MODULE 1

LABOUR
LEGISLATION
Meaning:
Legislation is required for protecting the interest of labour in the organizations. The
regulatory role has been changed as protective role gradually. The legislation has helped a lot
for providing several facilities to labour and their working & living conditions have been
improved. The appointments of labour welfare officer under statue and entrusting some
responsibilities and functions to the labour welfare officer helped for effective
implementation.

Objective:
 Establishment of justice-social, political & economic

Provision of opportunities to all workers; irrespective of caste, creed, religion, beliefs; for
the development of their personality.

 Protection of weaker sections in the community.

 Maintenance of industrial peace.

 Creation of conditions for economic standards.

 Protect workers from exploitation.

 Guarantee right of workmen to combine and for association or unions.

 Ensure right of workmen to bargain collectively for the betterment of their conditions.

 Make state interfere as protector of social well being tan to remain an on looker.

 Ensure human rights & human dignity.

Impact of ILO:
The impact of ILO on India is stickly felt in the fields of labour legislation &
technical assistance. The two fields in which the ILO is most active.

 Labour Legislation:

Until 1919 there was no important labour legislation in India. But the
establishment of ILO and Indians uninterrupted association with this
organization, coupled with trade union pressure in the country, has greatly
influenced labour legislation.
 Technical Assistance:

The ILO has been providing technical assistance in implementing various

social security measures in programs designed to expand workers education,
including vocational training and in improving employment service.

 Social Security:

The ILO assigned technical experts to advice on the implementation of

employees state Insurance Act of 1948. The ILO experts worked in close
collaboration with the government department implementing the legislation,
and the government department their experience contributed in dealing with a
variety of administrative problems of implementation.

 Vocational Training:

Technical assistance is the fields of vocational training began in 1950 and has
since covered various aspects of the programs. Thus 18 months in 1959.
During this period, the assisted in formulation suitable syllabuses for different
grades of workers in different trades and thereby helped to improve the
standards of vocational training in India.

 Training within industry(TWI):

ILO experts helped in training large number of persons in India to ensure

systematic introduction of the IWI program in interested mills. Special
coaching’s given to officials and fellowships were awarded for the study of
IWI programs abroad.

 Employment Service:

The ILO has provided two experts to assist the authorities to improve
employment service. These assisted in organizing pilot projects for collecting
exhaustive data on labour market information and in the classification
industrial occupational on the basis of ILO’s international standards
classification for further occupational research and analysis in India.
 Productivity:

ILO’s technical assistance in this field began in 1952 when a team of fire
experts carried out a series of studies on productivity in several undertakings
in Ahmadabad. Bombay and Calcutta. This was followed by another team of
experts during 1954-57, whose recommendations led to the establishment of
the national productivity centre. Since then the ILO experts have been
collaborating with their Indian counter parts in the study of the problems
connected with productivity.
FACTORY ACT 1948:
1. Government regulation o the working condition in factories begins in India in 1881
when the first Indian factories Act was passed.

2. This act was substantially amended in 1934 on the basis ob the recommendations of
the Royal commission on labour.

3. The act of 1934 dividend factories into two categories-seasonal and perennial.

4. This act was amended several times.

5. On the eve of independence the national government announced far reaching

legislative program for the welfare of workers.

6. As a part of this program, the factories act 1948 was passed.

7. The factories act 1948 is comprehensive in nature and through it the government has
tried to implement as many provisions of the ILO code of industrial hygiene as were
practicable under Indian conditions.

8. The factories act was substantially amended in 1976.

9. Since then there has been substantial modernization and innovation in the industrial
field.

10. Provisions have also been made for the qorers participation in safety management.

Objectives:
The main objective of the factories act is to regulate conditions of work in
manufacturing establishing and to ensure adequate safety sanitation, health, working hours,
leave with wages and weekly holidays for workers employed in such establishment.

 The act is a protective legislation. It also regulates employment of women and

young persons in factories.

 The factories ac 1948 came into force on April 1st, 1948. It applies to factories all
over India.

 Unless otherwise stated this act shall apply to factories belonging to central and
state governments.

Definition of Factory

According to Sec 2 (m) factory means:

 In simple words, a factory is a premise whereon 10 or more persons are engaged if
power is used, or 20 or more persons are engaged if power is not used, in a manufacturing
process.

