KNOW THE LABOUR LAWS (INDIA)

• Blend of Act & Rules which are to be read together

• Compliance Responsibility rests on Occupier and
Manager nominated by the occupier
THE FACTORIES ACT, 1948
THE FACTORIES ACT, 1948
• Act which makes it obligatory on the part of
the employer to provide for the health, safety
and welfare of the workers employed.
• Act extends to the whole of India.
• Applies to every factory wherein 10 or more
workers are or were employed, if run with
power and 20 or more workers are or were
employed, if run without power.
 Working Hours, Spread Over & Overtime of Adults
Hours of work (adult) not to exceed 48 hours in a week or 9 hours in a day.
Payment of Overtime wages for overstay at workplace @ twice the ordinary rate of
wages (Gross Sal).
Weekly Holiday: One day of rest should be provided in a week.
Intervals of rest: half an hour for 5 hours of work.
Spread over not more than 10½ hours.
Overlapping shifts prohibited.
No child (who has not attained the age of 14 years) be permitted to work.
Prohibition of employment of Women( except with prior exemption): No woman
shall be employed in any factory for more than 9 hours in any day or between 7 pm
and 6 am.
 Employer to keep the Factory premises clean
White washing at least once in every 14 months
Repainting or revarnishing in every 5 years
Ensure proper disposal of wastes and effluents
Record the dates on which white washing, painting or varnishing done in a register
(Prescribed by the State Govt.)
Ensure provision of sufficient number of Latrines and urinals – separate for gents
and ladies
Ensure spittoons are provided at adequate places.
Ensure workplace has adequate ventilation
Avoid overcrowding – ensure 500 cubic feet of space for every worker without
reference to any space which is more than 14 feet above the level of the floor of the
room.
Ensure proper lighting- artificial or natural or both.
Ensure supply of uninterrupted supply of Drinking Water.
Where the no. of workers is more than 250, provision for cold water shall be
ensured.
 Employer to ensure the Safety of workers
Fencing of Machines and Moving parts of machines – spindles, gears, pulleys, belts
etc
Protection of eyes using screens or goggles.
Precaution in case of Fire.
No woman or young person shall, unaided by another person, lift, carry or move by
hand or head any material or tool exceeding the maximum limit prescribed in the Act.
Employment prohibition of young persons on dangerous machines.
Striking gear and devices for cutting off power.
Prohibition of employment of women near cotton-openers.
Safety Officer: Appoint a Safety Officer wherein 1000 or more workers are
employed.
 Employer to ensure the welfare of workers
Washing facility separately for women and men
Separate rest rooms for men and women
First Aid boxes equipped with prescribed medicines
Ambulance room where 500 or more are employed
Canteen for use of workers where 250 or more are employed

Lunch room where 150 or more are employed

Crèches where 30 or more women are employed
THE INDUSTRIAL EMPLOYMENT
(STANDING ORDER) ACT, 1946
 THE INDUSTRIAL EMPLOYMENT
(STANDING ORDER) ACT, 1946

• Defines the terms and conditions of service between the employer and his
employees.
• Applies to every industrial establishment wherein 100 (in some States 50)or
more workers are employed
• The Act extends to the whole of India
 SIGNIFICANCE

• Terms of appointment order issued to an employee cannot circumvent the

provisions of certified standing order.

• Therefore, it is always desirable to get standing orders drafted and certified

as it regulates the relationship between the employer and the employee.
 Matters to be provided in Standing orders
Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.

Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.

Shift working.

Attendance and late coming.

Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.

Requirement to enter premises by certain gates, and liability to search.

Closing and re-opening of sections of the industrial establishments, and temporary stoppages of work and the right
and liabilities of the employer and workmen arising therefore.

Termination of employment, and the notice thereof to be given by employer and workmen.

Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.

Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or his agents or
servants.

