Description
This Project on Certified Employment law & Compliance Professional has been submitted for partial fulfillment of my Felloship from AHRM / CAMI.
Project Report On Certified Employment Laws & Compliance Professional
This document was created on 30th July 2012 as part of my project work, contains Assignments and it is prepared and submitted for the purpose of partial fulfillment for Fellowship from ASIAN HR BOARD – AHRB / CAMI – USA. During the month of July 2012. This template is a draft document that has been as a working template for a Manufacturing Organization based in HYD. Submitted by Puli. Srinivas Rao
AHRBHYD0211010
Acknowledgement
Its great pleasure to have worked on a Project work on CELCP for An Manufacturing organization as part of my AHRB – Fellowship Program, Certified Employment Laws & Compliance Professional – CELCP. This project work has been carefully carried out taking the courseware, workshop conducted by experts, on the job work experience of the aspirant & books referred which were recommended in the courseware – CELCP. I would like to express my sincere thanks to the entire team of AHRB, CAMI & MEC for conducting such a value based program & designed a well structured, informative courseware to all participants. I take this opportunity to express my profound gratitude and respect to my Faculty Mr. Sundar Rao, He introduced me to this topic of Employment Laws & Compliance Professional, which has created lot of interest, his support and guidance has inspired me to put in the right efforts for this assignment. Thank you Srinivas Rao Puli. CELCP - AHRB. (Fellow Aspirant)
Table of Contents
S.no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 INTRODUCTION WHAT IS LABOUR & LABOUR LAW – AN OVERVIEW LABOUR LAW ORIGIN OF LABOUR LAWS LABOUR POLICY OF INDIA THE MAIN CENTRAL LAWS DEALING WITH LABOUR ISSUES DISTINCTIVE FEATURE OF INDIAN LABOUR AND EMPLOYEMENT LAWS WOMEN LABOUR AND THE LAW FOCUS ON ELIMINATION OF CHILD LABOUR JUDI CIAL SYSTEM IN INDIA WITH LABOUR LAW. MEDIATION IN LABOUR
ASSIGNMENT
MAJOR LINES OF BUSINESS SERVICE PROFILE ORGANIZATION PROFILE, DEPARTMENT, SIZE, STRUCTURE & DESIGN LIST OF IMPORTANT LABOUR LEGISLATION APPLICABLE TO A MANUFACTURING COMPANY. THE DESCRIPTION & LIST OF FORMS FOR EACH OF THE LAWS THE APPRENTICES ACT, 1961 & APPRENTICE RULES – 1991. PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY – CENTRAL RULES1972. FACTORIES ACT – 1948, AP FACTORIES RULES - 1950. THE CONTRACT LABOUR (REGULATION & ABOLITION ACT-1970, ITS CENTRAL RULES 1971. INDUSTRIAL EMPLOYMENT (STANDING ORDERS)ACT – 1946 EMPLOYMENT EXCHANGES(COMPULSORY NOTIFICATION OF VACANCIES) ACT – 1959 CHILD LABOUR (PROHIBITION & REGULATION)ACT – 1986. EMPLOYMENT PROVIDENT FUND & MISCELLANEOUS PROVISION ACT, 1952 & THE
SCHEME PROVIDED THERE UNDER
TRADE UNION ACT 1926 & CENTRAL TRADE UNION REGULATION, 1938. INDUSTRIAL DISPUTES ACT 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES,1957 EQUAL REMUNERATION ACT,1976 & EQUAL REMUNERATION RULES , 1976 THE WORKMEN’S COMPENSATION ACT 1923. MINIMUM WAGES ACT,1948 & AP MINIMUM WAGES RULES. EMPLOYEES STATE INSURANCE ACT, 1948 & ESI REGULATION - 1950. PAYMENT OF BONUS ACT,1965 & PAYMENT OF BONUS RULES,1975. PAYMENT OF WAGES ACT,1936 & PAYMENT OF WAGES RULES, 1937 THE SHOP & ESTABLISH ACT , 1952. PROFESSIONAL TAX
MATERNITY BENEFIT ACT
ADDRESS OF LABOUR COMMISSIONERS ANNEXURE
WHAT IS LABOUR & LABOUR LAW – AN OVERVIEW
Labour is one of the basic resources of any industry and has an important bearing on the performance and goals of the organisation. In India we have a number of Laws which deals with issues concerning Labour administration, labour welfare, regulation of industrial relations between the management and the workers. The laws and bye laws applicable to labour issues and interests provides for various compliances in accordance with procedures laid therein. The salient features of the Central Labour Acts in force in India are given here under: The Indian Factories Act of 1948 provides for the health, safety and welfare of the workers. => The Shops and Commercial Establishment Act regulates the conditions of work and terms of employment of workers engaged in shops, commercial establishments, theatres, restaurants, etc. => The Maternity Benefit Act provides for the grant of cash benefits to women workers for specified periods before and after confinements. => The Employment of Children Act, 1938, prohibits the employment of young children below the age of 15 years in certain risky and unhealthy occupations. => The payment of wages Act, 1936, regulates the timely payment of wages without any unauthorized deductions by the employers. => The Minimum Wages Act, 1948, ensures the fixation and revision of minimum rates of wages in respect of certain scheduled industries involving hard labour.
=> The Industrial Disputes Act, 1947, provides for the investigation, and settlement of industrial disputes by mediation, conciliation, adjudication and arbitration, there is scope for payment of compensation in cases of lay-off and retrenchment. =>The Industrial Employment (Standing Orders) Act, 1946, requires employers in Industrial establishments to define precisely the conditions of employment under them and make them known to their workmen. These rules, once certified, are binging on the parties for a minimum period of six months. =>The Workmen’s Compensation Act, 1923, provides for compensation to injured workmen of certain categories and in the case of fatal accidents to their dependants if the accidents arose out of and in the course of their employment. It also provides for payment of compensation in the case of certain occupational diseases. =>The Indian Trade Unions Act, 1926, recognizes the right of workers to organise into trade unions, and when registered, they have certain rights and obligations and function as autonomous bodies. =>The Employees’ State Insurance Act, 1948, provides for sickness benefit, maternity benefit, disablement benefit and medical benefit. =>The Employees’ Provident Fund Act, 1952, seeks to make a provision for the future of industrial worker after he retires or in case he is retrenched, or for his dependents in case of his early death. The labour welfare work, thus, covers a wide range of activities and in its present form is widely recognised and is regarded as an integral part of the industrial system and management. LABOUR LAW
Wikipedia, the internet encyclopedia defines labor law or employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and Restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. There are two broad categories of labour law. First, collective labour law relates to the tripartite Relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. Employment standards are social norms for the minimum socially acceptable conditions under which employees or contractors will work. Government agencies enforce employment standards codified by labour law (legislative, regulatory, or judicial). Employment Laws cover broader area than labour laws in the sense that employment laws cover all the areas of employer/employee relationship except the negotiation process covered by labour law and collective bargaining. Labour Laws harmonize many angles of the relationship between trade unions, employers and employees. In some countries (like Canada), employment laws related to unionised workplaces are different from those relating to particular individuals. In most countries however, no such distinction is made. The final goal of labour law is to bring both the employer and the employee on the same level, thereby mitigating the differences between the two ever-warring groups. The law relating to labour and employment in India is primarily known under the broad category of "Industrial Law". Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labour of the workers. Escalating expectations of the workers, the hopes extended by Welfare State, uncertainties caused by tremendous structural developments in industry, the decline of authority, the waning attraction of the work ethics and political activism in the industrial field, all seem to have played some role.
ORIGIN OF LABOUR LAWS
Labour laws emerged when the employers tried to restrict the powers of workers' organisations and keep labour costs low. The workers began demanding better conditions and the right to organise so as to improve their standard of living. Employer’s costs increased due to workers demand to win higher wages or better working conditions. This led to a situation which required the intervention of Government. To put an end to the disputes between the employer and employee, the Government enacted many labour laws. In India the labour laws are so numerous, complex and ambiguous that they promote litigation rather than the resolution of problems relating to industrial relations. The labour movement has contributed a lot for the enactment of laws protecting labour rights in the 19th and 20th centuries. The history of labour legislation in India can be traced back to the history of British colonialism. The influences of British political economy were naturally dominant in sketching some of these early laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for chartering workers became necessary. This was obviously labour legislation in order to protect the interests of British employers. The British enacted the Factories Act with a really self-centered motive. It is well known that Indian textile goods offered serious competition to British textiles in the export market. In order to make India labour costlier, the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile moguls of Manchester and Lancashire. Thus we received the first stipulation of eight hours of
work, the abolition of child labour, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly for the welfare of the labour force the real motivation was undoubtedly the protection their vested interests. The original colonial legislation underwent substantial modifications in the postcolonial era because independent India called for a clear partnership between labour & capital. The content of this partnership was unanimously approved in a tripartite conference in December 1947 in which it was agreed that labour would be given a fair wage and fair working conditions and in return capital would receive the fullest cooperation of labour for uninterrupted production and higher productivity as part of the strategy for national economic development and that all concerned would observe a truce period of three years free from strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on 01.04.1947 repealing the Trade Disputes Act 1929 has since remained on statute book. India provides for core labour standards of ILO for welfare of workers and to protect their interests. India has a number of labour laws addressing various issues such as resolution of industrial disputes, working conditions, labour compensation, insurance, child labour, equal remuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labour issues. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases. LABOUR POLICY OF INDIA
Labour policy in India has been evolving in response to specific needs of the situation to suit requirements of planned economic development and social justice and has two-fold objectives, viz., maintaining industrial peace and promoting the welfare of labour. Labour Policy Highlights ? ? ? ? ? ? ? ? ? ? Creative measures to attract public and private investment. Creating new jobs. New Social security schemes for workers in the unorganised sector. Social security cards for workers. Unified and beneficial management of funds of Welfare Boards. Reprioritization of allocation of funds to benefit vulnerable workers. Model employee-employer relationships. Long term settlements based on productivity. Vital industries and establishments declared as `public utilities`. Special conciliation mechanism for projects with investments of Rs.150 crores / more. ? ? ? Industrial Relations committees in more sectors. Labour Law reforms in tune with the times (body of experts to suggest changes). Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary. ? ? ? ? ? ? ? Amendments to Industrial Disputes Act in tune with the times. Efficient functioning of Labour Department. More labour sectors under Minimum Wages Act. Child labour act to be aggressively enforced. Modern medical facilities for workers. Rehabilitation packages for displaced workers. Restructuring in functioning of employment exchanges. Computerization and updating of data base. ? Revamping of curriculum and course content in industrial training.
?
Joint cell of labour department and industries department to study changes in laws and rules.
The labour enactments in India, is divided into 5 broad categories- Working Conditions, Industrial Relations, Wage, Welfare and Social Securities. The enactments are all based upon Constitution of India and the resolutions taken in ILO conventions from time to time. Indian labour law refers to laws regulating employment. There over fifty national laws and many more state-level laws. Traditionally Indian Governments at federal and state level have sought to ensure a high degree of protection for workers through enforcement of labour laws. Indian labour laws divide industry into two broad categories: 1. FACTORY Factories are regulated by the provisions of the Factories Act, 1948 (the said Act). All Industrial establishments employing 10 or more persons and carrying manufacturing activities with the aid of power come within the definition of Factory. The said Act makes provisions for the health, safety, welfare, working hours and leave of workers in factories. The said Act is enforced by the State Government through their ‘Factory’ inspectorates. The said Act empowers the State Governments to frame rules, so that the local conditions prevailing in the State are appropriately reflected in the enforcement. The said Act puts special emphasis on welfare, health and safety of workers. The said Act is instrumental in strengthening the provisions relating to safety and health at work, providing for statutory health surveys, requiring appointment of safety officers, establishment of canteen, crèches, and welfare committees etc. in large factories. The said Act also provides specific safe guards against use and handling of hazardous substance by occupiers of factories & laying down of emergency standards & measures. 2. THE SHOPS & ESTABLISHMENT ACT The Shops and Establishment Act is a state legislation act and each state has framed its own rules for the Act. The object of this Act is to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and
establishments. This Act is applicable to all persons employed in an establishment with or without wages, except the members of the employers’ family. This Act lays down the following rules: • Working hours per day and week. • Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. • Employment of children, young persons and women. • Rules for annual leave, maternity leave, sickness and casual leave, etc. • Rules for employment and termination of service. THE MAIN CENTRAL LAWS DEALING WITH LABOUR ISSUES ARE GIVEN BELOW: 1. Minimum Wages Act 1948 2. Industrial Employment (Standing orders) Act 1946 3. Payment of Wages Act 1936 4. Workmen’s Compensation Act 1923 5. Industrial Disputes Act 1947 6. Employees Provident Fund and Miscellaneous Provisions Act 1952 7. Payment of Bonus Act 1965 8. Payment of Gratuity Act 1972 9. Maternity Benefit Act 1961 1. MINIMUM WAGES ACT 1948 The Minimum Wages Act prescribes minimum wages for all employees in establishments or working at home in certain employments specified in the schedule of the Act. Central and State Governments revise minimum wages specified in the chedule. The Minimum Wages Act 1948 has classified workers as unskilled, semiskilled, skilled; and highly skilled. 2. INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946
The Industrial Employment Act requires employers in industrial establishments to clearly define the conditions of employment by issuing standing orders duly certified. Model standing orders issued under the Act deal with classification of workmen, holidays, shifts, payment of wages, leaves, termination etc. The workers are classified as : • Apprentice/trainee; • Casual; • Temporary; • Substitute; • Probationer; • Permanent; and • Fixed period employees 3. PAYMENT OF WAGES ACT 1936 Under the Payment of Wages Act 1936 the following are the common obligations of the employer: • Every employer is primarily responsible for payment of wages to employees. The employer should fix the wage period (which may be per day, per week or per month) but in no case it should exceed one month; • Every employer should make timely payment of wages. If the employment of any person is being terminated, those wages should be paid within two days of the date of termination; and • The employer should pay the wages in cash, i.e. in current coins or currency notes. However wages may also be paid either by cheque or by crediting in employee’s bank account after obtaining written consent. 4. WORKMEN’S COMPENSATION ACT 1923 The employer must pay compensation for an accident suffered by an employee during the course of employment and in accordance with the Act. The employer must submit a statement to the Commissioner (within 30 days of receiving the notice) giving the
circumstances attending the death of a worker as result of an accident and indicating whether the employer is liable to deposit any compensation for the same. It should also submit an accident report to the Commissioner within seven days of the accident. 5. INDUSTRIAL DISPUTES ACT 1947 The Industrial Disputes act 1947 provides for the investigation and settlement of industrial disputes in an industrial establishment relating to lockouts, layoffs, retrenchment etc. It provides the machinery for the reconciliation and adjudication of disputes or differences between the employees and the employers. Industrial undertaking includes an undertaking carrying any business, trade, manufacture etc. The Act lays down the conditions that shall be complied before the termination/ retrenchment or layoff of a workman who has been in continuous service for not less than one year under an employer. The workman shall be given one month’s notice in writing, indicating the reasons for retrenchment and the period of the notice that has expired or the workman has been paid, in lieu of such notice, wages for the period of the notice. The workman shall also be paid compensation equivalent to 15 days’ average pay for each completed year of continuous service. A notice shall also be served on the appropriate government. 6. EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT 1952 This Act seeks to ensure the financial security of the employees in an establishment by providing for a system of compulsory savings. The Act provides for establishments of a contributory Provident Fund in which employees’ contribution shall be at least equal to the contribution payable by the employer. Minimum contribution by the employees shall be 10-12% of the wages. This amount is payable to the employee after retirement and could also be withdrawn partly for certain specified purposes. 7. PAYMENT OF BONUS ACT 1965 The payment of Bonus Act provides for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or Productivity. The Act is applicable to establishments employing 20 or more persons.
The minimum bonus, which an employer is required to pay even if he suffers losses during the accounting year is 8.33% of the salary. 8. PAYMENT OF GRATUITY ACT 1972 The Payment of Gratuity Act provides for a scheme for the payment of gratuity to all employees in all establishments employing ten or more employees to all types of workers. Gratuity is payable to an employee on his retirement/resignation at the rate of 15 days salary of the employee for each completed year of service subject to a maximum of Rs. 350,000.
9. MATERNITY BENEFIT ACT 1961 The Maternity Benefit Act regulates the employment of the women in certain establishments for a prescribed period before and after child birth and provides certain other benefits. The Act does not apply to any factory or other establishment to which the Employees State Insurance Act 1948 is applicable. Every women employee who has actually worked in an establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits under the Act. The employer is thus required to pay maternity benefits and/or medical bonus and allow maternity leave and nursing breaks.
DISTINCTIVE FEATURE OF INDIAN LABOUR AND EMPLOYMENT LAWS
A distinguishing feature of Indian Labour and Employment Laws are that in India there are three main categories of employees: government employees, employees in Govt. controlled corporate bodies known as Public Sector Undertakings (PSUs) and private sector employees. The rules and regulations governing the employment of government employees stem from the Constitution of India. Accordingly, government employees enjoy protection of tenure, statutory service contentions and automatic annually salary increases. Public sector employees are governed by their own service regulations, which either have statutory force, in the case of statutory corporations, or are based on statutory orders. In the private sector, employees can be classified into two broad categories namely management staff and workman. Managerial, administrative or supervisory employees drawing a salary of Rs.16000/- or more per month are considered management staff and there is no statutory provisions relating to their employment and accordingly in case of managerial and supervisory staff/employee the conditions of employment are governed by respective contracts of employment and their services can be discharged in terms of their contract of employment. Workmen category is covered under the provisions of the Industrial Disputes Act. Voluntary Retirement Scheme and Golden Handshake In the competitive time of globalization and liberalization the system of Voluntary retirement with golden handshake is widely prevalent both in public and private sectors in order to reduce the surplus manpower which for most of public sector undertakings is a major cause of losses.
The Unorganised Sector Many of the labour and employment laws apply to the unorganised sector also. The Unorganized sector can be defined as that part of the work force that have not been able to organize itself in pursuit of a common objective because of certain constraints such as casual nature of employment, ignorance or illiteracy, superior strength of the employer singly or in combination etc. viz. construction workers, labour employed in cottage industry, handloom/ power loom workers, sweepers and scavengers, beedi and cigar workers etc. Under this category are laws like the Building and Construction Workers Act 1996, the Bonded Labour System (Abolition) Act 1976, The Interstate Migrant Workers Act 1979, The Dock Workers Act 1986, The Plantation Labour Act 1951, The Transport Workers Act, The Beedi and Cigar Workers Act 1966, The Child Labour (Prohibition and Regulation) Act 1986, and The Mine Act 1952. WOMEN LABOUR AND THE LAW
Women constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, out of 407 million total workforces, 90 million are women workers, largely employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in the organised sector in March 2000 constituted 17.6 percent of the total organised sector. In addition to the Maternity Benefit Act, almost all the major central labour laws are applicable to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment of equal remuneration to men and women workers for same or similar nature of work. Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation
regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory Committee. In respect of occupational hazards concerning the safety of women at workplaces, in 1997 the Supreme Court of India in the case of Vishakha Vs. State of Rajasthan [(1997) 6 SCC 241] held that sexual harassment of working women amounts to violation of rights of gender equality. As a logical consequence it also amounts to violation of the right to practice any profession, occupation, and trade. The judgment also laid down the definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for creating awareness of the rights of women workers. Implementation of these guidelines has already begun by employers by amending the rules of Industrial Employment Act, 1946. FOCUS ON ELIMINATION OF CHILD LABOUR
Elimination of child labour continued to be one of the major focus areas of the Labour Ministry. It took an initiative for framing an omnibus legislation prescribing 14 years as the minimum age for employment and work in all occupations except agricultural activity in family and small holdings producing for own consumption. The proposed legislation would also fix a minimum age of not less than 18 years to any type of employment and work which by its nature or circumstances is likely to jeopardize the
health, safety or morals of young persons. As of date, employment of children has been prohibited in 13 occupation and 51 processes in the country bringing the total to 64. It is proposed to raise their number to 73 by notifying additional nine hazardous occupations and processes. In 2006, the Central Government has amended the Child Labour (Prohibition and Regulation) Act, 1986 prohibiting employment of children below 14 years of age even in non-hazardous industry like restaurants, motels and also as domestic servant. To further augment resources for elimination of child labour, the Ministry of Labour signed a Memorandum of Understanding with the ILO extending International Programme on Elimination of Child Labour (IPEC) in India for another two years. India under the ILO’s IPEC programme has taken up 154 action programmes on child labour covering more than ninety thousand children with direct funding by the ILO/Area Office to the NGOs. CLASSIFICATION OF VARIOUS LABOUR LAWS
There are over 45 legislations on labour from the Central Government and the number of legislations enacted by the State Governments is close to four times that of the Central Acts. Labour Laws can be classified into the following eight categories: (i) (ii) (iii) (iv) (v) Laws related to Industrial Relations Laws related to Wages Laws related to Specific Industries Laws related to Equality and Empowerment of Women Laws related to Deprived and Disadvantaged Sections of the Society
(vi) (vii)
Laws related to Social Security Laws related to Employment & Training
(viii) Others Laws related to Industrial Relations 1. The Trade Unions Act, 1926 2. The Industrial Employment (Standing Orders) Act, 1946 The Industrial Employment (Standing Orders) Rules, 1946 3. The Industrial Disputes Act, 1947 Laws related to Wages 1. The Payment of Wages Act, 1936 The Payment of Wages Rules, 1937 2. The Minimum Wages Act, 1948 The Minimum Wages (Central) Rules,1950 3. The Working Journalist (Fixation of Rates of Wages) Act, 1958 Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957 4. The Payment of Bonus Act, 1965 The Payment of Bonus Rules, 1975 Laws related to Specific Industries 1. The Factories Act, 1948 2. The Dock Workers (Regulation of Employment) Act, 1948 3. The Plantation Labour Act, 1951 4. The Mines Act, 1952 5. The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955 The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Rules, 1957 6. The Merchant Shipping Act, 1958 7. The Motor Transport Workers Act, 1961 8. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9. The Contract Labour (Regulation & Abolition) Act, 1970 10. The Sales Promotion Employees (Conditions of Service) Act, 1976 The Sales Promotion Employees (Conditions of Service) Rules, 1976 11. The Inter-State Migrant Workmen (Employment and Conditions of Service) Act, 79 12. The Shops and Establishments Act 13. The Cinema Workers and Cinema Theatre Workers (Employment) Act, 1981 The Cinema Workers and Cinema Theatre Workers (Employment) Rules, 1984 The Cine Workers’ Welfare Fund Act, 1981 14. The Dock Workers (Safety, Health & Welfare) Act, 1986 15. The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 16. The Dock Workers (Regulation -Employment) (inapplicability to Maj Ports) Act, ‘97 17. The Mica Mines Labour Welfare Fund Act, 1946 18. The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 19. The Beedi Workers Welfare Fund Act, 1976 20. The Beedi Workers Welfare Cess Act, 1976 21. The Iron Ore, Manganese Ore & Chrome Ore Mines Labour Welfare Fund Act, 1976 22. The Iron Ore, Manganese Ore & Chrome Ore Mines Labour Welfare Cess Act, 1976 23. The Cine Workers Welfare Fund Act, 1981 24. The Cine Workers Welfare Cess Act, 1981 25. The Emp’men of Manual Scavengers and Construction of Dry latrines prob Act, 1993 26. The Coal Mines (Conservation and Development) Act, 1974 Laws related to Equality and Empowerment of Women 1. The Maternity Benefit Act, 1961 2. The Equal Remuneration Act, 1976 Laws related to Deprived and Disadvantaged Sections of the Society 1. The Bonded Labour System (Abolition) Act, 1976 2. The Child Labour (Prohibition & Regulation) Act, 1986 Laws related to Social Security
1. The Workmen’s Compensation Act, 1923 2. The Employees’ State Insurance Act, 1948 3. The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 4. The Payment of Gratuity Act, 1972 Laws related to Employment & Training 1. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959 2. The Apprentices Act, 1961 Others 1. The Fatal Accidents Act, 1855 2. The War Injuries Ordinance Act, 1943 3. The Weekly Holiday Act, 1942 4. The National and Festival Holidays Act 5. The War Injuries (Compensation Insurance) Act, 1943 6. The Personal Injuries (Emergency) Provisions Act, 1962 7. The Personal Injuries (Compensation Insurance) Act, 1963 8. The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988 9. The Public Liability Insurance Act, 1991 THE REFORMS AND LABOUR LAW
Reforms in Labour laws are being much talked in recent years. It is being advocated that all talk of liberalization is futile without squarely facing up to the imperative of labour reforms. These are an integral part of the economic reforms process itself. Other efforts at raising the standard of performance on the economic front to world class are
apt to stall if those managing enterprises find themselves hamstrung by outdated trade union laws and dilatory methods of adjudication of industrial disputes. For instance, the unwieldy number of adjudicating authorities — conciliation officers, conciliation boards, courts of inquiry, labour courts, industrial tribunals and the national industrial tribunal — under the Industrial Disputes Act and the complex procedures are out of sync with the essential pre-requisites for the success and even the survival of companies in a globally integrated economy. Productivity, customer service, cost-effectiveness, keeping to delivery schedules, technological up gradation and modernization have emerged as the criteria for judging the quality of management of companies, and labour reforms hold the key to increased competitiveness and investment flows in all these respects. The need for introducing labour market flexibility and simplifying labour laws has no doubt been emphasized by the President and Prime Minister of the country downwards from time to time. The case for labour reforms could not have been argued better than in this extract from the Economic Survey of 2005-06: "... Indian Labour Laws are highly protective of labour, and labour markets are relatively inflexible. These laws apply only to the organised sector. Consequently, these laws have restricted labour mobility, have led to capital-intensive methods in the organised sector and adversely affected the sector's long-run demand for labour". JUDICIAL SYSTEM IN INDIA
The judicial system in India is quite well-established and independent. The Supreme Court of India in New Delhi is the highest Court of Appeal. Each State has a High Court along with subsidiary District Courts, which enforce the rule of law and ensure fundamental rights of citizens, guaranteed by the Constitution of India.
