In The Light of Slew of Steps Taken by The Centre, Maharashtra Cabinet Repeals Further 5 Acts On Its Own Steam?
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Compliance with labour and employment laws has become one of the most important issues that many establishments in India have to deal with. Many employment disputes result in litigation and take a prolonged time for effective conclusions. Karma Global is an Indian HR, Payroll, and Compliance Firm advising clients worldwide on local, regional and global regulatory compliances in relation to their business goals, business strategies, and resolving disputes.
It gives valuable suggestions and advice to Corporates, Investors, Institutions, Contractors, Establishments, Industries, etc. on the need for lowering employment risk across all levels and adhering to the laws of the land. It has a lot of expertise on employment-related compliance issues, as well as day-to-day support for Human Resource Services with in-house Counsel. Karma Global is also into employment agreements and policies, structuring of compensation and benefits, employment aspects of merger and takeover, etc.
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On The Way to Freedom from The Web of Entangled Legislation Enforced For Decades!
4 Labour Codes and Freedom from the Web of Legislation:
Many provisions of Labour Laws trace their origin to the time of the British Raj. However, with changing times, many of them either became ineffective or did not have any contemporary relevance. Rather than protecting the interests of workers, these provisions became difficulties for them. The web of legislations was such that workers had to fill four forms to claim a single benefit. Therefore, the present Government has repealed the non-useful Labour Laws. Now 29 Labour Laws have been codified into 4 Labour Codes.
New 4 Codes have a tremendous advantage for all for ensuring workers’ right to minimum wages, the Central Government has amalgamated:
4 laws in the Wage Code,
9 laws in the Social Security Code,
13 laws in the Occupational Safety, Health and Working Conditions Code, 2020 and
3 laws in the Industrial Relations Code.
The Central Government has made headway towards changing the standard of living of workers in a fundamental manner. This will have positive and far-reaching effects on workers and nation-building.
These Labour Reforms will enhance the Ease of Doing Business in the country. Employment creation and output of workers will also get enhanced. The benefits of these four Labour Codes will be available to workers of both organized and unorganized sectors. Now, the Employees’ Provident Fund (EPF), Employees’ Pension Scheme (EPS), and coverage of all types of medical benefits under Employees’ Insurance will be available to all workers.
Maharashtra Cabinet Gets Further into The Act of Repealing Another 5 Acts?
The cabinet’s approval comes at a time when the Centre has taken a slew of steps to simplify the labour laws and regulations in a bid to promote a favorable environment for industries essential for employment generation in the country.
To create a business-friendly and conducive environment for industries in the state, in line with the ease of doing business policy of the Union government, the Maharashtra Cabinet on Tuesday decided to decriminalize and amend several sections and provisions of different laws and Acts pertaining to the state Labour and Home departments.
While in the Home department, a decision was taken to amend provisions of punishment under the Maharashtra Police Act and the Maharashtra Cinemas Act; in the Labour department, a decision was taken to amend the existing provisions of different labour laws and introduce new sections in some of the Acts.
According to Home department officials, a committee was constituted under the chairmanship of an additional chief secretary (industries) for the decriminalization of prison punishment as required by the provisions of various Acts and rules of the state government. The committee sought the review provisions of criminal punishment (including imprisonment) and measures to reduce the punishment. Accordingly, fine and imprisonment provisions of Acts related to the Home department were reviewed. A decision to amend labour laws and remove outdated provisions was also taken in the Cabinet meeting.
A favorable environment for industries is essential for employment generation in the country. For this, the central government has taken steps to simplify laws and regulations. Ease of doing business is part of it. From this perspective, a meeting chaired by the cabinet secretary of the central government discussed reducing the burden of regulatory compliance on business and increasing the amount of penalty. Following a review by the committee, the decision to amend the sections of acts falling under the Labour department was taken,” said an official from the Labour department.
The Cabinet Has Approved The Amendments In The :
Maharashtra Industrial Relations Act, 1946,
The Maharashtra Workmen’s Minimum House Rent Allowance Act, 1983,
The Maharashtra Mathadi, Hamal, and other manual workers (regulation of employment welfare) Act, 1969.
The Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act,1981,
The Maharashtra Labour Welfare Fund Act, 1953.
CONCLUSION:
Prime Minister, Shri Narendra Modi’s quote is as follows: ……!
“We need to come out of the mind-set that industry and labour are always in conflict with each other. Why not have a mechanism where both benefit equally? Since labour is a concurrent subject, the law gives flexibility to state governments to modify the codes further as per their unique situation and requirements. The right to strike has not been curtailed at all. In fact, trade unions have been conferred with a new right, enabling them to get statutory recognition. We have made the employer-employee relation more systematic and symmetrical. The provision of notice period gives an opportunity for amicable settlement of any grievance between employees and employers.” – Prime Minister Narendra Modi
Karma Global is a fully homegrown successful Outsourcing and Labour Laws Organization, operating both with contract employees as well as with permanent types of employees who are placed in the locations of global and domestic clients.
