Labour Laws in India

Labour Laws in India INTRODUCTION Labor law is also known as the Employment Law. The Indian Constitution provides basis of laws to regulate the employment in India. These laws are collectively known as the Labor Laws or the Industrial Laws. In other words it is the â€Å"body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations†. These set of laws provide the basis for any sort of interaction or mediation between the employers and the trade unions. It defines the legal boundary of the rights of both the employers and the employees at the workplace. The labor laws widely cover the following: a. Industrial Relations b. Health and Safety at Work Place c. The standards which the employers should adhere to which includes but is not limited to holidays, leaves, dismissals, minimum wage and the like. This study is primarily based on the Industrial Relation aspect of the Labor Laws. If we look into the history of labor laws we see that the need to formulate labor laws arose because of the employees demanding better working conditions and the simultaneous demands by the employers to restrict the powers of the employees in the organization. The employers feared that the trade unions may transcend the industrial disputes and gain unsolicited political powers. The ILO or the International Labor Organization was the first official body to deal with these problems. It was established as an agency of the League of Nations following the Treaty of Versailles, which was an indication of the end of the World War I. Now we focus on the Industrial Relation aspect of the Labor Laws. Industrial Relations, as the name suggests primarily deals with the employees and the management which result directly or indirectly from the employer-employee relationship. It particularly deals with the relationship between the organization and a group of workers generally known as the Trade Unions. It pertains to the study of free collective bargaining, trade unionism, and the labor-management relationships. As per the Industrial Disputes Act of 1947 Industrial Relations can be defined as the relation between employer and employees, employees and employees and employees and trade unions. Labor relations can be realized at any level of the work place like the shop floor, regional level or at the national level. Few characteristics of Industrial Relations: a. It is non-existent if the parties involved i.e. trade union and the employer are absent. b. It may include both conflict and co-operations. c. It may cover important environmental issues like a country’s technology prowess, socio-political environment, economic environment etc. d. It incorporates the laws made by the government to govern the employer-employee relationship, awards of courts, and the interference patterns of the judiciary on the labor-management relations regulations. In reality the concepts involved in Industrial Relations come from a wide variety of fields ranging from disciplines like humanities, social sciences, behavioral sciences, laws etc. Industrial Relations in India: In the pre-1991 era the conflicts and disputes in the organization were addressed through excessive labor legislations. The laws were protective in nature and covered all the aspects of the workplace like layoffs, wage issues, incentives etc. In due course of time it was realized that these laws were protective in nature and that they led to organizational inefficiency. With the advent of globalization the protective nature of these laws proved inadequate for the Indian industry to remain competitive as it was very rigid and did not allow the Indian manufacturers to compete in the global market. Post liberalization the laws favored the industrialists and they began schemes like employee reduction and the voluntary retirement schemes. Thus we can distinctively notice that globalization brought some symbolic changes in the Industrial Relations in India. They may be summed up briefly as follows: a. Decentralization the collective bargaining in almost all the sectors. b. During an expansionary phase of the economy there is a shortage of able managers and skilled labor. c. The number of unions has increased significantly but their influence has diminished. d. In the banking sector, for example, some unions are putting up a united front. e. Internal Unions are being pushed by employers which essentially imply that no external affiliation is being sought for. f. Training and skill development are seen as an important part of work place. Aim of Industrial Relations: The major aim of Industrial Relations is to safeguard the interest of the labors and the employees as a whole by a sense of mutual agreement and understanding between the two parties. It helps to reduce conflicts and strife between the parties for a harmonious existence of the Indian industry. It also ensures that a high level of productivity is ensured. They also help to reduce the strikes, lock-outs and other forms of blockades by facilitating mutual understanding and consent. The Industrial Relations policies also ensure that an environment of Industrial Democracy is maintained for the benefit of the industry and the country as a whole. More government control in order to regulate the sectors which are