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7th Semester Labour Law Syllabus

The document outlines the curriculum for the seventh semester of a law program, covering various subjects including Labour Law, Competition Law, Company Law, Law and Emerging Technology, Intellectual Property Rights, and Socio-Economic Offences. Each subject is divided into units that detail key topics, definitions, legal frameworks, and significant laws relevant to the field. The curriculum emphasizes the understanding of legal principles, case studies, and the application of law in various contexts.

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Vani Sharma
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61 views5 pages

7th Semester Labour Law Syllabus

The document outlines the curriculum for the seventh semester of a law program, covering various subjects including Labour Law, Competition Law, Company Law, Law and Emerging Technology, Intellectual Property Rights, and Socio-Economic Offences. Each subject is divided into units that detail key topics, definitions, legal frameworks, and significant laws relevant to the field. The curriculum emphasizes the understanding of legal principles, case studies, and the application of law in various contexts.

Uploaded by

Vani Sharma
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

SEVENTH SEMESTER

Labour Law –I
Unit-I: The Industrial Relations Code, 2020
A. Applicability
B. Features
C. Definitions
a. Appropriate Government
b. Employer
c. Employee
d. Worker
e. Industry
f. Industrial Dispute
g. Certifying Officer
h. Standing Order
i. Trade Union
D. Bi- Partite Forums (Chapter- II)
a. Work Committee (Section 3)
b. Grievance Redressal Committee (Section 4)
E. Trade Unions (Chapter- III) Sections 5 – 27
F. Standing Orders (Chapter IV)
a. Application of standing order and related provisions (Section 28-41)
b. Making of model standing orders by central government and temporary application
c. Preparation of draft standing orders by employers and procedure for certification Certifying officers and appellate
authority to have powers of civil courts
d. Appeals and evidence

Unit-II: The Industrial Relations Code, 2020


A. Voluntary reference of disputes to arbitration (Section 42)
a. Mechanism for resolution of industrial Disputes (Section 43) (Chapter VII)
B. Conciliation Office
C. Industrial Tribunal
D. National Industrial Tribunal
E. Procedure and powers of arbitrator, conciliation officer, tribunal and national industrial tribunal
a. Strike and Lockouts (Section 62-64) (Chapter VIII)
b. Lay- off, Retrenchment and closure (Section 65- 76)
F. Workers Re-skilling Fund (Section 83) (Chapter – XI)
a. Unfair labor practice (Section 84) (Chapter – XII)
b. Offences and penalties (Chapter – XIII)

Unit-III: Code on Wages, 2020


A. Applicability
B. Definitions
a. Workers
b. Wages
c. Minimum wages
d. Floor wages
e. Deduction
C. Minimum wages (Chapter II)
D. Fixation of minimum wages
E. Components of minimum wages
F. Procedure for fixing and revising minimum wages
G. Power of central government to fix floor wage
H. Wages of employees who work for less than normal working day
I. Wages for two or more classes of work
J. Minimum time rate wages for piece work
K. Fixing hours of work for a normal working day
L. Wages for overtime work

Unit-IV: Code on Wages, 2020


A. Payment of wages (Chapter III)
a. Mode of payment of wages (Section 15)
b. Fixation of wage period (Section 16)
c. Time limit for payment of wages (Section 17)
d. Deductions which may be made from wages (Sections 18, 20- 25)
e. Fines (Section 19)
B. Payment of Bonus (Chapter IV)
a. Eligibility for bonus etc.
b. Disqualification for bonus
C. Advisory Board (Chapter V)
D. Inspector cum –Facilitator (Chapter VII)
a. Appointment of inspectors-cum-facilitators and their powers
E. Offences and penalties (Chapter VIII)

Subject: Competition Law


Unit-I: Introduction to the Competition Law
A. Definition of enterprise and competition and importance of competition in the market
B. The evolving role of efficiencies in Competition Law
C. Nature, Scope and Objectives of Competition Law
D. Historical Development of competition law in USA, UK, Europe
E. Overview of MRTP Act,1969 and Monopolies Inquiry Commission, 1965.
F. Overview and analysis of Raghavan Committee Report
G. Interface between Competition and IPR & between Competition and Trade

