A BRIEF CHECK LIST OF

LABOUR LAWS

Obligations of Apprentice
 To learn his trade conscientiously, diligently.
 To attend practical and instructional classes regularly.
 To carry out all lawful orders.
 To carry out his contractual obligations.
Health safety & Welfare measures for Apprentices
As per Factories Act or Mines Act as the case may be Obligations of
when undergoing training. Offences &employersPunishment
Hours of work Imprisonment of a term
• To Provide the
 42 to 48 in a week while on theoretical training. Conditions for Novation of upto 6 months
apprentice or with
with
Contract of Apprenticeship fine when the employer
training (I) in
 42 in a week while on basic training.
engages as an
his trade.
 42 to 45 in a week in second year of training.
• There exists an apprenticeship apprentice a person
• To ensure that
 As per other workers (in the third year). who is not qualified for
contract. a person duly
 Not allowed to work between 10 PM to 4 AM unless
• The employer is unable to fulfil beingqualified so engaged or
Termination
approved
Industry
Apprenticeship
of
by Apprenticeship APPRENTICES
Advisor.
his Qualification
obligation. ACT, 1961
for being trained (ii)asfails
an to
placed
carry out
Apprentice
is
in
Leave and Holidays ANumber of Apprentices in the terms and
CHECKLIST
OnIndustry
the expiry
Contract
Casual
means
of
Object
leave offor any
the industry,
period
Apprenticeship
ofthe
the Actof
maximum
or • The person
period of 12 days in
cannot
approval beof
a year.of the
Designated
Applicability
trade unless
an apprentice
Trade
the in charge
any
conditions
designated
of the
of a to
business
Payment
Apprenticeship or in which
to terms any
Apprentices
training. trade, Apprenticeship Advisor Apprenticeship
Employer’s
is liability
training of the
To contain
Promotion such
of new and
manpower at Todays
benot
determined
thethanby
TheMedical
On occupation
employer
the
leave
application
conditions as to for
orpay
may
the maximum
subject/field
by
be such
either
agreedstipend
of in atperiodobtained.
of 15
He is and
Act
more 14The
years ofpay contract
Advisor
age;compensation
apprentice.
of
skills. Improvement/refinement
accumulated leave upto 40 of Central
days in a year. Areas andGovernment
industries asafter of Central
apprenticeship, or (iii)
Apprenticeship
engineering
athe
rate
to ofthe
parties
by to or
thetechnology
notapprentice,
less than the
contract
or toor any
prescribed
his He satisfies such standard
• Agreement must be education
• for
To injury
carrytheout
old
minimum skills
Extraordinary through theoretical
leave upto and
a maximum period consulting
of physical
notified10bydays the
in Central
thefitness
Central contravenes
Advisor – when
vocational
the course
rate
Apprenticeship
guardian (in as may
may
case he be
be
Advisor
is aspecified
specified. And as
registered Council
with the As per provisions
contractual of
a practical
year. training in number of Apprenticeship
Government provisions
appointed of3Central
by the Act
minor)as a designated
andand employers. trade
Sec. 6 Sec. 6 May be prescribed.
Apprenticeship Sec.8 Sec.
Workmen’s
obligations.
trades occupation Sec. 15Sec. 1 relating to the number
Government.
Sec. 2(k) Compensation Act.
 Period of
Apprentic
eship
Training to be
Determined by
the

CONTRACT LABOUR (REGULARATION & ABOLITION) ACT, 1970

Object of the Act Applicability
To regulate the & THE RULES
Every establishment in which 20 or Registration of
CHECKLIST
employment of
contract labour in
more workmen are employed or
were employed on any day of the
Establishment
Principal employer
certain establishments preceding 12 months as contract employing 20 or more
and to provide for its labour. workers through the
abolition in certain Every contractor who employs or who contractor or the
circumstances and for employed on any day of the contractor(s) on deposit of
matters connected preceding twelve months 20 or required fee in Form 1
therewith. more workmen.
Sec. 1 Sec. 7
 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 labour. 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 labour either one hundred or m ore employed 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 M uster Roll, W ages Register, Deduction Register and Overtim e Register
payable. Sec. 20
by Contractor
favourable than the prescribed in the
Every contractor shall
Act, such contract will be invalid and Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII
the workers will continue to get m ore respectively when combined.
favourable 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 fine upto Rs.1000. On continuing contravention,
EMPLOYEES’ PROVIDENT FUNDS & MISC. PROVISIONS ACT,
additional fine upto Rs.100 per day
1952
& THE SCHEMES
CHECKLIST
Applicability
Eligibility • Every establishment which is factory engaged in any industry
Any person who is employed specified in Schedule 1 and in which 20 or more persons are
for work of an establishment employed.
or employed through • Any other establishment employing 20 or more persons which
contractor in or in connection Central Government may, by notification, specify in this behalf.
with the work of an • Any establishment employing even less than 20 persons can be
establishment.
 Payment of Contribution
• 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:
Applicability of Penal Provision
The the
aboveActclarification
& is given by
Liable to be arrested without warrant being a cognisable offence.
taking wages upto a m axim um of
Scheme
Rs.6500
Is towards wage
extended in (basic+DA).
Defaults by employer in paying contributions or
Since an excluded
area-wise to em ployee i.e.
drawing
factorieswagesusing
more than Rs.6500
inspection/administrative charges attract imprisonment upto 3 years
can also becomand
power e mem ber of the
Fund and the
em ploying 10 Schem
or es on joint
and fines upto Rs.10,000 (S.14). For any retrospective application, all
request and if, and
m ore persons for instance, such
an
to emEMPLOYEES’
ployee STATE
is getting Rs.10,000
non-power duesINSURANCEACT,
have to be paid by employer1948 & the
with damages uptoSCHEME
100% of
per
usingmonth, his share towards
provident fund contribution will be
m anufacturing CHECK LIST
arrears.
Rs.1200
units e.g. 12%and and em ployer’s
establish-m ents
THE ESI SCHEME TODAY
em ploying 20 or Coverage No. of im plem ented Centres
677
m ore person upto of employees Rate of
Contribution of No. of Em ployers covered2.38
Rs.7500/- per
the wages lacs
m onth w.e.f. Drawing wages No. of Insured Persons 85 lacs
1.4.2004. It has upto
Employers’ No. of Beneficiaries 330
also been extend- Rs.10000/- per lacs
ed upon shops, month 4.75% No. of Regional Offices/SRO’s
hotels, engaged either Employees’ 26
restaurants, roads directly or thru’ 1.75% No. of ESI Hospitals/Annexes
183
m otor transport contractor No. of ESI Dispensaries 1453
undertakings,
No. of Panel Clinics 2950
 in the hospitals.