at loss so that public interest at large can be safeguarded. Socializations or rationalization of industries by making the state a major employer in itself. Ill Effects of Poor Industrial Relations: Poor industrial relations policies hinder the normal functioning of the industry thereby affecting the entire economy as a whole. It may be noted that the direct loss to a particular plant may not be huge due a conflict but the cumulative loss to the economy is enormous. If we do not have a robust policy in place then there would be rigidity to change in this dynamic situation. As a matter of fact every employee works not only to earn but also to satisfy his egoistic and social needs. Poor industrial relations policies take a heavy toll on human behavior in terms of tension. Thus proper policies need to be in place to maintain cordiality and avoid social tension. Contract Labor in India: An employee is called a contract laborer when he is hired through a contractor. They can be termed as indirect employees who are essentially hired, supervised and paid by a contractor. The contractor is paid in turn by the establishment who needs these contract laborers. However, contract laborers must not be employed when the work is perennial and will continue on a daily basis, when the work is enough to employ full time workers. The Contract Labor (Regulation and Abolition) Act came into being in 1970 and the Contract Labor Central Rules came into effect in the year 1971. The main objectives of these laws were to regulate the employment of Contract Laborers and to provide for its abolition under certain circumstances. The law lays certain rules and regulations with regard to hiring of contract labor, their wages, working conditions etc. As per the guidelines the law is applicable to any industry which engages more than 20 workers on a contract basis. The steps involved in hiring the contract labor are: Enquiry Offers Comparative Statement Negotiation Award the Contract The Act also has provisions that define certain amenities that need to be provided to the contract laborers. These may be the establishment of canteens, rest room arrangements, sufficient drinking water facilities, and first aid. It is to be noted that these amenities are made obligatory by the Act. If the contractor fails to pay the wages to the workers the Principal Employer is liable to make the payment. The system of contract labor has allowed firms tremendous flexibility to choose what is in their best interests. If it were not present companies would have to go for technological restructuring which in turn would mean less number of permanent employees. The Trade Unions however opposed this act as this meant reduction in permanent employment. Also, as the contract laborers belong to the weaker sections of the society they may be deprived of the benefits. The amount of time consumed in coordinating with the contractors and the sub-contractors would also be much more as compared to the regular employment.

Black Consciousness in the Twentieth Century Essay

Ralph Ellison began his 1952 novel with the sentence; â€Å"I am an invisible man.† (Ellison 3) These five words summed up the way in which the majority of Black Americans felt about their place in society at the time. The Civil Rights Movement was still years away, and the caste of American society had placed the Black American near the bottom. The book is in the first person narrative, narrated by a man who considers himself by society’s view point to be invisible because of his race.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The self-awareness of the Black American was limited to only what the white establishment would allow – and in the majority of the country, that was very little. However, the essence for the change that would occur had already been born. The awakening, in the late 1950s, of the Black American would take place in religion, politics, self-awareness and literature. This would become exemplified by the manner in which women in the black communities were treated. The rise of domestic violence was an issue, even in 1950s America – and in both the homes of blacks and whites.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There would be, though, differences in which this awakening would manifest itself. For some, like those who would march with Martin Luther King, non-violence and pacifism would be the dominate tool to their awakening. For others, the awakening would come in the form of a religious rebirth, and strong assertion of their place in society. There was a responsibility being neglected in the role of the black male to uphold his place of caregiver to his wife and family – as well as to the community as a whole. This was an important issue to realize, as the teachings of Islam would tell. â€Å"The white man wants black men to stay immoral, unclean, an ignorant†. (223). During the course of the novel the protagonists lists ways in which he has become invisible and the reaction he stirs within society because of his ‘blackness’, and as Ellis illustrates in the prologue of the book, â€Å"I live rent-free in a building rented strictly to whites, in a section of the basement that was shut off and forgotten during the nineteenth century.† (Ellis prologue).   