engagement of labors and labor & other construction related laws

notes of PPLE as per PTU

1. Professional Practice, Law & Ethics Engagement of labour and labour& other construction related laws SHUBHAM SHARMA Department of civil engineering BGIET, SANGRUR

2. Role of labour in civil engineering Labour plays a crucial role in civil engineering projects. In fact, the success of a civil engineering project often depends on the quality and efficiency of the labour force. Here are some ways in which labour contributes to civil engineering projects: Construction: Construction work in civil engineering projects requires skilled and unskilled labourers who are responsible for carrying out various tasks such as excavation, laying foundations, erecting structures, and installing electrical and plumbing systems. Skilled labourers such as carpenters, electricians, plumbers, and welders are essential for the success of these projects. Safety: The safety of a civil engineering project is a top priority, and labourers play a crucial role in ensuring that safety protocols are followed. They are responsible for maintaining a safe work environment by wearing the appropriate personal protective equipment (PPE), adhering to safety guidelines, and reporting any hazards or unsafe conditions.

3. Project management: Labourers are often involved in project management tasks such as scheduling, cost estimation, and resource allocation. They work closely with project managers to ensure that the project is completed on time, within budget, and to the required quality standards. Quality control: Labourers are responsible for ensuring that the work they perform meets the required quality standards. They carry out inspections, tests, and measurements to identify and rectify any defects or issues. Overall, labour is an integral part of civil engineering projects, and their contributions are essential for the successful completion of these projects.

4. METHODS OF ENGAGING LABOURS On-Rolls :- Labour is being hired and has given to work in the field. These labours may be permanent or may not be permanent. No one can force him to work on a particular day i.e. the day when he wants to be absent. There is a muster roll for attendance of labours. According to this muster roll their attendance is calculated and being paid by the contractor. In Punjab the wage of on-roll labour is around 500 rupees per day. Sub-contract :- In this type, a person (may be a contractor) hired the main leader of the labours and the labour leader select the workers or labours for certain period of time. During this time these labours are being treated as permanent labour. These labours are not paid on daily basis. A lump-sum amount is being given to the leader. The leader distributed the amount among the labours according to their attendance. In this process work load is decreased for the main contractor. This method allows the company to save on overhead costs and avoid the administrative burden of managing a large workforce.

5. Piece rate work :- In this category the labours are being paid on the performance but not on the basis of time spent by them at work place. Piece rate system was introduced in the year 1963. For a piece, rate is being fixed and the amount paid to the labour is directly proportional to the number of piece the person formed/constructed. e.g.:- The amount paid to the brick laying person is directly proportional to the number of bricks that he laid. Over time is also paid to these labours. This method is commonly used in manufacturing, where workers are paid for each item they produce. The advantage of this method is that it provides an incentive for workers to produce more, resulting in higher productivity. In summary, the method of engaging labour that a company chooses depends on their specific needs and the type of work involved. Labor-on rolls provide long-term stability, labour sub-contracting offers flexibility and cost savings, while piece rate work incentivizes workers to produce more.

6. The Industrial Disputes Act, 1947 The Industrial Disputes Act, 1947, is an important labour law in India that aims to provide a legal framework for the resolution of industrial disputes and the regulation of labour-management relations. It was enacted to maintain industrial peace and promote harmonious relations between employers and employees. Here are key aspects of the Industrial Disputes Act, 1947. Scope : The Act applies to all industrial establishments and covers both organized and unorganized labour sectors, including factories, mines, plantations, and other industrial enterprises. Definition of Industrial Dispute : The Act defines an industrial dispute as any conflict or difference between employers and employees, or between employees and employees, or between employers and employers, which is connected with the employment or non-employment or the terms of employment of any person. Trade Unions : The Act recognizes and regulates trade unions, allowing workers to form and join these organizations for the protection of their rights and interests.

7. Layoff and Retrenchment: The Act provides provisions related to the layoff and retrenchment of workers, including the conditions under which these actions can be taken and the compensation to be provided to workers. Strikes and Lockouts: The Act regulates strikes and lockouts, including requirements for notice, cooling-off periods, and the legal conditions for initiating these actions. Settlements and Awards: The Act allows for the settlement of disputes through conciliation, arbitration, or adjudication. Awards issued by labour courts or industrial tribunals are legally binding. Grievance Redressal: The Act promotes the establishment of works committees and grievance redressal procedures to facilitate communication and dispute resolution at the workplace.

