efgykvks ds Jfed vf/kdkj

labour Rights of working Women's मिहला शिमको का शम अिधकार

womens labour rights in industries

labour rights of working women's & childs कामकाजी

मिहलाओं का शम अिधकार है और बचचो का
Rules Common to Employment of Children & Women

Article 33

The Minister of Labour and Social Affairs may resolve that charitable and educational institutions
be exempted from all or some of the provisions of the preceding two Sections of this Chapter, if
the objective of such institutions is to provide vocational training or education for children or
women, and provided that the internal regulations of such institutions shall specify the nature of
activities undertaken by children and women at these institutions, and their employment terms and
working hours, in a manner that is not incongruent with the actual endurance of children and
women.

Article 34

The following persons shall be held punitively responsible for observance of the provisions of
Sections II and III of this Chapter:

a. Employers or their representatives.

b. A child’s guardian or trustee, a woman’s husband or guardian, or a minor woman’s trustee -
who consents to the employment of children or women contrary to the provisions of this
Law.
Wages

Article 55

Wages shall be paid in legal tender on a working day, at the place of work, in the official national
currency.

Article 56

Workers employed on yearly or monthly wage basis shall be paid at least once a month; all other
workers shall be paid at least once every two weeks.

Article 57

The daily wage of workers employed on piecemeal basis shall be calculated as an equivalent to
the average wage received for actual days of work during the six months preceding the
termination of his service.

Article 58

Evidence of payment to workers of their due wages, irrespective of their amount or nature, shall
not be admissible unless it is in the form of documentary proof, admission or oath.. Any agreement
to the contrary shall be null and void, albeit made prior to the date this Law comes into force.
Article 59

Workers shall not be required to purchase food or other commodities at any particular shop, or of
employer’s produce.

Article 60

No amount of money may be deducted from a worker's wage in respect of private claims, except
in the following cases:

a. Repayment of loans or money advances paid to the worker in excess of his entitlements,
provided that the amount deducted in this case shall not exceed 10 per cent of his wage.
b. Contributions that the workers are required by law to make from their wages, towards social
security and insurance schemes.
c. The worker’s contributions to a provident fund or repayment of loans due thereto.
d. Contributions towards any welfare scheme or in respect of any other privileges or services
provided by the employer and approved by the labour department.
e. Fines imposed upon the worker for any offence he commits.
f. Any debt exacted in execution of a court ruling, provided, however, that the deduction made
in execution thereof should not exceed one-quarter of the wage due to the worker. Where
there are several debts or creditors, the maximum deduction shall be half the worker’s
wage, which shall be divided pro rata among the creditors, after payment of any legal
alimony to the extent of one-quarter of the worker’s wage.

Article61

Where a worker, either through his own fault or as a result of violating the employer's instructions,
causes a loss, damage or destruction to any tools, machines, products or materials that are
owned by or in the custody of the employer, the employer may deduct from the worker's wage
such amount as may be necessary for repair or restoration, provided that the amount so deducted
shall not exceed five days’ wage for each month. However, the employer, through the concerned
labour department, may request the competent court for permission to deduct a higher amount if
the worker has money or any other source of income.

Article62

An employer may not transfer a monthly-paid worker, without his written consent, to the daily,
weekly, hourly or piecemeal paid category.

Article63

The minimum wage and the cost-of-living index payable to workers in general or in a particular
area or occupation shall be fixed by a federal decree based on a proposal to be made by the
Minister of Labour and Social Affairs and approved by the Council of Ministers.

The Minister shall put forward his proposal for determining, or reviewing, the minimum wage, after
consulting the competent authorities and the labour organisations of workers and employers, if
any, and after having reference to studies and tables of fluctuations in the cost of living indices
drawn up by the competent authorities in the State, to ensure that the said minima are sufficient to
meet the worker’s basic needs and guarantee his livelihood.

Article64

The minimum wage rates and any amendments thereto shall take effect from the date the decree
announcing them is published in the official Gazette.

