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Srinath Sambangi ShaunMenon
Laws Applicable for Human Resource Auditing in India
1) Shops and Commercial Establishments Act (S&E)
2) The Employees Provident Funds and Miscellaneous Provision Act - 1952 (EPF)
3) The Employees State Insurance Corporation Act - 1948 (ESIC)
4) The Professional Tax Act (PT) 1975
5) The Contract Labour (Regulation & Abolition) Act - 1970 (CLRA)
6) The Payment of Wages Act-1936
7) The Payment of Bonus Act-1965
8) Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) ACT, 2013
9) The Payment of Gratuity Act-1972
10) The Minimum Wages Act 1948
11) The Maternity Benefit Act-1961
12) The Apprentice ACT, 1961
13) The Employees Compensation ACT-1923
14) The Equal Remuneration Act-1976
Srinath Sambangi ShaunMenon
HR AUDIT CHECKLIST
1) Shops and Commercial Establishments Act (S&E)
 The working hours of the employees shall be 8 hours per day and 48 hours in a week. Record of over time
will be maintained in the Wages Register separately in respect of the employees whoworkedbeyond normal
working hours.
 Every employee will be allowed to avail a Weekly Holiday as per the list exhibited (Form 24) at the main
entrance of the shop on rotation basis.
 If the employees are found working on any Holiday or after normal duty hours without proper indent of
Over Time, the exemption granted will be liable for cancellation.
 Working hours of the shop shall be between 9.00 A.M. to 11.00 P.M.
 In case of Women employees who are required to work beyond 8:30 P.M., transport arrangements are to be
made to the women employees. A notice to this effect in Telugu and English shall be exhibited at the main
entrance of the shop indicating the availability of transport.
 All employees are to be provided with Appointment Letters and copy of the same will be furnished to the
jurisdiction Inspector and acknowledgement shall be preserved in the shop for inspection at any time.
 Visit Book shall be maintained exhibiting a copy of the exemption for verification by the Inspector for
compliance with the conditions on exemption.
 The exemption is valid for three (3) years only and subject to compliance with the conditions of exemption
and also compliance with the welfare provisions applicable under various Labour Laws.
 The wages for the employees shall be credited to their saving bank Accounts.
 EPF & ESI deductions shall be implemented in respect of the eligible employees.
 The Employer shall cooperate in implementing the “Duties of Inspection” under rule 28 of the Telangana
Shops & Establishments Rules, 1990 especially with regard to the implementation of the conditions and also
the provisions of other Labour Laws for the workers employed in their shops.
 If any statutory violation is committed by the Employer of the Shop, the exemption will be cancelled before
the sanction period.
 The exemption will remain in operation for a period of three (3) years, subject to fulfillment of conditions
as specified above and also subject to any orders / instructions issued from time to time in this regard.
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2) Employee Provident Fund Act, 1947
 This act is aimed at providing a kind of social security to the industry employees. If an employee is working
in a factory or in association with the work of a factory, he or she is entitled to become a member of this
fund. The benefits like retirement pension, medical care, housing, family obligations, education and benefits
arising out of insurance, rights of older employees post retirement. Any person who is employed for work
of an establishment or employed by the contractor and drawing a salary up to Rs. 15,000/- is eligible to be
included under this Act.
 Insurance Scheme:
 All members contributing to Provident Fund are automatically insured for their life during the Service.
Employer’s Contribution to the Insurance Scheme is 0.5%. The maximum amount payable to the nominee in
case of death of an employee is Rs.100000/-
 Pension Fund:
 All employees covered under the Provident Fund become members of the Pension Scheme. 8.33% of Basic
Salary upto Rs.15,000/- is contributed to the Pension Schemefrom employers share of contribution. Aminimum
period of ten years of contributory service is required to be eligible to receive monthly Pension. The full pension
is payable on completion of 20 years of contributory service.
3) The Employees State Insurance Act, 1948
- The Employees State InsuranceAct, 1948 is beneficial andsocial legislation. Its main aim is toprovide economic
security to people who work in certain factories and establishments. The Act contains several important
definitions and provisions that regulate these workers. It basically provides for payment of benefits to workers
in cases of sickness, maternity, injury, etc.
 ESI Scheme covers all factories and establishments employing 10 or more persons. Individuals drawing
monthly wages/salaries up to Rs 21,000/- per month (Rs 25,000/- per month in case of physically challenged
employees) are entitled for benefits under the ESI Scheme as per the provisions of the Act. The Employer
as well as the Employee is required to contribute towards the ESI Scheme. Employer contributes 3.25%
while Employee contributes 0.75% of the Salary to the ESI Fund.
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 Sickness Benefit - Sickness Benefit in the form of cash compensation at the rate of 70 per cent of wages is
payable to insured workers during the periods of certified sickness for a maximum of 91 days in a year. In
order to qualify for sickness, benefit the insured worker is required to contributefor 78 days in a contribution
period of 6 months. There are two types of extended sickness benefits- Extended Sickness Benefit and
Enhanced Sickness Benefit.
 Disablement Benefit- Thebenefit arising to the disabled workedwill vary upon the seriousness of the injury.
If the disablement benefit is temporary, 90% of the wage is payable until the disability is healed. If the
disablement is permanent, then the 90% of the total wages aregiven until a period of time the medical officer
certifies.
 Dependents Benefit- DB paid at the rate of 90% of wage in the form of monthly payment to the dependents
of a deceasedInsuredpersonin cases wheredeath occurs due to employment injury or occupationalhazards.
 Other Benefits- Funeral Expenses: An amount of Rs.15,000/- is payable to the dependents or to the person
who performs last rites from day one of entering insurable employment.
4) The Professional Tax Act (PT) 1975
 Profession Tax in Andhra Pradesh is governed by the Andhra Pradesh Tax on Professions, Trades, Callings and
Employment Act, 1987.
 The profession tax slab rate on salary and wages are as follows:
 Monthly Salary Wage PT Payable Salary and Wage earners - such persons whose monthly salaries or wages :-
- Less than Rs. 15,000 Nil
- Rs. 15,001 to 20,000 Rs. 150 p.m.
- Rs. 20,000 and above Rs. 200 p.m.
 Consequences for late payment or non-payment: For late payment of PT, interest @ 2% p.m. is levied, and the
state may also impose a penalty of not less than 25% but not exceeding 50% of the total amount due.
