Useful tips on_labour_laws


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Useful tips on_labour_laws

  2. 2. APPRENTICES ACT, 1961CHECKLIST Object of the Act Applicability of the Act Apprenticeship Advisor Promotion of new manpower at skills. Areas and industries as Central Apprenticeship Improvement/refinement of old skills notified by the Central Advisor – when appointed through theoretical and practical training Government by Central Government. in number of trades and occupation Sec. 1 Sec. 2(b) Industry Qualification for being trained as an Apprentice Industry means any industry, or business A person cannot be an apprentice in any designated trade or in which any trade, occupation or unless subject/field in engineering or technology He is not more than 14 years of age; or any vocational course may be specified He satisfies such standard of education as a designated trade And physical fitness as Sec. 2(k) May be prescribed. Sec. 3 Contract of Apprenticeship Conditions for Novation of Period of To contain such terms and Contract of Apprenticeship Apprenticeship conditions as may be agreed to by Training to be the apprentice, or his guardian (in • There exists an apprenticeship Determined by the case he is a minor) and employers. contract. National Council Sec. 4 • The employer is unable to fulfil his obligation. Obligations of Termination of • The approval of the Apprenticeship employers Apprenticeship Advisor is obtained. • To Provide the On the expiry of the period of • Agreement must be apprentice with Apprenticeship training. registered with the the training in his On the application by either of the Apprenticeship Advisor. trade. parties to the contract to the Sec. 5 • To ensure that a Apprenticeship Advisor person duly Sec. 6 qualified is placed Number of Apprentices in in charge of the Payment to Apprentices Designated Trade training of the The employer to pay such stipend at a rate To be determined by The Central apprentice. of not less than the prescribed minimum Government after consulting the • To carry out rate as may be specified. Central Apprenticeship Council contractual Sec. 6 Sec.8 obligations. Sec. 11 Obligations of Apprentice Employer’s liability to pay To learn his trade conscientiously, diligently. compensation for injury To attend practical and instructional classes regularly. As per provisions of Workmen’s To carry out all lawful orders. Compensation Act. To carry out his contractual obligations. Sec. 16 Health safety & Welfare measures for Apprentices As per Factories Act or Mines Act as the case may be when undergoing training. Offences & Punishment Hours of work Imprisonment of a term upto 6 42 to 48 in a week while on theoretical training. months or with fine when 42 in a week while on basic training. employer (I) engages as an 42 to 45 in a week in second year of training. apprentice a person who is not As per other workers (in the third year). qualified for being so engaged Not allowed to work between 10 PM to 4 AM unless approved by or (ii) fails to carry out the Apprenticeship Advisor. terms and conditions of a Leave and Holidays contract of apprenticeship, or Casual leave for the maximum period of 12 days in a year. (iii) contravenes the provisions Medical leave for the maximum period of 15 days and the of the Act relating to the accumulated leave upto 40 days in a year. number of apprentices which he Extraordinary leave upto a maximum period of 10 days in a year. is required to engage under Sec. 15 those provisions Secs. 30 & 31
  3. 3. CONTRACT LABOUR (REGULARATION & ABOLITION) ACT, 1970 CHECKLIST & THE RULES Applicability Registration of • Every establishment in which 20 or more Establishment Object of the Act workmen are employed or were Principal employer employing To regulate the employed on any day of the preceding 20 or more workers through employment of contract 12 months as contract labour. the contractor or the labour in certain • Every contractor who employs or who contractor(s) on deposit of establishments and to employed on any day of the preceding required fee in Form 1 provide for its abolition in twelve months 20 or more workmen. Sec. 7 certain circumstances and Sec. 1 for matters connected therewith. Revocation of Registration Licensing of Contractor Prohibition of Employment of Contract When obtained by • Engaging 20 or more than Labour Misrepresentation or 20 workers and on depositOnly by the appropriate Government suppression of required fee in Form IV.through issue of notification after Of material facts etc. after • Valid for specifiedconsultation with the Board (and not Courts) opportunity to the principal period.Sec.12, Rule 21can order the prohibition of employment of employercontract labour. Sec. 10 Sec. 9 Revocation or Suspension & Welfare measures to be taken by the Contractor Amendment of Licences • Contract labour either one hundred or more employed by a contractor• When obtained by misrepresentation or for one or more canteens shall be provided and maintained. suppression of material facts. • First Aid facilities.