LABOUR NEWS - Andhra Chamber of Commerce September-October 2011.pdf · The Factories Act, 1948 -- Exemption from the provisions of Sub-section (1) of Section 58 The ... LABOUR NEWS

LABOUR NEWS

VOL.XLIII SEPTEMBER-OCTOBER 2011 No. 5

ANDHRA CHAMBER OF COMMERCE

(For Private Circulation)

C O N T E N T S The Factories Act, 1948 -- Exemption from the provisions of Sub-section (1) of Section 58

The Employees’ State Insurance Act, 1948 -- Applicability to Educational Institutions

The Minimum Wages Act, 1948 -- Applicability to certain Departments under the control of State Government

The Andhra Pradesh Factories Rules, 1950 – Amendments -- Preliminary Notification:

Employees’ State Insurance (Central) Amendment Rules, 2011

ESI -- Enhancement of funeral expenses from Rs.5ooo/- to Rs.10,000/-:

The Employees’ State Insurance (General) (Amendment) Regulations, 2011

Extension of the ESI Scheme to the Construction Site Workers:

Revision of Minimum rates of wages for employment in Chemical Fertilizer Industry in (T.N.) -- Final Notification

Revision of Minimum rates of wages for employment in Electronic Industry in (T.N.) -- Final Notification

Revision of Minimum rates of wages for employment in Polythene Manufactory and Processing Foam items and Plastic Manufactory in (T.N.) -- Final Notification

Revision of Minimum rates of wages for employment in ―Any Manufacturing process carried out in any factory as defined to Section 2(m) or Section 85 of the Factories Act other than those notified under Part-I or Part-II of the Schedule‖ in A.P. -- Preliminary Notification:

Consumer Price Index Numbers for Industrial Worker --(Base 2001=100)

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LABOUR NEWS PUBLISHED BY

ANDHRA CHAMBER OF COMMERCE

CHENNAI OFFICE:

―Velagapudi Ramakrishna Building‖, 23, Third Cross Street, West C.I.T. Nagar, P.B. No.3368, Nanadanam Chennai-600 035 GRAMS: ―TELCHAMBER‖ PHONE: OFFICE: 24315277 Secy. (Per) 24315278 (Fax): 24315279 E.mail: [email protected] Web: www.andhrachamber.com

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GRAMS: “TELCHAMBER” PHONE:27840844

Jt. Secy. Per:040-27840767 Fax: 040-27840767

E.mail: [email protected]

VISAKHAPATNAM OFFICE: Door No. 43-19-30,

Venkataraju Nagar, Dondaparthy,

Near TSN Colony, Visakhapatnam-530 016 (A.P.)

GRAMS: “TELCHAMBER” PHONE:0891-2792220 Fax :0891-2792221

Email:[email protected]

(for Private Circulation only) (All correspondence relating to the publication may be addressed to CHENNAI office)

VOL.XLIII SEPTEMBER-OCTOBER, 2011 No.5

THE FACTOIRES ACT, 1948 -- EXEMPTION FROM THE PROVISIONS OF SUB-SECTION (1) OF SECTION 58 :

Vide Notification No. II(2)LE/8/2011 dated December 6, 2010 published by the Tamil Nadu Government Gazette, Part-II, Section 2 issue No.1 dated January 5, 2011.

Whereas, sub-section (1) of Section 58 of The Factories Act, 1948 (Central Act LXIII of 1948) prohibits the overlapping shifts in the factories.

2. And, whereas, the Government is of opinion that adult workers engaged in continuous process Industries or in factories which are working in a system of shifts shall be exempted from the provisions of sub-section (1) of Section 58 of the said Act and a standing exemption of 30 (thirty) minutes shall be allowed for overlapping of shifts to facilitate proper handling over of charge by shift workers and explain about the status of the plant and production details to their relievers;

3, Now, therefore, in exercise of powers conferred by sub-section (2) of Section 58 of the said Act, the Governor of Tamil Nadu hereby exempt the factories described below, from the provisions of sub-section (1) of Section 58 of the said Act, subject to the condition that the duration of overlapping shifts shall not exceed 30 (thirty) minutes:

(1) Factories engaged in the manufacture of;- (i) automobile parts and accessories; (ii) parts and accessories belonging to the Ministry of Railways, Government of India; (iii) parts and accessories belonging to the Ministry of Defence, Government of India; (iv) glass or ceramics and related components; (v) handling and manipulation of petroleum products; (vi) cements products; (vii) tyre and its products or repair of type and its products; (viii) printing of newspapers and magazines.

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(2) Sugar Factories, Chemical Works, Petrochemicals Factories, Fertilizer Fac-tories. Tea Factories, Textile Mills, Engineering Factories. Power Generating Factories, Foundries (Ferrous and Non-Ferrous), Drugs and Pharmaceutical Factories, Distilleries and Breweries.

(3) Factories involved in repair and maintenance of all commercial vehicles and transport workshops.

THE EMPLOYEES’ STATE INSURANCE ACT, 1948 -- APPLICABILITY TO

EDUCATIONAL INSTITUTIONS

: Vide Notification No.II(2)/LE/767/011 dated November 26, 2010 published in the Tamil Nadu Government Gazette, Part-II, Section 2, Issued No.1 dated February 5, 2011.

In exercise of the powers conferred by sub-section (5) of Section 1 of The Employees State Insurance Act, 1948 (Central Act XXXIV of 1948), the Governor of Tamil Nadu, in consultation with the Employees’ State Insurance Corporation and with the approval of the Central Government, after complying with the statutory requirement of giving six months notice of the intention of the Tamil Nadu Government vide Labour and Employment Department Notification No. II(2)/LE/265/2008, published at page 206 of Part-II, Section 2 of the Tamil Nadu Government Gazette dated the 4th June 2008, hereby extends the provisions of the said Act, to the educational institutions (excluding Government and Government sided institutions) run by individuals, trustees, societies or other organizations, wherein twenty or more persons are employed or were employed on any day of the preceding twelve months, with effect from the date of publication of this Notification.

THE MINIMUM WAGES ACT, 1948 -- APPLICABILITY TO CERTAIN DEPARTMENTS UNDER THE CONTROL OF STATE GOVERNMENT:

Vide Notification No. II(2)/LE/41/2011 dated December 23, 2010 published in the Tamil Nadu Government Gazette, Part-II, Section-2, Issue No. 3 dated January 26, 2011.