Additional Matters
Service Record – Matters relating to service card, token tickets, certification of service, change of residential address of
workers and record of age Confirmation Age of retirement Transfer Medical aid in case of Accident Medical
Examination Secrecy Exclusive service.
 Submissions of Draft Standing Orders

Within six months from the date when the Act becomes applicable to an industrial establishment.
Five copies of the draft Standing Orders are to be submitted to the Certifying Officer under the Act.
Examination Secrecy Exclusive service.

Procedure for Certification of Standing Orders

Certifying Officer to forward a copy of draft standing orders to the trade union or in the absence of
union, to the workmen of the industry. The trade union or the other representatives, as the case may
be, are to be heard.
 Payment of Subsistence Allowance to the
Suspended Workers
At the rate of fifty per cent, of the wages which the workman was entitled to immediately proceeding
the date of such suspension, for the first ninety days of suspension.
At the rate of seventy-five percent of such wages for the remaining period of suspension if the delay
in the completion of disciplinary proceedings against such workman is not directly attributable to the
conduct such workman.

Procedure for Certification of Standing Orders

Certifying Officer to forward a copy of draft standing orders to the trade union or in the absence of
union, to the workmen of the industry. The trade union or the other representatives, as the case may
be, are to be heard.
 PENALTY

•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 BENEFIT ACT, 1961
 MATERNITY BENEFIT ACT, 1961
Object of the Act
To protect the dignity of
motherhood and the
dignity of a new person’s
birth by providing for the
full and healthy
maintenance of the
woman and her child at
this important time when
she is not working.
Coverage of the Act
Conditions for eligibility of benefits
Upon all women employees either employed
directly or through contractor except
domestic women employees employed in
Women indulging temporary of
mines, factories, plantations and also in other unmarried are eligible for maternity
establishments if the State Government so benefit when she is expecting a child
decides. Therefore, if the State Government and has worked for her employer for at
decides to apply this Act to women least 80 days in the 12 months
employees in shops and commercial immediately proceeding the date of her
establishments, they also will get the benefit expected delivery Sec. 5.
of this Act. Bihar, Punjab Haryana, West
Bengal, U.P., Orissa and Andhra have done
so.

Cash Benefits
•Leave with average pay for six weeks before the delivery.
•Leave with average pay for six weeks after the delivery.
•A medical bonus of Rs.25 if the employer does not provide free medical care to the woman.
•An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery,
miscarriage, or premature birth.
•In case of miscarriage, six weeks leave with average pay from the date of miscarriage.
Non Cash Benefits/Privilege
•Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
•Two nursing breaks in the course of her daily work until the child is 15 months old.
•No discharge or dismissal while she is on maternity leave.
•No change to her disadvantage in any of the conditions of her employment while on maternity leave.
•Pregnant women discharged or dismissed may still claim maternity benefit from the employer.

Exception : Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit
 MATERNITY BENEFIT ACT, 1961
Conditions for eligibility of benefits Leave for Miscarriage
& Tubectomy Operation

•Ten weeks before the date of her expected delivery, she may ask •Leave with wages at the rate
the employer to give her light work for a month. At that time she of maternity benefit, for a
should produce a certificate that she is pregnant. period of six weeks
•She should give written notice to the employer about seven weeks immediately following the day
before the date of her delivery that she will be absent for six weeks of her miscarriage or her
before and after her delivery. She should also name the person to medical termination of
whom payment will be made in case she can not take it herself. pregnancy.
•She should take the payment for the first six weeks before she goes •Entitled to leave with wages
on leave. at the rate of maternity benefit
•She will get payment for the six weeks after child-birth within 48 for a period of two weeks
hours of giving proof that she has had a child. immediately following the day
•She will be entitled to two nursing breaks of fifteen minutes each of her tubectomy operation.
in the course of her daily work till her child is fifteen months old.
•Her employer cannot discharge her or change her conditions of
service while she is on maternity leave.
Sec. 5.
 MATERNITY BENEFIT ACT, 1961
Leave for illness arising out of pregnancy etc. etc.
A woman suffering from illness arising our of pregnancy, delivery, premature birth of child
(Miscarriage, medical termination of pregnancy or tubectomy operation) be entitled, in addition to
the period of absence allowed to her leave with wages at the rate of maternity benefit for a
maximum period of one month. Sec. 10

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 day 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 will 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 medical bonus, etc.
•Not barred in case of dismissal for cross misconduct.
Sec.
 MATERNITY BENEFIT ACT, 1961
Failure to Display Extract of Act

Imprisonment may extend to one year or fine.

