Labour Law- PPT (1)

8/2/2019 Labour Law- PPT (1)

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MADHU , INC KANNUR

IMPORTANT LABOUR ANDIMPORTANT LABOUR AND

FACTORY LEGISLATIONS INFACTORY LEGISLATIONS IN

INDIAINDIA

MADHU.T.KMADHU.T.K


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Acts and Rules

Blend of Acts and Rules

Centered on the responsibility of a Factory Manager,

Personnel/ HR Manager or self employed Entrepreneur. Attention has not been made wherever the employer has

nothing to do with the provisions but has only to follow thedirections of the appropriate govt.


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THE FACTORIES ACT, 1948THE FACTORIES ACT, 1948

Act which makes it obligatory on the partAct which makes it obligatory on the part

of the employer to provide for the health,of the employer to provide for the health,

safety and welfare of the workerssafety and welfare of the workers

employed.employed.


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Act extends to the whole of

India.Applies to every factory wherein 10 or

more workers are or were employed, if

run with power and 20 or more workersare or were employed, if run withoutpower.

Application to factories with fewer workersu/s 85


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MADHU , INC KANNURMADHU , INC KANNUR

PROVIDESPROVIDES forfor Hours of workHours of work(adult) not to exceed 48 hours in a week or 9(adult) not to exceed 48 hours in a week or 9

hours in a day.hours in a day.

Relaxation: Where an adult worker is engaged inRelaxation: Where an adult worker is engaged inurgent repairs.urgent repairs. Payment of Overtime wages for overstay at workplace @Payment of Overtime wages for overstay at workplace @

twice the ordinary rate of wages.twice the ordinary rate of wages. ** Provision relating to hours of work not applicable to** Provision relating to hours of work not applicable to

supervisory staff.supervisory staff. Weekly HolidayWeekly Holiday: No work for more than 10 days without a: No work for more than 10 days without aday of rest.day of rest.

Intervals of rest:Intervals of rest: half an hour for 5 hours of workhalf an hour for 5 hours of work No childNo child (who has not attained the age of 15 years)(who has not attained the age of 15 years) bebe

permitted to work.permitted to work. Prohibition of employment of Women:Prohibition of employment of Women: No woman shall beNo woman shall be

employed in any factory for more than 9 hours in any dayemployed in any factory for more than 9 hours in any dayoror between 7 pm and 6 am.between 7 pm and 6 am.


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Factories Act now allows womento work night shifts PROVIDEDadequate safeguards in the factory as

regards occupational safety and health,

equal opportunity for women workers,adequate protection of their dignity,

honor and safety and their transportation

from the factory premises to the nearest

point of their residence" are made.


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The occupier (Employer) to

maintain a register LEAVE WITH

WAGES REGISTER- in FORM 15

Provide each employee a Leave Book- thick

bound sheet- in FORM 16 (with similar

entries as in Form 15)

Provide each worker an Attendance Card in

form 28 showing the particulars ofemployment

* shall be substituted by Electronic cards

EMPLOYER TO KEEP THE FACTORY


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EMPLOYER TO KEEP THE FACTORYEMPLOYER TO KEEP THE FACTORY

PREMISES CLEANPREMISES CLEAN white washing at least once in every 14 months

repainting or revarnishing every 5 years ensure proper disposal of wastes and effluents Record the dates on which white washing, painting or varnishing

done in a register in FORM 7.

Ensure provision of sufficient number of Latrines and urinals

separate for gents and ladies Ensure spittoons are provided at adequate places. Ensure workplace has adequate ventilation Avoid overcrowding ensure 500 cubic feet of space for every

worker without reference to any space which is more than 14 feet

above the level of the floor of the room. Ensure proper lighting- artificial or natural or both.

Ensure supply of uninterrupted supply ofDrinking Water.

Where the no. of workers is more than 250, provision for coldwater in every lunch room, rest room and canteen shall beensured.


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EMPLOYER TO ENSURE SAFETYEMPLOYER TO ENSURE SAFETY

OF WORKERSOF WORKERS

Fencing of Machines and Moving parts of machines Fencing of Machines and Moving parts of machines spindles, gears, pulleys, belts etcspindles, gears, pulleys, belts etc Protection of eyes using screens or goggles fromProtection of eyes using screens or goggles from

excessive light or infra-red or ultra violet radiationsexcessive light or infra-red or ultra violet radiations Precaution in case of Fire.Precaution in case of Fire.

No woman or young person shall, unaided by anotherNo woman or young person shall, unaided by anotherperson, lift, carry or move by hand or head anyperson, lift, carry or move by hand or head anymaterial or tool exceeding the maximum limitmaterial or tool exceeding the maximum limitprescribed.prescribed.

* Adult male 75 Kgs* Adult male 75 Kgs

* Adult female 30 Kgs* Adult female 30 Kgs * Adolescent male 30 Kgs* Adolescent male 30 Kgs * Adolescent female 20 Kgs* Adolescent female 20 Kgs Safety Officer:Safety Officer: Appoint a Safety Officer wherein 1000Appoint a Safety Officer wherein 1000

or more workers are employed.or more workers are employed.


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EMPLOYER TO LOOK AFTER THEEMPLOYER TO LOOK AFTER THE

WELFARE OF EMPLOYEESWELFARE OF EMPLOYEES

Washing facilityWashing facility separately for women and menseparately for women and men SeparateSeparate rooms forrooms for men and women formen and women for drying of clothesdrying of clothes SeparateSeparate rest roomsrest rooms for men and womenfor men and women First Aid boxesFirst Aid boxes equipped with prescribed medicinesequipped with prescribed medicines Ambulance room where 500 or more are employedAmbulance room where 500 or more are employed

CanteenCanteen for use of workersfor use of workers where 250 or more are employedwhere 250 or more are employed(150 under Plantation Labour Act)(150 under Plantation Labour Act)

Lunch room where 150 or more are employedLunch room where 150 or more are employed Crches where 30 or more women are employedCrches where 30 or more women are employed

AppointAppoint WELFARE OFFICERWELFARE OFFICER(S)(S) where 500 or more arewhere 500 or more areemployedemployed (300 under PLA)(300 under PLA) The duties, qualification and conditions of service of suchThe duties, qualification and conditions of service of such

welfare officers shall be in accordance with the rules of thewelfare officers shall be in accordance with the rules of therespective State Govt.respective State Govt.

NOTICE OF DANGEROUS OPERATIONSNOTICE OF DANGEROUS OPERATIONS


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REGISTERS TO BE MAINTAINEDREGISTERS TO BE MAINTAINED Attendance Register/ Muster roll in form 25Attendance Register/ Muster roll in form 25

Register of Adult Workers in form 12Register of Adult Workers in form 12 Record of Lime washing, painting etc in form 7Record of Lime washing, painting etc in form 7 Register of Compensatory Holidays in form 9Register of Compensatory Holidays in form 9 Overtime Muster roll for Exempted workers inOvertime Muster roll for Exempted workers in

form 10form 10

Register of Leave with Wages in form 15Register of Leave with Wages in form 15 Health Register in form 17 (in respect of personsHealth Register in form 17 (in respect of persons

employed in occupations declared to beemployed in occupations declared to bedangerous operations u/s 87)dangerous operations u/s 87)

Register of Accidents and DangerousRegister of Accidents and DangerousOccurrences in form 26Occurrences in form 26

Particulars of Rooms in the factory in form 35.Particulars of Rooms in the factory in form 35.