India has a three-tier court system with a typical Indian litigation starting from a District Court and reaching its logical conclusion in the Supreme Court of India. The High Courts along with the various State level forums, situated mostly in the State capitals, constitute the middle rung of this three-tier system. District level courts are the courts of first instance in dispute resolution except in cases where they are prevented from being so by virtue of lack of pecuniary jurisdiction. Cases involving violation of fundamental rights are filed in respective High Court or Supreme Court. A number of special courts and tribunals have been constituted in India to deal with specific disputes: 1. Tax Tribunals 2. Consumer Dispute Redressal Forums 3. Insurance Regulatory Authority of India 4. Industrial Tribunals 5. Debts Recovery Tribunals 6. Company Law Board 7. Motor Accidents Claims Tribunals 8. Labour Courts WHERE TO FILE? Most of the labour disputes are referred to the Labour Courts/Industrial Tribunals through the Department of Labour under the respective State Government. The process for labour dispute starts with filing of a petition before Labour Conciliation Officer and in case no compromise is possible, the said officer sends a failure report to the Government. After consideration of the said report, the Government may send a reference to the Labour Court/Industrial Tribunal. In certain matters, the labour dispute can be directly filed in the court concerned. Labour Courts These courts are found in every district and they form the courts of original jurisdiction under which various labour laws and rules are enforced.
Appellate Labour Courts These courts hear only the Appeals and revisions originating from the judgements and orders of the subordinate original labour courts and officers, under the provisions of various labour and related laws. a) When an industrial dispute has been referred to a Labour Court for adjudication, it is the duty of the Labour Court to (i) Hold proceedings expeditiously, and (ii) To submit its award to the appropriate Government soon after the conclusion of the proceedings. b) However, no deadline has been laid down with respect to the time within which the completion of proceedings has to be done. Nonetheless, it is expected that these Courts hold their proceedings without getting into the technicalities of a Civil Court. c) It has been held that the provisions of Article 137 of the Limitation Act do not apply to reference of disputes to the Labour Courts. These Courts can change the relief granted by refusing payment of back wages or directing payment of past wages too. Court Fee No Court fee is payable on the petitions filed before Labour Courts and Industrial Tribunals. WHAT MATTERS FALL WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS?
1. Wages, including the period and mode of payment 2. Compensatory and other allowances 3. Hours of work and rest intervals 4. Leave with wages and holidays 5. Bonus, profit sharing, provident fund and gratuity 6. Shift working otherwise than in accordance with standing orders
7. Classification by grades 8. Rules of discipline 9. Retrenchment of workmen and closure of establishment WHAT MATTERS FALL WITHIN THE JURISDICTION OF LABOUR COURTS?
1. The propriety or legality of an order passed by an employer under the standing orders 2. The application and interpretation of standing order 3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully dismissed. 4. Withdrawal of any customary concession or privilege 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those being referred to Industrial Tribunals. STAGES OF ADJUDICATION IN LABOUR OR INDUSTRIAL DISPUTES
The first is receiving a reference from the appropriate Government or filing of the labour dispute in the Labour Court. The next step is sending notice to the Management and after filing of the response by them, the matter is fixed for adjudication. The fourth step is recording the evidence of the parties and hearing the arguments. It is appropriate to mention here that advocates cannot appear in Labour Courts/Industrial Tribunals, unless permitted.
The final conclusion of the dispute After hearing the parties, the Labour Court/Industrial Tribunal decides the dispute and the said final decision is called an Award. A copy of the award is to be published by the Labour Department as per rules. Copies of the same are also sent to the parties concerned. Execution of Awards In case the management does not comply with the terms of the award, the workman may pray for its execution by moving an application before the concerned Conciliation Officer. MEDIATION IN LABOUR DISPUTES
Mediation is an exercise of resolving a dispute by settlement with the help of a Mediator who is a neutral third party. The mediator may be: a) b) c) A judicial officer (retired or sitting judge) An Advocate An otherwise trained professional
When a sitting judicial officer acts as a mediator in a case, his services are available free of cost and without any other charges on any of the parties. ROLE OF THE MEDIATOR A mediator helps the parties in arriving at an amicable solution through negotiation. He facilitates the parties in reaching a mutually acceptable agreement.
The parties need not agree to the terms of settlement, if they are not satisfied. Judges and arbitrators make decisions that are imposed on parties but a mediator helps the parties to evaluate the probable outcome of a dispute and then leads them to an acceptable settlement. Process of Mediation A mediator meets both the parties in a joint mediation session. The initial meeting provides for: a) An introduction to the participants and the mediation process. b) An opportunity to discuss issues affecting settlement that are important for the mediator to know. c) An opportunity to determine what information would be helpful for the mediator to have at or in advance of the mediation. The joint session provides an opportunity for each participant, either directly or through counsel, to express their view of the case to the other participants and how they would like to approach settlement. The opening statements are intended to begin the settlement process, not to be adversarial or a restatement of positions. MEDIATION PROCEDURE
Formal procedures as in a Court or arbitration are completely absent in mediation proceedings. Both parties and their advocates participate freely without any set procedures or any rules of evidence. The absence of formality provides for an open discussion of the issues and allows a free interchange of ideas making it easier for the parties to determine their interest and fashion a solution accordingly. A mediator may,
if necessary, meet the disputing parties individually and in private. Such meetings are completely confidential and are intended to understand the needs of each participant and what prevents him or her from reaching a settlement. In these private meetings, the mediator often assists parties to prioritize their interest and options for settlement and to assess the relative strengths and weaknesses of their positions. Once a settlement is reached, the mediator records it with the signatures of the parties. Some important points in the Mediation Process a) All mediation proceedings are confidential. Documents generated for the mediation are also confidential and may not be introduced during a subsequent trial should the case not settle. b) Counsel and parties with settlement authority must attend mediation sessions. Certain exceptions may be granted for institutional parties or if a party is a unit of government. c) Unless the presiding judge indicates otherwise, referral of a case to mediation does not stay other proceedings in the case or alter applicable litigation deadlines. A judicial officer may, while referring a case to mediation, fix a time limit for completing the mediation process. ADVANTAGES OF MEDIATION METHOD FOR DISPUTE RESOLUTION (i) Procedures more satisfying results a) Helps settle all or part of the dispute much sooner than regular trial. b) Permits mutually acceptable solution that a court would not have the power to order c) Saves time and money d) Preserve ongoing business or personal relationships e) Increases satisfaction and thus results in a greater likelihood of a lasting resolution. (ii) Allows more flexibility, control and participation a) Tailors the procedures used to seek a resolution b) Broadens the interests taken into consideration c) Fashions a business-driven or other creative solution that may not be available from the court.
d) Protects confidentiality e) Eliminates the risks of litigation (iii) Enables a better understanding of the case a) Provides an opportunity for clients to communicate their views directly and informally b) Helps parties get to the core of the case and identify the disputed issues. c) Helps parties agree to exchange key information directly. (iv) Improves case management Narrows the issues in dispute and identifies areas of agreement and disagreement. (v) Reduces hostility a) Improves the quality and tone of communication between parties. b) Decreases hostility between clients and lawyers. c) Reduces the risk that parties will give up on settlement efforts. How to Initiate Mediation? Where both the parties agree in a pending case to try to get their dispute settled through Mediation, the Court will record the same and send the file to Mediation Centre.
? Analyse Manufacturing organization ? Make a list of national & state law applicable to your organization. ? Check if the organization is compliant with all the required laws: both national & state. ? Write down the necessary steps to be followed if they are Non – compliant. ? If they are compliant, list the various reports being submitted.
CNC Manufacturing Organization India covers over 17, 00,000 lives and has organized itself in a manner that helps achieve the highest levels of efficiency, communication and most importantly, employee satisfaction. Moreover they are committed to improving the Manufacturing experience for everyone involved: the insurer who provides the cover and benefits, the employers who purchase it, the manufacturing provider who delivers it and most of all, the employees and plan members who use it. It is company in evolution and they continue to find newer and better ways to deliver information and services to all employees. • Focus on improving processes, advancing technology, using knowledge and information, driving innovation and running disciplined operations. • Use technology to make services as efficient, effective and up-to-date as possible. • Continue to measure its own performance and make the results available to provide an objective assessment of how well they’re doing their job. Features of CNC-India CNC is a Pioneer in the Manufacturing service administration business, 17+ years in operations • They extend their services to some of the Largest Blue Chip MNC’s in India- 600,000+ lives, 100 corporate houses
• Operations extended through offices in 5 cities (Delhi, Mumbai, Chennai, Bangalore, Hyderabad) • Associated with over 2000 Manufacturing units and 500 Services centres across 20+ cities. • Leaders in Manufacturing Steel, Plastic, Metal Products across the country, with 4,000 Centres across india. • Specialization in Steel, Metal Designs for leading corporate houses. • Many firsts in the market- latest designs , Mouldings Patterns etc. MAJOR LINES OF BUSINESS:
CNC India has 2 major lines of Business operating; Steel & Iron - This caters predominantly to corporate clientele in India & across various countries abroad and works on behalf & for employer groups. It is here that they administer with premium services & other value added services. Metal Moulding Designs & patterns: it also services a few corporate clients. A new line of business launched in beginning of 2010 with a standard service offering. SERVICE PROFILE:
These are the following services offered by CNC India Ltd. • Iron & Steel Ore mining & Importing to various countries • Metal manufacturing Designs & Patterns services • Nationwide Provider Network • Implementing world class services to Top notch client s • Telephonic Help Desk (for critical orders for various Corp houses) • Liaison services with Govt Organizations. • Employee communications for orientation of the customer handling. • Health and Wellbeing Programs • Metal design Publications • Employee Assistance Programs (counselling and guidance) • Occupational Health Services
ORGANIZATION CNC INDIA : DEPARTMENTS, SIZE, STRUCTURE AND DESIGN
• ACCOUNT MANAGEMENT • ADMINISTRATION • CALL CENTRE • CLAIMS SERVICES • FINANCE & ACCOUNTS • HUMAN CAPITAL • INFORMATION TECHNOLOGY • BACK GROUND CHECK DEPARTMENT • NETWORKS • PRODUCTS & MARKETING • SALES • TRANSACTION PROCESSING SIZE: CNC is a medium sized organization with the head office being in Singapore. The business and the strategy, including the HR operations takes place at the Asia Pacific headquarters which is at Hyderabad. It has 5 centres across India, operations extended through offices in 15 cities (Delhi, Mumbai, Chennai, Bangalore, Pune, Hyderabad, The
current strength at the Hyderabad office is about 200 employees under various departments mentioned earlier. The total headcount would be around 285 STRUCTURE: CNC follows a complex structure with horizontal differentiation and decentralised style of decision making. Horizontal differentiation refers to the degree of differentiation between units based on the orientation of members, the nature of the tasks they perform and their education and training. Decentralization is associated with high complexity. IMPORTANT LABOUR LEGISLATIONS APPLICABLE TO AN INDIAN HEALTHCARE INDUSTRY
IN ANDHRA PRADESH:
Labour laws - National & State (AP) compliance for CNC Manufacturing Organization
Sl
1 2 3 4 5 6 7 8 9
LABOUR LAWS - Applicable to the Organisation
THE APPRENTICES ACT , 1961 & APPRENTICESHIP RULES, 1991
PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES,
Whether
Applicable or Not
Whether Compliant or not
NA Y Y Y Y
NA Y N Y Y Y Y Y N Y N N N Y NA N N Y Y Y
1972
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 & ITS CENTRAL RULES, 1971 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 EMPLOYMENT EXCHANGES( COMPULSORY NOTIFICATION OF VACANCIES) ACT 1959
,
Y Y Y Y Y Y Y Y Y NA Y Y Y Y Y
CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986
EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 & THE
SCHEMES PROVIDED THERE UNDER TRADE UNIONS ACT, 1926 & CENTRAL TRADE UNION REGULATIONS,1938 INDUSTRIAL DISPUTES ACT, 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES,
10 1957
11 EQUAL REMUNERATION ACT, 1976 & EQUAL REMUNERATION RULES,1976 12 13 MINIMUM WAGES ACT, 1948 & BIHAR MINIMUM WAGES RULES 14 REGULATIONS, 1950
EMPLOYEES STATE INSURANCE ACT, 1948 & EMPLOYEES STATE INSURANCE THE WORKMEN'S COMPENSATION ACT, 1923
15 CONDITIONS OF SERVICE ) ACT, 1979
INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT &
16 PAYMENT OF BONUS ACT, 1965 & PAYMENT OF BONUS RULES, 1975 17 PAYMENT OF WAGES ACT, 1936 & PAYMENT OF WAGES RULES, 1937 18 THE SHOPS & ESTABLISHMENT ACT, 1952 19 Andhra Pradesh LABOUR WELFARE FUND 20 PROFESSIONAL TAX 21 MATERNITY BENEFIT ACT,
Y = Yes N = No
Y Y NA = Not Applicable
THE DESCRIPTION & LIST OF FORMS FOR EACH OF THE LAWS THAT ENSURE COMPLIANCE (PLS REFER ATTACHED XLS IN ANNEXURE) ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------I. THE APPRENTICES ACT, 1961 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: The Act is applicable to every establishment, except to those specifically notified by the Central Government in the Official Gazette.
THE APPRENTICES ACT , 1961 & APPRENTICESHIP RULES, 1991 Sl Forms Required Description Of the Form Relevant Clause Schedule Of Submitting Authority Remarks Submission/ Within 15 days of the date of Regional Director/ State To be prepared in registration of Apprenticeship advisor duplicate contract of apprenticeship At the end of every Regional Director/ State this is kept inside half year Apprenticeship advisor Form 1 At the end of every Regional Director/ State half year Apprenticeship advisor In the month of Regional Director/ State November & May Apprenticeship advisor Regional Director/ State Apprenticeship advisor & The Principal, ITI where At the end of every Basic Trg./ Related half year Instructions is proposed to be imparted to the Apprentice Applicable only to Central Apprenticeship within 10 days of Graduate or Advisor/ Director, engagement of an Technician or Regional Board Of apprentice vocational Apprenticeship Training apprentices Quarterly Director, Regional Board Of Apprentiship Training
1
Form Apprenticeship- 1
Form giving personal details of Apprentices
Rule 14
2
Form Apprenticeship- 1A
Form Giving Record of Practical Training & Related Instructions
Rule 14
3
Form Apprenticeship- 2
4
Form Apprenticeship- 3
Report in respect of Trade apprentices receiving training in the Rule 14 establishment Form giving particulars of trade apprentices who satisfy the minimum Rule 14 conditions of eligibility to appear in the trade test in March or September
5
Form Apprenticeship- 4
Half Yearly return of Apprentices Engaged
Rule 14
6
Form Apprenticeship- 5
Form submitted on engagement of an Rule 14 apprentice
7
Form Apprenticeship- 6
Record Of Progress of Apprentices engaged in an establishment
Rule 14
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PAYMENT OF GRATUITY ACT, 1972 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • Every factory (as defined in Factories Act), mine, oilfield, plantation, port & railway. • Every shop or establishment to which Shops & Establishment Act of a state applies in which 10 or more persons are employed at any time during the year and • Any establishment employing 10 or more persons as may be notified by the Central Government. • Once Act applies, it continues to apply even if employment strength falls below 10. Eligibility: • Any person employed on wages/salary. • At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years. • In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service. Benefits: • The quantum of gratuity is to be computed at the rate of 15 days wages (7 days wages in case of seasonal establishments) based on rate of wages last drawn by the employee concerned for every completed year of service or a part thereof exceeding 6 month. • In case where higher benefit of gratuity is available under any gratuity Scheme of the Co, the employee will be entitled to higher benefit. Calculation of Gratuity: Gratuity = (Monthly Salary/26) x 15 days x No.of yrs of Service Gratuity will be taxable above 3,50,000 /- under the Income Tax Act.
PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES, 1972 S.No 1 2 3 4 Form Required Form A Form B Form C Form D Description Of the Form Notice Of Opening Relevant Schedule Of Submission/ Maintenance Clause Rule 3 (1) Submitting Authority Remark
Within 30 days from which the rules become Concerned controlling authority applicable of the area Within 30 days of any change in the Concerned controlling authority Notice Of Change Rule 3 (2) particulars of the establishment like name, of the area address or nature of business Atleast 60 days before the intended closure of Concerned controlling authority Notice Of Closure Rule 3 (3) the business of the area Notice for excluding husband from To be submitted by the employee to the employer in triplicate. The employer after receipt Rule 5 (1) family forwards a copy to the concerned controlling authority of the area.
5 6 7 8 9 10 11
Form E Form F Form G Form H Form I Form J Form K
Notice of withdrawal of notice for excluding husband from family
12
Form L
13
Form M
14
Form N
To be submitted by the employee withdrawing the notice in form D to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling To be submitted by the employee to the employer in duplicate. The employer within 30 Nomination Rule 6 (1) days of the receipt of nomination , verify with the service particulars and after attestation return back a copy to the employee. Fresh Nomination Rule 6 (3) To be submitted by the employee within 90 days of acquiring a family to the employer To be submitted by the employee to the employer , in cases including where a nominee Modification Of Nomination Rule 6 (4) predeceases an employee Application for gratuity by an To be submitted by the employee, eligible for payment of gratuity to the employer , within Rule 7 (1) employee 30 days from which the gratuity becomes payable. Application for gratuity by a To be submitted by the nominee of an employee to the employer within 30 days from the Rule 7 (2) nominee date of gratuity payable to him/her. For this purpose an application in plain paper may also Application for gratuity by a legal To be submitted by the legal heir of an employee, eligible for payment of gratuity , to the Rule 7 (3) heir employer, within 1 year from the date of gratuity payable to him/her On verification of claims made for payment of gratuity, the employer , within 15 days of receipt of an application , issue a notice to the applicant employee , his nominee or legal Notice for payment of gratuity Rule 8 (1) heir, specifying the amount of gratuity payable and fixing a date of payment not later than the 30th day of receipt of the application. On verification of claims made for payment of gratuity, if the claim is found inadmissible, Notice rejecting payment of gratuity Rule 8 (1) the employer may issue a notice to the applicant employee, his nominee or legal heir , specifying the reasons why the claim is found inadmissible In cases wherein the employer refuses to accept a claim application or issues a notice specifying a amount of gratuity which is considered less by the applicant or fails to issue a Application for direction Rule 10 (1) notice under rule 8, the claimant employee/ his nominee/ legal heir may within 90 days of occurrence of cause for application, apply in form N to the concerned controlling authority of the area for issuing a direction Rule 5 (2) Notice for appearance before the controlling authority Summons Particulars of application under Sec7 Notice for payment of Gratuity Rule 11 (1) Rule 14 On receipt of form N , the concerned controlling authority of the area may call upon the applicant and the employer to appear before him on a specified date, time and place. The controlling authority may , at any stage of proceedings, issue summons to the applicant or the employer to produce evidences, documents etc.
15 16 17
Form O Form P Form Q
Rule 16(1) The controlling authority to record the particulars of each case in form Q on subsequent verification of the genuineness of the claims made, the controlling authority to issue a notice , specifying to the employer , the amount of gratuity payable and directing the employer for payment of gratuity within 30 days of receipt of notice.
18
Form R
Rule 17
19
Form S
20
Form T
The controlling authority on receipt of the decision of the appellate authority, modify his Notice for payment of Gratuity as Rule 18(8) direction for payment of gratuity and issue a notice to the employer, specifying the determined by appellate authority modified amount of gratuity and directing payment within 15 days of receipt of notice by the employer. In situations wherein, the employer fails to pay the gratuity due under the act in Application for recovery of gratuity Rule 19 accordance with the notice of the controlling authority , the employee/his nominee/legal heir may apply to the controlling authority in duplicate for recovery Display of abstract of the act and rules Rule 20 The employer to display an abstract of the act and rules framed thereunder in English and a language understood by the majority of employees at a conspicuous place or near the main entrance of the establishment
21
Form U
FACTORIES ACT, 1948
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: The Act applies to any premises including the precincts there of• Whereon ten 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 without the aid of power, or is ordinarily so carried on, or • Whereon twenty 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 without the aid of power, or is ordinarily so carried on. Obligation: Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. Registration & Renewal of Factories: To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. Employment of Young Persons: • Prohibition of employment of young children. • Non-adult workers to carry tokens e.g. certificate of fitness. • Working hours for children not more than 4.5 hours & not permitted to work during night shift.
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950 S.N Form o Required 1 Form 1 2 Form 2 3 Form 3 Description Of the Form Application for permission to construct, extend or take into use any building as a factory Application for registration and grant or renewal of licence Notice of Change of Manager Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark
To be submitted to the Chief Inspector Of Factories, duly signed by the Occupier Of the factory before commencing the manufacturing process To be submitted by the Occupier/Manager to the Inspector Of Factories of the area concerned not later than the date on which the license expires Rule 12-A to be made by the occupier and submitted to the Chief Inspector Of Factories with the signature of the new manager and occupier appended To be granted by the Inspector Of Factories after verifying the correctness of the application. This licence shall remain valid upto 31st december of the year for which it is granted To be granted by the certifying surgeon to the young persons employed in a factory Temperatures recorded in a Hygrometer to be entered in this register. To be maintained with the dates on which white washing, colour washing, varnishing etc. are carried out.
4 Form 4
Licence to work a factory
Rule 5
5 Form 5 6 Form 6 7 Form 7 8 Form 8
Certificate Of Fitness Humidity Regsiter Record of Lime Washings, Paintings etc. Report of examination of pressure vessel
Rule 14-2(a) Rule 24 Rule 15
9 Form 9
Register Of Compensatory Holidays
Rule 77(4)
To be maintained by the manager in respect of compensatory holidays To be maintained by the manager of every factory in which workers are exempted under Sections 64 or 65
10 Form 10 Overtime Muster Roll for exempted workers Rule 78 11 Form 10-A Overtime Slip 12 Form 11 Notice Of Periods Of Work for Adult Workers Rule 79 13 Form 12 Register Of Adult Workers 14 Form 12-A Identity Card Of Workers Rule 80 Rule 80-A
To be exhibited by the Manager of every factory To be maintained in every factory To be issued to every worker with the signature of occupier/manager of the factory To be exhibited by the Manager of every factory To be maintained in respect of child workers employed To be maintained by the manager of every factory To be maintained by the manager in respect of dangerous operations Factory Inspector; SDO;Officer-InCharge of the nearest police station
15 Form 13 Notice of Periods of work for child workers Rule 85 16 Form 14 Register Of Child Workers 17 Form 15 Register Of Leave with wages 18 Form 16 Health Register Rule 86 Rule 87 Section 87
19 Form 17-A Notice Of Accident or dangerous occurrence Rule 96
Within 12 hours of occurrence of an accident
20 Form 18 Notice Of Poisoning or disease 21 Form 19 Abstract of the Act 22 Form 20 Annual Return 23 Form 21 Half Yearly Return
Rule 97 Rule 99 Rule 100(1) Rule 100(2)
To be sent by the manager of the factory as soons as any worker contacts any disease specified in the schedule to the Chief Inspector/ Inspector/Medical Inspector/Certifying Surgeon To be displayed in every factory To be furnished by the Manager to the Chief Inspector before 15th January of the year subsequent to which it relates To be furnished by the Manager to the Chief Inspector before 15th July of each year
24 Form 22 Muster Roll 25 Form 23 26 Form 24 27 Form 25 28 Form 26 29 Form 27
To be maintained by the manager of every factory in respect of workers employed in the factory To be maintained in every factory furnishing complete details in respect Register Of Accidents Rule 104 of every accident which may occur To be granted by the certifying surgeon in respect of persons employed in operations involving Special Certificate Of Fitness use of lead compounds Certificate Of Fitness for dangerous To be granted by the certifying surgeon in respect of persons employed Rule 96 operations in dangerous operations Register Of Surgeon's fees for the issue of To be maintained by the certifying surgeon or examining surgeon in Rule 14 duplicate certificate respect of fees paid for issue of a duplicate certificate To be handed over by the certifying surgeon or examining surgeon to the Certifying Surgeon's visit Note Rule 14 (9) Manager detailing the result of each visit to the factory Rule 103
30 Form 28 Diary Of Inspector Of Factories 31 Form 29 Closure Report Of a Factory 32 Form 30 Register of Water Sealed Gas Holder 33 Form 31 Rule 57-A To be maintained by the manager in respect of examination reports of the gas holders carried out by the person qualified to carry out the test To be submitted by the person carrying out the examination in the form of a report to the manager or the occupier. To be maintained in every factory carrying therein the name of every worker who may be employed in performing work specified in section 21 To be maintained by the manager, containing therein the certifcates issued to young persons. To be sent by the manager or occupier of the factory to the chief Inspector in respect of the manufacturing process carried out. To be sent by the manager/ occupier within 15 days from the date of examination.