WORKING HOURS AND LEAVES

• Working Hours
• Leave

Working Hours

Article 65

The maximum normal working hours for adult workers shall be eight hours in the day, 48 hours in
the week. They may be increased to nine hours a day in commercial establishments, hotels,
cafeterias, security services and such other businesses as may be added by resolution of the
Minister of Labour and Social Affairs. The daily working hours may be reduced by resolution of the
Minister of Labour and Social Affairs, in the case of arduous or health-hazardous work. Two during
the month of Ramadan shall reduce the normal working hours. The periods spent by a worker in
traveling between his home and place of work shall not be included in his working hours.

Article 66

The daily working hours shall be so regulated that no worker shall work for more than five
successive hours without breaks - for rest, meals and prayer- amounting in aggregate to not less
than one hour. Such breaks shall not be included as part of the working hours.

However, in factories and workshops where work is organised in the form of successive day and
night shifts, and in processes where work has to continue uninterrupted for technical and
economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall
be specified in a resolution by the Minister.

Article 67

Where the work circumstances require a worker to work more than the normal number of hours,
any period worked in excess shall be treated as overtime, for which the worker shall receive the
wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that
wage.
Article 68

Where the work circumstances require a worker to work overtime between 9 p.m. and 4 a.m. he
shall be entitled in respect of such overtime to the wage stipulated for his normal working hours,
plus a supplement of at least 50 per cent of that wage.

Article 69

The number of hours of actual overtime shall not exceed two a day, unless such work is essential
for preventing a substantial loss or a serious accident, or eliminating or alleviating the impact of
the latter.

Article 70

Friday shall be the normal weekly rest day for all workers except the daily-paid. Where a worker
has to be put on duty on that day, he shall be compensated with a substitute rest day or be paid
his basic wage for his normal hours of work plus a supplement of at least 50 per cent of that wage.

Article 71

No worker other than a daily-paid shall be required to work more than two successive Fridays.

Article 72

The provisions of this Section shall not apply to the following categories:

1. Persons holding senior executive managerial or supervisory positions, if such positions

confer upon the incumbents the powers of an employer over workers. The categories in
question shall be specified by resolution of the Minister of Labour and Social Affairs.
2. Crew of marine vessels and seamen who serve under special conditions of service on
account of the nature of their work, with the exception of port workers engaged in
stevedoring and related operations.

Article 73

The employer shall post up at the main entrances used by the workers, and in a conspicuous
position at the workplace, a timetable showing the weekly day off, hours of work and rest periods
applicable to all classes of workers. A copy of this timetable shall be filed with the competent
labour department.

Where the work place is not observing the statutory weekly day off, the employer shall post up at
the places referred to in the preceding paragraph a timetable showing the weekly rest day for each
class of workers.
Leaves

Article 74

Each worker shall be entitled to leave with full pay on the following occasions:

• New Year's Day (Higra): one day.

• New Year's Day (Gregorian): one day.
• Lesser Bairam: two days.
• Greater Bairam and Eve: three days.
• Birthday of Prophet Mohammed: one day.
• Al Isra and Al Mi’raj: one day;
• National Day: one day.

Article 75

A worker shall, for each year of service, be entitled to an annual leave of not less than:

1. Two days a month, where the worker’s period of service is more than six months but less
than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions
of the last year.

Article 76

The employer may fix the date of commencement of annual leave and, if necessary, divide such
leave into not more than two periods. However, the leave division provision shall not apply to
leaves of child workers.

Article 77

Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness,
falling within an annual leave shall be considered as an integral part thereof.

Article 78

Each worker shall be entitled to his basic wage and the housing allowance, if applicable, in
respect of his days of annual leave. Where it was imperative for the work interest to put a worker
on duty during all or part of his annual leave, and if the leave days on which he worked were not
carried forward to the following year, the employer shall pay him his normal wage plus an
allowance in lieu of leave, for the actually worked days, calculated on the basis of his basic wage.

In no case shall a worker be made to work during his annual leave more than once in two
successive years.
Article 79

A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall
be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the
worker’s wage as on the date when the leave became due.

Article 80

Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus
the leave pay prescribed for him under this Law.

