Beruflich Dokumente
Kultur Dokumente
LABOUR LAWS
COMPOSED
By
P.B.S. KUMAR
MANAGER-HR
B.Sc,MA(PM),MA(Ind.Eco.)MBA(HR),BGL,DLL,PGDIR&PM
(pbskumar2000@yahoo.com)
APPRENTICES ACT, 1961
CHECKLIST
Applicability of
Coverage Rate of
of employees Contribution of the
the Act & wages THE ESI SCHEME TODAY
Scheme No. of implemented Centres 677
Is extended in area- Drawing wages No. of Employers covered 2.38
upto Employers’ 4.75%
wise to factories lacs
using power and Rs.10,000/- per Employees’ 1.75% No. of Insured Persons 85 lacs
employing 10 or month No. of Beneficiaries 330 lacs
more persons and to engaged either No. of Regional Offices/SRO’s 26
non-power using directly or thru’ No. of ESI Hospitals/Annexes 183
manufacturing units contractor No. of ESI Dispensaries 1453
and establish-ments No. of Panel Clinics 2950
Manner and Time Limit
employing 20 or
for making Payment of contribution
more person upto Benefits
Rs.7500/- per month To the employees under the Act
The total amount of contribution (employee’s
w.e.f. 1.4.2004. It
share and employer’s share) is to be deposited
has also been Medical, sickness, extended sickness
with the authorised bank through a challan in
extend-ed upon for certain diseases, enhanced
the prescribed form in quadruplicate on ore
shops, hotels, sickness, dependents maternity,
before 21st of month following the calendar
restaurants, roads besides funeral expenses, rehabilitation
month in which the wages fall due.
motor transport allowance, medical benefit to insured
undertakings, equip- person and his or her spouse.
ment maintenance
staff in the hospitals.
Prohibition of employment of young children e.g. 14 years. A worker having worked for 240 days @
Non-adult workers to carry tokens e.g. certificate of fitnekss. one day for every 20 days and for a
Working hours for children not more than 4 ½ hrs. and not permitted to child one day for working of 15 days.
work during night shift. Accumulation of leave for 30 days.
Secs. 51, 54 to 56, 59 & 60 Secs. 79
EMPLOYMENT EXCHANGES
(COMPULSORY NOTIFICATION OF VACANCIES)
ACT, 1959 & THE RULES
CHECK LIST
Applicability
Applicabilityof
ofthe
theAct
Act WhenAct
When Actisisnot
notapplicable
applicable
Object of the Act Any employment
Any employment in in agriculture,
agriculture,
By
Bynotification
notificationininthe
theOfficial
Official horticultureetc.
horticulture etc.
To provide for the Gazette,
Gazette, appoint
appoint inin this this Anyemployment
Any employmentinindomestic
domesticservice.
service.
compulsory behalf
behalf forfor such
such State
State and
and Any employment,
Any employment, the the total
total duration
duration ofof
notification of different
different datesdates may may be be whichisisless
which lessthan
thanthree
threemonths.
months.
vacancies to appointed
appointedfor fordifferent
differentstates
states Any employment
Any employment to to do
do unskilled
unskilled office
office
employment oror for
for different
different areas
areas ofof aa work.
work.
exchanges. State.
State. Anyemployment
Any employmentconnected
connectedwithwiththe
thestaff
staff
ofParliament.
of Parliament.
Sec.33
Sec.
Notification
Notificationof
ofvacancies
vacanciesto
toEmployment
EmploymentExchanges
Exchanges Furnishing
Furnishinginformation
informationand
and
returns
returns
Before
Beforefilling
fillingup
upany
anyvacancy
vacancyas asprescribed.
prescribed.
Employer
Employer notnot obliged
obliged to
to recruit
recruit the
the person
person through
through employment
employment The
Theemployer
employerininevery
everyestablishment
establishment
exchange.
exchange. ininpublic
publicsector
sectorininthat
thatState
Stateororarea
area
To
Tonotify
notifythe
thevacancies
vacanciesto tosuch
suchemployment
employmentexchanges
exchangesasasmay
maybe
be shall
shall furnish such information orreturn
furnish such information or return
prescribed.
prescribed. asasmay
maybebeprescribed
prescribedininrelation
relationtoto
Secs.
Secs.44 vacancies
vacanciesthat
thathave
haveoccurred
occurredor orare
are
about
abouttotooccur
occurininthat
thatestablishment,
establishment,
to
to such employmentexchanges
such employment exchangesas as
may
maybe beprescribed.
prescribed.
Secs.