Forfeiture of maternity benefit

If a woman works in any establishment after she has been permitted by her employer to absent
herself under the provisions of section 6 for any period during such authorized absence, she shall
forfeit her claim to the maternity benefit for such period.
For discharging or dismissing such a woman during or on account of her absence from work, the
employer shall be punishable with imprisonment which shall not be less than 3 months, but it will
extend to one year and will find, but not exceeding Rs.5,000. Sec. 18
MINIMUM WAGES ACT, 1948
 MINIMUM WAGES ACT, 1948
Object of the Act
To provide for fixing minimum
rates of wages in certain
employments
Minimum Rates of Wages
Such as Basic rates of wages etc.
Variable DA and Value of other
concessions etc. Sec. 4
Fixation of Minimum Rates of Wages
•The appropriate government to fix minimum rates of wages. The
employees employed in para 1 or B of Schedule either at 2 or either part
of notification u/s 27.
•To make review at such intervals not exceeding five years the
minimum rates or so fixed and revised the minimum rates.
Government can also fix Minimum Wages for
•Time work • Piece work at piece rate • Piece work for the purpose of
securing to such employees on a time work basis • Overtime work done
by employees for piece work or time rate workers.
Sec. 3

Composition of Committee Payment of Minimum Rates of

Procedure for fixing and revising
Minimum Rates of Wages
Appointing Committee issue of
Notification etc. Sec. 5
Representation of employer
and employee in schedule
employer in equal number and
independent persons not
exceeding 1/3rd or its total
number one such person to be
appointed by the Chairman.
Sec. 9
Wages
Employer to pay to every
employee engated in schedule
employment at a rate not less than
minimum rates of wages as fixed
by Notification by not making
deduction other than prescribed.
Sec.12
 MINIMUM WAGES ACT, 1948

Overtime Wages of workers who works for less

Fixing Hours for Normal
To be fixed by the hour, by the day or than normal working days
Working
by such a longer wage-period works Save as otherwise hereinafter
•Shall constitute a normal
on any day in excess of the number of provided, be entitled to receive wages
working day inclusive of one or
hours constituting normal working in respect of work done by him on that
more specified intervals.
•To provide for a day of rest in day. day as if he had worked for a full
Payment for every hour or for part of normal working day, provided,
every period of seven days with
remuneration. an hour so worked in excess at the however, that he shall not be entitled
overtime rate double of the ordinary to receive wages for a full normal
•To provide for payment for
rate of (1½ times or for agriculture working day in any case where his
work on a day of rest at a rate
not less than the overtime rate.. labour) Sec. 5 failure to work is caused by his
unwillingness to work and not by the
Sec. 13
omission of the employer to provide
him with work.
Wages for two class of work Sec.15
Where an employee does two or more Minimum time rate wages for piece
classes of work to each of which a different work
minimum rate of wages is applicable, Not less than minimum rates wages as
wages at not less than the minimum rate in fixed . Sec. 17
respect of each such class. Sec. 16
 MINIMUM WAGES ACT, 1948
Maintenance of registers and records

•Register of Fines – Form I Rule 21(4)

•Annual Returns – Form III Rule 21 (4-A)
•Register for Overtime – Form IV Rule 25
•Register of Wages–Form X, Wages slip–Form XI, Muster
Roll–Form V Rule 26
•Representation of register – for three year Rule 26-A
Sec. 18

Claims by employees
•To be filed by before authority constituted under the Act within 6
months.
•Compensation upto 10 times on under or non-payment of wages Sec. 16
 MINIMUM WAGES ACT, 1948