Whereon 10 or more workers are working or were working on any day of the
preceding 12 months, and in any part of which a manufacturing process is being carried on
with the aid of power, or is ordinarily so carried on.

The first Factories Act in India was passed in 1881. It was designed primarily to
protect children and to provide for some health and safety measures. It was followed by new
Acts in 1891, 1911 & 1934. The act of 1934 was passed to implement the recommendations
of the Royal Commission on Labour in India & the conventions of the International Labour
Organization.

Hence the Factories Act of 1948. The Act makes detailed provisions regarding health,
safety and welfare of workers, working hours of adults, employment of young persons (which
includes children & adolescents), annual leave with wages, and so on.

The Act of 1948 not only consolidated but also amended the law regulating labour in
factories. It came into force on 1st April, 1949. In farming the new Act, the labour Minister
stated in the Legislature on 30th January, 1948 that the Government had tried to implement as
many of the provisions of the I.L.O code of industrial hygiene as were practicable under
Indian conditions and the provisions relating to periodical medical examination of young
persons and the submission of plans of factory buildings recommended under the
International Labour Conventions.

Its objective is to regulate the conditions of work in manufacturing establishment

which come within the definition of the term ‘factory’ as used in the Act. Unless otherwise
provided, it also applies to factories belonging to the central or state Government (sec. 116).

The Act was substantially amended in 1987. Some provisions of the Amending Act came into
force with effect from 1st Dec, 1987 & others from 1st June, 1988.

Objects of the Acts:

The Act is a piece of social welfare legislation. It governs working conditions of

workmen in factories. It deals mainly with:
 1. Health, welfare and safety of workmen: The Act aims to protect workers employed in
factories against industrial and occupational hazards and to ensure safe and healthy
conditions of life and work. It makes detail provisions regarding health, safety and
welfare of workers in order to provide good working conditions and other facilities to
enhance their welfare.
2. Working hour’s of adults and annual leave with wages: the Act imposes certain
restriction as to hour’s of work and also makes provision for leave and rest.
3. Employment of women and young persons: the Act makes stringent provisions,
particularly with regard to length of working hours, in regard to women and young
persons.

Health, Safety and Welfare:

The Act makes detailed provisions in regard to various matters relating to health,
safety and welfare of the worker. These provisions impose upon the occupiers or managers
certain obligations:-

a) To protect workers, unwary as well as negligent, from accident, and

b) To secure for them in employment, conditions conducive to their health,
safety, and welfare. These provisions also require the occupiers or managers to
maintain inspection staff and to make provision for maintenance of health,
cleanliness, prevention for over crowding and amenities like lighting,
ventilation, drinking water, etc.
Health:

The Act deals with the provisions ensuring the health of the workers in the conditions
under which work is carried on in factories. These provisions are as follows:

1. Cleanliness (Sec.11): Factory to be kept clean and free from effluvia and dirt.
a) Every factory shall be kept clean and free from effluvia arising from any drain,
privy, or other nuisance. Accumulation of dirt and refuse shall be removed
daily by some effective method.
b) Effective means of drainage. Where a floor is liable to become wet in the
course of any manufacturing process to such an extent as is capable of being
drained, effective means of drainage shall be provided.
 c) Use of disinfectants, etc., painting and varnishing. Use of disinfectants,
detergents, painting, repainting and varnishing, revarnishing, whitewashing or
colourwashing shall be resorted to.
I. All inside walls and partitions, all ceilings or tops of rooms and
all walls, sides and tops of passages and staircases where they
are painted otherwise than with washable water-paint or
varnished, shall be repainted at least once in every 5 years.
II. The dates on which these processes are carried out shall be
entered in the prescribed register.
III. Further all doors and window frames and other wooden or
metallic framework and shutters shall be kept paitned or
varnished and the painting or varnishing shall be carried out at
least once in every 5 years.
d) Exemption: If, in view of the nature of the operations carried on in a factory
or class or description of factories, it is not possible for the occupier to comply
with the above provisions, the state government may by order exempt such
factory or class or description of factories or part of a factory from any of
these provisions and specify alternative methods for keeping the factory in a
clean state.
2. Disposal of wastes and effluents (Sec.12):
1) Treatment of wastes and effluents and their disposal. Effective
arrangements shall be made in every factory for the treatment of wastes and effluents
due to the manufacturing process carried on therein, so as to render them innocuous,
and for their disposal.

