il - handout 1 - labour laws

8/8/2019 Il - Handout 1 - Labour Laws

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A BRIEF CHECK LIST OF


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EMPLOYEES PROVIDENT

FUNDS & MISC. PROVISIONSACT, 1952


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Eligibility

Any person who is employed for

work of an establishment or

employed through contractor inor in connection with the work of

an establishment.


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Applicability

factory engaged in any industry

20 or more persons are employed.

20 or more persons which Central


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Government may, by notification,specify in this behalf.

Any establishment employingeven ess t an persons can ecovered voluntarily u/s 1(4) of the

.


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Payment of Contribution

The employer shall pay thecontribution payable to the EPF,

and Employees Pension Fund

in respect of the member of theEmployees Pension Fund employedby him directly by or through a

contractor.


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Rates of Contribution

SCHEME EMPLOYEES

EMPLOYERS

CENTRALGOVTS

rov enFund

12% Amount > Nil.

Insurance

.Pension

. .


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Damages

ess an mon s . perannum

than upto four months .@22% per

annum Four months and above but less

than upto six months .@ 27% per

annum Six months and above


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ena rov s on

Lia e to e arreste wit out warrantbeing a cognisable offence.

contributions or inspection/administrative

charges attract imprisonment upto 3years and fines upto Rs.10,000 (S.14).

For any retrospective application, all dues

ave o e pa y emp oyer wdamages upto 100% of arrears.


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Object of the Act

Provisions for investigation and

settlement of industrial disputesan or certain ot er purposes.


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Industry has attained wider meaning thandefined exce t for domestic em lo ment coversfrom barber shops to big steel companies.Sec.2(I)

or s omm ee o n omm ee w equanumber of employers and employeesrepresentatives for discussion of certain commonproblems. Sec.3

Conciliationis an attempt by a third party inhelping to settle the disputes Sec.4

Adjudication Labour Court, Industrial Tribunalor National Tribunal to hear and decide the

. Secs.7,7A & 7B


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Conditions for Laying off

a ure, re usa or na y o anemployer to provide work due to

,

material.

.

Breakdown of machinery.

.Sec.25-C


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r or erm ss on or ay o

When there are more than 100

workmen during proceeding 12

months.

Sec.25-M


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ay o ompensat on

Payment of wages except for

n erven ng wee y o ay

compensation 50% of total oras c wages an or a per o

of lay off upto maximum 45 days

n a year.Sec.25-C


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Prior Permission b theGovernment for Retrenchment

When there are more than 100workmen during preceding 12

.

Three months notice or wagest ereto.

Form QA

Compensation @ 15 days wages. Sec. 25-N


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Retrenchment of WorkmenCompensation & Conditions

Workman must have worked for 240 days.

Retrenchment com ensation 15 da s wa es 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.


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Right of a Workman during Pendencyof Proceedings in High Court

Employer to pay last drawn wagesto reinstated workman when

proceedings challenging the award

the higher Courts.

Sec.17B


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Power of Labour Court to give

Labour Court/Industrial Tribunal can

o y e pun s men o sm ssaor discharge of workmen and give

reinstatement.

Sec.11A


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practice either by employer orwor man or a ra e un on as

stipulated in fifth schedule

Both the employer and the Unioncan be punished. Sec.25-T


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osure o an n erta ng

60 days notice to the labour authorities forintended closure in Form QA. Sec.25FFA

Prior permission atleast 90 days before in

Form O by the Government when there areor more wor men ur ng prece ng

months.

Sec.25-O


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Prohibition of Strikes & Lock Outs

strike, as hereinafter provided, within sixweeks before striking.

Within fourteen days of giving such notice.

Before the expiry of the date of strikespecified in any such notice as aforesaid.

During the pendency of proceedings beforea Labour Court, Tribunal or NationalTribunal and two months, after theconc us on o suc procee ngs.


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During the pendency of conciliationproceedings before:

i) a Board and seven days after theconclusion of such roceedin s

ii before a conciliation officer and sevendays after the conclusion of suchproceedings


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During the pendency of arbitrationproceedings before an arbitrator and twomonths after the conclusion of such

r , w rbeen issued under Sub-Section(3A) of

section 10A.

During any period in which a settlement

or award is in operation, in respect of anyof the matters covered by the settlement

. .