Unit-II: Anti-Competitive Agreement and Abuse of Dominant Position


A. Perspective of Appreciable Adverse Effect, Rule per se and Rule of Reason
B. Nature and scope of horizontal and vertical agreements affecting competition under the Competition Act, 2002
C. Cartelization, Bid-Rigging, collusive bidding
D. Importance of Relevant market in context of Dominant position
E. Exploitative and exclusionary abuses
F. Predatory pricing, predatory behavior

Unit-III: Combination and Competition Commission of India


A. Regulation of combination in the competitive market and its challenges
B. Scope and impact of merger and amalgamation
C. Treatment of joint venture under Indian competition law
D. Nature, scope, function of Competition Commission of India
E. Powers of NCLT, Competition Advocacy

Unit-IV: International Instruments related to Competition Law and Emerging Trends


A. Competition law and practice in context of GATT, GATS, TRIMS and TRIPS
B. Study of Competition policy and practice in context of UNCTAD, OECD
C. Scope of European Competition law within Treaty on the Functioning of the European Union
D. International Competition Network and Competition Law
E. Economics in Competition law and practice; Oligopoly
F. Competition in Cyberspace; Cross-border competition issues

Subject: Company Law


Unit-I: Incorporation and Formation of Company
A. Definition, Nature and Concept of Corporate Personality
B. Advantages and Disadvantages of Incorporation, lifting of corporate veil
C. Different Kinds of Companies: One person Company, Foreign Company, Multinational, Transnational Corporations,
Companies not for profit, Family business.
D. Mode of Incorporation
a. Memorandum of Association
b. Articles of Association
c. Promotion, Incorporation, registration, commencement of company
E. Doctrines
a. Doctrine of Constructive Notice
b. Doctrine of Indoor Management
c. Doctrine of Ultra Vires

Unit-II: Corporate Financing


A. Prospectus and its Kinds
B. Classification of Company Securities
C. Shares and Share Capital - Concept, Nature and Kinds of Shares and Share Capital, Issue and Allotment of Shares.
D. Debentures- Concept, Nature and Kinds, Debenture Bond, remedies of debenture holders.
E. Transfer and Transmission of shares.
F. Borrowing and Lending- Inter-Corporate Loans.
G. Financial Fraud- A Case Study of Vijay Mallya etc.
H. Fraudulent Practices to Finance Family Business in India: A Case Study of Nirav Modi, Yes bank etc.
I. Role of Court to Protect Interests of Creditors and Shareholders, Class Action Suits, Derivative Actions, Shareholders Rights-
A Case Study of Tata Cyrus Mistry etc.

Unit-III: Company Management and Corporate Governance


A. Company Management- Position, powers, duties of directors, appointment of directors, and removal of directors.
B. Kinds of directors- Independent Director, Women Director.
C. Company Meetings- Kinds of Company Meetings and Procedure.
D. Majority Rule, Prevention of Oppression and Mismanagement
E. Investor Protection
F. Insider Trading- Concept of Insider Dealings and its Prohibition
G. Corporate Fraud
H. Accounts and Audit, powers, duties and liabilities of auditors, appointment and removal of auditors.
a. Corporate Governance- Meaning, Need, Current developments, corporate governance in India.

Unit-IV: Corporate Social Responsibility and Corporate Liquidation

A. Corporate Social Responsibility


a. Concept, Evolution and Emerging Trends of CSR
b. CSR under Company Act
c. Corporate legal liability - civil, criminal and environmental.
B. Winding up of Company
a. Concept of winding up and Dissolution of Company
b. Compulsory winding up of company
c. Winding up of company under Insolvency and Bankruptcy Code 2016
d. Role of NCLT/ NCLAT in winding up
e. Consequences of winding up order, Role of Liquidator
f. Liability of past members, preferential payments, unclaimed dividends

Subject: Law and Emerging Technology


Unit-I: Introduction: Notion of Technology
A. Emergence of Technology and Industrial Revolution
B. Legal Order and Technological Innovation
C. Law, Ethics and Technology
D. Disruptive Technology – Nature, Scope and Impact on Society
E. Artificial Intelligence – Emerging Legal Issues
F. Blockchain, Internet of Things – Emerging Legal Issues