In exercise of the powers conferred by sub-section (1) of Section 22-F of the Minimum Wages Act, 1948 (Central Act XI of 1948), the Governor of Tamil Nadu hereby directs that all the provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936) shall apply to wages payable to employees in the scheduled employments specified in the Schedule to the said Minimum Wages Act 1948 (Central Act XI of 1948) for which the State Government is the appropriate Government.

THE ANDHRA PRADESH FACTORIES RULES, 1950 – AMENDMENT --PRELIMINARY NOTIFICATION:

Vide G.O. Ms. No. B2/13391/2009 dated May 5, 2011 issued by the Labour Employment Training and Factories (Lab.II) Department, Government of Andhra Pradesh.

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The following draft of an amendment to the Andhra Pradesh Factories Rules, 1950 which it is proposed to be made in exercise of the powers conferred under section 112 of the Factories Act, 1948 (Act No.63 of 1948) is hereby published for general infor-mation as required under sub section (1) of section 115 of the said Act.

Notice is hereby given that the said draft will be taken into consideration by the

Government on or after forty five (45) days from the date of its publication in the Andhra Pradesh Gazette and that any objections or suggestions which may be received from any person with respect thereto within the aforesaid period will be considered by the Government of Andhra Pradesh.

The objections or suggestions if any should be addressed to the Secretary to Government, Labour, Employment, Training and Factories (Lab.II) Department, Government of Andhra Pradesh through Director of Factories, Andhra Pradesh, Hydera-bad.

AMENDMENT In the said Rules, for Rule 61 A, the following shall be substituted namely:-

61-A Safety Officer

(1) QUALIFICATIONS:

(a) A person shall not be eligible for appointment as Safety Officer unless he -

Possesses a recognized degree in any branch of engineering or technology and has had practical experience of working in a factory in supervisory capacity for a period of not less than two years (or)

A recognized diploma in any branch of engineering or technology and has had practical experience of Working in a factory in a supervisory capacity for a period of not less than five years (or) a recognized Degree in physics or chemistry and has had practical experience of working in a factory in supervisory capacity for a period of not less than three years. The practical experience for the purpose of this sub rule shall necessarily be in manufacturing or maintenance or Safety Department of a factory

(ii) Possesses a full time degree or diploma or certificate in industrial safety or equiva-lent of duration not less than one Year awarded by any university incorporated un-der the Central or State legislations or Department of Technical Education or Board of Technical education of any State Government of India duly following the guide-lines as specified in the Annexure at the end of this Rule.

(iii) has adequate knowledge of Telugu and the language spoken by majority of the workers in the region in which the factory where he is to be appointed is situated.

(b) Notwithstanding the provisions contained in clause (a), any person who pos-sesses a recognized degree or diploma in engineering or technology and has had ex-perience of not less than 5 years in a Department of the Central or State Government which deals with the administration of the Factories Act, 1948 or the Indian Dock La-bouers Act, 1934; or

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Possesses a recognized degree or diploma in engineering or technology and has had experience of not less than 5 years, full time, on training, education, or research in the field of industrial safety and occupational Health in any institution of Central or State government, shall also be eligible for appointment as a Safety Officer.

Provided that the Chief Inspector may subject to such conditions as he may specify, grant exemption from the requirements of this sub-rule, if in his opinion, a suitable person possessing the necessary qualifications and experience is not available for appointment:

Provided further that every person who has been working as a Safety Officer after being appointed as per the prescribed procedure and after his appointment was notified to and taken on record by the Chief Inspector as on date of commencement of this rule, shall continue to be a safety officer under this rule irrespective of whether he satisfies the above criteria prescribed in sub rule (a) or (b) above.

(2) Number of Safety Officers to be appointed: The required number of safety officers to be appointed in the factories shall be as specified in the table below.

(3) Recruitment: (i) Selection for appointment to the post(s) of Safety Officer(s) shall be made from among the candidates applying for the post(s) by a committee appointed by the Occupier of the factory; (ii) The appointment when made shall be notified by the Occupier to the Chief Inspector of Factories giving the details of the qualifications, age, pay, previous experience and other relevant particulars of the officer appointed and the terms and conditions of his service. The Chief Inspector may call for further additional information if not satisfied with the information furnished by the occupier. The Chief Inspector ratify the appointment of the Safety Officer in the factory in writing within 30 days from the date of receipt of the information or the additional information, as the case may be, furnished by the occupier.

Provided that any person who has already been ratified once for the post of Safety Officer or Chief safety Officer in any factory situated in the state of Andhra Pradesh is eligible for appointment as Safety Officer / Chief Safety Officer in any other factory carrying out the similar manufacturing activity and in such cases, the occupier shall send an intimation in writing duly referring the same to the Chief Inspector of Factories for the purpose of this sub rule.

S.No. Number of Workers Number of Safety Officers to be appointed

1 Upto 2000 workers one

2 From 2001 to 3000 Two

3 From 3001 to 4000 Three

4 From 4001 to 5000 Four

5 From 5001 to 10,000 Five

6 From 10,000 to 20,000 Six

7 For every additional 5,000 workers or

fraction there of

One additional

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(4) Conditions of Service: (a) Wherever more than one safety officer is to be

appointed in a factory as required by this rule, one of them shall be designated as the Chief Safety Officer by a committee appointed by the occupier and shall have a status (A) Basic Educational qualification and Minimum Experience required for admission to the Course leading to a degree or diploma or certificate course in Industrial Safety higher than that of the others. The Chief Safety Officer shall be in overall charge of the safety functions as envisaged in sub-rule (5) and other safety officers working under his control.; (b) The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed shall be given the status of a senior executive and he shall work directly under the control of the Chief Executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.; (c) The scale of pay and the allowance to be granted to the Safety Officer and the Chief Safety Officer, and the conditions of their service shall be the same as those of the officers of the corresponding status in the factory. In no case they shall be less than the total emoluments being paid by a State Government to an Inspector of Factories at the minimum of his scale of pay, in case of a safety officer and to that of a Deputy Chief Inspector of Factories in case of a Chief Safety Officer ; (d) The conditions of service of Safety officer shall be the same as those of the other members of the executive staff of corresponding status in the factory. ; (e) The services of a Safety Officer shall not be dispensed with, or he shall not be reverted, without the written concurrence of the Director of Factories, Hyderabad who shall record reasons therefor. ; (f) No punishment such as withholding of increments, including stoppage at any efficiency bar, reduction to a lower state in the time scale, suspension dismissal or termination of service, except censure shall be imposed by the manage-ment on a Safety officer, except with the previous concurrence of the Director of Facto-ries. ; (g) A Safety Officer, who has been dismissed from service or whose services have been terminated in any other manner than as provided in clause (iv) above may within 30 days from the date of receipt of the order by him, appeal to the State Govern-ment against the order of punishment made by the management with the concurrence of the Director of Factories and the decision of the State Government thereon shall be final.

