Labour Laws Are State Or Central Govt Subject

vinodpr
"Greetings"
can anybody expalin the role of central govt. and state govts in labour law compliances.
Which filing need to be done with central govt. and which for state govt.
pmpatel
In constitution of india there are three list and which gives power to legislate. First is central subjects where only center can legislate and state can't legislate. Second is state subjects where only state cam legislate and not central. Third is concurrenet list and in that both center and state can legislate.
LABOUR IS on concurrent list and hence both will have power will legislate.
Where center has legislated you have to comply with central legislation and where state has legislated you have to comply with state legislation requirement. For Example Maharashtra House Rent allowance or Maha Mathadi Act etcetra.
I hope the same clears your doubt.
prvbng
As per our constitution LABOUR is in the concurrent List.ie both the central and State Govt can legislate on the subject.
The relevent list is as below
"23. Social security and social insurance; employment and unemployment.
24. Welfare of labour including conditions of work, provident funds,
employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits."

But we have a convention.labour subject is discussed in the TRIPARTITE FORUM ie Indian Labour Conference,subsequently necessary legislations intruduced in the parliament.
such act will be applicable to the whole of India.But state can amend relevant sections and also is empowered to make rules for the implementation of the act.
In every act appropriate Govt is properly defined.Depending on the type of organization ,it can easily be clarified.
you need to specify the issue ,know relevent act and find the appropriate govt.
pls discuss with couple of people.
Ashokmore
Mr. Vinod
There are two labour officer (1) State Govt. Labour Officer & (2) Labour Enforcement Officer (Central).
Labour Enforcement Officer (Central) can visit in Govt. sector industries like Refineries, IOCL, BPCL, HPCL, GAIL etc.
Compliance in Central are same only Form numbers are different such as
1. Muster Roll (Form-V).
2. Register of Wage (Form-X).
3. Register of Over Time (Form-IV).
4. Register of Fine (Form-I).
5. Register of Deduction (Form-II).
6. Wage Slip (Form-XI).
7. Abstract of Minimum Wage Act
Regards
Ashok More
pragadeeshwaran
hi!
mr.patel is right. central acts will be bare and state act will be in detail.for eg: there should be suffieicient number of toilets in a factory:factories act 1948(central), there should be toilets for every 30 labours and urinals for every 50 labours:tamilnadu factories rules 1950(state).
so state can amend,expand without violating central.
manojprasad
Dear Vinod
To clear this point pls. refer the defination of "Appropriate govt." in each Labour law , whichever is applicable to your factory/establishment.
This will be in u/s 2 of any act.
Regards
Manoj Prasd
azim_1607@yahoo.com
Dear Ashok,
Please Clarify if an Establishment is registered under Factories Act, Can State Government Labour Officer has Jurisdiction to inspect the Factory ? OR Chief Labour Inspector under Factory has jurisdiction . Kindly reply.
Regards,
Azim
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