the 1996 Act provides for establishing the Central Building and Other Construction Workers’ Advisory Committee, also known as the Central Advisory Committee for ensuring the administration of the provisions of the 1996 Act. Similarly, a State Advisory Committee is to be constituted to ensure that the provisions are enacted efficiently within the states in India. 

A building worker must have completed the age of eighteen years to be eligible for getting registered as a beneficiary under this legislation. Further, he should not be more than sixty years of age. 

Significant areas of improvement were suggested by the Ministry of Labour and Employment in the Building and Other Construction Workers Related Laws (Amendment) Bil, 2013 which provides for changing the ambit of establishments, enhancing the scope of the 1996 Act, empowering the Central Government to notify the percentage of the total expenditure incurred by the State Welfare Board and empower the Complaint Redressal Mechanism in order to ensure speedy resolution of disputes. 

Building and Other Construction Workers Welfare Cess Act, 1996

The Building and Other Construction Workers Welfare Cess Act, 1996 was enacted with the objective of levying and collecting cess on the cost of construction which is incurred by the employers. This cess is used to augment the resources of the Welfare Boards established under this legislation for the benefit of the workers as well as for laying down welfare schemes for them. As per the legislation, the Central Government is empowered to notify a cess rate between 1-2% of the total cost of construction incurred by the employer. The employers are required to pay the cess, furnish the returns, and comply with the other administrative requirements. The failure to do so attracts hefty penalties. Every state government is required to appoint inspectors and registering officers to enforce various provisions of this law. 

Labour laws on wages

The Central Government and the State Governments have control over fixing the minimum wages of employment in India. These wage rates differ across occupations, skills, sectors, and regions. The wage and salary structure in India is dependent on the following criteria:

1. State of employment,
2. The area within the state based on the developmental level,
3. Industry in which the individual is employed, and
4. Skill-set

Every state government in India is empowered to fix the minimum wage rates by taking into consideration the time employed in finishing the work, the piece/ amount of work completed, and the overtime hours employed in completing the work. Furthermore, the nature of employment, geographical location, and the age of the employee also play a crucial role in determining the wages of the employees in India. The following legislations are enacted in India to ensure a minimum wage is guaranteed to every individual within their jurisdictions. The legislative framework aims to ensure fair and timely distribution of wages, prevention of discrimination, and ensuring social safety nets for workers across the country. Employers are under a mandate to follow these laws to avoid heavy penalties and to ensure harmonious relations with their employees. 

Equal Remuneration Act, 1976

The Government of India passed the Equal Remuneration Act, 1976 (“Remuneration Act”) with the objective of bridging the gap between male and female workers. The legislation provides for equal wages for men and women on the basis of employment, equal working opportunities for men and women, protecting individuals against discrimination at their places of employment, and ensuring that no individual is discriminated against and unfairly dismissed from employment on the basis of their sex. 

Remuneration refers to the basic wage/ salary and any additional emoluments that are payable either in cash or in-kind to any person employed in respect of employment if the terms of the contract of employment are fulfilled.

As per this law, no woman shall be paid less than what is being paid to their male counterparts of a corresponding grade employed in the same employment in the same nature of the employment. 

The legislation is a comprehensive law that deals with women’s rights and provides them equal pay for equal work. The main disadvantage of this legislation is that it is not applicable to all people who are working in the private sector and only to private companies that employ more than ten employees. Furthermore, proving discrimination is difficult because of the number of staff in a company and other different factors involved in proving whether someone is being discriminated against. 

The legislation marks a milestone in the journey of enacting gender equality laws by addressing discrimination in the workplace. However, there are challenges such as the persistence of societal biases and the need for better enforcement mechanisms. By upholding the provisions of this legislation and fostering a culture of fairness, organisations and society as a whole can create more equitable opportunities for their employees.  

The Remuneration Act has been divided into two levels::

1. Central sphere: It is being implemented by the Central Government with respect to the employment which is carried under the authority of the Central Government, railway administration, banking companies, mines, oil fields, major ports, or any corporation established under the Central Act. The enforcement of the Remuneration Act is entrusted to the Chief Labour Commissioner who heads the Central Industrial Relations Machinery. Labour enforcement officers or inspectors are appointed to investigate the production of registers and records pertaining to the Remuneration Act. 
2. State sphere: With respect to the employment except the ones where the Central Government is the appropriate authority, the authority to implement is with the State Governments. The Central Government monitors the implementation of the Remuneration Act through the State Governments.

The Equal Remuneration Rules,1976

The Central Government under Section 13 of the Remuneration Act enacted the Equal Remuneration Rules., 1976 (“Remuneration Rules”) to ensure the implementation of the provisions of the Remuneration Act. 

The key provisions of the Remuneration Rules are as follows:

1. The Remuneration Rules provide for details regarding the forms that are to be filed with the appropriate authority in order to address the complaints regarding the violation of the provisions of the Remuneration Act.
2. The employers are required to maintain a record in the registers elaborating on the details regarding the number of men and women employees, their job categories, and the remuneration period.
3. The employers face hefty penalties of up to Rs. 10,000 and imprisonment for a period of one month for offences including the failure to maintain registers or produce relevant documents.
4. Furthermore, discriminatory practices such as gender discrimination during hiring can result in penalties amounting from Rs. 10,000 to Rs. 20,000 and an imprisonment of 3 months which may extend to a period of one year. 

To summarise, the Remuneration Rules provide for the procedural framework for filing complaints, maintaining records, and enforcing the provisions of the Remuneration Act, both at the central and state levels.

The Karnataka Payment of Subsistence Allowance Act,1988

The Karnataka Payment of Subsistence Allowance Act, 1988 (“Allowance Act”) was enacted with the objective of providing payment of subsistence allowance to employees during the period of their suspension. As per the Allowance Act, employee refers to any person who is employed in an establishment and does not include a person who is employed in a managerial or administrative capacity. Furthermore, it does not include an employee engaged in a supervisory capacity drawing wages that exceed five hundred rupees per exercise. 