Provided that when the management terminates the service or probation of a safety officer the reasons for such a termination of service or probation shall be reported to the State Government or such authority, as may be, empowered by them in this be-half.

(5) Duties: The duties of the Safety Officer shall be to advise and assist the factory management in the fulfillment of its obligation, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe working environment. These duties shall include the following namely; (i) to advise the concerned department in a factory in planning and organizing measures necessary for the effective control of personal injuries.; (ii) to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries; (iii) to advise on safety aspects in all

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job studies, and to carry out detailed job safety studies of selected jobs; (iv) to advise the purchasing and stores department in ensuring high quality and availability of personal protective equipment; (v) to provide advice on matters related to carrying out plant safety inspections; (vi) to carry out plant safety inspections in order to observe the physical conditions of work and the work practices and procedures followed by the workers and to render advice on measures to be adopted for removing unsafe physical conditions and preventing unsafe actions by workers; (vii) to render advice on matters related to reporting and investigation of industrial accidents and diseases; (viii) to investigate all reportable accidents; (ix) to investigate the case of industrial diseases contracted and dangerous occurrences under Rule 96; (x) to advise on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and industrial diseases; (xi) to promote setting up of safety committees and act as adviser and catalyst to such committees;(xii) to be instrumental in designing and implementing the various creative initiatives in association with the concerned departments like campaigns, competitions, contests and other activities which will develop and maintain the interest of the workers and enhance the workers participation in occupational safety and health management.; (xiii) to design and conduct either independently or in collaboration with the training department, suitable training and educational programmes towards occupational safety and health management.; (xiv) to coordinate with qualitative and quantitative risk assessment studies with either internal or external resources and follow up the compliance of all the recommendations/ suggestions; (xv) to coordinate all third party inspections/survey/investigations/testing and examinations either statutory or otherwise aimed towards management of occupational safety and health; (xvi) to advise the management of the factory in fulfilling obligations under all occupations Safety and health related legislations applicable.

(6) Facilities: An occupier of the factory shall provide each Safety Officer with such facilities, equipment, staff, information etc., as are necessary to enable him to discharge his duties effectively but not less than those recommended if any by the Chief Inspector, from time to time.

(7) Prohibition of Performance of other duties: No Safety officer shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties prescribed in sub-rule (5)

(8) Safety Officer’s Report: Every Chief Safety officer or Safety officer where there is no Chief safety officer, working in a factory as required under this rule, shall submit through the occupier of his factory, a report in writing with all relevant details to the Chief inspector of Factories, in the month of January every year, on the activities/initiatives taken up during the preceding calendar year and the progress achieved.

ANNEXURE (See item (ii) of sub-rule (1) (a) of Rule 61-A)

GUIDELINES FOR DIPLOMA AND DEGREE COURSES ON INDUSTRIAL SAFETY FOR APPOINTMENT OF SAFETY OFFICERS. 1. Contents of Course and Teaching Hours: The course leading to the grant of diploma or degree in Industrial safety should fulfill the following minimum requirements: (a) The hours allocated for teaching of subjects on Industrial Safety (including industrial health) should not be less than that allocated by Central Labour Institute, Mumbai for

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the course of Advanced Diploma in Industrial Safety. This includes time allocated for lectures, discussion, seminars, case studies, and laboratory work but does not include the time allocated for visit to the factories and term work / project works;(b) The subjects of study shall be in confirmation to the syllabus followed by Central Labour Institute, Mumbai for the course of Advanced Diploma in Industry Safety; (c) The Chief Inspector may add or substitute any of the subjects and topics in the said syllabus depending upon the need based requirement of industry and technologies. 2. Standard for Admission to the Course: EMPLOYEES' STATE INSURANCE (CENTRAL) AMENDMENT RULES, 2011:

Vide Notification No.454(E) dated June 15, 2011 and Circular No. X-11/14/1/2002-P&D dated June 28, 2011 issued by the Employees State Insurance Corporation and published in the Gazette of India Extraordinary Part-II Section 3(i).

Whereas certain draft rules further to amend the Employees' State Insurance (Central) Rules, 1950, were published as required by sub-section (1) of section 95 of the Employees' State Insurance Act, 1948 (34 of 1948), vide notification of the Government of India in the Ministry of Labour and Employment, number G.S.R. 230 (E). dated the 23'd March, 2011, in the Gazette of India, Extraordinary, Part 11,Section 3, Sub-section (i) dated the 23

rd March, 2011, inviting objections and suggestions from all persons

likely to be affected thereby before the expiry of the period of thirty days from the date on which the cop.es of the Gazette of India in which the said notification was published, were made available to the public;

And whereas, the copies of the said Gazette were made available to the public on 23

rd March, 2011;

And whereas no objection or suggestion has been received from any persons in this regard;

Now, therefore, in exercise of the powers conferred by section 95 of the Em-ployees' State Insurance Act 1948, the Central Government after consultation with the Employees' State Insurance Corporation, hereby makes the following rules further to amend the employees' State Insurance (Central) Rules, 1950, namely: -

Basic Educational Qualifications Minimum Experience required

Recognized degree in any branch No experience is required for the purpose of

Recognized Diploma in any

branch of technology / engineering

At least 2 years of practical experience in su-

pervisory capacity in manufacturing, mainte-

nance or safety department in a factory

Recognized degree in physics /

chemistry.

