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Doing Business in India - RSM Austria

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2.5 The Equal Remuneration Act, 1976<br />

The equal remuneration Act provides for payment of equal remuneration to men<br />

and women workers for the same work or work of a similar nature and for the<br />

prevention of discrim<strong>in</strong>ation on the ground of sex aga<strong>in</strong>st women <strong>in</strong> the matter of<br />

employment.<br />

2.6 The Contract Labour (Regulation and Abolition )Act, 1970<br />

The Contract labour (Regulation and Abolition) Act, 1970 is aimed to regulate the<br />

employment of contract labour <strong>in</strong> certa<strong>in</strong> establishment and provides for its<br />

abolition <strong>in</strong> certa<strong>in</strong> circumstances. The Act mandates registration of pr<strong>in</strong>cipal<br />

employer and the contractor who are covered under the Act. However the Act is not<br />

applicable to establishments perform<strong>in</strong>g works only of an <strong>in</strong>termittent or casual<br />

nature.<br />

2.7 Trade Unions Act , 1926<br />

The Trade Unions Act provides for registration of Trade unions and to confer on the<br />

registered trade unions certa<strong>in</strong> protection and privileges.<br />

2.8 Health and Safety<br />

Employers have a legal duty to take reasonable care of their employees. An<br />

employee who is <strong>in</strong>jured at work may be able to claim compensation for the<br />

employer’s negligence.<br />

Generally regulations relat<strong>in</strong>g to work<strong>in</strong>g conditions <strong>in</strong> commercial establishments<br />

as per the relevant state legislations cover the follow<strong>in</strong>g aspects<br />

Daily and weekly hours of work<br />

Holidays <strong>in</strong> a week<br />

Open<strong>in</strong>g and clos<strong>in</strong>g hours for women<br />

Intervals for meal etc.<br />

M<strong>in</strong>imum leave days<br />

Wages for overtime work<br />

The Factories Act, 1948 specifically covers the health and safety of workers. The<br />

ma<strong>in</strong> objectives of the act are to regulate the work<strong>in</strong>g conditions <strong>in</strong> factories and to<br />

ensure that employers meet basic m<strong>in</strong>imum requirements of health, safety and<br />

welfare for factory workers. In addition, the act regulates work<strong>in</strong>g hours, leave,<br />

holidays, overtime, and the employment of women and children.<br />

Some of the key work<strong>in</strong>g condition requirements as per the Factories Act, 1948 are<br />

as follows<br />

54<br />

DOING BUSINESS IN INDIA

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