• Failure of the contractor to comply with • Number of rest-rooms as required under the Act. the conditions or contravention of Act or • Drinking water, latrines and washing facilities. Sec. 16 & 17 the Rules. Sec. 14 Liability of Principal Employer Laws, Agreement or standing • To ensure provision for canteen, restrooms, sufficient supply of drinking orders inconsistent with the Act- water, latrines and urinals, washing facilities. Not Permissible • Principal employer entitled to recover from the contractor for providing suchUnless the privileges in the contract amenities or to make deductions from amount payable. Sec. 20between the parties or more favourablethan the prescribed in the Act, suchcontract will be invalid and the workers will Muster Roll, Wages Register, Deduction Register and Overtime Register bycontinue to get more favourable benefits. Contractor Sec. 20 • Every contractor shall • Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII respectively when combined. Registers of Contractors • Register or wage-cum-Muster Roll in Form XVII where the wage period is a fortnight or• Principal employer less. • To maintain a register of contractor in • Maintain a Register of Deductions for damage or loss, Register or Fines and Register of respect of every establishment in Form Avances in Form XX, from XXI and Form XXII respectively. XII. • Maintain a Register of Overtime in Form XXIII.• Contractor Rule 74 • To issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages. • To maintain register of workers for • Obtain the signature or thumb impression of the worker concerned against the entries each registered establishment in Form relating to him on the Register of wages or Muster Roll-Cum-Wages Register. XIII. • When covered by Payment of Wages Act, register and records to be maintained under • To issue an employment card to each the rules worker in Form XIV. • Muster Roll, Register of wages, Register of Deductions, Register of Overtime, Register of • To issue service certificate to every Fines, Register of Advances, Wage slip. Rule 79 workman on his termination in Form • To display an abstract of the act and Rules in English and Hindi and in the language XV. Rules 75, 76 and 77 spoken by the Majority of workers in such forms as may be approved by appropriate authority Rule 80 • To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector andPENALTIES any change forwithwith Rule 81Sec. Offence PunishmentSec. 22 Obstructions For obstructing the inspector or failing to produce registers etc. - 3 months’ imprisonment or fine upto Rs.500, or both.Sec.23 Violation For violation of the provisions of Act or the Rules, imprisonment of 3 Months or fine upto Rs.1000. On continuing contravention, additional fine upto Rs.100 per day
  4. 4. EMPLOYEES’ PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952& THE SCHEMESCHECKLIST Eligibility ApplicabilityAny person who is employed for • Every establishment which is factory engaged in any industry specified in work of an establishment or Schedule 1 and in which 20 or more persons are employed. employed through contractor in • Any other establishment employing 20 or more persons which Centralor in connection with the work of Government may, by notification, specify in this behalf. an establishment. • Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act. Payment of Contribution• The employer shall pay the contribution payable to the EPF, Benefits DLI and Employees’ Pension Fund Employees covered enjoy a benefit of Social Security in the form of an in respect of the member of the unattachable and unwithdrawable (except in severely restricted circumstances Employees’ Pension Fund like buying house, marriage/education, etc.) financial nest egg to which employed by him directly by or employees and employers contribute equally throughout the covered persons’ through a contractor. employment.• It shall be the responsibility of the This sum is payable normally on retirement or death. Other Benefits include principal employer to pay the Employees’ Pension Scheme and Employees’ Deposit Linked Insurance Scheme. contributions payable to the EPF, DLI and Employees’ Pension Fund by himself in respect of the Rates of Contribution employees directly employed by him and also in respect of the employees directly employed by SCHEME EMPLOYEE’S EMPLOYER’S CENTRAL GOVT’S him and also in respect of the Amount > 8.33% employees employed by or through (in case where a contractor. contribution is 12% of 10%) Provident Fund 12% 10% (in case of NIL Clarification about Contribution Scheme certainAfter revision in wage ceiling from Establishments asRs.5000 to Rs.6500 w.e.f. 1.6.2001 per per details givenmonth, the government will continue to earlier)contribute 1.16% upto the actual wage Insuranceof maximum Rs.6500 per month NIL 0.5 NIL Schemetowards Employees’ Pension Scheme. 8.33% (DivertedThe employer’s share in the Pension Pension Scheme NIL out of Provident 1.16%Scheme will be Rs.541 w.e.f. 1.6.2001. FundUnder Employees’ Deposit-LinkedInsurance Scheme the contribution @0.50% is required to be paid upto a Damagesmaximum limit of Rs.6500.The employer also will pay • Less than 2 months ….@ 17% per annumadministrative charges @ 0.01% onmaximum limit of Rs.6500 whereas an • Two months and above but less than upto four months ….@22% per annumexempted establishment will payinspection charges @ 0.005% on the • Four months and above but less than upto six months ….@ 27% per annumtotal wages paid.Notes: • Six months and aboveThe above clarification is given by takingwages upto a maximum of Rs.6500towards wage (basic+DA).Since an excluded employee i.e.drawing wages more than Rs.6500 can Penal Provision Liable to be arrested without warrant being a cognisable offence.also become member of the Fund andthe Schemes on joint request and if, for Defaults by employer in paying contributions or inspection/administrativeinstance, such an employee is gettingRs.10,000 per month, his share towards charges attract imprisonment upto 3 years and fines upto Rs.10,000 (S.14). Forprovident fund contribution will beRs.1200 e.g. 12% and employer’s share any retrospective application, all dues have to be paid by employer withtowards provident fund contributioin willbe Rs.659 and Rs.541 towards damages upto 100% of arrears.Employees’ Pension Fund.
