THE PAYMENT OF WAGES ACT

1936
1. PROVISION OF PAYMENT OF
WAGES OF RELATING TO
REDUCTION
 1, Deduction for fine [sec 8]

 A, list of act
 B, Notice

 C, Sharing cause

 D, Amount not to exceed 3% of wages

 E, No fine for below 15 Years

 F, On the day of act

 G, Recovered within 60 days

 H, Recorded
2, ABSENT FROM DUTY: [sec 9]
a, Without giving notice, 8days wages out

3, DEDUCTIONS FOR DAMAGE OR LOSS [sec 10]

4, DEDUCTION SERVICE RENDERED [sec 11]

a, house

5, DEDUCTION FOR RECOVERY OF ADVANCE [sec 12]

a, LIC
b, Loan
c, post office deposit
2. POWER OF ISPECTORS

 A ,Local limit
 B, Examination and inquiry

 C, Enter any premises

 D, Supervise the payment of wages

 E, Production of register

 F, Take copies of register

3. CLAIM AND PROCEDURE
 A, presiding officer of labourer court
 B, Commission of works man compensation act

 C, Judge

 D, Application

 E, Reason

 F, Procedure
4. PENALTIES AND PROCEDURE

 A, Wrongful deduction Rs.500/-

 B, Failure to maintain record Rs. 500/-

 C, obstruct inspector Rs. 500/-

 D, Payment delay Rs. 50/-

MINIMUM WAGE ACT 1948
1, OBJECTIVE:
To secure the welfare of the worker in
competitive market by fixing minimum rate of wages in
certain employment .
2. DEFINITION
 A,COST OF LIVING INDEX Sec 2(d)
Index is ascertained and declared by the
competent authority by notification in the official
/gazzette / to the cost of living index application to the
employees in any employment..
 B, EMPLOYER Sec 2(e)
- Owner

- Contractor

- Supervisor

- Authority
C, MINIMUM WAGES:
It is lowest limited or the flow below which no
worker should be paid

3. APPLICATION:
In all sates
MIMIMUM WAGES ACT SEC 3
1,FIXATION AND REVISION OF
MINIMUM WAGES ACT –SEC 3

 Appropriated govt. will fix minimum

 Wage rate by notification in official gatzette

 Fix any specified class if 1000 workers or more.

 Review of interval once in 5 years

2. PROCDURE
- Appoint committee and sub-committee
- Notification given asked for any proposals
- Advisory board consist of equal no. of workers
- Employers and independent person not more than 1/3
and one chairman.
- Central advisory board
3. MAINTAINENCE OF REGISTERS
AND RECORDS
 Employers name
 Nature of work

 Wages period

 Receipt
4. INSPECTIORS
Same as factories act

5. WHO MAY APPLY

LC, C, WCA, Jude of civil court
6, WHO MAY APPLY
 Worker
 Legal represent

 T.v official

 Inspectors

 Any other

7, OFFERCES AND PUNISHMENT:

less payment 6 months jail/ Rs. 500/-
INDUSTRIAL DISPUTE ACT 1947
1. OBJECTIVE
 A, To encourage collective bargaining.
 B, To maintain industrial peace.

 C, To promote good relation lay off and retrenchment .

 D, To promote good relation.

 E, To promote settlement of ID.

 F, adjudication of ID.

 G, prevent unfair labour practice.

 H, provide payment of wages.

2. INDUSTRIAL DISPUTE SEC 2(K)
A, Employer and employees

B, worker and worker

C, Worker and employer

3. DEFINITIONS
 A, Average pay
 B, Award

 C, Closure

 D, Layoff

 E, Lock out

 F, Strike which is connected with the employer in term

of or condition of labour.
 G, Retrechment
A, AVERAGE :
compensation given to worker

B,AWARD:
Sec 2(d) it is find determination of labour court or industrial tribunal

C, CLOSURE:
Permanently closing down of the place of employment.

D, LAY OFF 2(kkk):

Failure or inability of employer to give employment

E, LOCKOUT:
Temporary closing of a place of emt. By the emr.
F, STRIKE:
Sec 2(2) seization which is connected with the employer or term of employer or in terms of emplioyee refuce to do work.
RETRENCHMENT
Sec(0,0) it is termination of the service of the
worker by the employer is called retrenchment it does
not include VRS and retirement.
INDUSTRIAL DISPUTE ACT 1947
(AUTHORITIES UNDER THIS ACT OR
SETTELMENT OR REMEDIES MACHINERY
AVAILABLE UNDER THIS ACT.)
1. WORKS COMMITTEE SEC(3)
 CONSTITUTION:
equal rap of worker and employers
• Function:

a, to promote good IR
b, to settle any disputes
c, day to day activities
2.CONCILITATION OFFICER SEC(4)
 appointed by govt. for a specified areas.

