legal systems unit 4 full

8/7/2019 legal systems unit 4 full

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THE PAYMENT OF WAGES ACT

1936


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1. PROVISION OF PAYMENT OF WAGES

OF RELATING TO REDUCTION

1, Deduction for fine [sec 8]

A, list of act

B, Notice

C, Sharing cause

D, Amount not to exceed 3% of wages

E, No fine for below 15 Years

F, On the day of act

G, Recovered within 60 days

H, Recorded


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2, ABSENT FROM DUTY: [sec 9]

a, Without giving notice, 8days wages out

3, DEDUCTIONS FOR DAMAGE OR LOSS [sec 10]

4, DEDUCTION SERVICE RENDERED [sec 11]

a, house

5, DEDUCTION FOR RECOVERY OF ADVANCE [sec 12]

a, LIC

b, Loan

c, post office deposit


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3. CLAIM AND PROCEDURE

A, presiding officer of labourer court

B, Commission of works man compensation act

C, Judge

D, Application

E, Reason

F, Procedure


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4. PENALTIES AND PROCEDURE

A, Wrongful deduction Rs.500/-

B, Failure to maintain record Rs. 500/-

C, obstruct inspector Rs. 500/-

D, Payment delay Rs. 50/-


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MINIMUM WAGE ACT 1948


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1, OBJECTIVE:

To secure the welfare of the worker in

competitive market by fixing minimum rate ofwages in certain employment .


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2. DEFINITION

A,COST OF LIVING INDEX Sec 2(d)

Index is ascertained and declared

by the competent authority by notification in the

official /gazzette / to the cost of living indexapplication to the employees in any employment..


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B, EMPLOYER Sec 2(e)

- Owner

- Contractor

- Supervisor

- Authority


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C, MINIMUM WAGES:

It is lowest limited or the flow below

which no worker should be paid

3. APPLICATION:

In all sates


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MIMIMUM WAGES ACT SEC 3


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1,FIXATION AND REVISION OF

MINIMUM WAGES ACT SEC 3

Appropriated govt. will fix minimum

Wage rate by notification in official gatzette

Fix any specified class if 1000 workers or more.

Review of interval once in 5 years


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2. PROCDURE

- Appoint committee and sub-committee

- Notification given asked for any proposals

- Advisory board consist of equal no. of workers

- Employers and independent person not morethan 1/3 and one chairman.

- Central advisory board


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3. MAINTAINENCE OF REGISTERS

AND RECORDS

Employers name

Nature of work

Wages period

Receipt


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4. INSPECTIORS

Same as factories act

5. WHO MAY APPLY

LC, C, WCA, Jude of civil court


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6, WHO MAY APPLY

Worker

Legal represent

T.v official

Inspectors

Any other

7, OFFERCES AND PUNISHMENT:

less payment 6 months jail/ Rs. 500/-


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INDUSTRIAL DISPUTE ACT

1947


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1. OBJECTIVE

A, To encourage collective bargaining.

B, To maintain industrial peace.

C, To promote good relation lay off and

retrenchment . D, To promote good relation.

E, To promote settlement of ID.

F, adjudication of ID.

G, prevent unfair labour practice.

H, provide payment of wages.


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2. INDUSTRIAL DISPUTE SEC 2(K)

A, Employer and employees

B, worker and worker

C, Worker and employer


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3. DEFINITIONS

A, Average pay

B, Award

C, Closure

D, Layoff E, Lock out

F, Strike which is connected with the employer in

term of or condition of labour.

G, Retrechment


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A, AVERAGE :

compensation given to worker

B,AWARD:

Sec 2(d) it is find determination of labour court or industrial tribunal

C, CLOSURE:

Permanently closing down of the place of employment.

D, LAY OFF 2(kkk):

Failure or inability of employer to give employment

E, LOCKOUT:

Temporary closing of a place of emt. By the emr.

F, STRIKE:

Sec 2(2) seization which is connected with the employer or term of

employer or in terms of emplioyee refuce to do work.


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RETRENCHMENT

Sec(0,0) it is termination of the service of

the worker by the employer is called

retrenchment it does not include VRS andretirement.


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INDUSTRIAL DISPUTE ACT

1947(AUTHORITIES UNDER THIS ACT ORSETTELMENT OR REMEDIESMACHINERY AVAILABLE UNDER THIS

ACT.)