  5. 5. EMPLOYEES’ STATE INSURANCE ACT, 1948 & the SCHEMECHECK LIST Coverage Rate of Applicability of of employees Contribution of the Act & Scheme THE ESI SCHEME TODAY Drawing wages the wages Is extended in area- No. of implemented Centres 677 wise to factories using upto No. of Employers covered 2.38 lacs power and employing Rs.10,000/- per Employers’ 4.75% No. of Insured Persons 85 lacs 10 or more persons month Employees’ 1.75% No. of Beneficiaries 330 lacs and to non-power engaged either No. of Regional Offices/SRO’s 26 using manufacturing directly or thru’ No. of ESI Hospitals/Annexes 183 units and establish- contractor No. of ESI Dispensaries 1453 ments employing 20 No. of Panel Clinics 2950 or more person upto Rs.7500/- per month Manner and Time Limit w.e.f. 1.4.2004. It for making Payment of contribution Benefits has also been extend- To the employees under the Act ed upon shops, The total amount of contribution (employee’s hotels, restaurants, share and employer’s share) is to be deposited with the authorised bank through a challan in Medical, sickness, extended sickness roads motor transport for certain diseases, enhanced undertakings, equip- the prescribed form in quadruplicate on ore before 21st of month following the calendar sickness, dependents maternity, ment maintenance besides funeral expenses, rehabilitation staff in the hospitals. month in which the wages fall due. allowance, medical benefit to insured person and his or her spouse. WAGES FOR ESI CONTRIBUTIONS Contribution Contribution Registers/files to be maintained by the employers period periodTo be deemed as wages NOT to be deemed as If the person joined wages 1st April to 30th insurance employment for• Basic pay September. the first time, say on 5th • Contribution paid by kthe January, his first• Dearness allowance contribution period will be employer to any• House rent allowance pension/provident fund or 1st October to 31st from 5th January to 31st• City compensatory under ESI Act. March March and his allowance corresponding first benefit • Sum paid to defray special will be from 5th October to• Overtime wages (but not expenses entailed by the 31st December. to be taken into account nature of employment – for determining the Daily allowance paid for coverage of an employee) the period spent on tour.• Payment for day of rest Penalties • Gratuity payable on• Production incentive discharge. Different punishment have been prescribed for different• Bonus other than • Pay in lieu of notice of statutory bonus retrenchment types of offences in terms of Section 85: (I) (six• Night shift allowance compensation months imprisonment and fine Rs.5000), (ii) (one year• Heat, Gas & Dust • Benefits paid under the imprisonment and fine), and 85-A: (five years allowance ESI Scheme. • Encashment of leave imprisonment and not less to 2 years) and 85-C(2) of• Payment for unsubstituted holidays • Payment of Inam which the ESI Act, which are self explanatory. Besides these• Meal/food allowance does not form part of the provisions, action also can be taken under section 406 terms of employment.• Suspension allowance of the IPC in cases where an employer deducts • Washing allowance for• Lay off compensation livery contributions from the wages of his employees but• Children education • Conveyance Amount allowance (not being does not pay the same to the corporation which towards reimbursement reimbursement for actual for duty related journey amounts to criminal breach of trust. tuition fee)
  6. 6. FACTORIES ACT, 1948 CHECK LIST Employer to ensure health of Registration & Renewal Applicability of the Act workers pertaining to of Factories Any premises whereon 10 or • Cleanliness Disposal of wastes and more persons with the aid of effluents To be granted by Chief power or 20 or more workers • Ventilation and temperature dust and Inspector of Factories on are/were without aid of power fume submission of prescribed working on any dayd preceding • Overcrowding Artificial humidification form, fee and plan. 12 months, wherein Manufactur- Lighting Secs. 6 ing process is being carried on. • Drinking water Spittons. Sec.2(ii) Secs. 11 to 20 Safety Measures • Self-acting machines. Welfare Measures • Casing of new machinery.• Facing of machinery • Prohibition of employment of • Washing facilities• Work on near machinery in motion. women and children near • Facilities for storing and drying• Employment prohibition of young persons cotton-openers. clothing on dangerous machines. • Hoists and lifts. • Facilities for sitting• Striking gear and devices for cutting off • First-aid appliances – one first aid power. box not less than one for every 150 workers. Working Hours, Spread Over & Overtime of Adults • Canteens when there are 250 orWeekly hours not more than 48. more workers.Daily hours, not more than 9 hours. • Shelters, rest rooms and lunchIntervals for rest at least ½ hour on working for 5 hours. rooms when there are 150 or moreSpreadover not more than 10½ hours. workers.Overlapping shifts prohibited. • Creches when there are 30 orExtra wages for overtime double than normal rate of wages. more women workers.Restrictions on employment of women before 6AM and beyond 7 PM. • Welfare office when there are 500 Secs. 51, 54 to 56, 59 & 60 or more workers. Employment of Young Persons Annual Leave with Wages• Prohibition of employment of young children e.g. 14 years. A worker having worked for 240 days @• Non-adult workers to carry tokens e.g. certificate of fitnekss. one day for every 20 days and for a child• Working hours for children not more than 4 ½ hrs. and not permitted to one day for working of 15 days. work during night shift. Accumulation of leave for 30 days. Secs. 51, 54 to 56, 59 & 60 Secs. 79OFFENCE PENALTIES Sec.92 to• For contravention of the Provisions of the Act or Rules • Imprisonment upto 2 years or fine upto Rs.1,00,000 or both• On Continuation of contravention • Rs.1000 per day• On contravention of Chapter IV pertaining to safety or • Not less than Rs.25000 in case of death. dangerous operations. • Not less than Rs.5000 in case of serious injuries.• Subsequent contravention of some provisions • Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.• Obstructing Inspectors • Imprisonment upto 6 months or fine upto Rs.10,000 or both.• Wrongful disclosing result pertaining to results of analysis. • Imprisonment upto 6 months or fine upto Rs.10,000 or both.• For contravention of the provisions of Sec.41B, 41C and • Imprisonment upto 7 years with fine upto Rs.2,00,000 and 41H pertaining to compulsory disclosure of information by on continuation fine @ Rs.5,000 per day. occupier, specific responsibility of occupier or right of • Imprisonment of 10 years when contravention continues workers to work imminent danger. for one year.