At least 1 year of practical experience in super-

visory capacity in manufacturing, maintenance,

R&D or safety department in a factory

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1 (1) These rules may be called the Employees' State Insurance (Central) Amendment Rules, 2011. ; (2) They shall come into force with effect from the 1st day of July, 2011.

2 In the Employees' State Insurance (Central) Rules, 1950, (1 ) in rule 2,- (i) for clause (1A), the following clause shall be substituted, namely: -

'(1A) "average daily wages during a contribution period" in respect of an employee, means the aggregate amount of wages payable to him during that period divided by the number of days for which such wages were payable; (ii) for clause (7A), the following clause shall be substituted, namely: -

'(7A) "standard benefit rate" means average daily wages obtained by dividing the total wages paid during the contribution period by the number of days for which these wages were paid;

(2) in rule 52, for the words "rupees seventy", the words "rupees one hundred" shall be substituted;

(3) rule 54 shall be omitted;

(4) in rule 55, for sub-rule (2), the following sub-rule shall be substituted namely: -

"(2) The daily rate of sickness benefit in respect of a person during any benefit period shall be seventy per cent. of the standard benefit rate of that person during the corresponding contribution period rounded to the next higher rupee.";

(5) in rule 56, for sub-rule (5), the following sub-rule shall be substitute namely: -

"(5) The daily rate of maternity benefit payable in respect of confinement occurring or expected to occur during any benefit period shall be equal to the standard benefit rate in respect of the insured woman during the corresponding contribution period; rounded to the next higher rupee, or rupees twenty-five, whichever is higher.";


"(3) The daily rate of disablement benefit shall be ninety per cent of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs, rounded to the next higher rupee:

Provided that where an employment injury occurs before commencement of the first benefit period in respect of a person, the daily rate of disablement benefit shall be -

(i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of his average daily wages in that wage period, rounded to the next higher rupee;

(ii) where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of his wages actually earned or which would have been earned, had he worked for a full day on the date of accident, rounded to the next higher rupee.

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Explanation. - The disablement benefit calculated as aforesaid shall be called the "full rate."


"(2) The daily rate of dependant's benefit shall be ninety per cent. of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs:

Provided that where an employment injury occurs before the commencement of the first benefit period in respect of a person, the daily rate of dependants' benefit shall be -

(i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of his average daily wages during that wage period rounded to the next higher rupee;

(ii) where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent. of wages actually earned or which would have been earned had he worked for a full day on the date of accident, rounded to the next higher rupee." ENHANCEMENT OF FUNERAL EXPENSES FROM RS.5OOO/- TO RS.10,000/-:

Vide Circular No. R.15/14/200—Bft.II dated May 19, 2011 issued by the Employees’ State Insurance Corporation.

Kindly refer to SI. No. 3 of the Notification of Government of India, Ministry of Labour and Employment published in the Gazette of India, Extraordinary Part-II Section 3-Sub Section (I) vide G.S.R. 229(E) bearing No. 5-38012/1/2009-551 dated 23.3.2011 regarding amendment in Rule 59 of ESI (Central) Rules,1950. The Copy of said Notification has already been sent to you by Hqrs. vide endorsement of letter No. X- 11/14/1/2002-P&D dated 5.4.2011.

As per the said amendment Funeral Expenses has been enhanced from Rs. 5000/- to Rs. 10,000/- w.e.f. 1.4.2011. You are requested to bring this to the notice of all concerned under your control for strict compliance. THE EMPLOYEES’ STATE INSURANCE (GENERAL) (AMENDMENT) REGULATIONS, 2011:

Vide Circular No. N-12/13/2-2010-P&D dated March 30, 2011 issued by the Employees State Insurance Corporation.

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Whereas certain draft regulations further to amend the Employees' State Insurance (General) Regulations, 1950, were published as required under sub-section (1) of section 97 of the Employees' State Insurance Act, 1948 (34 of 1948), in the

Gazette of India, Part Ill, Section 4, dated the 26th February, 2011 for inviting objections

and suggestions from all persons likely to be affected thereby till the expiry of the period of thirty days from the date on which the copies of the Gazette of India in which the said notification was published, were made available to the public;

And whereas, the copies of. the said Gazette were made available to the public on the 26th February, 2011;

And whereas no objection or suggestion has been received from any person in this regard;

Now, therefore, in exercise of the powers conferred by section 97 of the Employees' State Insurance Act, 1948, the Employees' State Insurance Corporation, hereby makes th6 following regulations further to amend the Employees' State Insurance (General) Regulations, 1950, namely: -

(1) These Regulations may be called the Employees' State Insurance (General) (Amendment) Regulations, 2011.; (2) They shall come into force from 1st May, 2011.; (3) In the Employees' State Insurance (General) Regulations, 1950;

1. The existing regulation 10(C)shall be substituted with the following.-

"10(C).- Intimation regarding Change in particulars submitted at the time of registration of factory/establishment:.:- The employer in respect of a factory/establishment to which this Act applies and to whom a code number has already been allotted, shall intimate to the appropriate Regional Office, Sub-Regional Office, Divisional Office or Branch Office, any change in the particulars furnished in Form 01 at the time of registration of the factory/establishment within two weeks of such change."

2. The existing form-01 shall be substituted with the following form.- "FORM-01 P.S.: FORM-01 which runs to 4 pages has not been reproduced in this issue. The full text of the above circular is available in the office of the Chamber for perusal of Members . Interested Members may obtain a copy of the same from the office of the Chamber on request. EXTENSION OF THE ESI SCHEME TO THE CONSTRUCTION SITE WORKERS:

Vide Circular No. P-12/11/11/60/2010-Rev-II dated January 3, 2011 issued by the Employees’ State Insurance Corporation, New Delhi.

The matter of extending the benefits under ESI Act, 1948 to construction site workers have been examined at stretch and it is decided to revisit the Instruction No. 4/99 circulated vide letter no. P-12(l1)-11127/99-Ins.IV dated 14thJune 1999.

The Construction site workers who were kept out of coverage of ESI Act till date can now be covered with the implementation of IT Roll Out. "Any time, Anywhere". ESIC services will be available to these mobile and migratory workers with no geo-graphical barrier.

