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PART 1: WORKING CONDITIONS.........................................................................................1
1.1
1.2
1.3
1.4
1.5
1.6
WAGES ...............................................................................................................................1
1.1.1 Definition .................................................................................................................1
1.1.2 Persons responsible for the payment of wages ........................................................2
1.1.3 Fixation of wage periods and time of payment of wages ........................................2
1.1.4 Deductions from the wages......................................................................................2
1.1.5 Grievance procedure in case of illegal deductions or delay in payment..................3
WORKING HOURS AND LEAVES ...............................................................................4
1.2.1 Daily hours...............................................................................................................4
1.2.2 Interval for rest and meal .........................................................................................4
1.2.3 Weekly hours ...........................................................................................................4
1.2.4 Weekly Holiday .......................................................................................................4
PAID ANNUAL LEAVE...................................................................................................5
1.3.1 Annual leave with wage...........................................................................................5
1.3.2 Festival holiday........................................................................................................5
1.3.3 Casual leave .............................................................................................................5
1.3.4 Sick leave .................................................................................................................5
EMPLOYMENT OF FEMALE .......................................................................................6
MATERNITY BENEFITS................................................................................................6
1.5.1 Maternity leave ........................................................................................................6
1.5.2 Procedure of payment of the maternity benefit........................................................6
1.5.3 Amount of the Maternity Benefits ...........................................................................7
1.5.4 Benefits in case of the death of mother....................................................................7
EMPLOYMENT OF ADOLESCENT.............................................................................8
1.6.1 Prohibition of employment of children and adolescent ...........................................8
1.6.2 Certificate of fitness.................................................................................................8
1.6.3 Working hours of adolescent ...................................................................................9
1.6.4 Restriction of appointment of adolescent in certain work .......................................9
PART 2: EMPLOYMENT..........................................................................................................10
2.1 Forced labour .......................................................................................................................10
2.2 Discrimination ......................................................................................................................10
2.3 Service rules..........................................................................................................................11
2.4 Appointment letter and ID card .........................................................................................11
2.5 Service book..........................................................................................................................11
2.6 Classification of workers .....................................................................................................12
2.7 Probationary period.............................................................................................................13
2.8 Calculation of continuous service .......................................................................................13
2.9 Payment of wages for unavailed leave ...............................................................................14
2.10 Death benefit.........................................................................................................................14
2.11 Stoppage of work..................................................................................................................14
2.12 Right of laid off workers .....................................................................................................15
2.13 Retrenchment .......................................................................................................................15
2.14 Discharge ..............................................................................................................................16
2.15 Dismissal ...............................................................................................................................16
2.16 Termination ..........................................................................................................................17
3.2
3.3
SAFETY............................................................................................................................18
3.1.1 Fire .........................................................................................................................18
3.1.2 Floors stairs and means of access ..........................................................................18
3.1.3 Excessive Weights .................................................................................................19
3.1.4 Safety of building and machineries........................................................................19
3.1.5 Fencing of machinery ............................................................................................19
3.1.6 Work on or near machinery on motion ..................................................................20
3.1.7 Explosive or inflammable dust or gas....................................................................20
3.1.8 Precautions against dangerous fumes ....................................................................21
3.1.9 Personal protective equipment...............................................................................21
3.1.10 Risk assessment and prevention.............................................................................22
WELFARE .......................................................................................................................22
3.2.1 First aid appliances ................................................................................................22
3.2.2 Washing facilities...................................................................................................23
3.2.3 Canteens.................................................................................................................23
3.2.4 Shelters/ rest rooms and lunch rooms ....................................................................24
3.2.5 Rooms for children ................................................................................................24
HEALTH AND HYGIENE.............................................................................................24
3.3.1 Cleanliness .............................................................................................................24
3.3.2 Drinking water ......................................................................................................25
3.3.3 Overcrowding .......................................................................................................25
3.3.4 Lighting..................................................................................................................26
3.3.5 Latrines and urinals................................................................................................26
3.3.6 Dust bins and spittoons ..........................................................................................27
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
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WAGES
1.1.1
Definition
Any amount payable to the worker by the order of the court or the award of the arbitrator
shall be treated as the wages;
Overtime allowance shall be treated as wages;
Compensation on retrenchment (on ground of redundancy) shall be treated as wages;
Allowance during Lay off or temporary suspension shall be treated as wages;
Increment shall be treated as wages;
Compensation at the expiry of the employment by any means like dismissal, discharge or
otherwise shall be treated as wages;
Gratuity on discharge or any other gratuity shall be treated as wages;
House rent allowances shall be treated as wages;
Wages during leaves and holidays.
