PRACTICAL HANDBOOK FOR MAJOR COMPLIANCES UNDER LABOUR LAWS

BY SANTOSH BAGWE

C:santosh/personal/compliance under labour laws

COMPLIANCES UNDER LABOUR LAWS INDEX

Sr. No. 1 2 3 4 5 The Apprentices Act,1961 The Contract Labour (Regulation & Abolition) Act, 1970 The Employees Provident Fund & Miscellaneous Provisions Act, 1952 The Employees State Insurance Act, 1948 The Employment Exchanges (Compulsory notification of vacancies) Act, 1959 The Equal Remuneration Act, 1976 The Factories Act, 1948 The Indian Fatal Accidents Act, 1985 The Industrial Dispute Act, 1947 The Industrial Employment (Standing Orders) Act, 1946 The Maternity Benefit Act, 1961 The Minimum Wages Act, 1948 The Payment of Bonus Act, 1965 The Payment of Gratuity Act, 1972 The Payment of Wages Act, 1936 The Workmens Compensation Act, 1923 Particulars

6 7 8 9 10 11 12 13 14 15 16

C:santosh/personal/compliance under labour laws

APPROPRIATION OF LABOUR LAWS

Broadly Labour laws can be appropriated as under: 1) Labour laws related to welfare measures 2) Labour laws related to payroll 3) Labour laws related to administration 4) Labour laws related to social measures 5) Labour laws related to fire-fighting role of Personnel and HR Manager

C:santosh/personal/compliance under labour laws

Labour Laws relating to welfare measures

Sr. No. 1 2 3 4 5

Particulars The Employees Provident Fund & Miscellaneous Provisions Act, 1952 The Employees State Insurance Act, 1948 The Maternity Benefit Act, 1961 The Payment of Gratuity Act, 1972 The Workmens Compensation Act, 1923

Labour Laws relating to payroll

Sr. No. 1 2 3 4

Particulars The Equal Remuneration Act, 1976 The Minimum Wages Act, 1948 The Payment of Bonus Act, 1965 The Payment of Wages Act, 1936

Labour Laws relating to administration

Sr. No. 1 2 The Factories Act, 1948

Particulars

The Indian Fatal Accidents Act, 1985

C:santosh/personal/compliance under labour laws

Labour Laws relating to Social Measures

Sr. No. 1 2 3 The Apprentices Act,1961

Particulars

The Contract Labour (Regulation & Abolition) Act, 1970 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

Labour Laws relating to fire fighting role of Personnel and HR Manager

Sr. No. 1 2 The Industrial Dispute Act,

Particulars

The Industrial Employment (Standing Orders) Act, 1946

C:santosh/personal/compliance under labour laws

The Apprentices Act, 1961

Applicability: It is a statutory obligation of every industry/establishment having training facilities according to syllabus in a designated trade under the Apprentices Act, 1961 to train a number of apprentices according to ratio of the trade in their establishment. Major Compliance: 1) General Obligations: a) To provide the apprentice with training in his trade in accordance with Act and rules. b) To ensure that a qualified person is placed in charge of the training. c) To carry out obligation under the contract. 2) Registration of contract of apprenticeship: To send the apprenticeship advisor the contract of apprenticeship within 3 months of date on which it was signed. 3) Payment to apprentice: To pay to every apprentice during the period of apprenticeship such stipend at a rate prescribed under the Act. 4) Working hours for apprentice: a) Total number of hour: 42 to 48 hours per week. b) Trade apprentice undergoing basic training: 42 hours. c) Trade apprentice undergoing 2nd year: 42 to 45 hours. d) Trade apprentice undergoing 3rd and subsequent years: As per the workers in the trade in the same establishment. e) No trade apprentice shall be engaged between the hours of 10 p.m. to 5 p.m. without the permission of Apprenticeship Advisor. f) Graduate or technician apprentice: Normal hours of work of the dept. 5) Health, welfare and safety of apprentice: as per Factories Act. 6) Compensation for injury: as per Workmen Compensation Act. 7) Compensation for termination of apprenticeship: 6 months last drawn stipend by both parties Note: Apprentices advisors (Inspector) Labour Minister Sion Chunabbhati opp. Priyadarshani Bldg in Mumbai.