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RETURNS TO BE SENT TO

APPROPRIATE AUTHORITIES

Notice of accidents and dangerous occurrences resultingin death or bodily injury in form 18(similar to the one tobe sent ESI Local Office under the ESI Act)

Half yearly returns in form 22

Annual returns in form 21 Notice of change of Manager in form 23 Details of closure in form 32 Report of examination of Pressure Vessel or Plant in form

8 Report of examination of Water sealed Gas holder in form

38 Report of Examination of Hoist or Lift in form 41 Certificate of Fitness for Dangerous Operations in form

39


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SIGNIFICANCE

Terms of appointment order issued to

an employee cannot circumvent theprovisions of certified standing order.

Therefore, it is always desirable to get

standing orders drafted and certified asit regulates the relationship between

the employer and the employee.


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Standing Order drafted shall provide for

Date on which the standing ordersshall come in to force and shallremain in force

Definitions

Classification of workmen asPermanent, Probationer, Badlis,

Casual and Trainees


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contd Obligations

not to carryon any other business for gain or totake admission in educational institutionwithout permission

to observe strict secrecy of company matters not to take photographs, drawing or documents

of the process of manufacture of the company not to carry any lethal weapon, explosive or

article dangerous to life or property to follow safety rules in force

to inform any change in the address etc


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contdcontd

Medical examination and aid in case of accidentMedical examination and aid in case of accident

Identification of workmen and issue of IdentityIdentification of workmen and issue of Identitycardscards

Working time for different categories ofWorking time for different categories ofworkmenworkmen

Record of age, qualification and experienceRecord of age, qualification and experience

Entry, exit and liability for security checkingEntry, exit and liability for security checkingShift working and weekly offShift working and weekly off

Attendance and late comingAttendance and late coming

Methods of applying for different kinds of leaveMethods of applying for different kinds of leave

and extension of leaveand extension of leaveAction for unauthorised absenceAction for unauthorised absence


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contdcontd National and festival holidaysNational and festival holidays TransferTransfer Apprehension of danger to the safetyApprehension of danger to the safety

and security of factory and itsand security of factory and itspersonnelspersonnels

Date of payment of wages/ salaryDate of payment of wages/ salary

Overtime wagesOvertime wages Increment and promotionIncrement and promotion Stoppage, closing or lay off ofStoppage, closing or lay off of

establishment and strikeestablishment and strike

Resignation notice or payment in lieuResignation notice or payment in lieuof notice to be givenof notice to be given Termination of employment and noticeTermination of employment and notice

or payment in lieu of notice required toor payment in lieu of notice required tobe served or madebe served or made


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contdcontd

Deduction from wages for fine imposed orDeduction from wages for fine imposed orabsence from duty or loss caused to theabsence from duty or loss caused to the

property and recovery of employeesproperty and recovery of employees

contribution to schemes like EPF, ESI andcontribution to schemes like EPF, ESI and

Labour Welfare fundLabour Welfare fund Age of superannuationAge of superannuation

Grievance procedureGrievance procedure

Disciplinary action for misconductDisciplinary action for misconduct

Punishment for misconduct and procedure forPunishment for misconduct and procedure for

imposition of punishmentimposition of punishment


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contdcontd

Service of noticeService of notice

Issue of service certificateIssue of service certificate

Amendment of Standing orderAmendment of Standing order Exhibition of Notices as whether if putExhibition of Notices as whether if put

in the Notice Board or notin the Notice Board or not


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THE MATERNITY BENEFIT ACT,THE MATERNITY BENEFIT ACT,

19611961 The Act extends to the whole ofhe Act extends to the whole ofIndiandia Applies to every factory, shop orpplies to every factory, shop orestablishmentstablishment Woman entit led to maternity benefitoman entit led to maternity benefitnot withstanding the application ofot withstanding the application ofthe Employees State Insurance Act,he Employees State Insurance Act,1948948


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Employer to ensure

No woman works during the sixweeks immediately following theday of her delivery or hermiscarriage

No woman does any arduous workduring the period of ten weeksfrom the expected date of

delivery Not to discharge or dismiss awoman during her pregnancy


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Eligibility

Work of 80 days in the 12 monthsimmediately preceding the date of

delivery.

Leave days & lay offs taken asworked.


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THE MINIMUM WAGES ACT, 1948THE MINIMUM WAGES ACT, 1948

AN ACT TO PREVENT SWEATED LABOUR ANDAN ACT TO PREVENT SWEATED LABOUR ANDEXPLOITATION OF LABOUREXPLOITATION OF LABOUR

The Act extends to the whole of IndiaThe Act extends to the whole of India

Requires the Central and State Govt. to fix minimumRequires the Central and State Govt. to fix minimumrates of wages in certain scheduled employment.rates of wages in certain scheduled employment.

Minimum wages fixed REVISED from time to timeMinimum wages fixed REVISED from time to time


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Responsibility of the Employer

to follow the directions and fix wages of theworkers at the rate not less than the one fixed

to maintain Register of Wages in form XI showing

rate of wages payable,actual amount paid,

attendance & overtime,

deductions for EPF, ESI and other,

net amount paid,

date of payment and

signature of respective employee. Wages slip in form XIII showing the above details

to be given to every employee.


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THE WORKING JOURNALISTS (FIXATION OFTHE WORKING JOURNALISTS (FIXATION OF

RATES OF WAGES) ACT, 1958RATES OF WAGES) ACT, 1958

Provides for the fixation of wages in respect of WorkingProvides for the fixation of wages in respect of Working

Journalists and for matters connected therewithJournalists and for matters connected therewith


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PAYMENT OF WAGES ACT, 1936PAYMENT OF WAGES ACT, 1936

An Act to regulate the payment ofAn Act to regulate the payment ofwages to certain classes ofwages to certain classes of

personspersons Extends to the whole of IndiaExtends to the whole of India Responsibility of payment wages restsResponsibility of payment wages rests

with the employerwith the employer Employer to fix Wage PeriodEmployer to fix Wage Period No wage period shall exceed one month.No wage period shall exceed one month.


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Time of Payment of wages

7th day of wage month where less than

1000 are working

10

th

day where more than 1000 areworking

No payment in KIND


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Permissible deduction from Wages fines

for absence from duty for damage caused to the property of the

employer for the amenities provided, like house

accommodation for recovery of advance or adjusting overpayment of wages

towards EPF, ESI, Labour Welfare Fund andsimilar deductions permitted under any Act or the

Standing Orders of the establishment for Life Insurance/ general insurance policies and

Housing loan.


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The Kerala Payment ofThe Kerala Payment of

Subsistence Allowance Act, 1972Subsistence Allowance Act, 1972

Act to provide for the payment ofAct to provide for the payment of

subsistence allowance to thesubsistence allowance to the

employees during the period ofemployees during the period of

suspensionsuspension

Extends to the whole of KeralaExtends to the whole of Kerala


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Suspension

Any interim decision of an employerdebarring an employee temporarily from

attending his office


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Payment ofayment ofSubsistence Allowanceubsistence Allowance 50% of wages for the first ninety days of50% of wages for the first ninety days of

suspensionsuspension

75% of wages for the period beyond75% of wages for the period beyondninety daysninety days

Full wages for the period beyond oneFull wages for the period beyond one

hundred and eighty dayshundred and eighty days

N t li ibl f S b i t


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Not eligible for Subsistence

Allowance

An employee placed under suspension

not entitled for subsistence allowance if

he accepts employment during theperiod of suspension


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THE PAYMENT OF BONUS ACT,THE PAYMENT OF BONUS ACT,

19651965 An Act to provide for the payment of Bonus toAn Act to provide for the payment of Bonus to

persons in certain establishments on the basis ofpersons in certain establishments on the basis ofprofits, production or productivity.profits, production or productivity.

Extends to the whole of India.Extends to the whole of India. Applies to every establishment wherein 20 or moreApplies to every establishment wherein 20 or more

are employedare employed The Appropriate Govt. shall apply the Act to anyThe Appropriate Govt. shall apply the Act to any

other establishment, including a factory to which theother establishment, including a factory to which the

Factories Act, 1948 applies, wherein less than 20Factories Act, 1948 applies, wherein less than 20workers are employed provided the number ofworkers are employed provided the number ofpersons employed is not less than 10persons employed is not less than 10..


