Understanding the Kerala High Court's Landmark Decision on Labour Law Applicability to Cooperative Societies In an important legal development, the Kerala High Court has delivered a landmark ruling that clarifies the scope of labour laws in relation to cooperative societies. This decision came from a writ petition filed by Cherplassery Co-operative Hospital Ltd., which sought clarification on whether cooperative societies are exempt from the usual labour legislations under the Kerala Cooperative Societies Act and Rules. Justice Murali Purushothaman, presiding over the case, firmly stated that the employees of cooperative societies are entitled to the benefits of labour legislations. The judgment noted that despite the specific regulations under the Kerala Cooperative Societies Act concerning employment conditions within cooperatives, these do not exclude the applicability of broader labour laws. Key Points from the Court’s Decision: a. Integration of Laws: The court highlighted that the Kerala Shops and Commercial Establishments Act, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961, and the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 are applicable to cooperative societies. This ensures that employees in these societies enjoy the same rights and protections as those in other sectors. b. Welfare and Social Security: The ruling emphasized that while the Cooperative Societies Act deals with administrative aspects of employment, it does not cover the welfare and social security measures provided by other labour laws. c. Liberal Interpretation: The court reiterated that social security legislations are to be interpreted liberally with a beneficial orientation towards the employees, underscoring the fundamental objective of such laws to protect workers’ rights and enhance their welfare. Implications of the Ruling: This decision is a reminder that cooperative societies are not isolated islands but part of the broader socio-economic landscape, obligated to uphold the welfare and rights of their employees through compliance with national labour laws. This ensures a uniform protection across all forms of employment, reinforcing the principle that employment rights are not to be circumvented by the nature of the employer's legal structure. For legal practitioners, HR professionals, and leaders within cooperative societies, this ruling serves as a crucial update. It mandates a thorough review of employment practices to ensure they are in line with both cooperative and labour law provisions. Professionals involved in human resources and legal compliance can view this as an opportunity to revisit their policies and strengthen their compliance frameworks to avoid legal pitfalls and enhance employee satisfaction and security. #LabourLaw #HumanResources #LegalUpdate #KeralaHighCourt #CooperativeSocieties
NALSAR-ADVANCED DIPLOMA IN LABOUR LAWS AND EMPLOYEE MANAGEMENT’s Post
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Do you know how many acts are currently prevailing in India with respect to labour laws? Almost 44. Yes, that's true, the Government has not passed the consolidated acts on labour law yet, so currently the major challenge is with respect to the compliance for the organisation. Founder's of start ups generally asks what are the acts for which they need to be in compliance with. Here it is an exclusive list of acts that are applicable majorly in an service sectors Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 Employees’ State Insurance Act, 1948 Payment of Bonus Act, 1965 Payment of Gratuity Act, 1972 Minimum Wages Act, 1948 Payment of Wages Act, 1936 Equal Remuneration Act, 1976 Maternity Benefit Act, 1961 Employees’ Compensation Act, 1923 Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 Employment Exchange Compulsory Notification of Vacancies Act, 1959 Apprentices Act, 1961 Industrial Disputes Act, 1947 Contract Labour (Regulation and Abolition) Act, 1970 Industrial Employment (Standing Orders) Act, 1946 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as POSH Act) State law on Shops and Commercial Establishments State law on Labour Welfare Fund State law on National and Festival Holidays State law on Conferment of Permanent Status to Workmen State law on Payment of Minimum House Rent Allowance State law on Payment of Minimum Subsistence Allowance Hope this will help.
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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
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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 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
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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
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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
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🗣️ Govt Collaborates for Labour Code Implementation Sumita Dawra, Secretary of the Ministry of Labour & Employment, shared insights on the Modi government's efforts to harmonize the new labour codes across India. Speaking to CNBC-TV18, she highlighted that the consolidation of 29 labour laws aims to simplify and rationalize regulations for better business ease and worker welfare. 🏢🤝👷 Dawra emphasized the tripartite collaboration between the government, labour unions, and employers. She noted that discussions have intensified to ensure a consultative approach, balancing the interests of all stakeholders. The government's commitment remains firm in implementing these codes successfully. 📜✅ For more details, check out the full article https://lnkd.in/gsZ4Zd_U #LabourReforms #Collaboration #EaseOfDoingBusiness #India #LabourWelfare
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The Zambia Congress of Trade Unions (ZCTU) has called for broader consultations on the review of several key pieces of labour legislation, including the Industrial and Labour Relations Act, the Factories Act, the Occupational Safety and Health Act, and the Employment Code Act.
Trade union congress calls for broader consultations on key labour law reforms
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India's new Labour Codes aim to replace 44 existing laws with four comprehensive codes: Social Security, Occupational Safety, Industrial Relations, and Wages. These reforms seek to streamline processes, enhance worker protections, and improve clarity. However, in our latest post, Yash Sharan and Abhishek Nande assert that implementation faces delays due to inadequate resources, state-level preparedness, and protests from trade unions. They argue that effective execution is crucial for equitable economic growth and improved worker welfare.
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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 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 )
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