PENALITIES Offence Punishment

Imprisonment upto 6
For paying less than
months or with fine upto
minimum rates of wages
Rs.500/-
Sec. 20 For contravention of any
Imprisonment upto 6
provisions pertaining to
months or with fine upto
fixing hours for normal
Rs.500/-
working day etc.
PAYMENT OF BONUS ACT, 1965
 PAYMENT OF BONUS ACT, 1965
Components of Bonus Applicability of Act
Salary or wages includes dearness Every factory where in 10 or more persons are employed with the
allowance but no other allowances aid of power or
e.g. over-time, house rent, incentive An establishment in which 20 or more persons are employed
or commission. without the aid of power on any day during an accounting year
Sec.2(21)

Computation of available Separate

surplus establishment Disqualification & Deduction of Bonus

Gross Profit minus If profit and loss On dismissal of an employee for

Income tax and direct taxes as accounts are prepared •Fraud; or
payable. and maintained in •riotous or violent behaviour while on the premises of the
Depreciation as per section 32 of respect of any such establishment; or
Income Tax Act. department or •theft, misappropriation or sabotage of any property of the
Development rebate, undertaking or establishment or
investment or development branch, then such •Misconduct of causing financial loss to the Employer to the
allowance. department or extent that bonus can be deducted for that year.
Such further sums as specified undertaking or branch Secs. 9 & 18.
in third schedule. is treated as a separate
Sec.5 establishment.
Sec.3
 PAYMENT OF BONUS ACT, 1965
Eligible Employees
Payment of Minimum Bonus

Employees drawing 8.33% of the salary or Rs.100 (on completion of 5 years after 1st
wages up to Rs.10,000 Accounting year even if there is no profit)
per month or less (w.e.f. Sec.10
1.4.2006)

For calculation
Sec. 8
purposes Rs.3,500(
w.e.f. 1.4.2006) per
month maximum will
Maintenance of Registers and Records etc.
be taken even if an
employee is drawing •A register showing the computation of the allocable surplus referred to in clause (4)
upto Rs.10,000 per of section 2, in form A.
month. •A register showing the set-on and set-off of the allocable surplus, under section 15, in
Sec.12 form B
•A register showing the details of the amount of bonus due to each of the employees,
Note: The proposal to the deductions under section 17 and 18 and the amount actually disbursed, in form C.
enhance the existing Sec.26, Rule 4
ceiling of Rs.3500 is
under active
consideration by the
Govt.
 PAYMENT OF BONUS ACT, 1965
AMENDMENTS TO THE PAYMENT OF BONUS ACT, 1965

The Cabinet in its meeting held on October 1, 2007 has approved the Amendments to the payment of Bonus Act, 1965,
which are as follows (wef 01.04.06):-

i) Amendment to Section 2(13): To raise the eligibility limit for payment of bonus from the salary or wage of Rs.3500/- to
Rs.10,000 per month.

ii) Amendment to section 12: To raise the ceiling for calculation purpose from the salary or wage of Rs.2500/- to
Rs.3500/- per month, and;

iii) Deletion of section 32(vi): To cover the employees employed through contractors on building operations .

For contravention of any provision of the Act or the

PENALTY Upto 6 months or with fine upto Rs.1000. Sec.28
Rule
PAYMENT OF GRATUITY ACT, 1972
 PAYMENT OF GRATUITY ACT, 1972
Wages for Calculation
Applicability Employee Qualifying
period
@ 15 days’ wages for
Every factory, mine, oil All employees irrespective of status or
every completed year as
field, plantation, port, salary On rendering of
if the month comprises
railways, company, 5 years’ service,
of 26 days at the last
shop, establishment or either
drawn wages.
educational institutions termination,
Entitlement
employing 10 or more resignation or
employees On completion of five years’ service retirement.
except in case of death or disablement