Provisions of the new labor law: Section 125 of the labor law 2006 deals with the deductions
made from the wages of the workers. Following are the deductions valid under the present law:
1. Fines under section 25 (section 25 however states that no fine shall be allowed more than
one tenth of the total wages receivables by an worker in a particular wage periods and no
fine for the worker aged below 15);
2. Deductions for absence from duty;
3. Deduction for damage or loss of goods entrusted upon the worker in his custody;
4. Deduction for house accommodation supplied by the employer;
5. Deduction for such amenities or services supplied by the employer as the government has
authorized;
6. Deduction for recovery of advances or for adjustment of overpayments;
7. Deduction for Income tax payable by the worker;
8. Deduction for subscription to and for repayment of advances from the provident fund
9. Deduction for the payment to the co-operative societies approved by the government.
Upto these 9 points the new law remains exactly the same as section 7 of the previous Payment
of Wages Act 1936, but the new law added more deductions like the following:
Deduction for any welfare fund formed by the employer and authorized by the
government.
Application within 12 months from the date of such illegal deduction or the date of the
payment being due, but the court can take it even after the expiry of the said period;
No court fees are payable by the aggrieved worker rather if the worker wins the case it is
the owner who shall pay the court fees payable;
Previously the limitation period was only six months, now it is twelve months.
1.2
1.2.1
Daily hours
Weekly hours
1.3
1.3.1
Festival holiday
Casual leave
Sick leave
EMPLOYMENT OF FEMALE
MATERNITY BENEFITS
1.5.1
Maternity leave
Provisions of the new labor code: Three options are open to the mothers as per section 47 of the
new labor law:
1. The owner shall pay the total benefit payable for the preceding 8 weeks within 3 days
from the submission of the certificate of the probability of delivery by a Registered
Physician and shall pay the remaining amount after three working days of the submission
of the proof of the delivery.
2. The owner shall pay the benefit payable for the preceding 8 weeks including the day of
the delivery within 3 days from the submission of the proof of delivery and pay the
remaining within the next eight weeks after the proof of delivery is submitted
3. The owner shall pay all the benefits payable within 3 days from the submission of the
proof of delivery to the owner.
Provisions of the previous labor laws: Previously the procedure was guided by the Maternity
Benefits Act. 1939. Section 5 of the aforesaid Act provided a bit stringent payment procedure as
there was the provision of payment within 48 hours after the certificate from any physician was
submitted, whether there remains any working days or not.
Changes in present law:
Changes have been made in favor of the management, as the management is required to pay the
benefit within three working days. As per the previous law it was binding upon the management
to pay the benefit within 48 hours only.
Again, the maternity leave and benefits are admissible to a woman worker upto her two living
birth only.
1.5.3
1.6
EMPLOYMENT OF ADOLESCENT
1.6.1
1.6.3
The employer shall pay the fee for obtaining such certificate and the fees cannot be
realized from the parents or guardians of the worker.
Working hours of adolescent
1.6.4
No adolescent shall be allowed or required to work 5 hours a day and 30 hours a week
No adolescent shall be allowed or required to work between the hours from 7 PM to 7
AM
In every factory the work of an adolescent shall be limited upto two shift and no such
shift shall be more than 7 and a half hours
An adolescent can only be appointed in a single relay and such relay shall be changes
only with prior approval of the inspector for once in a month.