2) Rules by the State Government prescribing arrangements. The state

Government may make rules prescribing the arrangements to be made in this
regard. It may also require that such arrangements shall be approved by such
authority as may be prescribed.

3. Ventilation and temperature: (Sec.13)

1) Maintenance of adequate ventilation and temperature. Effective and suitable

provision shall be made in every factory for securing and maintaining in every
workroom-
 a. Adequate ventilation by the circulation of fresh air, and
b. Such a temperature as will secure to workers there in reasonable
conditions of comfort and prevent injury to health.
2) Process producing high temperature to be separated. The walls and roofs shall
be of such materials and so designed that the temperature shall not be
exceeded but kept as low as practicable. The process which produces high
temperatures shall be separated from the workroom, by insulating the hot parts
or by other effective means.
3) Standard of adequate ventilation and temperature to be prescribed and
provision of measuring instruments. The State Government may prescribe a
standard of adequate ventilation and reasonable temperature for any factory. It
may further direct that proper measuring instruments shall be provided and
such records as may be prescribed shall be maintained.
The walls and roofs must be of such material and so designed that the
temperature shall not exceed but kept as law as practicable. The process
which products high temperatures shall be separated from the work room, by
insulating the hot part or by other effective means.

4) Dust and fume (Sec.14): Effective measures shall be taken in every factory
for prevention of inhalation or accumulation of dust and fumes in work rooms.
In any factory no stationary internal combustion engine shall be operated
unless the exhaust is conducted into the open air.
5) Artificial humidification (Sec.15): In respect of all factories in which the
humidity of the air is artificially increased, the State Government may make
rules prescribing standards of humidification. It shall also make rules
prescribing methods to be adopted for securing adequate ventilation and
cooling of the air in the work room.
In any factory in which the humidity of the air is artificially increased the
water used for the purpose shall be taken from a public supply or other source
of drinking water, or shall be effectively purified before it is so used.

6) Overcrowding (Sec.16): There must not be overcrowding in any room of the

factory to the extend injurious to the health of the workers employed therein.
There must be at least 350 cubic feet (in respect of factories in existence
 before 1st April 1949) and 500 cubic feet (in respect of factories built after the
commencement of the Act i.e., 1st April 1949) of space every worker.
If the Chief Inspector by order in writing so requires, there shall be posted in
each work room of a factory a notice specifying the number or workers who
may be employed in the room.

7) Lighting (Sec.16):
8) Drinking water (Sec.18)
9) Latrines and Urinals (Sec.19)
10) Spittoons (Sec.20)

The factories act with regard to the safety of workers:

Sections 21 to 40 lay down the provisions with regard to the safety of workers. The
following are the provisions:-

1) Fencing of machinery Sec.21): In every factory, every dangerous part of any

machinery shall be securely fenced by safeguards of substantial constructions, which
shall be kept in position while the part of machinery they are fencing are in motion or
in use. The expression dangerous parts means any reasonably be anticipated, even if
such danger would airse from negligence or some outside source.
2) Work on or near machinery in motion (Sec.22): Wherein any factory it becomes
necessary to examine any part of machinery while the machinery is in motion, such
examination shall be made only by a specially trained adult male worker wearing tight
fighting clothing.
3) Employment of young persons on dangerous machines (Sec.23) : No young
person shall work on any machine to which this section applies unless he has been
fully instructed as to the dangers arising in connection with the machines and the
precautions to be observed and has received sufficient training to work on the
machine.
4) Striking gear and devices for cutting off power (Sec.24)
5) Self-acting machines (Sec.25)
6) Casing of new machinery (Sec.25)
7) Prohibition of employment of women and children near cotton openers (Sec.27)
8) Hoists and Lifts (Sec.28)
 9) Lifting machines, chains, ropes and lifting tackles(Sec.29)
10) Revolving machinery (Sec.30)
11) Pressure point (Sec.31)
12) Floors, Stairs, and means of access (Sec.32)
13) Protection of eyes (Sec.35)
14) Precautions in case of fire (Sec.38)
15) Safety of Buildings and machinery (Sec.40)

The welfare facilities to be provided in a factory under the factories act,

1948:

Sec 42 to 50 of the Factories Act, 1948 deal with the welfare of the workers.