Report of examination of water sealed gas Rule 57-A holders Register of trained adult male workers 34 Form 32 employed to carry out mounting or shifting Rule 59-A or belts, lubrications etc. Certificate to young persons considered fit 35 Form 33 to work at machine, plant or process of Rule 59-B(2) dangerous character 36 Form 34 Form Of Certificate Of Stability 37 Form 35 Record Of Eye Examination Rule 3-A Rule 59-C(4)
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Objective: To regulate the employment of contract labour in certain establishment and to provide for its abolition in certain circumstances and for matters connected therewith. Applicability: • Every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. • Every contractor who employs or who employed on any day of the preceding 12 months 20 or more workmen. • Registration of establishment: Principal employer employing 20 or more workers through the contractor or the contractor(s) on deposit of required fee in Form No. 1. • Licensing of Contractor: • Engaging 20 or more than 20 workers and on deposit of required fee in Form IV. • Valid for specified period of time. • Welfare measures to be taken by the Contractor: • Contract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained. • • • First-aid boxes. Rest-room. Facility of drinking water, washing facilities.
Responsibility of Contractor:
• To pay timely and to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. • Rate of wages not less than the rates as fixed or prevailing for such employment as fixed by agreement. Liability and rights of Principal Employer: • To ensure provision for canteen, rest-rooms, sufficient supply of drinking water, latrines and urinals, washing facilities. • Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable.
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 & ITS CENTRAL RULES, 1971 S.N Forms o Required Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks
1 Form I
Application For Registration of Establishments employing Rule 17(1) As & when required contract labour
application to be accompanied Registering Officer of by a DD showing payment of the area in which the fees for registration; establishment sought to application shall be personally be registered is located delivered or sent by registered post
2 Form II
Certificate Of Registration
Rule 18(1) Rule 18(3)
To be granted by the registering officer to the Principal Employer To be maintained by the Registering Officer showing particulars of establishments in relation to which certificates of registration have been issued To be submitted by the contractor for grant of a licence to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located As & when required Issued by the Principal Employer to the contractor
3 Form III Register Of Establishments
4 Form IV Application For Licence 5 Form V 6 Form V-A 7 Form VI 8 Form VI-A
Rule 21(1)
9 Form VI-B
Form Of Certificate By Rule 21(2) Principal Employer Application for the adjsutment Rule 24(1-A) of security deposit Form of licence granted by the Rule 25(1) Office Of the licensing officer Notice of Commencement/ Rule Completion Of Contract Work 25(2)(viii) by the licencee Notice Of Comencement/ Completion of contract work by Rule 81(3) the employer for each contractor
Application to be made by the Contractor to the licensing Officer To be granted by the licensing officer to the Contractor Within 15 days of commencement & completion of contract work Within 15 days of commencement & completion of contract work under each contractor Inspector appointed under Sec. 28 Inspector appointed under Sec. 28 To be submitted by the contractor To be submitted by the Principal Employer
To be applied to the licensing officer by the contractor within 30 days before the date on which licence expires application to be accompanied When conditions arise Registering Officer of by a DD showing payment of Application for temporary requiring the employment of the area in which the fees for registration; 11 Form VIII registration of establishments Rule 32(2) contract labour immediately establishment sought to application shall be personally employing contract labour and estimated to last not more be registered is located delivered or sent by registered than 15 days post Temporary Certificate Of 12 Form IX Rule 32(3) To be granted by the registering officer to the Principal Employer Registration 10 Form VII Rule 29(2) 13 Form X Application for temporary Licence Rule 32(2) To be submitted by the contractor for grant of a licence to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located
Application for renewal of licences
14 Form XI Temporary Licence 15 Form XII Register Of Contractors 16 Form XIII Register of Workmen employed by the contractor
Rule 32(3) To be granted by the licensing officer to the Contractor Rule 74 Rule 75 Rule 76 Rule 77 To be maintained By the Principal Employer To be maintained by the contractor in respect of each registered establishment where he employs contract labour To be issued by the contractor to each worker within 3 days of employment of worker To be issued by the contractor to the workman whose services have been terminated for any reason whatsoever
17 Form XIV Employment Card 18 Form XV Service Certificate 19 Form XVI Muster Roll 20 Form XVII Register Of Wages 21 Form XVIII
To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(i) contract labour To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(i) contract labour
To be maintained by the contractor in respect of each work on which he engages Register Of Wages cum Muster Rule Roll 78(1)(a)(i) contract labour
22 Form XIX Wage Slip 23 Form XX Register of deductions for damage or loss
Rule 78(1)(b)
To be issued by the contractor to the workmen atleast a day prior to the disbursement of wages( applicable when wage period is one week or more
To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(ii) contract labour To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(ii) contract labour To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(ii) contract labour To be maintained by the contractor recording therein the number of hours, and wages Rule 78(1)(a)(iii) paid for, overtime work, if any Rule 82(1) To be sent by the contractor in duplicate to the licensing officer not later than 30 days from the close of half year
24 Form XXI Register Of Fines 25 Form XXII Register Of Advances 26 Form XXIII Register Of Overtime Return to be sent by the contractor to the licensing officer Annual Return Of Principal 28 Form XXV Employer to be sent to the Registering Officer 27 Form XXIV
Registering Officer of Before 15th February the area in which the Rule 82(2) following the end of the year establishment sought to to which it relates be registered is located
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Object: To define the conditions of recruitment, discharge, disciplinary action, holiday, leaves etc. Applicability & Obligation:
• To every Industrial Establishment employing 50 or more workmen in Maharashtra and Gujarat State • To frame draft standing orders & submit them to certifying officer for certification within six months from the date of the applicability of the Act. • Once the Act is applicable, it continues to apply even if the no. of workmen falls below the statutory limit. Eligibility: To workmen doing manual or technical work, clerical or supervisory work and journalist in case of newspaper establishment.
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 S.N Form Description Of the Form o Required Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark
1 Form I
Draft Standing Orders
Section 3
2 Form II 3 Form III
Notice under Section 5 Register
Section 5 Section 8
this form is to be accompanied by a statement giving Within six months from the date on which Certifying particulars of the this act becomes applicable to an Officer workmen employed and establishment the name of the trade union to which they belong To be sent by the certifying officer, on receipt of draft standing orders to the trade union requiring any objections from their end To be maintained by the certifying officer. This contains a copy of all certified standing orders To be made by any person dsiring to prefer an appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of standing orders Any notice of discontinuance or of restarting of a shift working shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment. A copy of such notice to be given to the secretary of the registered union. to be maintained by every industrial establishment a service card duly attested by an authorised officer in respect of each workman in the form appended to these orders
4 Form IV
Appeal
Rule 7-A(1)
5 Form IV-A
Notice of changes in shift Rule 7-A of Schedule I working Standing order 1 of schedule I-B
6 Form V
Service Card proforma
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------EMPLOYMENT EXCHANGES (CNV) ACT, 1959 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------The Equal Remuneration Act is a gift of "the International Women's Year" to women workers. It is enacted to give effect to the provision of Article 39 of the Constitution of India which contains a directive principle of equal pay for equal work for both men an women. The Act provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment. The main provisions of the Act are as follows. Equal pay for equal work: No employer shall pay to any worker employed by him remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of similar nature. {Section 4(1)} No discrimination to be made while recruiting men and women: No employer shall make any discrimination against women while making recruitment for the same work or work of a similar nature. {Section 5} Exceptions: The provisions of the Act shall be inapplicable when special treatment is given to women under any law or when special treatment is accorded to women in connection with the birth of a child. {Section 15} Claims and Complaints: (a) Complaints with regard to the contravention of any provision of the Act and claims arising out of non-payment of wages at equal rates to men an women workers for the
same work or work of similar nature shall be heard and decided by an authority appointed by the appropriate Government. An appeal shall lie against any order of the authority to an appellate authority appointed by the appropriate Government {Section7} (b) Monies due from an employer arising of the decision of the authority or the appellate authority can be recovered by making an application under Section 33-C(1) of the Industrial Disputes Act, 1947. {Section 7(8)} Penalties: If any employer (a) makes any recruitment in contravention of the provisions of the Act, or (b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of the Act, he would be punished with fine upto Rs. 10000.00 {Section 10} Maintenance of Register: Every employer shall maintain in the prescribed form a register in relation to the workers employed by him. {Section 8 & Rule 6} What is meant by equality of work?: The equality of work is not based on the designation or the nature of work alone. There are several other factors, which are equally relevant. They are qualifications, responsibilities, reliabilities, experience, confidentiality, functional need and requirements commensurate with the position in the hierarchy.
EMPLOYMENT EXCHANGES( COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 S.N Form o Required Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark
Quarterly return to be submited to the 1 Form ER- 1 local employment exchange
Within 30 days of the due dates i.e. Rule 6 31st March, 30th June, 30th Local Employment Exchange September & 31st December
2 Form ER- 2
Occupational Return to be submitted to Rule 6 Biennial ( within 30 days of due date) Local Employment Exchange the local employment exchange Central /local Employment Exchange depending on the nature of vacancies
Requisition form to be used when Requisition 3 calling for applicants from form Employment Exchanges
Rule 4 As & when vacancies arise
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Objective: To regulate the conditions of the work of the children in certain employment. ‘Child’ means a person who has not completed his/her 14 years of age. Obligations & Prohibitions: • No child to be employed in occupation set forth in Part A of the Schedule or any workshop wherein any of the processes set-forth in part B of the Schedule is carried on. • Hours and period of work: • Not to exceed 3 hours
• Interval for rest: 1 hour • Spread over: not more than 6 hours inclusive of interval and the time spent for waiting • Not permitted to work between 7 pm to 8 am. • Not permitted to work on overtime. • Weekly Holidays: One whole day, not to be altered more than once in three months. • Display of Notice: Containing an abstract of Section 3 pertaining to prohibition of employment of children and the provisions for penalties.
CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986 S.N Form o Required Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks Shall be retained by the employer for a period of three years
1 2
To be maintained by every occupier of Form A an establishment in respect of children Rule 16(1) employed or permitted to work Form B Certificate of Age Rule 17(2)
Yearly
..
As & when felt necessary
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability:
• Every establishment which is a factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed and • Any other establishment employing 20 or more persons which Central Government may, by notification, specify in this behalf. (Infancy period of 3 years has been withdrawn by ordinance, w.e.f. 22-9-97) • Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act. Eligibility: Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. Benefits: Employees covered enjoy a benefit of Social Security in the form of an unattachable, unwithdrawable (except in severely restricted circumstances like buying house, marriage/education etc.) Financial nest egg to which employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employees' Pension Scheme and Employees' Deposit Linked Insurance Fund.
S.N o 1 Form 2 EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 & THE SCHEMES PROVIDED THEREUNDER Schedule Of Submission/ Submitting Form Required Description Of the Form Relevant Clause Maintenance Authority Declaration & Form of nomination for EPF / 33(EPF);18(EPS); As & when a new entrant joins the Concerned RPFC Pension/ IF to be filled in by the eligible employee 10(EDLI) scheme
Remark
2 Form 3A/ Form 7 (PS)
Members' Annual Contribution Cards
Consolidated return of employees entitled to 3 Form 9/Form 3(PS)/ Form 1(IF) become members of the funds on the date of application of the scheme Return of employees qualifying for membership 4 Form 5 / Form 4(PS)/Form 2 (IF) under PF, Pension & Insurance Fund for the first time during the month Return of employees leaving the service of the 5 Form 10 / Form 5(PS) employer during the month 6 Form 5-A Return of ownership in duplicate
7 Form 12-A/ Form 6 (PS)/ Form 4 (IF) Consolidated Statement Of Dues and Remittance 8 Form 6-A/ Form 8 (PS) 9 Form 13 Consolidated Annual Contribution statement
35,42,43,44(EPF); By 30th April every year for the 19(EPS) year ending 31st March 36(EPF); within 15 days of the 20(EPS); commencement of the scheme 10(EDLI) 36(EPF); within 15 days of the close of 20(EPS); month 10(EDLI) 36(EPF) ; within 15 days of the close of 20(EPS) month Immediately on coverage & within 36A(EPF); 15 days of making any change in 21(EPS); 1(EDLI) the establishment 38(EPF);20(EPS); within 20 days of the close of the 10(EDLI) month 43(EPF) ; By 30th April every year for the 20(EPS) year ending 31st March As and when required As and when required within 15 days of the close of month As and when required
Concerned RPFC Concerned RPFC
Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC
Form concerning transfer of previous 28(EPF) accumulation dues from existing PF Details of past employment / membership of 10 Form 11 employee Remittance of PF contribution, Pension fund, Challan ( there is one consolidated 11 Administration & Inspection Charges, EDLI & its challan of accounts 1,2,10,21 & 22 ) admin. Charges 12 Form- 10 C Form to be used by a member of EPS 1995 for claiming withdrawal benefit / Scheme Certificate Form to be used for claiming superannuation pension, Retirement pension, Short Service Pension, Disablement pension, Widow Pension, Children Pension, Orphan Pension Claim form to be used by a major member of the EPF scheme Claim form to be used by a nominee/ or a legal heir in case of death of a member of the EPF scheme
Concerned RPFC
13 Form- 10 D
As and when required
Concerned RPFC
14 Form- 19 15 Form- 20
As and when required As and when required
Concerned RPFC Concerned RPFC
TRADE UNIONS ACT, 1926
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------S.N Forms o Required 1 Form A TRADE UNIONS ACT, 1926 AND CENTRAL TRADE UNION REGULATIONS, 1938 Schedule Of Submission/ Submitting Description Of the Form Relevant Clause Maintenance Authority Application for registration of trade union Register of trade unions Certificate of Registration of Trade Union Annual Return For the year ending 31st March Section 5 & Regulation 3 As & when a trade union comes into existence
Remark
The application to be Registrar of accompanied by a copy of the Trade Unions rules of trade union and other particulars
2 3 4
Form B Form C Form D
Section 8 & Regulation 4 Section 9 & Regulation 5
To be maintained by the Registrar of trade unions, up to date To be issued by the Registrar Of Trade Unions on registering a trade union Registrar of Trade Unions
Section 28 & Regulation 12 By 31st July each year
INDUSTRIAL DISPUTES ACT, 1947 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INDUSTRIAL DISPUTES ACT, 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 S.N Form Relevant Description Of the Form Schedule Of Submission/ Maintenance Submitting Authority o Required Clause Form of application for the reference of an Labour Secretary, GOI/Chief As & when a dispute is sought to be industrial dispute to a board of 1 Form A Rule 3 Labour Commissioner/RLC( referred conciliation/court of enquiry/labour C)/ALC( C) court/national tribunal To be issued by the Labour Secretary to the parties requiring them to 2 Form B Notice to represent persons on board Rule 6 nominate a certain no. of persons to represent them on board 3 Form C Agreement As & when a dispute ought to be Rule 7 referred for arbitration Labour Secretary, GOI/Chief Labour Commissioner/RLC( C)/ALC( C)
Remark
4
Form D Summons
To be issued by a board/court/labour court/tribunal/national tribunal Rule 17 which requires the parties to produce any books, documents for purposes of investigation As & when a change ought to be Rule 34 effected Labour Secretary, GOI/Chief Labour Commissioner /RLC( C)/ALC( C)/Secretary of registered trade union
5
Notice of change of service conditions Form E proposed by an employer
6 Form F Form Of Authority 7 Form G Form Of Nomination Paper Progress Report on Constitution and 8 Form G-1 functioning of Works Committee for the half year ending 30th June/31st Dec 9 Form H Form for memorandum of settlement
to be sent to the concerned authority giving the names of representatives To be delivered to the employer nominating a candidate for election to the works' Rule 47 committee, duly signed by the proposer and the candidate Rule 36 Rule 56-A Not later than 20th day of the month ALC( C) following the half year To be sent to Labour Secretary, GOI/Chief Labour Commissioner/RLC( C)/ALC( C) duly signed by the parties to the proceedings.
Rule 58
10 Form I Complaint under Section 33-A of the act
every complaint to be verified and to be presented in triplicate and to be accompanied by as many copies as there are opposite parties to the Rule 59 complaint. The complaint ought to be presented before the labour court/tribunal/National Tribunal Rule 60(1) to be made by the employer seeking express permission in writing of the Conciliation officer/board/labour court/ tribunal/ national tribunal
11 Form J Application for permission
to be made by the employer seeking express permission in writing of Application for permission under Section 12 Form K Rule 60(2) the Conciliation officer/board/labour court/tribunal/national tribunal for 33 any action taken under Section 33-2(a) or (b) to be made by the workman or group of workmen to the Labour Rule 62(1) Secretary/ RLC when any money is due from an employer to a workman or group of workmen
13 Form K-1 Application for recovery of dues
to be made by a person authorised in writing by the workman or in the Application by a person authorised by a case of death of workman, the assignee or heir of the deceased 14 Form K-2 workman or heir of deceased workman for Rule 62(1) workman to the Labour Secretary/ RLC when any money is due from an recovery of dues employer to a workman or group of workmen 15 Form K-3 Application to the labour court to receive To be made by a workman or group of workmen to the labour court to Rule 62(2) entitlements receive entitlements due from an employer
Application to the labour court by a person Rule 62(2) authorised by a workman or heir of deceased workman to receivegiven by Form of notice of strike to be entitlements 17 Form L Rule 71 Union/Workmen in a Public Utility Service Form Of Notice of Lock Out to be given by 18 Form M an employer carrying on a Public Utility Rule 72 Service 16 Form K-4 Form of Report of Strike or Lock Out in a 19 Form N Public Utility Service 20 Form O Register Of Settlements 21 Form O-1 Notice of comemncement of lay-off 22 Form O-2 Notice Of Termination of lay off Rule 73 Rule 75 Rule 75-A Rule 75-A
To be made by the assignee or heir of the deceased workman to the labour court to receive entitlements due from an employer To be made by Union/Workmen to the employer, with copy to ALC (C )/ RLC( C)/ CLC(C ) To be made by the Employer with a copy to The Secretary of the Registered Union/ ALC(C )/RLC( C)/CLC( C) Information in this form to be submitted immediately on the occurrence of strike or lock out in a public utility service to the ALC(C ) for the local area concerned To be filed by the conciliation officer in respect of settlements effected under 7 days in respect of areas within RLC( C) with a within this actof commencement of lay his jurisdiction copy forwarded off to ALC( C) RLC( C) with a copy forwarded within 7 days of termination of lay off to ALC( C)
Form of application for permission to lay to be sent to the concerned authority and sent through registered post off, to continue the lay off of workmen in 23 Form O-3 Rule 75-B(1) acknowledgement due Industrial establishments to which provisions of Chapter V-B of the act applies 24 Form P Form of Notice of Retrenchment to be given by an employer under clause © of section 25(F) of this act Form of Notice of Retrenchment to be given by an employer under clause (d) of section 25(N) of this act Form of notice of closure to be given by an employer under Section 25-FFA of The Industrial Disputes Act1947 Form of notice of closure to be given by an employer under Section 25-O(1) of The Industrial Disputes Act1947 To be given within 3 days from the date Central Government/ RLC( C)/ Rule 76 on which notice is served to the ALC( C)/concerned workman employmeny exchange Rule 76-A(1) to be served by the employer to the central govt. or such authority as specified under the act to be sent by the employer to the Labour Secretary(GoI)/ RLC(C )/ALC( C)/Local Employment Exchange to be served by the employer to the Labour Secretary(GoI) with a copy to the Registered Trade Union of the establishment
25 Form P-A
26 Form Q
Rule 76-B
27 Form Q-A
Rule 76-C(1)
EQUAL REMUNERATION ACT, 1976
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------The Equal Remuneration Act is a gift of "the International Women's Year" to women workers. It is enacted to give effect to the provision of Article 39 of the Constitution of India which contains a directive principle of equal pay for equal work for both men an women. The Act provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment. The main provisions of the Act are as follows. Equal pay for equal work: No employer shall pay to any worker employed by him remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of similar nature. {Section 4(1)}
No discrimination to be made while recruiting men and women: No employer shall make any discrimination against women while making recruitment for the same work or work of a similar nature. Exceptions: The provisions of the Act shall be inapplicable when special treatment is given to women under any law or when special treatment is accorded to women in connection with the birth of a child. {Section 15} Claims and Complaints: (a) Complaints with regard to the contravention of any provision of the Act and claims arising out of non-payment of wages at equal rates to men an women workers for the same work or work of similar nature shall be heard and decided by an authority
appointed by the appropriate Government. An appeal shall lie against any order of the authority to an appellate authority appointed by the appropriate Govt {Section 7} (b) Monies due from an employer arising of the decision of the authority or the appellate authority can be recovered by making an application under Section 33-C(1) of the Industrial Disputes Act, 1947. {Section 7(8)} Penalties: If any employer (a) makes any recruitment in contravention of the provisions of the Act, or (b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of the Act, he would be punished with fine upto Rs. 10000.00 {Section 10} Maintenance of Register: Every employer shall maintain in the prescribed form a register in relation to the workers employed by him. {Section 8 & Rule 6} What is meant by equality of work?: The equality of work is not based on the designation or the nature of work alone. There are several other factors, which are equally relevant. They are qualifications, responsibilities, reliabilities, experience, confidentiality, functional need and requirements commensurate with the position in the hierarchy.
EQUAL REMUNERATION ACT, 1976 & EQUAL REMUNERATION RULES, 1976 S.N Forms o Required 1 Form A Description Of the Form Relevant Schedule Of Submission / Submitting Authority Clause Maintenance As & when needed Remark
Form of complaint under clause (a) of sub section Rule 3(1) (1) of section 7 of the act Claim form under Section 7(1) of the act Rule 4(1)
Appropriate authority appointed To be submitted in under Section 7(1) triplicate Appropriate authority appointed To be submitted in under Section 7(1) triplicate Appropriate authority appointed under Section 7(1)
2 Form B 3 Form C 4 Form D
As & when needed As & when needed
Form Of Authority in favour of legal practitioner or Rule 5 any official of a registered Trade Union Register to be maintained by the Employer Rule 6
To be maintained up to date ---
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------WORKMEN'S COMPENSATION ACT, 1923 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: Employer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent on hire to another person, then means such other person. Eligibility: Any workman who is injured by accident arising out of and in the course of this employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation. Benefits: Amount of compensation shall be payable by the employer:
• Where death results from injury 40% of monthly wages x relevant factor or Rs.20, 000 whichever is more. • Where permanent total disablement results from the injury 50% of monthly x relevant factor or Rs.24,000 whichever is more (relevant factor depends upon the age of a workman) • Where permanent, partial disablement or temporary disablement results from injury as per prescribed schedule. *** This act is not applicable if ESIC is deducted.
WORKMEN'S COMPENSATION ACT, 1923 & WORKMEN'S COMPENSATION RULES, 1924 S. Forms No Required Description Of the Form Relevant Schedule Of Submission / Maintenance Clause
Rule 6(1) Rule 6(1)
Submitting Authority
1 Form A Deposit of compensation for fatal accident Deposit of compensation for non fatal accident to a woman or person under legal disability 3 Form B Receipt for compensation 4 Form C Statement of disbursements 2 Form AA 5 Form D
To be submitted by the employer as & when The Workmen's Compensation Commissioner an injury resulting in death occurs.
to be submitted by the employer as & when The Workmen's Compensation an injury occurs. Commissioner Rule 6 To be given by the Commissioner to the employer on receipt of form A or B Rule 6(3) To be furnished by the Commissioner to the employer on receipt of application to be submitted by the employer as & when The Workmen's Compensation Commissioner an injury occurs.
