labour law- ppt 200-1

8/7/2019 Labour Law- Ppt 200-1

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SUDEEPTA PRADHAN

IMPORTANT LABOUR ANDIMPORTANT LABOUR AND

FACTORY LEGISLATIONS INFACTORY LEGISLATIONS IN

INDIAINDIA

PRESENTED BY,PRESENTED BY,

SUDEEPTA PRADHANSUDEEPTA PRADHAN


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SUDEEPTA PRADHAN

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 hasnothing to do with the provisions but has only to follow thedirections of the appropriate govt.


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SUDEEPTA PRADHAN

THE FACTORIES ACT, 1948THE FACTORIES ACT, 1948

Act which makes it obligatory on the partAct which makes it obligatory on the partof 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 workersemployed.employed.


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SUDEEPTA PRADHAN

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

9 hours in a day.9 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 a

day 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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SUDEEPTA PRADHAN

Factories Act now allows women to

work night shifts PROVIDED

adequate safeguards in the factory as

regards occupational safety andhealth,

equal opportunity for women workers,adequateprotection oftheirdignity,

honorand safety andtheirtransportation

from the factory premises to the nearest

point oftheir residence"are made.


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Leave with WagesLeave with Wages

@ 1day for every 20 days provided@ 1day for every 20 days provided ----------

240 days of work during preceding240 days of work during preceding

year.year.

Days of lay off, paid holidays or leave daysDays of lay off, paid holidays or leave days

consideredconsidered

Encashment of unavailed leave: EncashableEncashment of unavailed leave: Encashable

at the present rate of wages.at the present rate of wages.


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SUDEEPTA PRADHAN

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 similarentries as in Form 15)

Provide each worker an Attendance Card in

form 28 showing the particulars ofemployment

* shall be substituted by Electronic cards


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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 orvarnishing 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 everyworker 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 forcold water in every lunch room, rest room and canteen shall be

ensured.


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EMPLOYER TO ENSURE SAFETYEMPLOYER TO ENSURE SAFETY

OF WORKERSOF WORKERS Fencing of Machines and Moving parts ofmachinesFencing of Machines and Moving parts ofmachines

spindles, gears, pulleys, belts etcspindles, gears, pulleys, belts etc

Protection of eyes using screens or goggles fromProtection of eyes using screens or goggles fromexcessive light or infraexcessive light or infra--red or ultra violet radiationsred or ultra violet radiations

Precaution in case of Fire.Precaution in case of Fire.

No woman or young person shall, unaided byNo woman or young person shall, unaided byanother person, lift, carry ormove by hand or headanother person, lift, carry ormove by hand or headany material or tool exceeding the maximum limitany material 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 1000ormore workers are employed.ormore workers are employed.


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SUDEEPTA PRADHAN

EMPLOYER TO LOOK AFTER THEEMPLOYER TO LOOK AFTER THEWELFARE 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 arewhere 250 or more areemployedemployed (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 suchwelfare 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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REGISTERSTO BE MAINTAINEDREGISTERSTO 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 inform 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 personsemployed 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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SUDEEPTA PRADHAN

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 inform 8

Report of examination of Water sealed Gas holder inform 38

Report of Examination of Hoist or Lift in form 41

Certificate of Fitness for Dangerous Operations in form39


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SUDEEPTA PRADHAN

THE INDUSTRIALEMPLOYMENTTHE INDUSTRIALEMPLOYMENT

(ST

ANDINGO

RDE

R) ACT,

1946(ST

ANDINGO

RDE

R) ACT,

1946 Defines the terms and conditions ofDefines the terms and conditions of

service between the employer andservice between the employer andhis employeeshis employees..

Applies to every industrial establishmentApplies to every industrial establishmentwherein 100 (in some States 50)or morewherein 100 (in some States 50)or moreworkers are employedworkers are employed

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


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SUDEEPTA PRADHAN

SIGNIFICANCE

Terms ofappointment order issuedto

an employeecannotcircumventtheprovisions ofcertified standing order.

Therefore, it is always desirableto get

standing orders draftedandcertifiedasit regulates the relationshipbetween

theemployerandtheemployee.


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SUDEEPTA PRADHAN

Standing Orderdrafted shallprovide for

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

remain in force Definitions

Classification of workmen asPermanent, Probationer, Badlis,

Casual and Trainees


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SUDEEPTA PRADHAN

contd Obligations

not to carryon any other business for gain orto take admission in educational institutionwithout permission

to observe strict secrecy of company matters

not to take photographs, drawing ordocuments of the process ofmanufacture ofthe company

not to carry any lethal weapon, explosive orarticle 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 ofMedical examination and aid in case of

accidentaccidentIdentification 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 experienceEntry, exit and liability for security checkingEntry, exit and liability for security checking

Shift 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 leaveand extension of leaveand extension of leave

Action 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

ResignationResignation notice or payment in lieunotice 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 formisconductDisciplinary action formisconduct

Punishment formisconduct and procedure forPunishment formisconduct 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 ofStanding orderAmendment ofStanding order Exhibition of NoticesExhibition of Notices as whether if putas whether if put

in the Notice Board or notin the Notice Board or not


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SUDEEPTA PRADHAN

THE MATERNITY BENEFIT ACT,THE MATERNITY BENEFIT ACT,

19611961

The Act extends to the whole of IndiaThe Act extends to the whole of Indiaexcept Jammu & Kashmirexcept Jammu & Kashmir

Applies to every factory, shop orApplies to every factory, shop orestablishmentestablishment

Woman entitled to maternity benefitWoman entitled to maternity benefitnot withstanding the application ofnot withstanding the application ofthe Employees State Insurance Act,the Employees State Insurance Act,19481948


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SUDEEPTA PRADHAN

Employer to ensure No woman works during the sixweeks immediately following theday of her delivery or her

miscarriage 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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SUDEEPTA PRADHAN

Eligibility

Work of 160 days in the 12 months

immediately preceding the date of

delivery.

