A Brief Check List of Labour Laws
A Brief Check List of Labour Laws
A Brief Check List of Labour Laws
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.
Applicability
Every establishment which is factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed.
Government may, by notification, specify in this behalf. Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act.
Payment of Contribution
The employer shall pay the contribution payable to the EPF, and Employees Pension Fund in respect of the member of the Employees Pension Fund employed by him directly by or through a contractor.
Rates of Contribution
SCHEME Provident Fund Scheme Insurance Scheme Pension Scheme EMPLOYE EMPLOYE CENTRAL ES RS GOVTS 12% Amount > 8.33 0.5 8.33 Nil
NIL NIL
Nil 1.16%
Damages
Less than 2 months .@ 17% per annum Two months and above but less than upto four months .@22% per annum Four months and above but less than upto six months .@ 27% per annum Six months and above
Penal Provision
Liable to be arrested without warrant being a cognisable offence. Defaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto 3 years and fines upto Rs.10,000 (S.14). For any retrospective application, all dues have to be paid by employer with damages upto 100% of arrears.
Any premises whereon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any dayd preceding 12 months, wherein Manufacturing process is being carried on. Sec.2(ii)
Cleanliness Disposal of wastes and effluents Ventilation and temperature dust and fumes Overcrowding Artificial humidification Lighting rinking water Spittons. Secs. 11 to 20
Safety Measures
Facing of machinery Work on near machinery in motion. Employment prohibition of young persons on dangerous machines. Striking gear and devices for cutting off power
Self-acting machines. Casing of new machinery. Prohibition of employment of women and children near cottonopeners. Hoists and lifts.
Welfare Measures
Washing facilities Facilities for storing and drying clothing Facilities for sitting First-aid appliances one first aid box not less than one for every 150 workers. Canteens when there are 250 or more workers.
Shelters, rest rooms and lunch rooms when there are 150 or more workers. Creches when there are 30 or more women workers. Welfare office when there are 500 or more workers
Extra wages for overtime double than normal rate of wages. Restrictions on employment of women before 6AM and beyond 7 PM. Overlapping shifts prohibited. Secs. 51, 54 to 56, 59 & 60
Non-adult workers to carry tokens e.g. certificate of fitness. Working hours for children not more than 4 hrs. and not permitted to work during night shift. Secs. 51, 54 to 56, 59 & 60
Object of the Act Provisions for investigation and settlement of industrial disputes and for certain other purposes.
Industry has attained wider meaning than defined except for domestic employment, covers from barber shops to big steel companies. Sec.2(I) Works CommitteeJoint Committee with equal number of employers and employees representatives for discussion of certain common problems. Sec.3 Conciliationis an attempt by a third party in helping to settle the disputes Sec.4 Adjudication Labour Court, Industrial Tribunal or National Tribunal to hear and decide the dispute. Secs.7,7A & 7B
Failure, refusal or inability of an employer to provide work due to Shortage of coal, power or raw material. Accumulation of stocks. Breakdown of machinery. Natural calamity. Sec.25-C
When there are more than 100 workmen during proceeding 12 months. Sec.25-M
Payment of wages except for intervening weekly holiday compensation 50% of total or basic wages and DA for a period of lay off upto maximum 45 days in a year. Sec.25-C
When there are more than 100 workmen during preceding 12 months. Three months notice or wages thereto. Form QA Compensation @ 15 days wages. Sec. 25-N
Workman must have worked for 240 days. Retrenchment compensation @ 15 days wages for every completed year to be calculated at last drawn wages One months notice or wages in lieu thereof. Reasons for retrenchment Complying with principle of last come first go. Sending Form P to Labour Authorities.