8. Authorities Under the Act : Conciliation Officers: They are responsible for facilitating the process of conciliation to resolve disputes. Labor Courts and Industrial Tribunals: These bodies have the authority to adjudicate and pass awards on industrial disputes. Board of Conciliation: A Board of Conciliation may be appointed by the appropriate government to settle disputes. Legal Protections: The Act provides protections for employees against unfair dismissal and lays out conditions for the lawful termination of employment. Amendments: The Industrial Disputes Act has seen several amendments over the years to adapt to changing labour and economic conditions.

9. Collective bargaining Collective bargaining is the process by which employers and employees, through their representatives, negotiate and reach agreements on the terms and conditions of employment. The negotiation usually covers issues such as wages, hours of work, benefits, job security, and working conditions. Collective bargaining involves two parties: the employer and the labour union representing the employees. The union acts as the representative of the employees in the negotiations and is responsible for advocating for their interests. The employer, on the other hand, represents the interests of the organization and its shareholders. The goal of collective bargaining is to reach a mutually acceptable agreement that is beneficial to both parties. The negotiation process can take place on a company-wide or industry-wide level, and it often involves extensive discussions, proposals, counter-proposals, and compromises. Collective bargaining has been recognized as a fundamental right for workers by international organizations such as the International Labour Organization (ILO). It is seen as a means to promote social justice and to ensure that workers receive fair compensation and working conditions.

10. The Industrial Employment (Standing Orders) Act, 1946 The Industrial Employment (Standing Orders) Act, 1946, is an important labour law in India that provides a framework for defining the terms and conditions of employment in industrial establishments. The primary objective of this Act is to promote industrial peace and harmonious labour relations by specifying the employment conditions, rules, and regulations that govern workers in various industries. Here are key features of the Industrial Employment (Standing Orders) Act, 1946: Scope: The Act applies to industrial establishments, including factories and other organizations engaged in industrial activities. It covers both organized and unorganized labour sectors. Standing Orders: "Standing orders" refer to the rules and regulations that define the terms and conditions of employment for workers in an industrial establishment. These orders are formulated and approved under the Act.

11. Key Provisions: Definition of Terms: The Act provides definitions for important terms related to employment, including "workman," "employer," and "standing orders. Submission and Certification: Employers are required to draft standing orders that include details about work timings, shifts, holidays, wage payment, leave, disciplinary procedures, and other employment-related matters. Certification of Standing Orders: The standing orders prepared by the employer must be submitted to the appropriate government authority for certification. The government authority reviews the orders to ensure they comply with the Act. Modification of Standing Orders: Once certified, any modification to the standing orders requires the approval of the appropriate government authority. Posting of Standing Orders: Certified standing orders must be conspicuously posted at the workplace for the information of workers. Legal Protections: The Act provides legal protections for workers by ensuring that employment terms and conditions are clearly defined and agreed upon. This minimizes disputes and grievances between employers and employees.

12. Disciplinary Actions: The Act prescribes disciplinary procedures and penalties that an employer may impose in cases of employee misconduct or violation of standing orders. Grievance Redressal: In situations where workers have grievances or disputes, the Act provides a framework for the redressal of such issues. Applicability of Standing Orders: Certified standing orders are applicable to all workmen in the establishment, and they ensure that there is uniformity in the terms and conditions of employment. The Industrial Employment (Standing Orders) Act, 1946, contributes to the orderly conduct of labour relations and fosters transparency and fairness in employment practices. It is a fundamental piece of labour legislation in India that plays a role in promoting industrial peace and the protection of workers' rights.

13. The Workmen's Compensation Act,1923 The Workmen's Compensation Act,1923 (now known as the Employee's Compensation Act, 1923), is a significant labour law in India. It provides for the payment of compensation to employees, referred to as "workmen" under the Act, in the event of work-related injuries, disabilities, or fatalities. Here's a detailed explanation of the Act along with key sections: Title: The Act is officially titled the "Workmen's Compensation Act, 1923," and it is now commonly referred to as the "Employee's Compensation Act, 1923.“ Scope: The Act applies to all industrial establishments, including factories, mines, plantations, and certain non-industrial establishments where specified hazardous work is conducted.