Leave days & lay offs taken asworked.


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SUDEEPTA PRADHAN

Benefit

12 weeks leave of which not more than 6weeks shall precede the date of her expecteddelivery

The benefit to be paid @ average rate ofwages for the three months preceding hermaternity leave

In case of miscarriage, 6 weeks leave withpay at the same rate as applicable tomaternity benefit.


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SUDEEPTA PRADHAN

THE MINIMUM WAGES ACT,THE MINIMUM WAGES ACT,

19481948 AN ACT TO PREVENT SWEATED LABOUR ANDAN ACT TO PREVENT SWEATED LABOUR AND

EXPLOITATION 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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SUDEEPTA PRADHAN

Responsibility ofthe 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 detailsto be given to every employee.


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SUDEEPTA PRADHAN

THE WORKING JOURNALISTS (FIXATION OFTHE WORKING JOURNALISTS (FIXATION OF

RATESOF WAGES) ACT, 1958RATESOF WAGES) ACT, 1958

Provides forthe fixation of wages in respect of WorkingProvides forthe fixation of wages in respect of Working

Journalists and for matters connectedtherewithJournalists and for matters connectedtherewith


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SUDEEPTA PRADHAN

PAYMENTOF WAGES ACT, 1936PAYMENTOF 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 restswith 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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SUDEEPTA PRADHAN

Time of Payment of wages

7th day of wage month whereless than

1000 are working

10th

day where morethan 1000 areworking

No payment in KIND


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SUDEEPTA PRADHAN

Permissiblededuction from Wages

fines for absence from duty

for damage caused to the property of theemployer

for the amenities provided, like house

accommodation for recovery of advance or adjusting over

payment of wages

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

the Standing Orders of the establishment forLife Insurance/ general insurance policies

and Housing loan.


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SUDEEPTA PRADHAN

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 theemployees during the period ofemployees during the period ofsuspensionsuspension

Extends to the whole of KeralaExtends to the whole of Kerala


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SUDEEPTA PRADHAN

Suspension

Any interim decision ofan employerdebarringan employeetemporarily fromattendinghis office


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Payment of SubsistencePayment of Subsistence

AllowanceAllowance 50% of wages forthe first ninety days of50% of wages forthe first ninety days of

suspensionsuspension

75% of wages fortheperiodbeyond75% of wages fortheperiodbeyondninety daysninety days

Full wages fortheperiodbeyond oneFull wages fortheperiodbeyond one

hundredandeighty dayshundredandeighty days


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SUDEEPTA PRADHAN

Noteligible for Subsistence

Allowance

An employeeplacedunder suspension

notentitled for subsistenceallowance if

heaccepts employmentduringthe

period of suspension


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SUDEEPTA PRADHAN

THEPAYMENTOF BONUS ACT,THEPAYMENTOF 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 moreare employedare employed

The Appropriate Govt. shall apply the Act to anyThe Appropriate Govt. shall apply the Act to anyother 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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SUDEEPTA PRADHAN

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 very person 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 theFor calculating the

number of working daysnumber of working days thedays for whichthe workerhas beenthedays for whichthe workerhas been

laid offlaid off

thedays hehas been on leave withpaythedays hehas been on leave withpay

thedays hehas been absentduetothedays hehas been absentdueto

temporary disablementcausedby antemporary disablementcausedby an

employment injuryemployment injury

thedays a woman employeehas been onthedays a woman employeehas been on

maternity leavematernity leave

shallbetaken in to account.shallbetaken in to account.


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SUDEEPTA PRADHAN

Rate of Bonus

Minimum :8.33% of salary/wages

Maximum 20% of salary/wages Computation of bonus as perSchedule I to IV

of the Act.

Adjust any interim bonus paid while making

payment of the final bonus.


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SUDEEPTA PRADHAN

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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SUDEEPTA PRADHAN

THEPAYMENTOF GRATUITYTHEPAYMENTOF GRATUITY

ACT, 1972ACT, 1972

The Kerala Industrial Employees Payment ofThe Kerala Industrial Employees Payment ofGratuity Act, 1970, followed by the WestGratuity Act, 1970, followed by the WestBengal Employees Payment of CompulsoryBengal Employees Payment of Compulsory

Gratuity Act, 1971 and the intention of theGratuity Act, 1971 and the intention of theother States to have similarActs in theirotherStates tohave similarActs in theirrespective statesnecessitated therespective statesnecessitated the CentralActCentralActsoastoavoiddifferenttreatmenttosoastoavoiddifferenttreatmenttoemployeesofestablishmentshaving branchesemployeesofestablishmentshaving branchesinmore thanone stateswhoare subjecttoinmore thanone stateswhoare subjecttotransferfromone state toanother.transferfromone state toanother.