Any employee who is placed in suspension shall be paid a subsistence allowance equal to 50% of the wages drawn by the employee, immediately before such suspension. The same is applicable for the first ninety days only. In case the period exceeds ninety days and is less than one-eighty days, then after the completion of the first ninety days, the employee shall be entitled to 75% of the wages. If the suspension period exceeds one hundred and eighty days, the employee shall be provided with the subsistence allowance at the rate of 90% of the wages drawn by the employee. 

The Karnataka Payment of Subsistence Allowance Rules, 2004

The Government of Karnataka enacted the Karnataka Payment of Subsistence Allowance Rules, 2004 (“Subsistence Allowance Rules”) to ensure the implementation of the Allowance Act. These Subsistence Allowance Rules are applicable to all the employees, whether permanent, temporary, on probation, or suspended from duty. The employees are entitled to receive 50% of their basic wage and dearness allowance during the first three months of suspension. After the expiry of these three months, the allowance can be increased to up to 75% of the basic wages and the dearness allowance at the discretion of the employer. 

Furthermore, the subsistence allowance must be paid on the usual pay day of the establishment. In case the suspension goes beyond the period of three months, the allowance must be paid by the 7th of the following month. 

It is pertinent to note that the authority which placed the employee under suspension must review the case every three months and decide whether to revoke or continue the suspension. In case the employers fail to pay the subsistence allowance, they can be fined up to Rs. 500 or be imprisoned for six months or both.

In conclusion, the Subsistence Allowance Rules outline the procedures and requirements for providing the suspended employees with subsistence allowance including the amount, timelines for making payments, and review of the suspensions. 

Minimum Wages Act, 1948

The Minimum Wages Act, 1948 (“MWA”) was enacted to set a minimum amount of wages that an organisation has to pay to a particular employee, whether skilled or unskilled for a specific job at a particular time. This minimum amount cannot be reduced by any contract or collective agreement. The purpose behind enacting the transaction was to prevent the exploitation of the employees and to ensure a decent standard of living for them. The MWA empowers both the central and state governments with the jurisdiction to fix the minimum wages. It is pertinent to note that the legislation is clear on the point that the payment of wages below the minimum wage rate established by the government is forced labour. 

The MWA provides for three kinds of wages:

1. Living wage: It refers to the level of income for workers to ensure a basic standard of living including good health, education, dignity, comfort, education and provisions for contingency. 
2. Fair wage: Wages paid to the employees that are more than the minimum wage are known as fair wages. Fair wage seeks to maintain a level of employment in the industry and also looks after the capacity of the industry to pay sufficient remuneration to the employees. Fair wages are agreed upon by both the employer and the employee and is the wage above the minimum wage and below the living wage. 
3. Minimum wage: They are the minimum amount of remuneration that an employer is required to pay wage earners for the work that is performed during a given period. 

The MWA is a pivotal legislation under the labour laws of India. It provides a guarantee of minimum remuneration for the work done by the employees. The legislation also fixes working hours, provides for a day off after every six days of work, and provides for payment of overtime. The legislation ensures the economic as well as the social interests of the labourers. 

The Code on Wages, 2019 has repealed the MWA to consolidate all the laws pertaining to wages into one code. However, it has not been enforced yet.

Minimum Wages (Karnataka) Rules, 1958

The MWA has empowered the Karnataka government to set minimum wages for the employees who work in various scheduled jobs. These have been put forth in the Minimum Wages (Karnataka) Rules, 1958 (“Karnataka Rules”). The Karnataka Rules provide that every employer is under a mandate to pay a minimum wage to the employees. These wages are stipulated by the State Government. Furthermore, if the employees are working overtime, the workers have to be paid for the number of hours he has worked overtime. Furthermore, the pay period cannot exceed one month and for the companies with less than 1000 employees and other companies, the employees are to be paid before the 7th day of the month. The deadline for the rest is on the 10th day of the last day of the previous pay period. In the event of termination of the employment, the employees are entitled to remuneration within two working days from the date of termination of employment. The Labour Department of Karnataka has proposed the revised rates of minimum wages in eight scheduled employments including automobile engineering, clay pots, ceramics stoneware, and other allied industries, fish/ shrimp/ crab catching and processing, foundry, industry, security agencies, employment in clearing toilers and scavenging of underwater drains, urban local bodies, town and village panchayats. These amendments have been just proposed and are yet to be finalised. 

Payment of Wages Act, 1936

The Government of India enacted the Payment of Wages Act, 1936 (1936 Act”) with the objective of helping the industrial workers and prohibiting arbitrary wage deductions and eliminating unnecessary delays in paying the wages. The 1936 Act is applicable to all the employees working in a factory, through a subcontractor, or directly with the railway administration, or those operating in the industrial sector. 

It is pertinent to note that the provisions of the 1936 Act will be applicable only to individuals who earn less than Rs. 24,000 per month. The wages can be paid on a day-to-day basis, week-to-week basis, monthly basis, or fortnightly basis. The period of payment should not exceed one month. 

The legislation is a crucial framework with contemporary workforce dynamics. The Ministry of Labour and Employment introduced the Payment of Wages (Amendment) Bill, 2017 (“Amended Act”). In light of the technological advancements, the Amended Act eliminates the requirement of written consent before paying salaries through cheques and direct bank deposits. Furthermore, the Amendment Act emphasises the commitment of the government to advance the digital economy by mandating electronic modes of compensation. 

The 1936 Act is a multifaceted approach providing for the provisions of non-compliance along with fostering industrial peace and harmony. Further, the amendments portray the flexible nature of the legislation, thus, showcasing its evolving nature. 

