Definitions |
To whom it applies (Employers) |
Beneficiaries under the Act (Employees) |
Benefits |
Other Important Issues |
Penalties |
PAYMENT OF BONUS ACT, 1965 |
Salary or wage : includes
All remuneration other than over- time and includes DA
Does not include :
- Any other allowance which the employee is for the time being
entitled to
- The value of house accommodation or of supply of light, water
medical attendance or other amenity or of any service or of any
concessional supply of foodgrains or other articles.
- Any travelling concession
- Any Bonus (including incentive, production and attendance Bonus)
- Any contribution paid or payable by employer to any pension fund
or PF
- Any retrenchment compensation Gratuity or Ex gratia payment
- Any commission payable to the employee.
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- Every factory (as defined in Factories Act).
- Every other establishment in which 20 or more persons (less than
20 but 10 or more if app. Govt. notifies) are employed on any day
during the accounting year. (In Maharashtra State it is applicable
where 10 or more employees are working in any establishment or
factory w.e.f. 11-4-1984)
- Special provisions with respect to certain establishments are
provided
- Employees employed through contractors on building operation.
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Employees other than apprentice
- Who have worked not less than 30 days in an accounting year.
- Having salary/wages less than ₹ 21,000/- per month
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- Subject to provisions:- Minimum bonus shall be 8.33% of salary /
wages earned or ₹ 100 whichever is higher .
- If allocable surplus as computed under the Act exceeds the
amount of minimum bonus, then bonus shall be payable at higher rate
subject to a maximum 20% of salary / wages.
- Customary bonus paid is deductible.
- For persons drawing salary greater than 7,000/- per month
calculation of bonus has to be done on the basis of ₹ 7,000/- per
month or as per State Minimum Wages applicable for scheduled
employment; whichever is higher
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- Computation of bonus is to be worked out as per Schedules I to
IV of the Act.
- Records in Form Nos. 'A', 'B' & 'C' are to be maintained.
- Annual Return in Form 'D' to be filed.
- Bonus must be paid within a period of 8 months from the close of
accounting year.
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Imprisonment up to 6 months or fine up to ₹1,000/- or
both. |
PAYMENT OF GRATUITY ACT, 1972 |
Wages include :
- All emoluments earned by the employee while on duty or
on leave including DA,
Does not include:
Bonus, Commission, HRA, overtime wages and any other allowance. |
- Every factory (as defined in Factories Act), mine, oilfield,
plantation, port and railway company.
- Every shop or establishment to which Shop and Establishment Act
of a State applies in which 10 or more persons are employed on any
day of the preceding 12 months.
- Any establishment employing 10 or more persons as may be
notified by the Central Government.
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- Any person employed on wages (other than apprentice)
- At the time of retirement/ resignation on superannu-ation, an
employee should have rendered continuous service of not less than 5
years.
- Presently, maternity leave of 12 weeks in case of female
employees is included in the computation of period of "continuous
service". An amendment has been carried out to grant power to
Central Government to notify the period of maternity leave in place
of existing 12 weeks. This period has been presently notified as 26
weeks. [Payment of Gratuity (Amendment) Act, 2018]
- In case of death or disablement, the gratuity is payable even if
he has not completed 5 years of service.
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- The quantum of gratuity is to be computed at the rate of 15 days
wages based on the rate of wages last drawn by the employee
concerned for every completed year of service or a part thereof in
excess of 6 months.
- The total amount of gratuity payable shall not exceed
₹ 10 lakhs. w.e.f. 24-5-2010. It is now provided to empower Central
Government to notify the maximum ceiling from time to time instead
of specifying the existing limit of ₹ 10 lakhs. The Government has
presently notified the maximum amount to be ₹ 20 lakhs. [Payment of
Gratuity (Amendment) Act, 2018]
- In case where higher benefit of gratuity is available under any
gratuity scheme award or agreement, the employee will be entitled to
higher benefits.
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- Employers other than Central Govt. or State Govt. obliged to
obtain an insurance from LIC in prescribed manner for liability for
payment of gratuity.
- Establishments to which Act applies must get registered with the
controlling Authority.
- Once Act applies, it continues to apply even if employment
strength falls below 10.
- Calculation of Gratuity: Monthly salary / 26 x 15 days x No. of
years
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For false statement or representation, punishable with
imprisonment for a maximum period of 6 months or with a fine to the
extent of ₹ 10,000 or both. For contravening provisions of the Act or
Rules, punishable with imprisonment for a maximum period of 1 year and
minimum period of 3 months or fine ranging from
₹ 10,000 to ₹ 20,000 or both.
For non-payment of gratuity, punishable with imprisonment for not
less than 6 months and not more than 2 years. |
INDUSTRIAL DISPUTES ACT, 1947 |
Wages : includes: All
remuneration capable of being expressed in terms of money like
- Basic wages, D.A. value of free food or food allowances in lieu
of whole or part of the wages, overtime, and other allowances,
- Value of House accommodation, supply of light and water, medical
attendance or other amenities or any service or of any conces-
sional supply of food grains or other articles,
- Value of travelling concession,
- Any commission payable on promotion of sales or business or
both.