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ersons oun y e emen

When in the course of conciliation.,

working or joining subsequently.

settlement upon the parties to the


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Period of Operation ofSettlements and Awards

A settlement for a period as agreedby the parties, or

Period of six months on signing ofsett ement.

An award for one year after itsenforcement. Sec.19


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ence un s ments

i) practices

-

mpr sonmen o up o

months or with fine up toRs.3,000.

Imprisonment up to one

iii) Instigation etc. for illegalstrike or lock-outs.

month or with fine up toRs.50(Rs.1000 for lock-out) or with both.

Imprisonment up to 6

iv) Giving financial aid to illegalstrikes and lock-outs.

months or with fine up toRs.1,000

Imprisonment for 6months or with fine u to

vi) Breach of settlement oraward

vi Disclosin confidential

Rs.1,000 Imprisonment up to 6

months or with fine.On

information pertaining toSec.21

up to Rs.200 per day

Imprisonment upto 6months or with fine upto


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Offence Punishment

v osure w ou

days notice under Sec.25FFA

mpr sonmen up o

6 months or withfine upto Rs.5,000

viii) Contravention ofSec.33 pertaining to

change of conditions of

Imprisonment upto

6 months or fineService during pendencyof dispute etc.

up o s. , .

ix) When no penalty isprovided for

Fine upto Rs.100


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STANDING ORDERS ACT, 1946


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Applicability ofthe Act

Every industrial establishmentwherein 100 or more


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Matters to be provided in

C assi ication o wor men, e.g., w et er

permanent, temporary, apprentices,

Manner of intimating to workmen periodsand hours of work, holidays, pay-daysand wage rates.

Shift working.

Attendance and late coming.


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Conditions of, procedure in applying for,,

and holidays.

Requirement to enter premises by certain, .

Closing and re-opening of sections of theindustrial establishments, and temporary

liabilities of the employer and workmenarising there from.


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Termination of employment, andthe notice thereof to be given by

.

Suspension or dismissal for

m scon uct, an acts or om ss onswhich constitute misconduct.


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Means of redressal for workmen against unfair

treatment or wron ful exactions b the em lo er orhis agents or servants.

Additional Matters

Service Record Matters relating toservice card, token tickets, certification ofservice, change of residential address of

Age of retirement Transfer Medical aid incase of Accident ,Medical Examination,

Secrecy, Exclusive service.

ecs. g , an u e


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Suspended Workers

e ra e o y per cen , o e wages

which the workman was entitled toimmediately proceeding the date of suchsuspension, for the first ninety days ofsuspension.

At the rate of seventy-five percent of suchwages for the remaining period of suspension

if the delay in the completion of disciplinaryproceedings against such workman is

workman. Sec.10-A


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MINIMUM WAGES ACT, 1948

Object of the Act

To provide for fixing minimum ratesof wages in certain employments


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Minimum Rates of

Wages

Such as Basic rates of wages etc.

Variable DA and Value of otherconcessions etc. Sec. 4


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Fixation of Minimum Rates of Wages

The appropriate government to fixminimum rates of wages.

exceeding five years the minimum rates or

so fixed and revised the minimum rates.

Government can also fix MinimumWages for

Time work Piece work at piece rate Piece work for the purpose of securing to

Overtime work done by employees for

piece work or time rate workers.


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Overtime

To e ixe y t e our, y t e ay or y

such a longer wage period works on any

constituting normal working day.

Payment for every hour or for part of anhour so worked in excess at the overtime

times or for agriculture labour) Sec. 5


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Fixing Hours for

Normal Working

a cons u e a norma wor ng

day inclusive of one or more.

period of seven days withremuneration.

To provide for payment for work ona ay o rest at a rate not ess t an

the overtime rate... Sec. 13


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Maintenance of registers and

records

Re ister ofFines Form I Rule 21 4

Annual Returns Form III Rule 21 (4-A)

Register for Overtime Form IV Rule 25

Register ofWagesForm X, WagesslipForm XI, Muster RollForm V Rule

26

year Rule 26-A Sec. 18


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Offence Punishment

or pay ng ess an

minimum rates ofwages

mpr sonmen up o

months or with fineupto Rs.500/-

For contravention of Imprisonment upto 6

pertaining to fixinghours for normal

upto Rs.500/-

.

Sec. 20

il - handout 1 - labour laws

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