Labour Laws 119

8/2/2019 Labour Laws 119

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A BRIEF CHECK LIST OFLABOUR LAWS


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EMPLOYEES PROVIDENTFUNDS & MISC. PROVISIONS

ACT, 1952


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Eligibility

Any person who is employed for

work of an establishment oremployed through contractor inor in connection with the work of

an establishment.


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Applicability

Every establishment which isfactory engaged in any industryspecified in Schedule 1 and in which20 or more persons are employed.

Any other establishment employing20 or more persons which Central


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Government may, by notification,specify in this behalf.

Any establishment employingeven less than 20 persons can becovered voluntarily u/s 1(4) of theAct.


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Payment of Contribution

The employer shall pay thecontribution payable to the EPF,

and Employees Pension Fundin respect of the member of theEmployees Pension Fund employed

by him directly by or through acontractor.


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Rates of Contribution

SCHEME EMPLOYEES

EMPLOYERS

CENTRALGOVTS

ProvidentFundScheme

12% Amount >8.33

Nil

Insurance

Scheme

NIL 0.5 NilPensionScheme NIL 8.33 1.16%


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Damages

Less than 2 months .@ 17% perannumTwo months and above but lessthan upto four months .@22% perannumFour months and above but less

than upto six months .@ 27% perannumSix months and above


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Penal Provision

Liable to be arrested without warrantbeing a cognisable offence.Defaults by employer in payingcontributions or inspection/administrativecharges attract imprisonment upto 3years and fines upto Rs.10,000 (S.14).For any retrospective application, all dueshave to be paid by employer withdamages upto 100% of arrears.


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FACTORIES ACT, 1948


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Applicability of the Act

Any premises whereon 10 ormore persons with the aid of

power or 20 or more workersare/were without aid of powerworking on any dayd preceding12 months, wherein Manufacturingprocess is being carried on.Sec.2(ii)


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Employer to ensure health of workers pertaining to

Cleanliness Disposal of wastes andeffluentsVentilation and temperature dust andfumesOvercrowding Artificial humidification

Lighting

rinking water Spittons.Secs. 11 to 20


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Registration & Renewalof Factories

To be granted by Chief Inspector of

Factories on submission of prescribed form, fee and plan.Secs. 6


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Safety Measures

Facing of machinery

Work on near machinery in motion.Employment prohibition of young

persons on dangerous machines.

Striking gear and devices for cuttingoff power


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Self-acting machines.Casing of new machinery.

Prohibition of employment of women and children near cotton-openers.Hoists and lifts.


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Welfare Measures

Washing facilitiesFacilities for storing and dryingclothingFacilities for sittingFirst-aid appliances one first aid box

not less than one for every 150 workers.

Canteens when there are 250 ormore workers.


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Shelters, rest rooms and lunchrooms when there are 150 or more

workers.Creches when there are 30 ormore women workers.

Welfare office when there are 500or more workers


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Working Hours, Spread Over &Overtime of Adults

Weekly hours not more than 48.Daily hours, not more than 9 hours.

Intervals for rest at least hour onworking for 5 hours.Spread over not more than 10hours.


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Extra wages for overtime doublethan normal rate of wages.

Restrictions on employment of women before 6AM and beyond 7PM.

Overlapping shifts prohibited.

Secs. 51, 54 to 56, 59 & 60


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Employment of Young Persons

Prohibition of employment of youngchildren e.g. 14 years.

Non-adult workers to carry tokens e.g.certificate of fitness.

Working hours for children not more than4 hrs. and not permitted to work

during night shift.

Secs. 51, 54 to 56, 59 & 60


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INDUSTRIAL DISPUTES ACT,

1947


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Object of the Act

Provisions for investigation andsettlement of industrial disputesand for certain other purposes.


