TAMIL NADU NATIONAL LAW UNIVERSITY

(A University established under the Tamil Nadu Act No. 9 of 2012)

Dindigul Main Road, Navalurkuttapattu
Tiruchirappalli 620 027
Tamil Nadu, India

B.A. LL.B. (Hons) and B. Com. LL. B. (Hons)

COURSE SYLLABUS

LABOUR LAW - II

The Relevance & Objective:

According to ILO “Social security is the security that society furnishes, through appropriate
organization, against certain risk to which its members are exposed. The risks are essentially
contingencies against which the individual of small means cannot effectively provide by his own
ability or foresight alone or even in private combination with his fellows”.In developing nations, the
implementation of social security laws is very difficult task due to the fact that capital and insurance
markets are typically underdeveloped, budget restrictions are high and usually developing countries
have traditional labour structures and large levels of poverty. This brings in, the relevance of Welfare
State Policy as distinguished from Laissez Faire Policy.
Predominance of informal employment has been one of the central features of the labour market
scenario in India. While the sector contributes around half of the GDP of the county, its dominance
in the employment front is such that more than 90% of the total workforce has been engaged in the
informal economy.Now with the neo-liberal economic policies there is the widespread
informalization of the formal sector through down-sizing, casualization and contractualisation.The
relevance of the dignity of human labour and the need for protecting and safeguarding the interest
of labour as human beings has been enshrined in the Constitution of India keeping in line with
Fundamental Rights and Directive Principles of State Policy. Several social security legislations have
been enacted in the Indian context catering to different aspects of labour namely, occupational
health, safety, employment, training of apprentices, fixation, review and revision of minimum wages,
mode of payment of wages, payment of compensation to workmen who suffer injuries as a result of
accidents or causing death or disablement, bonded labour, contract labour, women labour and child
labour, provision of social security such as provident fund, employees’ state insurance, gratuity,
provision for payment of bonus, regulating the working conditions of certain specific categories of
workmen such as plantation labour, beedi workers etc.

The 3Labour Codes dealing with social security, wages and occupational health and safety will be
analysed at necessary stages.The Course is intended to be taught mainly from three perspectives.
Firstly, Law in text (black letter law) Secondly, Law in context (history behind them and the context
in which it is expected to work) and Thirdly, Law in action ( the implementation aspects , the
regulatory mechanisms envisaged, the hurdles faced by the appropriate Department implementation
of the Act, the way forward and suggestions)

Teaching method:

Keeping the above mentioned setting in the background, the classroom discussion on respective
legislations encompasses its historical development, International mandates, analysis under Indian
Constitutional Law, the analyses of the Act, its critical evaluation, the policies and debates in the
field and supportive cases on relevant aspects.The teaching methodology adopted for this course
will be Lecture method and discussions on various components of the legislations involved

Teaching Plan

INTRODUCTION MODULE -I

Conceptual frame work of Social Security-Evolution and concept of Social Security, Scheme of
Social Security,Constitutional Framework, Role of ILO-Fundamental Core Conventions and its
impact. (5 hours)

SOCIAL SECURITY LEGISLATIONS MODULE -II

UNIT- I

The Employees’ State Insurance Act, 1948 :Fatal Accident Act, 1855 - Scope and significance;
Employers Liability Act, 1938.Aims, Objectives and Scope; Definitions Corporation, Standing
Committee and Medical Benefit Council, Contribution Kinds of benefits and eligibility, Conditions,
Adjudication of Disputes and claims (8 hours)
UNIT- II

The Maternity Benefit Act,1961:Aims & Object, Definitions, Restriction on employment, Right to
Maternity Benefit, MedicalBonus, Leave Dismissal during Pregnancy (Sec.10-16), forfeiture of
Maternity benefit, Leave for Miscarriage, Penalty for contravention of Act by Employer, Cognizance
of offences,2017 Amendments. (5 hours)
UNIT-III
The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952: Aims, Objectives
and Scope, Definitions Central Boards and its Role Provident Fund Scheme; Deposit Linked
Insurance Scheme; Family Pension Scheme1971 and Employees’ Pension Scheme 1995- scope and
significance. (6 hours)

UNIT- IV

The Payment of Gratuity Act, 1972: Aims and Objects of Act, Definition, Controlling Authority,
Payment of Gratuity, Recovery of Gratuity, Determination of the amount of Gratuity, Authority for
Adjudication of Claims (Sec.15-18), Penalty for offences under the Act. (4 hours)

UNIT-V
Employees’ Compensation Act, 1923: Object of the Act – Workmen covered by the Act –
Liability of the employer to pay compensation – Accident arising art of and in the course of
employment – Notional Extension of Employer’s premises – Personal Injury – Occupational
diseases – calculation of compensation – Principal Employer’s right of Indemnity – Powers and
functions of the Commissioner. (6 hours)

Social Security Code, 2019- Changing Labour Scenario- Amendments proposed- Issues and
Challenges ahead. (3 hours)

THE WAGES LEGISLATION MODULE -III

UNIT -VI
Minimum Wages Act, 1948;Theories and Concept of Wages , Aims & Objects of Act, Definition,
Concepts of Minimum, Fair and Living Wages, Methods of Wage Fixation & Revision ofrates of
Wages, Constitutionality of Minimum wages Act; Working Hours and Determination of Wages and
Claim etc. Authority- Appointment &Powers of the Authority.