Karnataka Payment of Wages Rules,1963

The Karnataka Payment of Wages Rules, 1963 (“Wages Rules”) are applicable to employees who earn wages by working in factories, industries, or other facilities and earn wages of up to Rs. 24,000/- on a monthly basis. The objective behind enacting these Wages Rules was to ensure regular and timely payments to the employees and to prevent arbitrary deductions and fines. The employers are under a mandate to provide the wages of all the employees on a monthly basis and the same cannot exceed a period of one month. The wages are to be paid by the 10th day of every month. In case the employee is terminated, the employer is under a mandate to pay the wages within two working days after the termination of the employment relationship. It is crucial to note that the employer is entitled to allowable deductions from the salary of the employees under the provisions of this legislation. However, they should ensure that these deductions are not arbitrary and unauthorised in nature. The fines imposed on employees cannot exceed 3% of the pay during the payment period. The employers are required to maintain a record of the penalties, losses, or deductions for damages and deposits, record the wages and submit an annual report with respect to the same at the end of every financial year. 

Labour laws on working conditions

The Central Government and various State Governments have enacted labour laws on working conditions with the objective of laying down a framework to ensure decent and safe working conditions for the employees. These legislations protect the health, safety, and welfare of the workers in different sectors and industries. These laws play a crucial role in safeguarding the dignity of workers, ensuring their rights are protected, and preventing them from being exploited, especially in the unorganised sector. Furthermore, it promotes a culture of occupational health and safety for the overall productivity and economic development of the industry. The employers are under a legal mandate and moral and social responsibility to ensure compliance with these laws. As the economy continues to grow, the amendments in the existing legislation are addressing the emerging challenges and safeguarding the interests of the workforce in India and different states. 

Beedi and Cigar Workers (Conditions of Employment) Act, 1966

The Beedi and Cigar Industry is an unorganised sector. Workers in this industry earn significantly less than the workers in the other industries, leading to significant economic disparity. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (“Beedi and Cigar Workers Act) provides for the welfare of the workers in the beedi and cigar establishments and regulates their working conditions. The legislation forms a part of the State List and thus, the State Government is empowered to make laws in the domain. As per the legislation, every industrial premise must be kept clean and free from odours from any drain, privy, or other nuisance. Further, they should maintain a standard of cleanliness and maintain lighting, ventilation, and temperature of the premises. It is pertinent to note that every employer is under a mandate to take practical measures and precautions to keep away dust, fumes, or other impurities and buildup in any room since the same is detrimental to those employed in such industries. In case an employee is working overtime, he shall be paid double of his regular pay. The employers are under a mandate to provide washing facilities for the use of the employees in every premises where tobacco is blended or sieved or beedi is warmed in hot ovens.

The legislation plays a crucial role in ensuring the safety of the workers and enhancing their well-being in such establishments. Further, it governs the working conditions of the organisation and makes arrangements for various amenities including drinking water, latrines, urinals, washing facilities, creches, first-aid, and canteens.

Although the Beedi and Cigar Workers Act was enacted a long time ago, the working conditions of the workers in this industry continue to be a matter of concern. The working conditions in the beedi and cigar industry still remain poor with harsh long working hours, low wages, and poor health safety conditions. Thus, although the Beedi and Cigar Workers Act was enacted to protect the rights of the workers in the beedi and cigar industry, it has a limited impact on the lives of these workers who are still being exploited by the employers.  

The Beedi & Cigar Workers (Conditions of Employment) (Karnataka) Rules, 1969

The Government of Karnataka enacted the Beedi & Cigar Workers (Conditions of Employment) (Karnataka) Rules, 1969 to ensure the implementation of the provisions of the Beedi and Cigar Workers Act. As per these rules, the employers are required to obtain a licence to use the premises for the manufacturing of beedi and cigars. This licence has to be issued annually. Further, the employers are under a mandate to maintain records of the working periods, leave with wages, and issue leaves to the employees. It is pertinent to include the overtime wages and weekly holidays for the same. The rules provide that strict supervision is necessary when distributing raw materials to the workers, and limitations are to be imposed on the rejection of the finished products as sub-standard. The employers are under a mandate to provide fire-fighting equipment and submit monthly and annual returns to the authorities. The rules play a crucial role in the labour legislative framework of India by providing for details on the licensing, health, safety, welfare, and administrative requirements for the manufacturing establishments in the State of Karnataka, supplementing the central legislation.

Child Labour (Prohibition and Regulation) Act, 1986

Child labour practices are a hindrance to the mental and physical development of children as it deprives them of their crucial phases of life. The Child Labour (Prohibition and Regulation) Act, 1986 was enacted to safeguard the rights of children below the age of 14 years and to prevent them from working in hazardous industries. Furthermore, it aims to regulate the working hours and conditions of the child workers. 

An amendment was introduced to this legislation in 2017 which placed a complete prohibition on the employment of children below the age of 14 years. They are allowed to work on family businesses or enterprises or other industries if they are below 18 years of age only if the industry is non-hazardous. Furthermore, the Government of India has imposed stricter penalties for the violation of the provisions of this law. The employment of adolescents between the age of 14-18 years is barred in hazardous conditions. As per the amendment, the violation of the provisions of the act is a cognizable offence and the district magistrate or a subordinate office is empowered to enforce the provisions. Following the amendments, the Child Labour (Prohibition and Regulation) Amendment Rules, 2017 were enacted. These provide for a broad and specific framework for the prevention, prohibition, rescue, and rehabilitation of children and adolescent workers. It also lays down the specific responsibilities and duties of the law enforcement agencies to ensure the effective implementation and compliance with the Act. 

Child Labour (Prohibition and Regulation) (Karnataka) Rules, 1997

The Child Labour (Prohibition and Regulation) (Karnataka) Rules, 1997 (“Child Labour Rules”) were enacted by the Government of Karnataka to provide details for the implementation of the Child Labour Act, 1986. The Child Labour Rules outline the specific requirements and restrictions around employing children below the age of 14 years in Karnataka in consonance with the central legislation. Further, they lay down the standards for health, safety, and welfare measures to be provided by the employers where children are legally permitted to work. It also provides for the establishment of the District Child and Adolescent Labour Rehabilitation Fund Scheme providing for financial and other assistance to child labourers. The key protections available to children under the Child Labour Rules focus on prohibiting the employment of children below 14 years of age in hazardous workplaces, regulation of working conditions, the establishment of enforcement authorities like the District Magistrate to look into the inspection of workplaces to take necessary and appropriate action, rescue and rehabilitation of working children and harsh penalties for violating these rules and the central legislation. In summary, the rules were enacted to supplement the central legislation and to ensure that the laws are applicable at the grassroots level as well.

