2. CONTENTS……….
Ado
Adolescent
Adult
Child
Retrenchment
Discharge
Dismissal
Go Slow
Lay off
Classification of workers.
Working Hour.
Employee Leave.
Maternity welfare facilities.
Punishment for conviction &
misconduct.
Procedure for Punishment.
Termination by employer or
employee.
Payment for PF.
Time limit for payment of FNF.
Service Benefit.
Definitions……. Contents……
3. DEFINITION …….
Adolescent: Adolescent means a person who has completed his 14th
years but not completed 18th years of age.
Adult: Adult means a person who has completed 18th year of age.
Child : Child means a person who has not completed his 14th year of age.
Retrenchment : Retrenchment means the termination by the employer of
service of workers on the ground of redundancy.
Discharge : Discharge means the termination of services of a worker by the
employer for the reasons of Physical or mental incapacity or continued ill
health of a worker.
4. DEFINITION …….
Dismissal : Dismiss means termination of service of worker by
the employer for misconduct.
Go Slow : Go Slow means an organized, deliberate and purposeful
slowing down of normal output of work by a body of workers in a
concerted manner, and which is due to any mechanical defect,
breakdown of machinery, failure or defect in power supply or in
the supply of normal materials and spare parts of machinery
Lay off : Lay off means the failure, refusal or inability of an
employer on account of shortage of coal, power or raw material or
the accumulation of stock or the breakdown of machinery, to give
employment to a worker.
5. CLASSIFICATION OF WORKER….
Workers employed in any
establishment shall be classified
in any of the following class
according to nature and
condition of work namely-
1. Apprentice
2. Badli
3. Casual
4. Temporary
5. Probation
6. Permanent
1. Apprentice: A worker shall
be called an apprentice if
he is employed in an
establishment as a learner
& is paid an allowance
during the period of his
training.
2. Badli: A worker shall be
called a badli if he is
employed in an
establishment in the post of
a permanent worker or
probationer during the
period of his temporary
absence
6. CLASSIFICATION OF WORKER……
3. Casual: A worker shall be
called a casual worker if his
employment in an
establishment is casual nature.
4. Temporary: A worker shall be
called a temporary worker if he
is employed in an
establishment for work which is
essentially of temporary
nature,& is likely to be finished
within a limited period.
5. Probationer : A worker be shall
be called a probationer if he is
provisionally employed in an
establishment to fill a permanent
vacancy in a post & has not
completed the period of his
probation.
6. Permanent: A worker shall be
called a permanent worker if he
is employed in an establishment
on a permanent basis or if he has
satisfactorily completed the
period of his probation in the
establishment.
7. WORKING HOURS………..
Section-100: No Adult
Worker Shall ordinarily be
required or allowed to
work in an establishment
for more than eight hours
in any day.
Provided that-
An adult worker may work in
an establishment not
exceeding ten hours in any
day. (Section 108)
Section-102: Adult workers
shall ordinarily be required
or allowed to work in an
establishment for more than
48 hours in any week.
But an adult worker may
work for more than 48 hours
in a week
Provided that the total hours
of work of an adult worker
shall not exceed 60 hours in
any week and on the average
56 hours per week in any
year.
DAILY WORKING HOURS WEEKLY WORKING HOURS
8. Section-109: No women
shall, without her consent, be
allowed to work in an
establishment in between 10
pm and 6 am.
Section-108: When a worker
works in an establishment
for more then the prescribed
hours in any day or week, in
that case he shall get OT at
the rate of twice of average of
his basic wages.
Restriction on working hours
of women
Extra Allowance For OT
10. EMPLOYEE LEAVE ……
Section-115: Every worker
shall be entitled to casual
Leave with full wages for 10
(Ten) days in a calendar year.
It will not be accumulated
and carried forward to the
succeeding year.
Section-116: Every worker
shall be entitled to sick leave
with full wages for a total
period of 14 (Fourteen) days
in a year. It will not be
accumulated and carried
forward to the succeeding
year.
