legal systems unit 4 full
TRANSCRIPT
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THE PAYMENT OF WAGES ACT
1936
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1. PROVISION OF PAYMENT OF WAGES
OF RELATING TO REDUCTION
1, Deduction for fine [sec 8]
A, list of act
B, Notice
C, Sharing cause
D, Amount not to exceed 3% of wages
E, No fine for below 15 Years
F, On the day of act
G, Recovered within 60 days
H, Recorded
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2, ABSENT FROM DUTY: [sec 9]
a, Without giving notice, 8days wages out
3, DEDUCTIONS FOR DAMAGE OR LOSS [sec 10]
4, DEDUCTION SERVICE RENDERED [sec 11]
a, house
5, DEDUCTION FOR RECOVERY OF ADVANCE [sec 12]
a, LIC
b, Loan
c, post office deposit
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3. CLAIM AND PROCEDURE
A, presiding officer of labourer court
B, Commission of works man compensation act
C, Judge
D, Application
E, Reason
F, Procedure
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4. PENALTIES AND PROCEDURE
A, Wrongful deduction Rs.500/-
B, Failure to maintain record Rs. 500/-
C, obstruct inspector Rs. 500/-
D, Payment delay Rs. 50/-
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MINIMUM WAGE ACT 1948
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1, OBJECTIVE:
To secure the welfare of the worker in
competitive market by fixing minimum rate ofwages in certain employment .
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2. DEFINITION
A,COST OF LIVING INDEX Sec 2(d)
Index is ascertained and declared
by the competent authority by notification in the
official /gazzette / to the cost of living indexapplication to the employees in any employment..
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B, EMPLOYER Sec 2(e)
- Owner
- Contractor
- Supervisor
- Authority
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C, MINIMUM WAGES:
It is lowest limited or the flow below
which no worker should be paid
3. APPLICATION:
In all sates
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MIMIMUM WAGES ACT SEC 3
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1,FIXATION AND REVISION OF
MINIMUM WAGES ACT SEC 3
Appropriated govt. will fix minimum
Wage rate by notification in official gatzette
Fix any specified class if 1000 workers or more.
Review of interval once in 5 years
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2. PROCDURE
- Appoint committee and sub-committee
- Notification given asked for any proposals
- Advisory board consist of equal no. of workers
- Employers and independent person not morethan 1/3 and one chairman.
- Central advisory board
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3. MAINTAINENCE OF REGISTERS
AND RECORDS
Employers name
Nature of work
Wages period
Receipt
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4. INSPECTIORS
Same as factories act
5. WHO MAY APPLY
LC, C, WCA, Jude of civil court
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6, WHO MAY APPLY
Worker
Legal represent
T.v official
Inspectors
Any other
7, OFFERCES AND PUNISHMENT:
less payment 6 months jail/ Rs. 500/-
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INDUSTRIAL DISPUTE ACT
1947
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1. OBJECTIVE
A, To encourage collective bargaining.
B, To maintain industrial peace.
C, To promote good relation lay off and
retrenchment . D, To promote good relation.
E, To promote settlement of ID.
F, adjudication of ID.
G, prevent unfair labour practice.
H, provide payment of wages.
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2. INDUSTRIAL DISPUTE SEC 2(K)
A, Employer and employees
B, worker and worker
C, Worker and employer
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3. DEFINITIONS
A, Average pay
B, Award
C, Closure
D, Layoff E, Lock out
F, Strike which is connected with the employer in
term of or condition of labour.
G, Retrechment
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A, AVERAGE :
compensation given to worker
B,AWARD:
Sec 2(d) it is find determination of labour court or industrial tribunal
C, CLOSURE:
Permanently closing down of the place of employment.
D, LAY OFF 2(kkk):
Failure or inability of employer to give employment
E, LOCKOUT:
Temporary closing of a place of emt. By the emr.
F, STRIKE:
Sec 2(2) seization which is connected with the employer or term of
employer or in terms of emplioyee refuce to do work.
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RETRENCHMENT
Sec(0,0) it is termination of the service of
the worker by the employer is called
retrenchment it does not include VRS andretirement.
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INDUSTRIAL DISPUTE ACT
1947(AUTHORITIES UNDER THIS ACT ORSETTELMENT OR REMEDIESMACHINERY AVAILABLE UNDER THIS
ACT.)