Does not include:
- Any Bonus
- PF, Pension or Gratuity
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Any industry carried by or under authority of any dept. of Central /
State Govt. or local authority or any other industry (excluding any
agricultural operations, hospitals/dispensaries, educational, scientific
research or training institutions charitable/ social/philanthropic
services, khadi or village industries, activities related to defence,
research automic energy and space any domestic services, professional
concern and co-op. society/ club employing less than 10 persons. Not
applicable to dispute arising after closure of the industry. |
Any person (including apprentice) employed in any industry to do any
manual, unskilled, skilled, teaching, operational, clerical, supervisory
work for hire, reward and includes any such persons who has been
dismissed, discharged, retrenched but does not include a person who is
employed mainly in managerial or administrative capacity and draws more
than ₹ 10,000/- p.m. (Amended w.e.f. 15-9-2010) and persons employed in
defence /police force. (Amended w.e.f. 26-6-2006). |
The Act restricts unfair labour prac- tices, prescribed for
regulating and governing cases of strikes, lock-out, lay-off,
retrenchment and closure in certain establishments. Consequences of the
aforesaid eventualities are provided towards employees as well as
employer. |
The Act deals with industrial Dis- putes between employers and
employers or between employers and workmen or between workmen and
workmen which is connected with the employment or non-employment or
terms of employment or with the conditions of labour of any person.
Such disputes are dealt by the authorities prescribed under the Act.
Establishment of Grievance Redres- sal Machinery in every Industrial
Establishment employing 20 or more workmen.
Certain mandates :
- Mandatory requirement in case of closure of an undertaking :–
- 60 days notice to the Govern- ment for
intended closure in Form No. XXIV-B under Sec. 25FFA if employing
more than 50 workmen but less than 100 workmen
- Application for prior permis- sion of at least 90 days
in Form XXIV-C to the Govt. when there are 100 or more workmen
during preceding 12 months under S. 25-O
- Mandatory provision concern- ing retrenchment of
workmen, compensation to be paid and other conditions:
- Women must have worked for 240 days
- Retrenchment compensation @15 days wages per every
completed year to be calculated on last drawn wages inclusive of
allowances.
- Days wage worked taking 26 not 30 days
- One month notice or wages in lieu thereof
- Reasons for retrenchment
- Complying with principle of 'last come first go'
- Maintenance of seniority list at least 7 days in
advance.
- Sending of notice in Form XXIV to the Secretary,
Government of Maharashtra.
- Notice of change under S. 9A:- 21 days notice is
required to be given by an employer to the workmen about changing
the conditions of service as provided in Schedule IV in Form XXVII.
- Prior Permisssion for lay off : When there are more than 100
workmen during preceding 12 months under S. 25M
- Prior permission for retrenchment :-When there are more than 100
workmen during preceding 12 months under S. 25N Rajasthan Amendments
In section 2(A), a new sub-section shall be added:
(4) Proposed a time limit of three years be provided for raising the
industrial disputes covered under section 2A. An authority specified by
the State Government may extend the said period on sufficient grounds.
The Criteria for applying for registration as a representative union is
enhanced from 15% to 30% membership to minimise inter union rivalry and
bring harmonious industrial relations between the employer and the
workmen.
The employer need not seek permission from the appropriate government
for retrenchment of up to 300 workers, whereas at present according to
the Act it allows only up to 100 workers. |
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EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS
PROVISIONS ACT, 1952 |
Basic wages :- Includes :- All emoluments earned
while on duty or on leave and holidays
Does not include :-
Value of food concession, DA, HRA, overtime allowance, any Bonus,
Commission or similar allowance. contribution is payable on D. A. also
as per sec. 6 of the Act |
- Every establishment which is a factory engaged in any industry
specified in Schedule I and in which 20 or more persons are employed
and
- Any other establishment em- ploying 20 or more persons, whom
Central Govt. may, notify.
- Any establishment employing even less than 20 can be covered by
a specific Central Govt. noti- fication.
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Any person who is employed for wages in any kind of
work of an establishment or employed through contractor in or in
connection with the work of an establishment and whose wages does not
exceed ₹ 15,000/- p.m. However, an employee covered under the Act will
continue to be covered under the Act even if his wages exceed
₹ 15,000/- p.m. but will continue to get benefits as if his wages were
₹ 15,000/- p.m.In case of International workers, PF is applicable on
entire salary. As per notification dated 1st Oct., 2008. |
Employees covered enjoy a modicum of Social Security in
the form of an unattachable, unwithdrawable (except in severely
restricted circumstances like buying homes, marriage / death in family,
etc.) financial nest egg to which employees and employers contribute
equally throughout the covered person's employment. This sum is payable
normally on retire- ment or death. |
- Once the Act applies it continues to apply even if employment
strength falls below 20.