The narrator goes on to state that light is a necessity for him since light to him is equivalent to truth (much as it was in Plato’s cave – so here the reader gains a sense of philosophy and of intelligence from the narrator). Throughout the course of the events that aid in defining the narrator the major first event occurs on his college’s campus.   The epiphany that the invisible man has during this time is that a black man whom he had once aspired to be like (i.e. to leave a legacy for his college) is not at all worthy of his aspiration but instead is merely a black man who has disguised himself enough to be able to ‘survive’ in the white dominated society.   Thus, the invisible man has his first exposure to mis-identities and the almost innate need that black men feel they have to become someone else in order to be a part of white society. In another act of deception in the book, the narrator (after a boiler room ‘accident’) is hospitalized; during a state of consciousness he discovers that he has been experimented upon with shock treatment without his knowledge.   This is a severe breach of his constitutional rights as well as his humanity.   Thus, the narrator finds out that he is not considered to be human, or even subhuman but rather a thing, an object, a less than real entity whose presence is a constant element of scorn and fear to the white race (at least through each of the experiences the invisible man has had with white people). Thus, not only is he destroyed through the perception of white people but through his own culture and race as Dr. Bledsoe has given the invisible man letters of recommendation whose intent was merely to waylay the invisible man from coming back to college and to not (as the invisible man had thought was their intention) to get him a job.   Therefore the invisible man is hoodwinked by a person whom he thought he could trust and this leads him to further epiphanies of himself and his race and either’s misconception. The novel is truly about self-awareness through objective perception.   Although the narrator finds brief solace with the Brotherhood and brother Jack (a black organization seeking to unite the black community in New York), this soon turns into another form of hate through jealousy.   The narrator’s position is replaced and he travels outside of Harlem only to return and find his friend dead.   Despite efforts to try and unite the Brotherhood again, the narrator is soon forced to recognized his grandfather’s maxim, â€Å"over come ’em with yeses, undermine ’em with grins, agree ’em to death and destruction. . .† (Ellis). The novel is about a man whose invisibility is plagues by mis-identity, and whose overall undertones of outside prejudices define his life as well as his identity up to a point.   The ‘yes man’ that his grandfather advised him to do was a type of camouflage technique in which a man can exist wholly without being noticed by being, in essence, no one at all – by becoming invisible in order to survive.   The sacrifice that the invisible man does is to waylay his hopes and dreams in order to be nothing so that he may survive, not be gunned down by either Brother Jack or by the police.   In essence Ellis’ book contributed greatly to the recognition of the black consciousness and the state of the Civil Rights movement in order for blacks to not be invisible in order to exist. WORKS CITED Ellison, Ralph. The Invisible Man. Random House Inc. New York.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   1952. Gates, Henry Louis. The Signifying Monkey: A Theory of African-American Literary Criticism.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   New York: Oxford UP, 1988. Klein, Marcus. After Alienation: American Novels in Mid-Century. New York: World, 1964. McSweeney, Kerry. Invisible Man: Race and Identity. Boston: Twayne, 1988.

Arthur Miller Essay

The point being made is that John knows it is his fault and the consequence of it is he won’t let go of her because he knows the truth about the arrest. He is reassuring her that nothing is going to happen to her. ‘You will not go! ‘ (Act 2 pg 63) Proctor knows that this is all a mistake but knowing it is his. Proctor argues with Mr Cheever that she is innocent and the courts are wrong. Proctor is running out of options he will do anything, even confess about his relationship to get her back. John knows that he is the only one to save his wife and he told her so. For this reason, John is a man of his word. In the previous Act he said ‘I will bring you home’ (Act 2 pg 63). We have known John to be a man of his word when he says to Abigail that he will cut off his hand and that he will bring Elizabeth back. He stopped what he said before, subsequently he is going to bring Elizabeth back knowing what he said to his wife, he knows Elizabeth has faith in him ‘Oh, John, bring me soon! ‘ (Act 2 pg 63). So John has to prove to the judge that his wife is innocent and Abigail accused her just to get John back so Elizabeth can’t have him. Previously the audience know that John is a man of his word and proof of this is what he is doing. John is so sure that he is going to persuade Danforth that he doesn’t need a lawyer. ‘I am no lawyer’ (Act 3 pg 74) John’s confidence is