industrial acts

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RAVI SHANKAR -[RSG] THE AMERI RAVI SHANKAR -[RSG] THE AMERI CAN COLLEGE, MDU CAN COLLEGE, MDU 1

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Page 1: Industrial Acts

RAVI SHANKAR -[RSG] THE AMERICRAVI SHANKAR -[RSG] THE AMERICAN COLLEGE, MDUAN COLLEGE, MDU

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WORKMEN’S COMPENSATION ACT 1923WORKMEN’S COMPENSATION ACT 1923 FACTORIES ACT 1948FACTORIES ACT 1948

APPRENTICES ACT 1961APPRENTICES ACT 1961 CONTRACT LABOR ACT[R&A] 1970CONTRACT LABOR ACT[R&A] 1970

EMPLOYMENT EXCHANGES ACT 1959EMPLOYMENT EXCHANGES ACT 1959 LABOR LEGISLATIONSLABOR LEGISLATIONS

SHOPS & COMMERCIAL ESTABLISHMENT SHOPS & COMMERCIAL ESTABLISHMENT ACTACT

CONTENTS OF PPT

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WORKMEN’S COMPENSATION ACT 1923WORKMEN’S COMPENSATION ACT 1923

Before elucidating about this act, Parliament has passed Before elucidating about this act, Parliament has passed workmen’s compensation (Amendment Bill) 2009, Which workmen’s compensation (Amendment Bill) 2009, Which mainly provides for the followingmainly provides for the following

a)a) Change of name of the Act to employee’s Compensation Act Change of name of the Act to employee’s Compensation Act 19231923b)b) Enhancement in Minimum Payment Compensation (Amount Enhancement in Minimum Payment Compensation (Amount Details will be listed in coming slides) Details will be listed in coming slides) c)c) Reimbursement of actual medical expenses incurred during Reimbursement of actual medical expenses incurred during treatment of injury caused whilst employmenttreatment of injury caused whilst employmentd)d) Increase in coverage by omission of restrictive clause in Increase in coverage by omission of restrictive clause in schedule II & inclusion of additional hazardous activities schedule II & inclusion of additional hazardous activities e)e) Disposal of cases of compensation by commissioner within 3 Disposal of cases of compensation by commissioner within 3 monthsmonthsf)f) Empower central Govt. to specify monthly wages for the Empower central Govt. to specify monthly wages for the purpose of compensation & enhance minimum rates of purpose of compensation & enhance minimum rates of compensation from time to timecompensation from time to time

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PROCEDURE FOR COMPENSATIONPROCEDURE FOR COMPENSATION

Notice of accidentNotice of accident Medical ExaminationMedical Examination Claim For examinationClaim For examination Registration of the compensation agreementsRegistration of the compensation agreements Commissioner for workmen’s compensationCommissioner for workmen’s compensation AppealAppeal

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WORKMEN COMPENSATION ACT 1923WORKMEN COMPENSATION ACT 1923

To deposit the compensation on an accident with the To deposit the compensation on an accident with the commissioner under the actcommissioner under the act

To deposit the compensation when due and penalty To deposit the compensation when due and penalty for the default with the commissioner under the actfor the default with the commissioner under the act

To observe the method of calculating wagesTo observe the method of calculating wages To report fatal accidents and serious bodily injuriesTo report fatal accidents and serious bodily injuries Not to indulge in contracting outNot to indulge in contracting out

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WORKMEN’S COMPENSATION ACT 1923WORKMEN’S COMPENSATION ACT 1923

Person Responsible – Employer – Penal Person Responsible – Employer – Penal Provisions- Fine Up to Five hundred RupeesProvisions- Fine Up to Five hundred Rupees

Some Special Cases on Workmen Compensation Some Special Cases on Workmen Compensation act 1923 in the following slidesact 1923 in the following slides