Secs.55
Time
Time limit
limit for
for notification
notification of
of vacancies
vacancies &
& selection
selection Submission
Submissionof ofReturns
Returns
Quarterly
QuarterlyininForm
FormER-I
ER-I
Atleast
Atleast 15
15 days
days before
before the
the applicants
applicants will
will be
be interviewed
interviewed or
or tested.
tested. BIENNIAL
BIENNIALReturn
ReturnForm
FormER-II
ER-II
Within
Within 3030 days
days by by 30
30th June,
th
June, 31
st
31st
Employer
Employer to
to furnish
furnish the
the result
result of
of selection
selection within
within 15
15 days.
days. March, 30 thth
September
March, 30 September & 31st & 31 st
Rules
Rules 55 December.
December.
Rule
Rule66
PENALTIES
An
An employer
employer contravening
contravening the the provisions
provisions of of Sec.4(1)
Sec.4(1) oror (2).
(2).
Fine
Fine upto Rs.500 for first offence and for every subsequent offence
upto Rs.500 for first offence and for every subsequent offence fine
fine Rs.1000.
Rs.1000.
IfIf any
any person
person ––
Required
Required to to furnish
furnish any
any information
information or or return
return ––
Refuses
Refuses or neglects to furnish such information
or neglects to furnish such information or or return,
return, or
or
Furnishes
Furnishes or causes to be furnished any information or
or causes to be furnished any information or return
return which
which hehe knows
knows to
to be
be false,
false, or
or
Refuses
Refuses to to answer,
answer, or or gives
gives aa false
false answer
answer to to any
any question
question necessary
necessary for
for obtaining
obtaining any
any information
information required
required to
to be
be
furnished
furnished under
under section
section 5;5; or
or
Impedes
Impedes the
the right
right of
of access
access toto relevant
relevant records
records or
or documents
documents oror the
the right
right of
of entry
entry conferred
conferred by
by section
section 6;
6; he
he shall
shall be
be
punishable
punishable for
for the
the first
first offence
offence with
with fine
fine upto
upto Rs.250
Rs.250 and
and for
for every
every subsequent
subsequent offence
offence with
with fine
fine upto
upto Rs.250
Rs.250 and
and for
for
every
every subsequent
subsequent offence
offence with
with fine
fine upto
upto Rs.500.
Rs.500. Rules
Rules
77
INDUSTRIAL DISPUTES ACT, 1947
Object
Object of
of the
the Act
Act
Provisions
Provisions for
for investigation
investigation and
and settlement
settlement of
of industrial
industrial disputes
disputes and
and for
for certain
certain other
other purposes.
purposes.
Important Clarifications Power of Labour Court to give Right of a Workman during Pendency of
Industry – has attained wider meaning than defined Appropriate Relief Proceedings in High Court
except for domestic employment, covers from Labour Court/Industrial Tribunal can Employer to pay last drawn wages to
barber shops to big steel companies. Modify the punishment of dismissal or reinstated workman when proceedings
Sec.2(I) discharge of workmen and give appropriate challenging the award of his
Works Committee–Joint Committee with equal number of relief including reinstatement. Sec.11A reinstatement are pending in the
employers and employees’ representatives for discussion of higher Courts. Sec.17B
certain common problems. Sec.3
Conciliation–is an attempt by a third party in helping to Persons Bound by Settlement
settle the disputes Sec.4 When in the course of conciliation Period of Operation of
Adjudication – Labour Court, Industrial Tribunal or proceedings etc., all persons working Settlements and
National Tribunal to hear and decide the dispute. or joining subsequently. Awards
Secs.7,7A & 7B Otherwise than in course of settlement A settlement for a period as
upon the parties to the settlement. agreed by the parties, or
Sec.18 Period of six months on signing
Lay off & Payment of Compensation – of settlement.
Conditions for Laying off An award for one year after its
Failure, refusal or inability of an employer to provide enforcement. Sec.19
work due to Notice of Change
Shortage of coal, power or raw material. 21 days by an employer to workmen Prior Permission for Lay off
Accumulation of stocks. about changing the conditions of service When there are more than 100
Breakdown of machinery. as provided in Ivth Schedule. Sec.9A workmen during proceeding 12
Natural calamity. Sec.25-C months. Sec.25-M
CHECK-LIST
PENALTIES
Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for every day on continuation of
offence.
Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day.