Contract Labour (Regulation and Abolition) Act, 1970

The Contract Labour (Regulation and Abolition) Act, 1970 was enacted to regulate the employment of labourers employed on a contractual basis and to provide for its abolition in certain circumstances. This legislation is applicable to every establishment wherein twenty or more workers are employed or were employed on any day in the preceding twelve months as contractual labour. Furthermore, it is applicable to every contractor who employs twenty or more workmen as contractual labour on any day in the preceding twelve months. It is not applicable to establishments that perform an intermittent or casual nature of work, which is decided by the appropriate authority after consultation with the Central or State Board, as the case may be. The employer is under a mandate to provide essential amenities like canteens, restrooms, drinking water facilities, and first aid facilities to their employees. The expenses incurred on the amenities by the employer can be recovered from the contractor either by deducting the amount which is payable to the contractor under any contract or as a debt payable by the contractor. 

The objective behind enacting the legislation was to prohibit the exploitation of the labourers and to abolish the practice of contract labour where the work is perennial in nature, is incidental to and necessary for the work of the factory, is of the nature that it can employ a considerable number of workmen for a whole time and the work which can be done by ordinary or regular workmen.

The legislation is crucial in a country like India where labourers employed on a contractual basis suffer from a lack of security and harsh economic conditions. They are exploited and not paid for the work even when they undertake as much work as the workers do when employed by the industrialists. Thus, the law plays a crucial role in dealing with such issues and regulating the conditions of these labourers in India. 

Contract Labour (Regulation and Abolition) Karnataka Rules, 1974

The Government of Karnataka enacted the Contract Labour (Regulation and Abolition) Karnataka Rules, 1974 to provide details for the implementation of the Contract Labour (Regulation and Abolition) Act, 1970. These rules provide that the principal employers are required to register their establishments and the contractors supplying labourers on a contractual basis are under a mandate to obtain a licence from the Licensing Officer. The licence is valid for a period of 12 months after which it shall be renewed. Furthermore, the contractors are required to provide facilities like canteens, restrooms, clean and safe drinking water, latrines, urinals, washing facilities, and first-aid kits. In case the contractor fails to provide these, the onus falls upon the principal employer. The contractors are required to maintain registers which would provide for details regarding the workers including their wages and overtime rates etc. The appropriate authority established under these rules i.e., the authorised offices can inspect the establishments and seize the documents in case the provisions of the central legislation and these rules are violated. Thus, these rules play a crucial role in providing for the procedural framework for the registration of these establishments, licensing of contractors, provisions of welfare measures, maintenance of records, and enforcement of the central law. 

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service Act, 1979 (“Migrant Workmen Act”) regulates the employment and working conditions of the migrant workmen. The legislation was passed to provide a framework for regulating the employment of migrant workers in India and to ensure that their rights and interests are protected. Furthermore, it safeguards these workers against exploitation and abuse by their employers and ensures that they are treated fairly and equitably in the workplace. 

The Migrant Workmen Act provides that every migrant worker has to be registered with the district magistrate before he can be employed in any establishment. Further, the employers are required to obtain a licence from the appropriate authorities before employing the migrant workers. Although the legislation protects the rights and interests of these workers and ensures that they are given fair and equal treatment, the Migrant Workmen Act is often considered discriminatory in nature since it is only applicable to the migrant workers and does not cover the local workers. Furthermore, due to its rigid nature, it makes it difficult for the employers to adapt to the practice and processes to ensure effective implementation of the provisions of this legislation. There is a massive scope for improvement in the legislation. The author believes that the migrant workers should be given the same benefits as that of the other labourers in India. Every state government must operate internet portals providing for the registered employers, contractors, businesses, and inter-state workmen. Furthermore, the employers and contractors should be under a mandate to be audited by the state government authorities on an annual basis to ensure that the interstate workers are deployed lawfully and further submit an annual compliance report. It is pertinent to establish a mechanism for certain necessary services like health insurance and education to ensure safety and equality for these workers. 

Inter-State Migrant Workmen (Regulation of Employment and condition of service), Karnataka Rules, 1981

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Karnataka Rules, 1981 were enacted by the Government of Karnataka with the objective of regulating the employment of inter-state migrant workers in establishments in Karnataka. These rules provide for a system of registration of establishments that employ these workers and place a mandate on the workers to provide facilities like the canteens, restrooms, safe and clean drinking water, sanitation, and first-aid by contractors or principal employers. Further, they lay down the duties and obligations of the contractors and principal employers on matters pertaining to maintaining a record of the workers, wage payments, and reporting. They empower the authorities to inspect establishments, investigate violations, and take appropriate and necessary action in case of violation of the provisions. These rules were framed to supplement and ensure the implementation of the central legislation i.e., the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. Thus, by supplementing the central law, the rules provide for the procedural framework for the registration of establishments, licensing of contracts, provisions for the welfare of these workers, maintenance of records, and enforcement of the Migrant Workmen Act.  

Karnataka Industrial Establishments (National & Festival Holidays) Act, 1963

The Karnataka Industrial Establishments (National & Festival Holidays) Act, 1963 (“Holidays Act”) provides for granting national and festival holidays to those employed in the industrial establishments in Karnataka. As per the Holidays Act, the minimum number of holidays to be granted is 10 in a calendar year, including the national holidays on Republic Day, Independence Day, and Gandhi Jayanti. The provisions of the Holidays Act are applicable to the following establishments in Karnataka:

1. Any shop or commercial establishment as provided under the Shops and Commercial Establishments Act, 1961
2. Any factory as provided under the Factories Act, 1948 or any other place deemed to be a factory under Section 85 of the Factories Act, 1948
3. Any plantation defined under the Plantation Labour Act, 1951

The employers are under a mandate to prepare a tentative list of holidays and consult with the employees and their representatives before finalising it. In case the employees object to the same, the state government is responsible for intervening and finalising the holiday list. Wages are to be paid to the employees for all these holidays. In case the employee is working on these days, he/she shall be paid twice the wages and avail wages for a substitute holiday on any other day. Further, no holiday will be provided to the employees on days other than Republic Day, Independence Day, and Gandhi Jayanti, unless the employee is in service for a period of 30 days within a continuous period of 90 days immediately preceding such holiday.