- Periodical returns have to be filed under the Act monthly
returns before 25th of the following month.
- Inspection Note book has to be maintained.
- The Employees' Pension Scheme 1995 also applies w.e.f.
16-11-1995
- Provident Fund deduction to be paid before 15th of the following
month.
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Liable to be arrested without warrant. being a
congnisable offence Defaults by employer in paying contributions or
inspection / administration charge attract imprisonment up to 3 years
and fines up to
₹ 10,000/-. If offence is repeated, imprisonment extends to 5 years but
not less than 2 years in addition to fine of
₹ 25,000/-. For any retrospective application, all dues have to be paid
by employer with damages up to 100% of arrears. |
THE EMPLOYEE'S COMPENSATION ACT, 1923 |
Wages include: Any Privilege or
benefit which is being capable of being estimated in money, other than
travelling allowance or the value of travelling concession or a
contribution paid by the employer of a workman towards any pension or PF
or a sum paid to a workman to cover any special expenses entailed on him
by the nature of his employment. |
- Employer includes any person whether incorporated or
not and any agent of employer and when services are temporarily lent
or let on hire to another person, then means such other person.
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Any workman who is injured by accident arising out of
and in the course of his employment, or any workman, employed in
specified list of employment, contracts any disease specified therein as
an occupational disease peculiar to that occupation. |
Amount of compensation payable by the employer will be
- Where death results from injury, 50% of monthly wages [if
monthly Wages >
₹ 8,000/- p.m. cap of
₹ 8,000/- (2012)] x relevant factor or ₹1,20,000/- whichever is
more.
- Where permanent total disablement results from injury 60% of
monthly Wages [if monthly Wages > ₹8,000/- p.m. cap
of ₹ 8,000/-(2012)]x relevant factor or ₹1,40,000/- whichever is
more
- Relevant factor, which is dependent upon age of employee, ranges
from 228.54 to 99.37. With effect from 18-1-2010
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- Any contract by a worker waiving his right to be compensated
under this Act is null and void.
- The intention of the Legislature and the circumstances under
which law was enacted is to be seen. It is interpreted in favour of
the weak.
- Notice book is to be maintained. A statement, report and a
return is to be filed when applicable
- In case of fatal accident, pay- ment of compensation to the
dependent of a workman is to be made through Commissioner of
Workmen's Compensation
- Employer is under an obligation to inform the employee, at the
time of employment, his right to compensation under this Act. [The
Employee's Compensation (Amendment) Act, 2017]
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Compensation should be paid early – delay beyond
1 month attracts interest @ 12% p.a. and penalty of up to 50% of the
compensation. Certain other offences attract fine up to ₹ 50,000/- [The
Employee's Compensation (Amendment) Act, 2017]. |
THE EMPLOYEES' STATE INSURANCE ACT, 1948 |
Wages : include :
- All remuneration paid or pay- able in cash to the employee
including payment in respect of period of authorised leave, lock-
out, strike which is not illegal or lay-off
- Other additional remuneration paid at interval not exceeding 2
months
Does not include :
- Contribution to PF, Pension or Gratuity payable on discharge,
- Any travelling allowances or value of any travelling concession,
- Sums to be defray special expenses by nature of employment.
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- All factories excluding seasonal factories
- Employing 10 or more persons if working with
power.
- Employing 20 or more persons if working without power.
- Shops employing 20 or more persons.
- Any establishment specially notified by the Government.
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- Any person employed for wages (up to ₹ 21,000/- p.m. in or in
connection with the work of a factory or establishment, and
- Any person who is directly employed by the employer in a factory
or through his agent on work which is ordinarily part of the work of
the factory or incidental to purpose of the factory.
- An 'insured woman' shall include a commissioning mother who as
biological mother wishes to have a child and prefers to get embryo
implanted in any other woman as well as a woman who legally adopts a
child of up to three months of age.
- Rate of contribution of the wages:
For Employer - 4.75%
For Employee - 1.75%
- Contribution period :- 1st April to 30th September/ 1st October
to 31st March
- Benefit period 1st January to 30th June/ 1st July to 31st
December
- Date of submission of return:- Within 42 days from the end of
contribution period.
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- The following benefits are provided: Sickness benefit,
maternity, disablement, dependent, medical, and funeral expenses
Rehabilitation allowance Cannot receive 2 benefits for same period.
- Free medical treatment is offered. to employees and his family
at hospital & dispensaries run by ESI Corporation
- During sickness, an employ- ee will receive wages as per
standard benefit rate shown in the table.
- Maternity benefits for 26 weeks of which not more than 8 weeks
should be preceding confinement
- Injury during / in course of employment resulting in temp. /
permanent disablement entitles covered employee to regular pay.
