Beruflich Dokumente
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CHECKLIST
1
CONTRACT LABOUR (REGULARATION & ABOLITION) ACT, 1970 &
THE RULES
CHECKLIST
Applicability Registration of
Every establishment in which 20 or Establishment
Object of the Act more workmen are employed or Principal employer
To regulate the were employed on any day of the employing 20 or more
employment of preceding 12 months as contract workers through the
contract labor in labor. contractor or the
certain establishments Every contractor who employs or who contractor(s) on deposit of
and to provide for its employed on any day of the required fee in Form 1
abolition in certain preceding twelve months 20 or
circumstances and for more workmen. Sec. 7
matters connected Sec. 1
therewith. Revocation of
Registration
Prohibition of Employment of Licensing of Contractor
When obtained by
Contract Labour Engaging 20 or more than
Misrepresentation or
Only by the appropriate Government 20 workers and on
suppression
through issue of notification after deposit of required fee
Of material facts etc. after
consultation with the Board (and not in Form IV.
opportunity to the
Courts) can order the prohibition of Valid for specified
principal
employment of contract labor. period.Sec.12, Rule 21
Employer
Sec. 10 Sec. 9
Revocation or Suspension & Welfare measures to be taken by the Contractor
Amendment of Licences Contract labor either one hundred or m ore em ployed by a
When obtained by misrepresentation or contractor for one or m ore canteens shall be provided and
suppression of material facts. m aintained.
Failure of the contractor to comply with First Aid facilities.
the conditions or contravention of Act Num ber of rest-room s as required under the Act.
or the Rules. Sec. Drinking water, latrines and washing facilities.
Sec. 16 & 17
14
Liability of Principal Employer
Laws, Agreement or standing To ensure provision for canteen, restroom s, sufficient supply of
orders inconsistent with the drinking water, latrines and urinals, washing facilities.
Act-Not Permissible Principal employer entitled to recover from the contractor for
Unless the privileges in the contract providing such am enities or to m ake deductions from am ount
between the parties or more favorable M uster Roll, W ages Register, Deduction Register and Overtim e Register
payable. Sec. 20
by Contractor
than the prescribed in the Act, such
Every contractor shall
contract will be invalid and the Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII
workers will continue to get m ore respectively when combined.
favorable benefits. Register or wage-cum-Muster Roll in Form XVII where the wage period is a
Sec. 20 fortnight or less.
Registers of Contractors Maintain a Register of Deductions for damage or loss, Register or Fines and
Principal em ployer Register of Avances in Form XX, from XXI and Form XXII respectively.
To m aintain a register of contractor in Maintain a Register of Overtim e in Form XXIII.
To issue wage slips in Form XIX, to the workmen at least a day prior to the
respect of every establishm ent in
disbursement of wages.
Form XII. Obtain the signature or thumb impression of the worker concerned against the
Contractor entries relating to him on the Register of wages or Muster Roll-Cum-Wages
Rule 74 Register.
To m aintain register of workers for When covered by Paym ent of Wages Act, register and records to be maintained
each registered establishm ent in Form under the rules
XIII. Muster Roll, Register of wages, Register of Deductions, Register of Overtime,
To issue an em ploym ent card to each Register of Fines, Register of Advances, Wage slip.
Rule 79
worker in Form XIV.
To display an abstract of the act and Rules in English and Hindi and in the
To issue service certificate to every language spoken by the Majority of workers in such form s as may be approved
workm an on his term ination in Form by appropriate authority
XV. Rules 75, 76 and 77 Rule 80
To display notices showing rates of wages, hours of work, wage period, dates of
payment, names and addresses of the inspector and to send copy to the
PENALTIES inspector and any change forwithwith
Rule 81
Sec. Offence Punishment
Sec. 22 Obstructions For obstructing the inspector or failing to produce registers etc.
- 3 months’ imprisonment or fine upto Rs.500, or both.
Sec.23 Violation For violation of the provisions of Act or the Rules,
imprisonment of 3
Months or fine2 upto Rs.1000. On continuing contravention,
additional fine upto Rs.100 per day
EMPLOYEES’ PROVIDENT FUNDS & MISC.