C:santosh/personal/compliance under labour laws

The Contract Labour (Regulation & Abolition) Act, 1970

Applicability: Applicable to: 1) every establishment in which 20 or more workmen are employed or were employed on any day of the preceding twelve months as contract labour. 2) every contractor who employs or who employed on any day of the preceding twelve months twenty or more workman. Not applicable to: Establishment which carry on work of a casual nature occasionally. Effect of non-registration: The principal employer cannot employ contract labour in establishment. Major Compliance: 1) It is obligatory on every contractor not to undertake or execute any work through contract labour without obtaining a valid licence from the licencing officer. 2) Obligation to provide certain amenities: A) Provision of canteens B) Rest Rooms C) Drinking water and other facilities like latrines and urinals D) First-aid facilities E) Creaches 3) It is obligatory on principal employer to see that wages of the workers are paid every month on a fixed date and time and on termination of their employment before the expiry of 2nd working day after termination. Maintenance of Records: Form No. XXIV Half yearly Return in duplicate within 30 days by contractor Register Particulars Form No. XII Register of Contractor - Maintained by Principal employer for each establishment Form No. XIII Maintained by Contractor for each establishment Form No. XIV Contractor to issue an employment card to each worker within 3 days of employment Form No. XV A service certificate in case of termination of wokman XVI-A muster roll, XVII-Register of wages, XX-deduction for damange, XXI Register of fines, XXII- Register of advances, XXIII-Register of overtime

C:santosh/personal/compliance under labour laws

Notes: Company has to register every year 1) In a year labour should not work above 240 workig days 2) Every 80 days employer should break labour service need to update every 80 days with the contractor 3) Contractor should pay minimum wages to the labour Documents require: 1) License with the contractor & registration of the company 2) Contractor PF no., ESIC no., Offices of Labour Laws in Mumbai: 1) Mumbai Labour office is at Tardeo AC Market 2) Thane Makhmali Talav 3) New Mumbai Khanda Colony - Panvel

C:santosh/personal/compliance under labour laws

The Employees Provident Fund & Miscellaneous Provisions Act,1952

Applicability: 1) Applicable to every establishment in which 20 or more persons are employed. 2) Every employee drawing wages and DA upto Rs.6500/- will be eligible to become a member. Main Compliance: 1) Declaration by person taking up employment in writing that whether or not he is a member of the fund and his account number, particulars of the last employer. 2) In case of contractor, it is the responsibility of the principal employer to ensure that provisions of this act are complied by Contractors. Payment to be made to PF authorities: Challan No. A/c No.1 A/c No.2 A/c No.10 A/c No.21 A/c No.21 Payment Particulars Employee and Employer Pf Due Admn and Inspection Charge 1.1 % of Salary Pension Fund Insurance Fund 0.5% of Basic + DA Insurance Fund Inspection and Admn Charge 0.01% Due Date 15th of month 15th of month 15th of month 15th of month 15th of month the Following the Following the Following the Following the Following

C:santosh/personal/compliance under labour laws

Submission of Returns:

Form No. Form 9 Form 2 Form 5 Form 10 Form 12 Form 3A Form 6A Form 5A Form 19 Form 13 Form 31 Settlement:

Particulars Details of employees on the 1st day of coverage Nomination Form Addition of members Deletion of members Detail of payments made A memberwise ledger cards posted monthly Abstract of Form 3A for the year Return of ownership Withdrawal of PF in case of retirement/resignation Transfer of PF Loan (minimum service 5yrs)

Due Date Within 1 month of coverage Immediately on joining the fund 15th of the Following month 15th of the Following month 21st of the Following month 31st May Each Year 31st May Each Year Once in the beginning

1) Settlement before completion of 10yrs Form 19 (PF withdrawal) Form 10c (Pension withdrawal) 2) Settlement after completion of 10yrs Form 19 & 10D 3) Death of the Employee Form 20 & 10D