- Death during the course of em- ployment entitles dependents to
regular payment
- One time payment of
₹ 5,000/- to help meet funeral expenses
- Unemployment allowance to a member who has contributed minimum
period of 5 years prior to loss of employment.
- Payable till re-employed else- where (maximum 12 months period)
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- Once the Act applies it continues to apply even if employment
strength falls below 20 /10
- Register of employees is to be maintained in Form 6 (Regulation
32)
- Reports and Returns have to be filed as applicable.
As per notification dated 11-3-2008 employer employing 40 and more
employees have to append a duly certified by C.A in revised format of
return. In case of below 40 employees certificate by employer. |
Under S. 39(5)(a) if the principal employer does not
pay any contribution on the due date :- Payment of simple interest
@12% p.a. or higher rate till date of actual payment. Interest
recoverable as arrears of land revenue under sections 45-C to 45-I
For various offences : An employer may be punished with fine from ₹2
,000 / - to
₹ 25,000/- and / or imprisonment from 6 months to 5 years
On failure by an employer to pay his contribution the ESIC can
recover the same as an arrear of land revenue. |
THE EMPLOYEES' PENSION SCHEME, 1995 |
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Employees who :
- Have been members of the Employees' Pension Scheme, 1971.
- On or after 16-11-1995 become members of employees P.F. Scheme,
1952.
- Who have been members of the Employees P. F. Scheme, 1952 opt to
join within 6 months from 16-11-1995.
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- Members
- Heirs will be paid the pension as per the Scheme provided in the
Rules.
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- To members – Superannuation pension, retiring pension or
permanent total disablement pension.
- To heirs – widow or widowers pension, children pension or orphan
pension. Guardian pension, Nominee pension as per the scheme
provided in the rules.
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The minimum pension was enhanced to Rupees One
Thousand. A revocation of the order has also now been made. |
Imprisonment up to one year. Fine up to ₹ 5,000/- or
both for the defaulter. |
MINIMUM WAGES ACT, 1948 |
Wages : includes :- All
remuneration being expressed in terms of money including:
HRA - Does not include :-
- Value of House Accommodation supply of light, water, medical
attendance.
- Any other amenity or any service, excluded by an order of the
appropriate Government.
- Any sum paid to defray special expenses entitled due to nature
of employment
- Any travelling allowance or any value of travelling concession.
- Any Gratuity payable on dis- charge
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Any person who employs directly or through another person, whether
for himself or for any other person employs one or more employees in any
scheduled employment in respect of which minimum rates of wages have
been fixed under this Act. |
Any person who is employed for hire/reward to do any work in a
scheduled employment and includes an outdoor worker to whom any articles
or materials are given for doing some work either at home / any other
premises. |
The Act prescribes the minimum rates of wages payable to employees
for different scheduled employment, for different class or work and for
adults, adolescents, children and apprentices depending upon different
localities, for one or more wage periods; viz. by hour, by the day,
month or other large period. |
- Register of wages to be maintained at workspot in prescribed
forms. Such records to be preserved for 3 years from the time of last
entry made therein.
- Normal working day prescribed under the Act is
9 hours.
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Imprisonment up to 5 years and / or fine up to ₹10,000/- is
imposable for contravention or both |
PAYMENT OF WAGES ACT, 1936 |
Wages includes :-
- All remuneration by way of salary or allowance capable of being
expressed in terms of money.
- Payable under any award or settlement.
- On account of overtime, holidays, leave, production, attendance,
bonus etc.
- Payable by reason of termination which does not provide for the
time within which the payment is to be made.
- To which the person employed is entitled under any scheme framed
hereunder any law for the time being in force.
Does not include:
- Bonus (whether under a
scheme of profit sharing or otherwise) which doesn't form part of re- muneration payable under the terms of employment or which is not payable
under the Award
- Value of house accommoda- tion or of light, water, medical
attendance or other amount or of any services excluded from the
computation of wages by the Government.
- P. F. and Gratuity
- Travelling allowance
- Any sum paid to defray special expense due to nature of his
employment
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- Every person employed in any factory, upon any railway or through
sub-contractor in a railway and a person employed in an industrial or
other establishment
- The State Government may by notification extend
the provision to any class persons employed in any establishment or
class of establishments.
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Every person who is employed in any of the above-mentioned
etablishments and who is drawing less than ₹ 24,000/- per month. (Vide
Notification No. S.O.2806(E) dated 29-8-2017) |
The Act provides for –
- Regular and timely payment of wages.
Specified day after last day of the wages period in respect of which
wages are payable are :
- 7 days for railways, factory, Industrial or other establishment
employing less than 1,000 workers
- 10 days for other than persons stated in (i) above
- In case of termination of employ- ment, the wages must be paid
before the expiry of the second working day from the day of termination.
- Prevents unauthorised deduc- tions being made from wages and
charges of arbitrary fines.