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1. WORKS COMMITTEE SEC(3)

CONSTITUTION:

equal rap of worker and employers

Function:

a, to promote good IRb, to settle any disputes

c, day to day activities


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2.CONCILITATION OFFICER SEC(4)

appointed by govt. for a specified areas.

DUTIES:

A, Mediating B, Conciliation proceeding

C, Investigate

D, Send to govt.

E, If solution arrived send within 14 days.


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3.BOARD OF CANCILATION

1 CHAIRMAN , 2 OR MORE MEMBERS

DUTIES

Settlement of dispute If not send the report with 2 months


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4. COURT OF INQUIRY

Govt. will appoint and chairman 2 or more

members.

*Duties: within 6 months send the report to govt.

5, LABOUR COURT:6, INDUSTRIAL TRIBUNAL

7, NATIONAL TRIBUNAL


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6.INDUSTRIAL TRIBUNAL

SEC 7A


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CONSTITUTION:

One person appointed by govt.

QUALIFICATION:

Judge of HC, judge of district court.

DUTIES:

Adjudication matters1 or 3 schedules

1, wages matters

2, leave

3, hours of work4, bonus

5,retrenchment


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Disqualification of presiding officer, judge of labour

court, industrial tribunal, national tribunal

He is not independent person

He has attained age of 65 yrs.

7, NATIONAL TRIBUNAL SEC 7B

CONSTITUTION: One person appointed by central

govt.DUTIES: Dispute concerned in national interest.


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DIFFERENT BETWEEN RETRENCHMENT AND

CLOSURES

Terminated by

employer

Surplus labour also

reason

Trade is not distorted

Closing down of

business or trade

Total loss

Disturbed

RETRENCHMENT CLOSURE


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DIFFERENT BETWEEEN STRIKE

AND LOCKOUT

Sec 2(q)

Refusal to do job Legal strike

payment should be

given

Sec 2(L)

Temporary closing offactory by employees

Payment need not be

given

STRIKE LOCK OUT


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WORKMEN

COMPENSATION ACT

(1923)


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1,OBJECT:

A, It is social security of workers

B, To provide payment of compensation by certain

classes of employee

to their workers for injury by accident.

2,DEFINITION:

A, Dependent

B, Employer C, Wages


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3,PARTIAL DISABLEMENT U/S 2(1)(G):

To reduce earning capacity Upper limps finger

Left hand

Lower limps

4, TOTAL DISABLEMENT

Permanent loss of eye

Any other injury


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5, EMPLOYER LIABILITY TO GIVENCOMPENSATION EMPLOYEEDLIABILITY

some personal injury caused by accident

During out of cause of employment

Injury result death or partial disablement

6, EMPLOYER NOT LIABLE TO GIVENCOMPENSATION:

Partial disablement exceeding 3 days

Accident caused by liquorWillfully obeying the rules

Usefully removing safe guard/ device


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1, WHO CAN PAY COMPENSATION ?

Body corporate MD

Legal representation

Contractor

2, OUT OF COURES

A, Railway worker crossing track

B, Death due to earthquake


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3,DISEASE CAUSED BY OCCUPATION

WORKERS:

Employed the certain occupation may get diseased in

particular employment

4,Amount:

Nature of injury

Monthly wages

Relevant factor and age


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1, OBJECT:

A. To provide retirement benefit to workers

B. It is secured for long and service C. It is competency, statuary benefit

2,APPLICATION:

A, All factory

B, Shops, establishment, where10 or more employed

C, other est. by central govt.


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3,Entitlement:

a, 5 years service rendered

b, Supper annotation(govt. Compulsory 65-67)C, Retirement / Resignation

d, Death / disablement

e, Termination of service

4, AMOUNT / CALCULATIONS:

Non seasonal est.=15 days wages X no. of

completed

Seasonal est.=7 days wages X no. of completedMaximum not to exceed Rs. 3,50,000


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5, ADMINISTRATION AUTHORITY Central govt.

State govt.

Inspectors

6, DEDUCTIONS:

Permitted if workers will fully omission or negligence

Any damage / loss


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7, FORFEITURE

Wholly /party if termination by misconduct or act of violence.

8,NOMINATION

After completion of 11 month of service.