  7. 7. EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 & THE RULES CHECK LIST Applicability of the Act When Act is not applicable Object of the Act • Any employment in agriculture, By notification in the Official horticulture etc. To provide for the Gazette, appoint in this • Any employment in domestic service. compulsory behalf for such State and • Any employment, the total duration of notification of different dates may be which is less than three months. vacancies to appointed for different states • Any employment to do unskilled office employment or for different areas of a work. exchanges. State. • Any employment connected with the staff of Parliament. Sec. 3 Notification of vacancies to Employment Exchanges Furnishing information and returnsBefore filling up any vacancy as prescribed.Employer not obliged to recruit the person through employment The employer in every establishmentexchange. in public sector in that State or areaTo notify the vacancies to such employment exchanges as may be shall furnish such information or returnprescribed. as may be prescribed in relation to Secs. 4 vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed. Secs. 5 Time limit for notification of vacancies & selection Submission of Returns • Quarterly in Form ER-I• Atleast 15 days before the applicants will be interviewed or tested. • BIENNIAL Return Form ER-II • Within 30 days by 30th June, 31st• Employer to furnish the result of selection within 15 days. March, 30th September & 31st Rules 5 December. Rule 6 PENALTIES• An employer contravening the provisions of Sec.4(1) or (2).• Fine upto Rs.500 for first offence and for every subsequent offence fine Rs.1000.• If any person – • Required to furnish any information or return – • Refuses or neglects to furnish such information or return, or • Furnishes or causes to be furnished any information or return which he knows to be false, or • Refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished under section 5; or• Impedes the right of access to relevant records or documents or the right of entry conferred by section 6; he shall be punishable for the first offence with fine upto Rs.250 and for every subsequent offence with fine upto Rs.250 and for every subsequent offence with fine upto Rs.500. Rules 7
  8. 8. INDUSTRIAL DISPUTES ACT, 1947 Object of the Act Provisions for investigation and settlement of industrial disputes and for certain other purposes. Important Clarifications Power of Labour Court to give Right of a Workman during PendencyIndustry – has attained wider meaning than defined Appropriate Relief of Proceedings in High Courtexcept for domestic employment, covers from barber Labour Court/Industrial Tribunal can Employer to pay last drawn wages toshops to big steel companies. Sec.2(I) Modify the punishment of dismissal or reinstated workman when proceedingsWorks Committee–Joint Committee with equal number discharge of workmen and give appropriate challenging the award of hisof employers and employees’ representatives for relief including reinstatement. Sec.11A reinstatement are pending in thediscussion of certain common problems. Sec.3 higher Courts. Sec.17BConciliation–is an attempt by a third party in helping tosettle the disputes Sec.4 Persons Bound by SettlementAdjudication – Labour Court, Industrial Tribunal or • When in the course of conciliation Period of Operation ofNational Tribunal to hear and decide the dispute. proceedings etc., all persons working Settlements and AwardsSecs.7,7A & 7B or joining subsequently. • A settlement for a period as agreed by the parties, or • Otherwise than in course of • Period of six months on signing settlement upon the parties to the of settlement. Lay off & Payment of Compensation – settlement. Sec.18 • An award for one year after its Conditions for Laying off enforcement. Sec.19Failure, refusal or inability of an employer to providework due to Notice of Change• Shortage of coal, power or raw material. 21 days by an employer to workmen Prior Permission for Lay off• Accumulation of stocks. When there are more than 100 about changing the conditions of service• Breakdown of machinery. as provided in IV th Schedule. Sec.9A workmen during proceeding 12• Natural calamity. Sec.25-C months. Sec.25-M Lay off Compensation Prohibition of Strikes & Lock OutsPayment of wages except for • Without giving to the employer notice of strike, as • During the pendency of proceedings before a Labour Court,intervening weekly holiday hereinafter provided, within six weeks before striking. Tribunal or Nationalcompensation 50% of total or • Within fourteen days of giving such notice. • Tribunal and two months, after the conclusion of suchbasic wages and DA for a period • Before the expiry of the date of strike specified in any proceedings.of lay off upto maximum 45 days such notice as aforesaid. • During the pendency of arbitration proceedings before anin a year. Sec.25-C • During the pendency of any conciliation proceedings arbitrator and two months after the conclusion of such before a conciliation officer and seven days after the proceedings, where a notification has been issued under conclusion of such proceedings. Sub-Section(3A) of section 10A Prior Permission by the • During the pendency of conciliation proceedings before • During any period in which a settlement or award is in Government for Retrenchment a Board and seven days after the conclusion of such operation, in respect of any of the matters covered by the• When there are more than 100 (in proceedings. settlement or award. Secs.22&23 UP 300 or more) workmen during preceding 12 months.• Three months’ notice or wages Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings thereto. • Not to alter to the prejudice of workmen concerned the condition of service.