C:santosh/personal/compliance under labour laws

Working Notes: PF contribution by Employer & Employee is 12% on the Basic & DA 6,500/- is a standard amount to calculate pension Salary (Basic + DA) Less than 6,500/6,500/More than 6,500/Employee - 12% PF A/c 12% 12% 12% Employer - 12% Provident Fund Pension 3.67% 8.33% 3.67% 8.33% (Salary x 12%) 8.33 % of 6,500 (8.33% of 6,500) Amt in Rupees Employer - 12% Provident Fund Pension 92 208 128 292 359 541 1,859 541

Examples: Salary (Basic + DA) 1. 2,500 2. 3,500 3. 7,500 4. 20,000

Employee - 12% PF A/c 300 420 900 2,400

1. Employee Contribution PF = 2,500 x 12% = 300 Employer Contribution PF = 2,500 x 3.67% = 92 Pension = 2,500 x 8.33% = 208 3. Employee Contribution PF = 7,500 x 12% = 900 Employer Contribution PF = (7,500 x 12%) = 900 541 = 359 Pension = 6,500 x 8.33% = 541

C:santosh/personal/compliance under labour laws

The Employees State Insurance Act, 1948

Applicability: 1) Applicable to every establishment in which 20 or more persons are employed. 2) Every employee drawing wages and DA upto Rs. 10,500/- will be eligible to become a member. 3) Monthly Challan 21st of the next month is the last date of submission Contribution 6.5% of Basic + DA 1.75% deduct from Employee Salary on Basic + DA 4.75% employer contribution

4) Half yearly return 6A 5) Company should inform within 48 hours to the Factory Inspector and ESIC inspector if any fatal accident (which can be result into death) If the person fail to inform it is being created as a death or murder against a Company

C:santosh/personal/compliance under labour laws

The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

Notification of vacancies to employment exchanges: Employer in every establishment in any sector before filing up any vacancy shall notify that vacancy to employment exchange. But Acts says about only notification and doesnt impose obligation on employer to recruit any person through the employment exchange. Act not applicable to: a) Agriculture Industry b) Domestic Service c) Duration is less than 3 months d) Unskilled office work e) Staff of Parliament, employment through UPSC or like agency f) Employment carries a remuneration less than Rs.60/- per month. Time limit for the notification of vacancies: a) Local employment exchange: 15 days before the date on which applicants will be interviewed. b) Central employment exchange: 4 weeks before the date on which applicants will be interviewed. Submission of returns: a) Quarterly Return: Form No. ER-1 within 30days of due dates. b) Biennial Return: Form No.ERIL within 30 days of due date as notified in the official gazette

C:santosh/personal/compliance under labour laws

The Equal Remuneration Act, 1976

Main Compliance: 1) No Employer shall pay to any worker at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of a similar nature. 2) No employer for complying above provision reduce the rate of remuneration. 3) No discrimination while recruitment against women except where the employment of women is prohibited or restricted under any law. Maintenance of Register: in form no. D relation to the workers employed.

C:santosh/personal/compliance under labour laws

The Indian Fatal Accidents Act, 1985

Object: To Provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. Main Provision: 1) In case of a death of a person by wrongful act, neglect or default, the party responsible shall be liable to an action or suit for damages. 2) Every such action or suit shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused. 3) Not more than one action or suit shall be brought in respect of same subject - matter of complaint.

C:santosh/personal/compliance under labour laws

The Industrial Employment (Standing Orders ) Act, 1946

Applicability: The Act applied to every industrial establishment which means: 1) Tramway or motor transport 2) Air transport other than for defense purpose 3) Dock-wharf or jetty 4) Inland vessel 5) Mine, quarry or oil fields 6) Plantation : a) A factory under Factories Act b) A Railway under Railways Act c) The establishment who for the purpose of fulfilling a contract with the owner of any industrial establishment employs workmen. Certification of standing order: 1) Within 6 months from the date of applicability, the employer shall submit to the Certifying Officer 5 copies of the draft standing orders proposed by him for adoption in his industrial establishment. 2) Such standing order should be in conformity with Model Standing Order. 3) Encl: A statement giving prescribed particulars of the workmen employed and the name of the trade union if any. Posing of Standing order: The certified standing order shall be prominently posted in English and in local language on special boards or near the entrance and in all departments where the workmen are employed. Payment of subsistence allowance: 1) If any workmen is suspended pending inquiry, the employer shall pay subsistence allowance to the workers at following rates: a) 1st 90 days: 50% b) 91 to 180 days: 75% c) After 180 days: 100%