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Industry has attained wider meaning thandefined except for domestic employment, coversfrom barber shops to big steel companies.Sec.2(I )

Works Committee Joint Committee with equalnumber of employers and employees representatives for discussion of certain commonproblems. Sec.3

Conciliation is an attempt by a third party inhelping to settle the disputes Sec.4

Adjudication Labour Court, Industrial Tribunalor National Tribunal to hear and decide thedispute.Secs.7,7A & 7B


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Lay off & Payment of Compensation Conditions for Laying off

Failure, refusal or inability of anemployer to provide work due toShortage of coal, power or rawmaterial.Accumulation of stocks.Breakdown of machinery.

Natural calamity.Sec.25-C


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Prior Permission for Lay off

When there are more than 100

workmen during proceeding 12months.

Sec. 25-M


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Lay off Compensation

Payment of wages except forintervening weekly holidaycompensation 50% of total orbasic wages and DA for a periodof lay off upto maximum 45 daysin a year.

Sec.25-C


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Prior Permission by theGovernment for Retrenchment

When there are more than 100workmen during preceding 12months.Three months notice or wagesthereto.Form QACompensation @ 15 days wages.Sec. 25-N


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Retrenchment of WorkmenCompensation & Conditions

Workman must have worked for 240 days.

Retrenchment compensation @ 15 days wages for

every completed year to be calculated at last drawnwages

One months notice or wages in lieu thereof.

Reasons for retrenchment

Complying with principle of last come first go.

Sending Form P to Labour Authorities.


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Right of a Workman during Pendencyof Proceedings in High Court

Employer to pay last drawn wages

to reinstated workman whenproceedings challenging the awardof his reinstatement are pending inthe higher Courts.

Sec.17B


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Power of Labour Court to giveAppropriate Relief

Labour Court/Industrial Tribunal canModify the punishment of dismissalor discharge of workmen and giveappropriate relief includingreinstatement.

Sec.11A


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Prohibition of unfair labour practice either by employer or

workman or a trade union asstipulated in fifth schedule

Both the employer and the Unioncan be punished. Sec.25-T


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Closure of an Undertaking

60 days notice to the labour authorities forintended closure in Form QA. Sec.25FFA

Prior permission atleast 90 days before inForm O by the Government when there are

100 or more workmen during preceding 12months.

Sec.25-O


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Prohibition of Strikes & Lock Outs

Without giving to the employer notice of strike, as hereinafter provided, within sixweeks before striking.

Within fourteen days of giving such notice.

Before the expiry of the date of strikespecified in any such notice as aforesaid.

During the pendency of proceedings beforea Labour Court, Tribunal or National Tribunaland two months, after the conclusion of such proceedings.


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During the pendency of conciliationproceedings before:

i) a Board and seven days after theconclusion of such proceedings ;

ii) before a conciliation officer and sevendays after the conclusion of suchproceedings


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During the pendency of arbitrationproceedings before an arbitrator and twomonths after the conclusion of suchproceedings, where a notification hasbeen issued under Sub-Section(3A) of section 10A.

During any period in which a settlementor award is in operation, in respect of anyof the matters covered by the settlementor award. Secs.22&23



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Persons Bound by Settlement

When in the course of conciliationproceedings etc., all personsworking or joining subsequently.

Otherwise than in course of settlement upon the parties to thesettlement. Sec.18


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Period of Operation of Settlements and Awards

A settlement for a period as agreedby the parties, or

Period of six months on signing of settlement.

An award for one year after itsenforcement. Sec.19


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Offence Punishments

i) Committing unfair labourpractices

ii) Illegal strike and lock-outs

iii) Instigation etc. for illegalstrike or lock-outs.

iv) Giving financial aid to illegalstrikes and lock-outs.

vi) Breach of settlement oraward

vi) Disclosing confidentialinformation pertaining to

Sec.21

Imprisonment of up to 6months or with fine up toRs.3,000.Imprisonment up to onemonth or with fine up to

Rs.50(Rs.1000 for lock-out) or with both.Imprisonment up to 6months or with fine up toRs.1,000Imprisonment for 6

months or with fine up toRs.1,000Imprisonment up to 6months or with fine.Oncontinuity of offence fineup to Rs.200 per day

Imprisonment upto 6months or with fine upto


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Offence Punishment

vii) Closure without 60days notice under Sec.25FFA

viii) Contravention of Sec.33 pertaining tochange of conditions of Service during pendencyof dispute etc.

ix) When no penalty isprovided for contravention

Imprisonment upto6 months or withfine upto Rs.5,000

Imprisonment upto6 months or fineupto Rs.1,000.