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Eligibility to Bonus

employee whose salary/ wages does notexceed Rs 10000 per month

who has worked in the establishment for

not less than 30 days Not disqualified to claim bonus due to

fraud, theft or any other misconduct Bonus of veryperson drawing salary

between Rs 3500/- and Rs 10000/- permonth shall be calculated as if his salarywere Rs 3500 pm


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For calculating theor calculating thenumber of workingumber of workingdaysays the days for which the worker has beenthe days for which the worker has been

laid offlaid off

the days he has been on leave with paythe days he has been on leave with pay

the days he has been absent due tothe days he has been absent due to

temporary disablement caused by antemporary disablement caused by an

employment injuryemployment injury

the days a woman employee has been onthe days a woman employee has been on

maternity leavematernity leave

shall be taken in to account.shall be taken in to account.


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Rate of Bonus

Minimum :8.33% of salary/wages

Maximum 20% of salary/wages

Computation of bonus as per Schedule I to IV

of the Act.

Adjust any interim bonus paid while making

payment of the final bonus.


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Disputes on Bonus

The Bonus Act does not provide for

any machinery to resolve disputes

relating to bonus. For this, theIndustrial Dispute Actshall be

referred to.


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THE PAYMENT OF GRATUITYTHE PAYMENT OF GRATUITY

ACT, 1972ACT, 1972

The Ke r a l a I n du s t r i a l Em p l o yee s P a yme n t o fh e Ke r a la I n du s t r ia l Em p l o yee s P a yme n t o fG r a t u it y A c t , 1 970 , f o l low ed b y t h e Wes tr a tu i ty A c t , 1 97 0 , f o l l owed b y t h e W es tB e n g a l E m p l o ye e s P a y m e n t o f C o m p u l so r ye n g a l E m p l o y e e s P a y m e n t o f C o m p u l so r yG r a t u it y A c t , 1 971 and t h e i n ten t i o n o f t h er a tu i ty A c t , 1 971 and t h e i n t en t io n o f t h eo the r S t a t e s t o ha ve s im i l a r A c t s in t he i rt he r S t a t e s t o ha ve s im i l a r A c t s i n t he i rr e s pe c t iv e s t a t e s n e c e s s i t a t ed t h ee spe c t i v e s t a t e s n e c e s s i t a t ed t h e Cen t r a len t r a lA c t s o a s t o a vo i d d i f fe r en t t r e a tmen t t oc t s o a s t o a vo i d d i f fe r en t t r ea tm en t t oem p l o yee s o f e s t ab l i shm en t s h a v i n gm p l o yee s o f e s t ab l i shm en t s h a v i n gb r an che s in m o r e t h an one s t a t e s who a r er an che s in m o r e t h an one s t a t e s who a r es ub j e c t t o t ra n s f e r f rom one s t a t e t oub j e c t t o t r a n s fe r f r om one s t a t e t oano ther .no ther .


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The Payment of Gratuity Act, 1972The Payment of Gratuity Act, 1972

extends to the whole of India.extends to the whole of India.

Applies to every factory, mine, plantationApplies to every factory, mine, plantationand other establishment wherein 10 orand other establishment wherein 10 or

more workers are employed.more workers are employed.


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a retirement benefita retirement benefit

payable to an employee forpayable to an employee for

a long and meritoriousa long and meritoriousserviceservice.. It is not paid to an employeeIt is not paid to an employee

gratuitously or merely as a matter ofgratuitously or merely as a matter of

boon. It is paid for the serviceboon. It is paid for the service

rendered by him to the employerrendered by him to the employer

(Delhi Cloth and General Mills(Delhi Cloth and General Mills

Co; Ltd Vs The Workmen)Co; Ltd Vs The Workmen) Then why it should necessarilyThen why it should necessarily

be denied to him when anbe denied to him when an

employee is dismissed foremployee is dismissed for


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Gratuity is payable to an

employee on termination of his

employment after he hasrendered continuous service for

not less than five years

on his superannuation

on his resignation

on his death or disablement due to employment

injury or disease


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News paper employees

The Working Journalists and Other

Newspaper Employees (Conditions of

service) and Miscellaneous Provisions

Act, 1955, provides for payment ofgratuity.

As such, three years of continuous

service is required for eligibility forGratuity.

The payment of gratuity shall be


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The payment of gratuity shall be

forfeited

to the extent of the damage or

loss caused by the employee to

the property of the employer

where the service of the employee

is terminated due to misconduct


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Rate of gratuity

15 days wages for every completedyear of service

Rates applicable to Working

Journalists depends upon the service ofthe employee as provided in theWorking Journalists and Other

Newspaper Employees (Conditions ofservice) and Miscellaneous ProvisionsAct, 1955


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The average pay of theThe average pay of the

monthly rated employee shallmonthly rated employee shallbe taken bybe taken by

dividing the monthly salary/dividing the monthly salary/

wages by 26 andwages by 26 and not by 30not by 30


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Piece rate workers andiece rate workers andSeasonaleasonalestablishmentsstablishments For piece rated workers,For piece rated workers, average of theaverage of the

three months wagesthree months wages immediatelyimmediately

preceding the day of leaving shall bepreceding the day of leaving shall be

taken as average rate of wagetaken as average rate of wage

An employee in a seasonalAn employee in a seasonal

establishment shall be paid @establishment shall be paid @ sevenseven

days wages for each seasondays wages for each season


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Salary ceiling

The Amendment Act of1994 removed the salary

ceiling of an employee,but the maximum

gratuity payable shall beRs 3.5 lakh.

I d t b li ibl f t it


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An employee is in service in a calendaryear provided he has worked for

190 days in case employee is employedbelow the ground and

240 days in any other case.

In order to be eligible for gratuity,

employee should have at least five

continuous years of service with theemployer


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Continuous service (contd.)

The days he/she has been laid offunder an agreement or under the ID Act or as

permitted by the Standing Orders on leave with pay

absent due to temporary disablement due toemployment injury

on maternity leave

shall be taken as worked for the

calculation of 190/240 days.

For seasonal employment 75%For seasonal employment 75%


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For seasonal employment 75%For seasonal employment 75%attendance during a season shallattendance during a season shall

constitute service in a yearconstitute service in a year

An employee who has worked for 4 yearsAn employee who has worked for 4 years

11 months and 10 days not eligible for11 months and 10 days not eligible forgratuity as decided ingratuity as decided in P. Raghavalu andP. Raghavalu andSons Vs Additional Labour Court, AndhraSons Vs Additional Labour Court, AndhraPradeshPradesh, as the qualifying phrases, as the qualifying phrases partpart

thereof in excess of six monthsthereof in excess of six monthsshall beshall betaken only for calculation of gratuity andtaken only for calculation of gratuity andnot for determining the eligibility ofnot for determining the eligibility ofgratuity.gratuity.


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THE INTERSTATE MIGRANTTHE INTERSTATE MIGRANT

WORKMEN (REGULATION OFWORKMEN (REGULATION OFEMPLOYMENT ANDEMPLOYMENT AND

CONDITIONS OF SERVICE) ACTCONDITIONS OF SERVICE) ACT

19791979

Act to regulate the employment of interstatect to regulate the employment of interstatemigrant workers and to provide for theirigrant workers and to provide for theirconditions of service.onditions of service.


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Extends to the whole of India.

Applies to every establishment wherein five or

more interstate migrant workmen (whether or

not in addition to other workmen) are

employed and every contractor who employs(whether or not in addition to other workmen)

5 or more interstate migrant worker.


