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Ignorance of law is not excuse and hence one needs to comply with compliance with
existing rules and regulations of labour laws to avoid the penal consequences.
Acts and Rules
Attention has not been made wherever the employer has nothing to do with the
provisions but has only to follow the directions of the appropriate government.
The Factories Act is meant to provide protection to the workers from being exploited by
the greedy business establishments and it also provides for the improvement of working
conditions within the factory premises
Act which makes it obligatory on the part of the employer to provide for the health, safety
and welfare of the workers employed.
Applies to every factory wherein 10 or more workers are working, or were working on
any day of the preceding twelve months, and in any part of which a manufacturing
process is being carried on with the aid of power and 20 or more workers, if run without
the aid of power.
PROVIDES for
Payment of Overtime wages for overstay at workplace @ twice the ordinary rate of
wages.
Weekly Holiday: No work for more than 10 days without a day of rest.
No child (who has not attained the age of 15 years) be permitted to work.
adequate safeguards in the factory as regards occupational safety and health, equal
opportunity for women workers, adequate protection of their dignity, honor and safety
and their transportation from the factory premises to the nearest point of their residence"
are made.
@ 1day for every 20 days provided ----240 days of work during preceding year.
Provide each employee a Leave Book- thick bound sheet- in FORM 16 (with similar
entries as in Form 15)
Record the dates on which white washing, painting or varnishing done in a register in
FORM 7.
Ensure provision of sufficient number of Latrines and urinals separate for gents and
ladies
Avoid overcrowding ensure 500 cubic feet of space for every worker without reference
to any space which is more than 14 feet above the level of the floor of the room.
Where the no. of workers is more than 250, provision for cold water in every lunch room,
rest room and canteen shall be ensured.
Notice of accidents and dangerous occurrences resulting in death or bodily injury in form
18 (similar to the one to be sent ESI Local Office under the ESI Act)
Defines the terms and conditions of service between the employer and his employees.
Applies to every industrial establishment wherein 100 (in some States 50)or more
workers are employed
SIGNIFICANCE
Woman entitled to maternity benefit not withstanding the application of the Employees
State Insurance Act, 1948
Employer to ensure..
No woman works during the six weeks immediately following the day of her delivery or
her miscarriage
No woman does any arduous work during the period of ten weeks from the expected
date of delivery
Eligibility
Benefit
12 weeks leave of which not more than 6 weeks shall precede the date of her expected
delivery
The benefit to be paid @ average rate of wages for the three months preceding her
maternity leave
In case of miscarriage, 6 weeks leave with pay at the same rate as applicable to
maternity benefit.
Requires the Central and State Govt. to fix minimum rates of wages in certain scheduled
employment.
Wages slip in form XIII showing the above details to be given to every employee.
7th day of wage month where less than 1000 are working
No payment in KIND
fines
towards EPF, ESI, Labour Welfare Fund and similar deductions permitted under any Act
or the Standing Orders of the establishment
An Act to provide for the payment of Bonus to persons in certain establishments on the
basis of profits, production or productivity.
The Appropriate Govt. shall apply the Act to any other establishment, including a factory
to which the Factories Act, 1948 applies, wherein less than 20 workers are employed
provided the number of persons employed is not less than 10.
Eligibility to Bonus
employee whose salary/ wages does not exceed Rs 10000 per month
who has worked in the establishment for not less than 30 days
Not disqualified to claim bonus due to fraud, theft or any other misconduct
Bonus of very person drawing salary between Rs 3500/- and Rs 10000/- per month shall
be calculated as if his salary were Rs 3500 pm
the days for which the worker has been laid off
the days he has been absent due to temporary disablement caused by an employment
injury
Rate of Bonus
Adjust any interim bonus paid while making payment of the final bonus.
Disputes on Bonus
The Bonus Act does not provide for any machinery to resolve disputes relating to bonus.
For this, the Industrial Dispute Act shall be referred to.
Applies to every factory, mine, plantation and other establishment wherein 10 or more
workers are employed.
Gratuity is in the nature of a retirement benefit payable to an employee for a long and
meritorious service.
It is not paid to an employee gratuitously or merely as a matter of boon. It is paid for the
service rendered by him to the employer (Delhi Cloth and General Mills Co; Ltd Vs The
Workmen)
Then why it should necessarily be denied to him when an employee is dismissed for
misconduct at a latter stage of service ???
on his superannuation
on his resignation
The Working Journalists and Other Newspaper Employees (Conditions of service) and
Miscellaneous Provisions Act, 1955, provides for payment of gratuity.
