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Labour Laws - Simple
Labour Laws - Simple
LABOUR LAWS
APPRENTICES ACT, 1961
CHECKLIST
• Prohibition of employment of young children e.g. 14 years. A worker having worked for 240
• Non-adult workers to carry tokens e.g. certificate of fitness. days @ one day for every 20 days
• Working hours for children not more than 4 ½ hrs. and not and for a child one day for working
permitted to work during night shift. of 15 days.
Secs. 51, 54 to 56, 59 & 60 Accumulation of leave for 30 days.
Secs. 79
OFFENCE PENALTIES
Sec.92 to
• For contravention of the Provisions of the Act or • Im prisonm ent upto 2 years or fine upto Rs.1,00,000 or
Rules both
• On Continuation of contravention • Rs.1000 per day
• On contravention of Chapter IV pertaining to safety • Not less than Rs.25000 in case of death.
or dangerous operations. • Not less than Rs.5000 in case of serious injuries.
• Subsequent contravention of some provisions • Imprisonment upto 3 years or fine not less than
Rs.10,000 which may extend to Rs.2,00,000.
• Obstructing Inspectors • Imprisonment upto 6 months or fine upto Rs.10,000
or both.
• Wrongful disclosing result pertaining to results of • Imprisonment upto 6 months or fine upto Rs.10,000
analysis. or both.
• For contravention of the provisions of Sec.41B, 41C • Imprisonment upto 7 years with fine upto
and 41H pertaining to compulsory disclosure of Rs.2,00,000 and on continuation fine @ Rs.5,000
information by occupier, specific responsibility of per day.
occupier or right of workers to work imminent • Imprisonment of 10 years when contravention
danger. continues for one year.
EMPLOYMENT EXCHANGES
(COMPULSORY NOTIFICATION OF VACANCIES)
ACT, 1959 & THE RULES
CHECK LIST
When Act is not applicable
Applicability of the Any employment in agriculture,
Act horticulture etc.
Object of the Act
Any employment in domestic
By notification in the service.
To provide for the
Official Gazette, appoint Any employment, the total duration
compulsory
in this behalf for such of which is less than three
notification of
State and different dates months.
vacancies to
may be appointed for Any employment to do unskilled
employment
different states or for office work.
exchanges.
different areas of a State. Any employment connected with
the staff of Parliament.
Sec. 3
PENALTIES
Impedes the right of access to relevant records or documents or the right of entry conferred by section 6;
he shall be punishable for the first offence with fine upto Rs.250 and for every subsequent offence with
fine upto Rs.250 and for every subsequent offence with fine upto Rs.500.
Rules 7
INDUSTRIAL DISPUTES ACT, 1947
Object of the Act
Provisions for investigation and settlement of industrial disputes and for certain other purposes.
Important Clarifications Power of Labour Court to give Right of a W orkm an during
Industry– has attained wider meaning than defined Appropriate Relief Pendency of Proceedings
except for domestic employment, covers Labour Court/Industrial Tribunal can in High Court
from barber shops to big steel companies. Modify the punishment of dismissal or Employer to pay last drawn wages
Sec.2(I) discharge of workmen and give to reinstated workman when
W orks Com m ittee –Joint Committee with equal appropriate relief including proceedings challenging the
number of employers and employees’ reinstatement.Sec.11A award of his reinstatement are
representatives for discussion of certain common pending in the higher Courts.
problems. Sec.3 Persons Bound by
Conciliation– is an attempt by a third party in Period of Operation of
Settlement
helping to settle the disputes Sec.4 Settlements and
• When in the course of conciliation
Adjudication– Labour Court, Industrial Tribunal or Awards
proceedings etc., all persons
National Tribunal to hear and decide the dispute. • A settlement for a period as
working or joining subsequently.
Secs.7,7A & 7B agreed by the parties, or
• Otherwise than in course of • Period of six months on
Lay off & Payment of Compensation – settlement upon the parties to the signing of settlement.
Conditions for Laying off settlement. Sec.18
Failure, refusal or inability of an employer to • An award for one year after
provide work due to
Notice of Change
• Shortage of coal, power or raw material. 21 days by an employer to workmen Prior Permission for Lay off
• Accumulation of stocks. about changing the conditions of When there are more than 100
• Breakdown of machinery. service as provided in Ivth Schedule. workmen during proceeding 12
• Natural calamity. Sec.25-C Sec.9A months. Sec.25-M
PENALTIES
• Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for every day on
continuation of offence.
• Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day.