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Interstate migrant worker

An interstate migrant worker means

anypersonwho is recruited byor

through a contractor in the state under

an agreementor arrangementforemploymentin an establishmentin

another state, whether with or without

the knowledge of the principalemployer.


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Provides for

Registration of establishmentsemploying interstate migrantworkmen, licensing of contractors,

appointment of licensing officers,prohibition of employment ofmigrant workmen withoutregistration and duties andobligations of contractors providedunder the Act.


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Employer to ensureEmployer to ensureRegular payment, equal pay for equalRegular payment, equal pay for equal

work irrespective of sex, suitablework irrespective of sex, suitableconditions of work, medical facilities,conditions of work, medical facilities,protective clothing etc shall be ensured toprotective clothing etc shall be ensured to

such workmen.such workmen.

The contractor to maintain register ofThe contractor to maintain register ofmigrant employees, send report ofmigrant employees, send report ofaccidents, half yearly returns (From 23)accidents, half yearly returns (From 23)

and annual returns (Form 24)and annual returns (Form 24)Employer contravening the provisionsEmployer contravening the provisionsliable for punishment of imprisonment orliable for punishment of imprisonment or

fine or bothfine or both

THE EQUAL REMUNERATIONTHE EQUAL REMUNERATION


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THE EQUAL REMUNERATIONTHE EQUAL REMUNERATION

ACT, 1976ACT, 1976 Act provides for the payment of equalAct provides for the payment of equal

remuneration to men and womenremuneration to men and women Extends to the whole of IndiaExtends to the whole of India Act makes it obligatory on the part ofAct makes it obligatory on the part of

employer to pay equal remuneration toemployer to pay equal remuneration tomen and women workers for same workmen and women workers for same workor work of a similar nature.or work of a similar nature.

In order to make the wages equal,In order to make the wages equal,

prevailing wages shall not be reducedprevailing wages shall not be reducedbut the higher rate shall be maintainedbut the higher rate shall be maintained..

No discriminationNo discrimination


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No discrimination while makingNo discrimination while making

recruitment for the same work orrecruitment for the same work orwork of a similar nature, exceptwork of a similar nature, exceptwhere the employment of womenwhere the employment of womenin such work is prohibited orin such work is prohibited or

restricted by or under any lawrestricted by or under any lawfor the time being in forcefor the time being in force..

NoNo discriminationdiscrimination in anyin any

condition of service subsequentcondition of service subsequentto recruitment such asto recruitment such aspromotions, training or transfer.promotions, training or transfer.


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THE APPRENTICES ACT, 1961THE APPRENTICES ACT, 1961

The Act extends to the whole of India.The Act extends to the whole of India.

Applies to those apprentices who areApplies to those apprentices who are

undergoing apprenticeship training inundergoing apprenticeship training in

designated trades.designated trades. From time to time, the Central Govt. hasFrom time to time, the Central Govt. has

specified the designated trades.specified the designated trades.


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Contract of apprenticeship

A contract of apprenticeship training is

entered in to between the employer and the

apprentice or, if he is a minor, guardian of the

apprentice.

The contract of apprenticeship training is to

be sent to the Apprenticeship Adviser of the

respective area.


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Termination of training

on the expiry of the period of apprenticeshiptraining specified in the contract.

Premature termination by employer -

the employer shall pay to the apprentice such

compensation as may be prescribed Premature termination by the apprentice

apprentice or his guardian shall refund to theemployer as cost of training such amount as may

be determined by the Apprenticeship Adviser


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NUMBER OF APPRENTICESNUMBER OF APPRENTICES

Depends onDepends on the ratio of tradethe ratio of trade

apprentices to workersapprentices to workers other thanother than

unskilled workersunskilled workers and the facilitiesand the facilities

availableavailable and that may be madeand that may be madeavailable by the employeravailable by the employer for trainingfor trainingthe apprentices.the apprentices.


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Duties of the employer Make suitable arrangements for impartingpractical training Provide for basic training. Where an employer employs 500 or moreworkers, the basic training shall be imparted inseparate part of the workshop building or in aseparate building set up by the employer. * the employer may get easy loan from theGovt. for construction of building for conductingtraining classes

ITIITI


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ITIsITIs if theif the numbernumberof apprentices to be trained isof apprentices to be trained is lessless

than twelvethan twelve, then the employer may depute such, then the employer may depute suchapprentices to anyapprentices to any Basic Training Center orBasic Training Center or

Industrial Training InstituteIndustrial Training Institute run by therun by the

Government for basic training in any designatedGovernment for basic training in any designated

trade.trade. Where an employer deputes any apprentice asWhere an employer deputes any apprentice as

above, such employer shall pay to theabove, such employer shall pay to the

Government the expenses incurred by theGovernment the expenses incurred by the

Government on such training, at such rate as mayGovernment on such training, at such rate as may

be specified by the Central Government.be specified by the Central Government.


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RI Centre

Apprentice to be given Related

Instruction course. Time spent by a trade apprentice in

attending classes on RIC shall be treated

as part of his paid period of work.


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EMPLOYERSMPLOYERS to ensureto ensurePlacement of Training Off icer withlacement of Training Officer wi thsuitable qualif icationuitable qualif icationPayment of stipend at a rate notayment of stipend at a rate notless than the prescribed minimumess than the prescribed minimumrateateNot to pay on the basis of pieceot to pay on the basis of piece

workorkNot toot to require to take part in anyrequire to take part in anyoutpututput bonus or other incentiveonus or other incentive

schemecheme


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Employer to ensure (contd.)

HEALTH, SAFETY AND WELFAREOF APPRENTICES

Not to requireor allow overtime

except with the approval of theApprenticeship Adviser.

In case ofemployment injurypaycompensation in accordance withthe provisions of the Workmen'sCompensation Act, 1923


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disputes Any disagreement or disputebetween an employer and an

apprentice arising out of thecontract of apprenticeship shall bereferred to the Apprenticeship

Adviser for decision.


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Obligation for employment

It shall not be obligatory on the part ofthe employer to offer any employmentto any apprentice who has completed

the period of his apprenticeshiptraining in his establishment,

nor shall it be obligatory on the part

of the apprentice to accept anemployment under the employer.

THE WORKMENSTHE WORKMENS


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THE WORKMENSTHE WORKMENS

COMPENSATION ACT, 1923COMPENSATION ACT, 1923

The Act provides for payment ofhe Act provides for payment ofcompensation to the worker injuredompensation to the worker injuredduring the course of employment oruring the course of employment orcontracted by any occupationalontracted by any occupationaldisease peculiar to that employmentisease peculiar to that employment Act extends to the whole of India.ct extends to the whole of India.

The amount of compensation


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The amount of compensation for accidents resulting in death, an amount

equal to fifty per cent of the monthlywages of the deceased workmanmultiplied by the relevant factor; or anamount of eighty thousand rupees,

whichever is more * forpermanent total disablement, an

amount equal to sixty per cent of the

monthly wages of the injured workmanmultiplied by the relevant factor, or anamount of ninety thousand rupees,whichever is more.


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The maximum compensation as per

W.C. Amendment Act 2000

Fatal Injury - Rs.4,57,080

Permanent Total Disablement -

Rs.5,48,496Permanent Partial Disablement -

According to incapacity caused

Temporary Disablement - Rs. 2000 permonth upto a period of 5 years


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ESI Corporation and Workmen

compensation

The liability of payment of

compensation shifted from theemployer to the Employees State

Insurance Corporation

EMPLOYEES STATE INSURANCEEMPLOYEES STATE INSURANCE


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EMPLOYEES STATE INSURANCEEMPLOYEES STATE INSURANCE

ACT, 1948ACT, 1948

Act extends to the whole of India, Howeverct extends to the whole of India, HoweverThe ESI Scheme is being implemented area-he ESI Scheme is being implemented area-wise by stages.ise by stages.The Scheme has already been implemented inhe Scheme has already been implemented indifferent areas in all States/Unionifferent areas in all States/UnionTerritories except Nagaland, Manipur,erritories except Nagaland, Manipur,Tripura, Sikkim, Arunachal Pradesh andripura, Sikkim, Arunachal Pradesh and

Mizoram and UTs of Delh i, Chandigarh andizoram and UTs of Delhi, Chandigarh andPondicherryondicherry

ESI Act


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ESI Act* Applies to factories and

establishments functioning in thenotified area and consisting of 10 ormore employees.