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SUDEEPTA PRADHAN

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 ormore workers are employed.more workers are employed.

G i i i h fG i i i h f


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SUDEEPTA PRADHAN

Gratuity is in the nature of aGratuity is in the nature of a

retirement benefit payable to anretirement benefit payable to an

employee foremployee for a long and meritoriousa long and meritoriousserviceservice..

It is not paid to an employee gratuitously orIt is not paid to an employee gratuitously or

merely as a matter of boon. It is paid for themerely as a matter of boon. It is paid for theservice rendered by him to the employerservice rendered by him to the employer (Delhi(Delhi

Cloth and General Mills Co; Ltd Vs TheCloth and General Mills Co; Ltd Vs The

Workmen)Workmen)

Then why it should necessarily be denied toThen why it should necessarily be denied to

him when an employee is dismissed forhim when an employee is dismissed for

misconduct at a latter stage of service ???misconduct at a latter stage of service ???


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SUDEEPTA PRADHAN

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 ordisablementdueto employment

injury ordisease


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SUDEEPTA PRADHAN

News paperemployees

The Working Journalists and Other

NewspaperEmployees (Conditions of

service) and Miscellaneous Provisions

Act, 1955, provides for payment of

gratuity.

As such,three years of continuous

service is required for eligibility forGratuity.


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SUDEEPTA PRADHAN

Thepayment ofgratuity shallbe

forfeited

to the extent of the damage or

loss caused by the employee to

the property of the employerwhere the service of the

employee is terminated due to

misconduct


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SUDEEPTA PRADHAN

Rate of gratuity

15 days wages for every completedyear of service

Rates applicable to WorkingJournalists depends upon the serviceof the employee as provided in theWorking Journalists and Other

Newspaper Employees (Conditions ofservice) and Miscellaneous ProvisionsAct, 1955


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SUDEEPTA PRADHAN

The average pay of the monthly ratedThe average pay of the monthly ratedemployee shall be taken byemployee shall be taken by

dividing the monthly salary/ wages bydividing the monthly salary/ wages by

26 and26 and not by 30not by 30


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Piece rate workers andPiece rate workers and

Seasonal establishmentsSeasonal establishments 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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SUDEEPTA PRADHAN

Salary ceiling

The Amendment Act of1994 removed the salaryceiling of an employee,but the maximum

gratuity payable shall beRs 3.5 lakh.


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SUDEEPTA PRADHAN

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 orderto beeligible forgratuity,

employee shouldhaveatleast five

continuous years of service with

theemployer


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SUDEEPTA PRADHAN

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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SUDEEPTA PRADHAN

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 months shall 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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SUDEEPTA PRADHAN

THE INTERSTATE MIGRANTTHE INTERSTATE MIGRANT

WORKMEN (REGULATION OFWORKMEN (REGULATION OFEMPLOYMENT ANDEMPLOYMENT AND

CONDITIONSOF SERVICE) ACTCONDITIONSOF SERVICE) ACT

19791979

Act to regulate the employment of interstateAct to regulate the employment of interstatemigrant workers and to provide for theirmigrant workers and to provide for theirconditions of service.conditions of service.


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SUDEEPTA PRADHAN

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 andevery contractor who employs(whether or not in addition to other workmen)

5 or more interstate migrant worker.


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SUDEEPTA PRADHAN

Interstate migrant worker

An interstate migrant worker means

anyperson who is recruited byor

through a contractor in the state under

an agreementor arrangementfor

employmentin an establishmentin

another state, whether with or without

the knowledge of the principalemployer.


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SUDEEPTA PRADHAN

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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Employerto ensureEmployerto ensure

Regularpayment,equalpay forequalRegularpayment,equalpay forequalwork irrespective of sex, suitablework irrespective of sex, suitableconditions of work, medical facilities,conditions of work, medical facilities,protectiveclothingetc shallbeensuredtoprotectiveclothingetc shallbeensuredto

such workmen.such workmen.Thecontractorto maintain register ofThecontractorto maintain register ofmigrantemployees, send report ofmigrantemployees, send report ofaccidents,half yearly returns (From 23)accidents,half yearly returns (From 23)

andannual returns (Form 24)andannual returns (Form 24)EmployercontraveningtheprovisionsEmployercontraveningtheprovisionsliable forpunishment of imprisonment orliable forpunishment of imprisonment orfine orbothfine orboth


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SUDEEPTA PRADHAN

THEEQUAL REMUNERATIONTHEEQUAL 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 ofemployer to pay equal remuneration to menemployer to pay equal remuneration to menand women workers for same work or workand women workers for same work or workof a similar nature.of a similar nature.

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

prevailing wages shall not be reduced butprevailing wages shall not be reduced butthe higher rate shall be maintainedthe higher rate shall be maintained..

No discriminationNo discrimination


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No discriminationNo discrimination

No discrimination while makingNo discrimination while makingrecruitment 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 law forrestricted by or under any law forthe time being in forcethe time being in force..

NoNo discriminationdiscrimination in any conditionin any conditionof service subsequent toof service subsequent torecruitment such asrecruitment such as promotions,promotions,training or transfer.training or transfer.


