EMPLOYEES STATE INSURANCE ACT, 1948 Coverage of employees Drawing wages upto Rs 1!!!!

"# per month engaged either directly or thru contractor Rate o$ Co%tr&'ut&o% o$ t(e )ages Employers 4 *+, Employees 1 *+,

Ma%%er a%- T&.e L&.&t $or .a/&%g Pa0.e%t o$ 1o%tr&'ut&o% The total amount of contribution (employees share and employers share) is to be deposited with the authorised bank through a challan in the prescribed form in quadruplicate on ore before 21 st of month following the calendar month in which the wages fall due

2e%e$&ts To the employees under the !ct "edical# sickness# e$tended sickness for certain diseases# enhanced sickness# dependents maternity# besides funeral e$penses# rehabilitation allowance# medical benefit to insured person and his or her spouse

3A4ES 5OR ESI CONTRI2UTIONS %egisters&files to be maintained by the employers Co%tr&'ut&o% per&o-

1st !pril to '(th )eptember Co%tr&'ut&o% per&o-

1st *ctober to '1st "arch

+f the person ,oined insurance employment for the first time# say on - th .anuary# his first contribution period will be from -th .anuary to '1st "arch and his corresponding first benefit will be from - th *ctober to '1st December

To 'e -ee.e- as )ages

/asic pay Dearness allowance 0ouse rent allowance 1ity compensatory allowance *2ertime wages 3ayment for day of rest

3roduction incenti2e /onus other than statutory bonus 4ight shift allowance 0eat# 5as 6 Dust allowance 3ayment for unsubstituted holidays "eal&food allowance )uspension allowance 7ay off compensation 1hildren education allowance

NOT to 'e -ee.e- as )ages

1ontribution paid by kthe employer to any pension&pro2ident fund or under E)+ !ct

)um paid to defray special e$penses entailed by the nature of employment 8 Daily allowance paid for the period spent on tour 5ratuity payable on discharge 3ay in lieu of notice of retrenchment compensation /enefits paid under the E)+ )cheme Encashment of lea2e 3ayment of +nam which does not form part of the terms of employment 9ashing allowance for li2ery 1on2eyance !mount towards reimbursement for duty related ,ourney

Pe%a6t&es Different punishment ha2e been prescribed for different types of offences in terms of )ection :-; (+) (si$ months imprisonment and fine %s -((()# (ii) (one year imprisonment and fine)# and :-<!; (fi2e years imprisonment and not less to 2 years) and :-<1(2) of the E)+ !ct# which are self e$planatory /esides these pro2isions# action also can be taken under section =(> of the +31 in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust

IN7USTRIAL EMPLOYMENT 8STAN7IN4 OR7ERS9 ACT, 194: ; T<E RULES

App6&1a'&6&t0 o$ t(e A1t E2ery industrial establishment wherein 1(( or more (in many )tates it is -( or more)

Se1 1 Matters to 'e prov&-e- &% Sta%-&%g or-ers 1lassification of workmen# e g # whether permanent# temporary# apprentices# probationers# or badlis "anner of intimating to workmen periods and hours of work# holidays# pay<days and wage rates )hift working !ttendance and late coming 1onditions of# procedure in applying for# and the authority which may grant# lea2e and holidays %equirement to enter premises by certain gates# and liability to search 1losing and re<opening of sections of the industrial establishments# and temporary stoppages of work and the right and liabilities of the employer and workmen arising therefrom Termination of employment# and the notice thereof to be gi2en by employer and workmen )uspension or dismissal for misconduct# and acts or omissions which constitute misconduct "eans of redressal for workmen against unfair treatment or wrongful e$actions by the employer or his agents or ser2ants

