Labour Law Consultant - Labour Act
Employment and Labour law consultant concerned with the laws and regulations that govern workers and employers. In labor law, the relationship between employees and their employers is governed by labor unions, while employment law governs their relationship with employers.
Employee Laws in India
Labor and employment law practice areas include representing private employers, labor unions, and employees. An attorney specializes in labor law advisor, equal employment opportunity law, employment contracts, family leave, medical leave, military leave, wage and hour laws, wrongful termination, harassment, workplace safety, covenants not to compete, employee benefits, and workers' compensation.
A labor and employment lawyer may advise clients on how best to comply with the federal laws administered by the Department of Labor, the National Labor Relations Board, the Equal Employment Opportunity Commission, and various state agencies. Union or management counsel will cover collective bargaining agreements, grievance, and arbitration processes, contract management, and strikes and work stoppages.
Labour Lawyers for Employees
Employers and employees may be represented by these lawyers in matters such as discrimination, harassment, wrongful discharge, wage-hour violations, and family and medical leave. They may assist employers with employee benefits law, disciplinary issues, disability accommodations, drug and alcohol testing, confidentiality agreements, workplace investigations, or unemployment benefits claims. Employee handbooks and employment policies may be prepared by them for their clients. As part of their job duties, severance specialists may provide advice to employees facing termination due to a reduction in force who have been presented with severance proposals, or they may draft severance proposals for employers.
In most cases, contract labour refers to an employed worker who has been hired to work a particular job or period of time for a company through a contract labor registration. There is no direct recruitment of contract labor by the companies. Companies employ contractors who, in turn, recruit workers to perform different tasks for their businesses. 1970 was the year that the contract labour regulation and abolition act was introduced in order to prevent the ill-treatment of employees in any establishment and to ensure that they work in a safer setting. As well as regulating the welfare, health, and payment of contract workers under the act, it contains detailed provisions that govern the registration of the company and grant the contractor the right to operate.
The Contract Labour (Regulation and Abolition Act, 1970)
The act is applicable to all companies in India.
There are 20 or more workmen employed in a firm, presently employed or previously employed at any given time during the last twelve months, subject to this act. A contractor who employs or employs twenty or more workers on any day of the past twelve months is also held accountable for any taxes owed to the government. Such tax obligations are not applicable to companies that take on casual or irregular work. This section again is subdivided into the following:-
Performing more than one hundred and twenty days within a year cannot be considered intermittent (if it has been performed for more than one hundred and twenty days).
In order to be considered an intermittent establishment, two-thirds of the year must be regularly performed.
Process for Registration of Contract Labor Companies
The government must grant a certificate of registration to any firm that employs contract labour. This is how companies with contract labor can be registered:
If you would like to register for the conference, you will need to bring Form no. 1 along with a receipt verifying payment of the registration fees.
A registration officer grants a copy of the registered certificate if the company's application is complete in every respect.
Certificate of Registration
The name and address of the establishment should be provided.
As much as possible, a maximum number of contract laborers can be hired.
Your type of business, as well as any other information that may be relevant.
Contractor Licence
Contractors working for establishments that have employed 20 or more workers on a daily basis over the past twelve months have to obtain a permit to hire contract labor. Section 12 of the Contract Labour Act requires the licensing officer to issue this license. Such a permit may contain terms and conditions regarding the hours of work, wages, and other conditions that are necessary to the contract laborers.
License Grant Procedures
In the following format, a licensing officer explains the process of applying for a permit:
The contractor is required to ensure that the Licensing Authority receives the application for the grant of the license application form.
In addition to the application fees, a security fee of Rs. 20 must also be deposited at the time of application.
In order to preserve the receipt of the fee paid to the licensing officer, it is necessary to keep it.
There must be a certificate by the employer in Form V stating that the contractor has been retained for the establishment that the employer is managing.
During the next 30 days after the license expiration date, the contractor is required to provide the prescribed fee along with his renewal application in order to avoid being charged the 25% more than usual fee. The licensing officer may make further necessary investigations and grant the license in Form VI, which needs to be renewed before the grace period expires.
Contractor and employer duties
Employers should ensure that contractors do the following when they are hired:-
Payments are made according to the government's wage schedule or as specified by a contract
Ensures that wages are paid in accordance with the rules of the commissioner of labor.
A fair wage is paid to the workers in their absence.
Among the facilities provided by the institution are the following:
Providing canteens for the laborers (if the number of employed workmen totals 100 or more, and if the work is being performed for at least six months).
Obtains an employment card from the employer for the workers.
Bathrooms for workers who work at night and where the work is performed on a steady basis over three months.
It is necessary to have separate urinals for men and women in the same facility.
A place to drink water, wash clothes, first aid, childcare, etc., for the laborers.
The Indian Employment Act, 1935 (I.E.A.) was the first employment law in India. The I.E.A was enacted on 1st March 1935 and came into force on 1st July 1935. The employment agreement india act made it mandatory for employers to provide a minimum of two weeks' notice to employees before starting work and also required them to pay a fee for each week's notice given by the , which was called 'Employment Insurance'.
ReplyDeleteA trademark may be assigned or licensed under the provisions of trademark law. Trademark assignment in india are intellectual property, so the proprietor may sell, license, or transfer them as he or she sees fit.
ReplyDeleteThere is the option to renew the trademark indefinitely every ten years. Before the end of the ten-year period, the Registrar gives the trademark holder a six-month window for trademark renewal and continue to enjoy its rights. Registrars will publish advertisements in the Trademark Journal stating that trademarks will be removed if they fail to renew them.
ReplyDelete