Article 81

Where it is necessary for the work interest to put a worker on duty during public holidays or days
off in respect of which he is entitled to full or partial pay, he shall be granted substitute leave in
respect of such days, plus 50 per cent of his wage. If he is not granted substitute leave, his
employer shall pay him 150 per cent of his basic wage in respect of the days worked.

Article 82

A worker who contracts an illness that is not a work-related injury shall report his illness within a
maximum of two days; the employer shall thereupon take the necessary measures to have him
medically examined immediately for the purpose of verifying his illness.

Article 83

1. A worker shall not be entitled to any paid sick leave during the probationary period.
2. A worker who contracts illness after completing three months, following the probationary
period, in the continuous service of an employer shall be entitled to a sick leave not
exceeding 90 days, successive or otherwise, in respect of each year of service, to be
calculated as follows.
1. The first 15 days: with full pay
2. The next 30 days: with half pay
3. Any subsequent periods: without pay

Article84

No wage shall be payable for sick leave if the illness is the direct result of the worker's misconduct
(such as consumption of alcohol or narcotic drugs).

Article85

An employer may terminate the services of a worker who fails to report back to work after
exhausting all sick leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker
shall be entitled to severance pay as stipulated in this Law.

Article86

Where a worker resigns his job, by reason of illness, before the lapse of the first 45 days of his
sick leave and the government medical officer or the medical practitioner designated by the
employer accepts the cause of resignation, the employer shall pay the worker the wage due in
respect of the remainder of the first 45 days referred to.

Article87

Each worker shall be entitled, once in the course of his entire service, to special leave without pay
for performing pilgrimage; such leave shall not be deducted from other periods of leave due to him
and shall not exceed 30 days.

Article88

No worker shall work for another employer while on annual or sick leave provided for in this
Section. Where his employer establishes that he has done so, he may terminate the worker's
services without notice and deny him the pay in respect of the leave period.

Article89

Subject to the provisions of this Law, any worker who fails to resume work immediately after the
expiry of his leave shall automatically forfeit his wage for the period of his absence, with effect
from the day immediately following that on which the leave expires.

Article90

Without prejudice to the instances in which an employer is entitled to dismiss a worker without
notice or without the gratuity provided for in this Law, an employer shall not dismiss a worker or
serve a notice of dismissal on him while the worker is on a leave provided for under this Section.

WORKERS’ SAFETY, PROTECTION, HEALTH AND SOCIAL CARE

Article 91

Each employer shall provide appropriate safety measures to protect workers against the hazards
of occupational injuries and diseases that may occur during the work, and also against fire and
other hazards that may result from the use of machines and other work tools. He shall also adopt
all other safety measures prescribed by the Ministry of Labour and Social Affairs. Every worker
shall use the protective gear and the clothing supplied to him for this purpose, shall comply with all
instructions given by the employer to protect him against hazards, and shall refrain from taking
any action that might obstruct the enforcement of such instructions.

Article 92

Each employer shall display in a conspicuous position at the workplace detailed instructions
indicating the measures to be taken to prevent fire and protect the workers against hazards to
which they may be exposed while performing their work. Such instructions shall be in Arabic and
in another language understood by the worker.

Article 93

Every employer shall provide one or more first-aid boxes containing medicines; the Ministry of
Labour and Social Affairs may prescribe bandages, antiseptics and such other first-aid material
as. There shall be one first-aid box for every 100 workers; the box shall be located in a
conspicuous place, within the easy reach of the workers, and shall be controlled by a person
specialised in administering first aid.

Article 94

Without prejudice to the regulations and orders issued by the competent government authorities,
an employer shall ensure that each workplace is perfectly clean, ventilated and provided with
adequate lighting, drinking water and toilets.

Article 95

An employer shall arrange for one or more medical practitioners to carry out general medical
examination, at regular intervals of not more than six months, on those of his workers who are
exposed to any of the occupational diseases specified in the Schedule attached hereto, and shall
record the findings of such examinations in his records as well as in the workers’ personal files.

The medical practitioners shall immediately inform the employer and the labour department of
cases of occupational disease occurring among the workers, and of resulting deaths, after the
facts have been confirmed through appropriate medical and laboratory tests. The employer shall
in turn report these findings to the labour department.

