SYNOPSIS ON EMPLOYERS LIABILITIES

IN LABOUR LAWS

LABOUR LAW SYNOPSIS

STATEMENT OF PROBLEM
Employment is a relationship between two parties, usually based on a contract, one being the
employer and the other being the employee. With the increasing population and globalization the
world has been seeing the changing trends and knows about the need of employment.
Employment is a generic term or umbrella covering many things. Contract of labour or legally
so-called contract of service come to be a fragment under this generic attribute - employment.
The laws which govern employment occupy a position of considerable importance in any
modern society. This is so because of the tremendous contribution which workers can make to
national growth and development as well as general well-being of the nation's citizenry. The aim
of this research is to find out the liabilities of the employer towards its employees and to aware
the employees about their rights and to study the legislations formed to govern these employer
employee relations.
ABSTRACT
The laws which govern employment occupy a position of considerable importance in any
modern society. This is so because of the tremendous contribution which workers can make to
national growth and development as well as general well-being of the nation's citizenry. Labour
law has a vital role to play in the mobilization of the work force for national growth and
development.
The Constitution itself seeks to ensure that the workers are able to participate fully in the
economic, political and social development of the nation. Thus, it is the duty and responsibility
of government and all authorities and persons exercising legislative, executive and judicial
powers to conform to, observe and apply the section of the Constitution.
This research aims at identifying the issues related to employers liability and the loop holes in
the legislations enacted in this regard.
IDENTIFICATION OF ISSUES
The main issues which this research focuses on the liabilities of the employer .The principle of
employer liability systems , workers are usually protected through labour codes whereby
affected Employers are required to provide specified payments or services directly to their
employees , such as payment of lump sum gratuities, to the aged or the disabled, provision of
medical care , paid sick leave,. or both, payment of maternity benefits or family allowances ;
provision of temporary or long term cash benefits and medical care in the case of work injury;
or payment of severance indemnities, in the case of dismissal. This research focuses on
identifying the problems faced by the employees and helps them know about their rights.

OBJECTIVE AND SCOPE OF RESEARCH

The objective of research is to study the liabilities of employer towards its employees and scope
of research is to identify the loopholes in the laws enacted towards the betterment of employees
and labour forces to let the labour know about their rights and the legal obligations which the
employer is liable to fulfill.
RESEARCH METHODOLOGY ADOPTED
Literature review is the main research methodology used in this research. Primary sources are
the origin of information under study, fundamental documents relating to a employers liabilities.
Secondary sources are documents or recordings that relate to or discuss information originally
presented elsewhere these sources were also used in completion of the research..
PROBABLE OUTCOME
The fundamental issues which touch and concern contract of service are rights and duties which
it provides. They are so important that they must be provided for. The protection can be made
either by subjecting the party who breaches the agreement to some penalties or some benefit to
the wronged party, and at times free the wronged party from further obligations and liabilities.
This is the concept of remedy: The servant or employee enjoys more remedies under the law than
the master. This is largely so because the servant, being the weak party, needs more protection
than the employer. Hence, he is entitled to the following remedies when his rights are infringed.
Thus the employee must be made aware of his rights and the benefits he is entitled for.

CHAPTERISATION
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Introduction
Who is an employer and employee
Liabilities of employer
Legislations governing liabilities of employer
Reforms to be made
Conclusion
Bibliography

SURVEY OF EXISTING LITERATURE

Round Table Conference Report India International Centre, New Delhi October 2008 on
employers liabilities.
Employers liabilities act 1938.