A--&t&o%a6 Matters )er2ice %ecord 8 "atters relating to ser2ice card# token tickets# certification of ser2ice# change of residential address of workers and record of age 1onfirmation !ge of retirement Transfer "edical aid in case of !ccident "edical E$amination )ecrecy E$clusi2e ser2ice Se1s =8g9, >8=9 a%- Ru6e =A Co%-&t&o%s $or Cert&$&1at&o% o$ Sta%-&%g Or-ers E2ery matter to be set out as per )chedule and %ule 2! The standing orders to be in conformity with the pro2isions of the !ct Pro1e-ure $or Cert&$&1at&o% o$ Sta%-&%g Or-ers 1ertifying *fficer to forward a copy of draft standing orders to the trade union or in the absence of union# to the workmen of the industry The trade union or the other representati2es# as the case may be# are to be heard Se1 +

7ate o$ Operat&o% o$ Sta%-&%g Or-ers *n the date of e$piry of '( days from certification or on the e$piry of ? days from authentication of )tanding *rders

Se1 * Post&%g o$ Sta%-&%g Or-ers The te$t of the standing orders as finally certified shall prominently be posted in English or in the language understood by ma,ority of workmen on special board at or near the entrance for ma,ority of workers Se1 9

Su'.&ss&o%s o$ 7ra$t Sta%-&%g Or-ers

9ithin si$ months from the date when the !ct becomes applicable to an industrial establishment @i2e copies of the draft )tanding *rders are to be submitted to the 1ertifying *fficer under the !ct

Se1 >

Te.porar0 app6&1at&o% o$ Mo-e6 Sta%-&%g Or-ers Temporary application of mod standing orders shall be deemed to be adopted till the standing orders as submitted are certified Se1 1=#A

Pa0.e%t o$ Su's&ste%1e A66o)a%1e to t(e Suspe%-e- 3or/ers !t the rate of fifty per cent# of the wages which the workman was entitled to immediately proceeding the date of such suspension# for the first ninety days of suspension !t the rate of se2enty<fi2e percent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct such workman Se1 1(#A

PENALTIES

@ailure of employer to submit draft )tanding *rders fine of %s -((( and %s 2(( for e2ery day on continuation of offence @ine of %s 1(( on contra2ention and on continuation of offence %s 2- for e2ery day

MATERNITY BENEFIT ACT, 1961

O'?e1t o$ t(e A1t To protect the dignity of motherhood and the dignity of a new persons birth by pro2iding for the full and healthy maintenance of the woman and her child at this important time when she is not working

Coverage o$ t(e A1t

Apon all women employees either employed directly or through contractor e$cept domestic women employees employed in mines# factories# plantations and also in other establishments if the )tate 5o2ernment so decides Therefore# if the )tate 5o2ernment decides to apply this !ct to women employees in shops and commercial establishments# they also will get the benefit of this !ct /ihar# 3un,ab 0aryana# 9est /engal# A 3 # *rissa and !ndhra ha2e done so Co%-&t&o%s $or e6&g&'&6&t0 o$ 'e%e$&ts 9omen indulging temporary of unmarried are eligible for maternity benefit when she is e$pecting a child and has worked for her employer for at least :( days in the 12 months immediately proceeding the date of her e$pected deli2ery Se1 +

Cas( 2e%e$&ts

7ea2e with a2erage pay for si$ weeks before the deli2ery 7ea2e with a2erage pay for si$ weeks after the deli2ery ! medical bonus of %s 2- if the employer does not pro2ide free medical care to the woman !n additional lea2e with pay up to one month if the woman shows proof of illness due to the pregnancy# deli2ery# miscarriage# or premature birth +n case of miscarriage# si$ weeks lea2e with a2erage pay from the date of miscarriage No% Cas( 2e%e$&ts"Pr&v&6ege