Deposit of compensation for non-fatal accidents, other Rule 9 than to a woman or person under legal disability Rule 9
6 Form E Receipt for compensation 7 Form EE Report of fatal accidents 8 Form F Application for compensation by workman 9 Form G Application for order to deposit compensation 10 Form H Application for commutation
To be given by the Commissioner to the employer on receipt of form D Within 7 days of death or serious bodily The Workmen's Compensation Rule 11 injury Commissioner Rule 20 to be made by the applicant and sent to the commissioner Rule 20 to be made by the applicant and sent to the commissioner Rule 20 to be made by the applicant and sent to the commissioner
11 Form J Notice 12 Form JJ Notice 13 Form K 14 Form L 15 Form M
Rule 39 To be issued by the commissioner to the applicant for compensation Rule 39(3) To be issued by the commissioner to the applicant for compensation
Memorandum Of Agreement concerning injury resulting Rule 48 To be sent by the employer to the commissioner in temporary disablement Memorandum Of Agreement concerning injury resulting Rule 48 To be sent by the employer to the commissioner in permanent disablement Memorandum Of Agreement concerning injury resulting Rule 48 To be sent by the employer to the commissioner in temporary disablement Rule 49 To be issued by the commissioner to the parties concerned on receiving a memorandum of agreement
16 Form N Notice to record memorandum of agreement
17 Form O Notice to not record memorandum of agreement
To be issued by the commissioner to the parties concerned on receiving a Rule 49 & memorandum of agreement , stating reasons for failure to record the 50 memorandum of agreement To be issued by the commissioner to the parties stating a date for hearing the Rule 50 parties and giving them an opportunity to show cause why the said agreement ought to be registered. To be issued by the commissioner to the parties stating a date for hearing the parties and giving them an opportunity to show cause why the said agreement Rule 50 ought to be registered and directing them to make all representations on the scheduled date Rule 52 To be maintained by the commissioner up to date
18 Form P Notice of show cause
19 Form Q Notice of show cause
20 Form R Register Of Agreements
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------MINIMUM WAGES ACT, 1948 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Applicability: Any person who directly or through another person, whether for himself or for any other person employs one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this act, Eligibility: Any person who is employed for hire or reward to do any work in a scheduled employment and includes an outdoor worker to whom any articles or materials are given for either doing some work either at home or any other premises. Benefits: The Act prescribes the minimum rates of wages payable to employees for different scheduled employments for different class of work and for adults, adolescents, children and apprentices depending upon different localities.
MINIMUM WAGES ACT, 1948 & BIHAR MINIMUM WAGES RULES S.No Form Required 1 2 3 4 5 6 7 8 Form I Form II Form III Form IV Form V Form VI Form VI- A Form VII Description Of Submitting Relevant Clause Schedule Of Submission/ Maintenance Remark the Form Authority Rule 21(4) Register Of Fines Ought to be up to date Register of deductions for damage or loss Rule 21(4) caused to the employer, by the neglect or Ought to be up to date default of the employed persons Rule 21(4-A) Annual Return By Ist February each year Rule 25(2) Register Of Overtime Ought to be up to date Rule 26(5) Muster Roll Ought to be up to date Form Of Application by an employee regarding any claim preferred by the employee/ inspector/official of registered Section 20(2) trade union/legal practitioner may apply Form for a single application in respect of any number of employees employed in scheduled employment. Section 21(1) Authority Form of application by an Inspector or person to be presented within 6 months from appointed Section 20(2) acting with the permission of authority the date of payment of minimum wages under the act. Authority Form in authority in favour of a legal to be presented within 6 months from Section 20(2) appointed practitioner/official of a registered trade union the date of payment of minimum wages under the Form Of Summons to the opponent to appaear When an application under section 20 is entertained , the authority Section 20(3) before the authority shall hear the applicant & the employer. Abstracts of the Minimum Wages Act, 1948 & Rule 22 To be displayed at the factory premises the Bihar Minimum wages Rules, 1951 Ought to be up to date for every wage Rule 26(1) Register Of Wages period Rule 26(2) Wage Slip Ought to be issued every wage period
9 10 11 12 13
Form VIII Form IX Form IX-A Form X Form XI
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------EMPLOYEES’ STATE INSURANCE ACT, 1948
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • All factories excluding seasonal factories employing 10 or more persons & working with power. • All factories excluding seasonal factories employing 20 or more person & working without power. • Any establishment which the Government may specifically notify as being covered. • Shop Employing 20 or more persons. Note: As soon as the above conditions are fulfilled the employer should furnish the details in Form – 01 to ESI office for registration under the ESI Act, 1948 & Obtaining of the employer's Code No. Eligibility: • Any person employed for wages (upto Rs. 7500) a month, excluding remuneration for overtime work in or in connection with the work of a factory or establishment and • Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory. Benefits: • Free medical treatment is offered to covered employees at hospital and dispensaries run by the ESI Corporation. • About 7/12th of employees normal wage will be payable to him by ESI during sickness. • Maternity benefit for 12 weeks of which not more than 6 weeks should be preceding confinement.
• Injury during/in course of employment resulting in temporary/permanent disablement entitles the covered employee to a regular payment to substitute his lost wages. • Death during course of employment entitles specified dependents to a regular payment. One time payment of Rs. 2,500 to help meet funeral expenses.
EMPLOYEES STATE INSURANCE ACT, 1948 & EMPLOYEES STATE INSURANCE REGULATIONS, 1950 S.N Form o Required 1 2 Form I Description Of the Form Declaration Form Relevant Clause Schedule Of Submission/ Maintenance Regulation 11 & 12 Regulation 15-A Submitting Authority
to be filled in by the employee with his signature or thumb impression and submit it to the employer to be filled in by the employee and submitted back to the employer , who shall forward the same to the appropriate office within 10 days from the date of submission by the employee
Form I-A Family Declaration Form
3
to be submitted by the insured person to the employer within 15 days of such changes Form I-B Changes in family declaration form Regulation 15-B occurring and the employer in turn would forward the same to the appropriate office within 10 days of receipt.
4 Form 3 Return of declaration forms 5 Form 4 Identity Card 6 Form 4-A Family Identity Card
Regulation 14 Regulation 17
to be sent by the employer to the appropriate office within 10 days of receipt of the filled up forms to be issued by the appropriate office in respect of all insured employees, and send the same to the employer, who shall issue the same to the concerned employee after obtaining the signature in the card
Regulation 95-A to be arranged by the appropriate office and necessary family particulars added in Form 4 to be sent by the employer in quadruplicatealongwith receipt copies of challans to the appropriate office within 42 days of termination of related contribution period; within 21 days of permanent closure of the factory; within 7 days of the date of receipt of requisition from the appropriate office to be maintained by the employer in respect of every employee of his factory or establishment
7 Form 6 ESIC-Return of Contributions
Regulation 26
8 Form 7 Register Of Employees 9 Form 8 First Certificate
Regulation 32
Regulation 57 & this medical certificate is to be issued by the insurance medical officer during the first examination in respect of a spell of sickness or a spell of temporary disablement 89-B to be issued by the insurance meddical officer, when he feels that not later than 3 days of Regulation 58 & the date of examination(other than a first certificate) the insured employee would be fit to 89-B resume duties to be submitted by the insured person within 7 days (commencing from the date of first Regulation 59 & certificate) in cases wherein the final certificate is not issued within 7 days of issue of first 89-B certificate
10 Form 9 Final Certificate
11 Form 10 Intermediate Certificate
to be furnished by the insured person in cases wherein the insurance medical officer feels Regulation 61 & 12 Form 11 Special Intermediate Certificate that temporary disablement has continued for not less than 28 days and such disablement 89-B is likely to continue for a longer period to be submitted by the insured person desirous of claiming sickness or temporary Sickness or Temporary 13 Form 12 Regulation 63 disablement benefit to the appropriate local office by post or otherwise alongwith Disablement Benefit appropriate medical certificates 14 Form 12-A Maternity Benefit for sickness to be submitted by every insured woman claiming maternity benefit in case of sickness Regulation 89-B arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise
to be submitted by the insured person or insured woman desirous of claiming sickness or Sickness or Temporary Regulation 63 & temporary disablement benefit to the appropriate local office by post or otherwise alongwith 15 Form 13 Disablement Benefit or Maternity 89-B appropriate medical certificates Benefit for sickness to be submitted by every insured woman claiming maternity benefit in case of sickness 16 Form 13-A Maternity Benefit for sickness Regulation 89-B arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise to be submitted by the insured person or insured woman desirous of claiming sickness or Sickness or Temporary 17 Form 14 Disablement Benefit or Maternity Regulation 63 temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates Benefit for sickness 18 Form 14-A Maternity Benefit for sickness to be submitted by every insured woman claiming maternity benefit in case of sickness Regulation 89-B arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise Regulation 66 To be maintained by the employer in which appropriate particulars of any accident causing personal injury to an insured person may be entered and preserved every such book for a period of five years.
19 Form 15 Accident Book
to be furnished by the employer to the nearest local office and to the nearest insurance medical officer immediately if the injury is serious Dependant's benefit - Death Regulations 79 & To be issued free of charge by the Insurance Medical Officer attending the disabled person 21 Form 17 at the time of his death Certificate 95-C To be submitted by the dependant or dependants concerned or by the legal representative 22 Form 18 Dependant's benefit - Claim Form Regulation 80 of the insured member with all supporting documents to the appropriate local office by post or otherwise 20 Form 16 Accident Report from Employer Regulation 68 23 Form 18-A 24 Form 19 To be submitted by the dependant whose claim for dependant's benefit is admitted, to the Dependant's Benefit - Claim Form Regulation 83-A local appropriate office except in the case of first and final payments for periodical Payments
Maternity Benefit - Notice of Regulation - 87 To be submitted by an insured woman before confinement to the local appropriate office Pregnancy Maternity Benefit - Certificate of 25 Form 20 Regulation - 87 To be submitted by an insured woman before confinement to the local appropriate office Pregnancy Maternity Benefit - Certificate of To be submitted by every insured woman claiming maternity benefit before confinement not 26 Form 21 Regulation - 88 Expected Confinement earlier than 15 days before the expected date of confinement
27 Form 22 Maternity Benefit - Claim Form
To be submitted by every insured woman to the local appropriate officestating therein the Regulation 88 & date on which she ceases to work for remuneration and if the insured woman is claiming maternity benefit for miscarriage the claim form ought to be submitted within 30 days of the 89 date of miscarriage.
Maternity Benefit - Certificate of Regulation 88 & To be submitted by every insured womanwothin 30 days of the date on which her Confinement or Miscarriage 89 confinement takes place to the local appropriate office To be furnished by an insured woman who has claimed maternity benefit, if she does work 29 Form 24 Maternity Benefit - Notice Of Work Regulation 91 for remuneration on any day during the period for which maternity benefit would be payable to her. Maternity Benefit after the death of To be submitted by the nominee or legal representative of the insured woman to the local Form 24-A an insured woman leaving behind 30 Regulation 89-A appropriate office, a claim for maternity benefit within 30 days of the death of the insured & 24-B the child / Maternity Benefit- Death woman, together with a death certificate in 24-B Certificate To be submitted by an insured person declared as permanently disabled by a Medical Claim for Permanent Disablement 31 Form 25 Regulation 76-A Board to the local appropriate office by post or otherwise Benefit 28 Form 23 32 Form 25-A Funeral Expenses Claim Form Certificate for permanent 33 Form 26 disablement benefit Declaration & Certificate for Dependant's Benefit Regulation 95-E To be submitted by the claimant entitled, to the local appropriate office and in case of a minor, by his guardian and the form ought to be submitted with all supporting documents
34 Form 27
To be submitted by every person whose claim for permanent disablement has been Regulation 107 admitted at six monthly intervals, a certificate attested by such authority as may be specified by the director general To be submitted by every person whose claim for dependant's benefit has been admitted at Regulation 107-A six monthly intervals , duly attested by such authority as may be specified by the director general To be furnished by every employer to the appropriate office, such particulars & information Regulation 52-A in respect of abstention of an insured person from work for which sickness benefit or disablement benefit for temporary disablement have been claimed or paid To be furnished by every employer to the appropriate office, such particulars & information Regulation 52-A in respect of abstention of an insured woman from work for which maternity benefit hass been claimed or paid
PAYMENT OF BONUS ACT, 1965
35 Form 28 Abstention Verification
36 Form 28-A Abstention Verification
Applicability:
• Every factory (as def. in factories Act), and (b) Every other establishment in which 20 or more persons (less than 20 but 10 or more if appropriate govt. notifies) are employed on any day subject to certain exemptions. • Employees' drawing remuneration of Rs. 3,500/- or more and those who have worked for less than 30 days are not eligible to receive bonus under the Act. • Bonus to be paid within eight months from the expiry of the accounting year. Eligibility: • Every person (other than an apprentice) drawing salary up to Rs.3,500 per month. • Every person drawing salary between Rs.2,501/- and Rs.3,500/- per month. The bonus payable to him is to be calculated as if his salary were Rs.2500/- p.m. Benefits: • Subject to other provisions: - Minimum bonus shall be 8.33 % of salary/wages earned or Rs.100 whichever is higher. • If allocable surplus exceeds the amount of minimum bonus, then bonus shall be payable at higher rate subject to a maximum 20% of Salary/Wages. • Computation of bonus is to be worked BASIC + DA.
S.N Form o Required 1 Form A 2 Form B
PAYMENT OF BONUS ACT, 1965 & PAYMENT OF BONUS RULES, 1975 Relevant Schedule Of Submission/ Description Of the Form Clause Maintenance
Submitting Authority
Remark
Register showing the computation of allocable surplus Rule 4(a) To be maintained by the employer --Register showing the set on & set off of the allocable Rule 4(b) To be maintained by the employer --surplus Register showing the details of amount of bonus due to each of the employees, the deductions under section 17 Rule 4( c ) To be maintained by the employer --& 18 and the amount actually disbursed Time limit for the said Annual Return stating the amount of bonus paid to Within 30 days after the expiry of purpose is within a employees for the accounting year ending on 31st Rule 5 time limit specified for payment of Inspector period of eight months March bonus from the close of accounting year PAYMENT OF WAGES ACT, 1936
3 Form C
4 Form D
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • Every person employed in any factory, upon any railway or through sub-contractor in a railway and a person employed in an industrial or other establishment. • The State Government may by notification extend the provisions to any class of persons employed in any establishment or class of establishments. Eligibility: Every persons who is employed in any of the above mentioned establishments and who is drawing less than Rs.6,500 per month. Benefits: The Act prescribes for • The regular and timely payment of wages (on or before 7th day or 10th day of after wage period is greater than 1000 workers). • Preventing unauthorized deductions being made from wages and arbitrary fines.
PAYMENT OF WAGES ACT, 1936 & PAYMENT OF WAGES RULES, 1937 S.N Form o Required 1 Form A 2 Form B Description Of the Form Relevant Schedule Of Submission/ Maintenance Clause Submitting Authority Remark
Form Of Individual Application Section 15(2) Form Of Group application Section 15(2)
3 Form C
4 Form D
Form of application by an Section 15(2) inspector or person permitted & Section 16 by the authority or authorised to act Certificate Of Authorisation Section 15(2)
Within 12 months from the the date on which deductions were Inspector Of made or the date on which payment was due, as the case may Factories be. 12 months from the the date on which deductions were Within Inspector Of made or the date on which payment was due, as the case may Factories be. Within 12 months from the the date on which deductions were Inspector Of made or the date on which payment was due, as the case may Factories be. Within 12 months from the the date on which deductions were Inspector Of made or the date on which payment was due, as the case may Factories be.
5 Form E
Notice for disposal of application Record of order or direction
When an application is entertained under section 15(2), the authority shall hear the Section 15(3) applicant & the employer and direct the employer for refund of deductions made or payment of delayed wages or make no directions if the application is found to be malafide. Section 15(3) Record of order of direction to be made by the authority under the act Within 30 days of the date on which order or direction was made, an appeal could be made by the employer/ employee or his legal practitioner and the judge of the district court to issue the notice to the respondent of the day fixed for hearing of appeal.
6 Form F
7 Form G
Notice to respondent of the day fixed for the hearing of appeal Section 17 under section 17 of the act
THE MATERNITY BENEFIT ACT, 1961 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • Every establishment being a factory, mine or plantation including any such establishment belonging to Government wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.
• Every shop or establishment wherein 10 or more persons are employed. Note: In case of Establishment or a Factory or a Shop is covered under the Employees' State Insurance Act, 1948, the provisions of the Maternity Benefit Act, 1961 shall not be applicable Eligibility: • An woman employee shall be entitled to Maternity Benefit, Provided she works for not less than 80 days in the 12 months immediately preceding the date of her expected delivery in an establishment of an employer from whom she claims maternity benefit. • The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall exceeds the date of her expected delivery. • An additional period of absence is permitted subject to maximum of 1 month for illness arising out of pregnancy. Benefits: • An woman employee is entitled for the payment of maternity benefit at the rate of average daily wage for the period of her actual absence i.e. period preceding the day of her delivery, the actual day of her delivery and any period immediately following that day, subject to maximum of 12 weeks and additional 1 month for illness arising out of pregnancy. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------PROFESSIONAL TAX -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Profession Tax is a State level Tax in India on Professions, Trades, Callings and Employments. The following Indian states levy Profession Tax – West Bengal, Karnataka, Maharashtra, Andhra Pradesh, Gujarat, Tamilnadu and Madhya Pradesh. Profession Tax in Andhra Pradesh In AP (Andhra Pradesh State Tax on Professions, Trades, Callings and Employments Act, 1975), Profession Tax is applicable both on Individuals & Organizations (Company, Firm, Proprietary Concern, Hindu Undivided Family (HUF), Society, Club, Association Of Persons, Corporation or any other corporate body in Andhra Pradesh per the provisions of the Andhra Pradesh Professional Tax Act of 1975. Profession Tax For Individuals in Andhra Pradesh. Every person residing in Andhra Pradesh engaged in any profession, trade, calling or employment is liable and has to obtain a Certificate of Enrolment from the Profession Tax Authority. Once this certificate is obtained, the person can discharge their individual tax liability for five years by paying lump sum amount equal to the amount of Profession Tax for four years in advance, getting relief for one year’s payment. Exempted Individuals in Andhra Pradesh The following persons are exempted from the provisions of the Profession Tax Act in Andhra Pradesh: Senior Citizen above 65 years age & Handicapped Person with more than 40 % disability or parent of a physically disabled or mentally retarded child.
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
THE ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments. About What: • To regulate conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public entertainment and other establishments. • Provisions include Regulation of Establishments, Employment of Children, Young Persons and Women, Leave and Payment of Wages, Health and Safety etc. Applicability & Coverage: • It applies to all local areas specified in Schedule-I • Establishment means any establishment to which the Act applies and any other such establishment to which the State Government may extend the provisions of the Act by notification • Employee means a person wholly or principally employed whether directly or through any agency, whether for wages or other considerations in connection with any establishment • Member of the family of an employer means, the husband, wife, son, daughter, father, mother, brother or sister and is dependent on such employer Returns: • Form-A or Form-B (as the case may be) {Section 7(2)(a), Rule 5} Before 15th December of the calendar year, i.e. 15 days before the expiry date The employer has to submit these forms to the authority notified along with the old certificate of registration and the renewal fees for minimum one year’s renewal and maximum of three year’s renewal • Form-E (Notice of Change) {Rule 8} Within 15 days after the expiry of the quarter to which the changes relate in respect of total number of employees qualifying for higher fees as prescribed in Schedule-II
and in respect of other changes in the original statement furnished within 30 days after the change has taken place. (Quarter means quarter ending on 31st March, 30th June, 30th September and 31st December)
REGISTERS:
• Form-A {Rule 5} -- Register showing dates of Lime Washing etc • Form-H, Form-J {Rule 20(1)} (if opening & closing hours are ordinarily uniform) Register of Employment in a Shop or Commercial Establishment • Form-I {Rule 20(3)}, Form-K (if opening & closing hours are ordinarily uniform) Register of Employment in a Residential Hotel, Restaurant, Eating-House, Theatre, or other places of public amusement or entertainment • Form-M {Rule 20(4)}-- Register of Leave – This and all the above Registers have to be maintained by the Employer • Visit Book This shall be a bound book of size 7” x 6” containing atleast 100 pages with every second page consecutively numbered, to be produced to the visiting Inspector on demand. The columns shall be: • Name of the establishment or Employer • Locality • Registration Number • Date and • Time
PAPERS NEEDED FOR A "SHOP AND ESTABLISHMENT" LICENSE:
• Filled up "Form A", describing nature of operations, to be submitted at the local BMC office. • Fees of Rs 1,400 per annum (depends on number of employees). • If rental property, then rent receipt, landlord NOC and rental agreement • If owned property, then society maintenance receipts • Electricity bill copy • Partnership deed (proving company is a legal entity) • Visiting/ Business cards, showing address of the enterprise
• Any entity which has customers coming in, which may cause annoyance or nuisance to neighbours, may need a license • But if you are a Chartered Accountant, Advocate or a Doctor, you do NOT need a license. Exception is if the Doctor is running over 2-bed clinic. • To "change user" from a residential room into commercial, BMC's permission is required (Maharashtra Rent Control Act, section 30 and also MRTP Act)
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
THE ANDHRA PRADESH LABOUR WELFARE FUND ACT, 1953
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
An Act to provide for the constitution of a fund for the financing of activities to promote welfare of labour in the state of Andhra Pradesh. Applicability: Every employee, including employee through contractor, but not a managerial capacity or supervisor capacity drawing more than 3500/- pm. Payable: For the month of June and December, every year. Documents required for MLWF Inspection: • Paid Challans • MLWF Statement in respect of paid challans • Balance Sheet and Profit & Loss Account • Details of unpaid Wages, Gratuity & Bonus. 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."
ADDRESS OF LABOUR COMMISSIONERS
(I )
ANDAMAN AND NICOBAR ISLANDS
Telephone: (03192) 233138 / 232547 Email: [email protected] Website: http://labour.and.nic.in/
(I I )
DELHI
Office of the Labour Commissioner Government of N.C.T. Of Delhi, 5, Sham Nath Marg, Delhi - 110054. Tel Nos. 91-11-23967495; Fax: 91-11-23962823 E-mail Address: [email protected] Website: http://labour.delhigovt.nic.in/
(III)
Office of Labour Commissioner, Block No. 14, 2nd Floor, Udoyg Bhavan, Sector - 11. Gandhinagar - 382 013. Gujarat. Telephone: +91-232-57500 (O) Fax: +91-232-57502 Website: www.labourandemployment.gov.in
GUJARAT
(IV)
HIMACHAL PRADESH
Labour Commissioner cum Director of Employment New Himrus Bhawan, Circular Road,Shimla-171001. Telephone: (0177) 2625085 Email: [email protected]; [email protected] Website: http://himachal.nic.in/Employment/
(V)
KARNATAKA
Commissioner of Labour Karmika Bhavan, ITI Compound, Bannerghatta Road, Bangalore-560 029. Telephone: (080) 2653 1252 Website: www.labour.kar.nic.in
(VI)
KERALA
Office of the Labour Commissioner,
Housing Boards Building, Thiruvanathapuram, Kerala. Telephone: (0471) 2330414 Website: www.labourkerala.gov.in (VII)
MAHARASHTRA
Office of the Labour Commissioner, Commerce Centre, Tardeo Road, Mumbai. Website: http://industry.maharashtra.gov.in
(VIII) NAGALAND
Office of the Joint Labour Commissioner Government of Nagaland, District Labour Office, Wokha, Nagaland. Telephone: +91 (371) 2271168 Email: [email protected] Website: www.labourngl.nic.in
(IX) RAJASTHAN
Commissioner of (Labour & Employment) Department Office of Labour Commissioner, Govt. of Rajasthan, Jaleb Chowk, Jaipur-302002, Rajasthan Phone No: 0141-2607473, 2618517, 2619256 Website: www.rajlabour.nic.in
(IX) PUNJAB
Department of Labour Commissioner, Punjab, SCO No. 47-48, Sector - 17 E, Chandigarh - 160017 Phone: + 91-172-2702486 Fax: + 91-172-2704091 Email: [email protected] Website: www.pblabour.gov.in
(X) LAKSHADWEEP
District Employment Officer District Employment Exchange, Union Territory of Lakshadweep Kavaratti - Pin:682 555 Phone: 04896262082; Fax: 04896263035 Email : [email protected] Website :www.lakemployment.gov.in
(XI) TAMIL NADU
Labour Commissioner, DMS Complex, Teynampet, Chennai 600 006. Telephone:2432 1438/ 2432 1408/2432 1509 Website: http://www.tn.gov.in/department/labour.htm Source: http://www.mondaq.com/
ANNEXURE
PLEASE FIND ATTACHED THE EXCEL SHEET ON WHICH THE WORK WAS DONE. THE BRIEF HAS BEEN GIVEN ABOUT A MANUFACTURING INDUSTRY TPA BASED ON MY WORK EXPERIENCE AND EXPOSURE IN WORKING WITH THEM.
doc_214041784.pdf
This Project on Certified Employment law & Compliance Professional has been submitted for partial fulfillment of my Felloship from AHRM / CAMI.