Unit-II: E-Commerce
A. Model Law of E-Commerce
B. Online Contracting
C. Jurisdiction Issue in E-Commerce
D. Digital Signature/Electronic Signature
E. E-payment, E-Banking

Unit-III: Cyber Crime


A. Jurisdiction Issue in Cyber Crime
B. Cyber Crime under Information Technology Act: National Perspective
C. Cyber Crime under Information Technology Act: International Perspective
D. International Convention on Cyber Crime
E. Mobile Phones Crimes

Unit - IV: Genetic and Medical Technologies


A. Genetic Technologies
a. Environment Effect: Environment Protection Act
b. Genetic Engineering and Plant Variety Act
c. Natural Resources and Biodiversity Act
B. Medical Technologies
a. Medical Technologies and Forensic Science
b. DNA Profiling
c. Brain Mapping
d. Narco-analysis
e. Handwriting
f. Any other new Forensic Science
C. Medical Technologies and Drugs
a. Patent Protection
b. Life Saving Drugs
c. Generic Drugs
d. National Drugs Policies
D. Medical Technologies and New Areas
a. Organ Transplantation
b. Experiment on Human Beings
c. Sex Determination Test
d. Designer Baby
e. Abortion
f. Cloning
g. Artificial Reproductive Technologies

Subject: Intellectual Property Rights-I


Unit-I: Fundamentals and Development of Intellectual Property
A. Origin and Development of Intellectual Property Rights
B. Nature, scope and concept of IPRs
C. Justification of protection and theories of IPRs
D. International Conventions and Treaties: Paris Convention, Berne Convention, WIPO and TRIPS

Unit-II: Copyright
A. Introduction to Copyright Law
B. Idea-expression dichotomy
C. Subject matter of copyright
D. Rights under copyright
E. Ownership and authorship of Copyright
F. Term of Copyright
G. Assignment and Licensing
H. Infringement and remedies
I. Fair Use and Exceptions
J. Neighboring rights

Unit-III: Designs
A. Industrial Design: Nature and Concept
B. Brief outline of International Conventions
C. Registration of Design
D. Effect of registration
E. Piracy in designs and remedies thereof
F. Authorities and their powers
G. Overlapping of designs with Copyright and trademarks

Unit -IV: Patents


A. Meaning of Patent
B. Brief Outline to International Conventions
C. Conditions of Patentability
D. Procedure for filing patent application
E. Revocation and surrender of patents
F. Compulsory Licensing
G. Use of Patents by the Government for its own use
H. Parallel Imports
I. Infringement and Remedies Rights and limitations of patents
J. Penal provisions

Subject: Socio-Economic Offences


Unit-I: An Introduction to Socio-Economic Offences
A. Introduction to Socio-Economic Offences
B. Nature and Scope of Socio-Economic Offences
C. Distinction between Traditional and socio-economic crimes with reference to Mens Rea
D. Concept of punishment and forms of punishment.

Unit-II: The Prevention of Money-Laundering Act, 2002


A. Need for combating Money-Laundering, Magnitude of Money-Laundering, its steps and various methods
B. Definitions. Offence of money laundering, Cognizance of offences.
C. Adjudication & attachment, Summons, searches & seizures
D. Appellate tribunals, Special courts, Agreements with foreign countries
E. Serious fraud investigation office, 2003
F. PMLA amendment, 2019
G. Hoarding and profiteering

Unit- III: The Food Safety and Standards Act, 2006


A. Definitions of ‘food’, ‘Adulterant’, ‘contaminant’, ‘food business’, ‘misbranded food’.
B. Authorities under the Act: Food Safety and Standards Authorities of India: Establishment and functions
C. General Principles to be followed for food safety under the Act (Section 18)
D. Food Safety Officer- Power, Function and liabilities, Licensing and Registration of food business (Sec. 31)
E. Food Analysis
F. Provisions related to offence and penalties (Sections 48 to 67), Adjudication and Appeal procedures (Sections 68 & 76).
G. Spurious Drugs

