The Employee’s Provident Fund And Miscellaneous Provisions Act, 1952
The Employee State Insurance Act, 1948
The Equal Remuneration Act, 1938
The Industrial Disputes Act, 1947
The Factory Act, 1948
The Minimum Wages Act, 1948
The Payment of Wages Act, 1936
The Payment of Bonus Act, 1965
The Payment of Gratuity Act, 1972
Labour is one of the principal factors of production in all kinds of establishments whether big or small, organized or organized, industrial or commercial. With a view to ensure job security and satisfaction the lobour to give them their due wages alongwith certain employment benefits and to prevent exploitation of labour by the capitalists, several legislations have been made covering a number of aspects concerning labour Introduction
The act is enacted with the objective of instituting a compulsory contributory fund for the future of the employee after his / her retirement or for his / her dependents in case of his / her early death
Every factory or establishment employing more than 20 employees
Once the Act applies to any organization, it shall continue to be governed by the Act irrespective of the the fact that the no. of employees fallen below20
family after superannuation / death or total permanent
3. Employees Deposit Linked Insurance Scheme
Provide life insurance benefit to the employees and their family members
Terms related to the Act Contribution Employer’s contribution to PF & Pension Fund 12% of wages, etc Employer’s contribution to EDLI Fund 0.5% of wages, etc Employee’s contribution to PF & Pension Fund 12% of wages, etc C. Govts contribution to Pension Fund 1.16% of wages, etc Interest accrued The amount deposited in PF, Pension Funs & EDLI Fund is invested in specified securities. The rate of interest is determined by the C. Govt which is 9% p.a. at present
This is the first major legislation on Social Security to provide protection to worker in contingences such as illness, long term sickness or any other health risk due to exposure to employment injury or occupational hazards. Under the scheme medical facilities are also made available to the legal dependents or insured person. The scheme is extended to retired personnel as well as to permanently disabled workers and their family.
The equal remuneration act provides for payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex against women in the matter of employment and for matters connected therewith or incidental thereto.
Under the act it is duty of employer to pay equal remuneration to men and women workers for the same work of a regular nature
To safeguard the health and safety of worker and extends to provided adequate plant machinery and appliances, supervision over workers to provide healthy and safe environment, proper system of working and extends to give reasonable instructions
The act talks about Health, Safety, Hazardous processes, Welfare, Working hours of Adults, Prohibition on employment of young persons, Annual leave with wages
The penalties are ranging from Rs 5000/- to Rs. 35,000/- and prosecution by State/Central Govt.
The act aimed to brining conflicts between employer and employee to an amicable settlement and at the same time it makes provision for some of the other problems that may arise from time to time in an industrial or commercial undertaking which comes under the purview
The ID act seeks to pre empts industrial tensions, provide the mechanism of dispute resolutions and set up the necessary infrastructure so that the energies of partner in production may not be dissipated in counter productive battles and assurance of Industrial justice may create a congenial climate
The Act talks about Works committee, Board of Conciliation, Industrial courts/tribunals, Arbitration, Prohibition on lock out and strikes, lay off, retrenchment, transfer of undertakings, unfair labour practices & closure
The penalties ranges from Rs. 1000/- to Rs. 5000/- and prosecution up to 6 months for violation of rules
Wages are remuneration which the workers are entitled for the work performed by them
The employers always think of how to decrease the employee/production costs, while the workers see wages in terms of their preoccupation, better housing, children education, medical requirements, minimum recreations, provision for old age, marriage etc
The Govt. also enjoins in regulating the wags in the country through Minimum Wages Act to protect the interest of workers
To provide for fixing minimum rates of wages in certain employment and the provisions of the act are intended to achieve the object of doing social justice to the workers employed in the scheduled employment by prescribing minimum rates of wages for them
The act prevents exploitation of labour as such the authorities under the act are empowered to announce and fix the minimum wages from time to time keeping in view the market inflation and cost of living index.
The other provisions such as the wages must be paid in cash, manner & procedure of fixing and revising minimum rates of wages , Hours of work and holidays, Extra wages for overtime, Rest day, Employer’s obligations and maintenance of records
It also talks about penalties & prosecution for any violation of provision prescribed under the act.
The payment of Bonus Act applies to certain person employed in every factory and establishment employing not less than 20 person on any day during an accounting year
An employee under the act means any person engaged for hire/reward other than apprentice including supervisory, managerial staff drawing salary/ wages not exceeding Rs.3,500/- per month. However, in case of the employees in he salary/wages range of Rs, 2,500/- to Rs 3,500/- per month for the purpose of payment of bonus, their salaries/wages would be deemed be Rs 2,500/- per month
The act applies to every shop & establishment in which 10 or more person are employed or were employed on any day of the preceding 12 months. Once covered will continue to be under coverage even if the employee number goes down
The act applies to all person drawing a salary up to Rs. 3,500/-. The maximum limit of gratuity is Rs 3,50,000/-
Gratuity is payable to an employee on termination of his employment after he has rendered continuous service for not less than 5 years on reaching the age of superannuation or on his retirement/resignation or on his death or disablement due to accident or disease.
Forfeiture of Gratuity can be done only if the service of employee is terminated for his riotous or disorderly conduct or any act of violence on his part or any act of moral turpitude provided such an act is conducted during the course of employment
The payment mode is by Cheque or Bank Draft in Favour of employee or his legal heirs
The act provides penalties for violation of provisions and right to appeal
The time limit for claiming gratuity is 12 months and 60 days for filling an appeal
The payment of wages act regulates the payment of wages to certain classes of person employed in industry and its importance cannot be underestimated
The act not only guarantees, payment of wages in time and without any deduction except those authorized under the act
The act provides the responsibility for payment of wages, fixation of wage period, time and mode of payment of wages, permissible deductions as also casts upon the employer a duty to seek the approval and permission for the fine imposed, if any
The deduction allowed are fines, deduction for actual period of absence, for willful damages to goods & property, for house accommodation, for amentias provided. All deduction to be made within 60 days and the total deduction should not exceed 50% of the total wage. The total deduction in the case of Cooperative society should not exceed 75%. The fine should not exceed 3%.
The employer has to maintain register for record/ evidence and required to deposit the unpaid wages/ bonus with the labour department