Project Report On Certified Employment Laws & Compliance Professional
This document was created on 30th July 2012 as part of my project work, contains Assignments and it is prepared and submitted for the purpose of partial fulfillment for Fellowship from ASIAN HR BOARD – AHRB / CAMI – USA. During the month of July 2012. This template is a draft document that has been as a working template for a Manufacturing Organization based in HYD. Submitted by Puli. Srinivas Rao
AHRBHYD0211010
Acknowledgement
Its great pleasure to have worked on a Project work on CELCP for An Manufacturing organization as part of my AHRB – Fellowship Program, Certified Employment Laws & Compliance Professional – CELCP. This project work has been carefully carried out taking the courseware, workshop conducted by experts, on the job work experience of the aspirant & books referred which were recommended in the courseware – CELCP. I would like to express my sincere thanks to the entire team of AHRB, CAMI & MEC for conducting such a value based program & designed a well structured, informative courseware to all participants. I take this opportunity to express my profound gratitude and respect to my Faculty Mr. Sundar Rao, He introduced me to this topic of Employment Laws & Compliance Professional, which has created lot of interest, his support and guidance has inspired me to put in the right efforts for this assignment. Thank you Srinivas Rao Puli. CELCP - AHRB. (Fellow Aspirant)
Table of Contents
S.no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 INTRODUCTION WHAT IS LABOUR & LABOUR LAW – AN OVERVIEW LABOUR LAW ORIGIN OF LABOUR LAWS LABOUR POLICY OF INDIA THE MAIN CENTRAL LAWS DEALING WITH LABOUR ISSUES DISTINCTIVE FEATURE OF INDIAN LABOUR AND EMPLOYEMENT LAWS WOMEN LABOUR AND THE LAW FOCUS ON ELIMINATION OF CHILD LABOUR JUDI CIAL SYSTEM IN INDIA WITH LABOUR LAW. MEDIATION IN LABOUR
ASSIGNMENT
MAJOR LINES OF BUSINESS SERVICE PROFILE ORGANIZATION PROFILE, DEPARTMENT, SIZE, STRUCTURE & DESIGN LIST OF IMPORTANT LABOUR LEGISLATION APPLICABLE TO A MANUFACTURING COMPANY. THE DESCRIPTION & LIST OF FORMS FOR EACH OF THE LAWS THE APPRENTICES ACT, 1961 & APPRENTICE RULES – 1991. PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY – CENTRAL RULES1972. FACTORIES ACT – 1948, AP FACTORIES RULES - 1950. THE CONTRACT LABOUR (REGULATION & ABOLITION ACT-1970, ITS CENTRAL RULES 1971. INDUSTRIAL EMPLOYMENT (STANDING ORDERS)ACT – 1946 EMPLOYMENT EXCHANGES(COMPULSORY NOTIFICATION OF VACANCIES) ACT – 1959 CHILD LABOUR (PROHIBITION & REGULATION)ACT – 1986. EMPLOYMENT PROVIDENT FUND & MISCELLANEOUS PROVISION ACT, 1952 & THE
SCHEME PROVIDED THERE UNDER
TRADE UNION ACT 1926 & CENTRAL TRADE UNION REGULATION, 1938. INDUSTRIAL DISPUTES ACT 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES,1957 EQUAL REMUNERATION ACT,1976 & EQUAL REMUNERATION RULES , 1976 THE WORKMEN’S COMPENSATION ACT 1923. MINIMUM WAGES ACT,1948 & AP MINIMUM WAGES RULES. EMPLOYEES STATE INSURANCE ACT, 1948 & ESI REGULATION - 1950. PAYMENT OF BONUS ACT,1965 & PAYMENT OF BONUS RULES,1975. PAYMENT OF WAGES ACT,1936 & PAYMENT OF WAGES RULES, 1937 THE SHOP & ESTABLISH ACT , 1952. PROFESSIONAL TAX
MATERNITY BENEFIT ACT
ADDRESS OF LABOUR COMMISSIONERS ANNEXURE
WHAT IS LABOUR & LABOUR LAW – AN OVERVIEW
Labour is one of the basic resources of any industry and has an important bearing on the performance and goals of the organisation. In India we have a number of Laws which deals with issues concerning Labour administration, labour welfare, regulation of industrial relations between the management and the workers. The laws and bye laws applicable to labour issues and interests provides for various compliances in accordance with procedures laid therein. The salient features of the Central Labour Acts in force in India are given here under: The Indian Factories Act of 1948 provides for the health, safety and welfare of the workers. => The Shops and Commercial Establishment Act regulates the conditions of work and terms of employment of workers engaged in shops, commercial establishments, theatres, restaurants, etc. => The Maternity Benefit Act provides for the grant of cash benefits to women workers for specified periods before and after confinements. => The Employment of Children Act, 1938, prohibits the employment of young children below the age of 15 years in certain risky and unhealthy occupations. => The payment of wages Act, 1936, regulates the timely payment of wages without any unauthorized deductions by the employers. => The Minimum Wages Act, 1948, ensures the fixation and revision of minimum rates of wages in respect of certain scheduled industries involving hard labour.
=> The Industrial Disputes Act, 1947, provides for the investigation, and settlement of industrial disputes by mediation, conciliation, adjudication and arbitration, there is scope for payment of compensation in cases of lay-off and retrenchment. =>The Industrial Employment (Standing Orders) Act, 1946, requires employers in Industrial establishments to define precisely the conditions of employment under them and make them known to their workmen. These rules, once certified, are binging on the parties for a minimum period of six months. =>The Workmen’s Compensation Act, 1923, provides for compensation to injured workmen of certain categories and in the case of fatal accidents to their dependants if the accidents arose out of and in the course of their employment. It also provides for payment of compensation in the case of certain occupational diseases. =>The Indian Trade Unions Act, 1926, recognizes the right of workers to organise into trade unions, and when registered, they have certain rights and obligations and function as autonomous bodies. =>The Employees’ State Insurance Act, 1948, provides for sickness benefit, maternity benefit, disablement benefit and medical benefit. =>The Employees’ Provident Fund Act, 1952, seeks to make a provision for the future of industrial worker after he retires or in case he is retrenched, or for his dependents in case of his early death. The labour welfare work, thus, covers a wide range of activities and in its present form is widely recognised and is regarded as an integral part of the industrial system and management. LABOUR LAW
Wikipedia, the internet encyclopedia defines labor law or employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and Restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. There are two broad categories of labour law. First, collective labour law relates to the tripartite Relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. Employment standards are social norms for the minimum socially acceptable conditions under which employees or contractors will work. Government agencies enforce employment standards codified by labour law (legislative, regulatory, or judicial). Employment Laws cover broader area than labour laws in the sense that employment laws cover all the areas of employer/employee relationship except the negotiation process covered by labour law and collective bargaining. Labour Laws harmonize many angles of the relationship between trade unions, employers and employees. In some countries (like Canada), employment laws related to unionised workplaces are different from those relating to particular individuals. In most countries however, no such distinction is made. The final goal of labour law is to bring both the employer and the employee on the same level, thereby mitigating the differences between the two ever-warring groups. The law relating to labour and employment in India is primarily known under the broad category of "Industrial Law". Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labour of the workers. Escalating expectations of the workers, the hopes extended by Welfare State, uncertainties caused by tremendous structural developments in industry, the decline of authority, the waning attraction of the work ethics and political activism in the industrial field, all seem to have played some role.
ORIGIN OF LABOUR LAWS
Labour laws emerged when the employers tried to restrict the powers of workers' organisations and keep labour costs low. The workers began demanding better conditions and the right to organise so as to improve their standard of living. Employer’s costs increased due to workers demand to win higher wages or better working conditions. This led to a situation which required the intervention of Government. To put an end to the disputes between the employer and employee, the Government enacted many labour laws. In India the labour laws are so numerous, complex and ambiguous that they promote litigation rather than the resolution of problems relating to industrial relations. The labour movement has contributed a lot for the enactment of laws protecting labour rights in the 19th and 20th centuries. The history of labour legislation in India can be traced back to the history of British colonialism. The influences of British political economy were naturally dominant in sketching some of these early laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for chartering workers became necessary. This was obviously labour legislation in order to protect the interests of British employers. The British enacted the Factories Act with a really self-centered motive. It is well known that Indian textile goods offered serious competition to British textiles in the export market. In order to make India labour costlier, the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile moguls of Manchester and Lancashire. Thus we received the first stipulation of eight hours of
work, the abolition of child labour, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly for the welfare of the labour force the real motivation was undoubtedly the protection their vested interests. The original colonial legislation underwent substantial modifications in the postcolonial era because independent India called for a clear partnership between labour & capital. The content of this partnership was unanimously approved in a tripartite conference in December 1947 in which it was agreed that labour would be given a fair wage and fair working conditions and in return capital would receive the fullest cooperation of labour for uninterrupted production and higher productivity as part of the strategy for national economic development and that all concerned would observe a truce period of three years free from strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on 01.04.1947 repealing the Trade Disputes Act 1929 has since remained on statute book. India provides for core labour standards of ILO for welfare of workers and to protect their interests. India has a number of labour laws addressing various issues such as resolution of industrial disputes, working conditions, labour compensation, insurance, child labour, equal remuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labour issues. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases. LABOUR POLICY OF INDIA
Labour policy in India has been evolving in response to specific needs of the situation to suit requirements of planned economic development and social justice and has two-fold objectives, viz., maintaining industrial peace and promoting the welfare of labour. Labour Policy Highlights ? ? ? ? ? ? ? ? ? ? Creative measures to attract public and private investment. Creating new jobs. New Social security schemes for workers in the unorganised sector. Social security cards for workers. Unified and beneficial management of funds of Welfare Boards. Reprioritization of allocation of funds to benefit vulnerable workers. Model employee-employer relationships. Long term settlements based on productivity. Vital industries and establishments declared as `public utilities`. Special conciliation mechanism for projects with investments of Rs.150 crores / more. ? ? ? Industrial Relations committees in more sectors. Labour Law reforms in tune with the times (body of experts to suggest changes). Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary. ? ? ? ? ? ? ? Amendments to Industrial Disputes Act in tune with the times. Efficient functioning of Labour Department. More labour sectors under Minimum Wages Act. Child labour act to be aggressively enforced. Modern medical facilities for workers. Rehabilitation packages for displaced workers. Restructuring in functioning of employment exchanges. Computerization and updating of data base. ? Revamping of curriculum and course content in industrial training.
?
Joint cell of labour department and industries department to study changes in laws and rules.
The labour enactments in India, is divided into 5 broad categories- Working Conditions, Industrial Relations, Wage, Welfare and Social Securities. The enactments are all based upon Constitution of India and the resolutions taken in ILO conventions from time to time. Indian labour law refers to laws regulating employment. There over fifty national laws and many more state-level laws. Traditionally Indian Governments at federal and state level have sought to ensure a high degree of protection for workers through enforcement of labour laws. Indian labour laws divide industry into two broad categories: 1. FACTORY Factories are regulated by the provisions of the Factories Act, 1948 (the said Act). All Industrial establishments employing 10 or more persons and carrying manufacturing activities with the aid of power come within the definition of Factory. The said Act makes provisions for the health, safety, welfare, working hours and leave of workers in factories. The said Act is enforced by the State Government through their ‘Factory’ inspectorates. The said Act empowers the State Governments to frame rules, so that the local conditions prevailing in the State are appropriately reflected in the enforcement. The said Act puts special emphasis on welfare, health and safety of workers. The said Act is instrumental in strengthening the provisions relating to safety and health at work, providing for statutory health surveys, requiring appointment of safety officers, establishment of canteen, crèches, and welfare committees etc. in large factories. The said Act also provides specific safe guards against use and handling of hazardous substance by occupiers of factories & laying down of emergency standards & measures. 2. THE SHOPS & ESTABLISHMENT ACT The Shops and Establishment Act is a state legislation act and each state has framed its own rules for the Act. The object of this Act is to provide statutory obligation and rights to employees and employers in the unauthorized sector of employment, i.e., shops and
establishments. This Act is applicable to all persons employed in an establishment with or without wages, except the members of the employers’ family. This Act lays down the following rules: • Working hours per day and week. • Guidelines for spread-over, rest interval, opening and closing hours, closed days, national and religious holidays, overtime work. • Employment of children, young persons and women. • Rules for annual leave, maternity leave, sickness and casual leave, etc. • Rules for employment and termination of service. THE MAIN CENTRAL LAWS DEALING WITH LABOUR ISSUES ARE GIVEN BELOW: 1. Minimum Wages Act 1948 2. Industrial Employment (Standing orders) Act 1946 3. Payment of Wages Act 1936 4. Workmen’s Compensation Act 1923 5. Industrial Disputes Act 1947 6. Employees Provident Fund and Miscellaneous Provisions Act 1952 7. Payment of Bonus Act 1965 8. Payment of Gratuity Act 1972 9. Maternity Benefit Act 1961 1. MINIMUM WAGES ACT 1948 The Minimum Wages Act prescribes minimum wages for all employees in establishments or working at home in certain employments specified in the schedule of the Act. Central and State Governments revise minimum wages specified in the chedule. The Minimum Wages Act 1948 has classified workers as unskilled, semiskilled, skilled; and highly skilled. 2. INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946
The Industrial Employment Act requires employers in industrial establishments to clearly define the conditions of employment by issuing standing orders duly certified. Model standing orders issued under the Act deal with classification of workmen, holidays, shifts, payment of wages, leaves, termination etc. The workers are classified as : • Apprentice/trainee; • Casual; • Temporary; • Substitute; • Probationer; • Permanent; and • Fixed period employees 3. PAYMENT OF WAGES ACT 1936 Under the Payment of Wages Act 1936 the following are the common obligations of the employer: • Every employer is primarily responsible for payment of wages to employees. The employer should fix the wage period (which may be per day, per week or per month) but in no case it should exceed one month; • Every employer should make timely payment of wages. If the employment of any person is being terminated, those wages should be paid within two days of the date of termination; and • The employer should pay the wages in cash, i.e. in current coins or currency notes. However wages may also be paid either by cheque or by crediting in employee’s bank account after obtaining written consent. 4. WORKMEN’S COMPENSATION ACT 1923 The employer must pay compensation for an accident suffered by an employee during the course of employment and in accordance with the Act. The employer must submit a statement to the Commissioner (within 30 days of receiving the notice) giving the
circumstances attending the death of a worker as result of an accident and indicating whether the employer is liable to deposit any compensation for the same. It should also submit an accident report to the Commissioner within seven days of the accident. 5. INDUSTRIAL DISPUTES ACT 1947 The Industrial Disputes act 1947 provides for the investigation and settlement of industrial disputes in an industrial establishment relating to lockouts, layoffs, retrenchment etc. It provides the machinery for the reconciliation and adjudication of disputes or differences between the employees and the employers. Industrial undertaking includes an undertaking carrying any business, trade, manufacture etc. The Act lays down the conditions that shall be complied before the termination/ retrenchment or layoff of a workman who has been in continuous service for not less than one year under an employer. The workman shall be given one month’s notice in writing, indicating the reasons for retrenchment and the period of the notice that has expired or the workman has been paid, in lieu of such notice, wages for the period of the notice. The workman shall also be paid compensation equivalent to 15 days’ average pay for each completed year of continuous service. A notice shall also be served on the appropriate government. 6. EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT 1952 This Act seeks to ensure the financial security of the employees in an establishment by providing for a system of compulsory savings. The Act provides for establishments of a contributory Provident Fund in which employees’ contribution shall be at least equal to the contribution payable by the employer. Minimum contribution by the employees shall be 10-12% of the wages. This amount is payable to the employee after retirement and could also be withdrawn partly for certain specified purposes. 7. PAYMENT OF BONUS ACT 1965 The payment of Bonus Act provides for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or Productivity. The Act is applicable to establishments employing 20 or more persons.
The minimum bonus, which an employer is required to pay even if he suffers losses during the accounting year is 8.33% of the salary. 8. PAYMENT OF GRATUITY ACT 1972 The Payment of Gratuity Act provides for a scheme for the payment of gratuity to all employees in all establishments employing ten or more employees to all types of workers. Gratuity is payable to an employee on his retirement/resignation at the rate of 15 days salary of the employee for each completed year of service subject to a maximum of Rs. 350,000.
9. MATERNITY BENEFIT ACT 1961 The Maternity Benefit Act regulates the employment of the women in certain establishments for a prescribed period before and after child birth and provides certain other benefits. The Act does not apply to any factory or other establishment to which the Employees State Insurance Act 1948 is applicable. Every women employee who has actually worked in an establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery, is entitled to receive maternity benefits under the Act. The employer is thus required to pay maternity benefits and/or medical bonus and allow maternity leave and nursing breaks.
DISTINCTIVE FEATURE OF INDIAN LABOUR AND EMPLOYMENT LAWS
A distinguishing feature of Indian Labour and Employment Laws are that in India there are three main categories of employees: government employees, employees in Govt. controlled corporate bodies known as Public Sector Undertakings (PSUs) and private sector employees. The rules and regulations governing the employment of government employees stem from the Constitution of India. Accordingly, government employees enjoy protection of tenure, statutory service contentions and automatic annually salary increases. Public sector employees are governed by their own service regulations, which either have statutory force, in the case of statutory corporations, or are based on statutory orders. In the private sector, employees can be classified into two broad categories namely management staff and workman. Managerial, administrative or supervisory employees drawing a salary of Rs.16000/- or more per month are considered management staff and there is no statutory provisions relating to their employment and accordingly in case of managerial and supervisory staff/employee the conditions of employment are governed by respective contracts of employment and their services can be discharged in terms of their contract of employment. Workmen category is covered under the provisions of the Industrial Disputes Act. Voluntary Retirement Scheme and Golden Handshake In the competitive time of globalization and liberalization the system of Voluntary retirement with golden handshake is widely prevalent both in public and private sectors in order to reduce the surplus manpower which for most of public sector undertakings is a major cause of losses.
The Unorganised Sector Many of the labour and employment laws apply to the unorganised sector also. The Unorganized sector can be defined as that part of the work force that have not been able to organize itself in pursuit of a common objective because of certain constraints such as casual nature of employment, ignorance or illiteracy, superior strength of the employer singly or in combination etc. viz. construction workers, labour employed in cottage industry, handloom/ power loom workers, sweepers and scavengers, beedi and cigar workers etc. Under this category are laws like the Building and Construction Workers Act 1996, the Bonded Labour System (Abolition) Act 1976, The Interstate Migrant Workers Act 1979, The Dock Workers Act 1986, The Plantation Labour Act 1951, The Transport Workers Act, The Beedi and Cigar Workers Act 1966, The Child Labour (Prohibition and Regulation) Act 1986, and The Mine Act 1952. WOMEN LABOUR AND THE LAW
Women constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, out of 407 million total workforces, 90 million are women workers, largely employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in the organised sector in March 2000 constituted 17.6 percent of the total organised sector. In addition to the Maternity Benefit Act, almost all the major central labour laws are applicable to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment of equal remuneration to men and women workers for same or similar nature of work. Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation
regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory Committee. In respect of occupational hazards concerning the safety of women at workplaces, in 1997 the Supreme Court of India in the case of Vishakha Vs. State of Rajasthan [(1997) 6 SCC 241] held that sexual harassment of working women amounts to violation of rights of gender equality. As a logical consequence it also amounts to violation of the right to practice any profession, occupation, and trade. The judgment also laid down the definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for creating awareness of the rights of women workers. Implementation of these guidelines has already begun by employers by amending the rules of Industrial Employment Act, 1946. FOCUS ON ELIMINATION OF CHILD LABOUR
Elimination of child labour continued to be one of the major focus areas of the Labour Ministry. It took an initiative for framing an omnibus legislation prescribing 14 years as the minimum age for employment and work in all occupations except agricultural activity in family and small holdings producing for own consumption. The proposed legislation would also fix a minimum age of not less than 18 years to any type of employment and work which by its nature or circumstances is likely to jeopardize the
health, safety or morals of young persons. As of date, employment of children has been prohibited in 13 occupation and 51 processes in the country bringing the total to 64. It is proposed to raise their number to 73 by notifying additional nine hazardous occupations and processes. In 2006, the Central Government has amended the Child Labour (Prohibition and Regulation) Act, 1986 prohibiting employment of children below 14 years of age even in non-hazardous industry like restaurants, motels and also as domestic servant. To further augment resources for elimination of child labour, the Ministry of Labour signed a Memorandum of Understanding with the ILO extending International Programme on Elimination of Child Labour (IPEC) in India for another two years. India under the ILO’s IPEC programme has taken up 154 action programmes on child labour covering more than ninety thousand children with direct funding by the ILO/Area Office to the NGOs. CLASSIFICATION OF VARIOUS LABOUR LAWS
There are over 45 legislations on labour from the Central Government and the number of legislations enacted by the State Governments is close to four times that of the Central Acts. Labour Laws can be classified into the following eight categories: (i) (ii) (iii) (iv) (v) Laws related to Industrial Relations Laws related to Wages Laws related to Specific Industries Laws related to Equality and Empowerment of Women Laws related to Deprived and Disadvantaged Sections of the Society
(vi) (vii)
Laws related to Social Security Laws related to Employment & Training
(viii) Others Laws related to Industrial Relations 1. The Trade Unions Act, 1926 2. The Industrial Employment (Standing Orders) Act, 1946 The Industrial Employment (Standing Orders) Rules, 1946 3. The Industrial Disputes Act, 1947 Laws related to Wages 1. The Payment of Wages Act, 1936 The Payment of Wages Rules, 1937 2. The Minimum Wages Act, 1948 The Minimum Wages (Central) Rules,1950 3. The Working Journalist (Fixation of Rates of Wages) Act, 1958 Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957 4. The Payment of Bonus Act, 1965 The Payment of Bonus Rules, 1975 Laws related to Specific Industries 1. The Factories Act, 1948 2. The Dock Workers (Regulation of Employment) Act, 1948 3. The Plantation Labour Act, 1951 4. The Mines Act, 1952 5. The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955 The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Rules, 1957 6. The Merchant Shipping Act, 1958 7. The Motor Transport Workers Act, 1961 8. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9. The Contract Labour (Regulation & Abolition) Act, 1970 10. The Sales Promotion Employees (Conditions of Service) Act, 1976 The Sales Promotion Employees (Conditions of Service) Rules, 1976 11. The Inter-State Migrant Workmen (Employment and Conditions of Service) Act, 79 12. The Shops and Establishments Act 13. The Cinema Workers and Cinema Theatre Workers (Employment) Act, 1981 The Cinema Workers and Cinema Theatre Workers (Employment) Rules, 1984 The Cine Workers’ Welfare Fund Act, 1981 14. The Dock Workers (Safety, Health & Welfare) Act, 1986 15. The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 16. The Dock Workers (Regulation -Employment) (inapplicability to Maj Ports) Act, ‘97 17. The Mica Mines Labour Welfare Fund Act, 1946 18. The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 19. The Beedi Workers Welfare Fund Act, 1976 20. The Beedi Workers Welfare Cess Act, 1976 21. The Iron Ore, Manganese Ore & Chrome Ore Mines Labour Welfare Fund Act, 1976 22. The Iron Ore, Manganese Ore & Chrome Ore Mines Labour Welfare Cess Act, 1976 23. The Cine Workers Welfare Fund Act, 1981 24. The Cine Workers Welfare Cess Act, 1981 25. The Emp’men of Manual Scavengers and Construction of Dry latrines prob Act, 1993 26. The Coal Mines (Conservation and Development) Act, 1974 Laws related to Equality and Empowerment of Women 1. The Maternity Benefit Act, 1961 2. The Equal Remuneration Act, 1976 Laws related to Deprived and Disadvantaged Sections of the Society 1. The Bonded Labour System (Abolition) Act, 1976 2. The Child Labour (Prohibition & Regulation) Act, 1986 Laws related to Social Security
1. The Workmen’s Compensation Act, 1923 2. The Employees’ State Insurance Act, 1948 3. The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 4. The Payment of Gratuity Act, 1972 Laws related to Employment & Training 1. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959 2. The Apprentices Act, 1961 Others 1. The Fatal Accidents Act, 1855 2. The War Injuries Ordinance Act, 1943 3. The Weekly Holiday Act, 1942 4. The National and Festival Holidays Act 5. The War Injuries (Compensation Insurance) Act, 1943 6. The Personal Injuries (Emergency) Provisions Act, 1962 7. The Personal Injuries (Compensation Insurance) Act, 1963 8. The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988 9. The Public Liability Insurance Act, 1991 THE REFORMS AND LABOUR LAW
Reforms in Labour laws are being much talked in recent years. It is being advocated that all talk of liberalization is futile without squarely facing up to the imperative of labour reforms. These are an integral part of the economic reforms process itself. Other efforts at raising the standard of performance on the economic front to world class are
apt to stall if those managing enterprises find themselves hamstrung by outdated trade union laws and dilatory methods of adjudication of industrial disputes. For instance, the unwieldy number of adjudicating authorities — conciliation officers, conciliation boards, courts of inquiry, labour courts, industrial tribunals and the national industrial tribunal — under the Industrial Disputes Act and the complex procedures are out of sync with the essential pre-requisites for the success and even the survival of companies in a globally integrated economy. Productivity, customer service, cost-effectiveness, keeping to delivery schedules, technological up gradation and modernization have emerged as the criteria for judging the quality of management of companies, and labour reforms hold the key to increased competitiveness and investment flows in all these respects. The need for introducing labour market flexibility and simplifying labour laws has no doubt been emphasized by the President and Prime Minister of the country downwards from time to time. The case for labour reforms could not have been argued better than in this extract from the Economic Survey of 2005-06: "... Indian Labour Laws are highly protective of labour, and labour markets are relatively inflexible. These laws apply only to the organised sector. Consequently, these laws have restricted labour mobility, have led to capital-intensive methods in the organised sector and adversely affected the sector's long-run demand for labour". JUDICIAL SYSTEM IN INDIA
The judicial system in India is quite well-established and independent. The Supreme Court of India in New Delhi is the highest Court of Appeal. Each State has a High Court along with subsidiary District Courts, which enforce the rule of law and ensure fundamental rights of citizens, guaranteed by the Constitution of India.
