Exam Oriented Book – OU 3LLB 4th Semester
Note- These questions are updated annually, unit-wise, to make your exam preparation easier. Best of luck!
Unit-I: The Remunerative Aspects
Syllabus: The Remunerative Aspects – Wages – Concepts of wages – Minimum, Fair, Living Wages – Wage and Industrial Policies – Whitley Commission Recommendations – Provisions of Code on wages, 2019 – Timely payment of wages – Authorized deductions – Claims – Minimum Wages under the code of wages, 2019 – Definitions – Types of wages – Minimum rates of wages – Procedure for fixing and revising Minimum Wages – Claims – Remedy.
6 Mark Important Questions
- Living Wages
- Whitley Commission Recommendations
- Dearness Allowance
15 Mark Important Questions
- Why include the Whitley Commission’s Recommendations on Wages?
- Discuss the concept of “wages” under the Code on Wages, 2019 and the benefits attached under the Payment of Wages Act, 1936.
- What is a minimum wage? Bring out the difference between Fair Wage and Need-based Minimum Wage.
- What are Minimum Wages? Explain the procedure for fixation and revision of Minimum Wages.
- Define wages and write the salient provisions of the Payment of Wages Act, 1936.
Unit-II: Bonus
Syllabus: Bonus – concept – Right to claim Bonus – Full Bench formula – Bonus Commission – Payment of Bonus under the code on wages, 2019 – Application – Computation of gross profit, available, allocable surplus – Eligibility of Bonus – Disqualification of Bonus – set on – set off of allocable surplus – Minimum and Maximum Bonus – Recovery of Bonus.
6 Mark Important Questions
- Bonus
- Full Bench Formula
- Set-on and Set-off
- Eligibility of Bonus
- Recovery of Bonus
15 Mark Important Questions
- Explain the concept of Bonus with Set-on and set-off of allocable surplus.
Unit-III: Employees Security and Welfare aspect
Syllabus: Social Security – Concept and meaning – Social Insurance – Social Assistance Schemes. Social Security Legislations – Law relating to workmen’s compensation – The Employee’s Compensation Act 1923 – Definitions – Employer’s liability for compensation – Nexus between injury and employment – payment of compensation – penalty for default – Employees State Insurance Act 1948 – Application – Benefits under the Act – Adjudication of disputes and claims – ESI Corporation – Legislation in favour of Social Security.
6 Mark Important Questions
- Social Security Legislation
- Social Assistance Schemes / Social Assistance
- Social Insurance
- Employer’s liability for compensation
- Occupational Diseases
- ESI Corporation
- Unorganized Sector
15 Mark Important Questions
- Explain the salient provisions of the “Employee’s Compensation Act 1923”.
- State the employer’s liability for compensation under the Employee’s Compensation Act, 1923.
- Explain the benefits available to employees under the Employees State Insurance Act, 1948.
Unit-IV: Provident Fund, Maternity Benefit & Gratuity
Syllabus: Employees Provident Fund and Miscellaneous Provisions Act 1952 – Contributions – Schemes under the Act – Benefits. The Maternity Benefit including Amendment Act, 2018 – Definitions – Application – Benefits. The Payment of Gratuity Act 1972 – Definitions – application – Payment of gratuity – eligibility – forfeiture – Nomination – Controlling authorities.
6 Mark Important Questions
- Gratuity / Payment of Gratuity
- Maternity Benefit
15 Mark Important Questions
- Define Gratuity and discuss its calculation and payment under the Payment of Gratuity Act, 1972.
- Explain the scope and importance of Employees Provident Fund and Miscellaneous Provisions Act, 1952.
- Discuss the salient provisions of the Payment of Gratuity Act, 1972.
Unit-V: Factories, Child Labour & Equal Remuneration
Syllabus: The Factories Act 1948 – Chapters dealing with Health, Safety and Welfare of Labour. Child Labour – Rights of child and the Indian Constitution – Salient features of the Child Labour (Prohibition and Regulation) Act 1986 – The Equal Remuneration Act, 1976.
6 Mark Important Questions
- Welfare of Labour
- Child Labour
- Equal Remuneration
15 Mark Important Questions
- Explain the Provisions relating to Health, Safety and welfare of Labour under the Factories Act 1948.
- Explain the law relating to child labour in India with the help of decided cases.
- Write a note on the concept of “Equal Pay for Equal Work” and the law relating to gender discrimination in employment.
- Write a note on the Equal Remuneration Act, 1976 with the help of decided cases.
Other IMP Topics
- Industrial Disputes Code, 2020
- Retrenchment
- Industrial Tribunal
10 Mark Labour Law2 IMP Questions
- Explain the procedure for retrenchment of a workman as per the Industrial Disputes Act, 1947 accounting your answer with relevant case laws. Discuss the exceptions to the rule of retrenchment.
- Whether a contract worker can claim permanency in employment? Explain with relevant case law.
- The management of Prasad Industries Ltd. has terminated the services of Faculty, citing “loss of confidence” without conducting any domestic enquiry. Discuss the validity of such termination.
- An industrial establishment employing 1500 industrial workers from January 2023. The employer granted confirmation of standing orders. Discuss the legal provisions.
- “X”, a driver, while driving a truck, sustains injuries in an accident. Because of the accident, he loses the use of his right hand completely. The commissioner for Workmen’s Compensation decides that this is “Partial Disablement”. “X” desires to challenge this decision. Advise him.
- E.S.I. Corporation uses its funds in the construction of residential quarters for doctors and nurses. One of the E.S.I. contributors objects the use of the said amount, as it is not for ESI purposes. Is it valid? Decide.
- A worker employed in a Factory died by accident while in service before completion of two years of his employment. His widow claimed gratuity from the employer. The employer refused to pay the same on the ground that the employee has died before completion of two years of continuous service. Decide whether gratuity is payable.
- The employer has refused to pay minimum wage on the ground that he is not earning any profits. Is this contention of the employer valid under Minimum Wages Act. Decide.
- The workers of an establishment are paid with food grains in lieu of wages in cash. The workers are not willing to receive the food grain supplied by the employer. They claim for wages in cash. Decide.
- A women worker is terminated from services when she applied for maternity leave. She wants to challenge the termination. Advise her.
- A workman who is returning from work in the transport provided by the employer, hit a rabbit crossing the road, met an accident and died. His widow filed for compensation. Decide.
- There is an agreement between the employer of an establishment and his workers that they should not have Provident Fund deduction by both the parties. Discuss the validity of the agreement.
- A woman worker is terminated from services for refusal to do the night shift work in a factory. Advise her.
- An employee agreed to work for less than statutory minimum wage with his employer. But after some time the worker claimed for minimum wages payable to him. Decide.
- A child below 14 years of age is engaged as a domestic servant in a household for a meager wage without any holiday. Decide.
- A worker while working in the office suffered heart attack and died. The legal heirs of workman claimed compensation under the Employee’s Compensation Act. Decide.
For Easy OU LLB Semester Exams Preparation, We Sell All-in-One Printed book & Online notes, It will cover
- Notes- Unit-wise All 4th Sem Subjects
- PYQs- Unit Wise All 4th Sem Subjects
- Model Answers to 10 Mark Case Law Questions
- Revision Material for last-minute revision