9,MODE OF PAYMENT

DD

Cash

Cheque

Mee if


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12,RIGHT OF WORKER

Nomination

Claim the amount

Apply to control authority to recover money 3 and 4 same as above


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13,OFFERCES AND PENALITIES

Failure to make

payment

Making false state

Non-payment of

gratuity

Rs:10,000

6 month jail or 10,000 4 month to 2yrs jail or

10,000-20,000

OFFERCES PUNISHMENT


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THE PAYMENT OF BONUS

ACT 1965


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1,MEANING: a, extra payment to the worker beyond normal wages

b, shares in surplus

2,OBJECT: To impose liability to a employer

To provide min and max bonus

Payment of bonus in prescribed formula


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3, APPLICATION:

All factory Establishment more than 20 worker

4,DEFINITION:

a, accounting year

b, available


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5,MAX. AND MIN AMOUNT OF SURPLUS

BONUS:

min 8.35% of wages, max 20% of wages

6,ELIGIBILITY / QUALIFIED:

30 working days in account years

7, NOT ELIGIBILE / DISQUALIFICATION:

a, fraud b, vidant behavior c, theft or miss

presentation d, temporary employees e, piece rate

works f, workers employed in construction work


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8, TIME LIMITED:

Within 8 month of closing of a/c

9,PRODUCTION:

Limited bonus productivity

10, OFFENCES AND PUNISHMENT 6 month jail or Rs. 1000 fine both

ALLOCABLE SURPLUS:

It is worker share in the available surplus


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1, account yrs of 1stApril to 31st march,

2, AVAILABLE SURPLUS:

Sec 5 it is respect of any accounting yr. is the gross

profit after deducing there from sum related


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EMPLOYEES PROVIDENT

FUND ACT AND MISC

PRAISIONE ACT


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1, MEANING:

It is social security measures to induce employee tosave portion of their present earning.

2,PURPOSE:

To provide funds family pension and deposit linkedinsurance schemes for employees

3,APPLICATION:

a, industry working 20 or more employees b, other establishment link state, central govt.


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4,CONTRIBUTION:

10% employees 10% employer

5, AUTHORISED OFFICER

Central p.f commissioner

b, additional p.f commissioner

c, deputy p.f commissioner

d, regional p.f commissioner


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EMPLOYEES PENTION

SCHEME 1975


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1, PURPOSE:

To provide pension to dependent self a, superannuation

b, retirement

c, permanent disablement

d, window / widowers pension e, children pension

h, contribution 81/3 by employer


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EMPLOYEES DEPOSIT LINKED INSURANCE

SCHEME 1976

PURPOSE:

1,To provide life insurance benefit to employees

2,contribution 1% by employer

PENALTIES AND OFFENCE: False statement 1 yrs jail or Rs. 5000/-


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ADMINSTRATION FOR ALL:

Central board trustees

Executive committee

State board


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EMPLOYEES STATE

INSURANCE ACT 1948


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1,MEANING:

Compulsory insurance against certain risk such as

sickness, maternity , disablement, injury.

2,PURPOSE:

social security

to provide certain benefits benefit to dependent


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3,APPLICABLE:

all state

all factory

when less than 350 workers

4,CONTRIBUTION:

5% employer

2.25% worker


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5, ADMINISTRATION AUTHORITY:

a, ESI corporation

b, Standing committee

c, Medical council

d, Regional boards

e, Inspectors


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6, BENEFITS:

a, Sickness benefits b, Maternity benefits

c, Dependent benefits

d, Disablement benefits

e, Medical benefits

f, Funeral benefits


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7, ADJUDICATION:

power to make order

ESI court

power to recover damages

8, PENALITIES:

a, False statement 6 month jail or Rs.2000/-

b, Failure to make contribution 6 month-3yrs and 5000

Rs 25,000/-


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ESI CORPORATION


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TENURE: 4 YEARS

POWER:

Employment of necessary staff

To promote, measure, improve health and

welfare of worker It can hold or sell the properties

Do investment from time to time

To raise loans with the permission of govt.

They can appoint the inspectors


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DUTIES:

Prepare the budget and submit to central govt.

Maintain the current account

Submit annual report to the govt. Once in 5yrs valuation of assets should be taken

and the report must be submitted to the govt.

Documents

legal systems unit 4 full