Karnataka Industrial Establishments (National and Festival holidays) Rules 1964

The Karnataka Industrial Establishments (National and Festival Holidays) Rules, 1964 (“Karnataka Holidays Rules”) were established by the State Government of Karnataka under the Karnataka Holidays  Act, 1963 to provide further details on the implementation of the Holidays Act. As per the Karnataka Holidays Rules, employers are required to prepare a tentative list of the holidays and communicate the same to the employees and their representatives. Furthermore, they are required to seek the objectives of the employees within 15 days of communicating the tentative list to them. If the employees do not object to the same, the employers can finalise the list. On the other hand, if the employees object to the list, the employers are required to take necessary action on the same. As per the Karnataka Holidays Rules, the employers are required to display the final list of national and festival holidays in English and Kannada language on the notice boards of the industrial establishments before 31st December of each year. Furthermore, the government of Karnataka can exempt certain cases of establishments including cinemas, restaurants, hospitals, shops at transport hubs, petrol pumps etc. from the grant of holidays. To conclude, the Karnataka Holidays Rules provide for the procedural framework for the employers to consult and finalise the holiday list with the employees, display the list on the notice boards, and enable the enforcement of the provisions of these rules through the appointment of inspectors. 

Karnataka Shops and Commercial Establishments Act, 1961

The Karnataka Shops and Commercial Establishments Act, 1961 (“Commercial Establishments Act”) was enacted with the objective of regulating the operations of the shops and commercial establishments. The legislation was introduced to regulate the working hours, annual leave with wages, compensation and wages along with the employment of women and children in shops and commercial establishments. It is pertinent to note that the commercial establishments in India are required to abide by the Weekly Holidays Act, 1942 which was enacted by the Central Government to govern the grant of holidays. The Commercial Establishments Act is applicable to all the shops and commercial establishments except the following:

1. Offices of or under the Central/ State Governments or under the Local Authorities,
2. Any railway service, water transport service, postal, telegraph, or telephone service, any system of public conservancy or sanitation or any industry, business or undertaking which supplies power, light, or water to the public,
3. Railway dining cars,
4. Establishments for the treatment and care of the sick, infirm and mentally unfit,
5. Establishments of the Food Corporation of India,
6. Offices of legal practitioners and medical practitioners wherein no more than three persons are employed,
7. Offices of the banking companies,
8. Any person employed in any business as mentioned above
9. Persons occupying the positions of management in any of the establishments,
10. Persons who are directly engaged in preparatory or complementary work.

It is mandatory for all the shops and establishments except those mentioned above to be registered under the Commercial Establishments Act. The same has to be done within a period of 30 days from the date of starting the business. Upon receiving the registration, the certificate is to be mandatorily displayed in the premises.  The provisions prohibit the employment of children who have not completed the age of 14 years in any of the establishments. Furthermore, women and young people are not allowed to work as employees in these establishments during the night. Further, employees can work for only nine hours any day and forty-eight hours in a week. All the establishments are required to remain closed one day a week and every employee is to be given at least one whole day in a week for rest. An establishment can remain open on all days only if it has additional staff. 

Furthermore, in case of termination, an employer must pay an employee the amount payable before the expiry of the second working day from the day of termination. In case the employee resigns, the amount is to be paid before the next pay day. 

Karnataka Shops and Commercial Establishments Rules, 1963

The Karnataka Shops and Commercial Establishments Rules, 1963 were enacted to supplement the Commercial Establishments Act and to ensure the implementation of the provisions of central legislation in the state of Karnataka. Under these rules, the employers are required to maintain registers and records for leave with wages and registers for attendance, wages, overtime, etc. Furthermore, the establishments are required to undertake measures to ensure the health, safety and welfare of their employees. Thus, they are under a mandate to ensure cleanliness, proper lighting, fire safety, and other precautions. Furthermore, sufficient provisions are to be made for staircases, emergency exits etc. In summary, these rules provide for the registration process, requirements for keeping the necessary records, health and safety standards, enforcement mechanisms, and other procedural aspects for the effective implementation of the central legislation in the State of Karnataka.

Motor Transport Workers Act, 1961

The Motor Transport Workers Act, 1961 is a central legislation aimed at regulating the employment of motor transport workers and their working conditions. It provides for the registration of the motor transport undertakings and workers and sets out the duties and responsibilities of the employers and employees with respect to the employment of motor transport workers. Furthermore, the law provides for the settlement of the disputes through alternative dispute resolution mechanisms including arbitration and conciliation. The act also lays down the rules for the payment of wages, working hours leaves, and other conditions of service of the motor transport workers. Further, the employment of children below the age of 14 years is prohibited in the industry. The workers engaged in the motor transport industry are covered under the Payment of Wages Act, 1936. The legislation was enacted to ensure the welfare of the workers in the motor transport industry employing five or more workers in all states in India.

Motor Transport Workers (Karnataka) Rules, 1964

The Motor Transport Workers (Karnataka) Rules, 1964 were enacted by the State Government of Karnataka to further the implementation of the Motor Transport Workers Act, 1961. It lays down details on the procedures and requirements of the registration of the motor transport undertakings in the state of Karnataka, appointment of inspectors, provisions for the welfare of the workers, regulation of the working hours, payment of wages, and enforcement of the central legislation in the state. The rules also lay down harsh penalties for violating the provisions of the Central legislation or these rules including obstructing the inspectors, employing workers without proper registration, etc. These rules play a crucial role in ensuring the safety and well being of the motor transport workers in Karnataka.