5) The Contract Labour (Regulation & Abolition) Act – 1970
 Applicability
 It applies to any establishment in which twenty or more workmen are employed on any day of the of the
accounting year as contract labour.
 It applies to any contractor who employs or who employed twenty or more workers on any day of the accounting
year.
 Also, it does not apply to the establishments if any work performed in the intermittent nature.
 It does not apply to the establishments if any work not performed for more than one-twenty days in a year.
 It does not apply to the establishments situated in the special economic zone(SEZ).
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 It does not apply to the establishments if any work performed in the seasonal nature for more than sixty days in
a year.
 Registration
 The employer should approach the Registering office with Application for registration in Form-I and along with
the receipt representing payment of the prescribed fee.
 If the application for registration is fulfilled in all aspects, the registering officer can register the establishment
and grant the copy of the registered certificate in Form-II.
 Non-registration effect
 In case an establishment required to be enrolled under Section 7 has not been recorded within the time specified
for the purpose under that section, then the punishment will be given as per section 36.
 Licensing of contractor
 Every contractor who has employed twenty or more workers on any day of the month has to obtain a license for
engaging contract labour working for any establishment.
 The authorised licensing officer will issue the license as per the provisions under section 12.
 Grant of license under Section 13.
 Renewal of License
 The contractor should approach the Licensing authority before 30 days of the expiry date of the license along
with the application for the renewal of license in Form VII in multiple copies.
 The required fee has to be remitted by the applicant. If the applicant does not submit prescribed date the renewal
application, then the contractor will have to pay a fee of 25% more than the fee ordinary Payable.
 Employer’s Compliances
 To get the registration of the Establishment.
 Toengage workers only throughlicensed contractors. Thenoticeshowingthe name and address of the Inspector
in the language of both English and Local Language, the rate of salary, date of payment.
 To retrieve the expenses involved from the contractor through bills payable.
 The principal employer has to choose a representative to be present at the time of disbursement of wages to the
contract workers.
 It is the duty of such representative has to certify the amount paid as wages in the wage-register.
 Report the details relating to contract labour when the inspector requires.
 Maintain a register of Contractors (Form XII).
 Number of Contractors – Nature of Work performed.
 To send the information relating Annual Return (Form XXV) to licensing authority by 15th February.
 To submit returns for each contractor within 15 days of start or completion of work (Form VIA).
 To provide welfare and Health facilities, if the contract is not producing under Section 16 and section 20.
 Contractor’s Compliance
 To get approval from the Employer.
 To obtain a License from the Licensing Authority.
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 To submit the monthly printed bill to the firm for payment of the work done by him starting from the day of the
month.
 To present the Name of the Inspector, Wages paid & Abstract of the Act.
 To maintain Muster roll, Wages, Deductions, Overtime, Fines, Advance, Wage slips Registers under Section 29.
 To provide Welfare and Health facilities such as Canteens, if labour is above a hundred members restrooms has
to be compulsorily provided and also drinking water, urinals, latrines, first aid under section 19.
 To be responsible for the payment of wages before the 7th of each month under Section 21.
 To disburse the salaries in the presence of the representative of the employer.
 To distribute employment cards to all the workers by three days of the start of work.
 To send the half early return in form XXIV after 30 days from close of the half year, i.e. June and December.
 Penalties
 Contravention of provisions of employment of contract labor
 Any persons who violate any clause of this Act or any rules made under this Act will be punishable with custody
for a term which is more than three months, or with the penalty, which is more than one thousand rupees, or with
both.
 In the case of a continuing contravention then the additional fine imposed which will be more than one hundred
rupees for every day of such violation continues after conviction for the first such contravention.
 Employer’s Offences
 If an employer is committing a crime under this Act, the employer, as well as the responsibility of the company
for the conduct of its business at the time of the commission of the offence, will be considered to be guilty of the
crime and liable to be proceeded against and punished accordingly.
 Provided that nothing contained in this sub-section should render any such person liable to any punishment if he
states that the offence was committed without his knowledge or that he practiced the due diligence to prevent
the commission from such offence.
 Other Offences
 If any personinfringes any of the provisions of this Act or of any rules made under the act for which no additional
penalty is provided, then he will be punishable with imprisonment for a course which may be more than three
months, or with fine more than one thousand rupees or with both.
6) The Payment of Wages Act, 1936
 The main objective of this Act is to eliminate malpractices by laying down the time and mode of payments to
the workers and also making sure that the wages are being paid in regular intervals without any unauthorized
deductions. This Act is applied to the whole of India.
 Fixation of wage period- According to the Act, every person who is responsible for payment of wages must fix
the period in which the wages are given to the employees. According to this act, no wage period must exceed a
time period of one month.
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 Time of Payment of Wages- The wages of every person employed in any railway or industrial in which less than
1000 people are employed, the time for payment shall be made before the expiry of the seventh day.
 Wages are to be paid in current coin or currency notes.
 The Act enable charge of fines in case of any non-compliance by the employers.
 The employer can deduct from the wage only under some circumstances, i.e.; Damage or loss of goods entrusted
with the employee, Absence from work, housing amenities, income tax and payment to cooperative societies.
7) The Payment of Bonus Act-1965
 Eligibility of Bonus
 The employee receiving salary or wages up to Rs.21,000 per month
 The employee engaged in any work whether skilled, unskilled, managerial, supervisory etc.
 The employee who have worked not less than 30 working days in the same year.
 Minimum & Maximum Bonus Permitted
 The minimum bonus will be 8.33% of the salary during the year, or 100 rupees will be given in caseof employees
above 15 years and sixty rupees in the case of employees below 15 years, whichever is higher.
 The maximum bonus is 20% of the salary during the accounting year.
 Computation of Bonus
 Section 4 and Section 7 together with the Schedule 1 and 2 deal with the calculation of gross profit and available
surplus out of which 67% in case of companies and 60% in other cases would be allocable surplus.
 To compute the available surplus the sums, so deductible from the gross profits are:
 All direct taxes under Section 7
 The sums which are particularized in the schedule
 The allowance for investment or development in whichthe employer is allowed todeduct from his income under
the Income Tax Act.
 Available Surplus = Gross Profit – ( deduct) the following :
 Depreciation is allowable in Section 32 of the Income-tax Act.
 Development Allowance.