• Form QA• Compensation @ 15 days’ wages. • To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge Sec. 25-N or punish a protected workman connected with the dispute. • To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33 Prohibition of unfair labour practice either by employer or workman or a trade union as Retrenchment of Workmen Compensation & Conditions stipulated in fifth schedule • Workman must have worked for 240 days. Both the employer and the Union can • Retrenchment compensation @ 15 days’ wages for every completed year to be calculated at last drawn wages be punished. Sec.25-T • One month’s notice or wages in lieu thereof. • Reasons for retrenchment • Complying with principle of ‘last come first go’. Closure of an Undertaking • Sending Form P to Labour Authorities.60 days’ notice to the labour authorities forintended closure in Form QA. Sec.25FFAPrior permission atleast 90 days before in Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedingsForm O by the Government when there are • Not to alter to the prejudice of workmen concerned the condition of service.100 ore more workmen during preceding 12 • To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge or punish amonths (in UP 300 or more workmen) protected workman connected with the dispute.Sec.25-O • To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33PENALTIES Offence <Punishment Committing unfair labour practices Imprisonment of upto 6 months or with fine upto Rs.3,000. Sec.25-U Imprisonment upto one month or with fine upto Rs.50(Rs.1000 for lock-out) or 26 Illegal strike and lock-ourts Instigation etc. for illegal strike or lock-outs. with both. 27 Imprisonment upto 6 months or with fine upto Rs.1,000 28 Giving financial aid to illegal strikes and lock-outs. Breach of settlement or award Imprisonment for 6 months or with fine upto Rs.1,000 29 Imprisonment upto 6 months or with fine.On continuity of offence fine 30 Disclosing confidential information pertaining to Sec.21 Closure without 60 days’ notice under Sec.25 FFA uptoRs.200 per day 31A Imprisonment upto 6 months or with fine upto Rs.1,000 Contravention of Sec.33 pertaining to change of conditions of Service during pendency of dispute etc. Imprisonment upto 6 months or with fine upto Rs.5,000 When no penally is provided for contravention Imprisonment upto 6 months or fine upto Rs.1,000. Fine upto Rs.100 31
  9. 9. INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 & THE RULESCHECK-LIST Matters to be provided in Standing orders Applicability of • Classification of workmen, e.g., whether permanent, temporary, apprentices, the Act probationers, or badlis. Every industrial • Manner of intimating to workmen periods and hours of work, holidays, pay-days establishment and wage rates. wherein 100 or more • Shift working. (in many States it is • Attendance and late coming. 50 or more). • Conditions of, procedure in applying for, and the authority which may grant, Any industry covered leave and holidays. by Bombay • Requirement to enter premises by certain gates, and liability to search. Industrial Relations • Closing and re-opening of sections of the industrial establishments, and Act, 1946. temporary stoppages of work and the right and liabilities of the employer and Industrial workmen arising therefrom. establishment • Termination of employment, and the notice thereof to be given by employer and covered by M.P. workmen. Industrial • Suspension or dismissal for misconduct, and acts or omissions which constitute Employment misconduct. (Standing Orders) • Means of redressal for workmen against unfair treatment or wrongful exactions Act, 1961. by the employer or his agents or servants. Sec. 1 Additional Matters Service Record – Matters relating to service card, token tickets, certification of service, Conditions for change of residential address of workers and record of age Confirmation Age of Certification of retirement Transfer Medical aid in case of Accident Medical Examination Secrecy Standing Orders Exclusive service.• Every matter to be Secs.2(g), 3(2) and Rule 2A set out as per Schedule and Rule 2A.• The standing orders Procedure for Date of Posting of Standing to be in conformity Certification of Standing Operation of Orders with the provisions Orders Standing Orders of the Act. Certifying Officer to forward The text of the standing a copy of draft standing On the date of orders as finally certified orders to the trade union or expiry of 30 days shall prominently be in the absence of union, to from certification or posted in English or in the Submissions of the workmen of the on the expiry of 7 language understood by Draft Standing industry. The trade union or days from majority of workmen on Orders the other representatives, as authentication of special board at or near the case may be, are to be Standing Orders. the entrance for majorityWithin six months from heard. of workers.the date when the Act Sec.5 Sec. 7 Sec. 9becomes applicable toan industrialestablishment. Five Temporary application Payment of Subsistence Allowance to thecopies of the draft of Model Standing Suspended WorkersStanding Orders are to Orders At the rate of fifty per cent, of the wages which the workmanbe submitted to the Temporary application of was entitled to immediately proceeding the date of suchCertifying Officer under mod standing orders shall suspension, for the first ninety days of suspension.the Act. be deemed to be adopted At the rate of seventy-five percent of such wages for the till the standing orders as remaining period of suspension if the delay in the completion Sec.3 submitted are certified. of disciplinary proceedings against such workman is not Sec.12-A directly attributable to the conduct such workman. Sec.10-APENALTIES• Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for every day on continuation of offence.• Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day.
  10. 10. MATERNITY BENEFIT ACT, 1961 CHECK LIST Coverage of the Act Conditions for eligibility of Object of the Act Upon all women employees either employed To protect the dignity of benefits directly or through contractor except domestic Women indulging temporary of motherhood and the women employees employed in mines, factories, dignity of a new person’s unmarried are eligible for plantations and also in other establishments if the maternity benefit when she is birth by providing for the State Government so decides. Therefore, if the full and healthy expecting a child and has State Government decides to apply this Act to worked for her employer for at maintenance of the women employees in shops and commercial woman and her child at least 80 days in the 12 months establishments, they also will get the benefit of immediately proceeding the this important time when this Act. Bihar, Punjab Haryana, West Bengal, she is not working. date of her expected delivery U.P., Orissa and Andhra have done so. Sec. 5. Cash Benefits Conditions for eligibility of benefits• Leave with average pay for six weeks before the delivery.