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Mercantile Laws – II




                    Notes          Self Assessment

                                   State whether the following statements are true or false:
                                   14.  The hours of work in a day are nine in case of an adult.
                                   15.  Claims can be filed by Inspectors before the  Authorities concerned  in the  prescribed
                                       format.

                                       


                                     Case Study  Government Interest in the Field of
                                                 “Employee Satisfaction Schemes”

                                            overnments all over the world had neither the time nor the interest to care for the
                                            problems pertaining to labour arising in industry till the end of 1940’s. But the
                                     Gneed for governmental interference arose out of the belief that government is the
                                     custodian of industrial and economic activities.
                                     Since the 1940s the Government of India has increased its regulations of the way employers
                                     treat employees. The Trade Unions Act, 1926, permits workers to join unions, the Minimum
                                     Wages Act, 1948, guarantees a minimum wages, The Factories Act,1948, ensures a safe and
                                     healthy environment, the Workmen’s Compensation Act, 1923, offers compensation  to
                                     injured workers, the Payment of Wages Act, 1936, checks fraudulent practices, union
                                     management relations, compensation issues, dispute settlement, etc., is quite rigorous
                                     and elaborate. There are  laws that prohibit discrimination  and restrict  the freedom  of
                                     employers to make HR decisions in other areas as well.
                                     As the guardian of the economy and as a regulator of employment relations, the central
                                     government does not seem to loosen its grip in the near future. Experts believe that the
                                     trend towards increased government intervention will continue. They base their arguments
                                     on the current trends in developed countries in this area in the form of employer-sponsored
                                     health insurance schemes, greater job security, improved treatment, etc.
                                     Others, however, are  not  very  optimistic about  governments trying  to  regulate  the
                                     employer-employee relations closely. Competitive pressures,  deregulation of  industry,
                                     rising wages bills, increasing number of older employees needing social security protection,
                                     inflationary pressures, heavy taxes and host of others factors having a significant bearing
                                     on the profitability of a firm do not seem to support government’s active intervention in
                                     industry. These  experts  contend  that if  Indian  firms have  to  remain competitive  in
                                     international markets, they should freed from all types of control, especially those imposed
                                     by the government.
                                     Questions
                                     1.   Which Trend do you think will occur and why?
                                     2.   If a government regulation continues to increase,  how will  HR departments  be
                                          affected?

                                   Source:  http://indiankanoon.org
                                   9.5 Summary


                                      The  Minimum  Wages  Act,  empowers  the  Government  to  fix  minimum  wages  for
                                       employees working in specified employments. It provides for review  and revision of
                                       minimum wages already fixed after suitable intervals not exceeding five years.



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