Industrial Laws

7/28/2019 Industrial Laws

1/41

PRESENTED BY

REMYASREE R.

1


2/41

TRADE UNION ACT OF 1926 Trade union act of 1926, provides for registration of trade unions

to enable participation of Trade Unions in collective bargaining.

"Trade Union" means any combination, whether temporary or

permanent, formed primarily for the purpose of regulating the

relations between workmen and employers or between workmen

and workmen, or between employers and employers, or for

imposing restrictive conditions on the conduct of any trade or

business

2


3/41

Registration of Trade Unions

Appointment of registrars

Government shall appoint a registrar for each state

Mode of Registration

Any 7 or more members of trade union can apply

Application for Registration

Every application shall be made to the registrar and shall be accompanied

with the rules of trade unions

It also consist of name, address of Trade Union and its members 3


4/41

Power to call for further particulars and alteration of name

Registration and its certificate

It should contain not less than 10% or one hundred of workmenat all times, which ever is less, subject to a minimum of seven.

Cancellation of trade union

Registered office

Rights and liabilities of a registered trade union

General funds

Criminal conspiracy in trade disputes

Immunity from civil suit in certain cases

Right to inspect book of trade unions Minority membership

Disqualification of office bears

Dissolution etc

4


5/41

PAYMENT OF WAGES ACT 1936

The objectives of the act are three fold:

to pay the wages to the employees

to pay the wages at proper time (ie. without any delay)

to prevent unauthorized deductions

Coverage of Employees Drawing average wage upto Rs.10000 pm as amended w.e.f.

27.10.07.

Time of payment of wages

The wages of every person employed is Paid,When less than 1000persons are employed shall be paid before the expiry of the 7th day of

the following month.When more than 1000 workers, before the expiry

of the 10th day of the following month(sec. 5)

5


6/41

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 employees banks(sec.6)

Deduction made from wages

Fines as prescribed by:

Not to imposed unless the employer is given an opportunity to show

cause

To record in the register

6


7/41

Deduction for absence from duties for unauthorized absence.

Absence for whole or any part of the dayIf ten or more persons

absent without reasonable cause, deduction of wages up to 8 days.

(sec.9)

Deduction for damage or loss

For default or negligence of an employee resulting into loss.

Show cause notice has to be given to the employee.(sec 10)

Deductions for service rendered

When accommodation amenity or service has been accepted by the

employee.(Sec.11)

7


8/41

MINIMUM WAGES ACT, 1948

OBJECT: For fixing minimum rates of wages in certain employmentsand periodical revision of fixed wages.

APPLICABILITY: It extends to the whole of India and applies toscheduled employments in respect of which minimum rates of wages

have been fixed under this act.

SCHEDULED EMPLOYMENTS: An employment specified in the

schedule, or any process or branch of work forming part of such

employment (Section-2g)

8


9/41

FIXING OF MINIMUM RATES OF WAGES:

i. The appropriate government shall fix the minimum rates of wages

payable to employees employed in a scheduled employment.

ii. Review at such intervals not exceeding five years, the minimum

rates of wages so fixed and revise the minimum rates if necessary.

The minimum rates of wages may be fixed as a minimum time rate

or a minimum piece rate or as a guaranteed time rate (Section-3)

Payment should not be less than minimum rates of wages

9


10/41

Hours of work, overtime etc

The Act also provides for regulation or working hours, overtime, weekly

holidays and overtime wages

Claims under this act

Employee, Legal practitioners, Inspector

Authorities: Inspectors and Claim Authorities

PENALITY: Any employer who contravenes any of the provisions ofthis Act other than those relating to Section 12 and 13 of any rule or any

order made there under shall be punishable with fine, which may extend

to Rs.500.

10


11/41

EQUAL REMUNERATION ACT, 1976

An act to provide for the payment of equal remuneration to men

and women workers and for the prevention of discrimination, on

the ground of sex, against women in the matter of employment

and for matters connected therewith or incidental thereto.

Duty of employer to pay equal remuneration to men and women

workers for same work or work of a similar nature.

No discrimination to be made while recruiting men and women

workers 11


12/41

Advisory Committee

Every Advisory Committee shall consist of not less than ten

persons, to be nominated by the appropriate Government, of

which one-half shall be women.

The Advisory Committee shall regulate its own procedure.

The appropriate Government may, after considering the advice

tendered to it by the Advisory Committee and after giving to the

persons concerned in the establishment or employment an

opportunity to make representations, issue such directions in

respect of employment or women workers, as the appropriate

Government may think fit.

12


13/41

Government have power to appoint authorities for hearing and

deciding claims and complaints

Duty of employers to maintain registers

Inspectors can be appointed by govt.

Penalties

Employer shall be punishable with simple imprisonment for a

term which may extend to one month or with fine which may

extend to ten thousand rupees or with both

13


14/41

INDUSTRIAL EMPLOYMENT ACT, 1946

An Act require employers in industrial establishments formally to define

conditions of employment under them.

