Statutory Compliance for Industries

Overview

Statutory compliance connotes the legal framework in which the business or the industry has to operate and treat their employees. The industries or the organisation or the industries must take notice of various laws to have a regulatory environment. The statutory compliance helped the industries to mitigate risks and prevented setbacks, the risk of accidents gets lowered, and the payment of the labourers are made on time

Various types of Statutory Compliance are required to be followed by the industries:

Under The Apprentices Act, 1961.

The Apprentices Act deals with the individual going under training or in the course of training. The industry should not engage a person in apprenticeship training if the person is below fourteen years of age and does not have any qualifications. The contract of apprenticeship must be must be signed before entering into an apprenticeship training. The training should not be beyond the period specified.

The Child Labour (Prohibition and Regulation Act) 1986.

The industries have to strictly comply with the Child Labour Prohibition and Regulation Act 1986. The industries should not employ children below fourteen to work and no employment for doing hazardous work.

The Industrial Disputes Act, 1947

This statute provides safeguards to both the employer and the employee as this Act deals with the dispute between employer and employer, employer and employee and employee and employee. The Act also deals with prohibition of strikes and lockout mentioned in Section 22 of the Act as no person employed will go on a strike without giving information or notice to the employer or the and also within 14 days of serving such notice and before the expiry of the date of the strike specified in any such notice.

The Minimum Wages Act, 1948.

This particular Act deals with the minimum wages that have to be paid or given to the labourers (skilled or unskilled). The industries must comply with the Minimum Wages Act. The workers or any working person rely on the income or the wages he gets according to the input of force or work or labour he has done and received as an output

Trade Unions Act, 1926

This particular Act deals with the trade union formed by the workers to represent their working condition or to put forward their demand which they desire to get fulfilled by the employer. This Act deals with the fund regarding the trade union that is general and political funds. The Trade Unions Act came which recognised trade unions and provided a platform for workers to claim their demands and get it fulfilled. The Act mentions the concept of collective bargaining which enables the workers to negotiate with employers regarding working salaries, working condition, benefits and compensation.

The Factories Act, 1948.

This Act deals with a working place where manufacturing activities are carried out with or without the help of power and where the involvement of 10 or more workers exists. The employers while recruiting the workers have to ensure the health of the workers by providing better drinking water facility, proper ventilation, by ensuring adequate working hours. The working hours shall not extend to more than 9 hours daily and 48 hours weekly and a special provision regarding employment of women before 6 A.M and after 7 P.M. This Act also prohibits the employment of young persons on dangerous or hazardous machines. Proper first aid facilities must be provided by the employers, canteens and also a welfare officer where there are more than 500 workers.

For not complying with the provisions of the act imprisonment up to 7 years and fine up to 2, 00, 000 rupees and if continuing offence then ten years of punishment and fine 5000 per day.

Workmen’s Compensation Act, 1923.

This Act deals with the compensation provided to the workers who are injured in an accident in his course of employment or gets occupational diseases peculiar to his occupation. This Act is enacted to provide the workmen with the compensation as an aid for their treatment.

Case Laws

The State Of Mysore vs The Workers Of Gold Mines [1]

The idea of social and economic justice is a living notion of radical import; it gives aid to the rule of law and significance and importance to the idea of a welfare State

Hindustan Tin Works Pvt. Ltd v. Employees Of Hindustan Tin Works [2]

It will be a severe prejudice to an employee or workman if he is deprived of wages simply because there is a lengthy lapse of the period between the termination of his service and finality given to the order of reinstatement.

Steel Authority Of India Ltd. v. National Union Water Front [3]

On the elimination of contract labour, the principal employer is not under an obligation to follow them, though the judgment enjoins the principal employer to give preference to the former contract labour while employing fresh workers.

General Manager, Haryana v. Rudhan Singh [4]

If the workman and his services have rendered a substantial period of service have been wrongfully terminated, he may be granted full or partial back wages observing the fact that at his age and qualification, he may not get another employment.

Deepali Gundu Surwase v. Kranti Junior Adhyapak & Ors [5]

Back wages is the standard rule in cases of wrongful termination of service, reinstatement with continuity of service and

Conclusion:

The increase in the development of industries can be seen in the country. This increase in the industries, however, help in the growth of the economy, but compliance of the statutes is necessary to avail the maximum benefits of the legislation. Statutory compliance ensures fair treatment of labour and workers, and it further prevents the exploitation of employees by providing a framework regarding working hours, conditions, wages etc.