C:santosh/personal/compliance under labour laws

The Maternity Benefit Act, 1961

Applicability: 1) To every establishment being a factory, mine or plantation including Govt. establishment and wherein person are employed for the exhibition of equestrian acrobatic and other performances. 2) To any establishment in which 10 or more persons are employed or were employed on any day of the preceding 12 months Prohibition of employment by workmen during certain period: During 6 weeks immediately following the day of delivery or miscarriage Prohibition of work by workmen during certain period: During 1 month immediately preceding the period of six week before the date of expected delivery, if the work which is of an arduous nature or which involved long hours of standing or which in any way is likely to interfere with her pregnancy or normal development of the foetus or is likely to cause her miscarriage or to adversely affect her health. Payment of Maternity Benefit: 1) Payment of maternity benefits at the rate of the average daily wages for the period of actual absence. 2) Average daily wages: Wages paid during the period of 3 calendar months immediately preceding the date of her expected delivery.. 3) The workmen must have actually worked for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery. 4) Maximum period entitled: Maximum 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery. Leave for 1) Miscarriage: 6 weeks immediately following the day of her miscarriage 2) Medical termination of pregnancy: 6 weeks immediately following the day of her pregnancy. 3) Tubectomy operation: 2 weeks immediately following the day of her pregnancy. Nursing Breaks: Every women delivered of a child who returns to duty after such delivery shall be allowed in the course of her daily work two breaks for nursing he child until the child attains the age of 15 months

C:santosh/personal/compliance under labour laws

The Minimum Wages Act, 1948

Main Compliance: 1) To make payment of overtime in excess of number of hours constituting normal working day at the rate fixed under the Act or any other law whichever is higher. 2) Minimum wages payable shall be paid in cash. 3) If the custom is to pay wages in kind, then wages can be paid in kind. 4) Govt. can authorise supply of essentital commodities at concessional rate. 5) In respect of any scheduled employment, a notification u/s 5 is in force, then employer shall pay wages at a rate not less than the minimum rate fixed under notification. 6) Any contract allowing to pay wages less than minimum is null and void. 7) Sri Dharam Motor Services v. Industrial Tribunal, Madrass : A worker can be asked to work for more than 6 days a week provided he is paid extra on the overtime rate.

C:santosh/personal/compliance under labour laws

The Payment of Bonus Act, 1965

Applicability: to every factor and other establishment in which 20 or more persons are employed on any day during an accounting year. Main Compliance: 1) Minimum Bonus: 8.33% if salary or wages earned during accounting year or Rs.100 whichever is higher, whether or not the employer has any allocable surplus in the accounting year. 2) Maximum Bonus: 20% of salary or wages only if allocable surplus exceeds the amount of minimum wages bonus payable under the act 3) Time Limit: Within 8 months from the close of accounting year. 4) Salary or wage calculation: Salary or wage exceeding Rs.2500 : Rs.2500 Salary or wages less than Rs.2500 : Actual Salary or wages: Basic + DA Maintenance of Registers and Returns: Sr.No. 1 2 3 Particulars Computation of allocable surplus Set on and Set off the allocation surplus Detail of amount of bonus due to each of the employee, deduction u/s 17 and 18 and actual Amount disbursed Return to be submitted within 30 days after the expiry of the time limit Register Form A Form B Form c

Form D

C:santosh/personal/compliance under labour laws

The Payment of Gratuity Act, 1972

Applicability: 1) To every factory and other establishment in which 10 or more persons are employed. 2) Once this is applicable, later on even if employees are reduced to less than, this Act remains applicable. Main Compliance: 1) Duty of employer to give notice of application of the Act to controlling authority. 2) Payment to Gratuity: a) Eligibility: Continuous 5 years of service b) In case of death of employee, payment has to be made to minor. c) Amount of Gratuity: Normal: Last drawn salary/26*15*no of year of service Seasonal: Last drawn salary/26*7*no of year of service Salary: Basic+ DA d) Maximum amount: Rs.350000 e) Time limit: within 30 days of form due date 3) Duty of employer to determine the amount of gratuity and give notive in writing to the person to whom the gratuity is payable and to the controlling authority. 4) Duty of the employer to give notice of opening, change or closure of establishment 5) Duty of the employer to obtain nominations from the employees.