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- Wages to be paid in current coin of currency or by crediting the
wages in the bank account of employee. Central Government has the power
to specify industrial or other establishments where payment of wages
will be made by banking only.
- Deductions cannot exceed 75% of wages
for payment to co-op. Societies, and 50% in other cases.
- Registers/records in Form Nos. I, II, III & IV to be kept for 3
years from last entry (If muster roll cum wage register in Form No. II
as per Maharashtra Minimum Wages Rule is maintained the above registers
are not required to be maintained).
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Penalties are from ₹1,000/- to
₹ 22,500/-. Repeat offences attract 1 to 6 months imprisonment |
THE MAHARASHTRA SHOPS AND ESTABLISHMENTS
(REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2017 |
The Act uses a broad definition of employer to mean a person owning
or having ultimate control over the affairs of an establishment, and
includes : (i) In the case of a firm or association of individuals, a
partner or members of the firm or association;
(ii) In the case of a company, a director of the company;
(iii) In the case of an establishment owned or controlled by the
Central Government or a State Government or any local authority, the
person or persons appointed to manage the affairs of such establishment
by the Central Government or the State Government or the local
authority, as the case may be |
a) Extends to the state of Maharashtra b) Establishments employing
10 or more workers (except section 7)
c) Section 7 applies to establishments employing less than 10 workers
Non-Applicability :
a) Factories to which the Factories Act is applicable (Section 1 read
with definition of the terms "establishment" and "shop" )
b) Establishments of Central and State Government, Local Authorities,
Mumbai Port Trust, Railway Administration c) Offices of Reserve Bank of India, Trade Commissioner and of
Consular officers and other Diplomatic representatives of Foreign
Government
d) Offices of Air service companies
e) Establishments used for treatment or care of mentally unfit or
infirm or destitute
f) Establishments pertaining to any kind of educational activities
excepting those where coaching or tuition classes are conducted by
individual persons or any institutions other than those,–
(i) affiliated to any university established by law, or
(ii) recognised by the Divisional Boards under the Maharashtra
Secondary and Higher Secondary Education Boards Act, 1965, or
(iii) recognised by the Directorate of Education or the Directorate
of Technical Education as a private secondary or technical high school,
Industrial Training Institute (I.T.I.), Polytechnic, Engineering
Colleges or other technical institutions conducting courses recognised
by Government)
g) High Court Law libraries and other Courts Law Libraries
h) A worker occupying position of confidential, managerial or
supervisory character in an establishment, a list of which shall be
displayed on the website of establishments and in absence of the website
at a conspicuous place in the establishment and a copy thereof shall be
sent to the facilitator i) A worker whose work is inherently
intermittent
j) A member of the family of an employer
State Government has the power to notify such classes of
establishments to which this Act will apply with such modifications as
may be necessary. |
All employees except an Apprentice as defined under the Apprentice
Act, 1961. |
Working hours
- The state government may fix, opening and closing of different
classes of establishments and for different premises, shopping
complex or mall or for different area or areas and for different
period.
- No adult worker shall be required or allowed to work for more
than 9 hours in any day and 48 hours in any week.
- Payment of overtime wages at twice the rate of ordinary wages in
respect of overtime work.
- The total number of overtime hours shall not exceed 125 hours in
a period of 3 months.
- No adult worker shall be asked to work continuously for more
than 5 hours unless he has been given a break of not less than half
an hour. However, the working hours or weekly holiday may be relaxed
in case of urgent work with the previous permission of the
facilitator.
- The spread-over of a worker shall not exceed 10 ½ hours in any
day. The same is extended to 12 hours in case of urgent work.
- Mandatory leave of one day in week. Any work required to be
undertaken by a worker on holiday will entail wages at twice the
ordinary rate.
- Period of shift to be informed to workers well in advance.
Prohibition of discrimination against woman worker
- The Act prohibits the discrimination of women workers in
matters of recruitment, training, promotion, and wages.
- Generally, woman worker will be required to work only
between 7 a.m. to 9:30 p.m. Woman may choose to work beyond
these hours, provided the work space is safe and transport is
made available for her to commute back to her residence.
- State Government has right to regulate employment of women
in certain class of establishments such as hotels, restaurants,
residential hotels,permit rooms, bars, spa-massage parlours,
lodges or any business or any trade or occupation in such area
or areas as it may deem fit
Holidays and Leave
- Workers are entitled to 8 casual leaves in a year.
- They may accumulate a maximum of 45 days of paid leave
during a year
- Every worker who has worked for 240 days or more in a
calendar year will be entitled to paid leave for a number of
days calculated at the rate of one day for every 20 days of
work performed during the previous year.
- Workers are also entitled to 8 paid festival holidays in
a year.