Manner and Time Limit

for making Payment of contribution Benefits
To the employees under the Act
The total amount of contribution
(employee’s share and employer’s share) Medical, sickness, extended
is to be deposited with the authorised sickness for certain diseases,
bank through a challan in the prescribed enhanced sickness, dependents
form in quadruplicate on ore before 21st of maternity, besides funeral
month following the calendar month in expenses, rehabilitation
which the wages fall due. allowance, medical benefit to
insured person and his or her
spouse.

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 kthe 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 • Sum paid to defray 31st March benefit will be from 5th
allowance special expenses October to 31st
• Overtime wages (but entailed by the nature December.
not to be taken into of employment – Daily
account for allowance paid for the
determining the period spent on tour.
Penalties
coverage of an • Gratuity payable on
employee) Different punishment have been prescribed for
discharge.
• Payment for day of different types of offences in terms of Section
• Pay in lieu of notice of
rest retrenchment 85: (I) (six months imprisonment and fine
• 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 • Encashment of leave to 2 years) and 85-C(2) of the ESI Act, which are

• 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.
towards
• Children education reimbursement for
FACTORIES ACT, 1948
CHECK LIST

Employer to ensure health of Registration &

Applicability of the Act
workers pertaining to Renewal of
Any prem ises whereon 10 or
• Cleanliness Disposal of wastes Factories
m ore persons with the aid of
and effluents
power or 20 or more workers
• Ventilation and temperature To be granted by Chief
are/were without aid of
dust and fume Inspector of Factories
power working on any dayd
• Overcrowding Artificial on submission of
preceding 12 m onths,
humidification Lighting prescribed form, fee
wherein Manufactur-ing
• Drinking water Spittons. and plan.
process is being carried on.
Secs. 11 to 20 Secs. 6
Sec.2(ii)
 Safety Measures • Self-acting machines.
Welfare Measures
• Casing of new machinery.
• Facing of machinery • Prohibition of employment of
• Washing facilities
• Work on near machinery in motion. women and children near
cotton-openers. • Facilities for storing and
• Employment prohibition of young
drying clothing
persons on dangerous machines. • Hoists and lifts.
• Facilities for sitting
• Striking gear and devices for cutting off
power. • First-aid appliances – one first
aid box not less than one for
every 150 workers.
Working Hours, Spread Over & Overtime of Adults • Canteens when there are 250
Weekly hours not more than 48. or more workers.
Daily hours, not more than 9 hours. • Shelters, rest rooms and lunch
Intervals for rest at least ½ hour on working for 5 hours. rooms when there are 150 or
Spreadover not more than 10½ hours. more workers.
Overlapping shifts prohibited. • Creches when there are 30 or
Extra wages for overtime double than normal rate of wages. more women workers.
Restrictions on employment of women before 6AM and beyond 7
• Welfare office when there are
PM.
500 or more workers.
Secs. 51, 54 to 56, 59 & 60

Employment of Young Persons Annual Leave with Wages

• 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 fitnekss. 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
• For contravention of the Provisions of the Act or
Rules
• On Continuation of contravention
• On contravention of Chapter IV pertaining to safety
or dangerous operations.
• Subsequent contravention of some provisions
• Obstructing Inspectors
• Wrongful disclosing result pertaining to results of
analysis.
• For contravention of the provisions of Sec.41B, 41C
and 41H pertaining to compulsory disclosure of
information by occupier, specific responsibility of
occupier or right of workers to work imminent
danger.
PENALTIES
Sec.92 to
• Im prisonm ent upto 2 years or fine upto Rs.1,00,000 or
both
• Rs.1000 per day
• Not less than Rs.25000 in case of death.
• Not less than Rs.5000 in case of serious injuries.
• Imprisonment upto 3 years or fine not less than
Rs.10,000 which may extend to Rs.2,00,000.
• Imprisonment upto 6 months or fine upto Rs.10,000
or both.
• Imprisonment upto 6 months or fine upto Rs.10,000
or both.
• Imprisonment upto 7 years with fine upto
Rs.2,00,000 and on continuation fine @ Rs.5,000
per day.
• Imprisonment of 10 years when contravention
continues for one year.