1) Washing facilities (sec. 42) in every factory adequate and suitable facilities for
washing shall be provided and maintained for the use of the workers therein. Such
facilities conveniently accessible & shall be kept clean.
2) Facilities for storing & drying clothing (Sec.43) State Government may in
respect of any factory, make rules requiring the provisions therein of suitable
place for keeping clothing not worn during working hours & for the drying of wet
clothing.
3) Facilities for sitting (Sec 44) In every factory suitable arrangements for sitting
shall be provided & maintained for all workers who are obliged to work in a
standing position. This has been done in order that the workers may take
advantage of the opportunities for rest which may occur in the course of their
work.
4) First-aid appliance (Sec.45) There shall in every factory be provided and
maintained so as to be readily accessible during all working hours first-aid boxes
or cupboards equipped with the prescribed contents and the number of 6such
boxes or cupboards to be provided and mainted shall not be less than one for
every 50 workers.
5) Canteen (Sec. 46)
6) Shelter, rest room and lunch rooms (Sec 47)

The Factories Act regarding the Working hours of adults:

1. Weakly hours (sec.51) No adult worker can be required to work or allowed to work
in a factory for more than 48 hours in any week.
2. Weekly holiday (sec.52) Every adult worker in a factory must be allowed a holiday
during the week.
3. Compensatory holiday (sec. 53) Where a worker is deprive an equal numbered of
any of the weekly holidays under sec. 52, he shall be allowed compensatory holiday
of an equal number to the holiday so lost. That holiday allowed within two months
immediately following that month.
4. Daily hours (sec. 54) Subject to the provisions of sec. 51, no adult worker shall
be required to work in a factory for more than 9 hours in a day.
5. Intervals for rest (Sec. 55) The periods of work of adult workers in a factory
shall be so fixed each day that no period shall exceed five hours before he had an
interval for rest of at least half an hours.
6. Nightshift (sec.57)
7. Prohibition of overlapping shifts (sec. 590)
8. Extra wage for overtime (sec. 59)
9. Notice of period of work for adult 9sec. 61)
10. Further restrictions on employment of women (sec. 66)

Reference book:

Industrial law (N. D. Kapoor)

Industrial Law (S. M. Shukla)SBD Publishers

MINES ACT – 1952
The mines act, 9152 which was enacted to amend and consolidate the law relating to
the regulation of Lob our and safety in mines came into force with effect from July 1, 1952.
The act extends to whole of India and it aims at providing for safe as well as proper working
conditions in mines and certain amenities to the workers employed therein.

For the purpose of the act, a mines means any excavation where any operation for the
purpose of searching for or obtaining minerals has been or is being carried on and includes, i)
all borings, bore holes and oil wells. ii) All shafts, in or adjacent to and belonging to a mine
whether in the course of being sunk or not. iii) all power stations for supply electricity solely
for the purpose of working the mine or a number of mines under the same management; iv)
conveyors or serial ropeways provided for the bringing into removal from a mine of minerals
or other articles or for the removal of refuse there from; v) unless exempted by the central
Government by the notification in the official gazette, any premises or part thereof, or
adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or
preparation for sale of minerals or of coke is carried.

The provisions of the act, except those relating to powers of inspectors/other

authorized persons, facilities to afforded to such persons, working hours for adolescents and
employment of children and women do not apply to; (a) any mime or part thereof in
excavation is being made for prospecting purposes only and not for the purpose of obtaining
minerals for use or sale provided that not more than 20 persons are employed on one day, the
depth of the excavation for coal,15 meters, and no part of such excavation extends below
superjacent ground; and (b) any mine engaged in the extraction of kankar, Murrum, laterite
boulder, gravel shingle, ordinary sand ( excluding moulding sand, glass-sand).

The act was amended in 1983 by the Mines (Amendment) Act, 1983 which received
the assent of the president on the 25th December, 1983. According to the amended act no
person below 18 years of age shall be allowed to work in any mine or part thereof. The
amending act provides for entitlement for an alternative employment in the mine to the
worker, found medically unfit which is directly ascribable to his employment. Keeping in
view the greater hazards to which the underground workers are exposed, the present rate of
one day for every 16 days of work performed for the calculation of annual leave with wages
of person employed below ground in a mine has been modified to one day for every 15 days
of work performed. Another new provision enables the chief Inspector of mines or any other
authorized officer to undertake a safety and occupational health survey in Mines.