Plantations Labour Act, 1951

The Plantation Industry is one of the largest private employers in India. However, the plantation workers are among the most exploited workers and their wages are amongst the lowest when compared to other workers and their working conditions. The Parliament passed the Plantations Labour Act, 1951 (“PLA”) with the objective of ensuring the welfare of the labourers and regulating the conditions of the workers in the sector. The PLA empowers the State Governments to take all the necessary steps to improve the conditions of these workers. It is applicable to any land that is used or intended to be used for growing tea, coffee, rubber, cinchona, cardamom or any other plant that measures 5 hectares or more where 15 or more workers are employed on any day in the preceding 12 months. The employers are under a mandate to ensure that safe and clean drinking water, accessible latrines, medical facilities, etc are made available to the workers. Further, the establishments should have canteens, creche facilities, recreational facilities, and educational and housing facilities for the employees and their children. Further, the PLA provides that no worker will work for more than 5 hours before he/she has had an interval of 30 minutes for rest. Women and children are not required or allowed to work during the night shifts. The legislation also provides that an adult worker is entitled to one day of paid leave after every twenty days of work. Furthermore, every worker is entitled to a sickness allowance. Although the PLA is a progressive legislation, the benefits under the legislation are highly unachieved due to the ignorance of the workers about their rights under the law. 

Plantations Labour (Karnataka) Rules, 1956

The Government of Karnataka enacted the Plantations Labour (Karnataka) Rules, 1956 to ensure the effective implementation of the PLA in the state of Karnataka. As per these rules, the plantation owners are required to register their establishments and provide details on the nature of the plantation, the area used, the maximum number of workers employed, etc, following which a certificate of registration shall be issued. This certificate shall be renewed periodically. The rules also outline the procedures for issuing, maintaining records, and replacing the lost certificates of the health records of the workers. Furthermore, the rules authorise the inspectors to inspect the plantations, examine records, and take enforcement action. To conclude, these rules outline the registration process, and measures for ensuring the safety, health and welfare of the workers, lay down the responsibilities of the employers, and provide for the enforcement mechanisms for implementing the provisions of the central law in the state of Karnataka.

Amendments in Labour Laws in Karnataka

Licence extension under the Karnataka Factory Rules

The Government of the State of Karnataka in 2020 amended Rule 5(2) of the Karnataka Factory Rules, 1969 which increased the period for licensing renewal to 10 years or more. Furthermore, it provided that the same should not exceed 15 years and such a licence renewal application has to be made along with the payment of fees under sub-rule (1) of Rule 5. 

Factories (Karnataka Amendment) Act, 2023

The Government of the State of Karnataka introduced various amendments to the provisions under the Factories Act, 1948 (“1948 Act”) which are as follows:

Section 54

Under Section 54 of the 1948 Act, sub-clause 2 has been included and it provides that the State Government may by notification in the Official Gazette extend the daily maximum working hours provided for under this provision up to twelve hours inclusive of the intervals for rest on any day. The same is subject to a maximum of forty eight hours in any week as specified under Section 51, with respect to any group, class or description of factories on such conditions as it may deem expedient. It is subject to the written consent of the workers and the remaining days of the said week for the worker shall be paid holidays.

Section 55

Sub-clause 3 was included in Section 55 which provides that the State Government may by notification in the Official Gazette extend the total number of working hours of a worker without an interval to six hours in respect of any group, class, or description of factories on such conditions as it may deem necessary and expedient.

Section 56

The amendment introduced sub-clause 2 of the provision which provided that the State Government may by notification in the Official Gazette increase the spread over up to 12 hours inclusive of his interests for respect in respect of any group, class, or description of factories on such conditions as it may deem expedient.

Section 59

Under Section 59 of the 1948 Act, sub-clause 1 was substituted and it was provided that where a worker works in the factory for:

• More than nine hours on any day or for more than forty eight hours in any week or works for six days a week,
• More than ten hours on any day or for more than forty eight hours in any week or works for five days in any week, 
• More than eleven and a half hours on any day working for four days in any week, or working on days of paid holidays

shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of overtime work.

Section 66

The entire provision was substituted by the amendment and the following changes were introduced:

• Working hours: The amendment provided that no woman shall work in a factory except between 6 A.M. and 7 P.M. Women are allowed to work between 7 P.M. and 6 A.M. only subject to certain conditions.
• Prevention of sexual harassment: Employers are responsible for ensuring the prevention and deterrence of sexual harassment acts. They are required to lay down procedures for resolving, reporting, and prosecuting such acts of sexual harassment. Furthermore, the amendment prohibits sexual harassment in any form including unwelcomed behaviours, advances, demands for sexual favours, sexually coloured remarks, or any unwelcomed contacts or gestures.
• Working conditions: The employers are responsible for ensuring that the working space is not hostile towards women. Furthermore, the factors are required to establish a complaint redressal mechanism for ensuring time-bound treatment of complaints. These mechanisms should include a Complaint Committee, a special counsellor, or other support services and ensure that confidentiality is maintained at the same time. Furthermore, sufficient restrooms must be made for female workers.
• Security: Sufficient security must be deployed at the entry and exit points of the factors during night shifts. Female employees must be allowed to raise sexual harassment issues in worker meetings and other forums. Furthermore, women should not be employed in batches of less than ten to ensure their safety and protection.
• Supervision and safety: The provision provides that at least 1/3 of the supervisory staff during the night shifts should be women. The personal contact information of the women should not be disclosed to unauthorised persons. The routes for dropping women home should be selected carefully to ensure that no women are picked first or dropped last. Night shifts are not mandatory for women. A written consent has to be obtained from those who are interested in working during the night shifts.

Shops and Establishments Act, 1961

The Government of State of Karnataka introduced an amendment under the Shops and Establishments Act, 1961 (“1961 Act”) in 2021 to limit the overtime working hours and provided that an employee in an establishment shall not be required or allowed to work for more than nine hours on any day. Furthermore, no employee shall be required or allowed to work for more than forty-eight hours a week. Moreover, the 1961 Act further provided that the total working hours including the overtime hours will be ten hours except on days of inventory and account preparation days. Furthermore, the total overtime for employees for a period of three consecutive months should not exceed fifty hours. 

Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976

The Commissioner of Commercial Taxes declared that from April 1, 2022, every employer liable to be registered under the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 (“1976 Act”) shall submit an application for a certificate of registration, electronically through the internet in the prescribed manner. Every employer has to open the official website and submit the application form consisting of the following details:

• Legal name of the employer,
• Permanent account number or tax deduction account number or tax collection account number of the employer,
• Trade name of his/ her company, if any;
• Constitution of profession, trade, etc,
• Nature of the profession, trade, etc,
• Full postal address and telephone numbers of the main place of work and the additional places of work,
• Required details of the authorised signatory,
• Scanned documents, and
• Consent.

In other words, every employer who is liable to be registered under the 1976 Act shall submit an application for getting registered in the prescribed manner along with the above mentioned details. 

Landmark judgements

Bengaluru Water Supply and Sewerage Board vs. A Rajappa (1978)

In this landmark judgement, there was a major dispute between the Bengaluru Water Supply and Sewerage Board, its management who were the appellants in this case, and the employees of the Board who were the respondents. The Board has levied a penalty on the employees for some kind of misconduct and recovered hefty penalties in the form of money from them. Aggrieved by the decision of the Board, the respondents reached the labour court under Section 33C(2) of the Industrial Disputes Act, 1947 alleging that the imposition of the fine was against the principles of natural justice. 

However, the appellants argued that the Board was a statutory body serving the citizens, and thus it does not fall within the ambit of the term “industry” as has been defined under the Industrial Disputes Act, 1947. The labour court rejected the contentions of the Board and observed that it falls within the ambit of “industry” as defined under Section 2(j) of the Industrial Disputes Act, 1947.

Aggrieved by the decision of the labour court, the appellants approached the High Court of Karnataka which upheld the decision of the labour court. 

The appellants then approached the Supreme Court of India wherein the Apex Court laid down the “Triple Test Method” to determine what activities are covered within the ambit of industry. The test can be summarised in the following points:

1. Whether there is a systematic activity being carried out on the cooperation between the employer and employee for the purpose of production and services for satisfying the wants and wishes of the human being,
2. It is crucial to know whether there is an objective of gaining profiles behind the establishment of the cooperation or the venture,
3. The major focus should be on the relationship between the employer and employee, and
4. If the organisation is for the purposes of trade or business and would not cease to be the one based upon philanthropic nature.

This implies that an organisation having all these above-mentioned elements would be considered an industry for the purposes of Section 2(j) of the Industrial Disputes Act, 1947. As a result, the Bengaluru Water Supply and Sewerage Board falls within the ambit of industry for the purposes of the Industrial Disputes Act, 1947.

M/S Automotive Axles Ltd. Bengaluru Water Supply and Sewerage Board vs. Shri. N. Sandeshkumar (2018)

In this case, the services of the respondents were terminated without any justification following which they raised an industrial dispute by way of an appeal which was referred to the High Court of Karnataka by the Government of Karnataka under Section 10(1)(c) of the Industrial Disputes Act, 1947. The management contended that the respondents did not fall within the ambit of “Workman” under Section 2(s) of the Industrial Disputes Act, 1947 since they were the managerial staff. Thus, the issue before the court was whether the respondents were falling within the ambit of the definition of “workman” under Section 2(s) of the Industrial Disputes Act, 1947. Furthermore, the counsel for the management contended that if the labour court proceeds to assume the jurisdiction over a non-industrial dispute, the same would be challenged as was observed by the Supreme Court of India in the case of Management of Express (Pvt) Ltd., Madras vs. Workers and Others (1963).

The High Court of Karnataka observed that the labour courts are established under the provisions of the Industrial Disputes Act, 1947 to ensure speedier and efficient adjudication of industrial disputes to the exclusion of the civil courts. Furthermore, an issue which can be decided on the basis of the material on record can be tried as a preliminary issue especially in cases where the fate of the main matter depends on the answer to the same. Where the issue in hand involves disputed questions of facts which would be established only after the trial, the consistent view of the Courts is that the main matter itself should be set out for a trial. 

Furthermore, the High Court observed that the reference in this case was made by the State Government of Karnataka to look into whether the dispute in hand involves a question on industrial disputes. Herein, the court observed that the issue is a mixed question of law and fact especially when the claimants have disputed the assertion of the management. The court observed that this is an industrial dispute and should not undergo the split stages of a mini trial for deciding the preliminary issue and a trial for deciding the main matter. As a result, the court dismissed the written appeals and pending interlocutory applications. 

Private Hospital and Nursing Homes Association vs. the Secretary, Labour Department, Government of Karnataka (2019)

In this case, the issue before the High Court of Karnataka was whether there could be different rates of minimum wages for different localities in the same state. The High Court observed this matter following the judgement of the Supreme Court of India in the matter of Bhikusa Yamasa Kshatriya vs Sangamner Akola Taluka Bidi Kamgar Union (1963) and held that different rates of minimum wages can be fixed for different locations within the same state. The rationale provided for the same was that every place has its own cost of living and depending on the prevailing economic conditions, the minimum wages are to be decided. Furthermore, on the question of whether the fixation of wages under the Minimum Wages Act, 1948 is a legislative function or not, the Karnataka High Court relied on the judgement of its co-ordinate bench in the case of Mangalore Ganesh Beedi vs. the State of Karnataka (2003) and observed that the power of fixation of wages by the appropriate government does not fall within the ambit of a quasi-judicial function or an administrative function but is a legislative function. Furthermore, it was observed that with respect to the interference of the court in case of a notification fixing minimum wages, the court’s interference is ultra vires the Minimum Wages Act, 1948. 

Critical analysis

Labour laws play a crucial role in creating harmonious relationships between the employers and employees in any organisation. These relationships are crucial for minimising conflicts and building an environment of understanding and cooperation in an establishment. The author firmly believes that labour laws play a crucial role in contributing to the success of any organisation. Implementing these laws aids the establishment of cordial relations and enhances work efficiency by increasing productivity and success for any company.