EMPLOYMENT EXCHANGES
(COMPULSORY NOTIFICATION OF VACANCIES)
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
 Furnishing information and
returns

Notification of vacancies to Employment Exchanges The employer in every

establishment in public sector in
Before filling up any vacancy as prescribed. that State or area shall furnish
Employer not obliged to recruit the person through such information or return as may
employment exchange. be prescribed in relation to
To notify the vacancies to such employment exchanges as vacancies that have occurred or
may be prescribed. are about to occur in that
Secs. 4 establishment, to such
employment exchanges as may
be prescribed.
Secs. 5

Time limit for notification of vacancies & selection

Submission of Returns
Atleast 15 days before the applicants will be interviewed or Quarterly in Form ER-I
tested. BIENNIAL Return Form ER-II
Within 30 days by 30th June, 31st
Employer to furnish the result of selection within 15 days. March, 30th September & 31st
Rules December.
5 Rule 6

PENALTIES

An employer contravening the provisions of Sec.4(1) or (2).

Fine upto Rs.500 for first offence and for every subsequent offence fine Rs.1000.
If any person –
Required to furnish any information or return –
Refuses or neglects to furnish such information or return, or
Furnishes or causes to be furnished any information or return which he knows to be false, or
Refuses to answer, or gives a false answer to any question necessary for obtaining any information
required to be furnished under section 5; or

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

Object of the Act
Provisions for investigation and settlement of industrial disputes and for certain other purposes.

Important Clarifications Power of Labour Court to give Right of a W orkm an during

Industry– has attained wider meaning than defined Appropriate Relief Pendency of Proceedings
except for domestic employment, covers Labour Court/Industrial Tribunal can in High Court
from barber shops to big steel companies. Modify the punishment of dismissal or Employer to pay last drawn wages
Sec.2(I) discharge of workmen and give to reinstated workman when
W orks Com m ittee –Joint Committee with equal appropriate relief including proceedings challenging the
number of employers and employees’ reinstatement.Sec.11A award of his reinstatement are
representatives for discussion of certain common pending in the higher Courts.
problems. Sec.3 Persons Bound by Period of Operation of
Conciliation– is an attempt by a third party in Settlement Settlements and
helping to settle the disputes Sec.4 • When in the course of conciliation Awards
Adjudication– Labour Court, Industrial Tribunal or proceedings etc., all persons • A settlement for a period as
National Tribunal to hear and decide the dispute. working or joining subsequently. agreed by the parties, or
Secs.7,7A & 7B • Period of six months on
• Otherwise than in course of
settlement upon the parties to the signing of settlement.
settlement. Sec.18 • An award for one year after
 Lay off & Payment of Compensation –
Conditions for Laying off
Failure, refusal or inability of an employer to
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

Lay off Compensation Prohibition of Strikes & Lock Outs

Payment of wages except for
intervening weekly holiday
compensation 50% of total or
basic wages and DA for a
period of lay off upto
maximum 45 days in a year.
Sec.25-C
Prior Permission by the
Government for
Retrenchment
• When there are more than 100
(in UP 300 or more) workmen
during preceding 12 months.
• Three months’ notice or wages
thereto.
• Form QA
• Compensation @ 15 days’
Prohibition of unfair labour
practice either by
employer or workman
or a trade union as
stipulated in fifth
schedule
Both the employer and the Union
Closure of an Undertaking
60 days’ notice to the
authorities for intended closure in Form
QA. Sec.25FFA
Prior permission atleast 90 days before
in Form O by the Government when
there are 100 ore more workmen
during preceding 12 months (in UP 300
or more workmen) Sec.25-O
• Without giving to the employer notice of strike, • During
as the pendency of proceedings before a Labour
hereinafter provided, within six weeks before striking.
Court, Tribunal or National
• Within fourteen days of giving such notice. • Tribunal and two months, after the conclusion of such
• Before the expiry of the date of strike specified inproceedings.
any
such notice as aforesaid. • During the pendency of arbitration proceedings before an
• During the pendency of any conciliation proceedings arbitrator and two months after the conclusion of such
before a conciliation officer and seven days afterproceedings,
the where a notification has been issued under
conclusion of such proceedings. Sub-Section(3A) of section 10A
• During the pendency of conciliation proceedings During any period in which a settlement or award is in
before a Board and seven days after the conclusion operation, in respect of any of the matters covered by the
of such proceedings. settlement or award. Secs.22&23
Conditions of service etc. to remain unchanged under certain circum stances during pendency of
proceedings
• Not to alter to the prejudice of workmen concerned the condition of service.
• To seek Express permission of the concerned authority by paying one month’s wages on
dismissal, discharge or punish a protected workman connected with the dispute.
• To seek approval of the authority by paying one month’s wages before altering condition o
service, dismissing or discharging or punishing a workman.
Sec.33
Retrenchment of Workmen Compensation & Conditions
Workman must have worked for 240 days.
• Retrenchment compensation @ 15 days’ wages for every completed year to be calculated at last
drawn wages
• One month’s notice or wages in lieu thereof.
• Reasons for retrenchment
• Complying with principle of ‘last come first go’.
labour • Sending Form P to Labour Authorities.
Conditions of service etc. to remain unchanged under certain circum stances during pendency of
proceedings
• Not to alter to the prejudice of workmen concerned the condition of service.
• To seek Express permission of the concerned authority by paying one month’s wages on dismissal,
discharge or punish a protected workman connected with the dispute.
• To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing
or discharging or punishing a workman.
Sec.33