Employer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher Courts. Sec.17B
Labour Court/Industrial Tribunal can Modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement. Sec.11A
Prohibition of unfair labour practice either by employer or workman or a trade union as stipulated in fifth schedule
Closure of an Undertaking
60 days notice to the labour authorities for intended closure in Form QA. Sec.25FFA Prior permission atleast 90 days before in Form O by the Government when there are 100 or more workmen during preceding 12 months. Sec.25-O
Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking. Within fourteen days of giving such notice. Before the expiry of the date of strike specified in any such notice as aforesaid. During the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months, after the conclusion of such proceedings.
During the pendency of conciliation proceedings before: i) a Board and seven days after the conclusion of such proceedings; ii) before a conciliation officer and seven
days after the conclusion of such proceedings
During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under Sub-Section(3A) of section 10A. During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. Secs.22&23
When in the course of conciliation proceedings etc., all persons working or joining subsequently.
Otherwise than in course of settlement upon the parties to the settlement. Sec.18
A settlement for a period as agreed by the parties, or Period of six months on signing of settlement. An award for one year after its enforcement. Sec.19
Offence
i)
Punishments
Imprisonment of up to 6 months or with fine up to Rs.3,000. Imprisonment up to one month or with fine up to Rs.50(Rs.1000 for lockout) or with both. Imprisonment up to 6 months or with fine up to Rs.1,000 Imprisonment for 6 months or with fine up to Rs.1,000 Imprisonment up to 6 months or with fine.On continuity of offence fine up to Rs.200 per day Imprisonment upto 6 months or with fine upto
ii) Illegal strike and lock-outs iii) Instigation etc. for illegal strike or lock-outs. iv) Giving financial aid to illegal strikes and lock-outs. vi) Breach of settlement or award vi) Disclosing confidential information pertaining to Sec.21
Offence
Punishment
vii) Closure without 60 days notice under Sec.25 FFA viii) Contravention of Sec.33 pertaining to change of conditions of Service during pendency of dispute etc.
Imprisonment upto 6 months or with fine upto Rs.5,000 Imprisonment upto 6 months or fine upto Rs.1,000.
Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates. Shift working. Attendance and late coming.
Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.
Closing and re-opening of sections of the industrial establishments, and temporary stoppages of work and the right and liabilities of the employer and workmen arising there from.
Termination of employment, and the notice thereof to be given by employer and workmen.
Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
Additional Matters
Service Record Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age Confirmation Age of retirement Transfer Medical aid in case of Accident ,Medical Examination, Secrecy, Exclusive service. Secs.2(g), 3(2) and Rule 2A
At the rate of fifty per cent, of the wages which the workman was entitled to immediately proceeding the date of such suspension, for the first ninety days of suspension. At the rate of seventy-five percent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is notdirectly attributable to the conduct such workman. Sec.10-A
The appropriate government to fix minimum rates of wages. To make review at such intervals not exceeding five years the minimum rates or so fixed and revised the minimum rates. Government can also fix Minimum Wages for Time work Piece work at piece rate Piece work for the purpose of securing to such employees on a time work basis Overtime work done by employees for piece work or time rate workers.
Overtime
To be fixed by the hour, by the day or by such a longer wage period works on any day in excess of the number of hours constituting normal working day. Payment for every hour or for part of an hour so worked in excess at the overtime rate double of the ordinary rate of (1 times or for agriculture labour) Sec. 5
Shall constitute a normal working day inclusive of one or more specified intervals. To provide for a day of rest in every period of seven days with remuneration. To provide for payment for work on a day of rest at a rate not less than the overtime rate... Sec. 13
Register of Fines Form I Rule 21(4) Annual Returns Form III Rule 21 (4-A) Register for Overtime Form IV Rule 25 Register of WagesForm X, Wages slip Form XI, Muster RollForm V Rule 26 Representation of register for three year Rule 26-A Sec. 18
Offence
Punishment
For paying less than minimum rates of wages For contravention of any provisions pertaining to fixing hours for normal working day etc. Sec. 20
Imprisonment upto 6 months or with fine upto Rs.500/Imprisonment upto 6 months or with fine upto Rs.500/-
Thank You