Karma Global has traditionally been a dynamic Regulatory Compliance driven organization with an integrated and up to mark the approach to HR Services.
Karma Global has always set its sights on keeping a tab and interpreting the regulatory changes in the manner required by authorities with a focus on the implementation of these new rules coupled with the adeptness to sophisticated technology, which has placed them in the top 5 consulting organizations today as far as HR Service Organization is concerned.
Karma Global’s experts sitting in various offices and catering to over 500 clients are fully intertwined with the workflow and processes that are leading most of its clients to convert their value drivers into the transformation of their businesses and objectives for effective results.
Karma Global’s technology securely integrates regulatory compliance across all types of businesses from trading to operations to investor services to financials and banks while also providing the clients access to these technologies with the power to control process operations with a dashboard and ready updates on the workflows done monthly and timely as per stipulated dates set by the authorities.
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Some of the current acts followed by the Maharashtra State and the provisions thereof are handled by Karma Global. You may get in touch with us for any of your needs as we have a vast team of over 200 staff catering to instant services.
| Sr. No. |
Central Acts & Rules |
| 1 | The Draft Rules Maharashtra Occupational Safety, Health and Working Conditions (Factories and Other Ports) Rules Published by the State Govt. of Maharashtra- 18 July 2022 |
| 2 | The Draft Rules Maharashtra Occupational Safety, Health and Working Conditions (Labour) Rules Published by the State Govt. of Maharashtra- 18 July 2022 |
| 3 | Draft Rules Published by State Govt of Maharashtra under the Maharashtra Industrial Relations Code Rules, 2021 – 03 December, 2021 |
| 4 | Draft Rules Published by State Govt of Maharashtra under the Maharashtra Code of Wages Rules, 2021 – 03 September, 2021 |
| 5 | Draft Rules Published by State Govt of Maharashtra under the Maharashtra Code of Social Security Rules, 2021 – 27 August, 2021 |
| 6 | The Industrial Disputes Act, 1947 |
| 7 | The Trade Union Act, 1926 |
| 8 | The Industrial Employment (Standing Orders) Act, 1946 |
| 9 | The Industrial Employment (Standing Orders) Rules, 1946 |
| 10 | The Payment of Wages Act, 1936 |
| 11 | The Payment of Wages Rules, 1937 |
| 12 | The Equal Remuneration Act, 1976 |
| 13 | The Payment of Bonus Act, 1965 |
| 14 | The Child Labour (Prohibition & Regulation) Act, 1986 |
| 15 | The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 |
| 16 | The Maharashtra private security guard (Regulation of Employment and Welfare) Act, 1981 |
| 17 | The Maharashtra Domestic Workers Welfare Board Act, 2008 |
| 18 | The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984 |
| 19 | The Contract Labour (Regulation & Abolition) Act, 1970 |
| 20 | The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 |
| 21 | The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2007 |
| 22 | The Building & Other Construction Workers Welfare Cess Act, 1996 |
| 23 | The Building & Other Construction Workers Welfare Cess, Rules, 1998 |
| 24 | The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 |
| 25 | The Sales Promotion Employees (Conditions of Service) Act, 1976 |
| 26 | The Sales Promotion Employees (Conditions of Service) Rules, 1976 |
| 27 | The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 |
| 28 | The Payment of Gratuity Act, 1972 |
| 29 | The Maternity Benefit Act, 1961 |
| 30 | The Maharashtra Workmen’s Minimum House Rent Allowance Act, 1983 |
| 31 | The Motor Transport Workers Act, 1961 |
| 32 | The Bonded Labour System (Abolition) Act, 1976 |
| 33 | Cine – Workers Welfare Fund Act, 1981 |
| 34 | The Factories Act, 1948 |
| 35 | General Clauses Act, 1897 |
| 36 | Industries (Development & Regulation) Act, 1951 |
| 37 | Securitization Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 |
| 38 | The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 |
| 39 | The Labour Laws (Exemption) Act, 1988 |
| 40 | The Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 |
| 41 | The Weekly Holidays Act, 1942 |
| 42 | The Arbitration and Conciliation Act, 1996 |
| 43 | The Workmen Compensation Act, 1923 |
| 44 | Environment Protection Act, 1986 |
| 45 | Apprentices Act, 1961 |
| 46 | The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 |
| 47 | The Employees’ State Insurance Act, 1948 |
| 48 | Labour Law (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Amendment Bill, 2011 |
| 49 | Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act 2017 |
| 50 | Maharashtra Shops & Establishment(Regulation of Employment and Conditions of Service) Rule 2018 |
| 51 | The Unorganised Workers Social Security Act 2008 |
| 52 | Maharashtra Labour Welfare Fund Act, 1953 |
| 53 | Minimum Wages Act, 1948 |
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