14. Section 2 - Definitions: "Workman" - A person employed in an industrial establishment who falls under the definition of the Act. "Employer" - The person or entity responsible for employing workmen. "Wages" - The remuneration paid or payable to the workman. "Disablement" - Any loss of bodily function or structure. Section 3 - Employer's Liability for Compensation: This section places the liability on the employer to pay compensation to the workman in case of injury, disability, or death resulting from an accident arising out of and during the course of employment. Section 4 - Amount of Compensation: This section outlines the compensation amounts payable to workmen for scheduled and non-scheduled injuries. Compensation is specified for: Permanent total disablement, Permanent partial disablement, Temporary disablement, Fatal injuries

15. Section 5 - Compensation to Be Paid When Due and Penalty for Delay: This section specifies the time frame within which compensation must be paid and prescribes penalties for delayed payments. Section 6 - Notice and Knowledge of Accident: This section requires workmen or their dependents to give notice of the injury to the employer as soon as possible. It also deals with the employer's responsibilities in the event of an accident. Section 10 - Dependency: This section outlines who qualifies as dependents and the order of precedence in which compensation is payable to dependents in the case of a fatal accident. Section 10A - Distribution of Compensation: This section deals with the distribution of compensation among the dependents of a deceased workman.

16. Section 20 - Notice of Accident or Occupational Disease: This section mandates the reporting of accidents and occupational diseases to the employer and prescribes the procedure for notifying the appropriate government authority. Section 30 - Rules: This section empowers the appropriate government to make rules for carrying out the provisions of the Act. Section 39 - Exemptions: This section allows the appropriate government to exempt certain classes of workmen or employers from the Act under specific conditions. The Workmen's Compensation Act, 1923, plays a crucial role in protecting the interests of workmen and providing financial support in the event of work-related accidents and fatalities. It aims to ensure the welfare and financial security of employees and their dependents while promoting safety and fairness in employment practices.

17. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 BOCW Act contains several provisions aimed at regulating the employment and conditions of service for construction workers in India. Here are the major provisions of the BOCW Act explained in detail: Definition of Building and Other Construction Workers (Section 2): The Act defines "building and other construction workers" as those employed directly or indirectly in building and construction work, including maintenance work. This definition is critical for determining who is eligible for the benefits and protections under the Act. Establishment of Welfare Boards (Section 18): The Act mandates the formation of Building and Other Construction Workers' Welfare Boards in each state and union territory. These boards are responsible for implementing the provisions of the Act and providing welfare measures to registered construction workers. They have powers to frame policies, manage the welfare fund, and coordinate various activities for the benefit of construction workers.

18. Registration of Workers (Section 12): Construction workers are required to register themselves with the Welfare Board to access the benefits and services provided under the Act. The Act outlines the process and requirements for registration. Welfare Measures (Section 22): The Act outlines various welfare measures, including financial assistance, maternity benefits, housing, medical expenses, and educational assistance. These measures are designed to improve the overall well-being of registered construction workers and their families. Safety and Health Measures (Section 38): Provisions are made for safety and health measures at construction sites. This includes the provision of safety equipment, first-aid facilities, and steps to prevent accidents and injuries. Safety is a crucial aspect of the Act to protect the lives and well-being of construction workers. Employer's Responsibility (Section 40): Employers in the construction sector are obligated to register with the Welfare Board, maintain records of the construction workers employed, and contribute to the welfare fund. Their financial contributions help finance the welfare measures provided to construction workers.

19. Cess (Levy) (Section 3): The Act allows for the collection of a cess (levy) on the cost of construction. This cess is collected by the appropriate government and is utilized to finance the welfare measures and benefits for construction workers, as well as for the administrative expenses of the Welfare Board. Penalties and Offenses (Section 47): The Act prescribes penalties for non-compliance with its provisions. Employers failing to register workers, maintain records, or contribute to the welfare fund can face fines and legal action. Powers and Duties of Welfare Boards (Section 19): The Welfare Boards have specific responsibilities, including registering construction workers, collecting cess, and providing the benefits outlined in the Act. They have the authority to take necessary measures to carry out these functions. Bar of Other Claims (Section 42): The Act restricts construction workers or their dependents from making claims under the Act if a suit for damages in a civil court is pending. This provision helps streamline the process of seeking compensation.

