Hrlabor Legislation
Hrlabor Legislation
Hrlabor Legislation
S.No 1. ACT The industrial Disputes Act,1947 OBJECTIVE DEFINITIONS Industrial Disputes means any disputes or differences between i. Employees & Employers. ii. Employers & workmens. iii. Workmen & Workmen connected with the terms of employment or conditions of labor of any person. IMPORTANT SECs Section 2A : Appropriate Government Section 2BB: Banking company Section 2G : Employer Section 2J : Industry Section 2K : Industrial dispute Section 2A : Industrial dispute between individual and employer Section 2KA: Industrial establishment or undertaking Section 2KK: Insurance company Section 2LA: Major port Section 2LB: Mine Section 2N : Public utility service Section 2O : Railway company Section 2RR: Wages Section 2S : Workmen (Including an Apprentice) PENALTIES & OFFENCES
The objective of the Industrial Disputes Act is to secure APPLICABILI industrial peace and TY harmony by Applicable providing to all machinery industrial establishme and procedure for the nt & investigation registered and with appropriate settlement of goverment. industrial disputes by negotiations.
ACT
OBJECTIVE
DEFINITIONS
IMPORTANT SECs
1.
APPLICABILITY This Act may be called the Industrial Employment (Standing Orders) Act, 1946 . (2) It extends to the whole of India 2[ (3) 3[ It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the
To require employers in industrial establishments to define with sufficient precision the conditions of employment under them & to make the said conditions known to workmen employed by them.
Rules relating to working in a factory, which are mentioned in the schedule to the act sec2(g).
1.An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues. (2) An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial
provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification. 4[ (4) 5[ Nothing in this Act shall apply to-(i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (Bombay Act 11 of 1947 .), apply; or (ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961 ) apply: Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961 ),
establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty- five rupees for every day after the first during which the offence continues. (3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government. (4) No Court inferior to that of 2[ a Metropolitan Magistrate or Judicial Magistrate of the second class] shall try any offence under this section.
THE Trade unions Act,1926 S.NO 1. IMPORTANT SECs THE Trade To provide Means any SEC 4& 5 unions for the combination Mode of Act,1926 registration whether temporary registration. of trade or permanent SEC 8 &6 APPLICABILITY unions and to formed primarily registration define law for the purpose of of certificate It extends to relating to regulating the SEC 10 whole of India registered relations between cancelation trade unions. workmen and of employers for registration imposing SEC 11 restrictive Appeal conditions on the SEC 23 conduct of any Change of trade or business , Name and includes any SEC 28 federation of two Annual or more trade returns unions. ACT OBJECTIVE DEFINITIONS PENALTIES & OFENCES *Offences punishable for the failure to submit returns may extend to Rs.5 and in the case of continuing default with an additional fine which may extend to Rs.5 for each week and shall not exceed Rs.50. *Any person who willfully makes, or cause to be made any false or omission from the general statement required by SEC 28 Shall be punishable which may extend to Rs.500. *Registered trade unions , furnishing false informations, shall be punishable with fine which may extend to Rs.200(SEC 31)
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SEC 6 FACTORIES To ensure FACTORY: Approval, ACT 1948 adequate A premise licensing,registration safety wherein 10 or of factories measures more persons SEC 7 and to are engaged if Notice by occupier promote power is used SEC 8 the health or 20 0r more The inspecting staff and persons are SEC 9 welfare of engaged if Power of inspector the power is not SEC 10 workers used in a Certifying surgeon employed manufacturing SEC 11-20 in factories. process. HEALTH PROVISION WORKER: Sec11-cleanliness To prevent A person Sec12-disposal of hazard employed in wastes & effluents growth of manufacturing Sec 13-Ventilation & factories process or temperature through the cleaning or any Sec14-Dust & fumes provisions work incidental Sec 15-Artificial related to to Humidification the manufacturing Sec 16-Overcrowding approval of process. Sec17-Lighting plans OCCUPIER: Sec18-drinking water before the The person who Sec19-Latrines & creation of has ultimate Urinals a factory. control over the Sec20-Spitoons affairs of SEC 21-41 factory. SAFETY OF WORKERS Sec 21-fencing of machinery Sec22-machines in motion
Sec 23-Employement of young persons on dangerous machines Sec24-striking gears Sec25-self-acting machines Sec26-casing of new machines Sec27- cotton openers Sec28-Hoists & lifts Sec29-lifting machines, chains, ropes& lifting tackles. Sec30-Revolving machines Sec31- pressure plant Sec32- floors, stairs Sec33- Pits, sumps, openings in floors Sec34-Excessive weights Sec35-protection of eyes Sec36-dangerous fumes Sec36A-portable electric light Sec37-explosive or inflammable dust, gas Sec 38-precautions in case of fire Sec 39,40-Role of inspector Sec 40B- Safety officer Sec 41- power to make rules to supplement the above provision WELFARE PROVISION
Sec43-facility for storing and drying of clothes Sec44- facilities for sitting Sec45-first aid appliances Sec46- canteen Sec47-shelter, restroom, lunchroom Sec48-creches Sec49-welfare officer
1.
The Act, aims to provide workmen and/or their dependents some relief or compensation in case of accidents arising out of and in the course of employment and causing either death or disablement (partial or total) of workmen.