Calculation Piece-rated Calculation Display of Notice Nomination Maximum Ceiling

employee Seasonal
employee
On conspicuous place To be Rs.10,00,000
@ 15 days wages for at the main entrance in obtained by
every completed year @ 7 days’ wages English language or the employer after
on an average of 3 for every language understood expiry of one
months’ wages completed year of by majority of year’s service,
Mode of payment
service. employees of the in Form ‘F’
factory, etc.
Cash or, if so desired,
by Bank Draft or
Cheque
 PAYMENT OF GRATUITY ACT, 1972

Penalties

•Imprisonment for 6 months or fine upto Rs.10,000 for avoiding to make

payment by making false state-ment or representa -tion.

•Imprisonment not less than 3 months and upto one year with fine on
default in comply-ing with the provisions of Act or Rules.
PAYMENT OF WAGES ACT, 1936
 PAYMENT OF WAGES ACT, 1936
Applicability of Act
•Factory industrial Establishment
•Tramway service or motor transport
service engaged in carrying
passengers or good or both by road
for hire or reward. • Air transport
service Dock, Wharf or Jetty • Inland
vessel, mechanically propelled
•Mine, quarry or oil-field Plantation
•Workshop or other establishment
etc.
Object of the Act
To regulate the payment of wages
of certain classes of employed
persons
Time of payment of wages
Wages to be paid in current
coins or currency notes
•All wages shall be paid in
current coins or currency
notes or in both.
•After obtaining the
authorization, either by
cheque or by crediting the
wages in employee’s bank
Account Sec. 6

The wages of every person employed be paid.

Fines as prescribed by
•Not to imposed unless the employer is
given an opportunity to show cause
To record in the register
Sec.8
When less than 1000 persons are employed
shall be paid before the expiry of the 7th day
of the following month. Deduction for absence from
duties for unauthorised
When more than 1000 workers, before the absence
expiry of the 10th day of the following month.
Sec. 5
Absence for whole or any
part of the day –
If ten or more persons absent
without reasonable cause,
deduction of wages upto 8
days.

Sec. 9
 PAYMENT OF WAGES ACT, 1936
Deductions for service rendered
Deduction made from wages
When accommodation amenity or service
has been accepted by the employee.
Deductions such as, fine, deduction for amenities and services
supplied by the employer, advances paid, over payment of wages, Sec.11
loan, granted for house-building or other purposes, income tax
payable, in pursuance of the order of the Court, PF contributions,
cooperative societies, premium for Life Insurance, contribution to
any fund constituted by employer or a trade union, recovery of
losses, ESI contributions etc.etc. Sec. 7

Deduction made from wages Deduction for damage or loss

Deductions such as, fine, deduction for amenities and services

supplied by the employer, advances paid, over payment of For default or negligence of an employee resulting
wages, loan, granted for house-building or other purposes, into loss. Show cause notice has to be given to the
income tax payable, in pursuance of the order of the Court, PF employee. Sec.10
contributions, cooperative societies, premium for Life Insurance,
contribution to any fund constituted by employer or a trade
union, recovery of losses, ESI contributions etc.etc.
Sec. 7
 PAYMENT OF WAGES ACT, 1936
Penalty:

On contravention of S.5 (except sub-sec.4), S.7, S.8 (except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to 13. Fine not less than Rs.1000
which may extend to Rs.5000. On subsequent conviction fine not less 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 neglecting to furnish information or return; or
•Wilfully furnishing or causing to be furnished any information or return which he knows to be false or
Refusing to answer or wilfully giving a false answer to any question necessary for obtaining any information required to be furnished
under this Act.

•Fine which shall not be less than Rs.1000 but may extend to Rs.5000 – On record conviction fine not less than Rs.5000,
may extend to Rs.10,000.
For second or subsequent conviction, fine not less than Rs.5000 but may extend to Rs.10,000.

•Wilfully obstructing an Inspector in the discharge of his duties under this Act; or
•Refusing or wilfully neglecting to afford an Inspector any reasonable facility for making any entry, inspection etc.
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.