Restriction of appointment of adolescent in certain work
PART 2: EMPLOYMENT
2.1
Forced labour
Discrimination
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----The State shall not discriminate against any citizen on the grounds of religion, race, caste,
sex or place of birth.
Therefore, discrimination on the grounds of any of the above issues is prohibited in country.
2.3
Service rules
Service book
Provisions of the new labor code: The law provides a separate section i.e. Section 7 of the law
for the entries of the service book of a labor. As per the section following entries shall be there in
the service book of a labor:
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Mark of recognition
Previous owner and his address if applicable
Duration of the employment
Occupation or designation
Wages and allowances
Leaves availed
Conduct of the worker
Provisions of the previous labor laws: Employment of Labor (Standing Orders) Act 1965 did
not provide any provisions related to this. Only the provision of the maintenance of the service
book was available in the Employment (Record of Services) Act 1952 and Employment (Record
of Services) Rules 1957.
Changes brought by the new law:
No significant changes are there in the provision of the service book in the new law. But the new
law makes it mandatory for the service book to be signed by both the worker and the employer.
The law provides a list of information to be maintained in the service book of each labor
2.6
Classification of workers
Apprentices
Badlies
Casuals
Temporary
Probationer and
Permanent
These terms of classification have been properly defined in the present legislation
Apprentice: A worker who is appointed in an establishment as a trainee and during the period of
training he is paid an allowance is called an apprentice.
Badlies: A worker who is employed for the period of absence of a permanent or probationer
worker.
Casual: A worker who is employed on casual basis.
Temporary: A worker who is employed purely for a temporary nature of work.
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Probationer: A worker who is employed on probation for a fix time with a view to fill up a
permanent vacancy.
Permanent: A worker who is employed to fill up a permanent post or when a probationer
completes his probation period in an establishment.
2.7
Probationary period
13
Death benefit
Stoppage of work
14
c) The notice also mentioned that those who are ordered to be so present, and if their
presence is required for an hour only, then they may not be entitled to get any benefit.
2.12
2.13
Compensation during lay off = (Total basic + dearness allowance +ad hoc wages)/2 +
the house rent he or she would get if not so laid off.
No worker shall get the compensation for more than 45 days in a calendar year of lay off
If any worker is laid off for 15 days or more after the first 45 days of lay off in a single
calendar year the employer can retrench the worker instead of lay him off.
But, if the lay off extends beyond that 45 days upto a period of another 15 days, then the
labor so laid off shall be entitled to get a benefit as per the following rate:
Compensation during lay off beyond 45 days = (Total basic + dearness allowance +ad
hoc wages)/4 + the house rent he or she would get if not so laid off.
Retrenchment
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(c) he has been paid, at the time of retrenchment , compensation which shall be equivalent to
thirty days wages for every completed year of service or for any part thereof in excess of
six months, or gratuity, if any, whichever is higher.
2.14
Discharge
Dismissal
16
2.16
Termination;
Demotion to lower grade;
Held up promotion for at least one year;
Held up increment for an year;
Fine;
Temporary suspension without wages;
Rebuking and warning;
Termination
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SAFETY
3.1.1
Fire
3.1.2
The new law makes a provision of an alterative stair affording means of escape
connecting all the floors
Fire extinguishing and escape parade shall be provided for at least once in a year
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2. Reasonable safe passage way or access shall be maintained in a place where a person is
employed to work.
3. All the floors, passage ways and stairs shall be maintained very neat and clean, wide
enough and free from any blockade.
Fencing of machinery
19
20
3. Enclosed parts of the plant that contain potentially explosive materials shall only be
opened if certain required precautionary measures are met.
a) Stop valves should be used to stop flow of gaseous objects in pipeline before
working on any joints of that pipeline.
b) Practicable measures should be taken to reduce pressure inside the pipeline before
working on joints of that pipeline.
c) Entrance of inflammable gases or vapours, into the pipeline through the joints that
are to be worked on, must be carefully prevented.