India has a three-tier court system with a typical Indian litigation starting from a District Court and reaching its logical conclusion in the Supreme Court of India. The High Courts along with the various State level forums, situated mostly in the State capitals, constitute the middle rung of this three-tier system. District level courts are the courts of first instance in dispute resolution except in cases where they are prevented from being so by virtue of lack of pecuniary jurisdiction. Cases involving violation of fundamental rights are filed in respective High Court or Supreme Court. A number of special courts and tribunals have been constituted in India to deal with specific disputes: 1. Tax Tribunals 2. Consumer Dispute Redressal Forums 3. Insurance Regulatory Authority of India 4. Industrial Tribunals 5. Debts Recovery Tribunals 6. Company Law Board 7. Motor Accidents Claims Tribunals 8. Labour Courts WHERE TO FILE? Most of the labour disputes are referred to the Labour Courts/Industrial Tribunals through the Department of Labour under the respective State Government. The process for labour dispute starts with filing of a petition before Labour Conciliation Officer and in case no compromise is possible, the said officer sends a failure report to the Government. After consideration of the said report, the Government may send a reference to the Labour Court/Industrial Tribunal. In certain matters, the labour dispute can be directly filed in the court concerned. Labour Courts These courts are found in every district and they form the courts of original jurisdiction under which various labour laws and rules are enforced.
Appellate Labour Courts These courts hear only the Appeals and revisions originating from the judgements and orders of the subordinate original labour courts and officers, under the provisions of various labour and related laws. a) When an industrial dispute has been referred to a Labour Court for adjudication, it is the duty of the Labour Court to (i) Hold proceedings expeditiously, and (ii) To submit its award to the appropriate Government soon after the conclusion of the proceedings. b) However, no deadline has been laid down with respect to the time within which the completion of proceedings has to be done. Nonetheless, it is expected that these Courts hold their proceedings without getting into the technicalities of a Civil Court. c) It has been held that the provisions of Article 137 of the Limitation Act do not apply to reference of disputes to the Labour Courts. These Courts can change the relief granted by refusing payment of back wages or directing payment of past wages too. Court Fee No Court fee is payable on the petitions filed before Labour Courts and Industrial Tribunals. WHAT MATTERS FALL WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS?
1. Wages, including the period and mode of payment 2. Compensatory and other allowances 3. Hours of work and rest intervals 4. Leave with wages and holidays 5. Bonus, profit sharing, provident fund and gratuity 6. Shift working otherwise than in accordance with standing orders
7. Classification by grades 8. Rules of discipline 9. Retrenchment of workmen and closure of establishment WHAT MATTERS FALL WITHIN THE JURISDICTION OF LABOUR COURTS?
1. The propriety or legality of an order passed by an employer under the standing orders 2. The application and interpretation of standing order 3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully dismissed. 4. Withdrawal of any customary concession or privilege 5. Illegality or otherwise of a strike or lock-out; and 6. All matters other than those being referred to Industrial Tribunals. STAGES OF ADJUDICATION IN LABOUR OR INDUSTRIAL DISPUTES
The first is receiving a reference from the appropriate Government or filing of the labour dispute in the Labour Court. The next step is sending notice to the Management and after filing of the response by them, the matter is fixed for adjudication. The fourth step is recording the evidence of the parties and hearing the arguments. It is appropriate to mention here that advocates cannot appear in Labour Courts/Industrial Tribunals, unless permitted.
The final conclusion of the dispute After hearing the parties, the Labour Court/Industrial Tribunal decides the dispute and the said final decision is called an Award. A copy of the award is to be published by the Labour Department as per rules. Copies of the same are also sent to the parties concerned. Execution of Awards In case the management does not comply with the terms of the award, the workman may pray for its execution by moving an application before the concerned Conciliation Officer. MEDIATION IN LABOUR DISPUTES
Mediation is an exercise of resolving a dispute by settlement with the help of a Mediator who is a neutral third party. The mediator may be: a) b) c) A judicial officer (retired or sitting judge) An Advocate An otherwise trained professional
When a sitting judicial officer acts as a mediator in a case, his services are available free of cost and without any other charges on any of the parties. ROLE OF THE MEDIATOR A mediator helps the parties in arriving at an amicable solution through negotiation. He facilitates the parties in reaching a mutually acceptable agreement.
The parties need not agree to the terms of settlement, if they are not satisfied. Judges and arbitrators make decisions that are imposed on parties but a mediator helps the parties to evaluate the probable outcome of a dispute and then leads them to an acceptable settlement. Process of Mediation A mediator meets both the parties in a joint mediation session. The initial meeting provides for: a) An introduction to the participants and the mediation process. b) An opportunity to discuss issues affecting settlement that are important for the mediator to know. c) An opportunity to determine what information would be helpful for the mediator to have at or in advance of the mediation. The joint session provides an opportunity for each participant, either directly or through counsel, to express their view of the case to the other participants and how they would like to approach settlement. The opening statements are intended to begin the settlement process, not to be adversarial or a restatement of positions. MEDIATION PROCEDURE
Formal procedures as in a Court or arbitration are completely absent in mediation proceedings. Both parties and their advocates participate freely without any set procedures or any rules of evidence. The absence of formality provides for an open discussion of the issues and allows a free interchange of ideas making it easier for the parties to determine their interest and fashion a solution accordingly. A mediator may,
if necessary, meet the disputing parties individually and in private. Such meetings are completely confidential and are intended to understand the needs of each participant and what prevents him or her from reaching a settlement. In these private meetings, the mediator often assists parties to prioritize their interest and options for settlement and to assess the relative strengths and weaknesses of their positions. Once a settlement is reached, the mediator records it with the signatures of the parties. Some important points in the Mediation Process a) All mediation proceedings are confidential. Documents generated for the mediation are also confidential and may not be introduced during a subsequent trial should the case not settle. b) Counsel and parties with settlement authority must attend mediation sessions. Certain exceptions may be granted for institutional parties or if a party is a unit of government. c) Unless the presiding judge indicates otherwise, referral of a case to mediation does not stay other proceedings in the case or alter applicable litigation deadlines. A judicial officer may, while referring a case to mediation, fix a time limit for completing the mediation process. ADVANTAGES OF MEDIATION METHOD FOR DISPUTE RESOLUTION (i) Procedures more satisfying results a) Helps settle all or part of the dispute much sooner than regular trial. b) Permits mutually acceptable solution that a court would not have the power to order c) Saves time and money d) Preserve ongoing business or personal relationships e) Increases satisfaction and thus results in a greater likelihood of a lasting resolution. (ii) Allows more flexibility, control and participation a) Tailors the procedures used to seek a resolution b) Broadens the interests taken into consideration c) Fashions a business-driven or other creative solution that may not be available from the court.
d) Protects confidentiality e) Eliminates the risks of litigation (iii) Enables a better understanding of the case a) Provides an opportunity for clients to communicate their views directly and informally b) Helps parties get to the core of the case and identify the disputed issues. c) Helps parties agree to exchange key information directly. (iv) Improves case management Narrows the issues in dispute and identifies areas of agreement and disagreement. (v) Reduces hostility a) Improves the quality and tone of communication between parties. b) Decreases hostility between clients and lawyers. c) Reduces the risk that parties will give up on settlement efforts. How to Initiate Mediation? Where both the parties agree in a pending case to try to get their dispute settled through Mediation, the Court will record the same and send the file to Mediation Centre.
? Analyse Manufacturing organization ? Make a list of national & state law applicable to your organization. ? Check if the organization is compliant with all the required laws: both national & state. ? Write down the necessary steps to be followed if they are Non – compliant. ? If they are compliant, list the various reports being submitted.
CNC Manufacturing Organization India covers over 17, 00,000 lives and has organized itself in a manner that helps achieve the highest levels of efficiency, communication and most importantly, employee satisfaction. Moreover they are committed to improving the Manufacturing experience for everyone involved: the insurer who provides the cover and benefits, the employers who purchase it, the manufacturing provider who delivers it and most of all, the employees and plan members who use it. It is company in evolution and they continue to find newer and better ways to deliver information and services to all employees. • Focus on improving processes, advancing technology, using knowledge and information, driving innovation and running disciplined operations. • Use technology to make services as efficient, effective and up-to-date as possible. • Continue to measure its own performance and make the results available to provide an objective assessment of how well they’re doing their job. Features of CNC-India CNC is a Pioneer in the Manufacturing service administration business, 17+ years in operations • They extend their services to some of the Largest Blue Chip MNC’s in India- 600,000+ lives, 100 corporate houses
• Operations extended through offices in 5 cities (Delhi, Mumbai, Chennai, Bangalore, Hyderabad) • Associated with over 2000 Manufacturing units and 500 Services centres across 20+ cities. • Leaders in Manufacturing Steel, Plastic, Metal Products across the country, with 4,000 Centres across india. • Specialization in Steel, Metal Designs for leading corporate houses. • Many firsts in the market- latest designs , Mouldings Patterns etc. MAJOR LINES OF BUSINESS:
CNC India has 2 major lines of Business operating; Steel & Iron - This caters predominantly to corporate clientele in India & across various countries abroad and works on behalf & for employer groups. It is here that they administer with premium services & other value added services. Metal Moulding Designs & patterns: it also services a few corporate clients. A new line of business launched in beginning of 2010 with a standard service offering. SERVICE PROFILE:
These are the following services offered by CNC India Ltd. • Iron & Steel Ore mining & Importing to various countries • Metal manufacturing Designs & Patterns services • Nationwide Provider Network • Implementing world class services to Top notch client s • Telephonic Help Desk (for critical orders for various Corp houses) • Liaison services with Govt Organizations. • Employee communications for orientation of the customer handling. • Health and Wellbeing Programs • Metal design Publications • Employee Assistance Programs (counselling and guidance) • Occupational Health Services
ORGANIZATION CNC INDIA : DEPARTMENTS, SIZE, STRUCTURE AND DESIGN
• ACCOUNT MANAGEMENT • ADMINISTRATION • CALL CENTRE • CLAIMS SERVICES • FINANCE & ACCOUNTS • HUMAN CAPITAL • INFORMATION TECHNOLOGY • BACK GROUND CHECK DEPARTMENT • NETWORKS • PRODUCTS & MARKETING • SALES • TRANSACTION PROCESSING SIZE: CNC is a medium sized organization with the head office being in Singapore. The business and the strategy, including the HR operations takes place at the Asia Pacific headquarters which is at Hyderabad. It has 5 centres across India, operations extended through offices in 15 cities (Delhi, Mumbai, Chennai, Bangalore, Pune, Hyderabad, The
current strength at the Hyderabad office is about 200 employees under various departments mentioned earlier. The total headcount would be around 285 STRUCTURE: CNC follows a complex structure with horizontal differentiation and decentralised style of decision making. Horizontal differentiation refers to the degree of differentiation between units based on the orientation of members, the nature of the tasks they perform and their education and training. Decentralization is associated with high complexity. IMPORTANT LABOUR LEGISLATIONS APPLICABLE TO AN INDIAN HEALTHCARE INDUSTRY
IN ANDHRA PRADESH:
Labour laws - National & State (AP) compliance for CNC Manufacturing Organization
Sl
1 2 3 4 5 6 7 8 9
LABOUR LAWS - Applicable to the Organisation
THE APPRENTICES ACT , 1961 & APPRENTICESHIP RULES, 1991
PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES,
Whether
Applicable or Not
Whether Compliant or not
NA Y Y Y Y
NA Y N Y Y Y Y Y N Y N N N Y NA N N Y Y Y
1972
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 & ITS CENTRAL RULES, 1971 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 EMPLOYMENT EXCHANGES( COMPULSORY NOTIFICATION OF VACANCIES) ACT 1959
,
Y Y Y Y Y Y Y Y Y NA Y Y Y Y Y
CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986
EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 & THE
SCHEMES PROVIDED THERE UNDER TRADE UNIONS ACT, 1926 & CENTRAL TRADE UNION REGULATIONS,1938 INDUSTRIAL DISPUTES ACT, 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES,
10 1957
11 EQUAL REMUNERATION ACT, 1976 & EQUAL REMUNERATION RULES,1976 12 13 MINIMUM WAGES ACT, 1948 & BIHAR MINIMUM WAGES RULES 14 REGULATIONS, 1950
EMPLOYEES STATE INSURANCE ACT, 1948 & EMPLOYEES STATE INSURANCE THE WORKMEN'S COMPENSATION ACT, 1923
15 CONDITIONS OF SERVICE ) ACT, 1979
INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT &
16 PAYMENT OF BONUS ACT, 1965 & PAYMENT OF BONUS RULES, 1975 17 PAYMENT OF WAGES ACT, 1936 & PAYMENT OF WAGES RULES, 1937 18 THE SHOPS & ESTABLISHMENT ACT, 1952 19 Andhra Pradesh LABOUR WELFARE FUND 20 PROFESSIONAL TAX 21 MATERNITY BENEFIT ACT,
Y = Yes N = No
Y Y NA = Not Applicable
THE DESCRIPTION & LIST OF FORMS FOR EACH OF THE LAWS THAT ENSURE COMPLIANCE (PLS REFER ATTACHED XLS IN ANNEXURE) ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------I. THE APPRENTICES ACT, 1961 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: The Act is applicable to every establishment, except to those specifically notified by the Central Government in the Official Gazette.
THE APPRENTICES ACT , 1961 & APPRENTICESHIP RULES, 1991 Sl Forms Required Description Of the Form Relevant Clause Schedule Of Submitting Authority Remarks Submission/ Within 15 days of the date of Regional Director/ State To be prepared in registration of Apprenticeship advisor duplicate contract of apprenticeship At the end of every Regional Director/ State this is kept inside half year Apprenticeship advisor Form 1 At the end of every Regional Director/ State half year Apprenticeship advisor In the month of Regional Director/ State November & May Apprenticeship advisor Regional Director/ State Apprenticeship advisor & The Principal, ITI where At the end of every Basic Trg./ Related half year Instructions is proposed to be imparted to the Apprentice Applicable only to Central Apprenticeship within 10 days of Graduate or Advisor/ Director, engagement of an Technician or Regional Board Of apprentice vocational Apprenticeship Training apprentices Quarterly Director, Regional Board Of Apprentiship Training
1
Form Apprenticeship- 1
Form giving personal details of Apprentices
Rule 14
2
Form Apprenticeship- 1A
Form Giving Record of Practical Training & Related Instructions
Rule 14
3
Form Apprenticeship- 2
4
Form Apprenticeship- 3
Report in respect of Trade apprentices receiving training in the Rule 14 establishment Form giving particulars of trade apprentices who satisfy the minimum Rule 14 conditions of eligibility to appear in the trade test in March or September
5
Form Apprenticeship- 4
Half Yearly return of Apprentices Engaged
Rule 14
6
Form Apprenticeship- 5
Form submitted on engagement of an Rule 14 apprentice
7
Form Apprenticeship- 6
Record Of Progress of Apprentices engaged in an establishment
Rule 14
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PAYMENT OF GRATUITY ACT, 1972 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • Every factory (as defined in Factories Act), mine, oilfield, plantation, port & railway. • Every shop or establishment to which Shops & Establishment Act of a state applies in which 10 or more persons are employed at any time during the year and • Any establishment employing 10 or more persons as may be notified by the Central Government. • Once Act applies, it continues to apply even if employment strength falls below 10. Eligibility: • Any person employed on wages/salary. • At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years. • In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service. Benefits: • The quantum of gratuity is to be computed at the rate of 15 days wages (7 days wages in case of seasonal establishments) based on rate of wages last drawn by the employee concerned for every completed year of service or a part thereof exceeding 6 month. • In case where higher benefit of gratuity is available under any gratuity Scheme of the Co, the employee will be entitled to higher benefit. Calculation of Gratuity: Gratuity = (Monthly Salary/26) x 15 days x No.of yrs of Service Gratuity will be taxable above 3,50,000 /- under the Income Tax Act.
PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES, 1972 S.No 1 2 3 4 Form Required Form A Form B Form C Form D Description Of the Form Notice Of Opening Relevant Schedule Of Submission/ Maintenance Clause Rule 3 (1) Submitting Authority Remark
Within 30 days from which the rules become Concerned controlling authority applicable of the area Within 30 days of any change in the Concerned controlling authority Notice Of Change Rule 3 (2) particulars of the establishment like name, of the area address or nature of business Atleast 60 days before the intended closure of Concerned controlling authority Notice Of Closure Rule 3 (3) the business of the area Notice for excluding husband from To be submitted by the employee to the employer in triplicate. The employer after receipt Rule 5 (1) family forwards a copy to the concerned controlling authority of the area.
5 6 7 8 9 10 11
Form E Form F Form G Form H Form I Form J Form K
Notice of withdrawal of notice for excluding husband from family
12
Form L
13
Form M
14
Form N
To be submitted by the employee withdrawing the notice in form D to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling To be submitted by the employee to the employer in duplicate. The employer within 30 Nomination Rule 6 (1) days of the receipt of nomination , verify with the service particulars and after attestation return back a copy to the employee. Fresh Nomination Rule 6 (3) To be submitted by the employee within 90 days of acquiring a family to the employer To be submitted by the employee to the employer , in cases including where a nominee Modification Of Nomination Rule 6 (4) predeceases an employee Application for gratuity by an To be submitted by the employee, eligible for payment of gratuity to the employer , within Rule 7 (1) employee 30 days from which the gratuity becomes payable. Application for gratuity by a To be submitted by the nominee of an employee to the employer within 30 days from the Rule 7 (2) nominee date of gratuity payable to him/her. For this purpose an application in plain paper may also Application for gratuity by a legal To be submitted by the legal heir of an employee, eligible for payment of gratuity , to the Rule 7 (3) heir employer, within 1 year from the date of gratuity payable to him/her On verification of claims made for payment of gratuity, the employer , within 15 days of receipt of an application , issue a notice to the applicant employee , his nominee or legal Notice for payment of gratuity Rule 8 (1) heir, specifying the amount of gratuity payable and fixing a date of payment not later than the 30th day of receipt of the application. On verification of claims made for payment of gratuity, if the claim is found inadmissible, Notice rejecting payment of gratuity Rule 8 (1) the employer may issue a notice to the applicant employee, his nominee or legal heir , specifying the reasons why the claim is found inadmissible In cases wherein the employer refuses to accept a claim application or issues a notice specifying a amount of gratuity which is considered less by the applicant or fails to issue a Application for direction Rule 10 (1) notice under rule 8, the claimant employee/ his nominee/ legal heir may within 90 days of occurrence of cause for application, apply in form N to the concerned controlling authority of the area for issuing a direction Rule 5 (2) Notice for appearance before the controlling authority Summons Particulars of application under Sec7 Notice for payment of Gratuity Rule 11 (1) Rule 14 On receipt of form N , the concerned controlling authority of the area may call upon the applicant and the employer to appear before him on a specified date, time and place. The controlling authority may , at any stage of proceedings, issue summons to the applicant or the employer to produce evidences, documents etc.
15 16 17
Form O Form P Form Q
Rule 16(1) The controlling authority to record the particulars of each case in form Q on subsequent verification of the genuineness of the claims made, the controlling authority to issue a notice , specifying to the employer , the amount of gratuity payable and directing the employer for payment of gratuity within 30 days of receipt of notice.
18
Form R
Rule 17
19
Form S
20
Form T
The controlling authority on receipt of the decision of the appellate authority, modify his Notice for payment of Gratuity as Rule 18(8) direction for payment of gratuity and issue a notice to the employer, specifying the determined by appellate authority modified amount of gratuity and directing payment within 15 days of receipt of notice by the employer. In situations wherein, the employer fails to pay the gratuity due under the act in Application for recovery of gratuity Rule 19 accordance with the notice of the controlling authority , the employee/his nominee/legal heir may apply to the controlling authority in duplicate for recovery Display of abstract of the act and rules Rule 20 The employer to display an abstract of the act and rules framed thereunder in English and a language understood by the majority of employees at a conspicuous place or near the main entrance of the establishment
21
Form U
FACTORIES ACT, 1948
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: The Act applies to any premises including the precincts there of• Whereon ten 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 without the aid of power, or is ordinarily so carried on, or • Whereon twenty 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 without the aid of power, or is ordinarily so carried on. Obligation: Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. Registration & Renewal of Factories: To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. Employment of Young Persons: • Prohibition of employment of young children. • Non-adult workers to carry tokens e.g. certificate of fitness. • Working hours for children not more than 4.5 hours & not permitted to work during night shift.
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950 S.N Form o Required 1 Form 1 2 Form 2 3 Form 3 Description Of the Form Application for permission to construct, extend or take into use any building as a factory Application for registration and grant or renewal of licence Notice of Change of Manager Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark
To be submitted to the Chief Inspector Of Factories, duly signed by the Occupier Of the factory before commencing the manufacturing process To be submitted by the Occupier/Manager to the Inspector Of Factories of the area concerned not later than the date on which the license expires Rule 12-A to be made by the occupier and submitted to the Chief Inspector Of Factories with the signature of the new manager and occupier appended To be granted by the Inspector Of Factories after verifying the correctness of the application. This licence shall remain valid upto 31st december of the year for which it is granted To be granted by the certifying surgeon to the young persons employed in a factory Temperatures recorded in a Hygrometer to be entered in this register. To be maintained with the dates on which white washing, colour washing, varnishing etc. are carried out.
4 Form 4
Licence to work a factory
Rule 5
5 Form 5 6 Form 6 7 Form 7 8 Form 8
Certificate Of Fitness Humidity Regsiter Record of Lime Washings, Paintings etc. Report of examination of pressure vessel
Rule 14-2(a) Rule 24 Rule 15
9 Form 9
Register Of Compensatory Holidays
Rule 77(4)
To be maintained by the manager in respect of compensatory holidays To be maintained by the manager of every factory in which workers are exempted under Sections 64 or 65
10 Form 10 Overtime Muster Roll for exempted workers Rule 78 11 Form 10-A Overtime Slip 12 Form 11 Notice Of Periods Of Work for Adult Workers Rule 79 13 Form 12 Register Of Adult Workers 14 Form 12-A Identity Card Of Workers Rule 80 Rule 80-A
To be exhibited by the Manager of every factory To be maintained in every factory To be issued to every worker with the signature of occupier/manager of the factory To be exhibited by the Manager of every factory To be maintained in respect of child workers employed To be maintained by the manager of every factory To be maintained by the manager in respect of dangerous operations Factory Inspector; SDO;Officer-InCharge of the nearest police station
15 Form 13 Notice of Periods of work for child workers Rule 85 16 Form 14 Register Of Child Workers 17 Form 15 Register Of Leave with wages 18 Form 16 Health Register Rule 86 Rule 87 Section 87
19 Form 17-A Notice Of Accident or dangerous occurrence Rule 96
Within 12 hours of occurrence of an accident
20 Form 18 Notice Of Poisoning or disease 21 Form 19 Abstract of the Act 22 Form 20 Annual Return 23 Form 21 Half Yearly Return
Rule 97 Rule 99 Rule 100(1) Rule 100(2)
To be sent by the manager of the factory as soons as any worker contacts any disease specified in the schedule to the Chief Inspector/ Inspector/Medical Inspector/Certifying Surgeon To be displayed in every factory To be furnished by the Manager to the Chief Inspector before 15th January of the year subsequent to which it relates To be furnished by the Manager to the Chief Inspector before 15th July of each year
24 Form 22 Muster Roll 25 Form 23 26 Form 24 27 Form 25 28 Form 26 29 Form 27
To be maintained by the manager of every factory in respect of workers employed in the factory To be maintained in every factory furnishing complete details in respect Register Of Accidents Rule 104 of every accident which may occur To be granted by the certifying surgeon in respect of persons employed in operations involving Special Certificate Of Fitness use of lead compounds Certificate Of Fitness for dangerous To be granted by the certifying surgeon in respect of persons employed Rule 96 operations in dangerous operations Register Of Surgeon's fees for the issue of To be maintained by the certifying surgeon or examining surgeon in Rule 14 duplicate certificate respect of fees paid for issue of a duplicate certificate To be handed over by the certifying surgeon or examining surgeon to the Certifying Surgeon's visit Note Rule 14 (9) Manager detailing the result of each visit to the factory Rule 103
30 Form 28 Diary Of Inspector Of Factories 31 Form 29 Closure Report Of a Factory 32 Form 30 Register of Water Sealed Gas Holder 33 Form 31 Rule 57-A To be maintained by the manager in respect of examination reports of the gas holders carried out by the person qualified to carry out the test To be submitted by the person carrying out the examination in the form of a report to the manager or the occupier. To be maintained in every factory carrying therein the name of every worker who may be employed in performing work specified in section 21 To be maintained by the manager, containing therein the certifcates issued to young persons. To be sent by the manager or occupier of the factory to the chief Inspector in respect of the manufacturing process carried out. To be sent by the manager/ occupier within 15 days from the date of examination.