Fine not less than Rs.1000 extendable

Upto Rs.5000 – On subsequent conviction fine

not less than Rs.5000 – may extent to Rs.10,000

•On conviction for any offence and again guilty of Contravention of same provision.
•Failing or neglecting to pay wages to any employee Imprisonment not less than one month extendable upto six
months and fine not less than Rs.2000 extendable upto Rs.15000.
Additional fine upto Rs.100 for each day.
EMPLOYEES’ COMPENSATION
ACT, 2010
 EMPLOYEES’ COMPENSATION ACT, 2010

Applicability Coverage of Workmen Employer’s liability to pay compensation to a

All workers irrespective of their status or
All over India salaries either directly or through contractor or
a person recruited to work abroad. Sec.1(3)
Sec.1
workman
On death or personal injury resulting into total or
partial disablement or occupational disease
caused to a workman arising out of and during
the course of employment.

Sec.3

Amount of compensation
•Where death of a workman results from the injury
•An amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor
on an amount of eighty thousand rupees, whichever is more.
•Where permanent total disablement results from the injury.
•An amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor or
an amount of ninety thousand rupees, whichever is more
Procedure for calculation

Higher the age – Lower the compensation

•Relevant factor specified in second column of Schedule IV giving slabs depending upon the age of the concerned workman.
•Example : In case of death.
•Wages Rs.3000 PM ● Age 23 years
•Factor as schedule IV Rs.19.95
•Amount of compensation Rs.329935
•In case of total disablement Rs.395910.
Sec. 4
 EMPLOYEES’ COMPENSATION ACT, 2010

Wages
When an employee is not liable for compensation

When the monthly wages are

•In respect of any injury which does result in the total or partial
more than Rs.4000 per month it
disablement of the workman for a period exceeding three days.
will be deemed Rs.4000.
•In respect of any injury, not resulting in death or permanent total
Sec.4 Exh.b disablement caused by an accident which is directly attributable to-
•The workman having been at the time thereof under the influence
of drink or drugs, or
•Willful disobedience of the workman to an order expressly given,
Notice of or to a rule expressly framed, for the purpose of securing the safety
Accident of workmen, or
•Willful removal or disregard by the workman of any safety guard
or other device which he knew to have been provided for the
As soon as purpose of securing the safety of workman.
Practicable Sec.3(a) & (b)
Sec. 10
 EMPLOYEES’ COMPENSATION ACT, 2010

Report of accident
Bar upon contracting out
Rule 11 Form EE

Any workman relinquishing his right for

Report of fatal Accident and Serious Injury within 7 days
personal injury not permissible.
to the Commissioner (not applicable when ESI Act
applies). Sec.14
Sec.10B

PENALTY

•In case of default by •50% of the compensation amount + interest to be

employer paid to the workman or his dependents as the case
•Deposit of Compensation may be.
•Within one month with the Compensation
Commissioner
Sec.4A
 EMPLOYEES’ COMPENSATION ACT, 2010

Amendments :

Section 2(n) excludes people who are employed in a casual nature and those who are employed 'otherwise than for the purpose of
the employers trade or business. This exclusion is sought to be removed.