4. Operation that requires action of heat such as welding, brazing, soldering or cutting shall
not be conducted in a factory that contains or previously contained inflammable objects
without taking appropriate safety measures.
.
3.1.8
Effective screens or suitable goggles shall be provided for the protection of persons eye where
there is a risk
-
Of injury to eyes from particles or fragments thrown off in the course of the
process
To the eyes by reason of exposure to excessive light or heat.
Section 79 also makes a provision of personal protection, sub-section (d) and (e) stated as
follows:
(d) Providing for the protection of all persons employed in the operation or in the vicinity of
the places where it is carried on, and
(e) Providing notice about the hazardous chemical to the workers.
WELFARE
3.2.1
22
Washing facilities
Number of Taps
1
2
3
4
5
5+ 1 for every additional 50 or
part thereof
More than 500
11+1 for every additional 100 or
part thereof
3. At least two gallons of water supply for each and every worker employed in a
factory.
3.2.3
Canteens
23
3.2.4
3.3.1
Cleanliness
24
d) All inside walls and partitions, all ceilings or tops of the rooms and walls side and
tops of the passages and staircase shall be
2. A register shall be maintained in every factory for all the required activities as described
in the clause (d) above.
3.3.2
Drinking water
Overcrowding
25
3. The Factory shall post a notice in each work room specifying the maximum number of
workers can be employed therein as per the above calculation, if the Inspectors so
requires;
4. The Inspector can exempt any workroom of any factory from the compliance of this rule
if satisfied that for the health of the worker it is not necessary.
Changes in the present law:
No noteworthy change is there except for the conversion of the measurement of space in the
metric system from the previous British system.
3.3.4
Lighting
26
27
28
4.2
Persuade a workman to join or refrain from joining a trade union during the working
hours.
Intimidate any person to become or refrain from becoming a member or officer of a trade
union.
Induce any person to become or refrain from becoming a member or officer of a trade
union.
Compel or attempt to compel an employer to sign a memorandum of settlement by using
intimidation.
Compel or attempt to compel any workmen to pay or refrain from paying any
subscription towards the fund of the trade union
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(a) On being so required by the Registrar, submit to the Registrar a list of all workers
employed in the establishment, excluding those whose period of employment in
the establishment is less than three months or who are casual or badly workers.
(b) Provide such facilities for verification of the list submitted by him as the Registrar
may require.
6. On receipt of the list of workers from the employer, the Registrar shall send a copy of the
list to each of the contesting trade unions and shall also affix a copy thereof in a
conspicuous place of his office and another copy of the list in a conspicuous place of the
establishment.
7. The objection if any, received by the Registrar within the specified time shall be disposed
of by him after such enquiry as he deems necessary.
8. The Registrar shall make such amendments, alterations or modifications in the list of
workers submitted by the employer as may be required by any decision given by him on
objections received under previous sub-section.
9. After amendments, alterations or modifications, if any, made under above sub section or
where no objections are received by the Registrar within the specified time, the Registrar
shall prepare a list of workers employed in the establishment concerned and send copies
thereof to the employer and the contesting trade unions at least four days prior to the date
fixed for the poll.
10. The list prepared under the aforesaid sub section shall be deemed to be the list of voters
and every person whose name appears in the list shall be entitled to vote to elect the
Collective Bargaining Agent.
11. Every employer shall provide such facilities as are required by the Registrar to conduct
the poll.
12. No person shall canvas for vote within a radius of fifty yards of the polling station.
13. For the purpose of the holding secret ballot to determine the CBA the Registrar shall do
the following:
a. Fix a date and intimate the same to the contesting trade unions and the employer;
b. Set the sealed ballot boxes, which are sealed in presence of the representative of
each of the contesting trade unions if any one present;
c. Conduct the poll in the polling stations where the representative of the contesting
trade unions shall have the right to enter;
d. Count the votes in presence of the representative of the contesting trade unions if
anybody is present;
e. Declare the result and the name of the elected Collective Bargaining Agent.
