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In the Sixth Schedule areas, the emphasis is on self-rule; tribal communities are granted considerable autonomy, including powers to make laws and receive central government funds for social and infrastructure development. To enable local control, the role of the Governor and the State are subject to significant limitations in the areas. [7]
The Fifth Schedule to the Constitution of India grants special powers to the State Governors to provide autonomy to the Scheduled Tribes, thereby limiting the effect of Acts of the Central and State Legislatures on the Scheduled Areas. [1] [2] [3]
The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 abbreviated as PESA Act [1] is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas of India. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India ...
The Declaration on Fundamental Principles and Rights at Work, adopted by the member states in 1998, identified eight fundamental Conventions as binding on all members; four prohibit forced labour and child labour, and four provide rights to organize, to collectively bargain, to equal pay and to freedom from discrimination at work.
The Amendment made the NCBC a constitutional authority, which had to be consulted on any policy matters regarding SEBCs, including recognition of communities. It also introduced an Article that gave the power to recognise SEBCs to the President of India who would notify a Central List of SEBCs. This List could only be amended by the Parliament.
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Where minimum rights do not exist in federal or state statutes, principles of contract law, and potentially torts, will apply. Employment contracts are subject to minimum rights in state and federal statute, and those created by collective agreements. [91] Aside from terms in oral or written agreements, terms can be incorporated by reference.
Employment practices that do not directly discriminate against a protected category may still be illegal if they produce a disparate impact on members of a protected group. Title VII of the Civil Rights Act of 1964 prohibits employment practices that have a discriminatory impact, unless they are related to job performance.