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WORKMEN’S COMPENSATION ACT 1923WORKMEN’S COMPENSATION ACT 1923

Jharkand high court DBJharkand high court DB: Project : Project officer, Giddi ’A’ colliery CCL, officer, Giddi ’A’ colliery CCL, Hazaribagh Vs. Sanjay Prasad Chaurasia Hazaribagh Vs. Sanjay Prasad Chaurasia & another 2005 ILLJ 891& another 2005 ILLJ 891

The workmen’s compensation The workmen’s compensation act, 1923 –Section 2(d) and 10-A act, 1923 –Section 2(d) and 10-A child in the mothers womb at the child in the mothers womb at the time of its father- workers death time of its father- workers death is ‘dependent’. However, claim is ‘dependent’. However, claim made by the child dependent after made by the child dependent after attaining majority, is barred by attaining majority, is barred by limitation limitation

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WORKMEN’S COMPENSATION ACT 1923WORKMEN’S COMPENSATION ACT 1923

Kerela high courtKerela high court : V. : V. Sukumaran Vs Union of Sukumaran Vs Union of India, 2005 Lab IC 2285 India, 2005 Lab IC 2285

The workmen’s The workmen’s compensation act ,1923- compensation act ,1923- section 4-Osteoarthrits was section 4-Osteoarthrits was not an occupational disease not an occupational disease and hence the compensation and hence the compensation under the act was not under the act was not payable. The disease must payable. The disease must be attributable to a specific be attributable to a specific injury arising out of and in injury arising out of and in the course of employment.the course of employment.

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WORKMEN’S COMPENSATION ACT 1923WORKMEN’S COMPENSATION ACT 1923

Various research have proved that stress related diseases like Various research have proved that stress related diseases like Hyper-tension, Ulcers, Hemorrhage and Insomnia are on Hyper-tension, Ulcers, Hemorrhage and Insomnia are on increase increase

They also associated it with work related stressThey also associated it with work related stress If an employee is able to establish the relationship between his If an employee is able to establish the relationship between his

disease and work, then he is eligible to get disease and work, then he is eligible to get compensationcompensation It has to be proved on the basis of the report by a qualified It has to be proved on the basis of the report by a qualified

doctor under the lawdoctor under the law As preventive measures we should try to create a work As preventive measures we should try to create a work

environment to avoid unnecessary stressenvironment to avoid unnecessary stress Regular health check upsRegular health check ups

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FACTORIES ACT 1948FACTORIES ACT 1948

Act which makes it obligatory on the part of the Act which makes it obligatory on the part of the employer to provide for the health, safety and welfare employer to provide for the health, safety and welfare of the workers employed.of the workers employed.

Applies to every factory wherein 10 or more workers Applies to every factory wherein 10 or more workers were employed, if run with power and 20 or more were employed, if run with power and 20 or more workers were employed.workers were employed.

Maintaining of important register enhance smooth Maintaining of important register enhance smooth performance of the organization.performance of the organization.

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FACTORIES ACT 1948FACTORIES ACT 1948 Hours of workHours of work (adult) not to exceed 48 hours in a week or 9 (adult) not to exceed 48 hours in a week or 9

hours in a day.hours in a day. Relaxation: Where an adult worker is engaged in urgent Relaxation: Where an adult worker is engaged in urgent

repairs.repairs. Payment of Overtime wages for overstay at workplace @ Payment of Overtime wages for overstay at workplace @

twice the ordinary rate of wages.twice the ordinary rate of wages. ** ** Provision relating to hours of work not applicable to Provision relating to hours of work not applicable to

supervisory staffsupervisory staff.. Weekly Holiday:Weekly Holiday: No work for more than 10 days without a No work for more than 10 days without a

day of rest.day of rest. Intervals of rest:Intervals of rest: half an hour for 5 hours of work half an hour for 5 hours of work No childNo child (who has not attained the age of 15 years) (who has not attained the age of 15 years) be be

permitted to work.permitted to work. Prohibition of employment of WomenProhibition of employment of Women:: No woman shall be No woman shall be

employed in any factory for more than 9 hours in any day or employed in any factory for more than 9 hours in any day or between 7 pm and 6 am.between 7 pm and 6 am.