14. Where a registered trade union is declared as the Collective Bargaining Agent as per the
above rules, no such application for the determination of the CBA shall be entertained
within next two years.
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4.4
4.5
Participation Committee
31
4.7
The Participation Committee shall meet at least once in every two months to discuss and
exchange views and recommend measures for the performance of the functions under
section 206.
The proceeding of each such meeting shall be forwarded to the Director of Labor and the
Conciliator within seven days of meeting.
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4.8
Trade Unions
basically to control the relation between workmen and employer and employer and
employers , employers, without distinction whatsoever shall have the right to establish
and join the union of their choice subject to the constitution of the respective association;
employers and the Workmen shall have the right to form a federation of their trade Union
and they can also affiliate that federation with any international federation or
confederation of trade unions;
The trade unions and the associations of the employers shall have the freedom to adopt
constitution as per their choice.
4.10
Section 178 of the new labor code provides a list of documents, required, for the registration of
the trade unions:
4.11
The Names, Age, Occupation and designation of the executive committee members of
the union
The Name of the Establishment to which it is related and the total number of workers
in that establishment
In case of a federation of a trade Union the names of the member Union and address
Three copies of the constitution of the Union and the resolution of the meeting in
which the constitution is proposed and accepted
A resolution of the meeting empowering the Secretary and President of the ------ for
the registration of the Union
In case of federation the acceptance letter of the member union to become the member
of the proposed federation.
Industrial Dispute
If at any time any employer or the Collective Bargaining Agent finds any dispute is
likely to arise, shall communicate the other party in writing.
34
2.
The recipient of the above mentioned communication shall take initiative to arrange a
negotiation within fifteen days of the receipt of the communication.
Negotiation
The proceedings under the above arrangement between two parties shall be treated as
negotiation and if there produce a positive solution to the disputing issues, a settlement
deed shall be executed and be sealed and signed by both the parties. And a copy of the
settlement deed shall be forwarded to the Government and the Conciliator
Conciliation
If the above mentioned negotiation fails, then it shall be forwarded to the Conciliator for
the process of conciliation.
1. If the dispute is settled through conciliation the Conciliator shall report it to the
government along with the settlement deed.
2. The conciliation shall be treated to be failed, if it cannot reach any conclusion
even after 30 days of the initiation. Provided it can be extended beyond the period
if both the parties agree in writing.
3. If it fails the conciliator shall try to manage the parties in dispute to refer the
matter to an arbitrator.
4. If the parties disagree about the Arbitration the conciliator shall issue a certificate
that the conciliation has failed.
Arbitration
When both the parties agree to refer the dispute to an Arbitrator then the matter shall be
forwarded by the conciliator to the concerned Arbitrator (chosen by both the parties.
1. An arbitrator shall be a person from the list made and maintain by the government
in this regard or any person mutually agreed upon by the parties.
2. Arbitrator shall make an award within thirty days or within any Period, mutually
agreed upon after the matter is received.
3. The Arbitrator shall provide a copy of the award to the parties and to the
government as well.
4. No appeal shall lie against the award of the Arbitrator.
5. The award shall be valid for a term not more than two years
4.14
35
2. No such notice of strike shall be issued by the CBA unless a secret ballot is held in this
behalf under the supervision of the Conciliator and three fourth of the members of the
CBA opted for the strike.
3. When the strike or Lock out already commence, then any party can go to the labor court
for the settlement of dispute
4. The Government can stop any strike or lock out if it continues up to a period of 30 days.
Provided the government can stop it before the expiry of the above period, if it thinks
expedient for public interest.
Changes in the present law:
In previous law there was a provision of joint application to the labor court by both parties at any
stage of the commencement or before the commencement of the strike or lock out, but in present
law this provision has been eliminated.
36