 Timeline for Bonus Payment
 The payment of bonus should be paid in cash within eight months from the end of the accounting year or within
a month from the date of enforcement of the act.
 Offences & Penalties
 In case of violation of the provisions under the Act or rules, then the penalty is imprisonment for six months or
may impose fine of Rs.1000 or both.
 In case of failure to comply with the directions or requisitions made, then the penalty is imprisonment for six
months or may impose fine of Rs.1000 or both.
 In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a
principal or officer responsible for the conduct of its business, should be deemed to be guilty of that offence,
unless the person concerned proves that the crime was committed out of his knowledge or that he exercised all
due diligence.
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8) Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)
ACT, 2013
 Statement of the Company
 Compliance under Section 134 of the Companies Act; Company to insert the following in the disclosure and the
Director’s Responsibility Statement,
- A statement that “the Company has complied with provisions relating to the constitution of
Internal Complaints Committee under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013”.
 Establishment of Internal Complaints Committee.
 Section 4 of the Act.
 Reports from the Committee.
 Required number of members.
 Necessary facilities to the Committee for handling issues.
 Notices regarding organisation’s stance on sexual harassment.
 Preparation and Implementation of Anti-Sexual harassment policy.
 Specification of sexual harassment as a form of misconduct in the employment contracts.
 Conducting periodical workshops and seminars.
 Awareness of rights of the employees.
 System for psychological help of sexual-harassment victims.
 Organisation’s assistance to victims for making complaints.
 Training of employees under the Act.
 Prevention of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This Act provides protection for women from sexual harassment at their place of work. The statute superseded the
Vishaka Guidelines for the prevention of harassment at workplace introduced by the Supreme Court of India. This has
become a matter of importance as the International Labour Organization released a report that very few employers in
India comply with the rules relating to protection of women against sexual harassment. Any employer with a minimum
of 10 employees must comply with this Act.
The main features of this Act as follows-
 The act provides a grievance redressal mechanism that provides a forum for complaints. It strictly provides
safeguards to people that are falsely accused of sexual harassment at work.
 The act provides and defines for hostile work environment and quid pro quo harassment and classifies them as
a form of sexual harassment.
 The complaints tribunal will have the power of civil court while exercising its power to gather resources.
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 The complaints redressal committee is required to complete its investigation in within or by 90 days of time. On
completion, a report must be sent to the district officer within a period of 60 days.
 The act sets a fine of Rs. 50,000/- to employees who fail to comply with the prevention of sexual harassment at
workplace provisions.
 This act provides the Government the power to inspect workplace and records relating to sexual harassment.
 This Act provides for protection of women in the workplace irrespective of their age, position or experience.
9) The Payment of Gratuity Act-1972
 Payment
 The employer shall arrange to pay the amount of gratuity within 30 days from the date it is billed to the person
to whom the gratuity is allocated.
 If the amount of gratuity payable under the section is not paid by the employer within the period specified, he
will have to pay simple interest on it from the date on which the gratuity becomes payable at the rate not
exceeding the rate stipulated by the federal government.
 Gratuity should be paid in cash, or if so desired by the payee, by demand draft or bank check to the eligible
employee, nominee, or legal heir.
 Computation of Gratuity
 Gratuity = Last Drawn Salary × 15/26 × No. of Years of Service
- The ratio 15/26 represents 15 days out of 26 working days in a month.
- Last drawn salary = Basic Salary + Dearness Allowance.
- Years of Service are rounded down to the nearest full year.
 Tax Exemptions
 Gratuity received under the Gratuity Act is exempt from taxation to the extent that it does not exceed 15 days’
salary for every completed year of service calculated on the last drawn salary (subject to a maximum of
US$41,856 or Rs 30 lakh).
 Any other gratuity is exempt to the extent that it does not exceed one half-month salary for each year of
completed service calculated on the basis of average salary for 10 immediately preceding months.
10) The Minimum Wages Act-1948
 Applicability
 It applies to any employment if it employs 1000 employees in the respective state.
 Itdoes not apply toany employees in any undertaking ownedby theCentral government or of the federalrailway,
except with the consent of the central government.
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 Fixation and Revision of Wages
 The minimum rates of wages will be reviewed or revised, for every five years, by the appropriate government.
 The appropriate government can add any employment, to the schedule(part-I or part – II), wherein one thousand
or more employees are found working.
 Different minimum rates of wages can be fixed for different scheduled employments/ different classes of work
/different localities.
 Wages Computation Criteria
 Wages means all remuneration, capable of being represented in money.
 It covers house rent allowance but does not include ;
- Value of house accommodation, the supply of electricity, water, medical attendance.
- Value of any other amenity provided is excluded by Government order.
- Any contribution to the pension fund, provident fund or insurance.
- Allowance for travelling.
- Special expenses acquired by the nature of employment.
- Gratuity is payable on discharge.
 Appointment of committee to fix minimum wages.
 Publication of proposals in the official gazette.
 Registers and records to be maintained (Section 18)
 Time of payment of minimum wages
 Before the expiry of the 7th
day of the month.
11) The Maternity Benefit Act, 1961
 This act focuses on providing full benefits and protection to the mother and child during the course of maternity
in form of paid maternity leaves.
 The key features and implications of the Maternity Benefits Act, 2017 are:
 Applicability of the Act:
 As per Section2 of the Act, The Act is applicable toall those womenemployed in factories, mines and including
every shops or commercial establishments employing 10 or more employees. As per this section the original
provision will prevail i.e. the Act is applicable to all womenwhoareemployed in any capacitydirectly or through
any agency i.e. either on contractual or a consultant.
 Protection from termination or dismissal during the pregnancy:
 Section 12 of the Maternity Benefit Act, 1961 emphasizes that any dismissal or discharge of a women during
the pregnancy is unlawful and such employer can be punished under section 12 of the Act. However, in cases of
gross misconduct, theemployer can take necessaryactions as per the defined disciplinary policy of theCompany.
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 Duration of Maternity Leave in India:
 The Act has increased the duration of paid maternity leaves to26 weeks from the present 12 weeks. Theextended
period is applicable to women in case of the first and second child. Women who are expecting after having 2
children, the duration of paid maternity leave shall be 12 weeks i.e. 6 weeks pre-delivery and 6 weeks post-
delivery.
 For adoptive and commissioning mothers:The Act now extends to adoptive mothers as well. Every woman who
has adopted a child will get 12 weeks of maternity leave from the date of adoption.