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FACTORIES ACT 1948FACTORIES ACT 1948

Factories Act now allows women to work night shifts Factories Act now allows women to work night shifts PROVIDEDPROVIDED

Adequate safeguards in the factory as regards Adequate safeguards in the factory as regards occupational safety and health, equal opportunity for occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, women workers, adequate protection of their dignity, honor and safety and their transportation from the honor and safety and their transportation from the factory premises to the nearest point of their factory premises to the nearest point of their residence" are maderesidence" are made..

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REGISTER’S TO BE MAINTAINEDREGISTER’S TO BE MAINTAINEDunder FACTORIES ACT 1948under FACTORIES ACT 1948

AdultWorkers

Leave with Wages

Accident Register With Forms

Muster Roll & Wages Register

Inspection Book

Register of Compensatory Holidays & Overtime

Muster roll For Exempted Workers

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FACTORIES ACT 1948FACTORIES ACT 1948

Leave with Wages – in Form 15Leave with Wages – in Form 15 @ @ 1day for every 20 days provided -----1day for every 20 days provided -----

240 days of work during preceding year240 days of work during preceding year

Days of lay off, paid holidays or leave days Days of lay off, paid holidays or leave days consideredconsidered

Encashment of unveiled leave: Encashable at the Encashment of unveiled leave: Encashable at the present rate of wages.present rate of wages.

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FACTORIES ACT 1948FACTORIES ACT 1948

RETURNS TO BE SENT TO APPROPRIATE RETURNS TO BE SENT TO APPROPRIATE AUTHORITIESAUTHORITIES

Notice of accidents and dangerous occurrences resulting in Notice of accidents and dangerous occurrences resulting in death or bodily injury in form 18death or bodily injury in form 18 (similar to the one to be sent (similar to the one to be sent ESI Local Office under the ESI Act)ESI Local Office under the ESI Act)

Half yearly returns in form 22Half yearly returns in form 22 Annual returns in form 21Annual returns in form 21 Notice of change of Manager in form 23Notice of change of Manager in form 23 Details of closure in form 32Details of closure in form 32 Report of examination of Pressure Vessel or Plant in form 8Report of examination of Pressure Vessel or Plant in form 8 Report of examination of Water sealed Gas holder in form 38Report of examination of Water sealed Gas holder in form 38 Report of Examination of Hoist or Lift in form 41Report of Examination of Hoist or Lift in form 41 Certificate of Fitness for Dangerous Operations in form 39Certificate of Fitness for Dangerous Operations in form 39

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APPRENTICES ACT 1961APPRENTICES ACT 1961

The Act extends to the whole of India.The Act extends to the whole of India.

Applies to those apprentices who are undergoing Applies to those apprentices who are undergoing apprenticeship training in designated trades.apprenticeship training in designated trades.

From time to time, the Central Govt. has specified the From time to time, the Central Govt. has specified the designated trades. designated trades.

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APPRENTICES ACT 1961APPRENTICES ACT 1961

CONTRACT OF APPRENTICESHIP CONTRACT OF APPRENTICESHIP

A contract of apprenticeship training is entered in to A contract of apprenticeship training is entered in to between the employer and the apprentice or, if he is a between the employer and the apprentice or, if he is a minor, guardian of the apprentice.minor, guardian of the apprentice.

The contract of apprenticeship training is to be sent to The contract of apprenticeship training is to be sent to the Apprenticeship adviser of the respective area.the Apprenticeship adviser of the respective area.

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APPRENTICES ACT 1961APPRENTICES ACT 1961

TERMINATION OF TRAINING TERMINATION OF TRAINING

On the expiry of the period of apprenticeship training On the expiry of the period of apprenticeship training specified in the contract.specified in the contract.