It was initially made applicable to only those industrial

units/undertakings/establishments wherein 100 or more workers were

employed on any day of the preceding 12 months

Submission of draft standing orders

Within six months from the date on which this Act becomes applicable to

an industrial establishment, the employer shall submit to the Certifying

Officer five copies of the draft standing orders proposed by him for

adoption in this industrial establishment.

14


15/41

Certification of standing orders

On receipt of the draft under Section3, the Certifying Officer shall

forward a copy thereof to the trade union

The employer and the trade union or such other representatives of the

workmen as may be prescribed an opportunity of being heard

The Certifying Officer shall decide whether or not any modification of or

addition to the draft submitted by the employer is necessary to render the

draft standing orders certifiable under this Act, and shall make an order in

writing accordingly

15


16/41


17/41


18/41

Settlement envisages two categories:

Settlement which is arrived at in the course of conciliation

proceedings

Agreement between employer and workmen arrived at otherwise than

the course of conciliation proceedings

Awards is defined as an interim or a final determination of any

industrial dispute or of any question relating there to, by any labour

court

A strike is defined as a concerted refusal, or a refusal, under a common

understanding, of any number of persons who are, or have been, so

employed to continue to work or accept employment

18


19/41

Authorities under this act:

Works committee

Conciliation offers

Boards of conciliation

Courts of inquiry

Labour courts

Tribunals

National Tribunals

Grievance redressal machinery

19


20/41

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

Applicability

All factories

Shop employing 20 or more persons

Such other Govt. specified establishments

ESI CORPORATION: It is a corporate body appointed by central

government for the administration of ESI in accordance with the

provisions of the act

EMPLOYEES STATE INSURANCE ACT,1948

20


21/41

ACT AUTHORISATION

1. To Promote and measure for health and welfare of Insured Employees

(IE)

2. Intervene for the rehabilitation and re-employment for disabled / injured

3. To appoint inspectors for purpose of the act

4. To determine the amount of contribution and relevant verification

21


22/41

Benefits available to insured employee

Sickness benefit

Maternity benefit

Disablement benefit

Dependents benefit

Medical benefit

Funeral expenses

The employer is however to pay employers share of 4.75% of the salary

received by the employee.

The State Govt. bears one-eight share of expenditure on medical benefits

with in the per capita ceiling of Rs.1200/- per I.P. family per annum

22


23/41

Workmens Compensation Act 1923

Object: Is that in the case of an employment injury, compensation be

provided to the injured workman and in the cased of his death, to his

dependents

Scope and coverage: The Act extends to the whole of India. It applies

to workmen employed in factories, mines, plantations, transport

establishments, construction work, railways, ships, circuses, & other

hazardous occupations & employments specified in Schedule II to the

Act. The coverage of this act is also to cooks employed in hotels and

restaurants. The Act does not apply to members of Armed Forces of the

Union & workmen who are covered by the ESI Act, 1948.3

23


24/41

Employer to pay compensation: In the case of personal injury is

caused to a workman during the course of his employment, his

employer is liable to pay compensation in accordance with the

provision of the Act within 30 days from the date it is due.

When employer is not liable: When the injury is caused due to

influence of drink or drug taken by the workman or his disobedience to

observe safety rules.

Amount of Compensation:

In the case of death, it is 50% or Rs.80,000

In the case of permanent total disablement, it is 60% or Rs. 90,000

In the case of permanent partial disablement, it is proportionate to

the disability 24


25/41

Notice: An injured person or his dependents have to give a notice to

the employer to pay compensation

Claim: Upon the failure or refusal of an employer to pay

compensation, an application is made to the commissioner under the

workmens compensation act 1923

Contracting out: Any contract or agreement whereby an injured person

or his dependent relinquishes or reduce his right to receive

compensation is null and void to that extent

25


26/41

EMPLOYEE PROVIDENT FUNDS & MISCELLANEOUS

PROVISION ACT 1952

The Act was enacted with the main objective of making some

provisions for the future of industrial workers after their retirement

and for their dependents in case of death

It provides insurance to workers and their dependents against risks

of old age, retirement, discharge, retrenchment or death of the

workers

It is applicable to every establishment which is engaged in any one

or more of the industries specified in Schedule I of the Act or any

activity notified by Central Government in the Official Gazette and

employing 20 or more persons. 26


27/41

This act is administrated by the government of India through the

employees provident fund organisation (EPFO)

Various schemes provided under the act

i) The Employees Provident Fund Scheme.

ii) The Employees Pension Scheme.

iii) Employees Deposit linked Insurance Scheme.

iv) The Employees Provident Fund Scheme

Section 5 of the Act authorised the Central Government to frame

employees provident fund scheme for the establishment of provident

fund under this Act.