• Leave with average pay for six weeks after the delivery. • Ten weeks before the date of her• A medical bonus of Rs.25 if the employer does not provide free medical care to the woman. expected delivery, she may ask• An additional leave with pay up to one month if the woman shows proof of illness due to the the employer to give her light pregnancy, delivery, miscarriage, or premature birth. work for a month. At that time• In case of miscarriage, six weeks leave with average pay from the date of miscarriage. she should produce a certificate Non Cash Benefits/Privilege that she is pregnant.• Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if • She should give written notice to the employer about seven weeks she asks for it. before the date of her delivery• Two nursing breaks in the course of her daily work until the child is 15 months old. that she will be absent for six• No discharge or dismissal while she is on maternity leave. weeks before and after her• No change to her disadvantage in any of the conditions of her employment while on maternity delivery. She should also name leave. the person to whom payment will• Pregnant women discharged or dismissed may still claim maternity benefit from the employer. be made in case she can notException : Women dismissed for gross misconduct lose their right under the Act for Maternity take it herself.Benefit • She should take the payment for the first six weeks before she goes on leave. • She will get payment for the six Leave for Miscarriage Leave for illness arising out of weeks after child-birth within 48 & Tubectomy Operation pregnancy etc. etc. hours of giving proof that she• Leave with wages at the rate of A woman suffering from illness arising has had a child. maternity benefit, for a period of six our of pregnancy, delivery, premature • She will be entitled to two nursing breaks of fifteen minutes weeks immediately following the day of birth of child (Miscarriage, medical each in the course of her daily her miscarriage or her medical termination of pregnancy or tubectomy work till her child is fifteen termination of pregnancy. operation) be entitled, in addition to months old.• Entitled to leave with wages at the rate the period of absence allowed to her • Her employer cannot discharge of maternity benefit for a period of two leave with wages at the rate of her or change her conditions of weeks immediately following the day of maternity benefit for a maximum service while she is on maternity her tubectomy operation. period of one month. leave. Sec. 10 Sec. 5. Prohibition of dismissal during absence of pregnancy• Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will expire during such absence or to very her disadvantage.• Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.• At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus, etc.• Not barred in case of dismissal for cross misconduct. Sec. Failure to Display Forfeiture of maternity benefit Extract of Act If permitted by her employer to absent herself under the provisions of section 6 for any periodImprisonment may during such authorized absence, she shall forfeit her claim to the maternity benefit for suchextend to one year or period.fine. For discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than 3 months, but it will extend to one year and will find, but not exceeding Rs.5,000. Sec. 18
  11. 11. MINIMUM WAGES ACT, 1948CHECK LIST Object of the Act Fixation of Minimum Rates of Wages To provide for fixing • The appropriate government to fix minimum rates of wages. The employees minimum rates of wages employed in para 1 or B of Schedule either at 2 or either part of notification u/s 27. in certain employments • To make review at such intervals not exceeding five years the minimum rates or so fixed and revised the minimum rates. Government can also fix Minimum Wages for Minimum Rates of • Time work • Piece work at piece rate • Piece work for the purpose of securing to Wages such employees on a time work basis • Overtime work done by employees for pieceSuch as Basic rates of work or time rate workers. Sec. 3wages etc. Variable DAand Value of otherconcessions etc. Sec. 4 Procedure for fixing and Composition of Payment of revising Minimum Rates of Committee Minimum Rates of Wages Representation of Wages Fixing Hours for Appointing Committee issue of employer and employee Employer to pay to every Normal Working Notification etc. Sec. 5 in schedule employer in employee engated in equal number and schedule employment at• Shall constitute a a rate not less than independent persons not normal working day Overtime minimum rates of wages exceeding 1/3rd or its as fixed by Notification by inclusive of one or more To be fixed by the hour, by the total number one such not making deduction specified intervals. day or by such a longer wage- person to be appointed other than prescribed.• To provide for a day of period works on any day in by the Chairman. Sec.12 rest in every period of excess of the number of hours Sec. 9 seven days with constituting normal working day. remuneration. Payment for every hour or for• To provide for payment part of an hour so worked in Wages of workers who works for less than normal for work on a day of excess at the overtime rate working days rest at a rate not less double of the ordinary rate of Save as otherwise hereinafter provided, be entitled to than the overtime rate.. (1½ times or for agriculture receive wages in respect of work done by him on that day Sec. 13 labour) Sec. 5 as if he had worked for a full normal working day. Sec.15 Wages for two class of work Maintenance of registers and recordsWhere an employee does two or more • Register of Fines – Form I Rule 21(4)classes of work to each of which a different • Annual Returns – Form III Rule 21 (4-A)minimum rate of wages is applicable, • Register for Overtime – Form IV Rule 25wages at not less than the minimum rate in • Register of Wages–Form X, Wages slip–Form XI, Muster Roll–Form V Rule 26respect of each such class. Sec. 16 • Representation of register – for three year Rule 26-A Sec. 18 Minimum time rate wages for piece work Claims by employeesNot less than minimum rates wages as • To be filed by before authority constituted under the Act within 6 months.fixed . Sec. 17 • Compensation upto 10 times on under or non-payment of wages Sec. 16PENALITIES Offence Punishment For paying less than minimum rates of Imprisonment upto 6 months or wages with fine upto Rs.500/- Sec. 20 For contravention of any provisions Imprisonment upto 6 months or pertaining to fixing hours for normal with fine upto Rs.500/- working day etc.