 Work from Home: It also introduces the option of ‘work from home’ for mothers. After the expiry of the 26
weeks’ leave period, the woman can use this option to do her work from home. This option can be modified
according to the nature of the work and terms and conditions levied by the employer.
 Crèches: The Act makes it compulsory for every establishment employing 50 or more women to have in-house
creche facilities and allows women to visit the facility 4 times during the day. But the age of the children up to
which age are entitled to the facility of crèche is not mentioned in the Act.
 Awareness: The Act makes it compulsory for employers to aware women about the maternity benefits at the
time of their appointment. Such information must be given in writing and electronically.
12) The Apprentices Act, 1961-
The main objective of the Apprentices Act, 1961 is to meet the rising need for proficient craftsman. Giving experimental
training to the people who’re specialized in their crafts is the primary aim of the Apprentice Act. Candidates holding
Diploma and Engineering Graduates canlikewise benefit from this plan. As per the announcement of Central Government
any industry or any area the provisions of the act are applicable. It is assumed by means of the Government, to use, the
infrastructure, space and provisions to be had for instruction of apprentices and to ensure that their preparation is
concurring with a ponder program. With the progressive advancement of industries, different question initiated to
manifest between the businesses and the students and to recoup from them. This Act should control and screen the
preparation of students in exchanges and issues related with them.
 An apprentice is someone who takes training in some company to master the competencies and crafts of a
specific craft. TheApprenticeship Act explains apprentices tobe the ones whoreceive apprenticeship or practical
training under an apprenticeship scheme for a specified duration. The main requisites for a person to receive an
apprentice training are that he/she should have attained an age of 14 years and for the trades where safety issues
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are concerned to the apprentice should have attained 18 years. Other than the above-prescribed qualification,
extra qualifications may be prescribed for special trades and special categories of apprentices.
 Applicability
As per the Apprentice Act 1961, for the industries and trades which were informed by the Central Government in the
Official Gazette, the act is applicable. The date of application may follow those particular circulars. Almost all the
industries fall under the purview of the act. The Apprentice Act moreover may not be applicable to the special
Apprenticeship programs of the governmentunless and until informed by the Central Government in the Official Gazette.
For clearing the doubts, this act applies to those categories of apprenticeship where the practical education is necessary
to the trade. ‘Internships’ are not covered under this act.
 An employing company is obligated to deliver a duplicate of every apprenticeship agreement that he enters into
within 30 days from the date of entering to the Apprenticeship marketing consultant. Once a portal internet site
is made with the aid of the imperative government for this reason, then the business enterprise would possibly
send the info of contracts within seven days from the date of entering.
 Apprentice appointed has to execute a contract of apprenticeship with the employer. The agreement must be
registered with Apprenticeship Adviser. If an apprentice is minor, an agreement has to be signed via his father
or mother. Apprentice is eligible for a Casual leave of 12 days, Medical Leave of 15 days and other leaves of
10 days in 12 months.
13) The Employees Compensation Act, 1923
The Employees Compensation Act, 1923 is an enactment that was issued by the central Government and was
implemented by various State Governments which gives social security to workers. This security is offered by the law
for people who work. The Act was formed after it was noted that laborers were getting more exposed to danger with the
use of advanced and sophisticated machinery. The common law had it that the employer would only take up the
compensation responsibility if it is found that the industrial accident was a result of his negligence. In India, the issue of
compensating workmen after fatal and major accidents hit the road in 1884. It was then in 1885 that the factory and
mining inspectors realized that the Fatal Accidents Act, 1885, was not enough to attend to the intended purposes.
 Extent and applicability of the Act
 All railway servants not permanently employed in any administrative, district or sub-divisional office of a
railway and not employed in any capacity as is specified in Schedule II to the Act, Persons employed in any such
capacity as is specified in Schedule II to the Act. Schedule II includes persons employed in factories, mines,
plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations,
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Persons employed in employments added to Schedule II by the State Government in exercise of the powers
conferred on them under section 2(3) of the Act.
 Compensation is payable under these circumstances
 Compensation is payable in case of temporary/permanent disablement or death as a result of an employment
injury. The contracting of any disease listed in Schedule III to the Act is deemed to be an injury by accident.
 Occupational Diseases
 If a workman employed in the employment specified in Schedule III of the Act contracts any occupational
disease peculiar to that employment, he becomes eligible for payment of compensation under the Act. The
occupational diseases should be contractedwhile in the service of an employer in the specified employment. The
Schedule III divides the occupational diseases in three parts, namely Part-A, Part-B and Part-C.
 Settlement of Cases
The claims for settlement are generally classified into three categories, (i) Uncontested Cases, Disputed Cases and Fatal
Cases.
 Employer’s liability for compensation
The employer is liable to pay the compensation only if it is an accident arising out and in the course of employment.
This is only applicable under a few circumstances
- There must be a causal connection between the injury and accident,
- The injury must be in the course of employment,
- The probability in which the work lead to the injury,
- The workmanmusttake proper carein order to not aggravate the injury causedin the courseof employment.
 This Act is mainly based on two aspects
- Theory of Least Cost
- The production cost shall have the cost of blood and workmen included.
14) The Equal Renumeration Act, 1976-
 Every employer covered under this act shall pay the employees remuneration in cash/kind at a rate which shall
not be less favorable to the other gender if the work is the same or of similar nature. Same work or work of
similar nature would mean if the work is performed under similar conditions either by a man or woman it would
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require the same skill, effort and responsibility. If there are any differences in the skill, effort and responsibility
required from a man when compared to a woman the same is not important to the employment.
 No employer shall reduce renumeration of any worker in order to comply to this Act.
 In case the remuneration payable before the commencement of this act was different due to discrimination then
going forward the higher(in case of two rates) or highest(in case of more than two rates) rate shall be payable.
- However, the same shall not apply to the remuneration payable for the services rendered before the
commencement of the act.
 While employees are recruitedfor workwhichis the sameor of similar nature no discrimination shall be directed
towards women unless any law prohibits the same. This provision is also extended to activities after recruitment
i.e promotion, training or transfer. The reservations made towards Scheduled Castes or Scheduled Tribes, ex-
servicemen, retrenchedemployees or any other class or categoryof persons will not be affectedby this provision.
 An advisory committee shall be formed which shall consist of 10 members half of which shall be women and
the committee shall focus on providing its advice for increasing the employment opportunities for women, hours
of work, nature of work and such other matters.