Casual Leave Sick Leave
11. Section-118: Every worker
shall be allowed 11 (Eleven
Days) festival holidays with
full wages in a year.
A worker may be required to
work on a festival holiday but
2 (Two) days additional
compensatory holidays with
full wages & a substitute
holiday shall be provided.
[]
Festival Holidays
[Note: A worker may be
required to work on festival
holiday but two days
additional compensatory
holiday with full wages & a
substitute holiday shall be
provided]
12. Annual Leave
Section-117: Every adult worker who has completed a period of
one year continuous service in the establishment shall be
allowed leave & it calculated at the rate of 01 day for every 18
days of work.
[Note: Only Earned leave can carry forward to the succeeding year.
Any leave applied for by a worker but refused by his employer
shall be added to the credit of such worker]
13. o Section -45,46: Employers are liable to provide
maternity benefits to the employee who has
completed at least 6 months of service with the
employer by the date of confinement.
Every woman employed in any establishment shall
be entitled to the payment of maternity benefit :
08 weeks (2 month) preceding the tentative date of
her delivery.
08 weeks (2 month) immediately following the said
of her delivery.
[Note: No woman worker shall be entitled to such
benefit if she has, at the time of delivery, two or more
children alive].
Maternity welfare facilities
14. o Section-23: A worker guilty of misconduct may, instead of being
dismissed
Removal
Reduction to a lower post, grade or scale of pay, for a period not
exceeding 1 year.
Stoppage of promotion for a period not exceeding 1 year.
Withholding of increment for a period not exceeding 1 year.
Fine.
Suspension without wages for a period not exceeding 7 days.
Censure & warning.
PUNISHMENT FOR CONVICTION & MISCONDUCTS
15. PROCEDURE FOR PUNISHMENT
o Section-24: No order of punishment against a worker shall be
made unless-
The allegations against him are recorded in writing.
He is given a copy thereof and not less than seven day’s time
to explain.
He is given a opportunity of being heard.
He is found guilty, after enquiry.
The employer or the manager approves of such order.
16. PROCEDURE FOR PUNISHMENT
A worker charged for misconduct may be suspended, unless the
matter is pending before any Court, the period of such
suspension shall not exceed 60 days.
Provided that, during the period of suspension, a worker shall
be paid by his employer a subsistence allowance equivalent to
half of his average wages(Basic).
o If the worker is found not guilty of charges on inquiry he shall
be deemed to have been on duty for the period of suspension for
enquiry, if any, and shall be entitled to his wages for such period
of suspension & subsistence allowance shall be adjusted
accordingly
17. TERMINATION BY EMPLOYER OR EMPLOYEE
(SECTION-26,27)
In the case of termination of the employment with notice by
Employer-
The employer shall be terminated of monthly rate workers giving a
written notice of 120 days and the employer shall be terminated of
other workers giving a written notice of 60 days.
In the case of termination of the employment with notice by
Employee-
If a permanent worker desires to terminate his/her employment, 60
days’ written notice must be given to the employer.
If a worker (in probation) desires to terminate his/her employment,
14 days’ notice must be given to the employer.
18. Payment of Provident Fund:
Section-29: No worker, who is a member of any Provident fund shall
not be deprived due to retrenchment, dismissal, and discharge or
terminated.
Time limit for payment of final dues of workers:
Section-30: The appointing authority shall pay all dues of a worker
within maximum of 30 working days of his discharge, dismissal,
retirement or termination.
19. SERVICE BENEFIT (SECTION-14,27)
A worker, who during the preceding twelve calendar months, has
actually worked in an establishment for not less than 240 days and
120 days, as the case may be, shall be deemed to have completed 1
year or 6 month respectively of continuous service in the
establishment.
When a employment of permanent worker is terminated, he shall be
paid by the employer compensation—
a) At a rate of 14 days wages for every completed year of service if he
has completed 5 years of continuous service or more but less than
10 years.
b) At the rate of 30 days wages for every completed year of service, if
he has completed 10 years of continuous service or more.
