Beruflich Dokumente
Kultur Dokumente
LABOUR LAWS
• 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
• Lay off compensation FACTORIES ACT,
• Conveyance
1948
Amount
which amounts
towards
to criminal breach of trust.
•CHECK
Children LIST
education reimbursement for
• 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 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)
When Act is not applicable
ACT, 1959 & THE RULES
Applicability of the
Act
Any employment in agriculture,
horticulture etc.
Object of the Act
CHECK LIST 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
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
31 is providedand re-opening
for of
contravention 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
more).
CHECK-LIST
workmen arising therefrom.
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
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
Object of the Act
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 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.
Andhra have done so.
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,
For contravention of any provision of the Act or Upto 6 months or with fine upto Rs.1000.
PENALTY
etc. etc. Sec.32. the Rule Sec.28
Sec.
1
PAYMENT OF Sec.
2(s)
Applicability
GRATUITY
Every factory, ACT, 1972 & THE RULES Wages for
Calculation
mine, oil field,
plantation, port, @ 15 days’
railways, wages for every
company, shop, CHECKLIST completed year
establishment or as if the month
educational comprises of 26
institutions days at the last
employing 10 or Sec. drawn wages.
more employees 2(e)
Employee
Calculation
Display of
Piece-
Calculation All employees Notice
rated Qualifying
Sec. Seasonal irrespective of
employee period
1 employee status or On conspicuous
salary place at theRule
main
@ 15 days On rendering of
@ 7 days’ entrance in4
wages for 5 years’ service,
wages for Entitlement English language
every either
every On completion or the language
completed termination,
completed of five years’ understood by
year on an resignation or
year of service except majority of
average of 3 retirement.
service. in case of employees of the
months’
death or factory, etc.
wages
disablement
Sec.
4(3)
Rule
Sec.6 9
Rule 6 Maximum
Ceiling
Nomination Rule
Mode of
Rs.3, 9
payment
To be obtained 50,000
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 behavior. months and upto
To apply within one year with
Wholly or partially for Can’t be
30 days in fine on default in
willfully 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.
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
WORKMEN’S COMPENSATION
ACT, 1923
CHECKLIST
Coverage of Workmen When an employee
Employer’s is not
liability liable
to pay
Applicabilit
All workers irrespective of their for compensation
compensation to a workman
y
status or salaries either directly or On death or personal injury resulting
All over India through contractor or a person • into
In respect
total orofpartial
any injury which does
disablement or
Sec.1 recruited to work abroad. Sec.1 (3) result in the
occupational totalcaused
disease or partial
to a
disablement
workman of the
arising out workman
of and duringfor a
Amount of compensation period exceeding
the course three days.
of employment.
• Where death of a workman results from the injury • In respect of any injury,Sec.3 not
• An amount equal to fifty per cent of the monthly wages resulting in death or permanent
of the deceased workman multiplied by the relevant factor total disablement caused by an
on an amount of eighty thousand rupees, whichever is more. accident which is directly
• Where permanent total disablement results from the attributable to-
injury. • The workman having been at the
• An amount equal to sixty per cent of the monthly wages time thereof under the influence of
of the injured workman multiplied by the relevant factor or drink or drugs, or
an amount of ninety thousand rupees, whichever is more • Willful disobedience of the
Procedure for calculation workman to an order expressly
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. • 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
purpose of securing the safety of
• Amount of compensation Rs.329935
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