Furthermore, labour laws play a crucial role in enhancing working conditions, health and safety of the workers, and ensuring social security by providing them wages, thus, providing them with economic and non-economic benefits. Laws of labour play a crucial role in preventing industrial disputes, and in case the disputes arise, provide for easy and efficient dispute resolution mechanisms where the conflicting parties can settle their disputes cordially.

However, the existing labour legislation in India has led to certain issues including the poor implementation of laws which leaves the employees vulnerable and exploited. Further, the lack of information and awareness regarding the rights of labourers devoid these workers of monetary and non-monetary benefits. Furthermore, the poor literacy rates lead to little to no importance and consideration for labour rights. One of the greatest challenges is the lack of unity among the workers. People are divided on the basis of their race, religion, caste, language, etc which leads to the creation of formal and informal groups within the organisations. This lays down the ground for weak trade union organisations, as a result of which, the employers take advantage of their workers and neglect their rights. 

Conclusion

India is a labour surplus nation and has all types of labour including the skilled, semi-skilled, and unskilled labour force available at low costs. The majority of labourers come from rural India and are not aware of their rights. Thus, it is crucial to ensure that their rights are safeguarded and a correct mechanism is established to protect them from exploitation. Safeguarding their rights is important to ensure that their needs are not neglected and they are granted social security benefits and welfare schemes. Labour legislation in India is complex in nature and thus, has retarded the growth of the production sector. 

Although amendments have been introduced in the existing labour legislation framework of India, the provisions failed to address the challenges associated with the terms and conditions of employment. Thus, the government needs to address these issues and ensure that all the actors of industrial relations including the employees, employers, and government are working hard towards ensuring the rights of the workers and making their workplace safe, healthy, and secure for them. 

Frequently Asked Questions (FAQs)

What is the purpose and objective of the Factories Act, 1948?

The Factories Act, 1C948 is applicable to all factories wherein (a) 10 or more workers are employed in the preceding 12 months and where manufacturing processes are carried out with the aid of power, and (b) 20 or more workers are employed in the preceding 12 months wherein the manufacturing processes are carried out with the aid of the power.

What compliances are crucial under the Factories Act, 1948?

As per the Factories Act, 1948, the occupier is required to obtain a licence to establish and operate a factory. The application for the licence has to be made 15 days prior to the occupation or use of the premises of the factory. Furthermore, the occupier or the manager is under a mandate to maintain a register of the workers employed in the factory. There is also a requirement of displaying a notice regarding the abstract of the same to be displayed in English and vernacular languages in a convenient place in the factory. 

Who is the authority responsible for the payment of wages under the Payment of Wages Act, 1936?

The managers of the factories or the supervisors of an industry are the relevant authorities responsible for the payment of wages as an employer for factories, industries, or any other establishments. The employer is required to pay the minimum wage on time as per the provisions of the Act.

Who is responsible for fixing the minimum wages under the Minimum Wages Act, 1948?

As per the Minimum Wages Act, 1948, the Central Government and the State Governments are responsible for fixing the minimum rate of wages. The minimum wages are to be fixed through notifications on all the occupations which fall within the authority of these governments.

What are the duties of an occupier under the Factories Act, 1948?

As per the Factories Act, 1948, the occupier has certain basic duties and responsibilities including-

• maintenance of machineries to ensure that the workers are safe and there is no risk to their health, 
• making arrangements in the factory to ensure the safety and absence of risks to the health of the workers in connection to the use, handling, storage, and transport of articles and substances, and 
• providing information, instruction, training and supervision to the workers which is necessary to ensure the health and safety of all workers at work. 

Which matters are governed by the Industrial Disputes Act?

The matters which are governed by the Industrial Disputes Act, 1947 include the settlement of disputes between the employer and employees, the regulation and prohibition of strikes and lockouts by the workers, the workers’ rights in cases of lay off or retrenchment by the employers along with the regulation and prohibition of unfair labour practices by the employers. 

What is the purpose and applicability of the Shops and Establishments Act?

The main objective of the Shops and Establishments Act is to regulate the payment of wages, terms of service, leaves, work conditions, and certain other benefits to all those employed with shops and commercial establishments. Each state in India has its own legislation with respect to the same and is applicable to all the shops and commercial establishments from where any business, trade, or profession is carried out. 

What are the occupations to which the Minimum Wages Act, 1948 is applicable? 

The Minimum Wages Act, 1948 is provided in the schedule attached to the Act which includes employment including tea or coffee plantation, construction or maintenance of roads and buildings, mining, loading and unloading of the goods in ports and agriculture, etc.

What are the obligations and duties of the employer under the Maternity Benefit Act, 1961?

As per the Maternity Benefit Act, 1961, an employer has the following duties and obligations:

1. An employer cannot knowingly employ any woman in an establishment during the six weeks immediately following the date of delivery or miscarriage,
2. The employer is required to pay maternity benefits at the range of the average daily wages for the period of a woman employee’s actual absence immediately preceding and including the day of her delivery and six weeks immediately following that day and,
3. An employer cannot discharge or dismiss a woman who absents herself from work for maternity leave in accordance with the provisions of the law. 

What is the applicability of the Contract Labour (Regulation and Prohibition) Act, 1970? 

The Contract Labour (Regulation and Prohibition) Act, 1970 is applicable to the following:

1. Every commercial establishment wherein 20 or more workers are or were employed on any day of the preceding 12 months as contract labourers, or 
2. Every contractor who has employed or had employed 20 or more workers in any of the preceding 12 months.

Furthermore, the provisions of this Act are applicable to all the workers who are employed in any establishment to do any skilled, unskilled, supervisor, technical, or clerical work for reward. However, it is crucial to note that it is not applicable to workers who are employed in a supervisory, managerial or administrative capacity or are drawing a wage of Rs. 5000 or more per month. 

Is there any provision for equal pay for both men and women?

The Equal Remuneration Act, 1976 provides that every employer has to pay equal remuneration to both men and women employees. The remuneration has to be equal for the same work being done by them and there should be no discrimination in case of recruitment or in terms of service for men and women as per the provisions of this Act.

References

• https://www.labourbureau.gov.in/assets/images/pdf/Report_MTW_1961_2016.pdf 
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