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Also with user friendly instruction issued recently, the scope of medical care (primary, secondary and superspeciality treatment) is wide now and can be availed by these construction site workers. In other words, ESI Scheme is not restricted to our own dispensaries but the medical services can be availed at empanelled private dispensary/diagnostic Centre where ESIC is unable to provide services.

Further, if any Construction workers at site cannot avail ESI Scheme, they can be granted exemption in suitable cases.

In view of the above, all RDs/Directors/Jt. Director Incharges are requested to conduct survey in the first phase of Public Limited Companies engaged in constructions activities in the implemented areas and submit a report latest by 31/1/2011. REVISION OF MINIMUM RATES OF WAGES FOR EMPLOYMENT IN CHEMICAL FERTILIZER INDUSTRY IN (T.N.) -- FINAL NOTIFICATION:

Vide Notification G.O. Ms. No. 39 dated September 15, 2011 issued by the Labour and Employment (J1) Department, Government of Tamil Nadu.

In exercise of the powers conferred by clause (b) of sub-section (1) of section 3 and sub-section (2) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948) and in supersession of the Labour and Employment Department Notification No.II(2)/LE/ 797/2005, published at page 432 of Part II- Section 2 of the Tamil Nadu Government Gazette, dated the 19th October 2005, the Governor of Tamil Nadu, after consultation with the Advisory Board, hereby revises the minimum rates of wages payable to the classes of employees in the employment in Chemical Fertilizer Industry in the State of Tamil Nadu, specified in column (1) of the Schedule below, as specified in the corresponding entries in column (2) thereof, the draft of the same having been previously published as required by clause (b) of sub-section (1) of section 5 of the said Act.;

2. This Notification shall come into force with effect on and from the date of its publication in the Tamil Nadu Government Gazette.

THE SCHEDULE. EMPLOYMENT IN CHEMICAL FERTILIZER INDUSTRY

Classes of employees. (1)

Minimum rates of basic wages (per month)

Rs.P

(2)

1) Administrative staff:

(1) Manager 3936.00

(2)Clerk/Typist/Accountant 3011.00

(3)Driver/Store keeper 2878.00

(4)Office Boy 2614.00

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Explanations.- (1) Dearness allowance.- In addition to the minimum rates of basic wages as fixed above, the employees shall be paid dearness allowance as indicated below:-

(i) The dearness allowance is linked to the Average Chennai City Consumer Price Index for the year, 2000 that is, 475 points and for every rise of one point over and above 475 points, an increase of Rs.6.00 (Rupees six only) per month shall be paid as dearness allowance.

(ii) The dearness allowance shall thus be calculated every year on the 1st April

on the basis of the average of the Consumer Price Index for the preceding twelve months, that is, from January to December.

(iii) The first calculation shall thus be effective from the date of publication of the Notification in the Tamil Nadu Government Gazette based on the Average Chennai City Consumer Price Index for the previous year.

(2) To arrive at the daily wages, the monthly wages shall be divided by 26.

(3) Where the nature of work is the same, no distinction in the payment of wages shall be made between men and women employees.

(4) Wherever the existing wages are higher than the minimum wages fixed herein, the same shall be continued to be paid.

REVISION OF MINIMUM RATES OF WAGES FOR EMPLOYMENT IN ELECTRONIC INDUSTRY IN (T.N.) -- FINAL NOTIFICATION:

Vide Notification No. G.O.(2D) No.37 dated April 30, 2011 issued by the Labour and Employment(J1) Department, Government of Tamil Nadu.

In exercise of the powers conferred by clause (b) of sub-section (1) of section 3 and sub-section (2) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948) and in supersession of the Labour and Employment Department Notification No. II(2) /LE /759/ 2005, published at pages 429 to 431 of Part II-Section 2 of the Tamil Nadu Government Gazette, dated the 19th October 2005, the Governor of Tamil Nadu after consultation with the Advisory Board, hereby revises the minimum rates of wages payable to the classes of employees in the employment in Electronic Industry in the State of Tamil Nadu, specified in column (1) of the Schedule below as specified in the corresponding entries in column (2) thereof, the draft of the same having been previously published as required under clause (b) of sub-section (1) of section 5 of the said Act.

Classes of employees. (1)


Rs.P

(2)

2).Workers category:

(1) Highly skilled Technical Supervisor/ Chemist 3605.00

(2)Skilled Operator/Technician/Electrician /Fitter 3143.00

(3) Unskilled common workmen/ Helper/Filler/Security Guard/ Watchman

2877.00

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2. This Notification shall come into force with effect on and from the date of its

publication in the Tamil Nadu Government Gazette.

THE SCHEDULE.

EMPLOYMENT IN ELECTRONICS INDUSTRY

. Classes of employees.

(1)

Minimum rates of basic wages per month.

(2)

Zone-A Zone-B

(i) Rs. P..

(ii) Rs. P

I. General categories.-

(1) Sales Assistant (2) Purchase Assistant

3329.00 3329.00

3176.00 3176.00

(3) Assistant (Production Planning Control) (4) Accountant (5) Steno

3854.00

3854.00 3854.00

3649.00

3649.00 3649.00

(6) Typist (7) Clerk/Office Assistant (8) Cashier/Store Assistant

3329.00

3329.00 3329.00

3176.00

3176.00 3176.00

(9) Store-keeper 3854.00 3649.00

(10)Time-keeper (11) Driver

3329.00 3329.00

3176.00 3329.00

(12) Watchman/Chowkidar /Security Guard

2980.00 2895.00

(13) Peon/Attender/Office Boy 2804.00 2721.00

(14) Mali/Waterman/Gardener Sweeper/Scavenger

2804.00 2721.00

II. Other categories .- (A)Highly skilled:

(1) Workshop Supervisor/Assembling Supervisor

3854.00 3649.00

15

Classes of employees.

(1)


(2)

Zone-A Zone-B

(i) Rs. P..

(ii) Rs. P

(2) Laboratory Analyst 3854.00 3649.00

(3) Any other highly skilled category not classified above.

