UGC NET/JRF EXAM, JULY-2022 Labour and Social Welfare

International Labour Conference (ILC) also known as the 'labour parliament' of the country formed on the lines of International Labour Conference is the apex level tripartite (Government, Employers and Workers) consultative committee in the Ministry of Labour & Employment.

Each member State is represented by a delegation consisting of two government delegates, an employer delegate, a worker delegate, and their respective advisers. The first meeting of the ILC (then called Tripartite National Labour Conference) was held in 1942 and so far a total of 46 Sessions have been held. The most recent session of which was held in 2015.

Members: Central Trade Union Organisations, Central Organisations of employers, all State Governments and Union Territories and Central Ministries/Departments concerned with the agenda items, are the members of the ILC.

According to section 7B in The Industrial Disputes Act, 1947:

1. The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.

2. A National Tribunal shall consist of one person only to be appointed by the Central Government.

3. A person shall not be qualified for appointment as the presiding officer of a National Tribunal [unless he is, or has been, a Judge of a High Court].

4. The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.

According to section 9C of Industrial Disputes Act 1947, the total number of members of the Grievance Redressal Committee shall not exceed more than six, provided that there shall be, as far as practicable one-woman member if the Grievance Redressal Committee has two members and in case the number of members is more than two, the number of women members may be increased proportionately.

Economic Strike: Under this type of strike, labours stop their work to enforce their economic demands such as wages and bonus.

Sympathetic Strike: When workers of one unit or industry go on strike in sympathy with workers of another unit or industry who are already on strike, it is called a sympathetic strike.

General Strike: It means a strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers.

Sit Down Strike: In this case, workers do not absent themselves from their place of work when they are on strike. They keep control over production facilities, but do not work. Such a strike is also known as 'pen down' or 'tool down' strike. Workers show up to their place of employment, but they refuse to work. They also refuse to leave, which makes it very difficult for employer to defy the union and take the workers' places.

Slow Down Strike: Employees remain on their jobs under this type of strike. They do not stop work, but restrict the rate of output in an organized manner. They adopt go-slow tactics to put pressure on the employers.

Sick-Out (Or Sick-In): In this strike, all or a significant number of union members call in sick on the same day. They don't break any rules, because they just use their sick leave that was allotted to them on the same day. However, the sudden loss of so many employees all on one day can show the employer just what it would be like if they really went on strike.

Wild Cat Strikes: These strikes are conducted by workers or employees without the authority and consent of unions. In 2004, a significant number of advocates went on wild cat strike at the City Civil Court premises in Bangalore. They were protesting against some remarks allegedly made against them by an Assistant Commissioner.

Strikes and picketing are forms of protest that are often used by labour unions to gain concessions from their employees. Strike is a cessation of work whereas picketing is assembling outside a workplace or location to prevent others from going to work.

The Apprentice Act of 1850 was followed by the Factories Act, 1881, and the Bombay Trade Disputés (and Conciliation) Act, 1934, was the first State law. During World War II, both of these, as well as the Bombay Industrial Disputes Act, 1938 were amended.

In its place, the Bombay Industrial Relations Act, 1946, was enacted. The Central government passed the Industrial Employment (Standing Orders) Act, 1946 around this time. The Industrial Disputes Act, 1947, which was later amended, took the place of the Trade Disputes Act, 1947.

This law is the primary tool for governmental intervention in labour disputes. Following independence, many laws governing labour employment and social security were enacted.

Child Labour Prohibition Act, (1986) Employment of children below 14 and 15 years in certain prohibited employments have been prohibited by various Acts but there is no procedure laid down in any law for deciding in which employments, occupations or processes the employment of children should be banned.

Accordingly, it was decided to enact a comprehensive law on the subject and to achieve this objective the Child Labour (Prohibition and Regulation) Bill was introduced in the Parliament.

The Child Labour (Prohibition and Regulation) Bill, 1986 having been passed by both the Houses of Parliament received the assent of the President on 23rd December, 1986. It came on the Statute Book as THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 (61 of 1986).

Here, the word "child" means a person who has not completed his fourteenth year of age.

ccording to section 5 of Contract Labour (Regulation & Abolition) Act 1970:

(a) the act shall not apply to establishments in which work only of an intermittent or casual nature is performed.

(b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with the Central Board or, as the case may be, a State Board, and its decision shall be final.

For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature

(i) if it was, performed for more than one hundred and twenty days in the preceding twelve months, or

(ii) if it is of a seasonal character and is performed for more than sixty days in a year.

The gratuity meaning can be explained by the amount paid by an employer to its employees for rendering their services for 5 or more years. Gratuity is paid to an employee as part of his/her salary and is considered to be a benefit plan which is designed to help the employee during his/her retirement.