Unit- IV: Corruption


A. The Prevention of Corruption Act, 1988
a. Need of the Act (read with Santhanam Committee Report)
b. Definitions of public servant
c. Offence and their Penalties (Section 7 to 15)
d. Sanction for prosecution (Sec. 19 r/w Sec. 218 of BNSS,2023)
e. Presumption where public servant accepts gratification (Section 20)
B. Investigation and Prosecution
a. Central Vigilance Commission (CVC)
b. Central Bureau of Investigation (CBI)
c. Criminal Investigation Department (CID)
d. Other Organizations

Common questions

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The Prevention of Money-Laundering Act, 2002, addresses the magnitude of money laundering by legalizing robust mechanisms for identifying, adjudicating, and deterring laundering activities. It defines and criminalizes money laundering practices, specifies investigative procedures such as attachment, search, and seizure, and imposes stringent penalties. This comprehensive legal framework helps uncover complex laundering techniques and curbs the proliferation of illicit financial networks .

The Code on Wages, 2020, mandates that workers who work for less than the normal prescribed hours are entitled to wages for the work period, ensuring no undue disadvantage due to shorter work durations. This provision guarantees basic livelihood support and discourages arbitrary wage deductions, reflecting an equitable treatment approach .

The use of artificial intelligence (AI) raises several legal and ethical issues, including questions of liability for autonomous decisions, biases in AI algorithms, privacy concerns due to data processing, and the impact on employment. Emerging technology laws are grappling with regulations to address these concerns while encouraging innovation. Ethical considerations also revolve around ensuring AI's transparency, accountability, and alignment with human values to prevent misuse and safeguard public interest .

CSR mandates under the Company Act encourage businesses to invest in social and environmental initiatives, creating positive community impacts. For businesses, these mandates can enhance brand reputation and stakeholder relationships, potentially increasing long-term profitability. However, they also impose operational adjustments and financial commitments. The dual focus on profit and ethical practices fosters sustainable growth while benefiting communities through improved infrastructure, education, and health services .

The Competition Commission of India (CCI) faces regulatory challenges in balancing competition and business growth concerning mergers and acquisitions. It scrutinizes combinations to prevent practices that could substantially lessen market competition. Challenges include accurately defining relevant markets, assessing the potential for anti-competitive practices, and predicting consumer impact. The CCI uses tools like market assessments and economic analysis to address these challenges, thus playing a crucial role in maintaining market integrity .

The evolution of competition law in India has extended into the digital economy, where traditional antitrust principles face challenges from new technology-driven business models like platform economies. The rise of digital marketplaces presents complex issues around data usage, network effects, and the balance of innovation versus competitive harm. The Competition Commission of India (CCI) is increasingly focused on adapting frameworks to address concerns of monopolistic behaviors and integrate digital markets into regulatory assessments, necessitating continuous evolution of enforcement strategies .

The National Industrial Tribunal, under the Industrial Relations Code, 2020, is tasked with resolving significant industrial disputes that involve questions of national importance or issues affecting substantial sections of industries. It has the authority to adjudicate disputes referred to it by the central government and handles cases requiring specialized consideration beyond the scope of local forums, thus providing a structured platform for reliable dispute resolution .

Competition law and IPR have intricate implications on innovation and market fairness. While IPR provides exclusive rights to promote innovation, it can lead to monopolistic practices if unchecked. Competition law ensures market fairness by preventing abuse of IPR-dominant positions that can stifle competition. Thus, the interface helps balance protecting innovators’ rights while ensuring competitive practices facilitate market entry, consumer choice, and innovation dissemination .

Insider trading regulations significantly impact corporate governance by promoting transparency and accountability in Indian companies. They deter executives from exploiting confidential information for personal gain, thus aligning management practices with shareholder interests. These regulations foster trust in markets and attract investments by ensuring fair trading conditions. Consequently, strong enforcement of insider trading laws encourages ethical corporate behavior and robust governance frameworks .

The Industrial Relations Code, 2020, includes features aimed at improving industrial relations through structured bipartite forums. Work Committees, outlined in Section 3, act as consultative bodies to promote good industrial relations by addressing workplace issues collaboratively. Grievance Redressal Committees, described in Section 4, are established in units with 20 or more employees to resolve individual grievances in a time-bound manner. These forums encourage dialogue and aim to pre-empt industrial disputes by resolving issues at the grassroots level .

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