Other welfare provisions
Employer is required to provide:
- First-aid facilities in the place of work;
- At suitable points conveniently situated for all persons
employed in the establishment, a sufficient supply of
wholesome drinking water;
- Sufficient latrine and urinal for men and women
- Maintain a suitable room or rooms as crèche for the use
of children of workers (in case of establishments employing
50 or more workers);
- Maintain a canteen for the use of its workers for
establishments employing not less than 100 workers;
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Obligation and liability of employer
- Establishments that employ
more than 10 workers must obtain a licence under the Act within 60 days
of the new Act coming into effect (20th December, 2017) or commencement
of business. The registration can be done online. An establishment can
determine the validity period of its registration, which cannot exceed
10 years. Establishments employing less than 10 workers are also
required to register under the Act but do not require a licence.
- Change in particular of establishments to be communicated to
facilitator
- Closing to be notified within 30 days to facilitator (Section 10)
- Register and other records to be maintained (Section 25).
- Annual return to be filed (section 26)
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- Registration may be cancelled if the same is obtained through
misrepresentation or suppression of material facts or by submitting
false or forged documents or false declaration or by fraud.
- Contravention of provisions – fine up to
₹ 1 lakh
- Continued contravention of – fine up to ₹ 2,000/- every day.
- Subsequent contravention – fine up to ₹ 2 lakh. Total fine shall
not exceed ₹ 2,000/- per worker employed
- Contravention resulting in death of worker – imprisonment of up
to 6 months or fine not less than ₹ 2 lakh but which may extend to ₹ 5
lakh or both
- Obstructing a Facilitator or refusing to provide
register etc. - fine of up to ₹ 2 lakh. Total fine shall not
exceed ₹ 2,000/- per worker employed
- Provisions for compounding of offences prescribed. (section 33)
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THE BOMBAY LABOUR WELFARE FUND ACT , 1953 |
Wages means Wages as defined in Sec. 2(vi) of the Payment of Wages
Act, 1936 (4 of 1936) and includes Bonus payable under The Payment of
Bonus Act, 1965 (21 of 1965) |
(Every factory as Defined in Factories Act) Any establishment
within the meaning of the Bombay Shops and Establishments Act, 1948 (Bom.
LXXIX of 1948) which employs, or on working day during the preceding
twelve months, employed five or more persons (including the
Establishments
which have been granted exemption partly or wholly under the proviso
to section 4 of the Act.
Person who is employed for hire or reward to do any work skilled or
unskilled manual, clerical, supervisory or technical in an establishment
directly by the employer or through contractor or any other agency, but
does not include any person –
- Who is employed in a managerial capacity;
- Who being employed in a supervisory capacity, draws wages
exceeding three thousand five hundred
rupees per mensem. or exercises powers or carries out, either by the nature of the duties
attached to the office, or by reason of the powers
vested in him, functions mainly of a managerial nature
or,
- Who is employed as an apprentice under the
Apprentices Act, 1961 (52 of 1961).
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All employees where the number is more than 5. Employees drawing
less than
₹ 3,000/- per month ₹ 6/- and
employers contribution ₹ 18/- and employees drawing more than
₹ 3,000/- ₹ 12/- and employers contribution ₹ 36/. |
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The amount so collected will be deposited with the Board on the 15th
day of July and 15th day of January, as the case may be. |
If an employer does not pay to the Board any amount of unpaid
accumulations, or fines realised from the employees (for the amount of
the employers and employees contributions under sec.6BB) within the time
he is required by or under the provisions of this Act to pay it, the
Welfare Commissioner may cause to be served a notice on such
employer to the amount within the period specified therein, which shall
not be less than 30 days from the date of service of such notice.
Any sum payable (to the Board or) under this Act shall, without
prejudice to other mode of recovery, or be recoverable on behalf of the
Board as an arrear of revenue. |
THE FACTORIES ACT, 1948. (*RAJASTHAN AMENDMENT) |
Sec 2 (m): Factory means
- Whereon ten or more workers are
working is being carried on with the aid of power.
- Where on twenty or more workers are working in the manufacturing
process without the aid of the power The threshold of the number of workers employed for being applied
from 10 to 20 workers with the aid of the power and from 20 to 40
workers without the aid of the power.*
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Provision under the Act:
- Compulsory approval, licensing and
registration of factories
- Health Measures
- Safety Measures
- Welfare Measures
- Working Hours
- Employment of Women and Young persons
- Annual leave provisions
- Accident and occupational diseases
- Dangerous operations
- Penalties
- Obligations and rights of
employees
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Obligation of Employers-
- Compulsory Approval:- The occupier or
manager of a factory coming within the scope of the Act has to
apply to the Chief inspector of Factories for getting the factory registered and obtaining a licence for
it. The licence so granted can be amended, renewed, revoked or suspended
as per the rules. (Section 6 and Rules 5 to 13 deals with these
provisions)
- Notice of change of
Manager – Whenever a new manager is
appointed, the occupier shall send to the (inspector a written
notice and to the Chief Inspector a copy thereof within seven days
from the date on which such person takes over charge.