* Provides for health care and cashbenefits in cases of sickness, maternityand employment injury.

* The Act absolved the employers of

their obligations under the MaternityBenefit Act, 1961 and WorkmensCompensation Act 1923.

EmployeesEmployees


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EmployeesEmployees

coveredcovered

All employees drawingAll employees drawing

salary of Rs 10,000 or lesssalary of Rs 10,000 or less

are coveredare covered(w.e.f 1-10-2006)(w.e.f 1-10-2006)


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Contributionontribution

Employees contribution . 1.75% of wagesEmployees contribution . 1.75% of wages Employers contribution. 4.75 % of wagesEmployers contribution. 4.75 % of wages

Employees receiving a daily average wage uptoEmployees receiving a daily average wage upto

Rs.70/-(w.e.f 1-8-07) are exempted from paymentRs.70/-(w.e.f 1-8-07) are exempted from payment

of contribution.of contribution. Employers will howeverEmployers will howevercontribute their own share in respect of thesecontribute their own share in respect of these

employees.employees.

pay contribution within 21 days.pay contribution within 21 days.

Contribution Period and Benefit


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Period

There are two contribution periods eachof six months duration and twocorresponding benefit periods also of

six months duration as under Contribution period Corresponding

Benefit period

1st April to 30th Sept. 1st January of the following year

to 30th June

1st Oct. to 31st March 1st July to 31st December ofthe year following
http://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/index.htm


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ESI BenefitsE

Medical Benefits Available both to IP and family. Also available to

disabled/retired IP Super specialist treatment Sickness Benefit Maternity Benefit

Disablement BenefitDependant benefitFuneral Expenses Old age medi careRehabilitation

Employer to maintain and file
http://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/esic_sickness.htmhttp://www.esicoimbatore.org/benefits/esic_maternity.htmhttp://www.esicoimbatore.org/benefits/esic_disablement.htmhttp://www.esicoimbatore.org/benefits/esic_dependant.htmhttp://www.esicoimbatore.org/benefits/esic_funeral.htmhttp://www.esicoimbatore.org/benefits/esic_old_care.htmhttp://www.esicoimbatore.org/benefits/esic_rehabilitation.htmhttp://www.esicoimbatore.org/benefits/esic_rehabilitation.htmhttp://www.esicoimbatore.org/benefits/esic_old_care.htmhttp://www.esicoimbatore.org/benefits/esic_funeral.htmhttp://www.esicoimbatore.org/benefits/esic_dependant.htmhttp://www.esicoimbatore.org/benefits/esic_disablement.htmhttp://www.esicoimbatore.org/benefits/esic_maternity.htmhttp://www.esicoimbatore.org/benefits/esic_sickness.htmhttp://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/esic_medical.htmhttp://www.esicoimbatore.org/benefits/index.htmhttp://www.esicoimbatore.org/benefits/index.htm


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p oye to a ta a d e

the following books and returns.

1. Form 7 (Register of Employees showing the detailsof Gross wages, ESI contribution deducted,Contribution by the Employer and total for thecontribution period (six months)

2. Accident book in form 15

3. ESI Declaration in form 1, 4. Return of declaration in form 3 5. Return of Contribution in form 6 for the

contribution period (with similar entries as in registerof employees Form 7)

6. Accident report in form 16. (similar to Form 18 to befurnished to the Inspector of Factories and Boilers)

EMPLOYEES PROVIDENT FUNDEMPLOYEES PROVIDENT FUNDAND MISC PROVISIONS ACT


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AND MISC. PROVISIONS ACT,AND MISC. PROVISIONS ACT,

19521952An Act to provide for the institution ofAn Act to provide for the institution of

provident funds, pension funds andprovident funds, pension funds and

deposit linked insurance fund for thedeposit linked insurance fund for theemployees in the factories and otheremployees in the factories and other

establishmentsestablishments

Extends to the whole of India except theExtends to the whole of India except theState of Jammu and KashmirState of Jammu and Kashmir


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Applicabil itypplicabil ity Applies to al l factories andpplies to al l factories andestablishments in whichstablishments in which 20 or0 ormore are employedore are employed Continuity of applicationontinuity of application Exemption xemption Where employees gethere employees getbenefits in the nature ofenefits in the nature of

provident fund or old agerovident fund or old agepension fund from theension fund from theestablishment which are not lessstablishment which are not lessfavourable than the benefitsavourable than the benefitsunder the Act.nder the Act.


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Schemes under the Act

Three beneficial schemes-

1.Employees Provident Fund Scheme1952

2.Employees Pension Scheme 1995

3.Employees Deposit Linked Insurance1976

b hi


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membership

An employee at the time of joining theemployment and getting wages up to

Rs.6500/- is required to become a member.

an employee is eligible for membership offund from the very first date of joining a

covered establishment.


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Contribution to EPFContribution to EPF

Employees share : 12% of the Basic + DAEmployees share : 12% of the Basic + DA Employers contribution : 12% to beEmployers contribution : 12% to be

deposited as :deposited as :

8.33% to be deposited in Pension Fund8.33% to be deposited in Pension FundA/C No 10 andA/C No 10 and

the balance, ie, 3.67% to be deposited inthe balance, ie, 3.67% to be deposited in

Provident Fund A/C No 01 along withProvident Fund A/C No 01 along withEmployees share of 12%Employees share of 12%


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Contribution (contd.)Contribution (contd.)

Administration charges -Administration charges - @ 1.1% of the total wages/salary@ 1.1% of the total wages/salary

disbursed by deposit to A/C No 02,disbursed by deposit to A/C No 02, Employees Deposit Linked InsuranceEmployees Deposit Linked Insurance @@

0.5% of the total wages/salary by deposit0.5% of the total wages/salary by depositto A/C No. 21 andto A/C No. 21 and

Administration of EDLIAdministration of EDLI @ 0.01% of the@ 0.01% of thewages/ salary by deposit to A/C. No. 22.wages/ salary by deposit to A/C. No. 22.

Duties of employer


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Duties of employer Employer to furnish information about:

(a) Ownership and names of responsible personsof the establishment.

(b) Declaration and nomination.

(c) Joining and leaving of service by the members

in form 5 and form 10 respectively(d) Form 12A with monthly challans of deposit.

(e) Form 9 for details of employees.

(f) Form 3A/6A at the end of the financial year.

(g) Any other information as may be requiredunder Para 76 of the scheme


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Benefits to employees

Provident Fund Benefits

Pension Benefits Death Benefits

Provident Fund Benefits


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Provident Fund Benefits Employer also contributes to Members PF @

3.67% (1.67% in case of sick industry - eg: beedi) EPFO guarantees the Employer contribution and

Govt. gives a decent interest to PF accumulations

Member can withdraw from this accumulations to

cater financial exigencies in life - No need torefund unless misused

On resignation, the member can settle the account.i.e., the member gets his PF contribution, Employer

Contribution and Interest

Pension BenefitsPension BenefitsP i t M bPension to Member


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Pension to MemberPension to Member Pension to Family (on death of member)Pension to Family (on death of member) Scheme CertificateScheme Certificate

This Certificate shows the service & family details of aThis Certificate shows the service & family details of amembermember

This is issued if the member has not attained the ageThis is issued if the member has not attained the ageof 58 while leaving an establishment and he applies forof 58 while leaving an establishment and he applies for

this certificatethis certificate

Member can surrender this certificate while joiningMember can surrender this certificate while joininganother establishment and the service stated in theanother establishment and the service stated in thecertificate is added with the service he is gaining fromcertificate is added with the service he is gaining from

the new establishment.the new establishment.