7ight work for ten weeks (si$ weeks plus one month) before the date of her e$pected deli2ery# if she asks for it Two nursing breaks in the course of her daily work until the child is 1- months old 4o discharge or dismissal while she is on maternity lea2e 4o change to her disad2antage in any of the conditions of her employment while on maternity lea2e 3regnant women discharged or dismissed may still claim maternity benefit from the employer E@1ept&o% ; 9omen dismissed for gross misconduct lose their right under the !ct for "aternity /enefit Co%-&t&o%s $or e6&g&'&6&t0 o$ 'e%e$&ts Ten weeks before the date of her e$pected deli2ery# she may ask the employer to gi2e her light work for a month !t that time she should produce a certificate that she is pregnant )he should gi2e written notice to the employer about se2en weeks before the date of her deli2ery that she will be absent for si$ weeks before and after her deli2ery )he should also name the person to whom payment will be made in case she can not take it herself )he should take the payment for the first si$ weeks before she goes on lea2e )he will get payment for the si$ weeks after child<birth within =: hours of gi2ing proof that she has had a child )he will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old 0er employer cannot discharge her or change her conditions of ser2ice while she is on maternity lea2e Se1 +

Leave $or M&s1arr&age ; Tu'e1to.0 Operat&o% 7ea2e with wages at the rate of maternity benefit# for a period of si$ weeks immediately following the day of her miscarriage or her medical termination of pregnancy Entitled to lea2e with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation

Leave $or &66%ess ar&s&%g out o$ preg%a%10 et1 et1 ! woman suffering from illness arising our of pregnancy# deli2ery# premature birth of child ("iscarriage# medical termination of pregnancy or tubectomy operation) be entitled# in addition to the period of absence allowed to her lea2e with wages at the rate of maternity benefit for a ma$imum period of one month Se1 1!

Pro(&'&t&o% o$ -&s.&ssa6 -ur&%g a'se%1e o$ preg%a%10 Discharge or dismissal of a woman employed during or on account of such absence or to gi2e notice or discharge or dismissal on such a day that the notice will e$pire during such absence or to 2ery her disad2antage Discharge or dismissal during or on account of such absence or to gi2e notice of discharge or dismissal on such a day that the notice will e$pire during such absence# or to 2ary to her disad2antage any of the conditions of her ser2ice !t the time during her pregnancy# if the woman but for such discharge or dismissal would ha2e been entitled to maternity benefit or medical bonus# etc 4ot barred in case of dismissal for cross misconduct Se1

5a&6ure to 7&sp6a0 E@tra1t o$ A1t +mprisonment may e$tend to one year or fine

5or$e&ture o$ .ater%&t0 'e%e$&t +f permitted by her employer to absent herself under the pro2isions of section > for any period during such authoriBed absence# she shall forfeit her claim to the maternity benefit for such period @or discharging or dismissing such a woman during or on account of her absence from work# the employer shall be punishable with imprisonment which shall not be less than ' months# but it will e$tend to one year and will find# but not e$ceeding %s -#((( Se1 18

MINIMUM WAGES ACT, 1948 O'?e1t o$ t(e A1t To pro2ide for fi$ing minimum rates of wages in certain employments 5&@at&o% o$ M&%&.u. Rates o$ 3ages

The appropriate go2ernment to fi$ minimum rates of wages The employees employed in para 1 or / of )chedule either at 2 or either part of notification u&s 2? To make re2iew at such inter2als not e$ceeding fi2e years the minimum rates or so fi$ed and re2ised the minimum rates 4over%.e%t 1a% a6so $&@ M&%&.u. 3ages $or

Time work 3iece work at piece rate 3iece work for the purpose of securing to such employees on a time work basis *2ertime work done by employees for piece work or time rate workers Se1 > M&%&.u. Rates o$ 3ages )uch as /asic rates of wages etc Cariable D! and Calue of other concessions etc Se1 4

Pro1e-ure $or $&@&%g a%- rev&s&%g M&%&.u. Rates o$ 3ages !ppointing 1ommittee issue of 4otification etc Se1 +

Co.pos&t&o% o$ Co..&ttee %epresentation of employer and employee in schedule employer in equal number and independent persons not e$ceeding 1&'rd or its total number one such person to be appointed by the 1hairman Se1 9 Pa0.e%t o$ M&%&.u. Rates o$ 3ages Employer to pay to e2ery employee engated in schedule employment at a rate not less than minimum rates of wages as fi$ed by 4otification by not making deduction other than prescribed Se1 1=