 Every employer is supposed to maintain registers and other documents in relation to the workers employed by
them.
 The appropriate authority shall appoint inspectors for the purpose of investigation and compliance of provisions
in the act.

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Human Resource Audit (Compliance List)

  • 1. Srinath Sambangi ShaunMenon Laws Applicable for Human Resource Auditing in India 1) Shops and Commercial Establishments Act (S&E) 2) The Employees Provident Funds and Miscellaneous Provision Act - 1952 (EPF) 3) The Employees State Insurance Corporation Act - 1948 (ESIC) 4) The Professional Tax Act (PT) 1975 5) The Contract Labour (Regulation & Abolition) Act - 1970 (CLRA) 6) The Payment of Wages Act-1936 7) The Payment of Bonus Act-1965 8) Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) ACT, 2013 9) The Payment of Gratuity Act-1972 10) The Minimum Wages Act 1948 11) The Maternity Benefit Act-1961 12) The Apprentice ACT, 1961 13) The Employees Compensation ACT-1923 14) The Equal Remuneration Act-1976
  • 2. Srinath Sambangi ShaunMenon HR AUDIT CHECKLIST 1) Shops and Commercial Establishments Act (S&E)  The working hours of the employees shall be 8 hours per day and 48 hours in a week. Record of over time will be maintained in the Wages Register separately in respect of the employees whoworkedbeyond normal working hours.  Every employee will be allowed to avail a Weekly Holiday as per the list exhibited (Form 24) at the main entrance of the shop on rotation basis.  If the employees are found working on any Holiday or after normal duty hours without proper indent of Over Time, the exemption granted will be liable for cancellation.  Working hours of the shop shall be between 9.00 A.M. to 11.00 P.M.  In case of Women employees who are required to work beyond 8:30 P.M., transport arrangements are to be made to the women employees. A notice to this effect in Telugu and English shall be exhibited at the main entrance of the shop indicating the availability of transport.  All employees are to be provided with Appointment Letters and copy of the same will be furnished to the jurisdiction Inspector and acknowledgement shall be preserved in the shop for inspection at any time.  Visit Book shall be maintained exhibiting a copy of the exemption for verification by the Inspector for compliance with the conditions on exemption.  The exemption is valid for three (3) years only and subject to compliance with the conditions of exemption and also compliance with the welfare provisions applicable under various Labour Laws.  The wages for the employees shall be credited to their saving bank Accounts.  EPF & ESI deductions shall be implemented in respect of the eligible employees.  The Employer shall cooperate in implementing the “Duties of Inspection” under rule 28 of the Telangana Shops & Establishments Rules, 1990 especially with regard to the implementation of the conditions and also the provisions of other Labour Laws for the workers employed in their shops.  If any statutory violation is committed by the Employer of the Shop, the exemption will be cancelled before the sanction period.  The exemption will remain in operation for a period of three (3) years, subject to fulfillment of conditions as specified above and also subject to any orders / instructions issued from time to time in this regard.
  • 3. Srinath Sambangi ShaunMenon 2) Employee Provident Fund Act, 1947  This act is aimed at providing a kind of social security to the industry employees. If an employee is working in a factory or in association with the work of a factory, he or she is entitled to become a member of this fund. The benefits like retirement pension, medical care, housing, family obligations, education and benefits arising out of insurance, rights of older employees post retirement. Any person who is employed for work of an establishment or employed by the contractor and drawing a salary up to Rs. 15,000/- is eligible to be included under this Act.  Insurance Scheme:  All members contributing to Provident Fund are automatically insured for their life during the Service. Employer’s Contribution to the Insurance Scheme is 0.5%. The maximum amount payable to the nominee in case of death of an employee is Rs.100000/-  Pension Fund:  All employees covered under the Provident Fund become members of the Pension Scheme. 8.33% of Basic Salary upto Rs.15,000/- is contributed to the Pension Schemefrom employers share of contribution. Aminimum period of ten years of contributory service is required to be eligible to receive monthly Pension. The full pension is payable on completion of 20 years of contributory service. 3) The Employees State Insurance Act, 1948 - The Employees State InsuranceAct, 1948 is beneficial andsocial legislation. Its main aim is toprovide economic security to people who work in certain factories and establishments. The Act contains several important definitions and provisions that regulate these workers. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc.  ESI Scheme covers all factories and establishments employing 10 or more persons. Individuals drawing monthly wages/salaries up to Rs 21,000/- per month (Rs 25,000/- per month in case of physically challenged employees) are entitled for benefits under the ESI Scheme as per the provisions of the Act. The Employer as well as the Employee is required to contribute towards the ESI Scheme. Employer contributes 3.25% while Employee contributes 0.75% of the Salary to the ESI Fund.
  • 4. Srinath Sambangi ShaunMenon  Sickness Benefit - Sickness Benefit in the form of cash compensation at the rate of 70 per cent of wages is payable to insured workers during the periods of certified sickness for a maximum of 91 days in a year. In order to qualify for sickness, benefit the insured worker is required to contributefor 78 days in a contribution period of 6 months. There are two types of extended sickness benefits- Extended Sickness Benefit and Enhanced Sickness Benefit.  Disablement Benefit- Thebenefit arising to the disabled workedwill vary upon the seriousness of the injury. If the disablement benefit is temporary, 90% of the wage is payable until the disability is healed. If the disablement is permanent, then the 90% of the total wages aregiven until a period of time the medical officer certifies.  Dependents Benefit- DB paid at the rate of 90% of wage in the form of monthly payment to the dependents of a deceasedInsuredpersonin cases wheredeath occurs due to employment injury or occupationalhazards.  Other Benefits- Funeral Expenses: An amount of Rs.15,000/- is payable to the dependents or to the person who performs last rites from day one of entering insurable employment. 4) The Professional Tax Act (PT) 1975  Profession Tax in Andhra Pradesh is governed by the Andhra Pradesh Tax on Professions, Trades, Callings and Employment Act, 1987.  The profession tax slab rate on salary and wages are as follows:  Monthly Salary Wage PT Payable Salary and Wage earners - such persons whose monthly salaries or wages :- - Less than Rs. 15,000 Nil - Rs. 15,001 to 20,000 Rs. 150 p.m. - Rs. 20,000 and above Rs. 200 p.m.  Consequences for late payment or non-payment: For late payment of PT, interest @ 2% p.m. is levied, and the state may also impose a penalty of not less than 25% but not exceeding 50% of the total amount due. 5) The Contract Labour (Regulation & Abolition) Act – 1970  Applicability  It applies to any establishment in which twenty or more workmen are employed on any day of the of the accounting year as contract labour.  It applies to any contractor who employs or who employed twenty or more workers on any day of the accounting year.  Also, it does not apply to the establishments if any work performed in the intermittent nature.  It does not apply to the establishments if any work not performed for more than one-twenty days in a year.  It does not apply to the establishments situated in the special economic zone(SEZ).