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SUDEEPTA PRADHAN

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 areundergoing apprenticeship training inundergoing apprenticeship training indesignated trades.designated trades.

From time to time, the Central Govt. hasFrom time to time, the Central Govt. hasspecified the designated trades.specified the designated trades.


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SUDEEPTA PRADHAN

Contract of apprenticeship

A contract ofapprenticeshiptraining is

entered in to between theemployerandthe

apprentice or, ifhe is a minor,guardian ofthe

apprentice.

Thecontract ofapprenticeshiptraining is to

be sentto the Apprenticeship Adviser ofthe

respectivearea.


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SUDEEPTA PRADHAN

Termination oftraining

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 ApprenticeshipAdviser


64/140


NUMBER OF APPRENTICESNUMBER OF APPRENTICES

Depends onDepends on the ratio of tradethe ratio of tradeapprentices to workersapprentices to workers other thanother thanunskilled workersunskilled workers and the facilitiesand the facilities

availableavailable and that may be madeand that may be madeavailable by the employeravailable by the employer forfortrainingtraining the apprentices.the apprentices.


65/140

SUDEEPTA PRADHAN

Duties of the employer

Make suitable arrangements for impartingpractical training

Provide for basic training.

Where an employer employs 500 or more

workers, 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


66/140


ITIsITIs

if theif the numbernumberof apprentices to be trained isof apprentices to be trained is lesslessthan twelvethan twelve, then the employermay depute such, then the employermay depute such

apprentices 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 asGovernment on such training, at such rate as

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


67/140

SUDEEPTA PRADHAN

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.


68/140


EMPLOYERSEMPLOYERS to ensureto ensure

Placement of Training Officer withPlacement of Training Officer withsuitable qualificationsuitable qualification

Payment of stipend at a rate not lessPayment of stipend at a rate not lessthan the prescribed minimum ratethan the prescribed minimum rate

Not to pay on the basis of piece workNot to pay on the basis of piece work

Not toNot to require to take part in anyrequire to take part in anyoutputoutput bonus or other incentivebonus or other incentiveschemescheme


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SUDEEPTA PRADHAN

Employer to ensure (contd.)

HEALTH,SAFETY AND WELFAREOF APPRENTICES

Not to require or allow overtime

except with the approval of theApprenticeship Adviser.

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


70/140

SUDEEPTA PRADHAN

disputes Any disagreement or dispute

between an employer and an

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

Adviser for decision.


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SUDEEPTA PRADHAN

Obligation for employment It shall not be obligatory on the part

of the employer to offer anyemployment to any apprentice who

has completed the period of hisapprenticeship training in his

establishment,

nor shall it be obligatory on the partof the apprentice to accept anemployment under the employer.


72/140

SUDEEPTA PRADHAN

THE WORKMENSTHE WORKMENS

COMPENSATION ACT, 1923COM

PENSATION ACT, 1923

The Act provides for payment ofThe Act provides for payment ofcompensation to the worker injuredcompensation to the worker injuredduring the course of employment orduring the course of employment orcontracted by any occupationalcontracted by any occupationaldisease peculiar to that employmentdisease peculiar to that employment

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


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SUDEEPTA PRADHAN

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

equalto fifty percent ofthe monthlywages ofthedeceased workmanmultipliedby the relevant factor; oranamount ofeighty thousand rupees,whichever is more

* for permanenttotaldisablement,anamountequalto sixty percent ofthe

monthly wages ofthe injured workmanmultipliedby the relevant factor, oranamount of ninety thousand rupees,whichever is more.


74/140

SUDEEPTA PRADHAN

The maximum compensation as per

W.C. Amendment Act 2000

Fatal Injury - Rs.4,57,080

Permanent Total Disablement -

Rs.5,48,496 Permanent Partial Disablement -

Accordingto incapacity caused

Temporary Disablement - Rs.2000 permonthupto aperiod of5 years


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SUDEEPTA PRADHAN

ESI Corporation and Workmen

compensation

The liability of payment of

compensation shifted from theemployer to the Employees State

Insurance Corporation

EMPLOYEES STATEEMPLOYEES STATE


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SUDEEPTA PRADHAN

EMPLOYEESSTATEEMPLOYEESSTATE

INSURANCE ACT, 1948INSURANCE ACT, 1948

Act extends to the whole of India, HoweverAct extends to the whole of India, However

The ESI Scheme is being implemented areaThe ESI Scheme is being implemented area--wise by stages.wise by stages.

The Scheme has already been implemented inThe Scheme has already been implemented indifferent areas in all States/Union Territoriesdifferent areas in all States/Union Territoriesexcept Nagaland, Manipur, Tripura, Sikkim,except Nagaland, Manipur, Tripura, Sikkim,

Arunachal Pradesh and Mizoram and UTs ofArunachal Pradesh and Mizoram and UTs of

Delhi, Chandigarh and PondicherryDelhi, Chandigarh and Pondicherry


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SUDEEPTA PRADHAN

ESI Act* Applies to factories and

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

*P

rovides 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.


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SUDEEPTA PRADHAN

Employees coveredEmployees covered

All employees drawing salary of RsAll employees drawing salary of Rs

10,000 or less are covered10,000 or less are covered

(w.e.f 1(w.e.f 1--1010--2006)2006)


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ContributionContribution

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/Rs.70/--(w.e.f 1(w.e.f 1--88--07) are exempted from payment07) 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.