leading him to save his wife then again being a man of his word. He has no care, even if he his going to go prison, he has try and save his wife. Options are running out for John. He has told the court about his affair with Abigail and said to Danforth that his wife will never lie. ‘That woman will never lie’. (Act 3 pg 74) He completely has faith in his wife, but if his wife will deny of the affair then John will be arrested on charges of contempt of court. Firstly John said that he would go to court, exactly what he said he will do. Proctor said he will admit to adultery saying his wife will never lie; he has absolute faith in her. As a result Elizabeth told her first ever lie because John isn’t worth sacrificing. The audience see that Elizabeth does still love him. Also the audience see that John is entirely a man of his word. John is an ordinary man because he has committed sin! His wife is in prison because of him; hence it is his duty to save her. Proctor is neither an ordinary man nor a saint. ‘I cannot mount like a gibbet like a saint†¦ ‘ (Act 4 pg 113) A saint is someone who is near to pure and has done something very important in order to change the world. He is angry with the court for saying he is evil but knows that they are the evil ones and it doesn’t make a difference if he lies. John has done something good but it isn’t quite there- spiritually developed. John could confess to be a witch. In addition it does not matter to him because he has done the worst sin there is compared to lying but he has to sign the papers. ‘†¦ sign your testimony†¦. ‘ (Act 4 pg 113) John does not want to sign the papers because of his name and for his children. John is an ordinary man because he wants his life but knows the cost of what he wants and stops himself because he wants to see his children grow into men. ‘I want to live. ‘(Act 4 pg 110). So basically which man does not want his life? Evidently he is an ordinary man; he does not want to die. The audience know John is an ordinary man but a changing ordinary man. John is churning in the crucible and nearly ready to be purified; John knows saving himself will cost another life, but he can put a full stop to it. John is a good man. John believes if he lives and others die for his life that is wrong. ‘I speak my own sins; I cannot judge another. I have no tongue for it. ‘ (Act 4 pg 113). This means that he can talk his own sin but not others or that he will not accuse others for his own life. Proctor thinks not for himself but his children. He needs to give them a good name. ‘I have confessed myself! †¦ no good penitence but it be public’ (Act 4 pg 114) and ‘leave my name! ‘ (Act 4 pg 115). Proctor says because his conscience says he doesn’t want a bad name for his children. He thinks that having his life means his children will have bad names and others will suffer. Also he doesn’t want sign his confession especially for the public. Proctor is a fully spiritually developed man. He has refused to sign the paper, meaning his spoken confession is not counted. This gave him time to think and when conscious, spoke up. ‘†¦ What others say and what I sign to is not the same! ‘ (Act 4 pg 115). Proctor knew or I shall I say he realised that his written confession would kill more people and only save himself. However if he dies, there’s a full stop to all this nonsense. Proctor died to save others. The audience finally see the changed man for what he really is. Miller influences the audience in the way he refuses to sign and knew exactly what the consequence was going to be. John sees the shred of goodness in him, saying that he is white and should be kept away from dogs. The white symbolises the goodness and the dogs are the court. The dogs are the evil people from mythology, if dogs guarding hell and should be away from goodness; white. The decision he made was to stop everything bad and he won’t go to hell because of what he has done. It makes John a good man, meaning his spiritual development is complete because he is dead and can’t change anymore. John Proctor should have his shred of ‘goodness’ because he has been churning long enough in the crucible pot. John Proctor is ready and purified and is a good man. He is finally, as I have mentioned, put a full stop to further deaths, being hung for witchcraft. This fact as it was proved in the Milgram experiment- where people would take another person’s life without giving a second thought and were told to go even further, until they would die, Proctor was that person and did not listen. Furthermore, John was a final seal and said no more names, deaths or accusations and they were stopped. The government in March 1712 after a solemn meeting declared a democracy in Salem. All were compensated with their land, money and a good name for beloved people who died tragically in the witch trials. The ways the audience see ‘The Crucible’, is concerned with spiritual development of John. He is linked to all key events in the play, and still Arthur Miller showed how a man changed and died to save a state, in order to save other people and the good name of Proctor.   1 Umer Hussain Essay- The Crucible. Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Arthur Miller section.

Italian Verb Conjugations Alzare