Fine upto Rs.100


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STANDING ORDERS ACT, 1946 &THE RULES


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Applicability of the Act

Every industrial establishment

wherein 100 or more


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Matters to be provided inStanding orders

Classification of workmen, e.g., whetherpermanent, temporary, apprentices,probationers, or badlis.

Manner of intimating to workmen periodsand hours of work, holidays, pay-daysand wage rates.

Shift working.

Attendance and late coming.


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Conditions of, procedure in applying for,and the authority which may grant, leaveand holidays.

Requirement to enter premises by certaingates, and liability to search.

Closing and re-opening of sections of theindustrial establishments, and temporarystoppages of work and the right andliabilities of the employer and workmenarising there from.


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Termination of employment, andthe notice thereof to be given byemployer and workmen.

Suspension or dismissal formisconduct, and acts or omissionswhich constitute misconduct.


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Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or

his agents or servants .Additional Matters

Service Record Matters relating to

service card, token tickets, certification of service, change of residential address of workers and record of age ConfirmationAge of retirement Transfer Medical aid incase of Accident ,Medical Examination,Secrecy, Exclusive service.

Secs.2(g), 3(2) and Rule 2A


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Payment of Subsistence Allowance to theSuspended Workers

At the rate of fifty per cent, of the wageswhich the workman was entitled toimmediately proceeding the date of suchsuspension, for the first ninety days of suspension.

At the rate of seventy-five percent of such

wages for the remaining period of suspensionif the delay in the completion of disciplinaryproceedings against such workman isnotdirectly attributable to the conduct suchworkman. Sec.1 0 -A


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MINIMUM WAGES ACT, 1948

Object of the Act

To provide for fixing minimum ratesof wages in certain employments


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Minimum Rates of Wages

Such as Basic rates of wages etc.

Variable DA and Value of otherconcessions etc. Sec. 4


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Fixation of Minimum Rates of Wages

The appropriate government to fix minimumrates of wages.

To make review at such intervals not

exceeding five years the minimum rates orso fixed and revised the minimum rates.

Government can also fix Minimum

Wages forTime work Piece work at piece rate Piecework for the purpose of securing to suchemployees on a time work basis Overtimework done by employees for piece work or

time rate workers.


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Overtime

To be fixed by the hour, by the day or bysuch a longer wage period works on anyday in excess of the number of hours

constituting normal working day.

Payment for every hour or for part of anhour so worked in excess at the overtime

rate double of the ordinary rate of (1times or for agriculture labour) Sec. 5


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Fixing Hours for Normal Working

Shall constitute a normal workingday inclusive of one or morespecified intervals.

To provide for a day of rest in everyperiod of seven days withremuneration.

To provide for payment for work ona day of rest at a rate not less than

the overtime rate... Sec. 13


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Maintenance of registers andrecords

Register of Fines Form I Rule 21(4)

Annual Returns Form III Rule 21 (4-A)

Register for Overtime Form IV Rule 25

Register of Wages Form X, Wages slip Form XI, Muster Roll Form V Rule 26

Representation of register for threeyear Rule 26-A Sec. 18


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Offence Punishment

For paying less thanminimum rates of wages

For contravention of any provisionspertaining to fixinghours for normalworking day etc.Sec. 20

Imprisonment upto 6months or with fineupto Rs.500/-

Imprisonment upto 6months or with fineupto Rs.500/-


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Thank You

Documents

Labour Laws 119