PENALTIES <Punishment
Sec.25-U
Offence Imprisonment of upto 6 months or with fine upto Rs.3,000.
26 Committing unfair labour practices Imprisonment upto one month or with fine upto Rs.50(Rs.1000 for lock-
27
28
Matters
Illegal strike and lock-ourtstoout)
be orprovided
with both.
Imprisonment
in Standing orders
upto 6 months or with fine upto Rs.1,000
Instigation etc. for illegal strikeof
Classification orworkmen,
lock-outs. e.g., whether permanent, temporary,
29 Giving financial aid to probationers,
illegal strikes and lock-outs. Imprisonment for 6 months or with fine uptoapprentices,
Rs.1,000
30 or badlis. Imprisonment upto 6 months or with fine.On continuity of offence fine
Breach of settlement or award
31A INDUSTRIAL EMPLOYMENT
Manner of intimating to workmen
Disclosing confidential information pertaining to Sec.21
periods
uptoRs.200 per dayand hours of work, holidays, pay-
daysnotice
and wage
underrates.
Sec.25 FFAImprisonment upto 6 months or with fine upto Rs.1,000
(STANDING ORDERS) ACT, 1946 & THE RULES
Closure without 60 days’
change of conditions Imprisonment
Shifttoworking.
Contravention of Sec.33 pertaining of upto 6 months or with fine upto Rs.5,000
Applicability of
31
the Act
CHECK-LIST
Attendance and late
Service during pendency of dispute etc. Imprisonment
coming. upto 6 months or fine upto Rs.1,000. Fine upto Rs.100
When no penallyConditions of, contravention
is provided for procedure in applying for, and the authority which may grant,
Every industrial leave and holidays.
establishment Requirement to enter premises by certain gates, and liability to search.
wherein 100 or Closing and re-opening of sections of the industrial establishments, and
more (in many temporary stoppages of work and the right and liabilities of the employer and
States it is 50 or workmen arising therefrom.
more). Termination of employment, and the notice thereof to be given by employer
Any industry and workmen.
covered by Suspension or dismissal for misconduct, and acts or omissions which
Bombay Industrial constitute misconduct.
Relations Act, Means of redressal for workmen against unfair treatment or wrongful
1946. exactions by the employer or his agents or servants.
Industrial
establishment
Additional Matters
covered by M.P. Service Record – Matters relating to service card, token tickets, certification
Industrial of service, change of residential address of workers and record of age
Employment Confirmation Age of retirement Transfer Medical aid in case of Accident
(Standing Orders) Medical Examination Secrecy Exclusive service.
Act, 1961. Secs.2(g), 3(2) and Rule 2A
Sec. 1
 Conditions for
Certification of
Standing Orders
Every matter to be
set out as per
Schedule and Rule
2A.
The standing orders Procedure for Date of Posting of Standing
to be in Certification of Operation of Orders
conformity with Standing Orders Standing
the provisions of Certifying Officer to Orders The text of the
the Act. forward a copy of draft standing orders as
standing orders to the On the date of finally certified shall
trade union or in the expiry of 30 days prominently be posted
Submissions of absence of union, to the from certification in English or in the
Draft Standing workmen of the industry. or on the expiry language understood
Orders The trade union or the of 7 days from by majority of workmen
other representatives, as authentication of on special board at or
Within six months the case may be, are to Standing Orders. near the entrance for
from the date when be heard. majority of workers.
the Act becomes Sec.5 Sec. 7 Sec. 9
applicable to an
industrial Temporary Payment of Subsistence Allowance to the
establishment. Five application of Model Suspended Workers
copies of the draft Standing Orders At the rate of fifty per cent, of the wages which the
Standing Orders are Temporary application workm an was entitled to imm ediately proceeding the
to be submitted to of mod standing orders date of such suspension, for the first ninety days of
the Certifying shall be deemed to be suspension.
Officer under the adopted till the At the rate of seventy-five percent of such wages for
Act. standing orders as the rem aining period of suspension if the delay in the
submitted are certified. com pletion of disciplinary proceedings against such
Sec.3 Sec.12-A workm an is not directly attributable to the conduct
such workm an.Sec.10-A
Conditions for eligibility of
PENALTIES benefits