Report of examination of water sealed gas Rule 57-A holders Register of trained adult male workers 34 Form 32 employed to carry out mounting or shifting Rule 59-A or belts, lubrications etc. Certificate to young persons considered fit 35 Form 33 to work at machine, plant or process of Rule 59-B(2) dangerous character 36 Form 34 Form Of Certificate Of Stability 37 Form 35 Record Of Eye Examination Rule 3-A Rule 59-C(4)
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Objective: To regulate the employment of contract labour in certain establishment and to provide for its abolition in certain circumstances and for matters connected therewith. Applicability: • Every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour. • Every contractor who employs or who employed on any day of the preceding 12 months 20 or more workmen. • Registration of establishment: Principal employer employing 20 or more workers through the contractor or the contractor(s) on deposit of required fee in Form No. 1. • Licensing of Contractor: • Engaging 20 or more than 20 workers and on deposit of required fee in Form IV. • Valid for specified period of time. • Welfare measures to be taken by the Contractor: • Contract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained. • • • First-aid boxes. Rest-room. Facility of drinking water, washing facilities.
Responsibility of Contractor:
• To pay timely and to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. • Rate of wages not less than the rates as fixed or prevailing for such employment as fixed by agreement. Liability and rights of Principal Employer: • To ensure provision for canteen, rest-rooms, sufficient supply of drinking water, latrines and urinals, washing facilities. • Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable.
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 & ITS CENTRAL RULES, 1971 S.N Forms o Required Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks
1 Form I
Application For Registration of Establishments employing Rule 17(1) As & when required contract labour
application to be accompanied Registering Officer of by a DD showing payment of the area in which the fees for registration; establishment sought to application shall be personally be registered is located delivered or sent by registered post
2 Form II
Certificate Of Registration
Rule 18(1) Rule 18(3)
To be granted by the registering officer to the Principal Employer To be maintained by the Registering Officer showing particulars of establishments in relation to which certificates of registration have been issued To be submitted by the contractor for grant of a licence to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located As & when required Issued by the Principal Employer to the contractor
3 Form III Register Of Establishments
4 Form IV Application For Licence 5 Form V 6 Form V-A 7 Form VI 8 Form VI-A
Rule 21(1)
9 Form VI-B
Form Of Certificate By Rule 21(2) Principal Employer Application for the adjsutment Rule 24(1-A) of security deposit Form of licence granted by the Rule 25(1) Office Of the licensing officer Notice of Commencement/ Rule Completion Of Contract Work 25(2)(viii) by the licencee Notice Of Comencement/ Completion of contract work by Rule 81(3) the employer for each contractor
Application to be made by the Contractor to the licensing Officer To be granted by the licensing officer to the Contractor Within 15 days of commencement & completion of contract work Within 15 days of commencement & completion of contract work under each contractor Inspector appointed under Sec. 28 Inspector appointed under Sec. 28 To be submitted by the contractor To be submitted by the Principal Employer
To be applied to the licensing officer by the contractor within 30 days before the date on which licence expires application to be accompanied When conditions arise Registering Officer of by a DD showing payment of Application for temporary requiring the employment of the area in which the fees for registration; 11 Form VIII registration of establishments Rule 32(2) contract labour immediately establishment sought to application shall be personally employing contract labour and estimated to last not more be registered is located delivered or sent by registered than 15 days post Temporary Certificate Of 12 Form IX Rule 32(3) To be granted by the registering officer to the Principal Employer Registration 10 Form VII Rule 29(2) 13 Form X Application for temporary Licence Rule 32(2) To be submitted by the contractor for grant of a licence to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located
Application for renewal of licences
14 Form XI Temporary Licence 15 Form XII Register Of Contractors 16 Form XIII Register of Workmen employed by the contractor
Rule 32(3) To be granted by the licensing officer to the Contractor Rule 74 Rule 75 Rule 76 Rule 77 To be maintained By the Principal Employer To be maintained by the contractor in respect of each registered establishment where he employs contract labour To be issued by the contractor to each worker within 3 days of employment of worker To be issued by the contractor to the workman whose services have been terminated for any reason whatsoever
17 Form XIV Employment Card 18 Form XV Service Certificate 19 Form XVI Muster Roll 20 Form XVII Register Of Wages 21 Form XVIII
To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(i) contract labour To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(i) contract labour
To be maintained by the contractor in respect of each work on which he engages Register Of Wages cum Muster Rule Roll 78(1)(a)(i) contract labour
22 Form XIX Wage Slip 23 Form XX Register of deductions for damage or loss
Rule 78(1)(b)
To be issued by the contractor to the workmen atleast a day prior to the disbursement of wages( applicable when wage period is one week or more
To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(ii) contract labour To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(ii) contract labour To be maintained by the contractor in respect of each work on which he engages Rule 78(1)(a)(ii) contract labour To be maintained by the contractor recording therein the number of hours, and wages Rule 78(1)(a)(iii) paid for, overtime work, if any Rule 82(1) To be sent by the contractor in duplicate to the licensing officer not later than 30 days from the close of half year
24 Form XXI Register Of Fines 25 Form XXII Register Of Advances 26 Form XXIII Register Of Overtime Return to be sent by the contractor to the licensing officer Annual Return Of Principal 28 Form XXV Employer to be sent to the Registering Officer 27 Form XXIV
Registering Officer of Before 15th February the area in which the Rule 82(2) following the end of the year establishment sought to to which it relates be registered is located
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Object: To define the conditions of recruitment, discharge, disciplinary action, holiday, leaves etc. Applicability & Obligation:
• To every Industrial Establishment employing 50 or more workmen in Maharashtra and Gujarat State • To frame draft standing orders & submit them to certifying officer for certification within six months from the date of the applicability of the Act. • Once the Act is applicable, it continues to apply even if the no. of workmen falls below the statutory limit. Eligibility: To workmen doing manual or technical work, clerical or supervisory work and journalist in case of newspaper establishment.
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 S.N Form Description Of the Form o Required Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark
1 Form I
Draft Standing Orders
Section 3
2 Form II 3 Form III
Notice under Section 5 Register
Section 5 Section 8
this form is to be accompanied by a statement giving Within six months from the date on which Certifying particulars of the this act becomes applicable to an Officer workmen employed and establishment the name of the trade union to which they belong To be sent by the certifying officer, on receipt of draft standing orders to the trade union requiring any objections from their end To be maintained by the certifying officer. This contains a copy of all certified standing orders To be made by any person dsiring to prefer an appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of standing orders Any notice of discontinuance or of restarting of a shift working shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment. A copy of such notice to be given to the secretary of the registered union. to be maintained by every industrial establishment a service card duly attested by an authorised officer in respect of each workman in the form appended to these orders
4 Form IV
Appeal
Rule 7-A(1)
5 Form IV-A
Notice of changes in shift Rule 7-A of Schedule I working Standing order 1 of schedule I-B
6 Form V
Service Card proforma
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------EMPLOYMENT EXCHANGES (CNV) ACT, 1959 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------The Equal Remuneration Act is a gift of "the International Women's Year" to women workers. It is enacted to give effect to the provision of Article 39 of the Constitution of India which contains a directive principle of equal pay for equal work for both men an women. The Act provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment. The main provisions of the Act are as follows. Equal pay for equal work: No employer shall pay to any worker employed by him remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of similar nature. {Section 4(1)} No discrimination to be made while recruiting men and women: No employer shall make any discrimination against women while making recruitment for the same work or work of a similar nature. {Section 5} Exceptions: The provisions of the Act shall be inapplicable when special treatment is given to women under any law or when special treatment is accorded to women in connection with the birth of a child. {Section 15} Claims and Complaints: (a) Complaints with regard to the contravention of any provision of the Act and claims arising out of non-payment of wages at equal rates to men an women workers for the
same work or work of similar nature shall be heard and decided by an authority appointed by the appropriate Government. An appeal shall lie against any order of the authority to an appellate authority appointed by the appropriate Government {Section7} (b) Monies due from an employer arising of the decision of the authority or the appellate authority can be recovered by making an application under Section 33-C(1) of the Industrial Disputes Act, 1947. {Section 7(8)} Penalties: If any employer (a) makes any recruitment in contravention of the provisions of the Act, or (b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of the Act, he would be punished with fine upto Rs. 10000.00 {Section 10} Maintenance of Register: Every employer shall maintain in the prescribed form a register in relation to the workers employed by him. {Section 8 & Rule 6} What is meant by equality of work?: The equality of work is not based on the designation or the nature of work alone. There are several other factors, which are equally relevant. They are qualifications, responsibilities, reliabilities, experience, confidentiality, functional need and requirements commensurate with the position in the hierarchy.
EMPLOYMENT EXCHANGES( COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 S.N Form o Required Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remark
Quarterly return to be submited to the 1 Form ER- 1 local employment exchange
Within 30 days of the due dates i.e. Rule 6 31st March, 30th June, 30th Local Employment Exchange September & 31st December
2 Form ER- 2
Occupational Return to be submitted to Rule 6 Biennial ( within 30 days of due date) Local Employment Exchange the local employment exchange Central /local Employment Exchange depending on the nature of vacancies
Requisition form to be used when Requisition 3 calling for applicants from form Employment Exchanges
Rule 4 As & when vacancies arise
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Objective: To regulate the conditions of the work of the children in certain employment. ‘Child’ means a person who has not completed his/her 14 years of age. Obligations & Prohibitions: • No child to be employed in occupation set forth in Part A of the Schedule or any workshop wherein any of the processes set-forth in part B of the Schedule is carried on. • Hours and period of work: • Not to exceed 3 hours
• Interval for rest: 1 hour • Spread over: not more than 6 hours inclusive of interval and the time spent for waiting • Not permitted to work between 7 pm to 8 am. • Not permitted to work on overtime. • Weekly Holidays: One whole day, not to be altered more than once in three months. • Display of Notice: Containing an abstract of Section 3 pertaining to prohibition of employment of children and the provisions for penalties.
CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986 S.N Form o Required Description Of the Form Relevant Clause Schedule Of Submission/ Maintenance Submitting Authority Remarks Shall be retained by the employer for a period of three years
1 2
To be maintained by every occupier of Form A an establishment in respect of children Rule 16(1) employed or permitted to work Form B Certificate of Age Rule 17(2)
Yearly
..
As & when felt necessary
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability:
• Every establishment which is a factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed and • Any other establishment employing 20 or more persons which Central Government may, by notification, specify in this behalf. (Infancy period of 3 years has been withdrawn by ordinance, w.e.f. 22-9-97) • Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act. Eligibility: Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. Benefits: Employees covered enjoy a benefit of Social Security in the form of an unattachable, unwithdrawable (except in severely restricted circumstances like buying house, marriage/education etc.) Financial nest egg to which employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employees' Pension Scheme and Employees' Deposit Linked Insurance Fund.
S.N o 1 Form 2 EMPLOYEES' PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 & THE SCHEMES PROVIDED THEREUNDER Schedule Of Submission/ Submitting Form Required Description Of the Form Relevant Clause Maintenance Authority Declaration & Form of nomination for EPF / 33(EPF);18(EPS); As & when a new entrant joins the Concerned RPFC Pension/ IF to be filled in by the eligible employee 10(EDLI) scheme
Remark
2 Form 3A/ Form 7 (PS)
Members' Annual Contribution Cards
Consolidated return of employees entitled to 3 Form 9/Form 3(PS)/ Form 1(IF) become members of the funds on the date of application of the scheme Return of employees qualifying for membership 4 Form 5 / Form 4(PS)/Form 2 (IF) under PF, Pension & Insurance Fund for the first time during the month Return of employees leaving the service of the 5 Form 10 / Form 5(PS) employer during the month 6 Form 5-A Return of ownership in duplicate
7 Form 12-A/ Form 6 (PS)/ Form 4 (IF) Consolidated Statement Of Dues and Remittance 8 Form 6-A/ Form 8 (PS) 9 Form 13 Consolidated Annual Contribution statement
35,42,43,44(EPF); By 30th April every year for the 19(EPS) year ending 31st March 36(EPF); within 15 days of the 20(EPS); commencement of the scheme 10(EDLI) 36(EPF); within 15 days of the close of 20(EPS); month 10(EDLI) 36(EPF) ; within 15 days of the close of 20(EPS) month Immediately on coverage & within 36A(EPF); 15 days of making any change in 21(EPS); 1(EDLI) the establishment 38(EPF);20(EPS); within 20 days of the close of the 10(EDLI) month 43(EPF) ; By 30th April every year for the 20(EPS) year ending 31st March As and when required As and when required within 15 days of the close of month As and when required
Concerned RPFC Concerned RPFC
Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC Concerned RPFC
Form concerning transfer of previous 28(EPF) accumulation dues from existing PF Details of past employment / membership of 10 Form 11 employee Remittance of PF contribution, Pension fund, Challan ( there is one consolidated 11 Administration & Inspection Charges, EDLI & its challan of accounts 1,2,10,21 & 22 ) admin. Charges 12 Form- 10 C Form to be used by a member of EPS 1995 for claiming withdrawal benefit / Scheme Certificate Form to be used for claiming superannuation pension, Retirement pension, Short Service Pension, Disablement pension, Widow Pension, Children Pension, Orphan Pension Claim form to be used by a major member of the EPF scheme Claim form to be used by a nominee/ or a legal heir in case of death of a member of the EPF scheme
Concerned RPFC
13 Form- 10 D
As and when required
Concerned RPFC
14 Form- 19 15 Form- 20
As and when required As and when required
Concerned RPFC Concerned RPFC
TRADE UNIONS ACT, 1926
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------S.N Forms o Required 1 Form A TRADE UNIONS ACT, 1926 AND CENTRAL TRADE UNION REGULATIONS, 1938 Schedule Of Submission/ Submitting Description Of the Form Relevant Clause Maintenance Authority Application for registration of trade union Register of trade unions Certificate of Registration of Trade Union Annual Return For the year ending 31st March Section 5 & Regulation 3 As & when a trade union comes into existence
Remark
The application to be Registrar of accompanied by a copy of the Trade Unions rules of trade union and other particulars
2 3 4
Form B Form C Form D
Section 8 & Regulation 4 Section 9 & Regulation 5
To be maintained by the Registrar of trade unions, up to date To be issued by the Registrar Of Trade Unions on registering a trade union Registrar of Trade Unions
Section 28 & Regulation 12 By 31st July each year
INDUSTRIAL DISPUTES ACT, 1947 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INDUSTRIAL DISPUTES ACT, 1947 & INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 S.N Form Relevant Description Of the Form Schedule Of Submission/ Maintenance Submitting Authority o Required Clause Form of application for the reference of an Labour Secretary, GOI/Chief As & when a dispute is sought to be industrial dispute to a board of 1 Form A Rule 3 Labour Commissioner/RLC( referred conciliation/court of enquiry/labour C)/ALC( C) court/national tribunal To be issued by the Labour Secretary to the parties requiring them to 2 Form B Notice to represent persons on board Rule 6 nominate a certain no. of persons to represent them on board 3 Form C Agreement As & when a dispute ought to be Rule 7 referred for arbitration Labour Secretary, GOI/Chief Labour Commissioner/RLC( C)/ALC( C)
Remark
4
Form D Summons
To be issued by a board/court/labour court/tribunal/national tribunal Rule 17 which requires the parties to produce any books, documents for purposes of investigation As & when a change ought to be Rule 34 effected Labour Secretary, GOI/Chief Labour Commissioner /RLC( C)/ALC( C)/Secretary of registered trade union
5
Notice of change of service conditions Form E proposed by an employer
6 Form F Form Of Authority 7 Form G Form Of Nomination Paper Progress Report on Constitution and 8 Form G-1 functioning of Works Committee for the half year ending 30th June/31st Dec 9 Form H Form for memorandum of settlement
to be sent to the concerned authority giving the names of representatives To be delivered to the employer nominating a candidate for election to the works' Rule 47 committee, duly signed by the proposer and the candidate Rule 36 Rule 56-A Not later than 20th day of the month ALC( C) following the half year To be sent to Labour Secretary, GOI/Chief Labour Commissioner/RLC( C)/ALC( C) duly signed by the parties to the proceedings.
Rule 58
10 Form I Complaint under Section 33-A of the act
every complaint to be verified and to be presented in triplicate and to be accompanied by as many copies as there are opposite parties to the Rule 59 complaint. The complaint ought to be presented before the labour court/tribunal/National Tribunal Rule 60(1) to be made by the employer seeking express permission in writing of the Conciliation officer/board/labour court/ tribunal/ national tribunal
11 Form J Application for permission
to be made by the employer seeking express permission in writing of Application for permission under Section 12 Form K Rule 60(2) the Conciliation officer/board/labour court/tribunal/national tribunal for 33 any action taken under Section 33-2(a) or (b) to be made by the workman or group of workmen to the Labour Rule 62(1) Secretary/ RLC when any money is due from an employer to a workman or group of workmen
13 Form K-1 Application for recovery of dues
to be made by a person authorised in writing by the workman or in the Application by a person authorised by a case of death of workman, the assignee or heir of the deceased 14 Form K-2 workman or heir of deceased workman for Rule 62(1) workman to the Labour Secretary/ RLC when any money is due from an recovery of dues employer to a workman or group of workmen 15 Form K-3 Application to the labour court to receive To be made by a workman or group of workmen to the labour court to Rule 62(2) entitlements receive entitlements due from an employer
Application to the labour court by a person Rule 62(2) authorised by a workman or heir of deceased workman to receivegiven by Form of notice of strike to be entitlements 17 Form L Rule 71 Union/Workmen in a Public Utility Service Form Of Notice of Lock Out to be given by 18 Form M an employer carrying on a Public Utility Rule 72 Service 16 Form K-4 Form of Report of Strike or Lock Out in a 19 Form N Public Utility Service 20 Form O Register Of Settlements 21 Form O-1 Notice of comemncement of lay-off 22 Form O-2 Notice Of Termination of lay off Rule 73 Rule 75 Rule 75-A Rule 75-A
To be made by the assignee or heir of the deceased workman to the labour court to receive entitlements due from an employer To be made by Union/Workmen to the employer, with copy to ALC (C )/ RLC( C)/ CLC(C ) To be made by the Employer with a copy to The Secretary of the Registered Union/ ALC(C )/RLC( C)/CLC( C) Information in this form to be submitted immediately on the occurrence of strike or lock out in a public utility service to the ALC(C ) for the local area concerned To be filed by the conciliation officer in respect of settlements effected under 7 days in respect of areas within RLC( C) with a within this actof commencement of lay his jurisdiction copy forwarded off to ALC( C) RLC( C) with a copy forwarded within 7 days of termination of lay off to ALC( C)
Form of application for permission to lay to be sent to the concerned authority and sent through registered post off, to continue the lay off of workmen in 23 Form O-3 Rule 75-B(1) acknowledgement due Industrial establishments to which provisions of Chapter V-B of the act applies 24 Form P Form of Notice of Retrenchment to be given by an employer under clause © of section 25(F) of this act Form of Notice of Retrenchment to be given by an employer under clause (d) of section 25(N) of this act Form of notice of closure to be given by an employer under Section 25-FFA of The Industrial Disputes Act1947 Form of notice of closure to be given by an employer under Section 25-O(1) of The Industrial Disputes Act1947 To be given within 3 days from the date Central Government/ RLC( C)/ Rule 76 on which notice is served to the ALC( C)/concerned workman employmeny exchange Rule 76-A(1) to be served by the employer to the central govt. or such authority as specified under the act to be sent by the employer to the Labour Secretary(GoI)/ RLC(C )/ALC( C)/Local Employment Exchange to be served by the employer to the Labour Secretary(GoI) with a copy to the Registered Trade Union of the establishment
25 Form P-A
26 Form Q
Rule 76-B
27 Form Q-A
Rule 76-C(1)
EQUAL REMUNERATION ACT, 1976
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------The Equal Remuneration Act is a gift of "the International Women's Year" to women workers. It is enacted to give effect to the provision of Article 39 of the Constitution of India which contains a directive principle of equal pay for equal work for both men an women. The Act provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment. The main provisions of the Act are as follows. Equal pay for equal work: No employer shall pay to any worker employed by him remuneration at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of similar nature. {Section 4(1)}
No discrimination to be made while recruiting men and women: No employer shall make any discrimination against women while making recruitment for the same work or work of a similar nature. Exceptions: The provisions of the Act shall be inapplicable when special treatment is given to women under any law or when special treatment is accorded to women in connection with the birth of a child. {Section 15} Claims and Complaints: (a) Complaints with regard to the contravention of any provision of the Act and claims arising out of non-payment of wages at equal rates to men an women workers for the same work or work of similar nature shall be heard and decided by an authority
appointed by the appropriate Government. An appeal shall lie against any order of the authority to an appellate authority appointed by the appropriate Govt {Section 7} (b) Monies due from an employer arising of the decision of the authority or the appellate authority can be recovered by making an application under Section 33-C(1) of the Industrial Disputes Act, 1947. {Section 7(8)} Penalties: If any employer (a) makes any recruitment in contravention of the provisions of the Act, or (b) makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or (c) makes any discrimination between men and women workers in contravention of the provisions of the Act, he would be punished with fine upto Rs. 10000.00 {Section 10} Maintenance of Register: Every employer shall maintain in the prescribed form a register in relation to the workers employed by him. {Section 8 & Rule 6} What is meant by equality of work?: The equality of work is not based on the designation or the nature of work alone. There are several other factors, which are equally relevant. They are qualifications, responsibilities, reliabilities, experience, confidentiality, functional need and requirements commensurate with the position in the hierarchy.
EQUAL REMUNERATION ACT, 1976 & EQUAL REMUNERATION RULES, 1976 S.N Forms o Required 1 Form A Description Of the Form Relevant Schedule Of Submission / Submitting Authority Clause Maintenance As & when needed Remark
Form of complaint under clause (a) of sub section Rule 3(1) (1) of section 7 of the act Claim form under Section 7(1) of the act Rule 4(1)
Appropriate authority appointed To be submitted in under Section 7(1) triplicate Appropriate authority appointed To be submitted in under Section 7(1) triplicate Appropriate authority appointed under Section 7(1)
2 Form B 3 Form C 4 Form D
As & when needed As & when needed
Form Of Authority in favour of legal practitioner or Rule 5 any official of a registered Trade Union Register to be maintained by the Employer Rule 6
To be maintained up to date ---
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------WORKMEN'S COMPENSATION ACT, 1923 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: Employer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent on hire to another person, then means such other person. Eligibility: Any workman who is injured by accident arising out of and in the course of this employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation. Benefits: Amount of compensation shall be payable by the employer:
• Where death results from injury 40% of monthly wages x relevant factor or Rs.20, 000 whichever is more. • Where permanent total disablement results from the injury 50% of monthly x relevant factor or Rs.24,000 whichever is more (relevant factor depends upon the age of a workman) • Where permanent, partial disablement or temporary disablement results from injury as per prescribed schedule. *** This act is not applicable if ESIC is deducted.
WORKMEN'S COMPENSATION ACT, 1923 & WORKMEN'S COMPENSATION RULES, 1924 S. Forms No Required Description Of the Form Relevant Schedule Of Submission / Maintenance Clause
Rule 6(1) Rule 6(1)
Submitting Authority
1 Form A Deposit of compensation for fatal accident Deposit of compensation for non fatal accident to a woman or person under legal disability 3 Form B Receipt for compensation 4 Form C Statement of disbursements 2 Form AA 5 Form D
To be submitted by the employer as & when The Workmen's Compensation Commissioner an injury resulting in death occurs.
to be submitted by the employer as & when The Workmen's Compensation an injury occurs. Commissioner Rule 6 To be given by the Commissioner to the employer on receipt of form A or B Rule 6(3) To be furnished by the Commissioner to the employer on receipt of application to be submitted by the employer as & when The Workmen's Compensation Commissioner an injury occurs.