- Premature termination by employer -- Premature termination by employer - The employer shall pay to the apprentice such The employer shall pay to the apprentice such

compensation as may be prescribedcompensation as may be prescribed- Premature termination by the apprentice-- Premature termination by the apprentice-

Apprentice or his guardian shall refund to the Apprentice or his guardian shall refund to the employer as cost of training such amount as may be employer as cost of training such amount as may be determined by the Apprenticeship adviserdetermined by the Apprenticeship adviser

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APPRENTICES ACT 1961APPRENTICES ACT 1961

NUMBER OF APPRENTICES NUMBER OF APPRENTICES

Depends on Depends on the ratio of trade apprentices to workersthe ratio of trade apprentices to workers other than unskilled workers other than unskilled workers and the facilities and the facilities availableavailable and that may be made available by the and that may be made available by the employer employer for trainingfor training the apprentices. the apprentices.

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APPRENTICES ACT 1961APPRENTICES ACT 1961

DUTIES OF THE EMPLOYERDUTIES OF THE EMPLOYER

Make suitable Make suitable arrangementsarrangements for imparting for imparting practical practical trainingtraining

Provide for Provide for basic trainingbasic training.. Where an employer employs 500 or more workers, Where an employer employs 500 or more workers,

the basic training shall be imparted in the basic training shall be imparted in separate part of separate part of the workshop building or in a separate buildingthe workshop building or in a separate building set up set up by the employer. by the employer.

* The employer may get easy loan from the Govt. * The employer may get easy loan from the Govt. for construction of building for conducting training for construction of building for conducting training classesclasses

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APPRENTICES ACT 1961APPRENTICES ACT 1961

ITIsITIs If the If the numbernumber of apprentices to be trained is of apprentices to be trained is lessless than than

twelvetwelve, then the employer may depute such , then the employer may depute such apprentices to any apprentices to any Basic Training Center or Industrial Basic Training Center or Industrial Training InstituteTraining Institute run by the Government for basic run by the Government for basic training in any designated trade.training in any designated trade.

Where an employer deputes any apprentice as above, Where an employer deputes any apprentice as above, such employer shall pay to the Government the such employer shall pay to the Government the expenses incurred by the Government on such expenses incurred by the Government on such training, at such rate as may be specified by the training, at such rate as may be specified by the Central Government.Central Government.

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APPRENTICES ACT 1961APPRENTICES ACT 1961

RI CENTRE RI CENTRE

Apprentice to be given Related Instruction course.Apprentice to be given Related Instruction course.

Time spent by a trade apprentice in attending classes Time spent by a trade apprentice in attending classes on RIC shall be treated as part of his paid period of on RIC shall be treated as part of his paid period of work.work.

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APPRENTICES ACT 1961APPRENTICES ACT 1961

DISPUTESDISPUTES

Any disagreement or dispute between an employer Any disagreement or dispute between an employer and an apprentice arising out of the contract of and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship apprenticeship shall be referred to the Apprenticeship Adviser for decision.Adviser for decision.

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CONTRACT LABOUR ACT [REGULATION & CONTRACT LABOUR ACT [REGULATION & ABOLITION] 1970ABOLITION] 1970

Regulate the employment of contract labor in certain Regulate the employment of contract labor in certain establishmentsestablishments

Provide for its abolition in certain circumstances & Provide for its abolition in certain circumstances & for matters connected therewithfor matters connected therewith

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CONTRACT LABOR ACT[R&A] 1970 - APPLICABILITYCONTRACT LABOR ACT[R&A] 1970 - APPLICABILITY

Every establishments where 20 or more workmen are or were employed as contract labor on any day in last 12 months

Every contractor who employs or who employed 20 or more workmen on any day in last 12 months

NOT APPLICABLE:

IF THE WORK IS OF INTERMITTENT OR CASUAL NATURE

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CONTRACT LABOR ACT[R&A] 1970 - CONTRACT LABOR ACT[R&A] 1970 - DEFINITIONSDEFINITIONS

