INTRODUCTION
No other provision of the Industrial Disputes Act, 1947 (hereinafter ID Act) has been under as much scrutiny as the definition of ‘industry’ given under section 2(j). To avail the benefit of the ID Act, it is necessary for the worker to prove that his place of employment falls under the purview of the definition of ‘industry’ in s 2(j). Over the years the judiciary has laid down certain tests and criteria to determine and limit (or as seen later, expand) the scope of the legislation to extend the benefits to workers in different establishments. One such issue was to examine if educational institutions (universities, schools, etc) would fall under s. 2(j). This essay starts by tracing the judicial developments with regard to educational institutions under s 2(j).
ARE EDUCATIONAL INSTITUTIONS ‘INDUSTRY’?
The concern of education as ‘industry’ arose for the first time in Corporation of Nagpur v Its Employees . It was held that the education department of the corporation was a service being provided and would therefore fall under ‘industry’. The question was again addressed in Delhi University v Ram Nath in 1963. The argument presented was that widest meaning should be given to s. 2(j) along the line of the decision in Hospital Mazdoor Sabha , wherein it had been stated that ‘industry’ expressly included ‘services’. The working principle stated that the activity should involve the co-operation of the employer and employees with the object of satisfying material
Introduction: Education sector in India is today worth of trillion dollar (approximately 20,000 crores) business school (B-school) education has seen immensive growth in the last two decades. The first business program was started in 1954 by the Indian Institute of Social Welfare and Business Management in Calcutta. There were 118 B-school programs in 1989 and 744 in September 2000 (Abid Hussain Committee). Recently, industry estimates suggest that there are more than 1,300 B-schools in India. B-schools are subject to vagaries of market forces such as tough competition, demanding students, and the corporate world. World Trade Organization and General Agreement on Trade in Services are also influencing factors. If a B-school wants to grow a long-term future, consistent improvement of quality is essential. Quality has to be practicalized in various parameters like quality in inputs (faculty and infrastructure), quality in processes,(active learning time), quality in outputs, (tests and gradation scores) and quality in outcomes (gainful employment). Innovative colleges, universities and
| |Employers also have a duty of care towards their employees, both paid and unpaid, under the Health and Safety at Work Act |
The thesis deals with the above concepts and discusses how the Companies Act 71 of 2008 (the Act) modified the law, particularly, by extending the legal capacity of a company and extinguishing or modifying the above rules which had previously restricted a company's ability
The other fundamental issue that Charles raises is the treatment that the employees get from both the law and the proprietors/accounts. He says that employees in most instances are treated as property that belongs to the owner of the business and recorded as costs (salary/allowances) and not as assets. This effectively means that they are treated as things that are supposed to be minimized just like any other costs. This is a trend that needs to be changed and the employees need to be treated as cherished community together with the proprietors and the stakeholders. It should be a community that has members who are proud to be members of that particular community, allowed to express their views on issue related to them and the organization and generally have a free environment to
The relative nature of the work test is “essentially an economic and functional one, and the determinative Criteria [sic] not the inconclusive details of the arrangement between the parties, but rather the extent of the economic dependence of the worker upon the business he serves and the relationship of the nature of his work to the operation of that business.” Marcus v. E. Agr. Ass'n, Inc., 58 N.J. Super. 584, 603 (App. Div. 1959), rev'd. Marcus v. E. Agric. Ass'n, Inc., 32 N.J. 460 (1960). There are two fundamental questions that have to be explored: (1) is the work an integral part of the regular business, and (2) is the employee economically dependent on the
"National Industrial Recovery Act." Gale Encyclopedia of U.S. Economic History. Ed. Thomas Carson and Mary Bonk. Detroit: Gale, 1999. Student Resources in Context. Web. 16 Mar. 2016.
Under the Fair Work Act 2009 (Cth) (FW Act) certain terms are not permitted in enterprise agreements. The Full Court of the Federal Court (Full Court) recently examined such terms in the recent decision of Australian Industry Group v Fair Work Australia [2012] FCAFC 108 (AIG Case).
The three acts are National Industrial Recovery Act ’33, Social Security Act 1935, and Fair Labor Standards Act 1938.
Origins of employment law date back to the 14th century, with the first labour legislation, the Ordinance of Labourers, being passed in 1349. It maintained wages at rates to be fixed from time to time by justice of the peace. However, it is not really until the early 19th century that we see a significant increase in change in employment law, and an ever-increasing speed of change and innovation, giving more and more legal protection to workers.
V. Many people are unaware that Industrial Organizational Psychology is the reason why the government revised their view on education. Results, were effective and more financial assistance was provided for schools and a rule thumb of basic skills every child should learn before moving to next level was instrumented. One of this biggest disadvantages for Industrial Organizational Psychology is that it misunderstood and not used because of lack of knowledge.
The most important source of law governing industrial relations is ‘legislation’ which is enacted by Parliament. Legislation can allow a Minister or a statutory body to issue Codes of Practice (CoP), most relevant CoP are issued by ACAS, Equality, Human Rights Commission, Information Commission and the Secretary of State. In the UK our case law approach means that we are bound by the decisions of judges in higher courts however UK courts must follow the decisions and guidance given by the Court of Justice of the European Union as European Law does take precedence over Domestic law.
The literature to be utilized for this preliminary assessment will include a review of the history behind this employment law policy. Proceeding will be an evaluation of the political context of the proposed regulation, in an effort to gain an understanding of where the proposal stands with public proponents and oppositionist. This assessment of the political context also lends itself to be followed by an analysis of where the policy currently stands within the legislative
The impact of having resources was huge, it made a difference to the state of Michigan and the American society in general. People back in this era were not used to everything being mobilized, as the way it was becoming. New products were being produced, automobiles were being made, there was now vehicles, tanks, planes and a lot more resources for the war. This strengthened our fight in the war and gave us easier access to anything and everything. This changed the way society lived by developing a new era and mobilizing everything; it was a new time.
The ‘objective’ of labour law, in our common understanding of the subject, is grounded in securing ‘justice’ for employees (or workers) in their formal working lives. The assumption that there is an imbalance of power in regards to the relationship between employers and their employee has been established over a significant period of time. With companies acquiring large amounts of funds and expanding themselves on a global scale, those who hold managerial positions are becoming more and more inclined to use their new found ‘power’ in a way which houses the potential to exploit the employees who are seen to have less of an influence (in comparison with large profit maximising enterprises). It is for this reason that regulation of the employment relationship between these two parties ought to be properly regulated, as a means to ensure that companies do not take advantage of their employees, a position which has been emphasised by law scholar Sir Otto Kahn-Freund, who has articulated that “the main object of labour law has always been, and I venture to say will always be, to be a countervailing
There are also more issues for the employees. Like the second passage states, the employees hours