  • 5. Srinath Sambangi ShaunMenon  It does not apply to the establishments if any work performed in the seasonal nature for more than sixty days in a year.  Registration  The employer should approach the Registering office with Application for registration in Form-I and along with the receipt representing payment of the prescribed fee.  If the application for registration is fulfilled in all aspects, the registering officer can register the establishment and grant the copy of the registered certificate in Form-II.  Non-registration effect  In case an establishment required to be enrolled under Section 7 has not been recorded within the time specified for the purpose under that section, then the punishment will be given as per section 36.  Licensing of contractor  Every contractor who has employed twenty or more workers on any day of the month has to obtain a license for engaging contract labour working for any establishment.  The authorised licensing officer will issue the license as per the provisions under section 12.  Grant of license under Section 13.  Renewal of License  The contractor should approach the Licensing authority before 30 days of the expiry date of the license along with the application for the renewal of license in Form VII in multiple copies.  The required fee has to be remitted by the applicant. If the applicant does not submit prescribed date the renewal application, then the contractor will have to pay a fee of 25% more than the fee ordinary Payable.  Employer’s Compliances  To get the registration of the Establishment.  Toengage workers only throughlicensed contractors. Thenoticeshowingthe name and address of the Inspector in the language of both English and Local Language, the rate of salary, date of payment.  To retrieve the expenses involved from the contractor through bills payable.  The principal employer has to choose a representative to be present at the time of disbursement of wages to the contract workers.  It is the duty of such representative has to certify the amount paid as wages in the wage-register.  Report the details relating to contract labour when the inspector requires.  Maintain a register of Contractors (Form XII).  Number of Contractors – Nature of Work performed.  To send the information relating Annual Return (Form XXV) to licensing authority by 15th February.  To submit returns for each contractor within 15 days of start or completion of work (Form VIA).  To provide welfare and Health facilities, if the contract is not producing under Section 16 and section 20.  Contractor’s Compliance  To get approval from the Employer.  To obtain a License from the Licensing Authority.
  • 6. Srinath Sambangi ShaunMenon  To submit the monthly printed bill to the firm for payment of the work done by him starting from the day of the month.  To present the Name of the Inspector, Wages paid & Abstract of the Act.  To maintain Muster roll, Wages, Deductions, Overtime, Fines, Advance, Wage slips Registers under Section 29.  To provide Welfare and Health facilities such as Canteens, if labour is above a hundred members restrooms has to be compulsorily provided and also drinking water, urinals, latrines, first aid under section 19.  To be responsible for the payment of wages before the 7th of each month under Section 21.  To disburse the salaries in the presence of the representative of the employer.  To distribute employment cards to all the workers by three days of the start of work.  To send the half early return in form XXIV after 30 days from close of the half year, i.e. June and December.  Penalties  Contravention of provisions of employment of contract labor  Any persons who violate any clause of this Act or any rules made under this Act will be punishable with custody for a term which is more than three months, or with the penalty, which is more than one thousand rupees, or with both.  In the case of a continuing contravention then the additional fine imposed which will be more than one hundred rupees for every day of such violation continues after conviction for the first such contravention.  Employer’s Offences  If an employer is committing a crime under this Act, the employer, as well as the responsibility of the company for the conduct of its business at the time of the commission of the offence, will be considered to be guilty of the crime and liable to be proceeded against and punished accordingly.  Provided that nothing contained in this sub-section should render any such person liable to any punishment if he states that the offence was committed without his knowledge or that he practiced the due diligence to prevent the commission from such offence.  Other Offences  If any personinfringes any of the provisions of this Act or of any rules made under the act for which no additional penalty is provided, then he will be punishable with imprisonment for a course which may be more than three months, or with fine more than one thousand rupees or with both. 6) The Payment of Wages Act, 1936  The main objective of this Act is to eliminate malpractices by laying down the time and mode of payments to the workers and also making sure that the wages are being paid in regular intervals without any unauthorized deductions. This Act is applied to the whole of India.  Fixation of wage period- According to the Act, every person who is responsible for payment of wages must fix the period in which the wages are given to the employees. According to this act, no wage period must exceed a time period of one month.
  • 7. Srinath Sambangi ShaunMenon  Time of Payment of Wages- The wages of every person employed in any railway or industrial in which less than 1000 people are employed, the time for payment shall be made before the expiry of the seventh day.  Wages are to be paid in current coin or currency notes.  The Act enable charge of fines in case of any non-compliance by the employers.  The employer can deduct from the wage only under some circumstances, i.e.; Damage or loss of goods entrusted with the employee, Absence from work, housing amenities, income tax and payment to cooperative societies. 7) The Payment of Bonus Act-1965  Eligibility of Bonus  The employee receiving salary or wages up to Rs.21,000 per month  The employee engaged in any work whether skilled, unskilled, managerial, supervisory etc.  The employee who have worked not less than 30 working days in the same year.  Minimum & Maximum Bonus Permitted  The minimum bonus will be 8.33% of the salary during the year, or 100 rupees will be given in caseof employees above 15 years and sixty rupees in the case of employees below 15 years, whichever is higher.  The maximum bonus is 20% of the salary during the accounting year.  Computation of Bonus  Section 4 and Section 7 together with the Schedule 1 and 2 deal with the calculation of gross profit and available surplus out of which 67% in case of companies and 60% in other cases would be allocable surplus.  To compute the available surplus the sums, so deductible from the gross profits are:  All direct taxes under Section 7  The sums which are particularized in the schedule  The allowance for investment or development in whichthe employer is allowed todeduct from his income under the Income Tax Act.  Available Surplus = Gross Profit – ( deduct) the following :  Depreciation is allowable in Section 32 of the Income-tax Act.  Development Allowance.  Timeline for Bonus Payment  The payment of bonus should be paid in cash within eight months from the end of the accounting year or within a month from the date of enforcement of the act.  Offences & Penalties  In case of violation of the provisions under the Act or rules, then the penalty is imprisonment for six months or may impose fine of Rs.1000 or both.  In case of failure to comply with the directions or requisitions made, then the penalty is imprisonment for six months or may impose fine of Rs.1000 or both.  In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a principal or officer responsible for the conduct of its business, should be deemed to be guilty of that offence, unless the person concerned proves that the crime was committed out of his knowledge or that he exercised all due diligence.