Contract LaborContract Labor - A workman hired in or in - A workman hired in or in connection with work of an establishment., by or connection with work of an establishment., by or thro’ a contractor, with or without knowledge of thro’ a contractor, with or without knowledge of principal employer.(Sec.2b)principal employer.(Sec.2b)

Contractor Contractor - A person who undertakes to produce a - A person who undertakes to produce a given result for the establishment., other than mere given result for the establishment., other than mere supply of goods or articles of manufacture to such supply of goods or articles of manufacture to such establishment., thro’ contract labor, or establishment., thro’ contract labor, or who merely who merely supplies contract laborsupplies contract labor for any work of the for any work of the establishment., & includes a sub-contractor.(Sec.2c) establishment., & includes a sub-contractor.(Sec.2c)

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CONTRACT LABOR ACT[R&A] 1970 – CONTRACT LABOR ACT[R&A] 1970 – PRINCIPAL EMPLOYERPRINCIPAL EMPLOYER

In relation to any Govt. Office or Dept. or aIn relation to any Govt. Office or Dept. or a Local Authority, head of that Office/Dept. orLocal Authority, head of that Office/Dept. or such other Officer as the Govt. or the Localsuch other Officer as the Govt. or the Local Authority may specify in this behalf. Authority may specify in this behalf.

In case of factory, the owner or occupier ofIn case of factory, the owner or occupier of the factory, & manager of the factory, if anythe factory, & manager of the factory, if any so named under the Factories Act, 1948.so named under the Factories Act, 1948.

In case of mine, owner or agent of mine & theIn case of mine, owner or agent of mine & the manager of the mine, if any so named.manager of the mine, if any so named.

In any other establishment., any person responsible for the In any other establishment., any person responsible for the

supervision & control of the establishment.supervision & control of the establishment.

(Sec.2g)(Sec.2g)

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CONTRACT LABOR ACT[R&A] 1970 – CONTRACT LABOR ACT[R&A] 1970 – REGISTRATION OF ESTABLISHMENTREGISTRATION OF ESTABLISHMENT

Principal Employer of an establishment to make an Principal Employer of an establishment to make an application within stipulated time frame,application within stipulated time frame,

to the Registering Officer (Asst. Comm. to the Registering Officer (Asst. Comm. of Labor)of Labor) Revocation of RC in certain casesRevocation of RC in certain cases - -

• Misrepresentation or suppression of any material Misrepresentation or suppression of any material factfact

• If the RC becomes useless or ineffective & If the RC becomes useless or ineffective & therefore, requires to be revokedtherefore, requires to be revoked

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CONTRACT LABOR ACT[R&A] 1970 – CONTRACT LABOR ACT[R&A] 1970 – EFFECT OF NON - REGISTRATIONEFFECT OF NON - REGISTRATION

If the establishment has not been registered under If the establishment has not been registered under the Act within the stipulated time or the RC has the Act within the stipulated time or the RC has been revoked, been revoked,

The principal employer of the establishment. toThe principal employer of the establishment. towhich this Act applies, shall not employwhich this Act applies, shall not employcontract labor after expiry of period orcontract labor after expiry of period orafter the revocation of RC.after the revocation of RC.

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CONTRACT LABOR ACT[R&A] 1970 – CONTRACT LABOR ACT[R&A] 1970 – PROHIBITION OF EMPLOYEMENT OF PROHIBITION OF EMPLOYEMENT OF

CONTRACT LABORCONTRACT LABOR Appropriate Govt. may, after consultation with the Central or Appropriate Govt. may, after consultation with the Central or

State Advisory Board, prohibit by notification, employment of State Advisory Board, prohibit by notification, employment of contract labor in any process, operation or other work in any contract labor in any process, operation or other work in any establishmentestablishment

Before issuing any notification as aforesaid, the appropriate Before issuing any notification as aforesaid, the appropriate Govt. shall have regard to the conditions of work and other Govt. shall have regard to the conditions of work and other benefits provided for the contract labor in that establishment benefits provided for the contract labor in that establishment and other relevant factors, such as - and other relevant factors, such as -