  12. 12. SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976 & THE RULES CHECKLIST Object of the Act To regulate certain conditions of service of sales promotion employees in certain establishments. Applicability of the Act • Leave Maximum limit upto which • Earned leave and cash compensation on earned leaveWhole of India with effect from earned leave not availed of. • Can be accumulated 180 days6.3.1976 • On full wages for not less than 1/11th of of which the employee can the period spent on duty. avail himself 90 days at a • Leave on medical Certificate time. • On one-half of the waves for not less • Encashment of leave 120Applicability of other Acts than 1/18th of the period of service. days.• Workmen’s Compensation • Cashable on voluntary relinquishment or Sec.14 Act, 1923 termination other than by way of• Industrial Disputes Act, 1947 punishment.• Minimum Wages Act, 1948 Issue of Appointment Letter Sec.4• Maternity Benefit Act, 1961 in Form A• Payment of Bonus Act, 1965 • Within three months from• Payment of Gratuity Act, Number of holidays in a year the commencement of the 1972 10 in calendar year Act and in other case on Rule 4 appointment. Sec.5 Rule 22 Maintenance of register• A register of sales promotion Compensatory holidays employees in Form B. Within 30 days of the day when he was Wages for holidays• Service Books for every required to work. Rule 5 To be entitled for wages on all employee in Form C holidays as if he was on duty.• A register of service books in Rule 6 Form D Application for leave• Leave account of each When other than casual leave, not less than employee in Form E. Recording of reason for one month before commencement of leave Sec. 7 Rule 23 refusal or postponement of except for urgent or unforeseen leave. circumstances. Rule 10 Rule 9 Wages for weekly day of rest Entitled to wages on weekly Holidays intervening during the period Medical leave days of rest as if he was on of leave duty. Except casual leave grantged or day of On production of medical Rule 7 weekly rest, other holidays shall be part of certificate. leave. Rule 15Affixing of holidays to leave Rule 12 Premixing or suffixing of any leave not permissible Extraordinary leave Casual leave Rule 11 At the discretion of the employer 15 days in a calendar year. Quarantine leave Rule 15 Rule 17 Upto 30 days on therecommendations of authorised medical attendant or Public PENALTY Health Officer. On contravention of provisions relating to ‘Leave’ Issue of Appointment Letter or Rule 16 Maintenance of Registers fine upto Rs.1000 Sec. 9
  13. 13. TRADE UNIONS ACT, 1926 CHECKLIST Object of the Act To provide for the registration of Trade Union and in certain respects to define the law relating to registered Trade Unions Registration of trade Union Registration of trade Union• Any 7 or more members of a trade union may, by subscribing Prescribed form with following details. their names to the rules of the trade union and its compliance. • Names, occupations and address of the members’ place of work.• There should be at least 10%, or 100 of the work-men, whichever is less, engaged or employed in the establishment or • Address of its head office; and industry with which it is connected. • Names, ages, addresses and occupations of its• It has on the date of making application not less than 7 persons office bearers. as its members, who are workmen engaged or employed in the Sec. 5 establishment or industry with which it is connected. Minimum requirements for Cancellation of Criminal conspiracy in trade membership of trade union registration disputesNot less than 10%, or 100 of • If the certificate has been No office bearer or member of a registeredthe workmen, whichever is less, obtained by fraud or mistake or trade union shall be liable to punishmentsubject to a minimum of 7, it has ceased to exist or has under sub section (2) of conspiracy u/s 120B wilfully contravened any of IPC in respect of any agreement madeengaged or employed in an provision of this Act. between the members for the purpose ofestablishments etc. • If it ceases to have the furthering any such object of the TradeSec. 9A requisite number of members. Union. Sec. 10 Sec. 17 Disqualification of office bearers of Returns Trade Union Annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribedIf one has not attained the age of 18 years. manner, of all receipts and expenditure of every registeredConviction for an offence involving moral turpitude. st Trade Union during the year ending on the 31 December.Not applicable when 5 years have elapsed. Sec. 28Sec. 21-A Penalties Offence Punishment • For making false entry in or any • Fine upto Rs.500. On continuing omission in general statement default, additional fault, Rs.5 for required for sending returns. each week (not exceeding Rs.50). U/s 31 • For making false entry in the • Fine upto Rs.500. form. • Supplying false information • Fine upto Rs.200. U/s 32 regarding Trade Union
  14. 14. PAYMENT OF BONUS ACT, 1965 & THE RULESCHECKLIST Applicability of Act Establishment Every factory where in 10 or more persons are employed with the aid of power or Establishment includes Departments, undertakings An establishment in which 20 or more persons are employed and branches, etc. without the aid of power on any day during an accounting year Separate establishment Computation of available surplus Components of Bonus If profit and loss accounts are prepared and maintained in Income tax and direct taxes as payable. Salary or wages includes respect of any such Depreciation as per section 32 of Income dearness allowance but no department or undertaking or Tax Act. other allowances e.g. over- branch, then such department Development rebate, investment or time, house rent, incentive or undertaking or branch is development allowance. or commission. treated as a separate Sec.5 Sec.2(21) establishment. Sec.3 Disqualification & Deduction of Bonus Computation of gross profit On dismissal of an employee for For banking company, as per • Fraud; or First Schedule. • riotous or violent behaviour while on the premises of the establishment; or Others, as per • theft, misappropriation or sabotage of any property of the establishment Second Schedule or Sec.4 • Misconduct of causing financial loss to the Employer to the extent that bonus can be deducted for that year. Eligible Employees Secs. 9 & 18. Employees drawing wages upto Rs.3500 per month or Eligibility of Bonus Payment of Minimum Bonus less. 8.33% of the salary or Rs.100 For calculation purposes An employee will be entitled (on completion of 5 years after 1st Rs.2500 per month only when he has worked for Accounting year even if there is no maximum will be taken 30 working days in that year. profit) even if an employee is Sec. 8 Sec.10 drawing upto Rs.3500 per Sec. 8 month. Sec.12 Note: The proposal to Time Limit for Set-off and enhance the existing ceiling of Payment of Bonus Set-on Rs.3500 is under active Within 8 months from the close of As per Schedule IV. consideration by the Govt. accounting y ear. Sec. 19 Sec. 15 Maintenance of Registers and Records etc. • A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in form A. • A register showing the set-on and set-off of the allocable surplus, under section 15, in form B • A register showing the details of the amount of bonus due to each of the employees, the deductions under section 17 and 18 and the amount actually disbursed, in form C. Sec.26, Rule 4Act not applicable to certain employees of LIC, General Insurance, Dock Yards, Red Cross, Universities & EducationalInstitutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors, etc. etc. Sec.32. PENALTY For contravention of any provision of the Act or the Rule Upto 6 months or with fine upto Rs.1000. Sec.28