After attaining the age of 50 or above, the member canAfter attaining the age of 50 or above, the member canapply for Pension by surrendering this schemeapply for Pension by surrendering this scheme

certificate (if total service is at least 10 years)certificate (if total service is at least 10 years) This is a better choice than Withdrawal Benefit, that ifThis is a better choice than Withdrawal Benefit, that ifa member dies holding a valid scheme certificate, hisa member dies holding a valid scheme certificate, his

family will get pension (Death when NOT in service)family will get pension (Death when NOT in service)

Pension benefit (contd )Pension benefit (contd )


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Pension benefit (contd.)Pension benefit (contd.) Withdrawal BenefitWithdrawal Benefit

if not eligible for pension, member may withdraw theif not eligible for pension, member may withdraw theamount accumulated in his pension accountamount accumulated in his pension account

the calculation of this amount is based only on (i) Lastthe calculation of this amount is based only on (i) Lastaverage salary and (ii) Service (Not based on actualaverage salary and (ii) Service (Not based on actual

amount available in Pension Fund Account)amount available in Pension Fund Account) No amount is taken from Member to give Pension to the Member.No amount is taken from Member to give Pension to the Member.

Employer and Govt. contribute to Pension fund @8.33% andEmployer and Govt. contribute to Pension fund @8.33% and

@1.16% [email protected]% respectively

EPFO guarantees pension to members, even if the Employer hasEPFO guarantees pension to members, even if the Employer has

not contributed to Pension Fund.not contributed to Pension Fund.

Pension calculation is similar to that of Govt. EmployeePension calculation is similar to that of Govt. Employee

Death BenefitsDeath Benefits


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Provident Fund Amount to Family (orProvident Fund Amount to Family (or

to Nominee)to Nominee) Pension to Family (or to Parent /Pension to Family (or to Parent /

Nominee)Nominee)

Capital Return of PensionCapital Return of Pension

Insurance (EDLI) amount to FamilyInsurance (EDLI) amount to Family(or to Nominee)(or to Nominee) No amount is taken from Member forNo amount is taken from Member for

this facility. Employer contributes forthis facility. Employer contributes for

this.this. Nominee is basically determined asNominee is basically determined as

per the information submitted by theper the information submitted by themember at this office through FORM-member at this office through FORM-

22

THE PLANTATION LABOUR ACTTHE PLANTATION LABOUR ACT


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19511951

AN ACT TO PROVIDE FOR THE WELFAREAN ACT TO PROVIDE FOR THE WELFAREOF THE LABOUR, AND TO REGULATE THEOF THE LABOUR, AND TO REGULATE THE

CONDITIONS OF WORK, IN PLANTATIONSCONDITIONS OF WORK, IN PLANTATIONS

It extends to the whole of India exceptIt extends to the whole of India exceptthe State of Jammu and Kashmirthe State of Jammu and Kashmir


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Applicabil itypplicabil ity Applies to any land used or intended topplies to any land used or intended tobe used for growing tea, coffee, rubber,e used for growing tea, coffee, rubber,cinchona or cardamom or any otherinchona or cardamom or any otherplant whichlant which measures 5 hectares oreasures 5 hectares or

more and in which 15 or more workersore and in which 15 or more workersare employedre employed on any day of theon any day of thepreceding 12 months.receding 12 months. The S t a t e G ove r nm en t b y no t i f ic a t io nhe S t a t e G ove r nm en t b y no t i f i c a t i o n

c an app l y t h i s law t o a n y o t h e r l a ndan app l y t h is l aw t o an y o t h e r la ndeven i f i t me a su r e s l e s s t h an 5 h e c t a r e sv en i f i t me a su r e s l e s s t h an 5 h e c t a r e sand em p l o y s le s s t h an 15 wo r ke r s .n d em p l o y s le s s t h an 15 wo r ke r s .

Duties of the Employer


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p y Provision of: Drinking Water

Separate Toilets for Men and Women Medical facilities to the workmen and their family Canteen where 150 or more workers are employed Crcheswhere 50 or more women workers are

employed or where the number of children of womenworkers is 20 or more Recreational facilities Educational Facilities where children between the ages

of six and twelve of workers employed in any

plantation exceed twenty five. Housing facility Welfare Officerwhere three hundred or more workers

are employed.

Hours of work and Limitations ofHours of work and Limitations of


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employmentemployment

Hours of work 48 hours per week which can beHours of work 48 hours per week which can beextended to 54 hours with double the rate asextended to 54 hours with double the rate asovertime wagesovertime wages

Weekly holidayWeekly holiday

Daily intervals of restDaily intervals of rest Prohibition of employing women workersProhibition of employing women workers

between 7 pm and 6 ambetween 7 pm and 6 am

Annual Leave (with wages) @ 1 per 20 days workAnnual Leave (with wages) @ 1 per 20 days work

Sickness and maternity benefitsSickness and maternity benefits Employer to furnish Notice of AccidentEmployer to furnish Notice of Accident

Employer to maintain a register of AccidentsEmployer to maintain a register of Accidents

THE INDUSTRIAL DISPUTESTHE INDUSTRIAL DISPUTES


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ACT, 1947ACT, 1947

An Act to make provision for then Act to make provision for theinvestigation and settlement ofnvestigation and settlement ofindustrial disputes, and for certainndustrial disputes, and for certainother purposes.ther purposes.

It extends to the whole of Indiat extends to the whole of India

Industrial disputeIndustrial dispute


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Industrial disputeIndustrial dispute

Any dispute orny dispute or differencedifference betweenbetweenemployers and employers, ormployers and employers, orbetween employers and workmen,etween employers and workmen,or between workmen and workmenr between workmen and workmen ,,which is connected with the employmentwhich is connected with the employment

or non-employment or the terms ofor non-employment or the terms of

employment or with the conditions ofemployment or with the conditions oflabour, of any person.labour, of any person.

AUTHORITIES UNDER THIS ACTAUTHORITIES UNDER THIS ACT


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AUTHORITIES UNDER THIS ACTAUTHORITIES UNDER THIS ACT

Works Committeeorks Committee Concil iation officersoncil iation officers Boards of Concil iationoards of Concil iation Courts of Inquiryourts of Inquiry Labour Courtsabour Courts Tribunalsribunals National Tribunalsational Tribunals

Works Committee


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Works Committee

Where?: Establishments with 100or more workers

Members: Equal number of

representatives of the Employer

and Employees

Objective: promotion of goodrelationship between employer

and employee(s)

Conciliation officersConciliation officers


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Conciliation officersConciliation officers

Appointed by the appropriateGovernment

Duty: Settlement of industrial disputes.

Nature : Appointed for a specified areaor for specified industries in a

specified area or for one or more

specified industries and eitherpermanently or for a limited period.


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Boards of Conciliation Appointed by the appropriate

Government as occasion arises forsettlement of disputes.

Board shall consist of an independentChairman and two or four othermembers in equal numbers torepresent the parties to the dispute

Courts of Inquiry


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Courts of Inquiry

Constituted by the appropriate Governmentas occasion arises for inquiring into any

matter appearing to be connected with or

relevant to an industrial dispute

Labour Courts


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Labour Courts

Labour Courts are constituted by theappropriate Govt. for the adjudication of

industrial disputes relating to any matter

specified in the Second Schedule and forperforming such other functions as may be

assigned to them under this Act.