Ten weeks before the date of

• Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for everydelivery,
her expected day onshe
continuation of offence. may ask the employer to
• Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day.
give her light work for a
month. At that time she
should produce a certificate
MATERNITY that she is pregnant.
She should give written notice
BENEFIT ACT, 1961 to the employer about seven
weeks before the date of her
CHECK LIST delivery that she will be
Coverage of the Act absent for six weeks before
Object of the Act
Upon all women em ployees either em ployed Conditions
and after her for eligibility
delivery. She
To protect the dignity
Cashdirectly
Benefitsor through contractor except of benefits
should also name the person
of motherhood and to whom paymenttem will be
Leave with average pay for six weeks dombefore the women
estic delivery.em ployees em ployed in Wom en indulging porary
the dignity of a new made
Leave with average pay for six weeks m after
ines,thefactories,
delivery. plantations and also in of unmin caseare
arried sheeligible
can not for
person’s birth by
A m edical bonus of Rs.25 if the em ployer
other does not provide
establishm ents free
if m edical
the care mtake
Stateto the it herself.
aternity benefit when she
providing for the full She should take the payment
woman. Governm ent so decides. Therefore, if the isforexpecting a child and has
and healthy the first six weeks before
An additional leave with pay up to oneState
m onth if the woman
Government showstoproof
decides of this
apply illness
Actdue to
worked
she goesfor on her em ployer for
leave.
maintenance of the
the pregnancy, delivery, m iscarriage,to or wom
premature
en em birth.
ployees in shops and She at will
leastget 80 days for
payment in the
thesix12
woman and her child
In case of m iscarriage, six weeks leavecomm
with ercial
average pay froments,
establishm the date
theyof also
m iscarriage.
will mweeks
onthsafter child-birth
im mediately
within
at this important time
Non Cash Benefits/Privilege
get the benefit of this Act. Bihar, Punjab proceeding the date
48 hours of giving proofofthat
her
when she is not she has had a child.
Light work for ten weeks (six weeks plus one month)
Haryana, West before
Bengal,the dateOrissa
U.P., of her and
expected
expected deliverySec. 5.
working. She will be entitled to two
delivery, if she asks for it. Andhra have done so.
Two nursing breaks in the course of her daily work until the child is 15 m onths old. nursing breaks of fifteen
minutes each in the course
No discharge or dism issal while she is on maternity leave.
of her daily work till her child
No change to her disadvantage in any of the conditions of her em ployment while on is fifteen months old.
m aternity leave. Her employer cannot discharge
Pregnant wom en discharged or dism issed m ay still claim m aternity benefit from the her or change her conditions
em ployer. of service while she is on
Exception: Wom en dism issed for gross m isconduct lose their right under the Act formaternity leave.
Maternity Benefit Sec. 5.
 Leave for illness arising out of
Leave for Miscarriage
pregnancy etc. etc.
& Tubectomy Operation
A woman suffering from illness
Leave with wages at the rate of
arising our of pregnancy, delivery,
maternity benefit, for a period of
premature birth of child
six weeks immediately following
(Miscarriage, medical termination
the day of her miscarriage or her
of pregnancy or tubectomy
medical termination of pregnancy.
operation) be entitled, in addition
Entitled to leave with wages at the
to the period of absence allowed
rate of maternity benefit for a
to her leave with wages at the
period of two weeks immediately
rate of maternity benefit for a
following the day of her tubectomy
maximum period of one month.
operation.
Sec. 10

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.

Forfeiture of maternity benefit

If permitted by her employer to absent herself under the provisions of section 6 for
Failure to Display
any period during such authorized absence, she shall forfeit her claim to the
Extract of Act
maternity benefit for such period.
Imprisonment may
For discharging or dismissing such a woman during or on account of her absence
extend to one year
from work, the employer shall be punishable with imprisonment which shall not be
or fine.
less than 3 months, but it will extend to one year and will find, but not exceeding
Rs.5,000. Sec. 18
MINIMUM WAGES ACT, 1948

CHECK LIST
Object of the Act Fixation of Minimum Rates of Wages
To provide for fixing • The appropriate government to fix minimum rates of wages. The
minimum rates of employees employed in para 1 or B of Schedule either at 2 or either part of
wages in certain notification u/s 27.
employments • To make review at such intervals not exceeding five years the minimum
rates or so fixed and revised the minimum rates.
Fixing Hours
Minimum Ratesforof Government can also fix Minimum Wages for
Normal Working
Wages • Time work • Piece work at piece rate • Piece work for the purpose of
Such as Basic rates of
•wages
Shall etc.
constitute a securing to such employees on a time work basis • Overtime work done by
Variable DA
normal working day employees
Overtime for piece work or time rate workers.
and Value of other
inclusive of
concessions etc.one
Sec. or
4 Procedure for fixing
To be fixed by the hour, by Composition of Payment of
more specified andday
the revising
or by Minimum
such a longer Committee Minimum
intervals. Rates of works
wage-period Wageson any Representation of Rates of
• To provide for a day Appointing
day Committee
in excess of the num ber em ployer and Wages
of rest in every issue of Notification
of hours constituting etc.normal em ployee in schedule Employer to pay to
period of seven days Sec.
working5 day. em ployer in equal every employee
with remuneration. Payment for every hour or for number and engated in schedule
employment at a rate
• To provide for part of an hour so worked in independent persons rd not less than minimum
payment for work on excess at the overtime rate not exceeding 1/3 or rates of wages as fixed
a day of rest at a rate double of the ordinary rate of its total num ber one by Notification by not
not less than the (1½ tim es or for agriculture such person to be making deduction
labour) Sec. appointed by the other than prescribed.
overtime rate.. Sec. Sec.12
5 Chairm an.
13
 W ages of workers w ho works for less than
normal working days
Save as otherwise hereinafter provided, be
entitled to receive wages in respect of work done
by him on that day as if he had worked for a full
norm al working day.
Sec.15