80/140


81/140

SUDEEPTA PRADHAN

ESI Benefits

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

disabled/retired IP Super specialist treatment Sickness Benefit

Maternity BenefitDisablement BenefitDependant benefitFuneral ExpensesOld age medi careRehabilitation

Employer to maintain and file


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SUDEEPTA PRADHAN

Employer to maintain and file

the following books and returns. 1. Form 7 (Register ofEmployees showing the

details of Gross wages,ESI contributiondeducted, Contribution by the Employer and totalfor the contribution 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 thecontribution period (with similar entries as inregister of employees Form 7)

6. Accident report in form 16. (similar to Form 18 tobe furnished to the Inspector of Factories andBoilers)

EMPLOYEESPROVIDENT FUNDEMPLOYEESPROVIDENT FUND


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SUDEEPTA PRADHAN

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

19521952

An Act to provide for the institution ofAn Act to provide for the institution ofprovident funds, pension funds andprovident funds, pension funds anddeposit linked insurance fund for thedeposit linked insurance fund for theemployees in the factories and otheremployees in the factories and otherestablishmentsestablishments

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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ApplicabilityApplicabilityApplies to all factories andApplies to all factories and

establishments in whichestablishments in which 20 or20 ormore are employedmore are employed

Continuity of applicationContinuity of application ExemptionExemption Where employees get benefitsWhere employees get benefits

in the nature of provident fund orin the nature of provident fund or

old age pension fund from theold age pension fund from theestablishment which are not lessestablishment which are not lessfavourable than the benefitsfavourable than the benefitsunder the Act.under the Act.


85/140

SUDEEPTA PRADHAN

Schemes under the ActThreebeneficial schemes-

1.Employees Provident Fund Scheme1952

2.Employees Pension Scheme 1995

3.Employees Deposit Linked Insurance1976


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SUDEEPTA PRADHAN

membership

An employee at the time of joining the

employment and getting wages up to

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

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

covered establishment.


87/140


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 chargesAdministration 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.

D ti f l


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SUDEEPTA PRADHAN

Duties ofemployer Employer to furnish information about:

(a) Ownership and names of responsiblepersons of 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 requiredunderPara 76 of the scheme


90/140

SUDEEPTA PRADHAN

Benefits to employees

Provident Fund Benefits

Pension Benefits Death Benefits

P id t F d B fit


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SUDEEPTA PRADHAN

Provident Fund Benefits Employeralso contributes to Members PF @

3.67% (1.67% in case of sick industry - eg:beedi)

EPFO guarantees the Employercontribution andGovt.gives adecent interestto PF accumulations

Membercan withdraw from this accumulations to

cater financialexigencies in life - No needtorefundunless misused

On r esignation,the membercan settletheaccount.i.e.,the membergets his PF contribution, Employer

Contribution and Interest

Pension BenefitsPension Benefits


92/140

SUDEEPTA PRADHAN

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 a

membermember

This is issued if the member has not attained the ageThis is issued if the member has not attained the age

of 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 the

certificate 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 can

apply 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 if

a 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)

P i b fit ( td )P i b fit ( td )


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Pension benefit (contd.)Pension benefit (contd.)

Withdrawal BenefitWithdrawal Benefit if not eligible for pension, member may withdrawif not eligible for pension, member may withdrawthe amount accumulated in his pension accountthe amount accumulated in his pension account

the calculation of this amount is based only on (i)the calculation of this amount is based only on (i)Last average salary and (ii) Service (Not based onLast average salary and (ii) Service (Not based on

actual amount available in Pension Fund Account)actual 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 hasnot 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 FamilyProvident Fund Amount to Family

(or to Nominee)(or 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 byper the information submitted bythe member at this office throughthe member at this office through

FORMFORM--22

THE PLANTATION LABOUR ACTTHE PLANTATION LABOUR ACT


95/140

SUDEEPTA PRADHAN

THEPLANTATION LABOUR ACTTHEPLANTATION LABOUR ACT

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 THECONDITIONS OF WORK, INCONDITIONS OF WORK, IN

PLANTATIONSPLANTATIONS

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


96/140


ApplicabilityApplicability

Applies to any land used or intended to beApplies to any land used or intended to beused for growing tea, coffee, rubber,used for growing tea, coffee, rubber,cinchona or cardamom or any other plantcinchona or cardamom or any other plantwhichwhich measures 5 hectares or more andmeasures 5 hectares or more and

in which 15 or more workers arein which 15 or more workers areemployedemployed on any day of the preceding 12on any day of the preceding 12months.months.

The State Government by notification canThe State Government by notification can

apply this law to any other land even if itapply this law to any other land even if itmeasures less than 5 hectares andmeasures less than 5 hectares andemploys less than 15 workers.employs less than 15 workers.

Duties of the Employer


97/140

SUDEEPTA PRADHAN

Duties of the Employer Provision of:

Drinking Water Separate Toilets for Men and Women

Medical facilities to the workmen and their family

Canteen where 150 ormore workers are employed

Crches where 50 ormore women workers are

employed or where the number of children of womenworkers is 20 ormore

Recreational facilities

Educational Facilities where children between theages of six and twelve of workers employed in any

plantation exceed twenty five. Housing facility

Welfare Officerwhere three hundred ormore workersare employed.

