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LABOUR LAWS
APPLICABLE TO THE HOSPITAL
Answer the following
questions. All questions carry equal marks
Total Marks-150
Q.1. Write the important provisions of the Industrial Disputes
Act,1947.
Ans: The Industrial Dispute
Act, 1947 makes provision for the investigation and settlement of disputes that
may hamper the peace of the industry. It ensures harmony and cordial
relationship between the employers and employees. The Act provides
self-contained code to compel the parties to resort to industrial arbitration
for the resolution of disputes. It also provides statutory norms besides
helping in the maintaining of cordial relation among the employers and
employees ,reflecting socio-economic justice.
The act provides for the following authorities for Investigation and
Settlement of industrial disputes:
(i) Works Committee
(ii) Conciliation Officer
(iii) Boards of
Conciliation
(iv) Court of Inquiry
Q.2. Which acts are named as misconduct as per the Industrial
Employment (Standing Order) Act.
Ans: In exercise of the powers conferred by
section 15, read with clause (b) of section 2 of the Industrial Employment
(Standing Orders) Act, 1946 (20of 1946), the Central Government is pleased to
make the following rules, the same having been previously published as required
by sub-section (1) of the said section 15, namely:
(1) These rules may be called the
Industrial Employment (Standing Orders) Central Rules, 1946.
(2) They extend to all Union
territories, and shall also apply in any State(other than a Union territory) to
industrial establishments under the control of the Central Government or a
Railway administration or in a major port, mine or oil field.
Q.3. Discuss the important provisions of Workmen Compensation Act,
1923.
Ans: The Workmen's
Compensation Act 1923 was enacted to help workmen face the hardships resulting
from accidents. These legal provisions apply equally to women workers also. An
employer liable to provide monetary compensation to a disabled workman, or to
his dependents, in case of his death, if the disablement or death occurs
"out of and in the course of employment."
Any worker employed in any of a wide variety of hazardous occupations who
has suffered an injury is eligible for compensation. If he dies, his dependents
can claim the benefits provided by the Act. The injury must disable him for
more than 3 days, totally or partially. The disablement means the loss in the
earning capacity of a workman in every employment which he was capable of doing
at the time of the accidents. Its effect may be temporary or permanent
(Schedule 1). To get compensation for an occupational disease, a workman must
have been employed in the specified occupation for a continuous period of at
least 6 months. If the
Q.4. Write notes on
a. Benefits under The Maternity Benefit Act, 1961
b. Fixing of Minimum Rates of Wages.
Ans: a. Benefits under The Maternity Benefit Act, 1961:
The Maternity Benefit Act, aims to regulate of employment of women
employees in certain establishments for certain periods before and after child
birth and provides for maternity and certain other benefits. Employment of or
work by, women prohibited during certain periods.-
(I) No employer shall knowingly employ a woman in any establishment
during the six weeks immediately following the day of her delivery,
1[miscarriage or medical termination of pregnancy].
(2) No women shall work in any establishment during the six weeks
immediately following the day of her delivery 2[miscarriage or medical
termination
b. Fixing of Minimum Rates of Wages:
The Minimum Wages Act, 1948 is an Indian legislation enacted by the
Parliament of India for statutory fixing of minimum wages to be paid to skilled
and unskilled labours. The Indian Constitution has defined a 'living wage' that
is the level of income for a worker which will ensure a basic standard of
living including good health, dignity, comfort, education and provide for any
contingency. However, to keep in mind an industry's capacity to pay the
constitution has defined a 'fair wage
The Act provides for fixing wage rate (time, piece, guaranteed time,
overtime) for any industry that has at least 1000 workers.
1) While fixing hours for a normal working day as per the act should make
sure of the following:
- The number of hours
that are to be fixed
- Q.5. Write in short
the important provisions of
a. Payment of Bonus Act, 1965.
b. Payment of Gratuity Act, 1972
Ans: a. Payment of Bonus Act, 1965.
The Payment of Bonus Act, 1965 was enacted to provide for the payment of
bonus to persons employed in certain establishments on the basis of profits or
productivity and for the matters connected therewith. The Act applies to:-
(i) every factory as defined under the Factories Act, 1948; and
(ii) every other establishment in which twenty or more persons are
employed on any day during an accounting year. However, the Government may,
after giving two months' notification in the Official Gazette, make the Act
applicable to any factory or establishment employing less than twenty but not
less than ten persons.
b. Payment of Gratuity Act, 1972:
There are many legal provisions of the Payment of Gratuity Act 1972. We
are below discussing some important provisions of the Act.
i) Provisions relating to the payment of gratuity :-
Under sections 4 and 7 of the Act , different provisions relating to the
payment of gratuity are given According to Section 4(1), the gratuity shall be
payable to an employee on the termination of his employment after he has
rendered continuous service for not less than 5 years.
The gratuity is payable to an employee on his termination in the
following cases-
a) On his superannuation, or
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