Whether the process, operation or other work is Whether the process, operation or other work is incidental to or necessary for the industry, trade, incidental to or necessary for the industry, trade, business, manufacture or occupation carried on that business, manufacture or occupation carried on that establishmentestablishment

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CONTRACT LABOR ACT[R&A] 1970 – CONTRACT LABOR ACT[R&A] 1970 –

PROHIBITION OF EMPLOYEMENT OF PROHIBITION OF EMPLOYEMENT OF CONTRACT LABORCONTRACT LABOR

Whether it is of perennial nature i.e. of sufficient durationWhether it is of perennial nature i.e. of sufficient duration

Whether it is done ordinarily through regular workmen in Whether it is done ordinarily through regular workmen in that establishment. or establishment similar theretothat establishment. or establishment similar thereto

Whether it is sufficient to employ considerable number of Whether it is sufficient to employ considerable number of whole-time workmen.whole-time workmen.

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CONTRACT LABOR ACT[R&A] 1970 – CONTRACT LABOR ACT[R&A] 1970 – LICENSING OF CONTRACTOR’SLICENSING OF CONTRACTOR’S

No Contractor shall undertake or execute any work No Contractor shall undertake or execute any work thro’ contract labor except under and in accordance thro’ contract labor except under and in accordance with a license issued by the licensing Officer. with a license issued by the licensing Officer.

Contractor to make an application within stipulated Contractor to make an application within stipulated time frame, to the Licensing Officer.time frame, to the Licensing Officer.

A license shall contain -A license shall contain -Such conditions including, in particular, hours of Such conditions including, in particular, hours of

work, fixation of wages and other essential work, fixation of wages and other essential amenities in respect of contract labor.amenities in respect of contract labor.

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CONTRACT LABOR ACT[R&A] 1970 –CONTRACT LABOR ACT[R&A] 1970 –WELFARE & HEALTH OF CONTRACT LABORWELFARE & HEALTH OF CONTRACT LABOR

CanteensCanteens Rest RoomsRest Rooms Other facilities - Drinking Water, Latrines & Urinals, Other facilities - Drinking Water, Latrines & Urinals,

Washing facilitiesWashing facilities First Aid facilitiesFirst Aid facilities Liability of Principal Employer in certain casesLiability of Principal Employer in certain cases Responsibility for payment of wagesResponsibility for payment of wages

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES][COMPULSORY NOTIFICATION OF VACCANCIES]

INTRODUCTIONINTRODUCTION After the commencement of this Act in any State or area thereof, After the commencement of this Act in any State or area thereof,

the employer in every establishment in public sector in that State the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed. exchanges as may be prescribed.

The appropriate Government may, by notification in the Official The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private notification, the employer in every establishment in private sector or every establishment pertaining to any class or category sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition and the employer shall thereupon comply with such requisition

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES][COMPULSORY NOTIFICATION OF VACCANCIES]

The manner in which the vacancies referred to in sub-section (1) The manner in which the vacancies referred to in sub-section (1) or sub-section (2) shall be notified to the employment exchanges or sub-section (2) shall be notified to the employment exchanges and the particulars of employments in which such vacancies have and the particulars of employments in which such vacancies have occurred or are about to occur shall be such as may be prescribed. occurred or are about to occur shall be such as may be prescribed.

Nothing in sub-sections (1) and (2) shall be deemed to impose any Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub-sections. vacancy has been notified under any of those sub-sections.