As per this section, Sec.2(1)(b) compensation Comisioner Dependant[Sec.2(1)(d)] has to paid as soon as it is due Employer[Sec.2(1)(e)] In case the Partial disablementemployer does 2.1(g) not accept the Total disablement-2.1(l) liability of Wages[Sec.2(1)(m)] paying the Workman[Sec.2(1)(n)] compensation, Employers Liabilities he is bound to make For provisional Compensation[Sec.3] payment to the Amount Of extent of the Compensation[Sec.4] liability he Compensation to be accepts. Such paid when due & amount has to penalty for be deposited default[Sec.4A] with the Distribution of commissioner Compensation[sec.8] or paid to the Notice & Claim[Sec.10] workman. If he defaults, the Appeals[Sec.30] commissioner may order: the payment of the amount with interest at12 % per year if the default to be unjustifiable then the commissioner may order payment of a further sum not exceeding 50% of the amount.
1.
The ESI Act has been passed to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for related matters. As the name suggests, it is basically an insurance scheme i.e. employee gets benefits if he is sick or disabled. ESIC - Employees State Insurance Corporation (ESIC) has been formed to supervise the scheme under Section 3 of the Act. The Corporation supervises and controls the ESI scheme.
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*To make provisions for the future of the Industrial Employees after he/she retires & for the dependents in case of his/her early death or disablement. *To help employees to meet family & social obligations. *To cultivate the habit of saving among the employees.
*It extends to the whole of India except the State of Jammu & Kashmir. It applies to every Estt./Factory in which 20 or more employees are employed. *Any Estt employing less than 20, can be voluntarily covered - u/s.1(4). *If the Principal Employer is covered, contractors will automatically be covered irrespective of number of workmen.
*Non refundable loan facility during service for self or family members for marriage, illness, construction of house, education, etc. *Employee can withdraw full amount in his credit on retirement after 55 yrs, Permanent and total incapacity for work due to physical or mental infirmity, migrating abroad.
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It is basically a retirement benefit to an employee so that he can live life comfortably after retirement.
*Knowingly making false statement/ false Employee [Sec. representation 2(e)] to avoid to make payment Superannuation imprisonment [Sec. 2( r)] up to 06 months, The word or with fine Gratuity has Continuous which may been derived from the word Service (Sec. 2A) extend to Rs.10,000/- or Gratuitous Application for both. which means the Payment of *Failure to Gift or Gratuity (Sec.7) comply with any Present. provision of this Gratuity Act Shall be It is a lump sum payment Disputes (Sec. 7) punishable with imprisonment made by an Eligibility for upto 1 year but employer as Gratuity (Sec. 4) will not be less the retrial than 3 months or reward for his Calculation of with fine, which past service the Amount of will not be less when his Gratuity (Sec. 4) than Rs.10,000/employment but may extend is terminated. Forfeiture of upto Rs. 20,000/Gratuity to the or with both. extent of loss *Any offence [Sec. 4(6)] relating to Nonpayment of any Nomination gratuity (Sec. 6) Employer shall be punishable with imprisonment
for a term which shall not be less than 6 months Recovery of but may extend Gratuity (Sec. 8) to 2 years, unless the court for Exemption from reasons Provisions of the recorded decides Act (Sec. 5) for a lesser term of imprisonment Inspectors [Sec. or a fine, which 7A & 7B] would meet. Penalties (Sec. 9)
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Payment To avoid with of Wages holding wages, Act, 1936 delays in paying wages & making unreasonable deductions out of wages.
Appropriate Government Employed person Employer Factory Industrial or other establishment Mine plantation
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Contravenes by any employer--1 year imprisonment or Rs.5000 or both If any person has been convicted of any offence again contravenes the same provision, 2 years imprisonment or 10,000 or both
Any employer who had violated the provisions of the Act will be treated as he had made an offence and Rs.500 fine will be collected from the employer. The Appropriate Authority will pass orders for any claims made by Employee against Employer. No Court shall take any case directly. No Court shall take up a Case of Appeal against the order of the Appropriate Authority not more than 30 days from the date of order. In the case of a Company, the person incharge at the time of offence happened will be responsible to discharge the liability under this Act. In the case of a Partnership Firm, the Managing Partner at the time of Offence happened will be responsible to discharge the liability under this Act.
BONUS ACT,1965
S.NO 1. ACT BONUS ACT,1965 History The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917. In certain cases of industrial disputes demand for payment of bonus was also included. In 1950, the Full Bench of the Labour Appellate evolved a formula for determination of bonus. OBJECTIVE DEFINITIONS PENALTIES & OFFENCES
For contravention of the provisions of the Act or rules the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both. For failure to comply with the directions or requisitions made the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both. In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a principal officer responsible for the conduct of its business, shall be deemed to be guilty of that offence, unless the person concerned proves that the offence was committed without his knowledge or that he exercised all due diligence
An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.
Bonus Applicability Bonus Eligibility Disqualification for bonus Computation of number of working days Payment of minimum & Maximum bonus Set On & Set Off
1.
The main purpose of the Act is to provide practical training to technically qualified persons in various trades. The objective is promotion of new skilled manpower. The scheme is also extended to engineers and diploma holders. The Act applies to areas and industries as notified by Central government. [Section 1(4)].
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PENALTIES.CONT If any employer or any other person (a) required to furnish any information or return (i) refuses or neglects to furnish such information or return, or (ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true, or (iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or (b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorized by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorized by or under this Act, or (c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or (d) employs an apprentice on any work which is not connected with his training, or (e) makes payment to an apprentice on the basis of piecework, or (f) requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
Section 19: Firstaid facilities Section 20: Liability Of Principal Employer In Certain Cases Section 21: Responsibility For Payment Of Wages.
ACT
The Maternity Benefits Act, 1961