LABOUR
LAW COMPLIANCES
·
Appointment
of Welfare Officer under Factories Act, 1948 is compulsory
where 500 employees are employed.
·
Crèche
is mandatory under the Factories Act where 30 women workers are
employed
·
A
canteen for use of workers providing subsidized food is statutory under the
Factories Act where 250 workers are employed.
·
Under
Factories Act, appointment of a Safety Officer is mandatory where the no. of
employees exceeds 1000
·
Under
Plantation Labour Act, 1951 a Welfare Officer is required to be appointed where
the no. of workers is 300
·
Under
Plantation Labour Act, crèche is to be set up where 50 women workers are
employed or the no. of children of women workers exceeds 20
·
Under
Plantation Labour Act, canteen is compulsory where 150workers are working
·
An
adult worker under the Factories Act is eligible for leave with wages
@ 1 day for every 20days worked during the preceding year
·
Under
the Factories Act no worker is permitted to work for more
than 9 hours in a day
·
Under
the Factories Act, white washing of the factory building should be carried out
in every 14months
·
Repainting
or re varnishing under the Factories Act is required to be carried out in
every 5 years
·
Certification
of Standing Orders under the Industrial Employment (Standing Orders) Act, 1946
is mandatory where 100 workers are employed
·
In
order to be eligible for maternity benefit under the Maternity Benefit Act,
1961, a woman worker should have worked for not less than 80 days in
the 12 months immediately preceding the date of delivery
·
Under
the Maternity Benefit Act, a woman worker is eligible for 12weeks leave
with wages
·
In
case of miscarriage, a woman worker shall be allowed 6 weeks leave
with wages
·
Under
the Payment of Wages Act, 1936 payment of wages of establishments employing not
more than 1000 employees shall be paid within 7th day of the
wage month
·
Under
the Payment of Wages Act, payment of wages of establishments employing not less
than 1000 employees shall be paid within 10th day of the wage
month.
·
An
employee is eligible to get bonus under the Payment of Bonus Act, 1965 if he
had worked for not less than 30 days in the preceding year
·
An
employee whose salary does not exceed Rs.10000 is eligible for Bonus
under the Payment of Bonus Act.
·
The
statutory minimum bonus is8.33%
·
Maximum
bonus under the Payment of Bonus Act is 20%
·
In
order to be eligible for Gratuity under the Payment of Gratuity Act, 1972, an
employee should have a minimum continuous service of 5 years.
·
Under
the Payment of Gratuity Act, the rate of gratuity is 15 Days salary for
every completed year of service
·
A newspaper
employee is eligible for gratuity if he has 3 years continuous years
of service
·
Employees
who are drawing salary not more than 15000 are covered under the Employees
State Insurance Act, 1948.
·
Employees’
share of contribution under the ESI Act is 1.75%
·
The
employer’s share of contribution under the ESI Act is4.75%
·
Employees
who are getting a daily average wages up to Rs.70/- are exempted from
contributing employees’ share of ESI contribution.
·
Employees
Provident Fund and Miscellaneous Provisions Act, 1952 is applied to
establishments employing not less than 20 Employees
·
An
employee whose salary at the time of joining does not exceed15000 shall become
a member of the provident fund under the Act.
·
Employees’
share of provident fund contribution is 12%
·
Employer’s
share of contribution to the provident fund is 3.67%
·
Employer’s
contribution to Employees Pension Scheme is8.33%
·
Employer’s
contribution to Employees’ Deposit Linked Insurance is 0.5%
·
Prior
intimation to the appropriate Govt to lay off, retrench or close down an
establishment is required under the Industrial Disputes Act, 1947 where there
are 50 workers
·
Prior
permission from the appropriate Govt to lay off, retrench or close down an
establishment is required under the Industrial Disputes Act where there are 100
workers
·
Forming
of a Works Committee under the Industrial Disputes Act, is mandatory where the
no. employees is 100
·
Lay
off compensation is to be paid @ 50% of average wages
·
The
minimum no. of workers required to register a Trade Union under the Trade
Unions Act, 1926 is 10% or 100 whichever is less
·
Continuous
Service under major labour legislations means work of 240 days if
work is above the ground and 190 days if work is below the ground (
·
Equal
Remuneration Act, 1976prohibits discrimination in fixing salary to men and
women engaged in the work of similar nature
·
Subsistence
Allowance @ 75% shall be paid if suspension extends to a period beyond 90 days
·
The
wages under the Minimum Wages Act, 1948 shall include a basic rate
of wages and dearness allowance variable according to cost of
living (
·
Employees
State Insurance Act absolves the employer’s liability under the Maternity
Benefit Act and Workmen’s Compensation Act.
·
Any
amount due from an employer under settlement or award can be recovered
following the procedures laid down in section 33 (C) of the Industrial Disputes
Act.
The following
amendments and latest provisions related under Labour Laws.
1)
The
Factories Act -1948 : Lot of changes to be comes under such as in Welfare
Measures i.e. Canteen, Crèche etc., Appointment of Safety Officers etc., Do not
take any action against the employer by Police to FIR, If any accident takes
place leads to death etc.
2)
The
ESI Act - 1948 : 1.Wage ceiling for coverage of employees is up to
Rs.15,000/-per month. Conveyance Allowance is excluded under the part of
wage.3. Maintenance of Previous Records for Inspection up to 5 years only.
3)
The
EPF Act - 1952 :1.Under EDLI - The Benefit has been extended from Rs.1,00,000/-
to Rs.1,30,000/-
4)
The
Workmen Compensation Act - 1923 : Compensation under1. Death i.e. Minimum is
1,20,000, Maximum is
Rs.4,25,000/- 2. Permanent Disablement - Minimum - Rs.1,40,000, Maximum is 5,40,000/- 2. Computation for calculation of compensation on wages has been extended from Rs.4,000/- to Rs.8,000/-.3. The Act can be amended as Employees Compensation Act. 4. Casual Labour are also covered under the act as per latest amendment.
Rs.4,25,000/- 2. Permanent Disablement - Minimum - Rs.1,40,000, Maximum is 5,40,000/- 2. Computation for calculation of compensation on wages has been extended from Rs.4,000/- to Rs.8,000/-.3. The Act can be amended as Employees Compensation Act. 4. Casual Labour are also covered under the act as per latest amendment.
5)
The
Payment of Wages Act - 1936: Wages to be paid either through deposit in Bank or
by cheque.
6)
The
Payment of Bonus Act - 1965: Amendment has been proposed to extend wage ceiling
from Rs.10,000/- to Rs.15,000/- and also for computation of Bonus from
Rs.3,500/- to Rs.5,000/-.Minimum Bonus has also extended from 8.33% to 11%.
7)
The
Payment of Gratuity Act - 1972: Maximum Payment under Gratuity has been
extended from RS.3,50,000 to Rs.10,00,000/- 2. Compulsory Insurance coverage
for employees under Gratuity Act.
8)
The
Industrial Dispute Act - 1947: U/s 11a and impact of Sec2 a, any workmen will
directly approaches to Labour Court and Tribunal Directly without conciliation,
if they are discharged, dismissed, terminated from service.
9)
The
Contract Labour Act - 1970: Non Compliance under statutory provisions, contract
labour to be deemed as employees of the priniciple employer.
Compiled By:
Mr. Jaideep
Shining Star
Author Panel
For More Details & Regular Updates:
Download our Android App (Download, Like and Comment.)
https://play.google.com/store/apps/details?id=org.ShiningStarsAGroupofProfessionals
Visit us: www.shining-star.org
No comments:
Post a Comment