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Rules And Laws for Trans-provincial Organizations. Federal Labour Laws vs Provincial Labour Laws which Laws are applicable on Trans-provincial organizations ? 1. Following PROVINCIAL Labour Laws are applicable on all employees of Trans-provincial organization working at locations located within that province. 1.1 Payment of Wages Act 1.2 Terms of Employment Act 1.3 Social Security Act 1.4 Minimum Wages Act 1.5 Factories Act 1.6 Shops and establishment Act 1.7 Maternity leaves Act 1.8 Worker Participation In Profit Fund Act (WPPF) Organisations not allowing benefits mentioned in Provincial Labour Laws on the plea that they are Transprovincial are committing illegal Act. 2. Following FEDERAL Labour Laws are applicable on all employees of Trans-provincial organizations regardless of their Geographical Loactions:- 2.1 The INDUSTRIAL RELATIONS Act 2012 of Federal law will be applicable on Trans-provincial organization which deals with Registration or Trade Unions, unfair Labour Practices and Termination or Dismissal or Reinstatement etc. 2.2 EOBI ACT 1976 is still Valid on all Provinces (Although the 18th amendment, the subject matter has devolved to the provinces — and the province of Sindh has enacted its own laws – but practical steps to enforce and implement the same laws in letter and spirit have yet to be taken. And, for the time being, there is no mechanism available with the provinces – at least in the case of province of Sindh — to collect the contributions from the establishments proportionate to the rate of wages and give pension to the pensioners accordingly. Therefore, it is the Institution still which is collecting the contributions by invoking provisions of the Act of 1976 ) #LabourRights #Laws #IR #wakeupHR #HR #LabourLaws #industrialrelations

Rules And Laws for Trans-provincial Organizations. Federal Labour Laws vs Provincial Labour Laws which Laws are applicable on Trans-provincial organizations ? 1. Following PROVINCIAL Labour Laws are applicable on all employees of Trans-provincial organization working at locations located within that province. 1.1 Payment of Wages Act 1.2 Terms of Employment Act 1.3 Social Security Act 1.4 Minimum Wages Act 1.5 Factories Act 1.6 Shops and establishment Act 1.7 Maternity leaves Act 1.8 Worker Participation In Profit Fund Act (WPPF) Organisations not allowing benefits mentioned in Provincial Labour Laws on the plea that they are Transprovincial are committing illegal Act. 2. Following FEDERAL Labour Laws are applicable on all employees of Trans-provincial organizations regardless of their Geographical Loactions:- 2.1 The INDUSTRIAL RELATIONS Act 2012 of Federal law will be applicable on Trans-provincial organization which deals with Registration or Trade Unions, unfair Labour Practices and Termination or Dismissal or Reinstatement etc. 2.2 EOBI ACT 1976 is still Valid on all Provinces (Although the 18th amendment, the subject matter has devolved to the provinces — and the province of Sindh has enacted its own laws – but practical steps to enforce and implement the same laws in letter and spirit have yet to be taken. And, for the time being, there is no mechanism available with the provinces – at least in the case of province of Sindh — to collect the contributions from the establishments proportionate to the rate of wages and give pension to the pensioners accordingly. Therefore, it is the Institution still which is collecting the contributions by invoking provisions of the Act of 1976 ) #LabourRights #Laws #IR #wakeupHR #HR #LabourLaws #industrialrelations

Rules And Laws for Trans-provincial Organizations. Federal Labour Laws vs Provincial Labour Laws which Laws are applicable on Trans-provincial organizations ? 1. Following PROVINCIAL Labour Laws are applicable on all employees of Trans-provincial organization working at locations located within that province. 1.1 Payment of Wages Act 1.2 Terms of Employment Act 1.3 Social Security Act 1.4 Minimum Wages Act 1.5 Factories Act 1.6 Shops and establishment Act 1.7 Maternity leaves Act Organisations not allowing benefits mentioned in Provincial Labour Laws on the plea that they are Transprovincial are committing illegal Act. 2. Following FEDERAL Labour Laws are applicable on all employees of Trans-provincial organizations regardless of their Geographical Loactions:- 2.1 The INDUSTRIAL RELATIONS Act 2012 of Federal law will be applicable on Trans-provincial organization which deals with Registration or Trade Unions, unfair Labour Practices and Termination or Dismissal or Reinstatement etc. 2.2 EOBI ACT 1976 is still Valid on all Provinces (Although the 18th amendment, the subject matter has devolved to the provinces — and the province of Sindh has enacted its own laws – but practical steps to enforce and implement the same laws in letter and spirit have yet to be taken. And, for the time being, there is no mechanism available with the provinces – at least in the case of province of Sindh — to collect the contributions from the establishments proportionate to the rate of wages and give pension to the pensioners accordingly. Therefore, it is the Institution still which is collecting the contributions by invoking provisions of the Act of 1976 ) #LabourRights #Laws #IR #wakeupHR #HR #LabourLaws #industrialrelations