MATERNITY
BENEFIT ACT, 1961
CHECK LIST
Coverage of the Act Conditions for eligibility of
Object of the Act Upon all women employees either employed
To protect the dignity of benefits
directly or through contractor except domestic Women indulging temporary of
motherhood and the women employees employed in mines, factories,
dignity of a new person’s unmarried are eligible for
plantations and also in other establishments if the maternity benefit when she is
birth by providing for the State Government so decides. Therefore, if the
full and healthy expecting a child and has
State Government decides to apply this Act to worked for her employer for at
maintenance of the women employees in shops and commercial
woman and her child at least 80 days in the 12 months
establishments, they also will get the benefit of immediately proceeding the
this important time when this Act. Bihar, Punjab Haryana, West Bengal,
she is not working. date of her expected delivery
U.P., Orissa and Andhra have done so. Sec. 5.
Registration
Registrationof
oftrade
tradeUnion
Union Registration
Registrationof
oftrade
tradeUnion
Union
Minimum
Minimumrequirements
requirementsfor Cancellation
for Cancellationof
of Criminal
Criminalconspiracy
conspiracyin
intrade
trade
membership
membershipofoftrade
tradeunion registration
union registration disputes
disputes
than10%
10%, ,oror100
Not IfIfthe
thecertificate
certificatehas
hasbeen
Notless
lessthan 100ofof been No
Nooffice
officebearer
bearerorormember
memberofofaaregistered
registered
the obtained
obtained by fraudorormistake
by fraud mistakeoror
theworkmen,
workmen,whichever
whicheverisisless,
less, trade
trade union shall be liable
union shall be liable toto punishment
punishment
itithas
has ceased to exist orhas
ceased to exist or
minimumofof77, ,
subject has under
undersub subsection
section(2)
(2)ofofconspiracy
conspiracyu/s u/s120B
subjecttotoaaminimum wilfully 120B
engaged wilfullycontravened
contravenedany any ofof IPC
IPC in respect of any agreement made
in respect of any agreement
engaged or employedininan
or employed an provision made
establishments provisionofofthis
thisAct.
Act. between
between the the members
members for for the
the purpose
purpose ofof
establishmentsetc.
etc. IfIfititceases
Sec. ceases to havethe
to have therequisite
requisite furthering
furthering any such object of the Trade
any such object of the
Sec.9A9A number of members. Trade
number of members. Union.
Union.
Sec.
Sec.10 Sec.
10 Sec.1717
Disqualification
Disqualificationof
ofoffice
officebearers
bearersof
of Returns
Returns
Trade Union
Trade Union Annually
Annually toto the
the Registrar,
Registrar, on
on oror before
before such
such date
date as
as may
may bebe
prescribed, a general statement, audited in the prescribed
ageofof18
IfIfone prescribed, a general statement, audited in the prescribed
onehas
hasnot
notattained
attainedthe
theage 18years.
years. manner,
Conviction manner, ofof allall receipts
receipts and
and expenditure
expenditure ofofstevery
every registered
registered
Convictionfor
foran
anoffence
offenceinvolving
involvingmoral
moralturpitude.
turpitude. Trade Union during the year ending on the 31 stDecember.
Trade Union during the year ending on the 31 December.
Not
Notapplicable when55years
applicablewhen yearshave
haveelapsed.
elapsed. Sec.
Sec.28
28
Sec. 21-A
Sec. 21-A
Separate establishment
Computation of available surplus Components of Bonus If profit and loss accounts are
prepared and maintained in
Income tax and direct taxes as payable. Salary or wages includes respect of any such
Depreciation as per section 32 of Income dearness allowance but no department or undertaking or
Tax Act. other allowances e.g. branch, then such department
Development rebate, investment or over-time, house rent, or undertaking or branch is
development allowance. incentive or commission. treated as a separate
Sec.5 Sec.2(21) establishment.
Sec.3
A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in form A.
A register showing the set-on and set-off of the allocable surplus, under section 15, in form B
A register showing the details of the amount of bonus due to each of the employees, the deductions under
section 17 and 18 and the amount actually disbursed, in form C.
Sec.26, Rule 4
Act not applicable to certain employees of LIC, General Insurance, Dock Yards, Red Cross, Universities & Educational
Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors, etc. etc. Sec.32.
PENALTY For contravention of any provision of the Act or the Rule Upto 6 months or with fine upto Rs.1000. Sec.28
Sec.
1
PAYMENT OF Sec.