- General duties of the occupier- Every occupier shall ensure, as
far as is reasonably practicable,
- The health, safety and welfare of all workers
while they are at work in the factory.
- Provide and maintain plant and systems of work in the
factory that are safe and without risk to health
- Make arrangements for ensuring safety and absence of
risks to health in connection with the use, handling, storage and
transport of articles and substances
- Provide necessaryinformation, instruction, training and
supervision as are necessary to ensure the health and safety of all
workers at work
- Maintain all places in the factory in a condition that
is safe and without risks to health
With reference to the GR dated 14th November 2014, on receipt of
application complete in all respect, the licensing officer shall issue
licence within three working days from the date of receipt of an
application. If the application is not issued in three working days it
shall be deemed to have been granted and the copy of the receipt of
application with copy of payment of fees shall be treated as licence or
renewal certificate. |
"(I) The Chief Inspector may, on application being made to him under
rule 5 and on payment of the fees prescribed in sub Rule (2) thereof and
on being satisfied that there is no objection to the grant of licence
applied for, register the factory and issue a licence in Form 4, within three working days to the applicant to use as factory such
premises as are specified in the application and subject to compliance
with the following conditions:-
- The plan of factory building shall
get approval as per Rule 3.
- The conditions subject to which the plans are approved shall be
complied with.
- The compliance of the schedule prescribed under 114 shall be
complied with.
- Effective measures shall be taken to avoid accidents or injury to
persons due to machinery, process and raw materials like explosives,
flammable and toxics.
- The stability of factory building shall be certified from
competent person as per Rule 3-A.
- Conditions subject to which the licence is issued shall be
complied within a period of twelve months from the date of issuance.
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*Sec 18: Drinking water. In every factory provision for cool and
safe drinking water during hot weather by effective means.*
*Sec 46: Canteens.
Earlier factories with more than 250 workers were required to provide
canteens for their workers, that threshold has been reduced to 200
workers .
*Sec 47: Shelters, rest rooms and lunch rooms.
The threshold to provide shelters, rest room and a lunch room has
been reduced from factories employing 150 workers to those employing 75
workers & should be separate for male and female workers.
*Sec. 64: Power to make exemption rules.
The overtime in factories have been increased from 50 to 100 hours in
any quarter. Rules in this regard may be prescribed by both
Central and State Government [Factories (Amendment) Bill, 2016]
Sec. 65: Power to make exempting orders:
Total number of hours of overtime work in any quarter by any worker
shall not exceed 115 hours. State or Central Government may raise it to
125 hours if the same is in public interest. [Factories (Amendment)
Bill, 2016]
*Sec. 66: Further restrictions on employment of women.
Employing women on night shifts.
Factory management may begin such a shift after consulting the
workers.
Factory must arrange for transport for the female workers from the
factory premises to the doorstep of their residences.
Pregnant women and those returning from maternity leave cannot be
forced to work night shifts.
*Sec. 79: Annual Leave with wages.
The annual leave wages criteria is reduced to 90 days which was
previously 240 days. |
Sec 92. General Penalty for offences:
The manager and the occupier of the factory shall be guilty of an
offence and punishable with
imprisonment for a term of two years or with fine which may extend to Rupees Three lakhs previously it was Rupees One lakh or with both
and in any case it shall not be less that Rupees Thirty Thousand.* |
THE APPRENTICE ACT, 1961 |
The Object of the Act is to regulate training of
Apprentice and also to control the training of the
apprentices."Apprentice" means a person who is undergoing
apprenticeship training in pursuance of a contract of apprenticeship. |
Obligation of an Employer:
- To provide
apprentice with the training in his trade in accordance with the
provision of the Act.
- If the employer himself is not qualified in the trade, to ensure
that a person who possesses the prescribed qualification is placed in
charge of the apprentices.
- To provide adequate instrunctional staff, possessing such
qualification as may be prescribed for imparting practical knowledge and
theoretical training and facilities of the trade test of the
apprentices.
- To carry out his obligation under the contract of apprenticeship.
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Obligation of Apprentice:
- To attend classes
regularly.
- To carry out lawful orders of his employer and superior.
- To carry out his obligation under the contract of apprenticeship.
- To learn his trade conscientiously and diligently and endevour to
become a skilled craftsman.
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The Minimum rate of the
stipend per month payable to trade
apprentice shall :During the 1st year of training 70% of the
minimum wages of the semi skilled workers notified by the
respective States.
During the 2nd year of the training 80% of the minimum wages of the
semi-skilled workers notified by the respective States.
During the 3rd and 4th year of the training 90% of the minimum wages
of the semi-skilled workers notified by the respective States.
Vide Notification dated 22nd
September, 2014. |
Offences and Penalties: If any employer-
- Engages as an apprentice a person who is not qualified for being
so engaged, or
- Fails to carry out the terms and conditions of a contract of
apprenticeship, or
- Contravenes the provisions of this Act relating to the number of
apprentices which he is required to engage under those provisions.