  15. 15. Sec. 1 PAYMENT OF Sec. 2(s) Applicability GRATUITY Wages for Calculation Every factory, ACT, 1972 & THE RULES mine, oil field, @ 15 days’ wages plantation, port, for everyrailways, company, completed year as shop, establishment or CHECKLIST if the month comprises of 26 educational days at the last institutions drawn wages. employing 10 or more employees Sec. 2(e) Employee Qualifying period Sec. All employees On rendering of 5 1 irrespective of years’ service, status or salary either termination, RuleCalculation Calculation resignation or 4Piece-rated Seasonal Entitlement retirement. employee employee On completion Display of Notice of five years’ @ 15 days @ 7 days’ service except On conspicuous wages for wages for every in case of death place at the main every completed year or disablement entrance in English completed of service. language or the year on an languageaverage of 3 understood by months’ majority of wages employees of the factory, etc. Sec. 4(3) RuleSec.6 Maximum 9Rule 6 Ceiling Mode of payment Rule Nomination Rs.3,50,000 9 To be obtained Cash or, if soby employer after desired, by Penalties expiry of one Bank Draft oryear’s service, in Cheque • Imprisonment for Form ‘F’ 6 months or fine upto Rs.10,000 for avoiding to make Sec. payment by 4(6) making false state-Sec.8 Sec. ment or representaRule 8 Forfeiture of Gratuity 13 -tion. Recovery of • On termination of an Protection of • Imprisonment not Gratuity employee for moral Gratuity less than 3 months turpitude or riotous or and upto one year To apply within disorderly behaviour. Can’t be attached with fine on30 days in Form I • Wholly or partially for in execution of default in comply- when not paid wilfully causing loss, any decree ing with the within 30 days destruction of property etc. provisions of Act or Rules.
  16. 16. PAYMENT OF WAGES ACT, 1936CHECKLISTApplicability of Act Object of the Act Wages to be paid in• Factory industrial Establishment To regulate the payment of wages of certain current coins or currency• Tramway service or motor classes of employed persons notes transport service engaged in •All wages shall be paid in carrying passengers or good or Time of payment of wages current coins or currency both by road for hire or reward. The wages of every person employed be notes or in both. • Air transport service Dock, paid. •After obtaining the Wharf or Jetty • Inland vessel, When less than 1000 persons are employed authorization, either by mechanically propelled shall be paid before the expiry of the 7th day cheque or by crediting the• Mine, quarry or oil-field of the following month. wages in employee’s bank Plantation When more than 1000 workers, before the Account Sec. 6• Workshop or other establishment expiry of the 10th day of the following etc. month. Sec. 5Coverage of EmployeesDrawing average wage uptoRs.6500 pm as amended w.e.f. Deduction made from wages Deduction for absence6.9.05. Deductions such as, fine, deduction for from duties for amenities and services supplied by the unauthorised absenceFines as prescribed by employer, advances paid, over payment of•Not to imposed unless the wages, loan, granted for house-building or Absence for whole or anyemployer is given an opportunity to other purposes, income tax payable, in part of the day –show cause pursuance of the order of the Court, PF If ten or more persons To record in the register contributions, cooperative societies, absent without reasonable Sec.8 premium for Life Insurance, contribution to cause, deduction of wages any fund constituted by employer or a trade upto 8 days. union, recovery of losses, ESI contributions etc.etc. Sec. 7 Sec. 9Deductions for servicerendered Deduction for damage or lossWhen accommodation amenity orservice has been accepted by the For default or negligence of an employeeemployee. resulting into loss. Show cause notice has to Sec.11 be given to the employee. Sec.10On contravention of S.5 (except sub-sec.4), S.7, S.8 Fine not less than Rs.1000 which may extend to Rs.5000.(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to 13. On subsequent conviction fine not less than Rs.5000, may extend to Rs.10,000. On contravention S.4, S.5(4), S6, S.8(8), S.10(2) or S.25 fine not less than Rs.1000. – may extend to Rs.5000. On subsequent On conviction fine not less.• For failing to maintain registers or records; or• Wilfully refusing or without lawful excuse neglecting to • Fine which shall not be less than Rs.1000 but may furnish information or return; or extend to Rs.5000 – On record conviction fine not less• Wilfully furnishing or causing to be furnished any than Rs.5000, may extend to Rs.10,000. information or return which he knows to be false or • For second or subsequent conviction, fine not less than• Refusing to answer or wilfully giving a false answer to Rs.5000 but may extend to Rs.10,000 any question necessary for obtaining any information required to be furnished under this Act.• Wilfully obstructing an Inspector in the discharge of his duties under this Act; or• Refusing or wilfully neglecting to afford an Inspector any Fine not less than Rs.1000 extendable reasonable facility for making any entry, inspection etc. Upto Rs.5000 – On subsequent conviction fine• Wilfully refusing to produce on the demand of an not less than Rs.5000 – may extent to Rs.10,000 inspector any register or other document kept in pursuance of this Act; or preventing any person for appearance etc.• On conviction for any offence and again guilty of • Imprisonment not less than one month extendable upto Contravention of same provision. six months and fine not less than Rs.2000 extendable• Failing or neglecting to pay wages to any employee upto Rs.15000. • Additional fine upto Rs.100 for each day.