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Advocate Radha Raman Roy

Advocate Radha Raman Roy

Patna, India

Free Consultation: 15 mins


Founded in 1987
10 people in their team
Advocate Radha Raman Roy, the best lawyer in Patna, is renowned for his over 35 years of experience in criminal, divorce, property, matrimonial,...
English
Hindi

About Labor Law in Patna, India

Labour laws in Patna, like the rest of India, fall within the scope of the Constitution of India. They primarily aim to uphold the dignity of labor and ensure fair treatment to workers in every industry. These laws are designed to protect the rights and interests of workers, regulate employment conditions, and provide social security and welfare measures. The key labor laws include The Factories Act 1948, the Minimum Wages Act 1948, the Contract Labour (Regulation and Abolition) Act 1970, The Employees’ Provident Funds and Miscellaneous Provisions Act 1952, among many others.

Why You May Need a Lawyer

Legal aid may be required in cases of illegal labor practices, such as underpayment, overwork, wrongfully termination, or discrimination. A lawyer will help represent the interests of workers and ensure that their rights under the Labour Laws are enforced. Additionally, business owners may need a lawyer to ensure their businesses remain compliant with all local labor laws and regulations to avoid any legal issues.

Local Laws Overview

The labor laws in Patna are largely similar to those across India, but the enforcement and implementation may vary. Some important labor law considerations in Patna include adherence to national and local minimum wage standards, ensuring healthy and safe work conditions, providing compensation for injuries or accidents incurred at the workplace, and upholding the principles of equal pay for equal work. Furthermore, employers are required to provide benefits like Provident Funds, Employee State Insurance, and Gratuity as per the law.

Frequently Asked Questions

What are the working hours under Labour laws in Patna?

The standard working hours for adult workers are 9 hours a day and 48 hours a week as set down in the Factories Act, 1948. However, these hours may vary in certain industries and sectors.

Can an employer fire a worker without a valid reason?

Termination without valid cause or due procedure, often known as wrongful dismissal, is in violation of the Industrial Disputes Act, 1947 and could result in legal action against the employer.

What is the minimum wage in Patna?

The minimum wage varies depending on the nature of work, skills required, and region. The Bihar government periodically adjusts and publishes the minimum wage rates.

What benefits are workers entitled to under the Labour laws?

Workers are entitled to a range of benefits, such as minimum wage, overtime pay, holidays, leave, safe and healthy working conditions, and insurance benefits under the Employee State Insurance Act, 1948.

What actions can be taken if an employer doesn’t pay the minimum wage?

If an employer defaults on paying the minimum wage, a complaint can be filed with the local labor department or a case can be raised in a labor court.

Do these laws also apply to contract workers?

Yes, contract workers are also covered by Indian labor laws, and their rights are safeguarded under the Contract Labour (Regulation and Abolition) Act, 1970.

What is the role of trade unions in labor disputes?

Trade unions play a pivotal role in representing the collective interests of workers, bargaining for better working conditions and wages, and mediating labor disputes with employers.

What is the process to form a trade union?

As per the Trade Unions Act, 1926, any seven or more members of a trade can apply for registration of a Trade Union.

Can a worker be forced to work overtime?

No, forcing a worker to work overtime without their consent and without paying overtime wages constitutes a violation of Indian labor laws.

Is it mandatory for employers to ensure safety measures at the workplace?

Yes, under the provisions of the Factories Act, 1948, it is mandatory for employers to ensure safe and healthy working conditions at the workplace.

Additional Resources

The Ministry of Labour and Employment serves as a comprehensive resource on labor laws and regulations. In addition, the Department of Labour, Government of Bihar, and the Patna High Court website can provide localised information regarding labor law in Patna. In addition, India's official governmental portal, 'India.gov.in', is a significant resource for public information, notifications, and updates on Labour Law matters.

Next Steps

If you require legal assistance in a matter related to labor law, it is advisable to seek help from a lawyer experienced in this field. Note down all the relevant facts and events related to your case, keep a record of any documentary evidence, and approach a labor law firm or an independent labor lawyer who can guide you through the legal process in Patna, India.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.