MATERNITY
Object of the Act
BENEFIT
CoverageACT,
of the Act 1961
CHECK LIST Upon all women em ployees either em ployed Conditions for eligibility
To protect the dignity
directly or through contractor except of benefits
of motherhood and
dom estic women em ployees em ployed in Wom en indulging tem porary
the dignity of a new
m ines, factories, plantations and also in of unm arried are eligible for
person’s birth by
other establishm ents if the State m aternity benefit when she
providing for the full
Governm ent so decides. Therefore, if the is expecting a child and has
and healthy
State Government decides to apply this Act worked for her em ployer for
maintenance of the
to wom en em ployees in shops and at least 80 days in the 12
woman and her child
comm ercial establishm ents, they also will m onths im mediately
at this important time
get the benefit of this Act. Bihar, Punjab proceeding the date of her
when she is not
Haryana, West Bengal, U.P., Orissa and expected deliverySec. 5.
working.
Cash Benefits Conditions for eligibility of
Leave with average pay for six weeks before the delivery. benefits
Leave with average pay for six weeks after the delivery.
A m edical bonus of Rs.25 if the em ployer does not provide free m edical care to the Ten weeks before the date of
woman. her expected delivery, she
may ask the employer to
An additional leave with pay up to one m onth if the woman shows proof of illness due to
give her light work for a
the pregnancy, delivery, m iscarriage, or premature birth. month. At that time she
In case of m iscarriage, six weeks leave with average pay from the date of m iscarriage. should produce a certificate
Non Cash Benefits/Privilege that she is pregnant.
Light work for ten weeks (six weeks plus one month) before the date of her expected She should give written notice
delivery, if she asks for it. to the employer about seven
Two nursing breaks in the course of her daily work until the child is 15 m onths old. weeks before the date of her
No discharge or dism issal while she is on maternity leave. delivery that she will be
absent for six weeks before
No change to her disadvantage in any of the conditions of her em ployment while on
and after her delivery. She
m aternity leave. should also name the person
Pregnant wom en discharged or dism issed m ay still claim m aternity benefit from the to whom payment will be
em ployer. made in case she can not
Exception: Wom en dism issed for gross m isconduct lose their right under the Act fortake it herself.
Maternity Benefit She should take the payment
for the first six weeks before
Leave for illness arising out of she goes on leave.
Leave for Miscarriage
pregnancy etc. etc. She will get payment for the six
& Tubectomy Operation
A woman suffering from illness weeks after child-birth within
Leave with wages at the rate of
arising our of pregnancy, delivery, 48 hours of giving proof that
maternity benefit, for a period of she has had a child.
premature birth of child
six weeks immediately following She will be entitled to two
(Miscarriage, medical termination
the day of her miscarriage or her nursing breaks of fifteen
of pregnancy or tubectomy
medical termination of pregnancy. minutes each in the course
operation) be entitled, in addition of her daily work till her child
Entitled to leave with wages at the
to the period of absence allowed is fifteen months old.
rate of maternity benefit for a
to her leave with wages at the Her employer cannot discharge
period of two weeks immediately
rate of maternity benefit for a her or change her conditions
following the day of her tubectomy
maximum period of one month. of service while she is on
operation. maternity leave.
Sec. 10
Sec. 5.
Prohibition of dismissal during absence of pregnancy
Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a
that the notice will expire during such absence or to very her disadvantage.
Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice
expire during such absence, or to vary to her disadvantage any of the conditions of her service.
At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or me
bonus, etc.
Not barred in case of dismissal for cross m isconduct. Sec.
• A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in
form A.
• A register showing the set-on and set-off of the allocable surplus, under section 15, in form B
• A register showing the details of the amount of bonus due to each of the employees, the
deductions under section 17 and 18 and the amount actually disbursed, in form C.
Act not applicable to certain employees of LIC, General Insurance, Dock Yards, Red Cross, Universities
& Educational Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors,
etc. etc. Sec.32.
For contravention of any provision of the Act or Upto 6 months or with fine upto Rs.1000.
PENALTY the Rule Sec.28
Sec.
1
PAYMENT OF Sec.
2(s)
Applicability
GRATUITY
Every factory, ACT, 1972 & THE RULES Wages for
Calculation
mine, oil field,
plantation, port, @ 15 days’
railways, wages for every
company, shop, CHECKLIST completed year
establishment or as if the month
educational comprises of 26
institutions days at the last
employing 10 or Sec. drawn wages.
more employees 2(e)
Employee
All employees
Sec. Qualifying
irrespective of
1 period
status or
salary Rule
Calculation On rendering of 4
Piece- 5 years’ service,
Calculation Entitlement
rated either
Seasonal On completion Display of
employee termination,
employee of five years’ Notice
resignation or
service except
@ 15 days retirement.
@ 7 days’ in case of On conspicuous
wages for death or
wages for place at the main
every disablement
every entrance in
completed
completed English language
year on an
year of or the language
average of 3
service. understood by
months’
majority of
wages
Sec. employees of the
4(3) factory, etc.