Hours of work and Limitations ofHours of work and Limitations of


98/140


Hours of work and Limitations ofHours of work and Limitations of

employmentemployment Hours of workHours of work 48 hours per week which can be48 hours per week which can be

extended 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 workersbetween 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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SUDEEPTA PRADHAN

THE INDUSTRIAL DISPUTESTHE INDUSTRIAL DISPUTES

ACT, 1947ACT, 1947

An Act to make provision for theAn Act to make provision for theinvestigation and settlement ofinvestigation and settlement ofindustrial disputes, and for certainindustrial disputes, and for certainother purposes.other purposes.

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


100/140

SUDEEPTA PRADHAN

Industrial disputeIndustrial dispute

Any dispute orAny dispute or differencedifference betweenbetweenemployers and employers, oremployers and employers, orbetween employers and workmen, orbetween employers and workmen, or

between workmen and workmenbetween workmen and workmen,,which is connected with the employmentwhich is connected with the employmentor nonor non--employment or the terms ofemployment 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


101/140


AUTHORITIES UNDER THIS ACTAUTHORITIES UNDER THIS ACT

Works CommitteeWorks Committee

Conciliation officersConciliation officers

Boards of ConciliationBoards of Conciliation

Courts of InquiryCourts of Inquiry

Labour CourtsLabour Courts

TribunalsTribunals

National TribunalsNational Tribunals

W k C itt


102/140

SUDEEPTA PRADHAN

Works Committee

Where?: Establishments with 100

or more workers

Members: Equal number ofrepresentatives ofthe Employer

and Employees

Objective: promotion ofgoodrelationshipbetween employer

andemployee(s)

C ili ti ffiC ili ti ffi


103/140


Conciliation officersConciliation officers

Appointedby theappropriateGovernment

Duty: Settlement of industrial

disputes. Nature:Appointed fora specified

area or for specified industries in a

specifiedarea or for one or morespecified industries andeither

permanently or foralimitedperiod.


104/140

SUDEEPTA PRADHAN

Boards of Conciliation Appointed by the appropriate

Government as occasion arises for

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

C f i


105/140

SUDEEPTA PRADHAN

Courts of Inquiry

Constitutedby theappropriate Government

as occasion arises for inquiring into any

matterappearingto beconnected with or

relevantto an industrialdispute

L b C t


106/140

SUDEEPTA PRADHAN

Labour Courts

Labour Courts areconstitutedby the

appropriate Govt. fortheadjudication of

industrialdisputes relatingto any matter

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

assignedto them underthis Act.

Tribunals


107/140

SUDEEPTA PRADHAN

Tribunals

Tribunals areconstitutedby the

appropriate Govt. fortheadjudication of

industrialdisputes relatingto any matter

specified in the Second Schedule ortheThird Schedule and forperforming such

other functions as may beassignedto

them underthis Act.

N ti l T ib l


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SUDEEPTA PRADHAN

National Tribunals

National Tribunals are constitutedby the

Central Government fortheadjudication of

industrialdisputes which, in the opinion of

the Central Government, involvequestionsof national importance orare of sucha

naturethat industrialestablishments

situated in morethan one State arelikelyto be interested in, oraffectedby 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 LabourCourtsCourts (the II Schedule)(the II Schedule)

1.The propriety or legality of an order passed1.The propriety or legality of an order passedby an employer under the standing orders;by an employer under the standing orders;

2.The application and interpretation of2.The application and interpretation ofstanding order;standing order;

3.Discharge or dismissal of workmen3.Discharge or dismissal of workmenincluding reincluding re--instatement of, or grant of reliefinstatement of, or grant of reliefto, workmen wrongfully dismissed;to, workmen wrongfully dismissed;

4.Withdrawal of any customary concession or4.Withdrawal of any customary concession orprivilege;privilege;

5.Illegality or otherwise of a strike or lock5.Illegality or otherwise of a strike or lock--out; andout; and

6.All matters other than those specified in6.All matters other than those specified inthe Third Schedule.the Third Schedule.

Matters within the Jurisdiction ofMatters within the Jurisdiction of


110/140


Matters within the Jurisdiction ofMatters within the Jurisdiction of

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 inaccordance with standing ordersaccordance with standing orders;;

III h d l ( td )


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SUDEEPTA PRADHAN

III schedule (contd.)

7.Classification by grades;

8.Rules of discipline;

9.Rationalisation;

10.Retrenchment of workmen and

closure of establishment; and

11.Any othermatter that may be

prescribed.

Prohibition of strikes and


112/140

SUDEEPTA PRADHAN

lock outs

Notto strike withoutgiving six weeksnotice of strikeandduringthependency ofany conciliation proceedings

Notto declarelock-out withoutgivingtotheemployees six weeks notice oflock outandduringthependency ofanyconciliation proceedings

A strike orlock-out shallbe illegal if it iscommenced ordeclared in contraventionoftheabove.