PROVISIONS ACT, 1952
& THE SCHEMES
CHECKLIST
Eligibility Applicability
Any person who is employed • Every establishment which is factory engaged in any industry
for work of an establishment specified in Schedule 1 and in which 20 or more persons are
or employed through employed.
contractor in or in connection • Any other establishment employing 20 or more persons which
with the work of an Central Government may, by notification, specify in this behalf.
establishment. • Any establishment employing even less than 20 persons can be
Payment of Contribution covered voluntarily u/s 1(4) of the Act.
• The employer shall pay the
contribution payable to the Benefits
EPF, DLI and Em ployees’ Employees covered enjoy a benefit of Social Security in the form of
Pension Fund in respect of the an unattachable and unwithdrawable (except in severely restricted
m em ber of the Em ployees’ circumstances like buying house, marriage/education, etc.) financial
Pension Fund employed by him nest egg to which employees and employers contribute equally
directly by or through a throughout the covered persons’ employment.
contractor. This sum is payable normally on retirement or death. Other Benefits
• It shall be the responsibility of include Employees’ Pension Scheme and Employees’ Deposit Linked
the principal em ployer to pay Insurance Scheme.
the contributions payable to
the EPF, DLI and Em ployees’ Rates of Contribution
Pension Fund by him self in
respect of the em ployees
SCHEM E EM PLOYEE’S EM PLOYER’S CENTRAL
directly em ployed by him and
GOVT’S
also in respect of the
Am ount > 8.33%
em ployees directly em ployed
(in case
by him and also in respect of
where
the em ployees em ployed by or
contributio
Clarification about Provident Fund n is 12% of
Contribution Schem 12% 10%) NIL
After revision in wage ceiling from e 10% (in case of
Rs.5000 toRs.6500w.e.f. 1.6.2001 certain
per month, the governm ent will Establishments
continue to contribute
1.16% upto as per details
the actual wage of m aximum given earlier)
Rs.6500 per m onth towards Insurance
Employees’ Pension Schem e. The Schem NIL 0.5 NIL
em ployer’s share in the Pension e
Schem e will be Rs.541 w.e.f.
1.6.2001.
Under Em ployees’ Deposit-Linked Damages
Insurance Schem e the contribution
@ 0.50% is required to be paid • Less than 2 months ….@ 17% per
upto a maximum limit of Rs.6500.
The employer also will pay annum
administrative charges @ 0.01%
on m axim um lim it of Rs.6500 • Two months and above but less than upto four months
whereas an exempted
establishm ent will pay inspection ….@22% per annum
charges @ 0.005% on the total
wages paid.
Notes: Penal Provision
The above clarification is given by
Liable to be arrested without warrants being a cognizable offence.
taking wages upto a m axim um of
Rs.6500 towards wage (basic+DA).
Defaults by employer in paying contributions or
Since an excluded em ployee i.e.
drawing wages more than Rs.6500
inspection/administrative charges attract imprisonment upto 3 years
can also becom e mem ber of the
Fund and the Schem es on joint
and fines upto Rs.10, 000 (S.14). For any retrospective application,
request and if, for instance, such
an em ployee is getting Rs.10, 000
all dues have to be3 paid by employer with damages upto 100% of
per month, his share towards
provident fund contribution will be
arrears.
Rs.1200 e.g. 12% and em ployer’s
EMPLOYEES’ STATE INSURANCE
ACT, 1948 & the SCHEME
Applicability of CHECK LIST
the Act &
Scheme
Is extended in Coverage THE ESI SCHEME TODAY
area-wise to Of employees Rate of No. of im plem ented Centres
677
factories using Contribution of No. of Em ployers covered2.38
power and Drawing wages the wages lacs
em ploying 10 or Upto No. of Insured Persons 85 lacs
m ore persons and Employers’ No. of Beneficiaries 330
Rs.10000/- per
to non-power
month 4.75% lacs
using Employees’ No. of Regional Offices/SRO’s
Engaged either
m anufacturing 1.75% 26
directly or thru’
units and No. of ESI Hospitals/Annexes
183
contractor
establish-m ents No. of ESI Dispensaries 1453
em ploying 20 or Manner and Time Limit No. of Panel Clinics 2950
m ore person upto For making Payment of contribution Benefits
Rs.7500/- per To the employees under the Act
m onth w.e.f. The total amount of contribution
1.4.2004. It has (employee’s share and employer’s share) Medical, sickness, extended
also been extend- is to be deposited with the authorized sickness for certain diseases,
ed upon shops, bank through a challan in the prescribed enhanced sickness, dependents
hotels, maternity, besides funeral
form in quadruplicate on ore before 21st of
restaurants, roads expenses, rehabilitation
month following the calendar month in
m otor transport allowance, medical benefit to
which the wages fall due.
undertakings, insured person and his or her
equip-m ent spouse.
m aintenance staff
in the hospitals.