3854.00 3649.00

(B) Skilled:

(1)Quality Inspector 3329.00 3176.00

(2) Technician/Technical Assistant 3329.00 3176.00

(3) Mechanic 3329.00 3176.00

(4) Die-maker 3329.00 3176.00

(5) Draughtsman 3329.00 3176.00

(6) Cameraman. 3329.00 3176.00

(7) Mechinist 3329.00 3176.00

(8) Machine Operator 3329.00 3176.00

(9) Miller 3329.00 3176.00

(10)Die Casting Operator\ 3329.00 3176.00

(11)Moulder 3329.00 3176.00

(12)Welder 3329.00 3176.00

(13)Fitter 3329.00 3176.00

(14)Turner 3329.00 3176.00

(15)Electrician 3329.00 3176.00

(16) Radio and Television Mechanic.

3329.00 3176.00

(17) Computer Operator 3329.00 3176.00

(18) Aligner 3329.00 3176.00

(19) Maintenance Assistants on Machines (Electrical Electro-Mechanical, Mechanical and Electronics)

3329.00 3176.00

16


(1)


(2)

Zone-A Zone-B

(i) Rs. P..

(ii) Rs. P

(20) Any other skilled category not classified above

3329.00 3176.00

(C) Semi-skilled: Assembling Operation.

(1) Winding/Wiring/Fitting/ Soldering/Mounting/ Testing and any other semi-skilled operations connected with assembling (with general qualification or no qualification)

2980.00

2895.00

(2) Planting Co-ordinator 2980.00 2895.00

(3)Assembling Operator 2980.00 2895.00

(4)Press Operator 2980.00 2895.00

(5) Printing Operator 2980.00 2895.00

(6) Punch Operator 2980.00 2895.00

(7)Driller 2980.00 2895.00

(8)Painter 2980.00 2895.00

(9)Polisher 2980.00 2895.00

(10)Any other semi-skilled category not classified above.

2980.00

2895.00

(D) Un- skilled:

(1)Helper 2804.00 2721.00

(2)Cleaner 2804.00 2721.00

(3)Mazdoor 2804.00 2721.00

(4)Packer 2804.00 2721.00

17

Explanations.- (1) The classification of Zones and Category of employees shall be as follows: (a) Classification of Zones.- Zone-A All District Head Quarters, Corporations and Municipalities.

Zone-B: Other places.

(b) Classification of Category.- (A) Highly skilled.- Highly skilled work employee is one who does the work which involves skill or competence of extraordinary degree and possesses supervisory ability.

(B) Skilled.- Skilled employee is one who is capable of working independently and efficiently and turning out accurate working. He must becapable of reading and working on simple drawing circuits and process, if necessary.

(C ) Semi-skilled.- Semi-skilled employee is one who has sufficient knowledge of the particular trade or above to do respective work and simple job with the help of simple tools and machines.

(D) Un-skilled.- Un-skilled employee is one who possesses no special training and whose work involves the performance of the simple duties which require the exercise of little or no independent judgement or previous experience although a familiarity with the occupational environment is necessary. His work may thus require in articles or goods.

(2) Dearness allowance.- In addition to the above minimum rates of basic wages fixed above, the employees shall be paid dearness allowance as indicated below:-

(i) The dearness allowance is linked to the Average Chennai City Consumer Price Index Number for the year 2000 that is, 475 points (with base 1982=100) and for every rise of one point over and above 475 points, an increase of Rs.5.70 (Rupees Five and paise Seventy only) per month shall be paid as dearness allowance.

(ii) The dearness allowance shall thus be calculated every year on the 1st April on the basis of the average of the indices for the preceding twelve months, that is, from January to December.

(iii)The first calculation shall thus be effective from the date of publication of this Notification in the Tamil Nadu Government Gazette based on the average Chennai City Consumer Price Index Number for the previous year .


(1)


(2)

Zone-A Zone-B

(i) Rs. P..

(ii) Rs. P

(5) Any other unskilled category not classified above.

2804.00 2721.00

18

(3) Where the nature of work is the same, no distinction in the payment of wages shall be made between men and women employees.

(4) To arrive at daily rates of wages, the monthly wages shall be divided by 26.

(5) To arrive at monthly rates of wages, the daily rates of wages shall be multiplied by 30. (6) Wherever the existing wages are higher than the minimum wages fixed herein, such existing wages shall be continued to be paid.

REVISION OF MINIMUM RATES OF WAGES FOR EMPLOYMENT IN POLYTHENE MANUFACTORY AND PROCESSING FOAM ITEMS AND PLASTIC MANUFACTORY IN (T.N.)) – FINAL NOTIFICATION:

Vide Notification G.O. (2D) No. 32 dated August 9, 2011 issued by the Labour and Employment (J1) Department, Government of Tamil Nadu.

In exercise of the powers conferred by clause (b) of sub-section (1) of section 3 and sub-section (2) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948) and in supersession of the Labour and Employment Department Notification No.II(2)/LE/817/2002, published at pages 505 to 507 of Part II-Section 2 of the Tamil Nadu Government Gazette, dated the 2nd October 2002, the Governor of Tamil Nadu, after consultation with the Advisory Board, hereby revises the minimum rates of wages payable to the classes of employees in the employment in Polythene Manufactory and Processing Foam items and Plastic Manufactory in the State of Tamil Nadu specified in column (1) of the Schedule below as specified in the corresponding entries in column (2) thereof, the draft of the same having been previously published as required by clause (b) of sub-section (1) of section 5 of the said Act.

2. This notification shall come into force with effect on and from the date of its pub-lication in the Tamil Nadu Government Gazette.

THE SCHEDULE. EMPLOYMENT IN POLYTHENE MANUFACTORY, PROCESSING FOAM ITEMS AND

PLASTIC MANUFACTORY Classes of Employees

(1) Minimum rates of

basic wages (per month)

Rs.P. (2)

A. EMPLOYMENT IN POLYTHENE MANUFACTORY.-

I.Un-skilled.-

(1)Operator 2977.00

(2) Helper 2820.00

19

Classes of Employees (1)


Rs.P. (2)

II.Semi-skilled.

(1) Operator 3136.00

(2) Winder 3136.00

(3) Weaver 3136.00

(4) Warper 3136.00

III.Skilled.