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1. WORKS COMMITTEE SEC(3)
CONSTITUTION:
equal rap of worker and employers
Function:
a, to promote good IRb, to settle any disputes
c, day to day activities
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2.CONCILITATION OFFICER SEC(4)
appointed by govt. for a specified areas.
DUTIES:
A, Mediating B, Conciliation proceeding
C, Investigate
D, Send to govt.
E, If solution arrived send within 14 days.
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3.BOARD OF CANCILATION
1 CHAIRMAN , 2 OR MORE MEMBERS
DUTIES
Settlement of dispute If not send the report with 2 months
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4. COURT OF INQUIRY
Govt. will appoint and chairman 2 or more
members.
*Duties: within 6 months send the report to govt.
5, LABOUR COURT:6, INDUSTRIAL TRIBUNAL
7, NATIONAL TRIBUNAL
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6.INDUSTRIAL TRIBUNAL
SEC 7A
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CONSTITUTION:
One person appointed by govt.
QUALIFICATION:
Judge of HC, judge of district court.
DUTIES:
Adjudication matters1 or 3 schedules
1, wages matters
2, leave
3, hours of work4, bonus
5,retrenchment
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Disqualification of presiding officer, judge of labour
court, industrial tribunal, national tribunal
He is not independent person
He has attained age of 65 yrs.
7, NATIONAL TRIBUNAL SEC 7B
CONSTITUTION: One person appointed by central
govt.DUTIES: Dispute concerned in national interest.
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DIFFERENT BETWEEN RETRENCHMENT AND
CLOSURES
Terminated by
employer
Surplus labour also
reason
Trade is not distorted
Closing down of
business or trade
Total loss
Disturbed
RETRENCHMENT CLOSURE
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DIFFERENT BETWEEEN STRIKE
AND LOCKOUT
Sec 2(q)
Refusal to do job Legal strike
payment should be
given
Sec 2(L)
Temporary closing offactory by employees
Payment need not be
given
STRIKE LOCK OUT
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WORKMEN
COMPENSATION ACT
(1923)
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1,OBJECT:
A, It is social security of workers
B, To provide payment of compensation by certain
classes of employee
to their workers for injury by accident.
2,DEFINITION:
A, Dependent
B, Employer C, Wages
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3,PARTIAL DISABLEMENT U/S 2(1)(G):
To reduce earning capacity Upper limps finger
Left hand
Lower limps
4, TOTAL DISABLEMENT
Permanent loss of eye
Any other injury
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5, EMPLOYER LIABILITY TO GIVENCOMPENSATION EMPLOYEEDLIABILITY
some personal injury caused by accident
During out of cause of employment
Injury result death or partial disablement
6, EMPLOYER NOT LIABLE TO GIVENCOMPENSATION:
Partial disablement exceeding 3 days
Accident caused by liquorWillfully obeying the rules
Usefully removing safe guard/ device
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1, WHO CAN PAY COMPENSATION ?
Body corporate MD
Legal representation
Contractor
2, OUT OF COURES
A, Railway worker crossing track
B, Death due to earthquake
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3,DISEASE CAUSED BY OCCUPATION
WORKERS:
Employed the certain occupation may get diseased in
particular employment
4,Amount:
Nature of injury
Monthly wages
Relevant factor and age
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1, OBJECT:
A. To provide retirement benefit to workers
B. It is secured for long and service C. It is competency, statuary benefit
2,APPLICATION:
A, All factory
B, Shops, establishment, where10 or more employed
C, other est. by central govt.
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3,Entitlement:
a, 5 years service rendered
b, Supper annotation(govt. Compulsory 65-67)C, Retirement / Resignation
d, Death / disablement
e, Termination of service
4, AMOUNT / CALCULATIONS:
Non seasonal est.=15 days wages X no. of
completed
Seasonal est.=7 days wages X no. of completedMaximum not to exceed Rs. 3,50,000
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5, ADMINISTRATION AUTHORITY Central govt.
State govt.
Inspectors
6, DEDUCTIONS:
Permitted if workers will fully omission or negligence
Any damage / loss
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7, FORFEITURE
Wholly /party if termination by misconduct or act of violence.
8,NOMINATION
After completion of 11 month of service.