WAGES FOR ESI CONTRIBUTIONS Contribution
Registers/files to be maintained by the employers period
Contributio
n period If the person joined
To be deemed as NOT to be deemed as insurance employment
wages wages for the first time, say on
1st April to 30th 5th January, his first
• Basic pay • Contribution paid by September. contribution period will
• Dearness allowance the employer to any be from 5th January to
pension/provident fund 31st March and his
• House rent allowance
or under ESI Act. 1st October to corresponding first
• City compensatory 31st March benefit will be from 5th
• Sum paid to defray
allowance October to 31st
special expenses
• Overtime wages (but entailed by the nature December.
not to be taken into of employment – Daily
account for allowance paid for the
determining the
Penalties
period spent on tour.
coverage of an
• Gratuity payable on Different punishment have been prescribed for
employee)
discharge.
• Payment for day of different types of offences in terms of Section
• Pay in lieu of notice of
rest 85: (I) (six months imprisonment and fine
retrenchment
• Production incentive compensation Rs.5000), (ii) (one year imprisonment and fine),
• Bonus other than • Benefits paid under the and 85-A: (five years imprisonment and not less
statutory bonus ESI Scheme.
• Night shift allowance to 2 years) and 85-C (2) of the ESI Act, which are
• Encashment of leave
• Heat, Gas & Dust • Payment of Inam which self explanatory. Besides these provisions,
allowance does not form part of action also can be taken under section 406 of
• Payment for the terms of
employment. the IPC in cases where an employer deducts
unsubstituted holidays
• Washing allowance for contributions from the wages of his employees
• Meal/food allowance
livery but does not pay the same to the corporation
• Suspension allowance
• Conveyance Amount
• Lay off compensation which amounts to criminal breach of trust.
FACTORIES ACT, 1948
towards
• Children education reimbursement for
4
CHECK LIST
• Prohibition of employment of young children e.g. 14 years. A worker having worked for 240
• Non-adult workers to carry tokens e.g. certificate of fitness. days @ one day for every 20 days
• Working hours for children not more than 4 ½ hrs. And not and for a child one day for working
permitted to work during night shift. of 15 days.
Secs. 51, 54 to 56, 59 & 60 Accumulation of leave for 30 days.
Secs. 79
OFFENCE PENALTIES
Sec.92 to
• For contravention of the Provisions of the Act or • Im prisonm ent upto 2 years or fine upto Rs.1,00,000 or
Rules both
• On Continuation of contravention • Rs.1000 per day
• On contravention of Chapter IV pertaining to safety • Not less than Rs.25000 in case of death.
or dangerous operations. • Not less than Rs.5000 in case of serious injuries.
• Subsequent contravention of some provisions • Imprisonment upto 3 years or fine not less than
Rs.10, 000 which may extend to Rs.2, 00,000.
• Obstructing Inspectors • Imprisonment upto 6 months or fine upto Rs.10, 000
or both.
• Wrongful disclosing result pertaining to results of • Imprisonment upto 6 months or fine upto Rs.10, 000
analysis. or both.
• For contravention of the provisions of Sec.41B, 41C • Imprisonment upto 7 years with fine upto Rs.2,
and 41H pertaining to compulsory disclosure of 00,000 and on continuation fine @ Rs.5, 000 per
information by occupier, specific responsibility of day.
occupier or right of workers to work imminent • Imprisonment of 10 years when contravention
danger. continues for one year.
EMPLOYMENT EXCHANGES
(COMPULSORY NOTIFICATION OF VACANCIES)
5
ACT, 1959 & THE RULES
CHECK LIST
When Act is not applicable
Applicability of the Any employment in agriculture,
Act horticulture etc.
Object of the Act
Any employment in domestic
By notification in the service.
To provide for the
Official Gazette, appoint Any employment, the total duration
compulsory
in this behalf for such of which is less than three
notification of
State and different dates months.
vacancies to
may be appointed for Any employment to do unskilled
employment
different states or for office work.
exchanges.
different areas of a State. Any employment connected with
the staff of Parliament.