5&@&%g <ours $or Nor.a6 3or/&%g

)hall constitute a normal working day inclusi2e of one or more specified inter2als To pro2ide for a day of rest in e2ery period of se2en days with remuneration To pro2ide for payment for work on a day of rest at a rate not less than the o2ertime rate Se1 1>

Overt&.e To be fi$ed by the hour# by the day or by such a longer wage<period works on any day in e$cess of the number of hours constituting normal working day 3ayment for e2ery hour or for part of an hour so worked in e$cess at the o2ertime rate double of the ordinary rate of (1D times or for agriculture labour) Se1 +

3ages o$ )or/ers )(o )or/s $or 6ess t(a% %or.a6 )or/&%g -a0s )a2e as otherwise hereinafter pro2ided# be entitled to recei2e wages in respect of work done by him on that day as if he had worked for a full normal working day Se1 1+

3ages $or t)o 16ass o$ )or/ 9here an employee does two or more classes of work to each of which a different minimum rate of wages is applicable# wages at not less than the minimum rate in respect of each such class Se1 1:

Ma&%te%a%1e o$ reg&sters a%- re1or-s

%egister of 5&%es 8 @orm + %ule 21(=) !nnual Retur%s 8 @orm +++ %ule 21 (=<!) %egister for Overt&.e 8 @orm +C %ule 2%egister of 3ages8@orm E# 3ages s6&p8@orm E+# Muster Ro668@orm C %ule 2> %epresentation of register 8 for three year %ule 2><! Se1 18

M&%&.u. t&.e rate )ages $or p&e1e )or/ 4ot less than minimum rates wages as fi$ed Se1 1*

C6a&.s '0 e.p6o0ees

To be filed by before authority constituted under the !ct within : months 1ompensation upto 1! times on under or non<payment of wages Se1 1:

PENALITIES Se1 =!

Offence & Puni !"en# For paying less than minimum rates of wages - Imprisonment upto 6 months or with fine upto Rs.500/For contravention of any provisions pertaining to fixing hours for normal working Imprisonment upto 6 months or with fine upto Rs.500/ay etc.

PAYMENT O5 2ONUS ACT, 19:+ ; T<E RULES

App6&1a'&6&t0 o$ A1t E2ery factory where in 1! or more persons are employed with the aid of power or !n establishment in which =! or more persons are employed without the aid of power on any day during an accounting year

Esta'6&s(.e%t Establishment includes Departments# undertakings and branches# etc

Co.putat&o% o$ ava&6a'6e surp6us +ncome ta$ and direct ta$es as payable Depreciation as per section '2 of +ncome Ta$ !ct De2elopment rebate# in2estment or de2elopment allowance

Se1 +

Co.po%e%ts o$ 2o%us )alary or wages includes dearness allowance but no other allowances e g o2er<time# house rent# incenti2e or commission Se1 =8=19 Separate esta'6&s(.e%t +f profit and loss accounts are prepared and maintained in respect of any such department or undertaking or branch# then such department or undertaking or branch is treated as a separate establishment Se1 >

7&sAua6&$&1at&o% ; 7e-u1t&o% o$ 2o%us *n dismissal of an employee for @raudF or riotous or 2iolent beha2iour while on the premises of the establishmentF or theft# misappropriation or sabotage of any property of the establishment or "isconduct of causing financial loss to the Employer to the e$tent that bonus can be deducted for that year Se1s 9 ; 18

Co.putat&o% o$ gross pro$&t @or banking company# as per @irst )chedule *thers# as per )econd )chedule Se1 4

E6&g&'&6&t0 o$ 2o%us !n employee will be entitled only when he has worked for >! working days in that year Se1 8 Pa0.e%t o$ M&%&.u. 2o%us 8 >>, of the salary or %s 1(( (on completion of - years after 1 st !ccounting year e2en if there is no profit)