Notto support ofany illegal strike orlock-out

LAYLAY OFF AND RETRENCHMENTOFF AND RETRENCHMENT


113/140

SUDEEPTA PRADHAN

LAYLAY--OFF AND RETRENCHMENTOFF AND RETRENCHMENT

No workman (other than a badli workmanNo workman (other than a badli workmanor a casual workman) whose name is borneor a casual workman) whose name is borneon the musteron the muster--rolls of an industrialrolls of an industrial

establishment whereinestablishment wherein 50 or more50 or moreworkers are employedworkers are employed shall be laidshall be laid--off byoff byhis employer except with the priorhis employer except with the prior

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


114/140

SUDEEPTA PRADHAN

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 bepaid for the weekly holidays which

may intervene

Continuous Service


115/140

SUDEEPTA PRADHAN

Continuous Service An employee is in continuous service in a calendar

year provided he has worked for190 days in case employee is employed

below the ground and

240 days in any other case.

The days he/she has been

laid offunder an agreement or under the ID Act oras 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


116/140


compensation in certain casescompensation in certain cases

When a worker refuses to accept alternativeWhen a worker refuses to accept alternativeemployment 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 ofmiles of the establishment.within 5 a radius ofmiles of the establishment.

When a worker does not present himself forWhen a worker does not present himself forwork at the establishment at the appointedwork at the establishment at the appointedtime during normal working hours at leasttime during normal working hours at leastonce a dayonce a day

When such layingWhen such laying--off is due to a strike oroff is due to a strike or

slowingslowing--down of production on the part ofdown of production on the part ofworkmen in another part of the establishmentworkmen in another part of the establishment


117/140

SUDEEPTA PRADHAN

Retrenchment of workmen

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

than 50 workers are employed) in writingindicating the reasons for retrenchment or

if no notice is given, wages in lieu of suchnotice.

Retrenchment of workmen employed in an

establishment wherein not less than 50workers are employed requires permissionfrom the appropriate Govt.

RetrenchmentRetrenchment


118/140


RetrenchmentRetrenchment

CompensationCompensation Fifteen days average pay forFifteen days average pay for

every year (or part thereof inevery year (or part thereof in

excess of six months) of hisexcess of six months) of hisserviceservice

THIS IS APARTFROMTHE GRATUITYTHIS IS APARTFROMTHE GRATUITYPAYABLE UNDER THE PAYMENTOFPAYABLE UNDER THE PAYMENTOFGRATUITY ACTGRATUITY ACT


119/140

SUDEEPTA PRADHAN

Compensation to workmen in case of

transfer ofundertakings

every workman shallbeentitledto noticeand

compensation as ifthe workman hadbeenretrenched.

No compensation on transfer


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SUDEEPTA PRADHAN

p

provided

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

2 . the terms and conditions of serviceapplicable to the workman after such

transfer 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 to

close down any undertakingclose down any undertaking


121/140


close down any undertakingclose down any undertaking

An employer who intends to close down anAn employer who intends to close down anundertaking shall giveundertaking shall give at least sixty days noticeat least sixty days notice(Ninety days wherein not less than 50 workers(Ninety days wherein not less than 50 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 toThis section shall not apply to--

(a) an undertaking in which less than fifty(a) an undertaking in which less than fiftyworkmen 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,construction of buildings, bridges, roads,canals, dams or for other construction work orcanals, dams or for other construction work orproject.project.

Compensation to workmen in case of


122/140

SUDEEPTA PRADHAN

closing down of undertakings

Compensation be paid as if workmen are

retrenched

However no compensation is payable ifthe

establishment is closeddown on account of

unavoidable circumstances beyond the

control of the employer

TheseThese shall notshall not constituteconstitute


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SUDEEPTA PRADHAN

circumstances beyond the controlcircumstances beyond the control

financial difficulties (including financialfinancial difficulties (including financial

losses); orlosses); or

accumulation of undisputed off stocks; oraccumulation of undisputed off stocks; or

the expiry of the period of the lease orthe expiry of the period of the lease or

license granted to it; orlicense granted to it; or

in case where the undertaking is engaged inin case where the undertaking is engaged in

mining operations, exhaustion of themining operations, exhaustion of theminerals in the area in which operations areminerals in the area in which operations are

carried oncarried on

Procedure for retrenchment and

l t


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SUDEEPTA PRADHAN

re employment

Retrench the last worker to be

appointed under a particular category

first

For re-employment, retrenched

worker shall have preference over

other persons

RECOVERYOFMONEY DUERECOVERYOFMONEY DUEFROM AN EMPLOYER (FROM AN EMPLOYER ( titi


125/140

SUDEEPTA PRADHAN

FROM AN EMPLOYER (FROM AN EMPLOYER (sectionsection

33 C of ID Act33 C of ID Act))Any sum due from the employer underAny sum due from the employer under

a settlement or an award isa settlement or an award isrecoverable in the same manner as anrecoverable in the same manner as anarrear of land revenuearrear of land revenue

Application by the employee to beApplication by the employee to bereceived within ONE year.received within ONE year.

Any sum capable of being computed inAny sum capable of being computed interms of money shall be recoveredterms of money shall be recoveredfrom the employer with thefrom the employer with theintervention of Labour Court.intervention of Labour Court.

UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICES


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On the part of employersOn the part of employers

threatening workmen with discharge orthreatening workmen with discharge or

dismissal, if they join a trade uniondismissal, if they join a trade union

threatening a lockthreatening a lock--out or closure, if a trade unionout 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

UnfairUnfair--employer (contd.)employer (contd.)