Section 4 sets the minimum amount payable for death and permanent total disablement as Rs 50,000 and Rs 60,000 respectively.
These are sought to be enhanced to Rs 80,000 and Rs 90,000 respectively.
Explanation to Section 4 set a ceiling of Rs 2000 for the purpose of calculating wages. This ceiling is sought to be enhanced to Rs
4000.
Section 4(4) requires the employer to deposit Rs 1000 with the commissioner as funeral expenses payable to the workman. This
amount is sought to be increased to Rs 2,500.
Section 4(A) specifies that the penalty on late payments is to be credited to the State Government. It is sought to credit the penalty
amount to the workman
The Apprentices Act, 1961
 The Apprentices Act, 1961
Apprenticeship
Object of the Act Applicability of Advisor
Promotion of new the Act Central
manpower at skills. Areas and Apprenticeship
Improvement/refine industries as Advisor – when
ment of old skills notified by the appointed by
through theoretical Central Central
and practical training Government Government.
in number of trades
Sec. 1 Sec. 2(b)
and occupation
 The Apprentices Act, 1961
Industry
Industry means any industry, or business or in
which any trade, occupation or subject/field in
engineering or technology or any vocational
course may be specified as a designated trade
Sec. 2(k)
Contract of Apprenticeship
To contain such terms and conditions as
may be agreed to by the apprentice, or his
guardian (in case he is a minor) and
employers.
Sec. 4
Qualification for being trained as
an Apprentice
A person cannot be an apprentice
in any designated trade unless
He is not less than 14 years of
age;
He is not less than 18 years of
age for designated trades related
to hazardous industries
He satisfies such standard of
education
And physical fitness as
May be prescribed.
Sec. 3
 The Apprentices Act, 1961
Termination of
Conditions for Novation of Obligations of
Apprenticeship
Contract of Apprenticeship employers
On the expiry of the period of
•To Provide the
apprentice with Apprenticeship training.
•There exists an apprenticeship the training in his
contract. On the application by either of the
trade.
•The employer is unable to fulfil his •To ensure that a
parties to the contract to the
obligation. Apprenticeship Advisor
person duly
•The approval of the Apprenticeship qualified is placed
Three months last drawn tripend
Advisor is obtained. payable by employer in case of his
in charge of the
•Agreement must be registered with training of the
failure and recoverable from
the Apprenticeship Advisor. apprentice or his guardian in case for
apprentice. his failure
Sec. 5 •To carry out
contractual Sec. 6
obligations.
Sec. 11
Number of Apprentices in Period of Apprenticeship
Designated Trade As prescribed in Schedule 1 & 1B
Each establishment shall engage for trade apprentices
apprentices in the band of 2.5% to
10% of its total strength including I year for other Apprentices
contractual workers Rule 7
Sec.8 & Rule 7B
 The Apprentices Act, 1961
Obligations of Apprentice
To learn his trade conscientiously, diligently.
To attend practical and instructional classes regularly.
To carry out all lawful orders.
To carry out his contractual obligations.
Health safety & Welfare measures for Apprentices
As per Factories Act or Mines Act as the case may be when undergoing
training. AS PER CHAPTERS 3,4,5 OF THE FACTORIES ACT AND CH 5 OF THE MINES ACT:
ALSO WORKMANS COMPENSATION ACT 1923