Rules And Laws for Trans-provincial Organizations. Federal Labour Laws vs Provincial Labour Laws which Laws are applicable on Trans-provincial organizations ? 1. Following PROVINCIAL Labour Laws are applicable on all employees of Trans-provincial organization working at locations located within that province. 1.1 Payment of Wages Act 1.2 Terms of Employment Act 1.3 Social Security Act 1.4 Minimum Wages Act 1.5 Factories Act 1.6 Shops and establishment Act 1.7 Maternity leaves Act Organisations not allowing benefits mentioned in Provincial Labour Laws on the plea that they are Transprovincial are committing illegal Act. 2. Following FEDERAL Labour Laws are applicable on all employees of Trans-provincial organizations regardless of their Geographical Loactions:- 2.1 The INDUSTRIAL RELATIONS Act 2012 of Federal law will be applicable on Trans-provincial organization which deals with Registration or Trade Unions, unfair Labour Practices and Termination or Dismissal or Reinstatement etc. 2.2 EOBI ACT 1976 is still Valid on all Provinces (Although the 18th amendment, the subject matter has devolved to the provinces — and the province of Sindh has enacted its own laws – but practical steps to enforce and implement the same laws in letter and spirit have yet to be taken. And, for the time being, there is no mechanism available with the provinces – at least in the case of province of Sindh — to collect the contributions from the establishments proportionate to the rate of wages and give pension to the pensioners accordingly. Therefore, it is the Institution still which is collecting the contributions by invoking provisions of the Act of 1976 )

LABOUR REFORMS Last week, the Labour Ministry announced that all states/UTs will make the draft rules for the new Labour Codes by March 31 . . . In 2019-20, the Union Labour Ministry simplified the country's 44 labour laws into 4 labour codes: 1. Wages Code 2. Social Security Code 3. Industrial Relations Code 4. Occupational Safety, Health & Working Conditions Code Parliament also passed these Codes. But labour is a Concurrent subject in the Constitution - ie, both the centre and the states can make laws on it. Specifically, the centre makes broad guidelines and the states make the rules to implement these guidelines. So the next step was for the states to make the rules to implement these 4 labour codes. Last week, the Labour Ministry announced: # All the 36 states/UTs will finish harmonising and pre-publishing the draft rules by March 31. # Union Labour Ministry has been consistently working for harmonising the rules under the 4 codes across the states. # 6 regional meetings were held during Aug-Oct 2024 to facilitate the state/UT govts to frame the rules based on the labour codes. Also, the Union Labour Ministry has identified 4 additional reforms in labour laws to be carried out: 1. Single Return 2. Single Registration 3. Firm-based common licence with 5 yrs validity 4. Change of role of Inspector to Inspector-cum-Facilitator These reforms will increase Ease Of Doing Business (EODB) by reducing the compliance burden of industries . . . Source: Labour Ministry press release #India #Economy #Economics

A new wave of labour law amendments is in the pipeline for 2025, with specific focus on the following: 1. Dismissals and Retrenchment Procedures 2. Improved efficiency of the Labour Court 3. Simplification of procedural fairness 4. Limit on compensation for procedural unfair dismissals 5. Excluding high paid employees from specific statutory protection 6. Inquiry by Arbitrator 7. Redefining unfair labour practice 8. Improved efficiency of bargaining councils 9. Alignment of council / agency jurisdiction 10. Introducing a broader definition of employees 11. Alignment of CCMA Jurisdiction 12. Limitation of liability 13. Harmonisation of LRA and EEA dispute resolution 14. Clarification of expansion of CCMA jurisdiction for severance pay claims 15. Introduction of protection for workers who are required to be available for work but are not 16. Guaranteed work by their employers 17. Exclusion from Collective Agreements & 18. Qualifying period for new entrants into the labour market. https://lnkd.in/gtfAmX7y #PEASA #EmpoweringEmployers #LabourLaw #EmployerCommunity #LRA #BCEA #DoEL

All 36 states and UTs to frame rules on Labour Codes by end of this fiscal year: Labour Ministry https://lnkd.in/gSTveTPZ

Now, it is necessary to understand as to which Labour Laws are applicable. I am sharing here below the list (which is not exclusive) of Labour Laws, which primarily apply to an Establishment and therefore must be known and understood by the Representatives of Principle Employer, immediate Employer (i.e. the Contractors) and there must have a mechanism institutionalised in the organisation to ensure the observance from time to time. 1)   The Contract Labour Act; 2)   The Building and Other Construction Workers Act; 3)   The Interstate Migrant Workers Act; 4)   The Minimum Wages Act; 5)   The Payment of Wages Act; 6)   The Employees Provident Fund & Miscellaneous Provisions Act; 7)   The Employees State Insurance Act; 8)   The Employee / Workmen Compensation Act; 9)   The Payment of Bonus Act; 10) The Payment of Gratuity Act; 11) The Shop and Establishment Act; 12) The Employment of Child Labour Act; 13) The Equal Remuneration Act; etc. 

The International Labour Organization (ILO) has identified five areas including the reformation of wage structure and policy, and labour law amendments to address the ongoing labour unrest in the country’s readymade garment sector