As such, three years of continuous service is required for eligibility for Gratuity.
to the extent of the damage or loss caused by the employee to the property of the
employer
Rate of gratuity
Rates applicable to Working Journalists depends upon the service of the employee as
provided in the Working Journalists and Other Newspaper Employees (Conditions of
service) and Miscellaneous Provisions Act, 1955
The
average pay of
the
monthly rated
dividing the monthly salary/ wages by 26 and not by 30
employee
shall
be
taken
by
For piece rated workers, average of the three months wages immediately preceding the
day of leaving shall be taken as average rate of wage
An employee in a seasonal establishment shall be paid @ seven days wages for each
season
Salary ceiling
The Amendment Act of 1994 removed the salary ceiling of an employee, but the
maximum gratuity payable shall be Rs. 10 lakh.
In order to be eligible for gratuity, employee should have at least five continuous years of
service with the employer
laid off under an agreement or under the ID Act or as permitted by the Standing Orders
on maternity leave
Act provides for the payment of equal remuneration to men and women
Act makes it obligatory on the part of employer to pay equal remuneration to men and
women workers for same work or work of a similar nature.
In order to make the wages equal, prevailing wages shall not be reduced but the higher
rate shall be maintained.
No discrimination
No discrimination while making recruitment for the same work or work of a similar
nature, except where the employment of women in such work is prohibited or restricted
by or under any law for the time being in force.
No discrimination in any condition of service subsequent to recruitment such as
promotions, training or transfer.
The Act provides for payment of compensation to the worker injured during the course of
employment or contracted by any occupational disease peculiar to that employment
for accidents resulting in death, an amount equal to fifty per cent of the monthly wages of
the deceased workman multiplied by the relevant factor; or an amount of eighty
thousand rupees, whichever is more
for permanent total disablement, an amount equal to sixty per cent of the monthly wages
of the injured workman multiplied by the relevant factor, or an amount of ninety thousand
rupees, whichever is more.
Fatal Injury
An act to provide for the registration of Trade Unions and in certain respects to
define the law relating to registered Trade Unions.
Registration
The minimum number of workers to form a registered Trade Union is 10% or 100
whichever is less, subject to a minimum of 7 workers.
Ensure that the number of members does not fall down the above requirement.
In India, the professional tax is imposed at the state level. However, not all the states
impose this tax, the following states impose this levy in India Karnataka, West Bengal,
Andhra Pradesh, Maharashtra, Tamilnadu, Gujarat, and Madhya Pradesh.
Profession Tax means the tax on Professions, Trades, Callings, Employments and
people carrying out various occupations comes under the purview of this tax.
Professional tax is levied by particular Municipal Corporations and majority of the Indian
states impose this duty.
It is a tax on Professions, Trades, Callings and Employments for raising the resources
needed for implementing the Employment Guarantee Scheme of the State Govt. and to
provide for establishment of the Employment Guarantee Fund.
Every company which conducts business and every individual, who is involved directly in
any business, occupation, or employment in the town panchayat on the first day of the
half-year for which return has been submitted, needs to pay biannual tax at the rates
stipulated.
Salaried persons are also liable to profession tax but their tax is to be deducted and paid
by employer.
Professional Tax slab rates varies as per States (as per Income slab).
Labour welfare refers to all the facilities provided to labour in order to improve their
working conditions, provide social security and raise their standard of living. Parliament
to set up five Welfare Funds to be administered by Ministry of Labour & Employment to
provide housing, medical care, educational and recreational facilities to workers
employed in beedi industry, certain non-coal mines, and cine workers.
Applicability:
MLWF Act. "Unpaid Accumulations-All Payments Due to the employees but not made to
them within a period of 3 years from the date on which they became due including
unpaid Wages, Gratuity, Bonus."
It applies - (a) to every establishment in which twenty or more workmen are employed
or were employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employs or who employed on any day of the preceding
twelve months twenty or more workmen : Provided that the appropriate Government
may, after giving not less than two months' notice of its intention so to do, by notification
in the Official Gazette, apply the provisions of this Act to any establishment or contractor
employing such number of workmen less than twenty as may be specified in the
notification.
It shall not apply to establishments in which work only of an intermittent or casual nature
is performed.
Definitions :
Others :
Rest room to be provided in every place wherein contract labour is required to halt at
night in connection to work.