He shall be punishable with
imprisonment for a term which may extend to six months or with fine or
with both. |
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013. |
Applicability: It applies to every establishment
employing Female Employee. |
Obligation of Employer: Constitution of
IC (Internal Committee):
Every employer of a workplace shall constitute a committee known as
IC.
1 Presiding Officer shall be woman at senior level.
Not less than 2 members amongst employees preferably committed to the
cause of women.
1 member shall be among non- governmental organisation.
At least one half of the IC members should be women.
The presiding Officer and every member of IC shall hold the office
not exceeding three years. |
Obligation of the appropriate government.
Local Committee (LC):
The appropriate Government may notify a District Magistrate or
Additional Magistrate or the Collector or Deputy Collector as a District
Officer for every District to exercise powers or discharge functions
under this Act.
Composition:
A chairperson to be nominated amongst eminent women in the field of
social work.
One member to be nominated from amongst the women working in block,
taluka or ward or municipality in the district. |
Complaint of Sexual Harassment: Any aggrieved
women may make in writing a complaint of sexual harassment at the
workplace to the IC or LC, if in case IC is not constituted within a
period of three months from the date of incident & in case of series of
incidents, within a period of three months from the date of last
incident.
For the purpose of making an inquiry under the Act, the IC or the
Local Committee as the case may be shall have the same powers as are
vested to a civil court, under the code of civil procedure.
- Summoning and enforcing the attendance of any person and examining
him on oath.
- Requiring the discovery and the production of documents.
- Any other matter which may be prescribed.
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Action during the pendency of inquiry: During the
pendency of an inquiry, the Internal Committee, as the case may be
recommend to the employer:-
Transfer the aggrieved woman or the respondent to any other
workplace; or
- Grant leave to the aggrieved woman up to a period of three months;
or
- Grant such other relief to the
aggrieved as may be prescribed
- The leave granted to the aggrieved woman under this section shall
be in addition to the leave she would be otherwise entitled.
Committee to submit annual report:
The Internal Committee or the Local Committee, as the case may be,
shall in each calendar year prepare, in such form and at such time as
may be prescribed, an annual report and submit the same to the employer
and the District Officer.
The appropriate Government has notified Deputy Collector as a
District Officer to exercise powers and discharge functions under this
Act. |
Penalty for non-compliance with provisions of Act. The employer is
punishable with a fine of Rupees Fifty Thousand if he fails to comply.
Second Offence punishment doubled and possibility of cancellation of
licence.
- To constitute an Internal
Committee .
- To take action under sec 13: Inquiry Report.
Sec. 14: Punishment for false or malicious complaint and false
evidence.
Sec. 22: Employer to include
information in annual report. |
THE CONTRACT LABOUR (REGULATION AND ABOLITION)
ACT, 1970 |
The Object of the Act is to do away with the abuses of the system of
employment of contract labour. With the said object the Act regulates
the employement in certain establishment and provides for its abolition
in certain circumstances. The Act is applicable to
- Every establishment employing twenty or more workmen as contract labour.
- To every contractor employing twenty or more workmen.
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Draft Amendment. Rule 21 addition.
Every application shall be accompanied by an undertaking by the
contractor regarding information of the applicant (contractor) whether
he is minor ; is of sound mind and stand so declared by a competent
court, he is an undischarged insolvent; has been convicted during the
period of 5 years immediately preceding the date of application in the
opinion of the government which involves moral turpitude. Whether an
order of Government or an award or settlement for the abolition of
contract labour in the establishment in relation to the contractor.
Rule (23)(I) sub-rule shall be
susbstituted .
" (I) On the receipt of the application complete in all respects, the
licensing officer shall issue the licence within three working days from
the date of the application and if the licence is not issued within the
said three working days, it shall be deemed to have been granted and the
copy of the receipt of the application with the copy of payment of
receipt shall be treated as Licence or renewal certificate.
Rule (24)
The Security amount for each workman to be employed as contract
labour has been enhanced from
₹ 100 to ₹ 500. In case where the contractor is a co-operative society,
the amount deposited as security shall be increased from ₹ 50 to ₹ 250.
Rule (26)
The fees to be paid for granting a Certificate of Registration under
section 7 shall be ₹ 5,000. |
Amendment in Rajasthan and Maharashtra: Sec 1(4).
It shall apply
- To every establishment in which fifty or more workmen are
employed on any day of the preceding twelve months as contract labour;
- To every contractor who employs or who employed on any day of the
preceding twelve months fifty or more workmen.
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Offences: If any person contravenes any
provisions of the Act or any rules made thereunder he would be punished
with imprisonment up to three months, or fine up to ₹1,000 or with both,
if such contravention is continued after conviction the fine would be up
to ₹ 100 per day. |