(2)Extruder Operator 3452.00

(3) Printing Operator 3452.00

(4) Mechanical Operator 3452.00

(5)Jobbar 3452.00

IV.Highly-skilled.-

(1) Shift Incharge 4242.00

(2) Foreman 4242.00

(3) Supervisor 4242.00

V.Common Categories.-

(1) Manager 5666.00

(2) Assistant Manager 4717.00

(3) Accountant 3926.00

4) Store Keeper or Godown Keeper 3768.00

(5) Senior Assistant 3768.00

(6) Accounts Assistant 3610.00

(7) Clerk or Office Assistant 3610.00

(8) Typist 3690.00

(9) Steno-Typist 3768.00

(10) Receptionist 3610.00

(11) Attender 2977.00

(12) Salesman 2977.00

(13) Office Boy/Peon 2820.00

(14) Watchman 2820.00

B.EMPLOYMENT IN PROCESSING FOAM ITEMS MANUFACTORY.- I. Un-skilled.-


(2) Worker Grade-III 3136.00

(3) Cleaner 2820.00

(4) Packet 2820.00

(5) Helper 2820.00

20



Rs.P. (2)

II.Semi-skilled.-


(2) Boiler Operator 3293.00

(3) Worker Grade – II 3293.00

III.Skilled.-


(2) Worker Grade – I 3452.00

IV.Highly- skilled.-

(1)Junior Executive 5033.00

(2) Foremen 4242.00


(4) Section Head 4242.00


(1)Manager 5666.00


(3) Accountant 3926.00

(4)Store Keeper or Godown Keeper 3768.00





(9) Typist 3690.00


(11) Attender 2977.00

(12) Salesman 2977.00


(14) Watchman 2820.00

C. EMPLOYMENT IN PLASTIC MANUFACTORY .- I.Un-skilled.-

1)Operator 2977.00

(2) Helper 2820.00

(3) Finisher 2820.00

(4) Packer or Despatch Assistant 2820.00

21



Rs.P. (2)

II.Semi-skilled.-


(2) Lathe Operator 3136.00

(3) Machine Assistant 3136.00

(4) Turner 3136.00

(5) Printer 3136.00

(6) Welder 3136.00

(7) Assembler 3136.00

(8) Cutter 3136.00

(9) Machinist 3136.00

(10) Tailor 3136.00

(11) Laboratory Assistant 3136.00

III. Skilled.-

1) Operator 3452.00

(2) Setter-cum-Operator 3452.00

(3) Moulder 3452.00

(4) Electrician 3452.00

(5) Dye Make 3452.00

IV. Highly-skilled.-

(1)Foreman 4242.00



(1) Manager 5666.00


(3)Accountant 3926.00

(4) Computer Programmer 3768.00

(5) Store Keeper or Godown Keeper 3768.00





(10) Typist 3690.00


(12) Attender 2977.00

(13) Salesman 2977.00


(15) Watchman 2820.00

22

Explanations.- (1) Dearness allowance.- In addition to the minimum rates of basic wages fixed above, the employees shall be paid dearness allowance as indicated below:-

(i) The dearness allowance is linked to the Average Chennai City Consumer Price Index for the year 2000, that is, 475 points with base (1982=100) and for every rise of one point over and above 475 points, an increase of Rs.5.90 (Rupees five and paise ninety only) per month shall be paid as dearness allowance.

(ii) The revision shall be effective from the 1st April of every year on the basis of the indices for the earlier twelve months, namely, from January to December.

(iii) The first calculation shall thus be effective from the date of issue of this Notification in the Tamil Nadu Government Gazette based on the Average Consumer Price Index of the previous year.

(2) Where the same work or work of a similar nature is performed by women, no distinction in payment of wages shall be made between men and women employees.

(3) To arrive at daily rates of wages, the monthly wages shall be divided by 26.

(4) Wherever the existing wages are higher than the minimum wages fixed herein, the same shall be continued to be paid. REVISION OF MINIMUM RATES OF WAGES FOR EMPLOYMENT IN “ANY MANUFACTURING PROCESS CARRIED OUT IN ANY FACTORY AS DEFINED TO SECTION 2(M) OR SECTION 85 OF THE FACTORIES ACT OTHER THAN THOSE NOTIFIED UNDER PART-I OR PART-II OF THE SCHEDULE” IN A.P. -- PRELIMI-NARY NOTIFICATION:

Vide G.O.Ms. No. 998 dated June 17, 2011 issued by Labour Employment Training and Factories (Lab.II) Department, Government of Andhra Pradesh.

The Government of Andhra Pradesh have notified in the above Gazette Notification the Preliminary Notification regarding Revision of Minimum rates of Wages for employment in ―Any Manufacturing process carried out in any factory as defined to Section 2(M) or Section 85 of the Factories Act other than those noti-fied under Part-I or Part-II of the Schedule.‖ in Andhra Pradesh.

The final notification will be issued after two months from the date of issue of Preliminary Notification considering the objections and suggestions received from the Trade by the Commissioner of Labour.

P.S.: The full text of the above Preliminary Notification, which runs to three pages, has not been reproduced in this issue. The full text of the Notification is available in the office of the Chamber for perusal of Members. Interested Members may obtain a copy of the same from the office of the Chamber on request.

23

CONSUMER PRICE INDEX NUMBERS FOR INDUSTRIAL WORKERS -- (BASE 2001=100)

Sl.No

Centre April 2011

June 2011

Sl.No

Centre April 2011

May 2011

May 2011

June 2011

ALL INDIA 186 189 MADHYA RADESH: 187

ANDHRA PRADESH: 38 Bhopal 198 197 201

1. Godavarikhan 194 197 39. Chhindwara 188 191 195 191 2. Guntur 187 191 40. Indore 176 177 189 178 3. Hyderabad 169 171 41. Jabalpur 193 193 170 195 4. Vijaywada 184 186 MAHARASHTRA: 185 5. Visakhapatnam 185 189 42. Mumbai 184 186 186 189 6. Warangal 197 201 43. Nagpur 214 215 197 217 ASSAM: 44. Nasik 197 203 201 7. Doom Doom Tinsukia 164 172 45. Pune 196 197 164 199 8. Guwahati 164 167 46. Sholapur 193 198 162 198 9. Labac-Silchar 182 186 ORISSA: 183