W ages for two class of work M aintenance of registers and records

Where an em ployee does two or more •
Register ofFines – Form I Rule 21(4)
classes of work to each of which a •
AnnualReturns– Form III Rule 21 (4-A)
different minimum rate of wages is
•
Register forOvertim e– Form IV Rule 25
applicable, wages at not less than the
m inimum rate in respect of each such •
Register ofW ages–Form X,W ages slip –Form XI,Muster Roll –Form V
class. Sec. 16 Rule 26
• Representation of register – for three year Rule 26-A
M inimum tim e rate wages for piece Claim s by employees
work • To be filed by before authority constituted under the Act within 6
Not less than minimum rates wages months.
as fixed . • Compensation upto 10 times on under or non-payment of wages

PENALITIES Offence Punishment

For paying less than minimum Imprisonment upto 6 months
rates of wages or with fine upto Rs.500/-

Sec. 20 For contravention of any Imprisonment upto 6 months

provisions pertaining to fixing or with fine upto Rs.500/-
hours for normal working day etc.

SALES PROMOTION EMPLOYEES (CONDITIONS

OF SERVICE) ACT, 1976 & THE RULES
CHECKLIST

Object of the Act

To regulate certain conditions of service of sales promotion employees in certain establishments.

Applicability of the Act Leave Maximum limit upto

• Earned leave and cash which earned leave
Whole of India with effect compensation on earned leave not • Can be accumulated 180
from 6.3.1976 availed of. days of which the
• On full wages for not less than 1/11th employee can avail
of the period spent on duty. himself 90 days at a time.
Applicability of other • Leave on medical Certificate • Encashment of leave 120
Acts • On one-half of the waves for not days.
less than 1/18th of the period of Sec.14
• Workmen’s
Compensation Act, 1923 service.
• Industrial Disputes Act, • Cashable on voluntary Issue of Appointment
1947 relinquishment or termination other Letter in Form A
• Minimum Wages Act, • Within three months
1948 Number of holidays in a year
from the commencement
• Maternity Benefit Act, 10 in calendar year of the Act and in other
1961 Rule 4 case on appointment.
Sec.5 Rule 22
 Maintenance of register
• A register of sales Compensatory holidays
promotion employees in Within 30 days of the day when he Wages for holidays
Form B. was required to work. To be entitled for wages on
Rule 5 all holidays as if he was on
• Service Books for every
employee in Form C duty.
Application for leave Rule 6
• A register of service
books in Form D When other than casual leave, not less
than one month before Recording of reason for
• Leave account of each refusal or
employee in Form E. commencement of leave except for
urgent or unforeseen circumstances. postponement of
Sec. 7 Rule 23 leave.
Rule 9
Wages for weekly day of Rule 10
rest
Entitled to wages on weekly Holidays intervening during the Medical leave
days of rest as if he period of leave
was on duty. Except casual leave grantged or day of On production of medical
Rule 7 weekly rest, other holidays shall certificate.
be part of leave. Rule 15
Affixing of holidays to Rule 12
leave
Premixing or suffixing of
any leave not Extraordinary leave Casual leave

At the discretion of the employer 15 days in a calendar year.

Quarantine leave
Rule 17 Rule 15
Upto 30 days on the
recommendations of
authorised medical PENALTY
attendant or Public On contravention of provisions relating to ‘Leave’ Issue of Appointment Letter
Health Officer. or Maintenance of Registers fine upto Rs.1000
Sec. 9

TRADE UNIONS ACT, 1926

CHECKLIST

Object of the Act

To provide for the registration of Trade Union and in certain respects
to define the law relating to registered Trade Unions

Registration of trade Union

Registration of trade Union
Any 7 or more members of a trade union may, by
subscribing their names to the rules of the trade union Prescribed form with following details.
and its compliance.
Names, occupations and address of the
There should be at least 10%, or 100 of the work-men, members’ place of work.
whichever is less, engaged or employed in the Address of its head office; and
establishment or industry with which it is connected.
Names, ages, addresses and occupations of
It has on the date of making application not less than 7 its office bearers.
persons as its members, who are workmenCancellation
engaged or of
Minimum
employedrequirements for
in the establishment or industry with registration
which it Criminal conspiracy in trade Sec. 5
ismembership
connected. of trade disputes
union
If the certificate has been
obtained by fraud or No office bearer or member of a
Not less than 10%, or 100 mistake or it has ceased to registered trade union shall be liable to
of the workmen, whichever is exist or has wilfully punishment under sub section (2) of
less, contravened any provision conspiracy u/s 120B of IPC in respect of
subject to a minimum of 7, of this Act. any agreement made between the
engaged or employed in an If it ceases to have the members for the purpose of furthering
establishments etc. requisite number of any such object of the Trade Union.
Sec. 9A members. Sec. 17
Sec. 10
 Disqualification of office bearers
of Trade Union
If one has not attained the age of 18 years.
Conviction for an offence involving moral
turpitude.
Not applicable when 5 years have elapsed.
Sec. 21-A
Returns
Annually to the Registrar, on or before such date as may
be prescribed, a general statement, audited in the
prescribed manner, of all receipts and expenditure of
every registered Trade Union during the year ending on
st
the 31 December.
Sec. 28