The Payment of Bonus Act: Historical background, Scope and Application, Definition,
Computation of Gross profit and available surplus, Eligibility for Bonus, Disqualification for Bonus,
Minimum and Maximum Bonus. (6 hours)

Unit-VII

The Equal Remuneration Act,1976;Significance in Indian context; Payment of Remuneration at

equal rates to Men and Women workers and other matters. (5 hours)

UNIT –VIII

Payment of Wages Act, 1936: Aims & Object, Responsibility of Payment of Wages, Time of
Payment of Wages & Fixation of Wage Period, Authorized Deductions (Sec.7 to 13), Appointment
& Powers of Inspectors and Authority for Adjudication of Claims (Sec.15-18), Penalty for offences
under the Act. ( 3hours)

UNIT- IX

Payment of Bonus Act, 1965-Full Bench Formula-The statutory provisions-How the system
works. (5 hours)
Wages Code, 2019 - Changing Labour Scenario- Amendments proposed- Issues and
Challenges ahead. (2 hours)

PROTECTION AND SAFETY AT WORKPLACE WITH SPECIAL REFERENCE TO

WOMEN AND CHILDREN MODULE -IV

UNIT - X
Factories Act,1948 (4 hours)
Child Labour Prohibition and Regulation Act,1986 along with Amendments in 2017 -Child
Labour and its implications(2 hours)
Protection of Women from Sexual Harassment at Workplace Act, 2013 (2 hours)

SOCIAL SECURITY LEGISLATIONS WITH SPECIAL REFERENCE TO

UNORGANISED SECTOR MODULE -V

UNIT-XI
Unorganised Workers Social Security Act, 2008-The Promises and the Limits (3 hours)
Bonded labour system (Abolition Act), 1976-The Law and Policy debates (3 hours)
The Building and Other Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996-The Law in the working. (3 hours)
Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979 (3 hours)

Suggested Readings:(List of books is not exhaustive)

 O. P. Malhotra: The Law of Industrial Dispute, Universal, Delhi.

 V.G. Goswami, Labour and Industrial Laws, Central Law Agency.
 S.N.Misra, Labour and Industrial Laws, Central law publication-22nd edition. 2006.
 Khan & Kahan, Labour Law-Asia Law house, Hyderabad
 K.D. Srivastava, Payment of Bonus Act, Eastern Book Company
 K.D. Srivastava, Payment of Wages Act
 Kumar, H L:Labour laws : Everybody should know / H L Kumar . - 5th Ed. New Delhi:
Universal Law Publishing Co.Pvt.Ltd., 2008.
 Kumar, H L:Checklist obligation of employers under labour laws / - 3rd Ed . - Delhi:
Universal Law Publishing Co.Pvt.Ltd., xxv,370p.:20 cm.
 Lakshmanan, A R: Service and labour laws / A R Lakshmanan For By B Sudershan Reddy,
B S Chauhan and Salman Khurshid . - Delhi: Universal Publishing Co. Pvt.Ltd., 2011.
 Pai, G B: Labour law in India Vol. I / G B Pai . - New Delhi: Butterworths India, 2001.
 Saharay, H K: Industrial and labour laws of India / H K Saharay . - 3rd Ed Calcutta: New
Central Book Agency Pvt .Ltd., 1993.
  Srivastava, S C: Industrial relations and labour laws / S C Srivastava . – New Delhi: Vikas
Publishing House Pvt. Ltd., 1990.

Report reference :
 Report of the first National Commission on Labour (1966-69)
 The National Commission on Rural Labour (NCRL: 1987-91)
 Report of the National Commission on Labour,Government of India, 2002
 NCEUS Report
 Shram Shakthi Report

Evaluation
 Mid Semester Examination : 20 marks
 Viva/Project Paper ( 5+ 10 marks) : 15 marks(Subject to necessary instructions)
 Continuous Evaluation : 15marks
 End Semester Examination : 50 marks

Total : 100 marks

Scheme of Mid Term &End term examination:

Factual questions (Applying law into the facts),essay type questions and comprehensive questions.
Total -60 marks
Guidelines for Project Assignment:
1. Word Limit: 4000-5000 words

2. The contents:

The project on each specific topic shall consist of Historical

component,International mandates on the topic, the Constitutional perspective, the
legal framework, judicial decisions,the policy implications, the challenges faced in its
enforcement, recommendations from expert bodies like NCL and the way forward
with proposals.Field work for suitable topics is highly appreciated.
3. Expression of analysis, arguments and suggestions/proposals in one’s own words will be
appreciated.

*****