In this Act, unless the context otherwise requires, - (a) In this Act, unless the context otherwise requires, - (a) "appropriate Government" means - (1) in relation to - (a) any "appropriate Government" means - (1) in relation to - (a) any establishment of any railway, major port, mine or oil-field, orestablishment of any railway, major port, mine or oil-field, or

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES][COMPULSORY NOTIFICATION OF VACCANCIES]

Any establishment owned, controlled or managed by - (i) the Central Any establishment owned, controlled or managed by - (i) the Central Government or a department of the Central Government Government or a department of the Central Government

A company in which not less than fifty-one per cent of the share capital is A company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by the Central Government and held by the Central Government or partly by the Central Government and partly by one or more State Governments, partly by one or more State Governments,

A corporation (including a co-operative society) established by or under a A corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Central Act which is owned, controlled or managed by the Central

Government, the Central Government;Government, the Central Government; in relation to any other establishment, the Government of the in relation to any other establishment, the Government of the

State in which that other establishment is situate; State in which that other establishment is situate; ““Employee" means any person who is employed in an Employee" means any person who is employed in an

establishment to do any work for remuneration; establishment to do any work for remuneration;

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES][COMPULSORY NOTIFICATION OF VACCANCIES]

““Employer" means any person who employs one or more other Employer" means any person who employs one or more other persons to do any work in an establishment for remuneration persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and and includes any person entrusted with the supervision and control of employees in such establishment; control of employees in such establishment;

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959

[COMPULSORY NOTIFICATION OF VACCANCIES][COMPULSORY NOTIFICATION OF VACCANCIES] Employment exchange MeansEmployment exchange Means

““Employment exchangeEmployment exchange" means any office or place established and " means any office or place established and maintained by the Government for the collection and furnishing of maintained by the Government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting information, either by the keeping of registers or otherwise, respecting

• Persons who seek to engage employees, Persons who seek to engage employees, • persons who seek employment, andpersons who seek employment, and• Vacancies to which persons seeking employment may be appointedVacancies to which persons seeking employment may be appointed• "establishment" means - (a) any office, or "establishment" means - (a) any office, or • Any place where any industry, trade, business or occupation is carried onAny place where any industry, trade, business or occupation is carried on• ““Establishment in public sector" means an establishment owned, controlled Establishment in public sector" means an establishment owned, controlled

or managed by - (1) the Government or a department of the Governmentor managed by - (1) the Government or a department of the Government• A Government company as defined in section 617 of the Companies Act, A Government company as defined in section 617 of the Companies Act,

1956 (1 of 1956) 1956 (1 of 1956) • A corporation (including a co-operative society) established by or under a A corporation (including a co-operative society) established by or under a

Central, Provincial or State Act, which is owned, controlled or managed by Central, Provincial or State Act, which is owned, controlled or managed by the Governmentthe Government

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES][COMPULSORY NOTIFICATION OF VACCANCIES]

a local authority;a local authority; "establishment in private sector" means an establishment which is not an "establishment in private sector" means an establishment which is not an

establishment in public sector and where ordinarily twenty-five or more establishment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration; persons are employed to work for remuneration;

"prescribed" means prescribed by rules made under this Act;"prescribed" means prescribed by rules made under this Act; "unskilled office work" means work done in an establishment by any of the "unskilled office work" means work done in an establishment by any of the

following categories of employees, namely :- following categories of employees, namely :- dusting man or far ash; dusting man or far ash; bundle or record lifter; bundle or record lifter; process server; process server; watchman;watchman; sweeper; sweeper; Any other employee doing any routine or unskilled work which the Central Any other employee doing any routine or unskilled work which the Central

Government may; by notification in the Official Gazette, declare to be Government may; by notification in the Official Gazette, declare to be unskilled office work. unskilled office work.

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES] –[COMPULSORY NOTIFICATION OF VACCANCIES] –

PENALTIESPENALTIES

If any employer fails to notify to the employment exchanges If any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of prescribed for the purpose any vacancy in contravention of sub-section (1) or sub-section (2) of section 4, he shall be sub-section (1) or sub-section (2) of section 4, he shall be punishable for the first offence with fine which may extend to punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent offence with five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees. fine which may extend to one thousand rupees.