10. Mariani Jorhat 168 170 47. Angul Talcher 194 198 169 198 11. Rangapara Tejpur 163 160 48. Rourkela 199 199 159 200 BIHAR: PUNJAB: 12. Munger Jamalpur 196 194 49. Amritsar 203 202 195 202 13. Bhilai 193 198 50. Jalandhar 186 186 196 187 GOA: 51. Ludhiana 180 188 185 14. Goa 199 202 RAJASTHAN: 201 GUJARAT: 52. Ajmer 187 187 189 15. Ahmedabad 180 181 53. Bhilwara 184 184 180 186 16. Bhavnagar 182 188 54. Jaipur 187 187 184 188 17. Rajkot 184 193 TAMILNADU: 186 18. Surat 166 169 55. Chennai 164 166 167 167 19. Vadodra 173 178 56. Coimbatore 172 172 175 171 HARAYANA: 57. Coonoor 178 178 178 20. Faridabad 191 190 58. Madurai 168 169 191 171 21. Yamunanagar 192 193 59. Salem 167 168 192 172 HIMACHAL RADESH: 60. Tiruchirapally 178 179 178

22. Himachal Pradesh 167 169 TRIPURA: 169

JAMMU & KASHMIR: 61. Tripura 163 163 164 23. Srinagar 169 168 UTTAR RADESH: 168 JARKHAND 62. Agra 204 203 205 24. Bokaro 181 185 63. Ghaziabad 196 193 184 195 25. Giridih 229 236 64. Kanpur 197 196 234 197 26. Jamshedpur 205 208 65. Lucknow 193 192 207 192 27. Jharia 194 194 66. Varanasi 188 189 193 194 28. Kodarma 210 215 WEST BENGAL: 212

29. Ranchi Hatia 213 217 67. Asansol 206 206 214 210 KARANATAKA: 68. Darjeeling 178 178 179 30. Bangalore 190 192 69. Durgapur 188 189 192 191 31. Belgaum 199 197 70. Haldia 177 176 198 178 32. Hubli-Dharwar 194 201 71. Howrah 177 179 197 182 33. Mercara 181 189 72 Jalpaiguri 175 176 185 177 34. Mysore 183 187 73. Kolkata 180 181 185 183 KERALA: 74. Raniganj 176 176 178 35. Ernakulam 181 184 75. Siliguri 182 182 183 185 36. Mundakayam 186 193 76. CHANDIGARH 190 190 191 195 37. Quilon 192 195 77. DELHI 172 172 196 172

78 PUDUCHERRY 177 177 182

Source: Labour Bureau, Shimla

CONSUMER PRICE INDEX NUMBERS FOR INDUSTRIAL WORKERS -- (BASE 2001=100) Sl.No

Centre July 2011

Sept. 2011

Sl.No

Centre July 2011

Aug. 2011

Aug 2011

Sept 2011

ALL INDIA 193 197 MADHYA RADESH: 194 ANDHRA PRADESH: 38 Bhopal 208 209 211 1. Godavarikhan 200 204 39. Chhindwara 195 203 202 204

2. Guntur 195 197 40. Indore 179 183 194 187

3. Hyderabad 173 176 41. Jabalpur 199 200 175 201 4. Vijaywada 189 191 MAHARASHTRA: 188 5. Visakhapatnam 195 198 42. Mumbai 194 195 195 199 6. Warangal 206 207 43. Nagpur 224 224 205 225 ASSAM: 44. Nasik 204 206 207 7. Doom Doom Tinsukia 173 177 45. Pune 200 202 175 204 8. Guwahati 173 175 46. Sholapur 201 201 174 204 9. Labac-Silchar 188 189 ORISSA: 188

10. Mariani Jorhat 163 174 47. Angul Talcher 201 204 174 205 11. Rangapara Tejpur 163 165 48. Rourkela 203 204 164 209 BIHAR: PUNJAB: 12. Munger Jamalpur 202 204 49. Amritsar 205 214 205 215

13. Bhilai 216 221 50. Jalandhar 194 194 218 194 GOA: 51. Ludhiana 190 191 193 14. Goa 206 206 RAJASTHAN: 205 GUJARAT: 52. Ajmer 193 194 197 15. Ahmedabad 188 193 53. Bhilwara 193 201 191 200 16. Bhavnagar 191 195 54. Jaipur 191 194 192 196 17. Rajkot 200 199 TAMILNADU: 198 18. Surat 177 180 55. Chennai 168 172 178 175

19. Vadodra 181 186 56. Coimbatore 174 174 183 175 HARAYANA: 57. Coonoor 179 183 184 20. Faridabad 195 199 58. Madurai 175 176 197 178 21. Yamunanagar 198 201 59. Salem 170 171 197 172 HIMACHAL RADESH: 60. Tiruchirapally 178 181 184

22. Himachal Pradesh 174 176 TRIPURA: 174

JAMMU & KASHMIR: 61. Tripura 167 170 171

23. Srinagar 172 174 UTTAR RADESH: 174 JARKHAND 62. Agra 211 212 213 24. Bokaro 200 204 63. Ghaziabad 199 201 200 203

25. Giridih 240 235 64. Kanpur 202 204 237 205 26. Jamshedpur 220 221 65. Lucknow 196 199 219 202

27. Jharia 198 204 66. Varanasi 195 196 203 199

28. Kodarma 220 217 WEST BENGAL: 217

29. Ranchi Hatia 223 227 67. Asansol 212 216 225 216 KARANATAKA: 68. Darjeeling 180 182 187

30. Bangalore 194 197 69. Durgapur 195 196 194 198

31. Belgaum 200 201 70. Haldia 192 194 199 194

32. Hubli-Dharwar 202 202 71. Howrah 184 188 201 190

33. Mercara 190 191 72 Jalpaiguri 182 182 190 183

34. Mysore 187 191 73. Kolkata 186 192 187 193

KERALA: 74. Raniganj 183 184 184 35. Ernakulam 187 191 75. Siliguri 186 190 187 192

36. Mundakayam 192 193 76. CHANDIGARH 200 202 191 204 37. Quilon 194 195 77. DELHI 178 178 191 182

78 PUDUCHERRY 185 185 186

Source: Labour Bureau, Shimla

Documents

LABOUR NEWS - Andhra Chamber of Commerce September-October 2011.pdf · The Factories Act, 1948 -- Exemption from the provisions of Sub-section (1) of Section 58 The ... LABOUR NEWS