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Moving beyond the legal understanding of work and workmen

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Moving beyond the legal understanding of work and workmen
LABOUR LAW PROJECT

boundaries of wage employment- Moving beyond the legal understanding of “work” and “Workmen”

Submitted to: Submitted by:
Ms. Ritumbra Manuvie Anusha Shrivastava, R230208005
Labour Law Faculty Surbhi Sacklecha, R230208073
UPES, Dehradun Vijaylaxmi Chaudhary, R230208080 Komal Mottyar R230208024 6th semester, B.A;LL.B(hons.)

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
DEHRADUN

CONTENTS TITLE PAGE NO.

1. Workmen under ID ACT,1947 3
2. Definition of Industry under ID, Act 6
3. Industrial Relations 7
4. Loopholes in the definition of Workmen under ID Act 9
5. Unorganized Workmen 10
6. Unorganized and Organized Workmen 12
7. Problems faced by Workmen under Unorganized Sector 13
8. Unorganized Worker’s Act, 2008 and its Provisions 15
9. Legal provisions with respect to casual/temporary workers: 16
10. Employment security for home based work-Legal provisions 17
11. Provisions for payment of remuneration 18
12. Empowerment of unorganized workers 18
13. Recommendations: 20
14. Conclusion: 20
15. Bibliography 22

WHO IS A WORKMAN UNDER ID ACT 1947?
The ID Act defines the term “Workman” to mean any person (including an apprentice) employed in any industry to do any manual,



Bibliography: Bhandari and Heshmati (2006), ‘Wage Inequality and Job Insecurity among Permanent and Contract Workers in India’, IZA Discussion Paper 2097, Bonn. Chandrasekhar, C.P. and Ghosh, J. (2002), ‘Regulating labour markets for more employment’, The Hindu Business Line, November 12. Chandrasekhar, C.P and Ghosh, J Sakthivel, S. and Joddar, P. (2006), ‘Unorganised Sector Workforce in India: Trends, Patterns and Social Security Coverage’, Economic and Political Weekly, Vol. 41, No. 21 Report on Labour Commission Industrial Disputes Act, 1947 Factories Act, 1948 Trade Union Act,1926 Workmen’s Compensation Act, 1923 Unorganized Workers Act, 2008 Plantation Labour Act,1951 Payment of Wages Act, 1936 Minimum Wages Act,1948. The Employees’ State Insurance Act ,1948 ( 34 of 1948) The Employees’ Provident Funds and Miscellaneous Provision Act ,1952 (19 of 1952) The Maternity Benefits Act,1961 (53 of 1961) The payment of Gratuity Act ,1972 (39 of 1972)

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