20. Exemptions (Section 38A): The appropriate government can exempt certain classes of workers or employers from the provisions of the Act under specific conditions. These exemptions are provided based on the unique circumstances of particular cases. T he BOCW Act is a comprehensive legislation that aims to protect and improve the welfare and working conditions of construction workers in India. It establishes a legal framework for registration, welfare measures, safety regulations, and the overall betterment of working conditions in the construction sector.

21. RERA ACT-2017 The Real Estate (Regulation and Development) Act, 2016 (RERA), came into effect in India in 2017. This significant legislation was enacted to regulate the real estate sector and protect the interests of homebuyers. Here are some key aspects of the RERA Act 2017: Section 2 - Definitions: This section defines various terms used throughout the Act, such as "apartment," "promoter,“ "real estate agent," "project," "regulatory authority," and more. Regulatory Authority: Each Indian state and Union Territory is required to establish a Real Estate Regulatory Authority (RERA) to oversee the real estate sector. This authority is responsible for implementing and enforcing the provisions of the Act within its jurisdiction. Section 3 - Registration of Real Estate Agents and Projects: This section mandates that real estate developers or promoters must register their projects with the regulatory authority before advertising or selling. Developers are required to provide detailed project information, including approvals, financial disclosures, project plans, and estimated completion time.

22. Section 4 - Obligations of Promoter: This section outlines the responsibilities and obligations of the developer, including adhering to project timelines, using funds only for the project, and rectifying structural defects after possession. Section 8 - Real Estate Agents: This section deals with the registration and obligations of real estate agents. It makes it mandatory for agents to register themselves with the regulatory authority to facilitate property transactions. Section 12 - Obligations of the Builder During Construction: Builders must maintain a separate bank account for each project and deposit a specified percentage of funds received from buyers into this account to cover construction costs. This section ensures that funds collected for a specific project are utilized for that project's development. Section 18 - Adherence to Approved Plans and Project Specifications: Developers must adhere to the approved project plans and specifications, and any changes must be approved by the regulatory authority.

23. Section 20 - Registration of Real Estate Projects: This section outlines the procedure for project registration and the information to be provided to the regulatory authority. Section 31 - Authority and Appellate Tribunal: Recovery of Interest or Penalty or Compensation and Enforcement of Orders of Regulatory This section deals with the recovery of interest, penalties, or compensation and the enforcement of orders issued by the regulatory authority and appellate tribunal. Section 88 - Penalty for False Information: Any person providing false information to the regulatory authority is liable to a penalty. False information may relate to project details, financial information, or any other data required under the Act. The Real Estate (Regulation and Development) Act, 2016, was introduced to address the challenges and concerns in the real estate industry, particularly related to project delays, quality, transparency, and protecting the rights of homebuyers. It has had a significant impact on the real estate sector in India, making it more accountable and consumer-friendly. Each state in India may have slightly different rules and regulations, but the core principles of the RERA Act remain consistent across the country.

24. NBC ACT -2017 The National Building Code of India (NBC) is a comprehensive set of guidelines and standards for the construction and design of buildings in India. It is a critical document that aims to ensure the safety and quality of construction across the country. The NBC covers various aspects of building construction, including structural design, fire safety, accessibility, sustainability, and more. The code is updated periodically to align with advancements in construction technology and to address emerging challenges in the building industry. The National Building Code of India covers a wide range of topics, and it provides detailed guidelines and standards for: Part 1 – Administration Part 2 - Development Control Rules and General Building Requirements Part 3 - Building Materials Part 4 - Structural Design: Standards for the structural design of buildings to ensure their safety and stability.

25. Part 5 - Building and Plumbing Services Part 6 - Fire and Life Safety Part 7 - Building Sustainability and Environmental Concerns Part 8 - Safety of Structures against Hazards Part 9 - Building Transportation Services Part 10 - Accessibility: Provisions for ensuring that buildings are accessible to all, including people with disability. The National Building Code of India is an essential reference for architects, engineers, builders, government agencies, and anyone involved in the construction industry. It helps ensure that buildings are constructed to high standards of safety, quality, and sustainability, which is critical for the well-being of occupants and the development of the built environment in India. The code is periodically updated to reflect changes in building practices and technology. It's important to refer to the most current version for compliance and guidance in construction projects.

26. THANKYOU