If any person - (a) required to furnish any information or If any person - (a) required to furnish any information or return - (i) refuses or neglects to furnish such information or return - (i) refuses or neglects to furnish such information or return, or return, or

furnishes or causes to be furnished any information or return furnishes or causes to be furnished any information or return which he knows to be false, or which he knows to be false, or

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EMPLOYMENT EXCHANGE ACT -1959EMPLOYMENT EXCHANGE ACT -1959[COMPULSORY NOTIFICATION OF VACCANCIES] –[COMPULSORY NOTIFICATION OF VACCANCIES] –

PENALTIESPENALTIES

Refuses to answer, or gives a false answer to, any question Refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be necessary for obtaining any information required to be furnished under section 5; orfurnished under section 5; or

Impedes the right of access to relevant records or documents Impedes the right of access to relevant records or documents or the right of entry conferred by section 6, he shall be or the right of entry conferred by section 6, he shall be punishable for the first offence with fine which may extend to punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees. with fine which may extend to five hundred rupees.

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SHOPS & COMMERCIAL ESTABLISHMENT ACTSHOPS & COMMERCIAL ESTABLISHMENT ACT

A review of the A review of the TN Shops & Establishments ActTN Shops & Establishments Act, 1947 reveals , 1947 reveals that there is no requirement for registration of an that there is no requirement for registration of an establishment with any statutory authority like the Companies establishment with any statutory authority like the Companies Act, 1956, Factories Act and several other Acts. It is an Act Act, 1956, Factories Act and several other Acts. It is an Act requiring adherence to specified provisions by all requiring adherence to specified provisions by all establishments in the specified area. There are number of establishments in the specified area. There are number of obligations imposed by the Act like Employment of Children, obligations imposed by the Act like Employment of Children, Measures on Health & Safety, Holidays with wages etc. Measures on Health & Safety, Holidays with wages etc. Maintenance of prescribed Registers etc. . These will have to Maintenance of prescribed Registers etc. . These will have to be followed. The Act therefore does not require anyone to be followed. The Act therefore does not require anyone to notify to any prescribed authority of any change in the name notify to any prescribed authority of any change in the name or location or address of an establishment under the provisions or location or address of an establishment under the provisions of this Act.of this Act.

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SHOPS & COMMERCIAL ESTABLISHMENT SHOPS & COMMERCIAL ESTABLISHMENT ACTACT

In India most States have a legislation (Shop and Establishments In India most States have a legislation (Shop and Establishments Act) in place which regulate aspects such as working hours, leave Act) in place which regulate aspects such as working hours, leave with pay, overtime etc.with pay, overtime etc.

Shop and Establishments Act apply to shops, commercial Shop and Establishments Act apply to shops, commercial establishments, banks, insurance companies, hotels, restaurants, establishments, banks, insurance companies, hotels, restaurants, software companies and other service providers. However, they do software companies and other service providers. However, they do not apply to factories as Factories Act, 1948 governs that not apply to factories as Factories Act, 1948 governs that conditions.conditions.

The establishment are required to register in each city under the The establishment are required to register in each city under the Act. Some of the salient features is discussed herein of Bombay Act. Some of the salient features is discussed herein of Bombay Shop and Establishment Act, 1948 (“BSA”) which are akin to the Shop and Establishment Act, 1948 (“BSA”) which are akin to the enactment of other States.enactment of other States.

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SHOPS & COMMERCIAL ESTABLISHMENT SHOPS & COMMERCIAL ESTABLISHMENT ACTACT

Working hours for 48 hours per week spread over 6 Working hours for 48 hours per week spread over 6 days is permitted. Overtime payment is made at the days is permitted. Overtime payment is made at the double normal hourly rate.double normal hourly rate.

Employee who has worked minimum 240 days will Employee who has worked minimum 240 days will become eligible for 21 days paid leave and employee become eligible for 21 days paid leave and employee is not allowed to accumulate more than 42 days leave.is not allowed to accumulate more than 42 days leave.

BSA also has provisions regarding toilets, hygiene BSA also has provisions regarding toilets, hygiene etc. and makes provisions for maternity benefits etc.etc. and makes provisions for maternity benefits etc.

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