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SUDEEPTA PRADHAN

p y ( )p y ( )

To establish employerTo establish employer--sponsored trade unionssponsored trade unionsof workmenof workmen

discharging or punishing a workman, becausedischarging or punishing a workman, becausehe urged other workmen to join or organise ahe urged other workmen to join or organise a

trade uniontrade union discharging or dismissing a workman for takingdischarging or dismissing a workman for taking

part in any strike (not being a strike which itpart in any strike (not being a strike which itdeemed to be an illegal strike under this Act)deemed to be an illegal strike under this Act)

changing seniority rating of workmen becausechanging seniority rating of workmen becauseof trade union activitiesof trade union activities



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p y ( )p y ( )

refusing to promote workmen to higherrefusing to promote workmen to higher

posts on account of their trade unionposts on account of their trade unionactivitiesactivities

giving unmerited promotions to certaingiving unmerited promotions to certainworkmen with a view to creating frictionworkmen with a view to creating friction

amongst other workmen, or to undermineamongst other workmen, or to underminethe strength of their trade unionthe strength of their trade union

discharging office bearers or activedischarging office bearers or activemembers of the trade union on account ofmembers of the trade union on account of

their trade union activitiestheir trade union activities



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To discharge or dismiss workmenTo discharge or dismiss workmen

by way of victimisation;by way of victimisation;by falsely implicating a workman in a criminalby falsely implicating a workman in a criminalcase on false or fabricated evidence;case on false or fabricated evidence;

on untrue allegations of absence without leave;on untrue allegations of absence without leave;

in utter disregard of the principles of naturalin utter disregard of the principles of natural

justice in the conduct of domestic enquiry orjustice in the conduct of domestic enquiry orwith undue haste;with undue haste;

formisconduct of a minor or technical character,formisconduct of a minor or technical character,without having any regard to the nature of thewithout having any regard to the nature of theparticularmisconduct or the past record ofparticularmisconduct or the past record of

service of the workman.service of the workman.

U f iU f i l ( td )l ( td )


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To abolish the work of a regular nature beingTo abolish the work of a regular nature beingdone by workmen, and to give such work todone by workmen, and to give such work tocontractors as a measure of breaking a strike.contractors as a measure of breaking a strike.

To transfer a workman mala fide from oneTo transfer a workman mala fide from oneplace to another, under the excuse ofplace to another, under the excuse of

following management policy.following management policy. To insist upon individual workmen, who areTo insist upon individual workmen, who are

on a legal strike to sign a good conduct bond,on a legal strike to sign a good conduct bond,as a precondition to allowing them to resumeas a precondition to allowing them to resumework.work.



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SUDEEPTA PRADHAN

To show favoritism or partiality to one set ofTo show favoritism or partiality to one set of

workers regardless of merit.workers regardless of merit. To employ workmen as "badlis" casuals orTo employ workmen as "badlis" casuals or

temporaries and to continue them as such fortemporaries and to continue them as such foryears, with the object of depriving them of theyears, with the object of depriving them of the

status and privileges of permanent workmen.status and privileges of permanent workmen. To discharge or discriminate against anyTo discharge or discriminate against any

workman for filing charges or testifying againstworkman for filing charges or testifying againstan employer in any enquiry or proceedingan employer in any enquiry or proceeding

relating to any industrial dispute.relating to any industrial dispute.


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SUDEEPTA PRADHAN

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 goodfaith with the recognised trade unions.

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

UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICES


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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 nonpicket in such a manner that non--strikingstrikingworkmen are physically debarred from enteringworkmen are physically debarred from enteringthe work placesthe work places

indulge in acts of force or violence orindulge in acts of force or violence orintimidation in connection with a strike againstintimidation in connection with a strike againstnonnon--striking workmen or against managerialstriking workmen or against managerialstaffstaff

UnfairUnfair-- employee (contd.)employee (contd.)


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For a recognised union to refuse to bargainFor a recognised union to refuse to bargain

collectively in good faith with the employer.collectively in good faith with the employer. To indulge in coercive activities againstTo indulge in coercive activities against

certification of bargaining representative.certification of bargaining representative.

To stage, encourage or instigate such formsTo stage, encourage or instigate such formsof coercive actions as willful "go slow", squatof coercive actions as willful "go slow", squat

on the work premises or "gherao" of any ofon the work premises or "gherao" of any ofthe members of the managerial or otherthe members of the managerial or otherstaff.staff.

To stage demonstrations at the residences ofTo stage demonstrations at the residences ofthe employers or the managerial staffthe employers or the managerial staff

members.members.


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SUDEEPTA PRADHAN

Unfair- employee (contd.)

To motivate or indulge in willful

damage to employer's property.

To indulge in acts of force orviolence 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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SUDEEPTA PRADHAN

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

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

Registration

The minimum number of workers to form a

registered Trade Union is 10% or 100

whichever is less, subjectto a minimum of7workers.

Ensurethatthe number of members does

not falldown theabove requirement.

Sale Promotion EmployeesSale Promotion Employees

(C diti f S i ) A t 1976(C diti f S i ) A t 1976


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SUDEEPTA PRADHAN

(Conditions ofService) Act, 1976(Conditions ofService) Act, 1976

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


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SUDEEPTA PRADHAN

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, 1972 TOSALES PROMOTION EMPLOYEES


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THANK YOU

labour law- ppt 200-1

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