Se1 1! Se1 8 E6&g&'6e E.p6o0ees Employees drawing wages upto %s '-(( per month or less 5or 1a61u6at&o% purposes Rs =+!! per .o%t( .a@&.u. )&66 'e ta/e% eve% &$ a% e.p6o0ee &s -ra)&%g upto Rs >+!! per .o%t( Se1 1= 4ote; The proposal to enhance the e$isting ceiling of %s '-(( is under acti2e consideration by the 5o2t

T&.e L&.&t $or Pa0.e%t o$ 2o%us 9ithin : months from the close of accounting y ear Se1 1G

Set#o$$ a%- Set#o% !s per )chedule +C Se1 1+

Ma&%te%a%1e o$ Reg&sters a%- Re1or-s et1

! register showing the computation of the a66o1a'6e surp6us referred to in clause (=) of section 2# in form ! ! register showing the set#o% a%- set#o$$ of the allocable surplus# under section 1-# in form /

! register showing the details of t(e a.ou%t o$ 'o%us -ue to each of the employees# the deductions under section 1? and 1: and the amount actually disbursed# in form 1

Se1 =:, Ru6e 4

!ct not applicable to certain employees of 7+1# 5eneral +nsurance# Dock Hards# %ed 1ross# Ani2ersities 6 Educational +nstitutions# 1hambers of 1ommerce# )ocial 9elfare +nstitutions# /uilding 1ontractors# etc etc Se1 >=

PENA$TY F%& c%n#&'(en#i%n %f 'n) *&%(i i%n %f #!e Ac# %& #!e Ru+e ,i#! fine u*#% R -1...Sec-/8

U*#% 6 "%n#!

%&

PAYMENT O5 4RATUITY !1T# 1G?2 6 T0E %A7E)

Applicability Every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more employees Sec. 1

Calculation Piece-rated employee @ 15 days wages for every completed year on an average of 3 months wages Sec.6 Rule 6

Calculation Seasonal employee @ 7 days wages for every completed year of service

Employee !ll employees irrespective of status or salary Entitlement "n completion of five years service e#cept in case of death or disablement Sec.2(e)

Wa es !or Calculation 2(s) Sec. @ 15 days wages for every completed year as if the month comprises of $% days at the last drawn wages

"uali!yin

period

"n rendering of 5 years service, either termination, resignation or retirement

#isplay o! $otice Rule % "n conspicuous place at the main entrance in English language or the language understood by ma&ority of employees of the factory, etc

$omination 'o be obtained by employer after e#piry of one years service, in (orm )(

&a'imum Ceilin

Rs.()*+)+++

&ode o! payment *ash or, if so desired, by +an, -raft or *he.ue

Penalties

/mprisonment for % months or fine upto 0s 10,000 for avoiding to ma,e payment by ma,ing false state1ment or representa 1tion

/mprisonment not less than 3 months and upto one year with fine on default in comply1ing with the provisions of !ct or 0ules

Reco,ery o! -ratuity Sec.. Rule .

'o apply within 30 days in (orm / when not paid within 30 days

Forfeiture of Gratuity Sec.

%(6)

"n termination of an employee for moral turpitude or riotous or disorderly behaviour 2holly or partially for wilfully causing loss, destruction of property etc

Protection o! -ratuity Sec. 1(

*ant be attached in e#ecution of any decree

3!H"E4T *@ 9!5E) !1T# 1G'>

Applicability o! Act

(actory industrial Establishment

'ramway service or motor transport service engaged in carrying passengers or good or both by road for hire or reward !ir transport service -oc,, 2harf or 3etty /nland vessel, mechanically propelled 4ine, .uarry or oil1field 5lantation

2or,shop or other establishment etc

/b0ect o! t1e Act 'o regulate the payment of wages of certain classes of employed persons

Co,era e o! Employees -rawing average wage upto 0s %500 pm as amended w e f % 6 05

2ines as prescribed by 7ot to imposed unless the employer is given an opportunity to show cause 'o record in the register Sec.. 3ime o! payment o! 4a es 'he wages of every person employed be paid 2hen less than 1000 persons are employed shall be paid before the e#piry of the 7 th day of the following month 2hen more than 1000 wor,ers, before the e#piry of the 10 th day of the following month Sec. *