2(s)
Applicability
Applicability
GRATUITY Wages
Wages for
for
Calculation
Every
Everyfactory,
factory, ACT, 1972 & THE RULES Calculation
mine,
mine,oil oilfield,
field, @@ 1515 days’
days’ wages
wages
plantation,
plantation,port,port, for
for every
every
railways,
railways,company,
company, completed
completed year year as
as
shop,
shop,
establishment
establishmentor or
CHECKLIST ifif the
comprises
the month
comprises of
month
of 26
26
educational
educational days
days at the last
at the last
institutions
institutions drawn
drawn wages.
wages.
employing
employing10 10oror
more employees Sec.
more employees 2(e)
Employee
Employee Qualifying
Qualifyingperiod
period
Sec. All
Allemployees
employees On
Onrendering
renderingof of55
1 irrespective
irrespectiveof
of years’
years’service,
service,
status
statusororsalary
salary either
eithertermination,
termination, Rule 4
Calculation Calculation resignation
resignationor or
Calculation Calculation
Piece-rated Seasonal Entitlement
Entitlement retirement.
retirement.
Piece-rated Seasonal
On
Oncompletion
completion Display
employee
employee employee
employee Display of
of Notice
Notice
of
offive
fiveyears’
years’
service
serviceexcept
exceptinin On
@@1515days
days @@77days’
days’ On conspicuous
conspicuous
case
caseofofdeath
deathoror place
wages
wagesforfor wages
wagesforforevery
every place at at the
the main
main
disablement
disablement entrance
every
every completed
completedyear
year entrance in in English
English
completed
completed of
ofservice.
service. language
language or or the
the
year
yearon
onanan language
language
average
averageofof33 understood
understood by by
months’
months’ majority
majority of of
wages
wages employees
employees of of the
the
factory, etc.
factory, etc.
Sec.
4(3)
Rule 9
Sec.6 Maximum
Maximum
Rule 6 Ceiling
Ceiling
Mode
Modeof
of
payment Rule 9
Nomination
Nomination Rs.3,50,000
Rs.3,50,000 payment
Penalties
Penalties
To Cash
Cashor,
or,ififso
so
Tobe
beobtained
obtained Imprisonment
by
byemployer
employerafter
after
desired,
desired,by by Imprisonment for for 66
Bank
BankDraft
Draftor or months
months or or fine
fine
expiry
expiryof
ofone
one
Cheque
Cheque upto
upto Rs.10,000
Rs.10,000 forfor
year’s
year’sservice,
service,inin avoiding
avoiding to to make
make
Form
Form‘F’
‘F’ payment
payment by
by
making
making false
false state-
state-
Sec. ment
ment oror representa
representa
4(6) -tion.
-tion.
Sec.8 Forfeiture
Forfeitureof
ofGratuity
Gratuity Sec.
Rule 8 13 Imprisonment
Imprisonment not
not
Recovery
Recoveryof of On
On termination
termination of of an an Protection
Protectionof
of less than 3 months
less than 3 months
Gratuity
Gratuity employee
employee for
for moral
moral Gratuity
Gratuity and
and upto
upto one
one year
year
turpitude
turpitude or or riotous
riotous or or with
with fine
fine on
on default
default
To
Toapply
applywithin
within disorderly
disorderlybehaviour.
behaviour. Can’t
Can’tbe beattached
attached in
in comply-ing
comply-ing with
with
30
30days
daysininForm
FormII Wholly
Wholly oror partially
partially for
for wilfully
wilfully ininexecution
executionof
of the
the provisions
provisions of
of
when
whennotnotpaid
paid causing
causing loss,
loss, destruction
destruction of of any
anydecree
decree Act
Act or
or Rules.
Rules.
within
within30
30days
days property
propertyetc.
etc.
PAYMENT OF WAGES ACT, 1936
CHECKLIST
Applicability of Act Object
Objectofofthe
theAct
Act Wages to be paid in
Factory industrial Establishment To
To regulate the paymentof
regulate the payment ofwages
wagesofofcertain
certain current coins or
Tramway service or motor classes
classesof
ofemployed
employedpersons
persons currency notes
transport service engaged in All wages shall be paid in
carrying passengers or good or Time of payment of wages current coins or currency
both by road for hire or reward. The wages of every person employed be notes or in both.
Air transport service Dock, paid. After obtaining the
Wharf or Jetty Inland vessel, When less than 1000 persons are employed authorization, either by
mechanically propelled shall be paid before the expiry of the 7 th day cheque or by crediting the
Mine, quarry or oil-field of the following month. wages in employee’s bank
Plantation When more than 1000 workers, before the Account Sec. 6
Workshop or other establishment expiry of the 10th day of the following
etc. month. Sec. 5
Coverage of Employees
Drawing average wage upto
Rs.6500 pm as amended w.e.f. Deduction made from wages
Deduction for absence
6.9.05. Deductions such as, fine, deduction for
from duties for
amenities and services supplied by the
unauthorised
Fines as prescribed by employer, advances paid, over payment of
absence
Not to imposed unless the wages, loan, granted for house-building or
employer is given an opportunity to other purposes, income tax payable, in
Absence for whole or any
show cause pursuance of the order of the Court, PF
part of the day –
To record in the register
contributions, cooperative societies,
If ten or more persons
Sec.8 premium for Life Insurance, contribution to
absent without reasonable
any fund constituted by employer or a trade
cause, deduction of wages
union, recovery of losses, ESI contributions
upto 8 days.
