Acts & Regulations

7/28/2019 Acts & Regulations

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Salient Features of the Acts



The Trade Unions Act, 1926 • The Act provides that any seven or more members of a trade

union apply for the registration of Trade Union under this Act

• The Act also contains certain restrictions, protections andprivileges to registered Trade Union.

• no trade union of workmen shall be registered unless atleast 10%or 100 workmen whichever is less, engaged or employed in the

establishment or industry with which it is connected are themembers of such trade union on the date of making applicationfor registration.

• Labour Commissioner is the Registrar of trade unions

• Registered trade unions are required to submit annual returns tothe Registrar for every preceding calendar year showing thedetails about union, such as their membership and annualreceipts



Factories Act,1948• Enacted for occupational safety, health and

welfare of workers at work places.

• This legislation is being enforced by technicalofficers i.e. Inspectors of Factories,

• The industries in which ten (10) or more than ten

workers are employed on any day of thepreceding twelve months and are engaged inmanufacturing process being carried out with theaid of power or twenty or more than twentyworkers are employed in manufacturing processbeing carried out without the aid of power, are

covered under the provisions of this Act.



Factories Act,1948

I.Regulates the working conditions of labour

II. Ensure basic minimum requirements for the Health, Safety,

Welfare facilities

III. Working hours

IV. Employment of young persons

V. Annual Leave with wages etc.



Factories Act,1948

• Penalties:-This Act provides for a maximum punishment up

to two years and or a fine up to Rs. one lakh or both.



Workmen's Compensation Act, 1923

• Payment of compensation for injuries suffered by a

workman in the course of and arising out of hisemployment according to the nature of injuries

suffered and disability incurred, where death results

from the injury, the amount of compensation is payable

to the dependants of the workmen.



Workmen's Compensation Act, 1923

• Where an employer is in default in paying the

compensation due under this Act, within one month fromthe date it fell due, the Commissioner shall

• a) Direct that the employer in addition to the amount of arrears, pay simple interest there on at the rate of 12% per

annum or on such higher rates.

• b) Commissioner has the power under the Act to imposepenalty and the interest on the cleared amount as per theprovision of the act.



Payment of Bonus• Imposes statutory liability upon the employers of every

establishment covered under the Act to pay bonus to

their employees.• It further provides for payment of minimum and

maximum bonus and linking the payment of bonus with

the production and productivity.

• The Act applies to every factory where 10 or more

workers are working and every other establishment inwhich 20 or more persons are employed, on any day

during an accounting year.



Payment of Bonus• The Act places an obligation on every employer covered

under the Act to prepare and maintain certain registers,

records and other documents as provided under the Rules.

• The punishment provided for contravention of anyprovisions of the Act or any rule made there under isimprisonment for a term, which may extend for six monthsor with fine, which may extend to Rs. 1000/- or with both.



The Payment Of Wages Act, 1936

• This Act has been enacted with the intention of ensuring

timely payment of wages to the workers and for paymentof wages without unauthorized deductions.

• (ii) The salary in factories/establishments employingless than 1000 workers is required to be paid by 7th of every month and in other cases by 10th day of everymonth.

• (iii) A worker, who either has not been paid wages intime or an unauthorized deductions have been madefrom his/her wages, can file a Claim.



• This act provides for fixing minimum rates of wages in

certain employment

• The penalty for violation of is fine of R.500/- or

imprisonment upto a period of six months or both

The Payment Of Wages Act, 1936



INDUSTRIAL DISPUTE ACT. 1947

• It is an act to make provision for the investigation andsettlement of industrial disputes and for certain other purposes.

• It provides for a special machinery of conciliationofficers, work committees, court of inquiry, Labour courts, Industrial Tribunals and national Tribunals,defining their powers, functions and duties and also theprocedure to be followed by them.

• It also enumerates the contingenies when a strike or lock-out can be lawfully resorted to, when they can bedeclared illegal or unlawful, conditions for laying off,retrenching discharging or dismissing a workman,

circumstances under which an industrial can be closeddown and several other matters related to industrialemployees and employers.



The Payment of Gratuity Act, 1972

• The Act provides for payment of gratuity at the rate of 15

days wages for each completed year of service subject to amaximum of Rs. two lakh. In the case of seasonal

establishment, gratuity is payable at the rate of seven days

wages for each season.

• It is applicable, to factories, mines, oil fields, plantations,ports, railways, motor transport undertakings, companies,

and to shops and other establishments, Employing 10 or

more workmen.

Documents

Acts & Regulations