Sec. 3
PENALTIES
Impedes the right of access to relevant records or documents or the right of entry conferred by section 6;
he shall be punishable for the first offence with fine upto Rs.250 and for every subsequent offence with
fine upto Rs.250 and for every subsequent offence with fine upto Rs.500.
Rules 7
INDUSTRIAL DISPUTES ACT, 1947
Important Clarifications
Industry– has attained wider meaning than defined
except for domestic employment, coversObject of the Act
from barber shops to big steel companies.
Provisions
Sec.2 (I) for investigation and settlement of industrial disputes and for certain other purposes.
W orks Com m ittee –Joint Committee with equal
number of employers and employees’ Power of Labour Court to give Right of a W orkm an during
representatives for discussion of certain common Pendency of Proceedings
Appropriate Relief
in High Court
problems. Sec.3 Labour Court/Industrial
6 Tribunal can
Employer to pay last drawn wages
Conciliation– is an attempt by a third party in Modify the punishment of dismissal or
to reinstated workman when
helping to settle the disputes Sec.4 discharge of workmen and give
proceedings challenging the
Adjudication– Labour Court, Industrial Tribunal or appropriate relief including
award of his reinstatement are
National Tribunal to hear and decide the dispute. reinstatement.Sec.11A
pending in the higher Courts.
Secs.7, 7A & 7B
Persons Bound by
Period of Operation of
Settlement
Settlements and
• When in the course of conciliation Awards
proceedings etc., all persons
• A settlement for a period as
working or joining subsequently.
agreed by the parties, or
• Otherwise than in course of • Period of six months on
Lay off & Payment of Compensation – settlement upon the parties to the signing of settlement.
Conditions for Laying off settlement. Sec.18
Failure, refusal or inability of an employer to • An award for one year after
provide 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 When there are more than 100
• Breakdown of machinery. service as provided in Ivth Schedule. workmen during proceeding 12
• Natural calamity. Sec.25-C Sec.9A months. Sec.25-M
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
Object of the Act
BENEFIT
CoverageACT,
of the Act 1961
CHECK LIST Upon all women em ployees either em ployed Conditions for eligibility
To protect the dignity
directly or through contractor except of benefits
of motherhood and
dom estic women em ployees em ployed in Wom en indulging tem porary
the dignity of a new
m ines, factories, plantations and also in of unm arried are eligible for
person’s birth by
other establishm ents if the State m aternity benefit when she
providing for the full
Governm ent so decides. Therefore, if the is expecting a child and has
and healthy
State Government decides
8 to apply this Act worked for her em ployer for
maintenance of the
to wom en em ployees in shops and at least 80 days in the 12
woman and her child
comm ercial establishm ents, they also will m onths im mediately
at this important time
get the benefit of this Act. Bihar, Punjab proceeding the date of her
when she is not
Haryana, West Bengal, U.P., Orissa and expected deliverySec. 5.
working.
Cash Benefits Conditions for eligibility of
Leave with average pay for six weeks before the delivery. benefits
Leave with average pay for six weeks after the delivery.
A m edical bonus of Rs.25 if the em ployer does not provide free m edical care to the Ten weeks before the date of
woman. her expected delivery, she
may ask the employer to
An additional leave with pay up to one m onth if the woman shows proof of illness due to
give her light work for a
the pregnancy, delivery, m iscarriage, or premature birth. month. At that time she
In case of m iscarriage, six weeks leave with average pay from the date of m iscarriage. should produce a certificate
Non Cash Benefits/Privilege that she is pregnant.
Light work for ten weeks (six weeks plus one month) before the date of her expected She should give written notice
delivery, if she asks for it. to the employer about seven
Two nursing breaks in the course of her daily work until the child is 15 m onths old. weeks before the date of her
No discharge or dism issal while she is on maternity leave. delivery that she will be
absent for six weeks before
No change to her disadvantage in any of the conditions of her em ployment while on
and after her delivery. She
m aternity leave. should also name the person
Pregnant wom en discharged or dism issed m ay still claim m aternity benefit from the to whom payment will be
em ployer. made in case she can not
Exception: Women dism issed for gross m isconduct lose their right under the Act fortake it herself.
Maternity Benefit She should take the payment
for the first six weeks before
Leave for illness arising out of she goes on leave.
