Professional Documents
Culture Documents
Labour Laws
Labour Laws
Various Acts
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. The Factories Act The Contract Labour (R&A) Act The Payment of Wages Act The Minimum Wages Act The Payment of Bonus Act The Employment Exchanges Act The Provident Fund Act The Profession Tax Act The Workmens Compensation Act The Maternity Benefit Act The Industrial Employment (Standing Orders) Act The Bombay Labour Welfare Fund Act The Payment of Gratuity Act The Bombay Shops and Establishment Act The Industrial Disputes Act The Water (Prevention & Control of Pollution) Act The Maharashtra Recognition of Trade Union (MRTU) and Prevention of Unfair Labour Practices (PULP) Act The Employees State Insurance Act
Applicability of Acts
The Factories Act
Applicability : Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power, where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power. Scope : An Act to consolidate and amend the law regulating labour in factories Comments : This Act covers basic rules and regulations for starting of a new factory and maintaining it consistently under the conditions prescribed in the Act for safety and health and welfare of the employees.
Applicability of Acts
The Payment of Wages Act
Applicability : Every Factory Scope : An Act to regulate the payment of wages to certain classes of employed persons. Comments : This Act covers various rules regarding payment of wages like date of payment, place of payment, mode of payment, verification by principle employer and records thereof. It also describes eligible deduction from wages and related procedures.
Applicability of Acts
The Minimum Wages Act
Applicability : Every Factory Scope : An Act to provide for fixing minimum rates of wages in certain employments. Comments : This Act covers rules & regulations regarding minimum wages applicable to nature of industry which is decided based on process carried out. It also covers the index for Dearness Allowance and HRA rules.
Applicability of Acts
The Contract Labour (Regulation & Abolition) Act
Applicability : Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities, to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen. Scope : An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. Comments : The principle employer and the contractor should obtain a permission by applying for registration to The Competent Authority.
Applicability of Acts
The Payment of Bonus Act
Applicability : Every factory & every other establishment in which twenty or more persons are employed on any day during an accounting year. Scope : An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. Comments : Every factory or establishment completed 5 years or the year in which it earns profits whichever is earlier, this Act is applicable then onwards. Registers to be maintained and Returns to be submitted on applicability of this Act.
Applicability of Acts
The Employment Exchanges (Compulsory Notification of Vacancies) Act
Applicability : Every establishment employing twenty five or more persons. Scope : An Act to provide for compulsory notification of vacancies to Employment Exchanges. Comments : Needs to comply by notifying vacancies every quarter and to submit the returns quarterly as well as biannually.
Applicability of Acts
The Provident Fund Act
Applicability : Every establishment which is a factory specified in Schedule I and where twenty or more persons are employed. Scope : An Act to provide for the institution of Provident Funds for employees in factories and other establishments Comments : Registration under the Act is mandatory for all. Principle employer is responsible for deductions and remittance of PF contributions under this Act even for contract employees also. Monthly, yearly returns are required to be submitted in the prescribed format.
Applicability of Acts
The Profession Tax Act
Applicability : Every Factory / Establishment Comments : Registration under the Act is mandatory for all. Principle employer is responsible for deductions and remittance of Profession Tax under this Act even for contract employees also. Monthly, yearly returns are required to be submitted in the prescribed format.
Applicability of Acts
The Workmens Compensation Act
Applicability : Every Factory Scope : An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. Comments : The Act speaks about the compensation payable in case of disablement due to occupational hazards. ESI can be substituted by having insurance policy under the Act to take care of compensation payable, if any.
Applicability of Acts
The Maternity Benefit Act
Applicability : Every shop & establishment in which ten or more persons are employed on any day of the preceding twelve months or where Employees State Insurance Act is applicable for the time being. Scope : An Act to regulate employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefits and certain other benefits. Comments : This act describes maternity benefits to the working women in certain establishments.
Applicability of Acts
The Industrial Employment (Standing Orders) Act
Applicability : Every industrial establishment wherein fifty or more workmen are employed on any day of preceding twelve months. Scope : An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments. Comments : This Act regulates basic terms and conditions of employment. The employer can get its rules and regulations certified from the competent authority or The Model Standing Orders described in the Act gets applied to the establishment.
Applicability of Acts
The Bombay Labour Welfare Fund Act
Applicability : Applies to every factory within the meaning of Factories Act, 1948, every establishment within the meaning of Shop & Establishment Act, 1948, branches / Depts. situated in the same premises or different places thereof. Scope : An Act to provide Constitution of a fund for the financing of activities to promote welfare of labour in the state of Maharashtra Comments : The employer has to deduct the amount specified every six month from the eligible employees salary / wages and remit the same to the Welfare Fund. The amount collected is used for the welfare of labours by various means.
Applicability of Acts
The Payment of Gratuity Act
Applicability : Every factory, every shop & establishment in which ten or more persons are employed, or were employed on any day of the preceding twelve months. Scope : An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops and other establishments and for matters connected therewith or incidental thereto. Comments : Every employee who has completed his 4 years and 240 days uninterrupted continuous service is eligible to get benefits under this Act. While calculating the refund to the employee the basic pay is to be divided by 26 days and the employee gets 15 days of basic pay for every completed year.
Applicability of Acts
The Bombay Shops and Establishment Act
Applicability : Every Shop and Establishment which is not a Factory under The Factories Act. Scope : An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places, public amusement or entertainment and other establishments. Comments : This Act covers every shop and establishments which is not a factory and regulates the conditions of employment. The employer has to obtain a license from the authority under the Act and renew it regularly before the expiry.