  • 8. Srinath Sambangi ShaunMenon 8) Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) ACT, 2013  Statement of the Company  Compliance under Section 134 of the Companies Act; Company to insert the following in the disclosure and the Director’s Responsibility Statement, - A statement that “the Company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.  Establishment of Internal Complaints Committee.  Section 4 of the Act.  Reports from the Committee.  Required number of members.  Necessary facilities to the Committee for handling issues.  Notices regarding organisation’s stance on sexual harassment.  Preparation and Implementation of Anti-Sexual harassment policy.  Specification of sexual harassment as a form of misconduct in the employment contracts.  Conducting periodical workshops and seminars.  Awareness of rights of the employees.  System for psychological help of sexual-harassment victims.  Organisation’s assistance to victims for making complaints.  Training of employees under the Act.  Prevention of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 This Act provides protection for women from sexual harassment at their place of work. The statute superseded the Vishaka Guidelines for the prevention of harassment at workplace introduced by the Supreme Court of India. This has become a matter of importance as the International Labour Organization released a report that very few employers in India comply with the rules relating to protection of women against sexual harassment. Any employer with a minimum of 10 employees must comply with this Act. The main features of this Act as follows-  The act provides a grievance redressal mechanism that provides a forum for complaints. It strictly provides safeguards to people that are falsely accused of sexual harassment at work.  The act provides and defines for hostile work environment and quid pro quo harassment and classifies them as a form of sexual harassment.  The complaints tribunal will have the power of civil court while exercising its power to gather resources.
  • 9. Srinath Sambangi ShaunMenon  The complaints redressal committee is required to complete its investigation in within or by 90 days of time. On completion, a report must be sent to the district officer within a period of 60 days.  The act sets a fine of Rs. 50,000/- to employees who fail to comply with the prevention of sexual harassment at workplace provisions.  This act provides the Government the power to inspect workplace and records relating to sexual harassment.  This Act provides for protection of women in the workplace irrespective of their age, position or experience. 9) The Payment of Gratuity Act-1972  Payment  The employer shall arrange to pay the amount of gratuity within 30 days from the date it is billed to the person to whom the gratuity is allocated.  If the amount of gratuity payable under the section is not paid by the employer within the period specified, he will have to pay simple interest on it from the date on which the gratuity becomes payable at the rate not exceeding the rate stipulated by the federal government.  Gratuity should be paid in cash, or if so desired by the payee, by demand draft or bank check to the eligible employee, nominee, or legal heir.  Computation of Gratuity  Gratuity = Last Drawn Salary × 15/26 × No. of Years of Service - The ratio 15/26 represents 15 days out of 26 working days in a month. - Last drawn salary = Basic Salary + Dearness Allowance. - Years of Service are rounded down to the nearest full year.  Tax Exemptions  Gratuity received under the Gratuity Act is exempt from taxation to the extent that it does not exceed 15 days’ salary for every completed year of service calculated on the last drawn salary (subject to a maximum of US$41,856 or Rs 30 lakh).  Any other gratuity is exempt to the extent that it does not exceed one half-month salary for each year of completed service calculated on the basis of average salary for 10 immediately preceding months. 10) The Minimum Wages Act-1948  Applicability  It applies to any employment if it employs 1000 employees in the respective state.  Itdoes not apply toany employees in any undertaking ownedby theCentral government or of the federalrailway, except with the consent of the central government.
  • 10. Srinath Sambangi ShaunMenon  Fixation and Revision of Wages  The minimum rates of wages will be reviewed or revised, for every five years, by the appropriate government.  The appropriate government can add any employment, to the schedule(part-I or part – II), wherein one thousand or more employees are found working.  Different minimum rates of wages can be fixed for different scheduled employments/ different classes of work /different localities.  Wages Computation Criteria  Wages means all remuneration, capable of being represented in money.  It covers house rent allowance but does not include ; - Value of house accommodation, the supply of electricity, water, medical attendance. - Value of any other amenity provided is excluded by Government order. - Any contribution to the pension fund, provident fund or insurance. - Allowance for travelling. - Special expenses acquired by the nature of employment. - Gratuity is payable on discharge.  Appointment of committee to fix minimum wages.  Publication of proposals in the official gazette.  Registers and records to be maintained (Section 18)  Time of payment of minimum wages  Before the expiry of the 7th day of the month. 11) The Maternity Benefit Act, 1961  This act focuses on providing full benefits and protection to the mother and child during the course of maternity in form of paid maternity leaves.  The key features and implications of the Maternity Benefits Act, 2017 are:  Applicability of the Act:  As per Section2 of the Act, The Act is applicable toall those womenemployed in factories, mines and including every shops or commercial establishments employing 10 or more employees. As per this section the original provision will prevail i.e. the Act is applicable to all womenwhoareemployed in any capacitydirectly or through any agency i.e. either on contractual or a consultant.  Protection from termination or dismissal during the pregnancy:  Section 12 of the Maternity Benefit Act, 1961 emphasizes that any dismissal or discharge of a women during the pregnancy is unlawful and such employer can be punished under section 12 of the Act. However, in cases of gross misconduct, theemployer can take necessaryactions as per the defined disciplinary policy of theCompany.