etc.etc. Sec. 7
Deductions for service
Sec. 9
rendered Deduction for damage or loss
When accommodation amenity or
service has been accepted by the For default or negligence of an employee
employee. resulting into loss. Show cause notice has to
Sec.11 be given to the employee. Sec.10
On contravention of S.5 (except sub-sec.4), S.7, S.8 Fine not less than Rs.1000 which may extend to Rs.5000.
(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to 13. On subsequent conviction fine not less than Rs.5000, may
extend to Rs.10,000. On contravention S.4, S.5(4), S6,
S.8(8), S.10(2) or S.25 fine not less than Rs.1000. – may
extend to Rs.5000. On subsequent On conviction fine not
less.
For failing to maintain registers or records; or
Wilfully refusing or without lawful excuse neglecting to Fine which shall not be less than Rs.1000 but may
furnish information or return; or extend to Rs.5000 – On record conviction fine not less
Wilfully furnishing or causing to be furnished any than Rs.5000, may extend to Rs.10,000.
information or return which he knows to be false or For second or subsequent conviction, fine not less than
Refusing to answer or wilfully giving a false answer to Rs.5000 but may extend to Rs.10,000
any question necessary for obtaining any information
required to be furnished under this Act.
Wilfully obstructing an Inspector in the discharge of his
duties under this Act; or
Refusing or wilfully neglecting to afford an Inspector any Fine not less than Rs.1000 extendable
reasonable facility for making any entry, inspection etc. Upto Rs.5000 – On subsequent conviction fine
Wilfully refusing to produce on the demand of an not less than Rs.5000 – may extent to Rs.10,000
inspector any register or other document kept in
pursuance of this Act; or preventing any person for
appearance etc.
On conviction for any offence and again guilty of Imprisonment not less than one month extendable upto
Contravention of same provision. six months and fine not less than Rs.2000 extendable
Failing or neglecting to pay wages to any employee upto Rs.15000.
Additional fine upto Rs.100 for each day.
WORKMEN’S COMPENSATION
ACT, 1923
CHECKLIST
Coverage of Workmen Employer’s liability to pay
Applicability All workers irrespective of their status or compensation to a workman
salaries either directly or through On death or personal injury resulting into
All over India contractor or a person recruited to work total or partial disablement or
Sec.1 abroad. Sec.1(3) occupational disease caused to a
workman arising out of and during the
course of employment.
Amount of compensation
Where death of a workman results from the injury
An amount equal to fifty per cent of the monthly wages of When an employee is not liable for
the deceased workman multiplied by the relevant factor on an compensation
amount of eighty thousand rupees, whichever is more.
Where permanent total disablement results from the injury. In respect of any injury which does
An amount equal to sixty per cent of the monthly wages of result in the total or partial disablement
the injured workman multiplied by the relevant factor or an of the workman for a period exceeding
amount of ninety thousand rupees, whichever is more three days.
Procedure for calculation In respect of any injury, not resulting in
Higher the age – Lower the compensation death or permanent total disablement
Relevant factor specified in second column of Schedule IV giving caused by an accident which is directly
slabs depending upon the age of the concerned workman. attributable to-
Example : In case of death. The workman having been at the time
Wages Rs.3000 PM ● Age 23 years thereof under the influence of drink or
Factor as schedule IV Rs.19.95 drugs, or
Amount of compensation Rs.329935 Willful disobedience of the workman to
In case of total disablement Rs.395910. an order expressly given, or to a rule
Sec. 4 expressly framed, for the purpose of
securing the safety of workmen, or
Wages Notice Willful removal or disregard by the
Accident workman of any safety guard or other
When the monthly wages are device which he knew to have been
more than Rs.4000 per month As soon as provided for the purpose of securing
it will be deemed Rs.4000. Practicable the safety of workman.
Sec.4 Exh.b Sec. 10 Sec.3(a) & (b)
PENALTY
In case of default by employer 50% of the compensation amount + interest to be paid to the
Deposit of Compensation workman or his dependents as the case may be.
Within one month with the Compensation Commissioner
Sec.4A