Labour law In India
Indian labour law are among the most comprehensive in the world. They have been criticised by the World Bank,[25][26] primarily on the grounds of the inflexibility that results from government needing to approve dismissals. In practice, there is a large informal sector of workers, between 80 or 90 per cent of the labour force, to whom labour rights are not actually available and laws are not enforced. Pensions and insurance
Main articles: Pensions in India and Social insurance
The Employees’ Provident Fund and Miscellaneous Provisions Act 1952 created the Employees’ Provident Fund Organisation of India. This functions as a pension fund for old age security for the organised workforce sector. For those workers, it creates Provident Fund to which employees and employers contribute equally, and the minimum contributions are 10-12 per cent of wages. On retirement, employees may draw their pension.[18]
Indira Gandhi National Old Age Pension Scheme
National Pension Scheme
Public Provident Fund (India)
The Employees’ State Insurance provides health and social security insurance. This was created by the Employees’ State Insurance Act 1948.[19]
The Unorganised Workers’ Social Security Act 2008 was passed to extend the coverage of life and disability benefits, health and maternity benefits, and old age protection for unorganised workers. “Unorganised” is defined as home-based workers, self-employed workers or daily-wage workers. The state government was meant to formulate the welfare system through rules produced by the National Social Security Board.
The Maternity Benefit Act 1961, creates rights to payments of maternity benefits for any woman employee who worked in any establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery.[20] On March 30, 2017 the President of India Pranab Mukherjee approved the Maternity Benefit (Amendment) Act, 2017 which provides for 26-weeks paid maternity leave for women employees.
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, provides for compulsory contributory fund for the future of an employee after his/her retirement or for his/her dependents in case of employee’s early death. It extends to the whole of India except the State of Jammu and Kashmir and is applicable to:
every factory engaged in any industry specified in Schedule 1 in which 20 or more persons are employed.
every other establishment employing 20 or more persons or class of such establishments that the Central Govt. may notify.
any other establishment so notified by the Central Government even if employing less than 20 persons.