  • 11. Srinath Sambangi ShaunMenon  Duration of Maternity Leave in India:  The Act has increased the duration of paid maternity leaves to26 weeks from the present 12 weeks. Theextended period is applicable to women in case of the first and second child. Women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks i.e. 6 weeks pre-delivery and 6 weeks post- delivery.  For adoptive and commissioning mothers:The Act now extends to adoptive mothers as well. Every woman who has adopted a child will get 12 weeks of maternity leave from the date of adoption.  Work from Home: It also introduces the option of ‘work from home’ for mothers. After the expiry of the 26 weeks’ leave period, the woman can use this option to do her work from home. This option can be modified according to the nature of the work and terms and conditions levied by the employer.  Crèches: The Act makes it compulsory for every establishment employing 50 or more women to have in-house creche facilities and allows women to visit the facility 4 times during the day. But the age of the children up to which age are entitled to the facility of crèche is not mentioned in the Act.  Awareness: The Act makes it compulsory for employers to aware women about the maternity benefits at the time of their appointment. Such information must be given in writing and electronically. 12) The Apprentices Act, 1961- The main objective of the Apprentices Act, 1961 is to meet the rising need for proficient craftsman. Giving experimental training to the people who’re specialized in their crafts is the primary aim of the Apprentice Act. Candidates holding Diploma and Engineering Graduates canlikewise benefit from this plan. As per the announcement of Central Government any industry or any area the provisions of the act are applicable. It is assumed by means of the Government, to use, the infrastructure, space and provisions to be had for instruction of apprentices and to ensure that their preparation is concurring with a ponder program. With the progressive advancement of industries, different question initiated to manifest between the businesses and the students and to recoup from them. This Act should control and screen the preparation of students in exchanges and issues related with them.  An apprentice is someone who takes training in some company to master the competencies and crafts of a specific craft. TheApprenticeship Act explains apprentices tobe the ones whoreceive apprenticeship or practical training under an apprenticeship scheme for a specified duration. The main requisites for a person to receive an apprentice training are that he/she should have attained an age of 14 years and for the trades where safety issues
  • 12. Srinath Sambangi ShaunMenon are concerned to the apprentice should have attained 18 years. Other than the above-prescribed qualification, extra qualifications may be prescribed for special trades and special categories of apprentices.  Applicability As per the Apprentice Act 1961, for the industries and trades which were informed by the Central Government in the Official Gazette, the act is applicable. The date of application may follow those particular circulars. Almost all the industries fall under the purview of the act. The Apprentice Act moreover may not be applicable to the special Apprenticeship programs of the governmentunless and until informed by the Central Government in the Official Gazette. For clearing the doubts, this act applies to those categories of apprenticeship where the practical education is necessary to the trade. ‘Internships’ are not covered under this act.  An employing company is obligated to deliver a duplicate of every apprenticeship agreement that he enters into within 30 days from the date of entering to the Apprenticeship marketing consultant. Once a portal internet site is made with the aid of the imperative government for this reason, then the business enterprise would possibly send the info of contracts within seven days from the date of entering.  Apprentice appointed has to execute a contract of apprenticeship with the employer. The agreement must be registered with Apprenticeship Adviser. If an apprentice is minor, an agreement has to be signed via his father or mother. Apprentice is eligible for a Casual leave of 12 days, Medical Leave of 15 days and other leaves of 10 days in 12 months. 13) The Employees Compensation Act, 1923 The Employees Compensation Act, 1923 is an enactment that was issued by the central Government and was implemented by various State Governments which gives social security to workers. This security is offered by the law for people who work. The Act was formed after it was noted that laborers were getting more exposed to danger with the use of advanced and sophisticated machinery. The common law had it that the employer would only take up the compensation responsibility if it is found that the industrial accident was a result of his negligence. In India, the issue of compensating workmen after fatal and major accidents hit the road in 1884. It was then in 1885 that the factory and mining inspectors realized that the Fatal Accidents Act, 1885, was not enough to attend to the intended purposes.  Extent and applicability of the Act  All railway servants not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any capacity as is specified in Schedule II to the Act, Persons employed in any such capacity as is specified in Schedule II to the Act. Schedule II includes persons employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations,
  • 13. Srinath Sambangi ShaunMenon Persons employed in employments added to Schedule II by the State Government in exercise of the powers conferred on them under section 2(3) of the Act.  Compensation is payable under these circumstances  Compensation is payable in case of temporary/permanent disablement or death as a result of an employment injury. The contracting of any disease listed in Schedule III to the Act is deemed to be an injury by accident.  Occupational Diseases  If a workman employed in the employment specified in Schedule III of the Act contracts any occupational disease peculiar to that employment, he becomes eligible for payment of compensation under the Act. The occupational diseases should be contractedwhile in the service of an employer in the specified employment. The Schedule III divides the occupational diseases in three parts, namely Part-A, Part-B and Part-C.  Settlement of Cases The claims for settlement are generally classified into three categories, (i) Uncontested Cases, Disputed Cases and Fatal Cases.  Employer’s liability for compensation The employer is liable to pay the compensation only if it is an accident arising out and in the course of employment. This is only applicable under a few circumstances - There must be a causal connection between the injury and accident, - The injury must be in the course of employment, - The probability in which the work lead to the injury, - The workmanmusttake proper carein order to not aggravate the injury causedin the courseof employment.  This Act is mainly based on two aspects - Theory of Least Cost - The production cost shall have the cost of blood and workmen included. 14) The Equal Renumeration Act, 1976-  Every employer covered under this act shall pay the employees remuneration in cash/kind at a rate which shall not be less favorable to the other gender if the work is the same or of similar nature. Same work or work of similar nature would mean if the work is performed under similar conditions either by a man or woman it would
  • 14. Srinath Sambangi ShaunMenon require the same skill, effort and responsibility. If there are any differences in the skill, effort and responsibility required from a man when compared to a woman the same is not important to the employment.  No employer shall reduce renumeration of any worker in order to comply to this Act.  In case the remuneration payable before the commencement of this act was different due to discrimination then going forward the higher(in case of two rates) or highest(in case of more than two rates) rate shall be payable. - However, the same shall not apply to the remuneration payable for the services rendered before the commencement of the act.  While employees are recruitedfor workwhichis the sameor of similar nature no discrimination shall be directed towards women unless any law prohibits the same. This provision is also extended to activities after recruitment i.e promotion, training or transfer. The reservations made towards Scheduled Castes or Scheduled Tribes, ex- servicemen, retrenchedemployees or any other class or categoryof persons will not be affectedby this provision.  An advisory committee shall be formed which shall consist of 10 members half of which shall be women and the committee shall focus on providing its advice for increasing the employment opportunities for women, hours of work, nature of work and such other matters.  Every employer is supposed to maintain registers and other documents in relation to the workers employed by them.  The appropriate authority shall appoint inspectors for the purpose of investigation and compliance of provisions in the act.