Wa es to be paid in current coins or currency notes !ll wages shall be paid in current coins or currency notes or in both !fter obtaining the authori8ation, either by che.ue or by crediting the wages in employees ban, !ccount Sec. 6

#eduction made !rom 4a es -eductions such as, fine, deduction for amenities and services supplied by the employer, advances paid, over payment of wages, loan, granted for house1building or other purposes, income ta# payable, in pursuance of the order of the *ourt, 5( contributions, cooperative societies, premium for 9ife /nsurance, contribution to any fund constituted by employer or a trade union, recovery of losses, E:/ contributions etc etc Sec. 5 #eduction !or absence !rom duties !or unaut1orised absence !bsence for whole or any part of the day ; /f ten or more persons absent without reasonable cause, deduction of wages upto < days Sec. 6

#eductions !or ser,ice rendered 2hen accommodation amenity or service has been accepted by the employee

Sec.11

#eduction !or dama e or loss (or default or negligence of an employee resulting into loss :how cause notice has to be given to the employee Sec.1+

9*%I"E4) 1*"3E4)!T+*4 !1T# 1G2' App6&1a'&6&t0 !ll o2er +ndia Se1 1 Coverage o$ 3or/.e% !ll workers irrespecti2e of their status or salaries either directly or through contractor or a person recruited to work abroad Se1 18>9

E.p6o0ers 6&a'&6&t0 to pa0 1o.pe%sat&o% to a )or/.a% *n death or personal in,ury resulting into total or partial disablement or occupational disease caused to a workman arising out of and during the course of employment Se1 >

A.ou%t o$ 1o.pe%sat&o%

9here death of a workman results from the in,ury !n amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the rele2ant factor on an amount of eighty thousand rupees# whiche2er is more 9here permanent total disablement results from the in,ury !n amount equal to si$ty per cent of the monthly wages of the in,ured workman multiplied by the rele2ant factor or an amount of ninety thousand rupees# whiche2er is more Pro1e-ure $or 1a61u6at&o% <&g(er t(e age B Lo)er t(e 1o.pe%sat&o% %ele2ant factor specified in second column of )chedule +C gi2ing slabs depending upon the age of the concerned workman E$ample ; +n case of death 9ages %s '((( 3" J !ge 2' years @actor as schedule +C %s 1G G !mount of compensation %s '2GG' +n case of total disablement %s 'G-G1(

Se1 4

3(e% a% e.p6o0ee &s %ot 6&a'6e $or 1o.pe%sat&o%

+n respect of any in,ury which does result in the total or partial disablement of the workman for a period e$ceeding three days +n respect of any in,ury# not resulting in death or permanent total disablement caused by an accident which is directly attributable to< The workman ha2ing been at the time thereof under the influence of drink or drugs# or 9illful disobedience of the workman to an order e$pressly gi2en# or to a rule e$pressly framed# for the purpose of securing the safety of workmen# or 9illful remo2al or disregard by the workman of any safety guard or other de2ice which he knew to ha2e been pro2ided for the purpose of securing the safety of workman Se1 >8a9 ; 8'9

3ages

9hen the monthly wages are more than %s =((( per month it will be deemed %s =((( Se1 4 E@( '

Not&1e A11&-e%t

!s soon as Pra1t&1a'6e Se1 1!

Report o$ a11&-e%t Ru6e 11 5or. EE %eport of fatal !ccident and )erious +n,ury within ? days to the 1ommissioner (not application when E)+ !ct applies) Se1 1!2

2ar upo% 1o%tra1t&%g out !ny workman relinquishing his right for personal in,ury not permissible )ec 1=

PENALTY

I% 1ase o$ -e$au6t '0 e.p6o0er ## -(K of the compensation amount L interest to be paid to the workman or his dependents as the case may be

7epos&t o$ Co.pe%sat&o% ##9ithin one month with the 1ompensation 1ommissioner

Se1 4A