Penalties Offence Punishment

• For making false entry in or • Fine upto Rs.500. On

any omission in general continuing default, additional
statement required for fault, Rs.5 for each week (not
U/s 31 sending returns. exceeding Rs.50).

• For making false entry in the • Fine upto Rs.500.

form.

PAYMENT
U/s 32 OF BONUS ACT, 1965 & THE
• Supplying false information
regarding Trade Union
• Fine upto Rs.200.

RULES
CHECKLIST

PAYMENT OF BONUS ACY, 1965

CHECKLIST
Applicability of Act Establishment
Every factory where in 10 or more persons are
employed with the aid of power or Establishment includes
Departments,
An establishment in which 20 or more persons are
undertakings and
employed without the aid of power on any day during
branches, etc.
an accounting year
Separate establishment

Computation of available surplus Components of If profit and loss accounts

Bonus are prepared and
Income tax and direct taxes as maintained in respect of
payable. Salary or wages any such department or
Depreciation as per section 32 of includes dearness undertaking or branch,
Income Tax Act. allowance but no other then such department or
Development rebate, investment or allowances e.g. over- undertaking or branch is
development allowance. time, house rent, treated as a separate
Sec.5 incentive or establishment.
Disqualification & Deduction of Bonus
Sec.3
On dismissal of an employee for Computation of gross
• Fraud; or profit
• riotous or violent behaviour while on the premises of the For banking company, as
establishment; or per First Schedule.
• theft, misappropriation or sabotage of any property of the Others, as per
establishment or Second Schedule
• Misconduct of causing financial loss to the Employer to the Sec.4
extent that bonus can be deducted for that year.
Secs. 9 & 18.
 Eligible Employees

Employees drawing wages

upto Rs.3500 per month or
Eligibility of Bonus Payment of Minimum Bonus less.
8.33% of the salary or For calculation
An employee will be entitled Rs.100 (on completion of 5 purposes Rs.2500
only when he has worked years after 1st Accounting year per month
for 30 working days in that even if there is no profit) maximum will be
year. Sec.10 taken even if an
Sec. 8 Sec. 8 employee is
drawing upto
Rs.3500 per month.
Time Limit for Set-off and
Sec.12
Payment of Bonus Set-on
Note: The proposal to
Within 8 months from the As per Schedule IV.
enhance the existing
close of accounting y ear. Sec. 15
ceiling of Rs.3500 is under
Sec. 19
active consideration by
Maintenance of Registers and Records etc.

• 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, Dock Yards, 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

Sec. PAYMENT OF Sec.

1 GRATUITY 2(s)

Applicability ACT, 1972 & THE RULES

Wages for
Every factory, Calculation
mine, oil field, CHECKLIST
plantation, port, @ 15 days’
railways, wages for every
company, shop, completed year
establishment or Sec. as if the month
educational 2(e) comprises of 26
institutions days at the last
Employee
employing 10 or drawn wages.
more employees
All employees
Sec. Qualifying
irrespective of
1 period
status or
salary Rule
Calculation On rendering of 4
Piece- 5 years’ service,
Calculation Entitlement
rated either
Seasonal On completion Display of
employee termination,
employee of five years’ Notice
resignation or
service except
@ 15 days retirement.
@ 7 days’ in case of On conspicuous
wages for death or
wages for place at the main
every disablement
every entrance in
completed
completed English language
year on an
year of or the language
average of 3
service. understood by
months’
majority of
wages
employees of the
factory, etc.
 Sec.
4(3)
Rule
Sec.6 9
Rule 6 Maximum
Ceiling
Nomination Rule
Mode of
Rs.3,50,00 9
payment
To be obtained 0
by employer Cash or, if so Penalties
after expiry of desired, by
one year’s Bank Draft or Imprisonment for
service, in Cheque 6 months or fine
Form ‘F’ upto Rs.10,000
for avoiding to
Sec. make payment
4(6) by making false
Sec.8 Sec. state-ment or
Forfeiture of Gratuity
Rule 8 13 representa -tion.
On termination of an
Recovery of Imprisonment not
employee for moral Protection of
Gratuity less than 3
turpitude or riotous or Gratuity
disorderly behaviour. months and upto
To apply within one year with
Wholly or partially for Can’t be
30 days in fine on default in
wilfully causing loss, attached in
Form I when comply-ing with
destruction of property execution of
not paid within the provisions of
etc. any decree
30 days Act or Rules.

