Objectives:
In this course, students are to be acquainted with legal frame-work relating to social
security and welfare. It is necessary to know the concept of social security, its importance and
also Constitutional basis for the same. The importance of ensuring health, safety and welfare of
the workmen and social assistance and social insurance schemes under various legislations are to
be emphasised. The main theme underlying the programme is to critically examine provisions of
the Factories Act, 1948, the Child Labour (Prohibition and Regulation) Act, 1986, the Contract
Labour (Regulation &Abolition) Act 1970, the Minimum Wages Act, 1948, the payment of
Bonus Act, 1965, the Payment of Gratuity Act, 1972, the Employees’ State Insurance Act, 1948,
the Employees’ Provident Fund (Family Pension Fund and Deposit Linked Insurance Fund) Act,
1952, the Maternity Benefit Act, 1961, the Unorganised Sector Workers’ Social Security Act,
2008, These legislations are to be studied with a view to acquaint the students regarding various
rights and benefits available to the workmen thereunder. These legislations are to be analysed by
examining historical background, objectives underlying these legislations, judicial interpretations
and effectiveness of these legislations in the changing times.
Unit I
Constitution and Labour welfare – The Bonded Labour System Abolition Act, 1976
The Equal Remuneration Act, 1976
the Inter-State Migration of Workers Act, 1979
the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Unit II
Concept of Wages
Theories of wages and Kinds of wages. The Minimum Wages Act, 1948 -Definitions – appropriate government, employer, employee, Scheduled employment, etc.
Fixation of Minimum rates of wages – Methods – Regulation of working conditions – Payment of Wages, Working Hours, etc.
Bonus – Context -a claimfor share in profits even after payment of wages according contract of employment? Is it a breach of contract or an implied term of the contract? –
concepts of bonus and right to share in profits – The payment of Bonus Act, 1965 – definitions – provisions relating to payment of bonus
judicial interpretations and constitutionality of the provision relating to Govt’s power to exempt.
Gratuity – Context – reward for long drawn loyal service -employers’ liability or good gesture?
Historical developments. The payment of Gratuity Act, 1972 – definitions – judicial interpretation and parliamentary amendment of the definition of employee. – payment of gratuity – determination of the amount of gratuity – authorities.