27


28/41

It extend to the whole of India except the state of Jammu and

Kashmir.

Penalty

Whoever, for the purpose of avoiding any payment to be made by

himself under this Act 8[ , the Scheme 9] ,[ the Family Pension

Scheme or the Insurance Scheme]] or of enabling any other person

to avoid such payment, knowingly makes or causes to be made

any false statement or false representation shall be punishable with

imprisonment for a term which may extend to 10[ one year, or

with fine of five thousand rupees, or with both.]

28


29/41

PAYMENT OF GRATUITY ACT, 1972

Act to provide the payment of gratuity to employees engaged in

factories, mines, oilfields, plantations, ports, railway companies, shops

or other establishment.

Amount of gratuity:

For every completed year of service or part thereof in excess of

six months, the employer shall pay gratuity to an employee at the rate

of fifteen days wages based on the rate of wages last drawn by the

employee concerned.

29


30/41

Application of the Act

Every factory, mine, oilfield, plantation, port and railway

company.

Every shop or establishment within the meaning of any law in

which ten or more persons are employed, or were employed, on

any day of the preceding twelve months

Such other establishments or class of establishments, in which ten

or more employees are employed, or were employed, on any day

of the preceding twelve months, as the Central Government may,

by notification, specify in this behalf.

30


31/41

Eligibility

During the termination

Superannuation

Retirement or resignation

Death or disablement due to accident or disease

31


32/41

MATERNITY BENEFIT ACT, 1961

Act to regulate the employment of women in certain

establishment for certain period before and after child birth and to

provide for maternity benefit and certain other benefits.

The act extends to whole of India. It is applicable to mines,

factories, circus industry, plantations, shops and establishments

employing 10 or more persons except employees covered under

the Employees State Insurance Act 1948.

32


33/41

ELIGIBILITY

Every pregnant women working in any establishment are eligible,

provided they are served in the establishment for at least 80 days

in the last 12 months.

Eligible for 12 weeks maternity benefit of which not more thansix weeks shall precede the date of her expected delivery.

Maternity benefit is paid at the rate of the average daily wage for

the period of her actual absence.

33


34/41

Benefits under the act

Leave with average pay for 6 weeks before and after the delivery.

Can take the pay for first 6 weeks before the start of maternity

leave.

Will get the pay for 6 weeks after child birth within 48 hours ofrequest.

Additional leave with pay of 1 month if submitted the proof of

illness.

A medical bonus of Rs.1000 if the employer is not providing free

medical care.

34


35/41

CHILD LABOUR(PROHIBITION AND

REGULATION) ACT

To prohibit the engagement of children in certain

employments and to regulate the conditions of work

or children in certain other employments.

The act is applicable to the whole of India.

35


36/41

Children are not allowed to work in some areas like:

Transport of passengers, goods

Cinder picking, clearing of an ash pit or building operation

Work relating to selling of crackers and fireworks in shops

Automobile workshops and garages

Handling of taxies or inflammable substance or explosives

Handlooms and power loom industry

Mines

Plastic units and Fiber glass workship

36


37/41

Hours and period of work

No child shall be required or permitted to work in any establishment in

excess of number of hours prescribed. In Kerala the working hours in

limited to four and half hours in a day.

No child shall be permitted or required to work between 7 P.m. and 8

a.m.

Every child shall be allowed in each week a holiday of one whole day

37


38/41

Kerala Shops and Commercial Establishment Act

1960

Object: To provide for the welfare of the employees employed in the

shops and commercial establishments and to regulate the conditions of

their work and employment.

Applicability: It extends to the whole state of Kerala and applies to all

shops and commercial establishments defined under the act.

Registration of the establishment: The employer of every shops and

commercial establishments shall apply for registration in form B-I Renewal of Registration: Every employer shall renew the registration

every year atleast 30 days before expiry for the previous year

38


39/41

Closing of shops: Every shop shall remain entirely closed on one day

of the week and a notice shall be permanently exhibited in the shop

specifying the day of closure

Hours of Work:

No employee in any establishment shall be required to work for

more than 8 hrs in any day and 48 hrs in any week

The number of hours which including overtime shall not exceed ten

hours in any day except on stock taking etc. and the total number of

hours of overtime shall not exceed 50 for any quarter

Weekly Holidays: Every person employed in shops or commercial

establishments shall be allowed in each week a holiday of one whole

day 39


40/41

Leave: Employees in eligible for leave in lieu of

Annual leave of 12 days to employees who have completed 12

months of continuous service

Leave with wages not exceeding twelve days on the ground of any

sickness or accident caused by him

Casual leave with wages not exceeding twelve days Six days special casual leave for sterilization operation in the case of

male employees and 14 days in the case of female employees

Dismissal: No employee shall be dismissed except on a reasonablecause and subject to Section-18 of the Act

40


41/41

Documents

Industrial Laws