Leave for Miscarriage
pregnancy etc. etc. She will get payment for the six
& Tubectomy Operation
A woman suffering from illness weeks after child-birth within
Leave with wages at the rate of
arising our of pregnancy, delivery, 48 hours of giving proof that
maternity benefit, for a period of she has had a child.
premature birth of child
six weeks immediately following She will be entitled to two
(Miscarriage, medical termination
the day of her miscarriage or her nursing breaks of fifteen
of pregnancy or tubectomy
medical termination of pregnancy. minutes each in the course
operation) be entitled, in addition of her daily work till her child
Entitled to leave with wages at the
to the period of absence allowed is fifteen months old.
rate of maternity benefit for a
to her leave with wages at the Her employer cannot discharge
period of two weeks immediately
rate of maternity benefit for a her or change her conditions
following the day of her tubectomy
maximum period of one month. of service while she is on
operation. maternity leave.
Sec. 10
Sec. 5.
Prohibition of dismissal during absence of pregnancy
Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a
that the notice will expire during such absence or to very her disadvantage.
Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice
expire during such absence, or to vary to her disadvantage any of the conditions of her service.
At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or me
bonus, etc.
Not barred in case of dismissal for cross m isconduct. Sec.
• 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.
Act not applicable to certain employees of LIC, General Insurance, DockYards, Red Cross, Universities
& Educational Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors,
etc. etc. Sec.32.
For contravention of any provision of the Act or Upto 6 months or with fine upto Rs.1000.
PENALTY the Rule Sec.28
On contravention of S.5 (except sub-sec.4), S.7, S.8 Fine not less than Rs.1000, which may extend to
(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to Rs.5000. On subsequent conviction fine not less
13. 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
• Willfully refusing or without lawful excuse • Fine which shall not be less than Rs.1000 but may
neglecting to furnish information or return; or extend to Rs.5000 – On record conviction fine not
• Willfully furnishing or causing to be furnished any less than Rs.5000, may extend to Rs.10, 000.
information or return which he knows to be false • For second or subsequent conviction, fine not less
or than Rs.5000 but may extend to Rs.10,000
• Refusing to answer or willfully giving a false
answer to any question necessary for obtaining
any information required to be furnished under
this Act.
• Willfully obstructing an Inspector in the discharge
of his duties under this Act; or
• Refusing or willfully neglecting to afford an Fine not less than Rs.1000 extendable
Inspector any reasonable facility for making any Upto Rs.5000 – On subsequent conviction fine
entry, inspection etc. not less than Rs.5000 – may extent to Rs.10,000
• Willfully refusing to produce on the demand of an
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
Contravention of same provision. extendable upto six months and fine not less than
When an employee is not liable
for compensation
WORKMEN’S COMPENSATION
• In respect of any injury which does
ACT, 1923
result in the total or partial
disablement of the workman for a
Amount of compensation period exceeding three days.
CHECKLIST
• Where death of a workman results from the injury • In respect of any injury, not
• An amount equal to fifty per cent of the monthly wages resulting in death or permanent
of the deceased workman multipliedCoverageby of
theWorkmen
relevant factor total disablement
Employer’s caused
liability to payby an
onApplicabilit
an amount of eighty thousand
All rupees,
workers whichever
irrespective ofistheir
more. accident which to is
compensation directly
a workman
y
• Where permanent total disablement results from
status or salaries either directly orthe On attributable to-
death or personal injury resulting
injury. through contractor or a person • into
The total
workman having
or partial been at or
disablement the
All over India
• An amount
Sec.1 equal to recruited
sixty per to
cent of the
work monthly
abroad. Sec.1wages
(3) time thereof under
occupational disease the influence
caused to a of
of the injured workman multiplied by the relevant factor or drink or drugs,
workman arisingorout of and during
an amount of ninety thousand rupees, whichever is more • Willful disobedience
the course of employment. of the
Procedure for calculation workman to an order expressly Sec.3
Higher the age – Lower the compensation given, or to a rule expressly
• Relevant factor specified in second column of Schedule IV framed, for the purpose of
giving slabs depending upon the age of the concerned securing the safety of workmen, or
workman. 15 • Willful removal or disregard by the
• Example: In case of death. workman of any safety guard or
• Wages Rs.3000 PM ● Age 23 years other device which he knew to
• Factor as schedule IV Rs.19.95 have been provided for the
• Amount of compensation Rs.329935 purpose of securing the safety of
Wages Notice
Accident
When the monthly wages
are more than Rs.4000 per As soon as
month it will be deemed Practicable
Rs.4000. Sec. 10
Sec.4 Exh.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
16