Applicability of Acts
The Industrial Disputes Act
Applicability : Every factory Scope : An Act to make provisions for the investigation and settlement of industrial disputes and for certain other purpose Comments : The act describes the meaning, legality and rules regarding Strike, Lock-out, Lay-off and Retrenchment. It also describes the procedure of making complaints to the competent authority and the settlement thereof.
Applicability of Acts
The Water (Prevention & Control of Pollution) Act
Applicability : Every factory Scope : An Act to provide for prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out of the purposes aforesaid, of Boards for the prevention and Control of Water Pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. Comments : This act covers all rules and regulations related to prevention of Water and Air pollution and control thereto. Every employer has to obtain a license to establish / operate from the MPCM Board.
Applicability of Acts
The Employees State Insurance Act
Applicability : Every factory & establishment (for employees drawing wages less than Rs. 7,500/-) Scope : An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Comments : This act covers all rules and regulations related to employee safety & health issues.
Form No. II
Inspection Book Abstract Annual Return Attendance cum Wage slip or Wage Card I 3
To maintain always To display always To submit every year before 15th February To maintain always
Form No. A B C D
When to comply To maintain To maintain To maintain To submit every year before 30 days from the date of payment of bonus To maintain To maintain
Set on and Set Off Register Payment of Bonus register Annual Return Inspection Book Unclaimed Bonus register
Form No.
When to comply
15 days before interview / test 60 days before interview / test ER-I ER-II Within 30 days from the completion of quarter. Once in a two years on a date to be specified in the official Gazette
When to comply On becoming the member of EPF scheme Yearly submission before 30th April To submit before 15th of every month Once Yearly submission before 30th April As and when there is change in the nomination of the employee To submit before 15th of every month To submit before 25th of every month As and when employee joins other company On leaving of service of a member To submit before 15th of every month To maintain always
Contribution Card Return of employee qualifying to become member of the fund for the first time Return of Ownership to be sent to the Regional State Commissioner Consolidated annual contribution statement Cancellation / Change of Nomination Return of members leaving service Statement of contribution for the month Transfer of EPF account Application of withdrawal of EPF Challan (No.s 1, 2, 10, 21, 22) Inspection Book
Form No. A G EE
When to comply At the time of depositing the compensation in respect to death To be made by dependents At the time of occurrence of fatal accident
Form No.
Annual Return
11
When to comply To maintain always As and when required As and when required
Form No. B
Consolidated register of unclaimed Wages & Fines Statement of Employees and Employers contribution Abstract under the Act
C A-1
To maintain always Half yearly by 15th July and 15th January To display always
Form No. A B C
When to comply Within 30 days of rules becoming applicable Within 30 days of any such change Atleast 60 days before the intended closure To display always
Notice of change in Name, Address, Employer, Nature of Business Notice of closure Display of Notice specifying the name and designation of authorised officer to receive the notices Notification of family in relation to an employee Nominations Notice of payment of gratuity Abstract under the Act Compulsory Insurance
D F L
As and when required Within 30 days of completion of 1 year of service Within 15 days of the receipt of the application To display always To obtain an insurance for the liability for payment towards the gratuity
When to comply Within 30 days from the date of commencement 15 days before the expiry of registration To display always Within 15 days after the expiry of the quarter Within 30 days after the change has taken place. To maintain always To maintain always To maintain always To display always
Application for renewal of registration Registration Certificate Notice of change in respect of change on no. of employees Notice of change in respect of any other change Register of recording lime washing, color washing Register of employment Register of leave Name of board in Marathi Ascertainment of age of employee Inspectors Visit Book List of Weekly offs and Paid Holidays
When to comply Before intending to effect any change in the conditions of service applicable to any workman.
When to comply Before establishing or taking any steps for establishment of industry / operation / process / or any treatment / disposal system for discharge, continuation of discharge. Before ending the period of the existing consent
Renewal of consent to establish / operate Return under Cess Rules showing the quantity of water consumed in the previous month 1
Form No. 01 1 3 1A 1B 6
When to comply Before 15 days of applicability of the Act To get filled up from all employees on the date of joining Within 10 days from the date of filling up of form Within 10 days from the date of filling up of form To be filled in by employee and employer to forward it within 10 days Within 42 days of the termination of the contribution period to which it relates Monthly to submit in Bank
Declaration form Declaration form to be sent to appropriate office Registration of families Change in family declaration Return of contributions to be send in triplicate Challans of contributions Register of employees Accident Book Accident Report Inspection Book
7 15 16
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Labour Laws
Authorities under various Labour Laws
1.The Factories Act. 2.The Minimum Wages Act. 3.The Payment of Wages Act. 4.The payment of Bonus Act. 5.The Contract labour Act. 6.The Pollution Control Act. 7.The E.S.I.Act. 8.The Employment Exchange Act. 9.The Bombay Labour Welfare Act. 10.The Shops & Establishment Act. 11.The Workmens Compensation Act. 12.The Provident Fund Act.
Joint Director Industrial Safety & Health Joint Commissioner of Labour. Joint Commissioner of Labour. Joint Commissioner of Labour. Joint Commissioner of labour. The Sub Regional Officer, MPCB. The Sub Regional Officer ESIC. The Sub Regional Officer. The Labour Welfare Officer. The Assistant Commissioner. Joint Director Industrial Safety & Health. Commissioner Provident Fund.
Drafts
Warning Letter for absenteeism Charge Sheet cum Notice of Enquiry for absenteeism Notice for Illegal Strike