The medical practitioner carrying out the periodic examination may order that any worker who has
been exposed to an occupational disease be re-examined after a period shorter than the interval
prescribed in the first paragraph of this article, if he believes that the worker's condition so
warrants.

Article 96

An employer shall provide his workers with medical care facilities up to the standards laid down by
the Minister of Labour and Social Affairs in conjunction with the Minister of Health.
Article 97

The Minister of Labour and Social Affairs may, after consulting the Ministry of Health, issue
resolutions prescribing the general precautions and health-related safety measures applicable to
all firms employing workers, particularly measures relating to safety, lighting, ventilation, dining
rooms, supply of water for drinking and washing purposes, elimination of dust and smoke
pollutants, and the precautions to be taken against fire and electricity hazards.

Article 98

The employer or his representative shall inform each worker, upon recruitment, of the
occupational hazards involved and the protective measures he must take, and shall post detailed
written instructions in this respect at the workplaces.

Article 99

It shall be unlawful for an employer, his representative or any person having authority over
workers to bring or allow any one else to bring any kind of alcoholic beverages into a workplace
for consumption therein or to allow any person in a state of drunkenness to enter or remain on the
premises.

Article 100

Each worker shall comply with the orders and instructions related to industrial security and safety
precautions, shall use the appropriate protective devices and treat any such devices in his
possession with due care. No worker shall commit any act leading to non-compliance with such
instructions, or to the misuse, damage or destruction of the equipment provided for protecting the
health and safety of the workers.

An employer may prescribe in the disciplinary regulation penalties to be imposed on workers

contravening the provisions of the preceding paragraph.

Article 101

Each employer employing workers in areas remote from towns and not covered by regular means
of transport shall provide his workers with the following services:
1. Suitable means of transport.
2. Suitable living accommodation.
3. Drinking water.
4. Adequate food supplies.
5. First-aid facilities.
6. Recreation and sports facilities.
The Minister of Labour and Social Affairs shall specify the areas to which the provisions of this
Article wholly or partially apply in a resolution. Save for food supplies, the cost of the services
referred to in this Article shall be borne by the employer and none of it may be charged to the
workers.

THE GLOBAL STATE OF WORKERS’ RIGHTS: FREE LABOR IN A HOSTILE WORLD

India

Trade unions can be established in India without significant government interference. The
Indian Trade Unions Act of 1926 provides for the registration of unions in different states. Under
the 2001 Trade Unions Act, a registered union must represent at least 100 workers, or 10 percent
of the enterprise‘s workforce, whichever is less. Labor advocates have noted that this threshold is
high by international standards. According to statistics released by the Ministry of Labor in 2002,
there are about 24.6 million trade union members in India. While there is some union activity in
the informal sector, the vast majority of union members work in the formal sector.
Most major trade unions are affiliated with political parties. These strong links provide
unions with spokespeople in positions of power, but they have led to a fragmentation of the labor
movement and often to strong competition between unions. Unions‘ relationships with political
parties also allow extensive political influence on trade union activities.
Workers in the formal economy generally exercise their rights to bargain collectively and
strike without fear of reprisal. The Trade Unions Act prohibits discrimination against employees
based on union activity. However, the Essential Services Maintenance Act enables the
government to ban strikes in specified industries when it is ―satisfied that in the public interest it
is necessary or expedient‖ to do so. The act also limits the right of public servants to strike.
States may place additional restrictions on union activity. In Kerala, for example, a 2002 law
forbids any strike that causes a total shutdown of the workplace.
Individual cases of harassment against union members in the formal sector are frequently
reported. In April 2008, five members of the Delhi State Electricity Workers‘ Union were
dismissed after allegedly shouting slogans criticizing their employer, the Indraprastha Power
Generation Company. In June 2009, a labor group reported that union members at the Madras
Rubber Factory in Tamil Nadu had been harassed and discriminated against for several years.
In the informal sector, which employs 90 percent of Indian workers, union membership is
far lower, and legal protections are more difficult to enforce. Employers in the informal sector
frequently ignore laws against dismissal based on union activities. While there are penalties for
employers who violate the law, pursuing cases in the legal system is both time-consuming and
costly