Tribunals


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bu a s

Tribunalsare constituted by theappropriate Govt. for the adjudication of

industrial disputes relating to any matter

specified in the Second Schedule or theThird Schedule and for performing such

other functions as may be assigned to

them under this Act.

National Tribunals


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National Tribunals

National Tribunals areconstituted by theCentral Government for the adjudication of

industrial disputes which, in the opinion of

the Central Government, involve questionsof national importance or are of such a

nature that industrial establishments

situated in more than one State are likelyto be interested in, or affected by such

disputes.

Matters within the Jurisdiction of LabourMatters within the Jurisdiction of Labour


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Matters within the Jurisdiction of LabourMatters within the Jurisdiction of Labour

CourtsCourts (the II Schedule)(the II Schedule) 1.The propriety or legality of an order.The propriety or legality of an orderpassed by an employer under the standingassed by an employer under the standingorders;rders; 2.The application and interpretation of.The application and interpretation of

standing order;tanding order; 3.Discharge or dismissal of workmen.Discharge or dismissal of workmenincluding re- instatement of, or grant ofncluding re-instatement of, or grant ofrelief to, workmen wrongfully dismissed;elief to, workmen wrongfully dismissed; 4.Withdrawal of any customary concession.Withdrawal of any customary concession

or privilege;r privilege; 5.Illegal ity or otherwise of a strike or lock-.Illegal ity or otherwise of a strike or lock-out; andut; and 6.All matters other than those specified in.All matters other than those specified inthe Third Schedule.he Third Schedule.

Matters within the Jurisdiction ofMatters within the Jurisdiction of


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Industrial TribunalsIndustrial Tribunals (the III schedule)(the III schedule)

1.Wages, including the period and1.Wages, including the period andmode of payment;mode of payment;

2.Compensatory and other allowances;2.Compensatory and other allowances;3.Hours of work and rest intervals;3.Hours of work and rest intervals;

4.Leave with wages and holidays;4.Leave with wages and holidays;

5.Bonus, profit sharing, provident fund5.Bonus, profit sharing, provident fundand gratuity;and gratuity;

6.Shift working otherwise than in6.Shift working otherwise than in

accordance with standing ordersaccordance with standing orders;;

III schedule (contd )


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III schedule (contd.)

7.Classification by grades;8.Rules of discipline;

9.Rationalisation;

10.Retrenchment of workmen and

closure of establishment; and

11.Any other matterthat may be

prescribed.

Prohibition of strikes and


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lock outs

Not to strike without giving six weeksnotice of strike and during the pendency ofany conciliation proceedings

Not to declare lock-out without giving to

the employees six weeks notice of lock outand during the pendency of anyconciliation proceedings

A strike or lock-out shall be illegal if it iscommenced or declared in contraventionof the above.

Not to support of any illegal strike or lock-out


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LAY-OFF AND RETRENCHMENTAY-OFF AND RETRENCHMENTNo workman (other than a badli workmanNo workman (other than a badli workman

or a casual workman) whose name is borneor a casual workman) whose name is borne

on the muster-rolls of an industrialon the muster-rolls of an industrial

establishment whereinestablishment wherein 50 or more0 or moreworkers are employedorkers are employed shall be laid-offshall be laid-offby his employer except with the priorby his employer except with the prior

permission of the appropriate Government.permission of the appropriate Government.


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Lay off compensation

a workman (other than a badliworkman or a casual workman) whohas completed one year of

continuous service under anemployer shall be paid Lay offcompensation

Lay off compensation shall be equal

to fifty per cent of the wages (Basic+ DA) Lay off compensation need not be

paid for the weekly holidays which

may intervene

Continuous Service


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An employee is in continuous service in a calendaryear provided he has worked for

190 days in case employee is employedbelow the ground and

240 days in any other case.

The days he/she has been laid offunder an agreement or under the ID Act or

as permitted by the Standing Orders

on leave with pay

absent due to temporary disablement due toemployment injury

on maternity leave

shall be taken as worked for the calculation of

190/240 days.

Workmen not entitled toWorkmen not entitled to

ti i t iti i t i


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compensation in certain casescompensation in certain casesWhen a worker refuses to accept alternativeWhen a worker refuses to accept alternative

employment in the same establishment oremployment in the same establishment oranother establishment owned by the employeranother establishment owned by the employerand situated in the same village or town orand situated in the same village or town orwithin 5 a radius of miles of the establishment.within 5 a radius of miles of the establishment.

When a worker does not present himself forWhen a worker does not present himself forwork at the establishment at the appointed timework at the establishment at the appointed timeduring normal working hours at least once aduring normal working hours at least once adayday

When such laying-off is due to a strike orWhen such laying-off is due to a strike or

slowing-down of production on the part ofslowing-down of production on the part ofworkmen in another part of the establishmentworkmen in another part of the establishment

R t h t f k


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Retrenchment of workmen

No workman who has been in continuousservice for not less than one year shall beretrenched without giving one months notice(three months notice wherein not less than

100 workers are employed) in writingindicating the reasons for retrenchment or if no notice is given, wages in lieu of such

notice. Retrenchment of workmen employed in an

establishment wherein not less than 100workers are employed requires permissionfrom the appropriate Govt.

Retrenchmentetrenchment


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Compensationompensation Fifteen days average pay forifteen days average pay forevery year (or part thereof invery year (or part thereof in

excess of six months) of hisxcess of six months) of hisserviceervice THIS IS APART FROM THEHIS IS APART FROM THEGRATUITY PAYABLE UNDER THERATUITY PAYABLE UNDER THEPAYMENT OF GRATUITY ACTAYMENT OF GRATUITY ACT


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Compensation to workmen in case of

transfer of undertakings

every workman shall be entitled to notice and

compensation as if the workman had been

retrenched.

No compensation on transfer

id d


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provided

1 . the service of the workman has notbeen interrupted by such transfer;

2 . the terms and conditions of serviceapplicable to the workman after suchtransfer are not in any way less favourableto the workman

3 . the new employer takes in to

account the continuous service of theworkman.

Notice to be given of intention toNotice to be given of intention toclose down any undertakingclose down any undertaking


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close down any undertakingclose down any undertaking An employer who intends to close down anAn employer who intends to close down an

undertaking shall giveundertaking shall give at least sixty days noticeat least sixty days notice(Ninety days wherein not less than 100 workers(Ninety days wherein not less than 100 workersare employedare employed) to the appropriate government) to the appropriate governmentstating clearly the reasons for the intendedstating clearly the reasons for the intendedclosure of the undertaking:closure of the undertaking:

This section shall not apply to-This section shall not apply to- (a) an undertaking in which less than fifty(a) an undertaking in which less than fifty

workmen are or were employed, orworkmen are or were employed, or (b) an undertaking set up for the(b) an undertaking set up for the

construction of buildings, bridges, roads, canals,construction of buildings, bridges, roads, canals,dams or for other construction work or project.dams or for other construction work or project.