PAYMENT OF WAGES ACT, 1936

CHECKLIST
Applicability of Act
• Factory industrial
Establishment
X• Tramway service or motor
transport service engaged in
carrying passengers or good
or both by road for hire or
reward. • Air transport
service Dock, Wharf or Jetty
• Inland vessel, mechanically
propelled
• Mine, quarry or oil-field
Plantationof Employees
Coverage
Drawing average wage upto
Rs.6500 pm as amended w.e.f.
6.9.05.
Fines as prescribed by
•Not to imposed unless the
employer is given an
opportunity to show cause
To record in the register
Sec.8
Deductions for service
rendered
When accommodation amenity
or service has been accepted
by the employee.
Sec.11
Wages to be paid in
Object of the Act
current coins
To regulate the payment of wages of
or currency
certain classes of employed persons
notes
Time of payment of wages •All wages shall be paid
The wages of every person employed in current coins or
be paid. currency notes or in
When less than 1000 persons are both.
employed shall be paid before the
•After obtaining the
expiry of the 7th day of the following authorization, either by
month.
cheque or by crediting
When more than 1000 workers, before the wages in employee’s
the expiry of the 10th day of the
following month.
Sec. 5
Deduction made from wages Deduction for
Deductions such as, fine, deduction for absence from
amenities and services supplied by the duties for
employer, advances paid, over unauthorised
payment of wages, loan, granted for absence
house-building or other purposes,
income tax payable, in pursuance of Absence for whole or
the order of the Court, PF any part of the day –
contributions, cooperative societies, If ten or more persons
premium for Life Insurance, absent without
contribution to any fund constituted by reasonable cause,
employer or a trade union, recovery of deduction of wages upto
losses, ESI contributions etc.etc. 8 days.
Deduction for damage or loss
Sec. 9
For default or negligence of an
employee resulting into loss. Show
cause notice has to be given to the
 On contravention of S.5 (except sub-sec.4), S.7, S.8
(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to
13.
• For failing to maintain registers or records; or
• Wilfully refusing or without lawful excuse
neglecting to furnish information or return; or
• Wilfully furnishing or causing to be furnished any
information or return which he knows to be false
or
• Refusing to answer or wilfully giving a false
answer to 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 reasonable facility for making any
entry, inspection etc.
• Wilfully refusing to produce on the demand of an
Fine not less than Rs.1000 which may extend to
Rs.5000. 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.
• Fine which shall not be less than Rs.1000 but may
extend to Rs.5000 – On record conviction fine not
less than Rs.5000, may extend to Rs.10,000.
• For second or subsequent conviction, fine not less
than Rs.5000 but may extend to Rs.10,000
Fine not less than Rs.1000 extendable
Upto Rs.5000 – On subsequent conviction fine
not less than Rs.5000 – may extent to Rs.10,000

WORKMEN’S COMPENSATION
inspector any register or other document kept in
pursuance of this Act; or preventing any person for
appearance etc.
• On conviction for any WORKMEN
offence and againCOMPENSATION
guilty of • ImprisonmentACT,
not less1923
than one month
CHECKLIST
Applicabilit Coverage of Workmen Employer’s liability to pay
y All workers irrespective of their compensation to a workman
status or salaries either directly or On death or personal injury resulting
All over India through contractor or a person into total or partial disablement or
Sec.1 recruited to work abroad. Sec.1(3) occupational disease caused to a
workman arising out of and during
the course of employment.
Amount of compensation Sec.3
• Where death of a workman results from the injury
• An amount equal to fifty per cent of the monthly wages When an employee is not liable
of the deceased workman multiplied by the relevant factor for compensation
on an amount of eighty thousand rupees, whichever is more.
• Where permanent total disablement results from the • In respect of any injury which does
injury. result in the total or partial
• An amount equal to sixty per cent of the monthly wages disablement of the workman for a
of the injured workman multiplied by the relevant factor or period exceeding three days.
an amount of ninety thousand rupees, whichever is more • In respect of any injury, not
Procedure for calculation resulting in death or permanent
Higher the age – Lower the compensation total disablement caused by an
• Relevant factor specified in second column of Schedule IV accident which is directly
giving slabs depending upon the age of the concerned attributable to-
workman. • The workman having been at the
• Example : In case of death. time thereof under the influence of
• Wages Rs.3000 PM ● Age 23 years drink or drugs, or
• Factor as schedule IV Rs.19.95 • Willful disobedience of the
• Amount of compensation Rs.329935 workman to an order expressly
given, or to a rule expressly
Wages Notice framed, for the purpose of
Accident securing the safety of workmen, or
When the monthly wages • Willful removal or disregard by the
are more than Rs.4000 per As soon as workman of any safety guard or
month it will be deemed Practicable other device which he knew to
Rs.4000. Sec. 10 have been provided for the
Sec.4 Exh.b purpose of securing the safety of
 Report of accident Bar upon contracting out
Rule 11 Form EE
Any workman relinquishing his right
Report of fatal Accident and Serious Injury within 7 days to for personal injury not permissible.
the Commissioner (not application when ESI Act applies). Sec.14
Sec.10B

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