Rule
Sec.6 9
Rule 6 Maximum
Ceiling
Nomination Rule
Mode of
Rs.3,50,00 9
payment
To be obtained 0
by employer Cash or, if so Penalties
after expiry of desired, by
one year’s Bank Draft or Imprisonment for
service, in Cheque 6 months or fine
Form ‘F’ upto Rs.10,000
for avoiding to
Sec. make payment
4(6) by making false
Sec.8 Sec. state-ment or
Forfeiture of Gratuity
Rule 8 13 representa -tion.
On termination of an
Recovery of Imprisonment not
employee for moral Protection of
Gratuity less than 3
turpitude or riotous or Gratuity
disorderly behaviour. months and upto
To apply within one year with
Wholly or partially for Can’t be
30 days in fine on default in
wilfully causing loss, attached in
Form I when comply-ing with
destruction of property execution of
not paid within the provisions of
etc. any decree
30 days Act or Rules.
On contravention of S.5 (except sub-sec.4), S.7, S.8 Fine not less than Rs.1000 which may extend to
(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to Rs.5000. On subsequent conviction fine not less
13. than Rs.5000, may extend to Rs.10,000. On
contravention S.4, S.5(4), S6, S.8(8), S.10(2) or S.25
fine not less than Rs.1000. – may extend to
Rs.5000. On subsequent On conviction fine not
less.
• For failing to maintain registers or records; or
• Wilfully refusing or without lawful excuse • Fine which shall not be less than Rs.1000 but may
neglecting to furnish information or return; or extend to Rs.5000 – On record conviction fine not
• Wilfully furnishing or causing to be furnished any less than Rs.5000, may extend to Rs.10,000.
information or return which he knows to be false • For second or subsequent conviction, fine not less
or than Rs.5000 but may extend to Rs.10,000
• Refusing to answer or wilfully giving a false
answer to any question necessary for obtaining
any information required to be furnished under
this Act.
• Wilfully obstructing an Inspector in the discharge
of his duties under this Act; or
• Refusing or wilfully neglecting to afford an Fine not less than Rs.1000 extendable
Inspector any reasonable facility for making any Upto Rs.5000 – On subsequent conviction fine
entry, inspection etc. not less than Rs.5000 – may extent to Rs.10,000
• Wilfully refusing to produce on the demand of an
inspector any register or other document kept in
pursuance of this Act; or preventing any person for
appearance etc.
• On conviction for any offence and again guilty of • Imprisonment not less than one month
When an employee is not liable
for compensation
WORKMEN’S COMPENSATION
• In respect of any injury which does
result in the total or partial
disablement of the workman for a
ACT, 1923
Amount of compensation
• Where death of a workman results from the injury
period exceeding three days.
• In respect of any injury, not
• An amount equal to fifty per cent of the monthly wages
CHECKLIST
of the deceased workman multiplied by the relevant factor
resulting in death or permanent
total disablement caused by an
on an amount of eighty thousand rupees, whichever is more. accident which is directly
• Where Coverage ofresults
permanent total disablement
Applicabilit Workmen from the Employer’s
attributable to- liability to pay
injury.y All workers irrespective of their • Thecompensation
workman having to a workman
been at the
• status
An amount equal to sixty orcent
per salaries either
of the directly
monthly or
wages On death or personal injury resulting
time thereof under the influence of
of All
theover through contractor
Indiaworkman multiplied
injured or a person
by the relevant factor or into
drinktotal or partial
or drugs, or disablement or
an amount Sec.1 recruited
of ninety thousand to work
rupees, abroad.isSec.1(3)
whichever more occupational
• Willful disease caused
disobedience of to a
the
Procedure for calculation workman arising out of and
workman to an order expressly during
Higher the age – Lower the compensation the course
given, or toof a employment.
rule expressly
• Relevant factor specified in second column of Schedule IV framed, for the purpose Sec.3of
giving slabs depending upon the age of the concerned securing the safety of workmen, or
workman. • Willful removal or disregard by the
• Example : In case of death. workman of any safety guard or
• Wages Rs.3000 PM ● Age 23 years other device which he knew to
• Factor as schedule IV Rs.19.95 have been provided for the
• Amount of compensation Rs.329935 purpose of securing the safety of
Wages Notice
Accident
When the monthly wages
are more than Rs.4000 per As soon as
month it will be deemed Practicable
Rs.4000. Sec. 10
Sec.4 Exh.b
PENALTY
In case of default by employer 50% of the compensation amount + interest to be paid to the
• Deposit of Compensation workman or his dependents as the case may be.
• Within one month with the Compensation Commissioner
Sec.4A