Labour Law MCQ Quiz - Objective Question with Answer for Labour Law - Download Free PDF

The correct answer is '6 months'

Key Points

• Marginal worker in India:
  • A marginal worker is defined by the Census of India as a person who works for less than 183 days in a year, which translates to less than 6 months.
  • Such workers are typically engaged in seasonal or temporary employment, often in agriculture, construction, or other informal sectors.
  • They are distinct from main workers, who work for 183 days or more in a year.

Additional Information

• Incorrect Options:
  • Option 1 (9 months): This is incorrect because the Census does not define marginal workers based on working for 9 months or more. Workers who engage in employment for such a period are considered main workers.
  • Option 3 (8 months): This is also incorrect because the threshold defined by the Census is specifically less than 6 months, not 8 months.
  • Option 4 (7 months): Similarly, 7 months does not align with the Census definition of marginal workers, which is based on working for less than 183 days (6 months) in a year.
  • Option 5 (2 months): While 2 months falls under the category of working less than 6 months, the Census uses the specific figure of 183 days (6 months) as the cutoff point to distinguish marginal workers from main workers.
• Relevance of the Marginal Worker Classification:
  • This classification helps in understanding the employment patterns in India, particularly in rural areas where seasonal work is common.
  • It highlights the precarious nature of employment for a significant portion of the population, which is vital for policy-making and welfare programs.

• Phase 1: Some provisions of the Act came into force on 18 December 2020. These provisions included the formation of new wage boards, the establishment of a centralized wage portal, and the introduction of a new minimum wage calculation formula.
• Phase 2: The remaining provisions of the Act came into force on 1 July 2021. These provisions included the consolidation of four labour laws into a single code, the rationalization of overtime pay rules, and the introduction of a new system for resolving industrial disputes.

The correct answer is Option 1.

Key Points

• The term "sabbatical" is connected to the Sabbath, a day of rest in the Bible. The word "sabbatical" comes from the Greek word sabbaton, which comes from the Hebrew word shabbāth, meaning "rest".
• Sabbatical leave is a break from work, allowing employees to pursue interests such as traveling, writing, research, or volunteering. During this period, employees remain part of their organization but are exempt from regular duties.

The correct answer is Option 2.

Key Points

• To close down a factory in India, the occupier (employer) must provide at least 60 days' notice to the appropriate authorities before the intended closure, according to Section 25FFA of the Industrial Disputes Act, 1947.
• This notice is mandatory when the closure affects:
  • A factory employing 50 or more workers.
  • A mining or plantation establishment.
• If the factory employs less than 50 workers, there is no requirement to provide notice for closure.

The correct answer is Option 3.

Key Points

• Section 25 C of the Industrial Disputes Act, 1947 provided that Whenever a workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off:
  • Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer:
  • Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment.
• Explanation.--"Badli workman" means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment.]]

The correct answer is option 1 i.e. One of the independent members of the Board.

Central Advisory Board - 

• For the purpose of advising the Central and state governments in the matters of the fixation and revision of minimum rates of wages and other matters under section 8 of Minimum wage Act and for coordinating the work of the Advisory Board, the Central Government shall appoint a Central Advisory Board.
• The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in SCHEDULE employment, who shall be equal in number.
• An independent person not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government. Hence option 1 is correct.
• The Union Cabinet has approved the Wage Code Bill 2019, which raised the national minimum wage by Rs. 2 to Rs. 178 per day but the internal labour ministry committee recommended a much higher amount of Rs. 375.

The correct answer is 26 weeks.

Key Points

• Maternity Benefits Bill, 2016
  • It is an amendment to the Maternity Benefit Act of 1961.
  • It was passed in Rajya Sabha in 2016 and in Lok Sabha in 2017.
  • The Act protects the employment of women during the time of their maternity and entitles maternity benefits.
  • A maternity benefit is a fully paid absence from work to take care of her child.
  • It is applicable to all establishments employing ten or more persons.
  • Even establishments having 50 or more employees are also required to provide creche facilities.
  • Parliament has passed Maternity Benefits Bill, 2016, to raise maternity leave for working women from 12 weeks to 26 weeks.
  • Maternity leave for adoptive and commissioning mothers is 12 weeks.

Additional Information

• Eligibility for maternity benefits
  • A woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months.
  • The payment during the leave is based on the average daily wage for the time of actual absence.

The correct answer is '6 months'

Key Points

• Marginal worker in India:
  • A marginal worker is defined by the Census of India as a person who works for less than 183 days in a year, which translates to less than 6 months.
  • Such workers are typically engaged in seasonal or temporary employment, often in agriculture, construction, or other informal sectors.
  • They are distinct from main workers, who work for 183 days or more in a year.