Hours of work

At par with the Industry in which they are engaged

Leave and Holidays

At par with the Industry in which they are engaged

Sec. 15
 The Apprentices Act, 1961
Employer’s liability to pay
compensation for injury
As per provisions of
Workmen’s Compensation
Act.
Sec. 16
Offences & Punishment
Imprisonment of a term upto 6
months or with fine when
employer (I) engages as an
apprentice a person who is not
qualified for being so engaged or
(ii) fails to carry out the terms and
conditions of a contract of
apprenticeship, or (iii)
contravenes the provisions of the
Act relating to the number of
apprentices which he is required
to engage under those provisions
Secs. 30 & 31
Prevention, Prohibition & Redressal
of Sexual Harassment at the
Workplace, 2013
 The POSH Act, 2013
The Precise Objective of the Law
No woman shall be subjected to
sexual harassment at any
workplace in India No woman
shall be subjected to sexual
harassment at any workplace in
India
What Constitutes Sexual Harassment
It includes unwelcome sexual
behaviour of direct or implied nature
such as:
• Physical contact & advances
• Request for sexual favours
• Sexually colored remarks
• Showing pornography &
• unwelcome physical, verbal or non-
verbal sexual conduct
 The POSH Act, 2013
Some Examples
Some Examples
• Staring, leering, obscene
gestures, howling, making
• Blocking, following and cornering
kissing sound, smacking lips
Using force and assaulting
• Showing sexually obscene
physically
/suggestive signs, objects or
• Referring as honey, sweetheart
pictures
etc. or using innuendoes
• Indecent comments, dirty
• Turning work discussion into
jokes, making suggestive
sexually coloured remarks
sounds, comments on
• Telling sexual jokes or stories 
woman’s dress or body
• Looking a person up and
• Using power positions to
down/staring, making suggestive
request for favours or threats
expressions like winking
on loss of job
• Touching a person’s clothing,
• Touching, patting, caressing,
hanging around a person
brushing against another’s
body
 The POSH Act, 2013
Kinds of Workplace Harassment
Hostile Work Environment means
• Hostile Work Environment Creating an intimidating work
• Quid Pro Quo Environment environment & humiliating treatment
that affect health/safety of woman
Quid Pro Quo Sexual Harassment means A pervasive sexual harassment that
• Implied/explicit promise of preferential makes the work environment 'hostile'
treatment in job Sexist remarks, display of pornography
• Any threat of detrimental nature & or sexist/obscene graffiti, physical
threat to job contact/brushing against women
• Seeking any sexual favours or advances
in exchange for benefits
• Using a sexually explicit behaviour or
speech as a condition for providing
employment
• Any retaliatory action such as dismissal,
demotion, difficult work conditions on a
refusal to comply with a 'request'
 The POSH Act, 2013
‘Workplace’ means
organizations, departments,
institutions, office, branch unit etc. in
the public/private sector, both
organized and unorganized, hospitals,
nursing homes, educational
institutions, sports institutes,
stadiums, sports complex, NGOs,
trusts, cooperatives, societies , service
providers & any place visited by the
employee in the course of
employment including transportation
16
Types of Employees covered by the Law
regular/temporary/ad-hoc/daily wage
employees, whether for remuneration
including volunteers
Contractual worker, probationer, trainee,
apprentice etc
In short, any woman at the workplace as
part of employment
The law covers all women employees in the
organised / unorganised sectors; public or private
sectors and clients, customers and domestic
workersirrespective of their age/employment
status‘. It includes domestic workers
 The POSH Act, 2013
No-Harassment Policy & Outlining of
Steps Employers must take
Procedures
• Prohibit sexual harassment & its
A no-sexual harassment policy is a
penalties in the rules & publicise it
declaration to prevent, prohibit or
•  Include POSH in the standing
eradicate sexual harassment &
orders under the Industrial
An explanation of penalties, including
Employment (Standing Orders)
termination of service the employer will
Act, 1940 or its equivalent
impose for sexual harassment
• Set up complaint committee and
A detailed outline of the grievance handling
notify its details
procedure
• Provide fair conditions in respect
of work, leisure, health and
hygiene with no hostile Kinds of committees to be Set up
environment towards women
• Ensure attendance of the An Internal Complaints Committee (ICC), at least
respondent for enquiry a 5 member committee, at all workplaces
• Support the complainant to file employing 10 or more workers
criminal petition etc
When the complaint is against the employer, it
will be handled by the Labour office
 The POSH Act, 2013
Procedures for Filing a Complaint
A complaint shall include 6 copies
with supporting documents
The complaint committee should send
one copy to the respondent within 7
working days to get a reply
The respondent has to file his reply
within 10 working days
The complaints committee has to
complete the enquiry in 90 days and
put up its report to the Employer
within 10 days & Employer has to act
within 60 days on receiving the report
Time Limit for Filing a Complaint
A complaint of sexual harassment needs to
be filed within 3 months
The period may extend to another 3
months, in grave circumstances that
prevented her from filing the complaint in
time
Interim Action During Inquiry
The aggrieved or the respondent can be
transferred to avoid face to face contact
Grant leave to the aggrieved up to 3months
If Prima facie Criminal Case Exist the committee
should pass on the complaint within 7 days to the
police for criminal action under IPC
Crime can be charged under IPC 509 or any other
section as per the incident
Thank you !!!