Deposit of compensation for non-fatal accidents, other Rule 9 than to a woman or person under legal disability Rule 9
6 Form E Receipt for compensation 7 Form EE Report of fatal accidents 8 Form F Application for compensation by workman 9 Form G Application for order to deposit compensation 10 Form H Application for commutation
To be given by the Commissioner to the employer on receipt of form D Within 7 days of death or serious bodily The Workmen's Compensation Rule 11 injury Commissioner Rule 20 to be made by the applicant and sent to the commissioner Rule 20 to be made by the applicant and sent to the commissioner Rule 20 to be made by the applicant and sent to the commissioner
11 Form J Notice 12 Form JJ Notice 13 Form K 14 Form L 15 Form M
Rule 39 To be issued by the commissioner to the applicant for compensation Rule 39(3) To be issued by the commissioner to the applicant for compensation
Memorandum Of Agreement concerning injury resulting Rule 48 To be sent by the employer to the commissioner in temporary disablement Memorandum Of Agreement concerning injury resulting Rule 48 To be sent by the employer to the commissioner in permanent disablement Memorandum Of Agreement concerning injury resulting Rule 48 To be sent by the employer to the commissioner in temporary disablement Rule 49 To be issued by the commissioner to the parties concerned on receiving a memorandum of agreement
16 Form N Notice to record memorandum of agreement
17 Form O Notice to not record memorandum of agreement
To be issued by the commissioner to the parties concerned on receiving a Rule 49 & memorandum of agreement , stating reasons for failure to record the 50 memorandum of agreement To be issued by the commissioner to the parties stating a date for hearing the Rule 50 parties and giving them an opportunity to show cause why the said agreement ought to be registered. To be issued by the commissioner to the parties stating a date for hearing the parties and giving them an opportunity to show cause why the said agreement Rule 50 ought to be registered and directing them to make all representations on the scheduled date Rule 52 To be maintained by the commissioner up to date
18 Form P Notice of show cause
19 Form Q Notice of show cause
20 Form R Register Of Agreements
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------MINIMUM WAGES ACT, 1948 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Applicability: Any person who directly or through another person, whether for himself or for any other person employs one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this act, Eligibility: Any person who is employed for hire or reward to do any work in a scheduled employment and includes an outdoor worker to whom any articles or materials are given for either doing some work either at home or any other premises. Benefits: The Act prescribes the minimum rates of wages payable to employees for different scheduled employments for different class of work and for adults, adolescents, children and apprentices depending upon different localities.
MINIMUM WAGES ACT, 1948 & BIHAR MINIMUM WAGES RULES S.No Form Required 1 2 3 4 5 6 7 8 Form I Form II Form III Form IV Form V Form VI Form VI- A Form VII Description Of Submitting Relevant Clause Schedule Of Submission/ Maintenance Remark the Form Authority Rule 21(4) Register Of Fines Ought to be up to date Register of deductions for damage or loss Rule 21(4) caused to the employer, by the neglect or Ought to be up to date default of the employed persons Rule 21(4-A) Annual Return By Ist February each year Rule 25(2) Register Of Overtime Ought to be up to date Rule 26(5) Muster Roll Ought to be up to date Form Of Application by an employee regarding any claim preferred by the employee/ inspector/official of registered Section 20(2) trade union/legal practitioner may apply Form for a single application in respect of any number of employees employed in scheduled employment. Section 21(1) Authority Form of application by an Inspector or person to be presented within 6 months from appointed Section 20(2) acting with the permission of authority the date of payment of minimum wages under the act. Authority Form in authority in favour of a legal to be presented within 6 months from Section 20(2) appointed practitioner/official of a registered trade union the date of payment of minimum wages under the Form Of Summons to the opponent to appaear When an application under section 20 is entertained , the authority Section 20(3) before the authority shall hear the applicant & the employer. Abstracts of the Minimum Wages Act, 1948 & Rule 22 To be displayed at the factory premises the Bihar Minimum wages Rules, 1951 Ought to be up to date for every wage Rule 26(1) Register Of Wages period Rule 26(2) Wage Slip Ought to be issued every wage period
9 10 11 12 13
Form VIII Form IX Form IX-A Form X Form XI
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------EMPLOYEES’ STATE INSURANCE ACT, 1948
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • All factories excluding seasonal factories employing 10 or more persons & working with power. • All factories excluding seasonal factories employing 20 or more person & working without power. • Any establishment which the Government may specifically notify as being covered. • Shop Employing 20 or more persons. Note: As soon as the above conditions are fulfilled the employer should furnish the details in Form – 01 to ESI office for registration under the ESI Act, 1948 & Obtaining of the employer's Code No. Eligibility: • Any person employed for wages (upto Rs. 7500) a month, excluding remuneration for overtime work in or in connection with the work of a factory or establishment and • Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory. Benefits: • Free medical treatment is offered to covered employees at hospital and dispensaries run by the ESI Corporation. • About 7/12th of employees normal wage will be payable to him by ESI during sickness. • Maternity benefit for 12 weeks of which not more than 6 weeks should be preceding confinement.
• Injury during/in course of employment resulting in temporary/permanent disablement entitles the covered employee to a regular payment to substitute his lost wages. • Death during course of employment entitles specified dependents to a regular payment. One time payment of Rs. 2,500 to help meet funeral expenses.
EMPLOYEES STATE INSURANCE ACT, 1948 & EMPLOYEES STATE INSURANCE REGULATIONS, 1950 S.N Form o Required 1 2 Form I Description Of the Form Declaration Form Relevant Clause Schedule Of Submission/ Maintenance Regulation 11 & 12 Regulation 15-A Submitting Authority
to be filled in by the employee with his signature or thumb impression and submit it to the employer to be filled in by the employee and submitted back to the employer , who shall forward the same to the appropriate office within 10 days from the date of submission by the employee
Form I-A Family Declaration Form
3
to be submitted by the insured person to the employer within 15 days of such changes Form I-B Changes in family declaration form Regulation 15-B occurring and the employer in turn would forward the same to the appropriate office within 10 days of receipt.
4 Form 3 Return of declaration forms 5 Form 4 Identity Card 6 Form 4-A Family Identity Card
Regulation 14 Regulation 17
to be sent by the employer to the appropriate office within 10 days of receipt of the filled up forms to be issued by the appropriate office in respect of all insured employees, and send the same to the employer, who shall issue the same to the concerned employee after obtaining the signature in the card
Regulation 95-A to be arranged by the appropriate office and necessary family particulars added in Form 4 to be sent by the employer in quadruplicatealongwith receipt copies of challans to the appropriate office within 42 days of termination of related contribution period; within 21 days of permanent closure of the factory; within 7 days of the date of receipt of requisition from the appropriate office to be maintained by the employer in respect of every employee of his factory or establishment
7 Form 6 ESIC-Return of Contributions
Regulation 26
8 Form 7 Register Of Employees 9 Form 8 First Certificate
Regulation 32
Regulation 57 & this medical certificate is to be issued by the insurance medical officer during the first examination in respect of a spell of sickness or a spell of temporary disablement 89-B to be issued by the insurance meddical officer, when he feels that not later than 3 days of Regulation 58 & the date of examination(other than a first certificate) the insured employee would be fit to 89-B resume duties to be submitted by the insured person within 7 days (commencing from the date of first Regulation 59 & certificate) in cases wherein the final certificate is not issued within 7 days of issue of first 89-B certificate
10 Form 9 Final Certificate
11 Form 10 Intermediate Certificate
to be furnished by the insured person in cases wherein the insurance medical officer feels Regulation 61 & 12 Form 11 Special Intermediate Certificate that temporary disablement has continued for not less than 28 days and such disablement 89-B is likely to continue for a longer period to be submitted by the insured person desirous of claiming sickness or temporary Sickness or Temporary 13 Form 12 Regulation 63 disablement benefit to the appropriate local office by post or otherwise alongwith Disablement Benefit appropriate medical certificates 14 Form 12-A Maternity Benefit for sickness to be submitted by every insured woman claiming maternity benefit in case of sickness Regulation 89-B arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise
to be submitted by the insured person or insured woman desirous of claiming sickness or Sickness or Temporary Regulation 63 & temporary disablement benefit to the appropriate local office by post or otherwise alongwith 15 Form 13 Disablement Benefit or Maternity 89-B appropriate medical certificates Benefit for sickness to be submitted by every insured woman claiming maternity benefit in case of sickness 16 Form 13-A Maternity Benefit for sickness Regulation 89-B arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise to be submitted by the insured person or insured woman desirous of claiming sickness or Sickness or Temporary 17 Form 14 Disablement Benefit or Maternity Regulation 63 temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates Benefit for sickness 18 Form 14-A Maternity Benefit for sickness to be submitted by every insured woman claiming maternity benefit in case of sickness Regulation 89-B arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise Regulation 66 To be maintained by the employer in which appropriate particulars of any accident causing personal injury to an insured person may be entered and preserved every such book for a period of five years.
19 Form 15 Accident Book
to be furnished by the employer to the nearest local office and to the nearest insurance medical officer immediately if the injury is serious Dependant's benefit - Death Regulations 79 & To be issued free of charge by the Insurance Medical Officer attending the disabled person 21 Form 17 at the time of his death Certificate 95-C To be submitted by the dependant or dependants concerned or by the legal representative 22 Form 18 Dependant's benefit - Claim Form Regulation 80 of the insured member with all supporting documents to the appropriate local office by post or otherwise 20 Form 16 Accident Report from Employer Regulation 68 23 Form 18-A 24 Form 19 To be submitted by the dependant whose claim for dependant's benefit is admitted, to the Dependant's Benefit - Claim Form Regulation 83-A local appropriate office except in the case of first and final payments for periodical Payments
Maternity Benefit - Notice of Regulation - 87 To be submitted by an insured woman before confinement to the local appropriate office Pregnancy Maternity Benefit - Certificate of 25 Form 20 Regulation - 87 To be submitted by an insured woman before confinement to the local appropriate office Pregnancy Maternity Benefit - Certificate of To be submitted by every insured woman claiming maternity benefit before confinement not 26 Form 21 Regulation - 88 Expected Confinement earlier than 15 days before the expected date of confinement
27 Form 22 Maternity Benefit - Claim Form
To be submitted by every insured woman to the local appropriate officestating therein the Regulation 88 & date on which she ceases to work for remuneration and if the insured woman is claiming maternity benefit for miscarriage the claim form ought to be submitted within 30 days of the 89 date of miscarriage.
Maternity Benefit - Certificate of Regulation 88 & To be submitted by every insured womanwothin 30 days of the date on which her Confinement or Miscarriage 89 confinement takes place to the local appropriate office To be furnished by an insured woman who has claimed maternity benefit, if she does work 29 Form 24 Maternity Benefit - Notice Of Work Regulation 91 for remuneration on any day during the period for which maternity benefit would be payable to her. Maternity Benefit after the death of To be submitted by the nominee or legal representative of the insured woman to the local Form 24-A an insured woman leaving behind 30 Regulation 89-A appropriate office, a claim for maternity benefit within 30 days of the death of the insured & 24-B the child / Maternity Benefit- Death woman, together with a death certificate in 24-B Certificate To be submitted by an insured person declared as permanently disabled by a Medical Claim for Permanent Disablement 31 Form 25 Regulation 76-A Board to the local appropriate office by post or otherwise Benefit 28 Form 23 32 Form 25-A Funeral Expenses Claim Form Certificate for permanent 33 Form 26 disablement benefit Declaration & Certificate for Dependant's Benefit Regulation 95-E To be submitted by the claimant entitled, to the local appropriate office and in case of a minor, by his guardian and the form ought to be submitted with all supporting documents
34 Form 27
To be submitted by every person whose claim for permanent disablement has been Regulation 107 admitted at six monthly intervals, a certificate attested by such authority as may be specified by the director general To be submitted by every person whose claim for dependant's benefit has been admitted at Regulation 107-A six monthly intervals , duly attested by such authority as may be specified by the director general To be furnished by every employer to the appropriate office, such particulars & information Regulation 52-A in respect of abstention of an insured person from work for which sickness benefit or disablement benefit for temporary disablement have been claimed or paid To be furnished by every employer to the appropriate office, such particulars & information Regulation 52-A in respect of abstention of an insured woman from work for which maternity benefit hass been claimed or paid
PAYMENT OF BONUS ACT, 1965
35 Form 28 Abstention Verification
36 Form 28-A Abstention Verification
Applicability:
• Every factory (as def. in factories Act), and (b) Every other establishment in which 20 or more persons (less than 20 but 10 or more if appropriate govt. notifies) are employed on any day subject to certain exemptions. • Employees' drawing remuneration of Rs. 3,500/- or more and those who have worked for less than 30 days are not eligible to receive bonus under the Act. • Bonus to be paid within eight months from the expiry of the accounting year. Eligibility: • Every person (other than an apprentice) drawing salary up to Rs.3,500 per month. • Every person drawing salary between Rs.2,501/- and Rs.3,500/- per month. The bonus payable to him is to be calculated as if his salary were Rs.2500/- p.m. Benefits: • Subject to other provisions: - Minimum bonus shall be 8.33 % of salary/wages earned or Rs.100 whichever is higher. • If allocable surplus exceeds the amount of minimum bonus, then bonus shall be payable at higher rate subject to a maximum 20% of Salary/Wages. • Computation of bonus is to be worked BASIC + DA.
S.N Form o Required 1 Form A 2 Form B
PAYMENT OF BONUS ACT, 1965 & PAYMENT OF BONUS RULES, 1975 Relevant Schedule Of Submission/ Description Of the Form Clause Maintenance
Submitting Authority
Remark
Register showing the computation of allocable surplus Rule 4(a) To be maintained by the employer --Register showing the set on & set off of the allocable Rule 4(b) To be maintained by the employer --surplus Register showing the details of amount of bonus due to each of the employees, the deductions under section 17 Rule 4( c ) To be maintained by the employer --& 18 and the amount actually disbursed Time limit for the said Annual Return stating the amount of bonus paid to Within 30 days after the expiry of purpose is within a employees for the accounting year ending on 31st Rule 5 time limit specified for payment of Inspector period of eight months March bonus from the close of accounting year PAYMENT OF WAGES ACT, 1936
3 Form C
4 Form D
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • Every person employed in any factory, upon any railway or through sub-contractor in a railway and a person employed in an industrial or other establishment. • The State Government may by notification extend the provisions to any class of persons employed in any establishment or class of establishments. Eligibility: Every persons who is employed in any of the above mentioned establishments and who is drawing less than Rs.6,500 per month. Benefits: The Act prescribes for • The regular and timely payment of wages (on or before 7th day or 10th day of after wage period is greater than 1000 workers). • Preventing unauthorized deductions being made from wages and arbitrary fines.
PAYMENT OF WAGES ACT, 1936 & PAYMENT OF WAGES RULES, 1937 S.N Form o Required 1 Form A 2 Form B Description Of the Form Relevant Schedule Of Submission/ Maintenance Clause Submitting Authority Remark
Form Of Individual Application Section 15(2) Form Of Group application Section 15(2)
3 Form C
4 Form D
Form of application by an Section 15(2) inspector or person permitted & Section 16 by the authority or authorised to act Certificate Of Authorisation Section 15(2)
Within 12 months from the the date on which deductions were Inspector Of made or the date on which payment was due, as the case may Factories be. 12 months from the the date on which deductions were Within Inspector Of made or the date on which payment was due, as the case may Factories be. Within 12 months from the the date on which deductions were Inspector Of made or the date on which payment was due, as the case may Factories be. Within 12 months from the the date on which deductions were Inspector Of made or the date on which payment was due, as the case may Factories be.
5 Form E
Notice for disposal of application Record of order or direction
When an application is entertained under section 15(2), the authority shall hear the Section 15(3) applicant & the employer and direct the employer for refund of deductions made or payment of delayed wages or make no directions if the application is found to be malafide. Section 15(3) Record of order of direction to be made by the authority under the act Within 30 days of the date on which order or direction was made, an appeal could be made by the employer/ employee or his legal practitioner and the judge of the district court to issue the notice to the respondent of the day fixed for hearing of appeal.
6 Form F
7 Form G
Notice to respondent of the day fixed for the hearing of appeal Section 17 under section 17 of the act
THE MATERNITY BENEFIT ACT, 1961 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Applicability: • Every establishment being a factory, mine or plantation including any such establishment belonging to Government wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.
• Every shop or establishment wherein 10 or more persons are employed. Note: In case of Establishment or a Factory or a Shop is covered under the Employees' State Insurance Act, 1948, the provisions of the Maternity Benefit Act, 1961 shall not be applicable Eligibility: • An woman employee shall be entitled to Maternity Benefit, Provided she works for not less than 80 days in the 12 months immediately preceding the date of her expected delivery in an establishment of an employer from whom she claims maternity benefit. • The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall exceeds the date of her expected delivery. • An additional period of absence is permitted subject to maximum of 1 month for illness arising out of pregnancy. Benefits: • An woman employee is entitled for the payment of maternity benefit at the rate of average daily wage for the period of her actual absence i.e. period preceding the day of her delivery, the actual day of her delivery and any period immediately following that day, subject to maximum of 12 weeks and additional 1 month for illness arising out of pregnancy. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------PROFESSIONAL TAX -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Profession Tax is a State level Tax in India on Professions, Trades, Callings and Employments. The following Indian states levy Profession Tax – West Bengal, Karnataka, Maharashtra, Andhra Pradesh, Gujarat, Tamilnadu and Madhya Pradesh. Profession Tax in Andhra Pradesh In AP (Andhra Pradesh State Tax on Professions, Trades, Callings and Employments Act, 1975), Profession Tax is applicable both on Individuals & Organizations (Company, Firm, Proprietary Concern, Hindu Undivided Family (HUF), Society, Club, Association Of Persons, Corporation or any other corporate body in Andhra Pradesh per the provisions of the Andhra Pradesh Professional Tax Act of 1975. Profession Tax For Individuals in Andhra Pradesh. Every person residing in Andhra Pradesh engaged in any profession, trade, calling or employment is liable and has to obtain a Certificate of Enrolment from the Profession Tax Authority. Once this certificate is obtained, the person can discharge their individual tax liability for five years by paying lump sum amount equal to the amount of Profession Tax for four years in advance, getting relief for one year’s payment. Exempted Individuals in Andhra Pradesh The following persons are exempted from the provisions of the Profession Tax Act in Andhra Pradesh: Senior Citizen above 65 years age & Handicapped Person with more than 40 % disability or parent of a physically disabled or mentally retarded child.
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
THE ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments. About What: • To regulate conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public entertainment and other establishments. • Provisions include Regulation of Establishments, Employment of Children, Young Persons and Women, Leave and Payment of Wages, Health and Safety etc. Applicability & Coverage: • It applies to all local areas specified in Schedule-I • Establishment means any establishment to which the Act applies and any other such establishment to which the State Government may extend the provisions of the Act by notification • Employee means a person wholly or principally employed whether directly or through any agency, whether for wages or other considerations in connection with any establishment • Member of the family of an employer means, the husband, wife, son, daughter, father, mother, brother or sister and is dependent on such employer Returns: • Form-A or Form-B (as the case may be) {Section 7(2)(a), Rule 5} Before 15th December of the calendar year, i.e. 15 days before the expiry date The employer has to submit these forms to the authority notified along with the old certificate of registration and the renewal fees for minimum one year’s renewal and maximum of three year’s renewal • Form-E (Notice of Change) {Rule 8} Within 15 days after the expiry of the quarter to which the changes relate in respect of total number of employees qualifying for higher fees as prescribed in Schedule-II
and in respect of other changes in the original statement furnished within 30 days after the change has taken place. (Quarter means quarter ending on 31st March, 30th June, 30th September and 31st December)
REGISTERS:
• Form-A {Rule 5} -- Register showing dates of Lime Washing etc • Form-H, Form-J {Rule 20(1)} (if opening & closing hours are ordinarily uniform) Register of Employment in a Shop or Commercial Establishment • Form-I {Rule 20(3)}, Form-K (if opening & closing hours are ordinarily uniform) Register of Employment in a Residential Hotel, Restaurant, Eating-House, Theatre, or other places of public amusement or entertainment • Form-M {Rule 20(4)}-- Register of Leave – This and all the above Registers have to be maintained by the Employer • Visit Book This shall be a bound book of size 7” x 6” containing atleast 100 pages with every second page consecutively numbered, to be produced to the visiting Inspector on demand. The columns shall be: • Name of the establishment or Employer • Locality • Registration Number • Date and • Time
PAPERS NEEDED FOR A "SHOP AND ESTABLISHMENT" LICENSE:
• Filled up "Form A", describing nature of operations, to be submitted at the local BMC office. • Fees of Rs 1,400 per annum (depends on number of employees). • If rental property, then rent receipt, landlord NOC and rental agreement • If owned property, then society maintenance receipts • Electricity bill copy • Partnership deed (proving company is a legal entity) • Visiting/ Business cards, showing address of the enterprise
• Any entity which has customers coming in, which may cause annoyance or nuisance to neighbours, may need a license • But if you are a Chartered Accountant, Advocate or a Doctor, you do NOT need a license. Exception is if the Doctor is running over 2-bed clinic. • To "change user" from a residential room into commercial, BMC's permission is required (Maharashtra Rent Control Act, section 30 and also MRTP Act)
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
THE ANDHRA PRADESH LABOUR WELFARE FUND ACT, 1953
------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- --------- -------- -------- --------- ----- ------------ -------- --------- -------- -------- --------- -------- -------- -------- --------- -------- -------- --------- -------- -------- ----------------
An Act to provide for the constitution of a fund for the financing of activities to promote welfare of labour in the state of Andhra Pradesh. Applicability: Every employee, including employee through contractor, but not a managerial capacity or supervisor capacity drawing more than 3500/- pm. Payable: For the month of June and December, every year. Documents required for MLWF Inspection: • Paid Challans • MLWF Statement in respect of paid challans • Balance Sheet and Profit & Loss Account • Details of unpaid Wages, Gratuity & Bonus. 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."
ADDRESS OF LABOUR COMMISSIONERS
(I )
ANDAMAN AND NICOBAR ISLANDS
Telephone: (03192) 233138 / 232547 Email: [email protected] Website: http://labour.and.nic.in/
(I I )
DELHI
Office of the Labour Commissioner Government of N.C.T. Of Delhi, 5, Sham Nath Marg, Delhi - 110054. Tel Nos. 91-11-23967495; Fax: 91-11-23962823 E-mail Address: [email protected] Website: http://labour.delhigovt.nic.in/
(III)
Office of Labour Commissioner, Block No. 14, 2nd Floor, Udoyg Bhavan, Sector - 11. Gandhinagar - 382 013. Gujarat. Telephone: +91-232-57500 (O) Fax: +91-232-57502 Website: www.labourandemployment.gov.in
GUJARAT
(IV)
HIMACHAL PRADESH
Labour Commissioner cum Director of Employment New Himrus Bhawan, Circular Road,Shimla-171001. Telephone: (0177) 2625085 Email: [email protected]; [email protected] Website: http://himachal.nic.in/Employment/
(V)
KARNATAKA
Commissioner of Labour Karmika Bhavan, ITI Compound, Bannerghatta Road, Bangalore-560 029. Telephone: (080) 2653 1252 Website: www.labour.kar.nic.in
(VI)
KERALA
Office of the Labour Commissioner,
Housing Boards Building, Thiruvanathapuram, Kerala. Telephone: (0471) 2330414 Website: www.labourkerala.gov.in (VII)
MAHARASHTRA
Office of the Labour Commissioner, Commerce Centre, Tardeo Road, Mumbai. Website: http://industry.maharashtra.gov.in
(VIII) NAGALAND
Office of the Joint Labour Commissioner Government of Nagaland, District Labour Office, Wokha, Nagaland. Telephone: +91 (371) 2271168 Email: [email protected] Website: www.labourngl.nic.in
(IX) RAJASTHAN
Commissioner of (Labour & Employment) Department Office of Labour Commissioner, Govt. of Rajasthan, Jaleb Chowk, Jaipur-302002, Rajasthan Phone No: 0141-2607473, 2618517, 2619256 Website: www.rajlabour.nic.in
(IX) PUNJAB
Department of Labour Commissioner, Punjab, SCO No. 47-48, Sector - 17 E, Chandigarh - 160017 Phone: + 91-172-2702486 Fax: + 91-172-2704091 Email: [email protected] Website: www.pblabour.gov.in
(X) LAKSHADWEEP
District Employment Officer District Employment Exchange, Union Territory of Lakshadweep Kavaratti - Pin:682 555 Phone: 04896262082; Fax: 04896263035 Email : [email protected] Website :www.lakemployment.gov.in
(XI) TAMIL NADU
Labour Commissioner, DMS Complex, Teynampet, Chennai 600 006. Telephone:2432 1438/ 2432 1408/2432 1509 Website: http://www.tn.gov.in/department/labour.htm Source: http://www.mondaq.com/
ANNEXURE
PLEASE FIND ATTACHED THE EXCEL SHEET ON WHICH THE WORK WAS DONE. THE BRIEF HAS BEEN GIVEN ABOUT A MANUFACTURING INDUSTRY TPA BASED ON MY WORK EXPERIENCE AND EXPOSURE IN WORKING WITH THEM.
doc_214041784.pdf