Compensation to workmen in case of

closing down of undertakings


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closing down of undertakings

Compensation be paid as if workmen are

retrenched

However no compensation is payable if theestablishment is closed down on account of

unavoidable circumstances beyond the

control of the employer

TheseT ese shall nots a not constituteconst tutecircumstances beyond thecircumstances beyond the


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yy

controlcontrol financial difficulties (includingfinancial difficulties (including

financial losses); orfinancial losses); or

accumulation of undisputed offaccumulation of undisputed off

stocks; orstocks; or the expiry of the period of thethe expiry of the period of the

lease or license granted to it; orlease or license granted to it; or

in case where the undertaking isin case where the undertaking isengaged in mining operations,engaged in mining operations,

exhaustion of the minerals in theexhaustion of the minerals in the

area in which operations arearea in which operations are

Procedure for retrenchment and

re employment


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re employment

Retrench the last worker to beappointed under a particular category

first

For re-employment, retrenched

worker shall have preference over

other persons

RECOVERY OF MONEY DUEECOVERY OF MONEY DUE


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FROM AN EMPLOYER (ROM AN EMPLOYER ( sectionection33 C of ID Act3 C of ID Act )

Any sum due from the employerny sum due from the employerunder a settlement or an award isnder a settlement or an award isrecoverable in the same manner asecoverable in the same manner asann arrear of land revenuerrear of land revenueApplication by the employee to bepplication by the employee to bereceived with in ONE year.eceived within ONE year.Any sum capable of being computedny sum capable of being computedin terms of money shall be recoveredn terms of money shall be recoveredfrom the employer with therom the employer with theintervention of Labour Court.ntervention of Labour Court.

UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICES

O th t f lO th t f l


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On the part of employersOn the part of employers

threatening workmen with discharge orthreatening workmen with discharge ordismissal, if they join a trade uniondismissal, if they join a trade union

threatening a lock-out or closure, if a trade unionthreatening a lock-out or closure, if a trade union

is organisedis organised

granting wage increase to workmen at crucialgranting wage increase to workmen at crucial

periods of trade union organisation, with a viewperiods of trade union organisation, with a view

to undermining the efforts of the trade union atto undermining the efforts of the trade union at

organisationorganisation

an employer taking an active interest inan employer taking an active interest in

organising a trade, union of his workmenorganising a trade, union of his workmen

Unfair-employer (contd.)Unfair-employer (contd.)


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To establish employer-sponsored trade unionso establish employer-sponsored trade unionsof workmenf workmen discharging or punishing a workman, becauseischarging or punishing a workman, becausehe urged other workmen to join or organise ae urged other workmen to join or organise a

trade unionrade union discharging or dismissing a workman forischarging or dismissing a workman fortaking part in any strike (not being a strikeaking part in any strike (not being a strikewhich it deemed to be an il lega l strike underhich it deemed to be an il legal strike under

this Act)his Act) changing seniority rating of workmenhanging seniority rating of workmenbecause of trade union activitiesecause of trade union activities

Unfair-employernfair-employer


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(contd.)contd.) refusing to promote workmen to higherefusing to promote workmen to higher

posts on account of their trade unionosts on account of their trade unionactivitiesctivities giving unmerited promotions to certainiving unmerited promotions to certainworkmen with a view to creating frictionorkmen with a view to creating friction

amongst other workmen, or tomongst other workmen, or toundermine the strength of their tradendermine the strength of their tradeunionnion discharging office bearers or activeischarging office bearers or active

members of the trade union on accountembers of the trade union on accountof their trade union activitiesf their trade union activities


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Unfair-employer (contd )Unfair-employer (contd )


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Unfair employer (contd.)Unfair employer (contd.)

To abolish the work of a regular natureo abolish the work of a regular naturebeing done by workmen, and to give sucheing done by workmen, and to give suchwork to contractors as a measure ofork to contractors as a measure ofbreaking a strike.reaking a strike. To transfer a workman mala fide from oneo transfer a workman mala fide from one

place to another, under the excuse oflace to another, under the excuse offollowing management policy.ollowing management poli cy. To insist upon individual workmen, who areo insist upon individual workmen, who areon a legal strike to sign a good conductn a legal strike to sign a good conductbond, as a precondition to allowing them toond, as a precondition to allowing them to

resume work.esume work.

Unfair-employer (contd.)Unfair-employer (contd.)


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To show favoritism or partiali ty to one set ofo show favoritism or partiality to one set ofworkers regardless of merit.orkers regardless of merit. To employ workmen as "badli s" casuals oro employ workmen as "badlis" casuals ortemporaries and to continue them as such foremporaries and to continue them as such foryears, with the object of depriving them ofears, with the object of depriving them ofthe status and privileges of permanenthe status and privileges of permanentworkmen.orkmen. To discharge or discriminate against anyo discharge or discriminate against anyworkman for fi l ing charges or testifyingorkman for fi l ing charges or testifying

against an employer in any enquiry orgainst an employer in any enquiry orproceeding relating to any industrial dispute.roceeding relating to any industrial dispute.


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Unfair-employer (contd.)

To recruit workmen during a strike which isnot an illegal strike.

Failure to implement award, settlement or

agreement. To indulge in acts of force or violence. To refuse to bargain collectively, in good

faith with the recognised trade unions.

Proposing or continuing a lock-out deemedto be illegal under this Act

UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICES

On the part of workmenOn the part of workmen


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On the part of workmenOn the part of workmen

advise, support or instigate any strike deemed toadvise, support or instigate any strike deemed tobe illegal under this Act.be illegal under this Act.

coerce workmen to join a trade union or refraincoerce workmen to join a trade union or refrainfrom joining any trade union,from joining any trade union,

picket in such a manner that non-strikingpicket in such a manner that non-strikingworkmen are physically debarred from enteringworkmen are physically debarred from enteringthe work placesthe work places

indulge in acts of force or violence or intimidationindulge in acts of force or violence or intimidationin connection with a strike against non-strikingin connection with a strike against non-strikingworkmen or against managerial staffworkmen or against managerial staff

Unfair- employeenfair- employee(contd.)contd.)


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For a recognised union to refuse to bargainor a recognised union to refuse to bargaincollectively in good fai th with the employer.ollectively in good faith with the employer. To indulge in coercive activit ies againsto indulge in coercive activities againstcertification of bargaining representative.ertification of bargaining representative. To stage, encourage or instigate such formso stage, encourage or instigate such formsof coercive actions as willful "go slow",f coercive actions as willful "go slow",

squat on the work premises or "gherao" ofquat on the work premises or "gherao" ofany of the members of the managerial orny of the members of the managerial orother staff.ther staff. To stage demonstrations at the residenceso stage demonstrations at the residencesof the employers or the managerial stafff the employers or the managerial staff

members.embers.


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Unfair- employee (contd.)

To motivate or indulge in willful

damage to employer's property.

To indulge in acts of force or violence

or to hold out threats of intimidation

against any workman with a view to

preventing him from attending work.

The Trade Unions Act, 1926The Trade Unions Act, 1926


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,,

An act to provide for theAn act to provide for the registrationregistration ofofTrade Unions and in certain respects toTrade Unions and in certain respects to

define the law relating to registered Tradedefine the law relating to registered Trade

Unions.Unions. It extends to the Whole of IndiaIt extends to the Whole of India


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Registration

The minimum number of workers to form a

registered Trade Union is 10% or 100

whichever is less, subject to a minimum of 7workers.

Ensure that the number of members does not

fall down the above requirement.

Sale Promotion EmployeesSale Promotion Employees

(Conditions of Service) Act 1976(Conditions of Service) Act 1976


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(Conditions of Service) Act, 1976(Conditions of Service) Act, 1976

An Act to regulate certain conditions ofAn Act to regulate certain conditions ofservice of sales promotion employees inservice of sales promotion employees in

certain establishments, in the firstcertain establishments, in the first

instance,instance, engaged in pharmaceuticalengaged in pharmaceuticalindustryindustry

It extends to the whole of IndiaIt extends to the whole of India

APPLICATION OF CERTAIN ACTS


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APPLICATION OF CERTAIN ACTS

Provides for APPLICATION OFCERTAIN ACTS, such asWorkmen's Compensation Act,

1923, Industrial Disputes Act, 1947,Minimum Wages Act, 1948,Maternity Benefit Act, 1961,Payment of Bonus Act, 1965 and

Payment of Gratuity Act, 1972TOSALES PROMOTION EMPLOYEES

THANK YOU


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THANK YOU

Date post:	05-Apr-2018
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