Ex. If the salary (Bonus + DA) = 5,000 5000/26 (working days) x 15 (days service) x nos of year service completed

C:santosh/personal/compliance under labour laws

The Payment of Wages Act, 1936

Person Responsible under the Act: Nature of Employer Factory Industrial Establishment Person Responsible Manager under Factories Act, 1948 A person responsible to the employer for supervision and control of the Industrial Establishment Railway Administration

Railway Major Compliance:

1) Authorised persons have to fix the wage period which should not be more than 1 month. 2) Time Limit for payment of wages Particulars Time limit Less than 1000 persons More than 1000 persons Termination of employee Before expiry of 7th working day of wage period Before expiry of 10th working day of wage period Before expiry of 2nd working day of termination

3) Wages must be paid in current coin and currency note or cheque or crediting in Bank account (provided for cheque and credit subject to written authorization) 4) Obligation for imposing fine: a) Previous approval of authority of State Govt. b) Notice to be exhibited in premises c) Opportunity of showing cause against fine to employee d) Total fine should not exceed 3 % of wages payable e) Age of employee must be more than 15 years f) Fine cant be recovered in installment and after the expiry of 60 days on which it was imposed. g) Fine recovered must be applied for purposes beneficial to the persons employed in the factory.

C:santosh/personal/compliance under labour laws

The Workmens Compensation Act, 1923

Employers liability for compensation: 1) Employer is liable to pay compensation as per Chapter II in case of personal injury by accident arising out of and in the course of employment. 2) In following cases, employer is not liable: a) if injury doesnt result in total or partial disablement for a period not exceeding 3 days b) if injury has not resulted in death and is caused by accident because of following : i) influence of drink or drugs, or ii) willful disobedience of an order expressly given or a ruled framed for the purpose of securing safety of workmen, or iii) willful removal of any safety guard or other device provided for the purpose of securing the safety of workman. 3) Occupational disease shall be deemed to an injury if it is proved that a) continuous service Nature of employment Continous Service Part A of Schedule III NA Part B of Schedule III 6 months Part C of Schedule III CG will specify b) the disease has arisen out of and in the course of the employment. 4) More than one employer in case of part C, then payment of compensation will be in proportion as commissioner may decide. Amount of Compensation: Particulars of Injury Death from Injury Permanent total disablement Permanent partial disablement a) Injury in Part II of Schedule I b) No specified in injury in Schedule I Temporary disablement whether partial or total Amount of Compensation 50 % of monthly wages* relevant factor or Rs.50000/- whichever is more 60 % of monthly wages* relevant factor or Rs.65000/- whichever is more % specified in schedule % decided by qualified medical practioner Half monthly payment equivalent to 25% of monthly wages paid as per provision of Act

C:santosh/personal/compliance under labour laws

Method of calculating wages: Continuous period of employment preceding the accident Not less than 12 months Less than 1 month Wages 1/12th of the payment in last 12 months a) Average monthly amount during 12 month earned by a workman on same work by same employer or b) if there was no workman, then by a workman on same work in same locality Total wages earned immediately preceding the accident/no of day * 30

In other case where it is not possible to calculate monthly wages

Reports and Returns: 1) Commissioner may ask statement in the prescribed form within 30 days of notice about the opinion of employer whether he is or not liable to deposit compensation. 2) Employer is liable to report about fatal accidents and serious bodily injuries within 7 days of death or serious bodily injury. 3) SG may direct any employer to send a return specifying the number of injuries in respect of which compensation has been paid by employer during the previous year.

C:santosh/personal/compliance under labour laws