Additional Information

• Incorrect Options:
  • Option 1 (9 months): This is incorrect because the Census does not define marginal workers based on working for 9 months or more. Workers who engage in employment for such a period are considered main workers.
  • Option 3 (8 months): This is also incorrect because the threshold defined by the Census is specifically less than 6 months, not 8 months.
  • Option 4 (7 months): Similarly, 7 months does not align with the Census definition of marginal workers, which is based on working for less than 183 days (6 months) in a year.
  • Option 5 (2 months): While 2 months falls under the category of working less than 6 months, the Census uses the specific figure of 183 days (6 months) as the cutoff point to distinguish marginal workers from main workers.
• Relevance of the Marginal Worker Classification:
  • This classification helps in understanding the employment patterns in India, particularly in rural areas where seasonal work is common.
  • It highlights the precarious nature of employment for a significant portion of the population, which is vital for policy-making and welfare programs.

The correct answer is option 1 i.e. One of the independent members of the Board.

Central Advisory Board - 

• For the purpose of advising the Central and state governments in the matters of the fixation and revision of minimum rates of wages and other matters under section 8 of Minimum wage Act and for coordinating the work of the Advisory Board, the Central Government shall appoint a Central Advisory Board.
• The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in SCHEDULE employment, who shall be equal in number.
• An independent person not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government. Hence option 1 is correct.
• The Union Cabinet has approved the Wage Code Bill 2019, which raised the national minimum wage by Rs. 2 to Rs. 178 per day but the internal labour ministry committee recommended a much higher amount of Rs. 375.

The correct answer is More than thirty women workers.

Key Points

• In each manufacturing plant wherein more than thirty ladies workers are conventionally utilized there will be given and kept a reasonable room or space for the utilization of youngsters younger than six years of such ladies.
• The youngster according to the arrangement of the Industrial facilities Act, 1948 is characterized as a "kid" or "juvenile" (an individual who has finished 15 years old but has not finished 18 years old).
• The Industrial Facilities Act, of 1948 gives shields to laborers to safeguard their well-being, accommodates security at work while managing apparatus, works on the states of being of the working environment, and gives government assistance conveniences.

The correct answer is 'Section 2 (ii)'.

Key Points

• Child Labour (Prohibition and Regulation) Act, 1986 aims to eradicate any kind of child abuse in the form of employment.
• It prohibits the engagement of children in any kind of hazardous employment, who have not completed 14 years of age. 
• The section 2 of this act contains various definitions.
• Section 2 (ii) defines the term "Child".
• According to the section, "child" means a person who has not completed his fourteenth year of age.

Additional Information

The correct answer is 26 weeks.

Key Points

• Maternity Benefits Bill, 2016
  • It is an amendment to the Maternity Benefit Act of 1961.
  • It was passed in Rajya Sabha in 2016 and in Lok Sabha in 2017.
  • The Act protects the employment of women during the time of their maternity and entitles maternity benefits.
  • A maternity benefit is a fully paid absence from work to take care of her child.
  • It is applicable to all establishments employing ten or more persons.
  • Even establishments having 50 or more employees are also required to provide creche facilities.
  • Parliament has passed Maternity Benefits Bill, 2016, to raise maternity leave for working women from 12 weeks to 26 weeks.
  • Maternity leave for adoptive and commissioning mothers is 12 weeks.

Additional Information

• Eligibility for maternity benefits
  • A woman must have been working as an employee in an establishment for a period of at least 80 days within the past 12 months.
  • The payment during the leave is based on the average daily wage for the time of actual absence.

The correct answer is Both 1 and 2.

The correct answer is '6 months'

Key Points

• Marginal worker in India:
  • A marginal worker is defined by the Census of India as a person who works for less than 183 days in a year, which translates to less than 6 months.
  • Such workers are typically engaged in seasonal or temporary employment, often in agriculture, construction, or other informal sectors.
  • They are distinct from main workers, who work for 183 days or more in a year.

Additional Information

• Incorrect Options:
  • Option 1 (9 months): This is incorrect because the Census does not define marginal workers based on working for 9 months or more. Workers who engage in employment for such a period are considered main workers.
  • Option 3 (8 months): This is also incorrect because the threshold defined by the Census is specifically less than 6 months, not 8 months.
  • Option 4 (7 months): Similarly, 7 months does not align with the Census definition of marginal workers, which is based on working for less than 183 days (6 months) in a year.
  • Option 5 (2 months): While 2 months falls under the category of working less than 6 months, the Census uses the specific figure of 183 days (6 months) as the cutoff point to distinguish marginal workers from main workers.
• Relevance of the Marginal Worker Classification:
  • This classification helps in understanding the employment patterns in India, particularly in rural areas where seasonal work is common.
  • It highlights the precarious nature of employment for a significant portion of the population, which is vital for policy-making and welfare programs.

• Phase 1: Some provisions of the Act came into force on 18 December 2020. These provisions included the formation of new wage boards, the establishment of a centralized wage portal, and the introduction of a new minimum wage calculation formula.
• Phase 2: The remaining provisions of the Act came into force on 1 July 2021. These provisions included the consolidation of four labour laws into a single code, the rationalization of overtime pay rules, and the introduction of a new system for resolving industrial disputes.