 DUTIES:
 A, Mediating

 B, Conciliation proceeding

 C, Investigate

 D, Send to govt.

 E, If solution arrived send within 14 days.

3.BOARD OF CANCILATION
 1 CHAIRMAN , 2 OR MORE MEMBERS

 DUTIES
 Settlement of dispute

 If not send the report with 2 months

4. COURT OF INQUIRY
• Govt. will appoint and chairman 2 or more members.

*Duties:
• within 6 months send the report to govt.

5, LABOUR COURT:
6, INDUSTRIAL TRIBUNAL
7, NATIONAL TRIBUNAL
6.INDUSTRIAL TRIBUNAL SEC
7A
 CONSTITUTION:
One person appointed by govt.
QUALIFICATION:
Judge of HC, judge of district court.
DUTIES:
Adjudication matters
1 or 3 schedules
1, wages matters
2, leave
3, hours of work
4, bonus
5,retrenchment
 Disqualification of presiding officer, judge of labour court,
industrial tribunal, national tribunal
 He is not independent person

 He has attained age of 65 yrs.

7, NATIONAL TRIBUNAL SEC 7B

CONSTITUTION: One person appointed by central govt.
DUTIES: Dispute concerned in national interest.
DIFFERENT BETWEEN RETRENCHMENT AND
CLOSURES

RETRENCHMENT CLOSURE

 Terminated by employer  Closing down of business

 Surplus labour also or trade
reason  Total loss

 Trade is not distorted  Disturbed

DIFFERENT BETWEEEN STRIKE AND
LOCKOUT
STRIKE LOCK OUT

 Sec 2(q)  Sec 2(L)

 Refusal to do job  Temporary closing of

 Legal strike – payment factory by employees

should be given  Payment need not be
given
WORKMEN
COMPENSATION ACT
(1923)
 1,OBJECT:
A, It is social security of workers

B, To provide payment of compensation by certain classes of

employee
to their workers for injury by accident.

• 2,DEFINITION:
• A, Dependent
• B, Employer
• C, Wages
 3,PARTIAL DISABLEMENT U/S 2(1)(G):
 To reduce earning capacity

 Upper limps finger

 Left hand

 Lower limps

 4, TOTAL DISABLEMENT
 Permanent loss of eye

 Any other injury

 5, EMPLOYER LIABILITY TO GIVEN
COMPENSATION EMPLOYEED LIABILITY
 some personal injury caused by accident
 During out of cause of employment
 Injury result death or partial disablement

 6,EMPLOYER NOT LIABLE TO GIVEN

COMPENSATION:
 Partial disablement exceeding 3 days
 Accident caused by liquor
 Willfully obeying the rules
 Usefully removing safe guard/ device
 1, WHO CAN PAY COMPENSATION ?
 Body corporate

 MD

 Legal representation

 Contractor

 2, OUT OF COURES
 A, Railway worker crossing track

 B, Death due to earthquake

3,DISEASE CAUSED BY OCCUPATION WORKERS:
 Employed the certain occupation may get diseased in particular
employment

 4,Amount:
 Nature of injury

 Monthly wages

 Relevant factor and age

PAYMENT OF GRATAITY ACT
1972
 1, OBJECT:
 A. To provide retirement benefit to workers

 B. It is secured for long and service

 C. It is competency, statuary benefit

 2,APPLICATION:
 A, All factory

 B, Shops, establishment, where10 or more employed

 C, other est. by central govt.

 3,Entitlement:
 a, 5 years service rendered

 b, Supper annotation(govt. Compulsory 65-67)

 C, Retirement / Resignation

 d, Death / disablement

 e, Termination of service
 4, AMOUNT / CALCULATIONS:
 Non –seasonal est.=15 days wages X no. of completed
 Seasonal est. =7 days wages X no. of completed

 Maximum not to exceed Rs. 3,50,000

 5, ADMINISTRATION AUTHORITY
 Central govt.

 State govt.

 Inspectors

 6, DEDUCTIONS:
 Permitted if workers will fully omission or negligence

 Any damage / loss

 7, FORFEITURE
 Wholly /party if termination by misconduct or act of violence.

 8,NOMINATION
 After completion of 11 month of service.