9,MODE OF PAYMENT
DD
Cash
Cheque
Mee if
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12,RIGHT OF WORKER
Nomination
Claim the amount
Apply to control authority to recover money 3 and 4 same as above
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13,OFFERCES AND PENALITIES
Failure to make
payment
Making false state
Non-payment of
gratuity
Rs:10,000
6 month jail or 10,000 4 month to 2yrs jail or
10,000-20,000
OFFERCES PUNISHMENT
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THE PAYMENT OF BONUS
ACT 1965
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1,MEANING: a, extra payment to the worker beyond normal wages
b, shares in surplus
2,OBJECT: To impose liability to a employer
To provide min and max bonus
Payment of bonus in prescribed formula
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3, APPLICATION:
All factory Establishment more than 20 worker
4,DEFINITION:
a, accounting year
b, available
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5,MAX. AND MIN AMOUNT OF SURPLUS
BONUS:
min 8.35% of wages, max 20% of wages
6,ELIGIBILITY / QUALIFIED:
30 working days in account years
7, NOT ELIGIBILE / DISQUALIFICATION:
a, fraud b, vidant behavior c, theft or miss
presentation d, temporary employees e, piece rate
works f, workers employed in construction work
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8, TIME LIMITED:
Within 8 month of closing of a/c
9,PRODUCTION:
Limited bonus productivity
10, OFFENCES AND PUNISHMENT 6 month jail or Rs. 1000 fine both
ALLOCABLE SURPLUS:
It is worker share in the available surplus
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1, account yrs of 1stApril to 31st march,
2, AVAILABLE SURPLUS:
Sec 5 it is respect of any accounting yr. is the gross
profit after deducing there from sum related
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EMPLOYEES PROVIDENT
FUND ACT AND MISC
PRAISIONE ACT
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1, MEANING:
It is social security measures to induce employee tosave portion of their present earning.
2,PURPOSE:
To provide funds family pension and deposit linkedinsurance schemes for employees
3,APPLICATION:
a, industry working 20 or more employees b, other establishment link state, central govt.
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4,CONTRIBUTION:
10% employees 10% employer
5, AUTHORISED OFFICER
Central p.f commissioner
b, additional p.f commissioner
c, deputy p.f commissioner
d, regional p.f commissioner
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EMPLOYEES PENTION
SCHEME 1975
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1, PURPOSE:
To provide pension to dependent self a, superannuation
b, retirement
c, permanent disablement
d, window / widowers pension e, children pension
h, contribution 81/3 by employer
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EMPLOYEES DEPOSIT LINKED INSURANCE
SCHEME 1976
PURPOSE:
1,To provide life insurance benefit to employees
2,contribution 1% by employer
PENALTIES AND OFFENCE: False statement 1 yrs jail or Rs. 5000/-
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ADMINSTRATION FOR ALL:
Central board trustees
Executive committee
State board
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EMPLOYEES STATE
INSURANCE ACT 1948
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1,MEANING:
Compulsory insurance against certain risk such as
sickness, maternity , disablement, injury.
2,PURPOSE:
social security
to provide certain benefits benefit to dependent
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3,APPLICABLE:
all state
all factory
when less than 350 workers
4,CONTRIBUTION:
5% employer
2.25% worker
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5, ADMINISTRATION AUTHORITY:
a, ESI corporation
b, Standing committee
c, Medical council
d, Regional boards
e, Inspectors
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6, BENEFITS:
a, Sickness benefits b, Maternity benefits
c, Dependent benefits
d, Disablement benefits
e, Medical benefits
f, Funeral benefits
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7, ADJUDICATION:
power to make order
ESI court
power to recover damages
8, PENALITIES:
a, False statement 6 month jail or Rs.2000/-
b, Failure to make contribution 6 month-3yrs and 5000
Rs 25,000/-
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ESI CORPORATION
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TENURE: 4 YEARS
POWER:
Employment of necessary staff
To promote, measure, improve health and
welfare of worker It can hold or sell the properties
Do investment from time to time
To raise loans with the permission of govt.
They can appoint the inspectors
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DUTIES:
Prepare the budget and submit to central govt.
Maintain the current account
Submit annual report to the govt. Once in 5yrs valuation of assets should be taken
and the report must be submitted to the govt.