 9,MODE OF PAYMENT
 DD
 Cash
 Cheque
 Mee if<1000

 10,TIME LIMIT
 Within 30 days or 10% interest per annum

 11,RIGHT OF EMPLOYEES
 To make certain deduction
 To for future of amount
 To refer to controlling authority
 To appeal against order of court
 To appellate authority within 60 days
 12,RIGHT OF WORKER
 Nomination

 Claim the amount

 Apply to control authority to recover money

 3 and 4 same as above

13,OFFERCES AND PENALITIES
OFFERCES PUNISHMENT

 Failure to make payment  Rs:10,000

 Making false state  6 month jail or 10,000

 Non-payment of gratuity  4 month to 2yrs jail or

10,000-20,000
THE PAYMENT OF BONUS ACT
1965
• 1,MEANING:
• a, extra payment to the worker beyond normal wages
• b, shares in surplus

• 2,OBJECT:
• To impose liability to a employer
• To provide min and max bonus
• Payment of bonus in prescribed formula
 3, APPLICATION:
 All factory

 Establishment more than 20 worker

 4,DEFINITION:
 a, accounting year

 b, available
 5,MAX. AND MIN AMOUNT OF SURPLUS BONUS:
 min 8.35% of wages, max 20% of wages

 6,ELIGIBILITY / QUALIFIED:
 30 working days in account years

 7, NOT ELIGIBILE / DISQUALIFICATION:

a, fraud b, vidant behavior c, theft or miss presentation d,
temporary employees e, piece rate works f, workers employed
in construction work
 8, TIME LIMITED:
 Within 8 month of closing of a/c

 9,PRODUCTION:
 Limited bonus productivity

 10, OFFENCES AND PUNISHMENT

 6 month jail or Rs. 1000 fine both

 ALLOCABLE SURPLUS:

 It is worker share in the available surplus

 1, account yrs of 1st April to 31st march,

 2, AVAILABLE SURPLUS:

 Sec 5 it is respect of any accounting yr. is the gross profit after

deducing there from sum related
EMPLOYEES PROVIDENT FUND
ACT AND MISC PRAISIONE ACT
 1, MEANING:
 It is social security measures to induce employee to save
portion of their present earning.

 2,PURPOSE:
 To provide funds family pension and deposit linked insurance
schemes for employees

 3,APPLICATION:
 a, industry working 20 or more employees

 b, other establishment link state, central govt.

 4,CONTRIBUTION:
 10% employees

 10% employer

 5, AUTHORISED OFFICER
 Central p.f commissioner

 b, additional p.f commissioner

 c, deputy p.f commissioner

 d, regional p.f commissioner

EMPLOYEES PENTION SCHEME
1975
 1, PURPOSE:
 To provide pension to dependent self

 a, superannuation

 b, retirement

 c, permanent disablement

 d, window / widower’s pension

 e, children pension

 h, contribution 81/3 by employer

 EMPLOYEES DEPOSIT LINKED INSURANCE
SCHEME 1976
 PURPOSE:

 1,To provide life insurance benefit to employees

 2,contribution 1% by employer
 PENALTIES AND OFFENCE:

 False statement  1 yrs jail or Rs. 5000/-

 ADMINSTRATION FOR ALL:
 Central board trustees

 Executive committee

 State board
EMPLOYEES STATE
INSURANCE ACT 1948
 1,MEANING:
 Compulsory insurance against certain risk such as sickness,
maternity , disablement, injury.

 2,PURPOSE:
  social security

  to provide certain benefits

  benefit to dependent
 3,APPLICABLE:
  all state

 all factory

  when less than 350 workers

 4,CONTRIBUTION:
 5% employer
 2.25% worker
 5,ADMINISTRATION AUTHORITY:
 a, ESI corporation

 b, Standing committee

 c, Medical council

 d, Regional boards

 e, Inspectors
 6, BENEFITS:
 a, Sickness benefits

 b, Maternity benefits

 c, Dependent benefits

 d, Disablement benefits

 e, Medical benefits

 f, Funeral benefits
 7, ADJUDICATION:
 power to make order
 ESI court 

 power to recover damages

 8, PENALITIES:
 a, False statement 6 month jail or Rs. 2000/-

 b, Failure to make contribution 6 month-3yrs and 5000 – Rs

25,000/-
ESI CORPORATION
 TENURE: 4 YEARS

 POWER:
 Employment of necessary staff

 To promote, measure, improve health and welfare of

worker
 It can hold or sell the properties

 Do investment from time to time

 To raise loans with the permission of govt.

 They can appoint the inspectors

 DUTIES:
 Prepare the budget and submit to central govt.

 Maintain the current account

 Submit annual report to the govt.

 Once in 5yrs valuation of assets should be taken and the

report must be submitted to the govt.