The present definition of “serious bodily injury” in the main act has been amended by
introducing a new definition of “reportable injury” to cover injuries resulting in forced
absence of a worker because of bodily injuries has been reduced to 24 hours. The functions of
the committee include drafting of rules and regulations under the act and enquire under such
accidents as may be referred to by the Central Government and hear and decide appeals and
objections against the Act.

Health Safety and Welfare:

Elaborate provisions have been made in the Act for safe guarding the health and
safety of workers and for promoting their welfare. Every Mine is required to provide free of
cost, at least 2 liters of coal and whole some drinking water for every worker employed there
in also a sufficient number of latrines and urinals of the prescribed type separately for male
and female workers at convenient place. All the latrines and urinals are required to be
adequately lighted, ventilated and maintained in a clean and sanitary condition at all times.
The points for drinking water should not ordinarily be situated within twenty feet of any
washing place urinal or latrine. Each mine is also required to provide and maintain 1st aid
boxes or cupboard equipments with the prescribed contents. The central government have
framed the coal Mines regulations1926 and the coal Mines Regulations, 1955.

The new regulations provide for more effective measures to prevent as also to deal
with dangers from inflammable and noxious gases, dust, flooding and outbreak of fire or
spontaneous heating. The Metalliferrous Mines Regulations, 1961 governing safety in mines
other than coal and oil mine, were brought into force with effect from the 11 th March, 1961.
These regulations supersede the Indian Metalliferrous Mines Regulations, 1926. on the
recommendation of the 16th session of the Indian lab our conference, the amending act of
1983 has empowered the Mines Directorate to undertake safety and occupational health
survey in mines.

Penalties and procedures:

The act provides for severe punishment with imprisonment for a term which may
extend up to months or with fine up to RS. 2000 or both in persons who contravene certain
provisions of the act. The act provides for a more deterrent punishment with compulsory
imprisonment for a period up to two years and fine which may extend up to RS 5000 for the
offence of violating the orders issued under section 22 of the act. Where under the
employment of the person is prohibited at the mine in view of the apprehended and
immediate danger to the safety of persons employed.

At its third meeting held on 17th September, 1974, the central Advisory contract Lab
our Board made important recommendations. As well as the coal mining authority should be
abolished; ( i ) Raising or raising cum – of coal; ii) over burden removal and earth cutting; iii)
coal loading and unloading; iv) sand loading; v) soft coke Manufacturing.

Enforcement:

The total number of inspections of mine made by all the inspecting officers during the
year 1983 was 8317 as compared to 10962 inspections carried out during 1982.

Reference:
Tirupathi
SHOPS AND ESTABLISHMENT ACT

Introduction:
The Shops and Establishment Act is a state legislation act and each state has framed its own
rules for the Act. The object of this Act is to provide statutory obligation and rights to
employees and employers in the unauthorized sector of employment, i.e., shops and
establishments. This Act is applicable to all persons employed in an establishment with or
without wages, except the members of the employers’ family.

This Act lays down the following rules:

Working hours per day and week.
Guidelines for spread-over, rest interval, opening and closing hours, closed days,
national and religious holidays, overtime work.
Employment of children, young persons and women.
Rules for annual leave, maternity leave, sickness and casual leave, etc.
Rules for employment and termination of service.

Under this Act, registration of shop/establishment is necessary within thirty days of

commencement of work. Fifteen days of notice is required to be served before the closing of
the establishment State government can exempt, either permanently or for specified period,
any establishments from all or any provisions of this Act.

It is necessary to have a good understanding of the law, particularly when one is employed in
shops or establishments. Before we turn to discuss the law relating to shops and
establishments, it is necessary to know the development of the law relating to them.

Development of Shops and Commercial Establishments:

The shops and establishments act of different states extend to the whole of the state and
within each state, it covers such areas as the state government may notify from time to time.
The condition of employment of persons employed in shops and commercial establishment
are generally regulated by state acts and rules framed there under. The provisions are more or
less similar and usually also have a provision for granting exemptions, either permanently or
foe a specified period of time, any establishment or class of establishment, persons or
classesof persons from all or any provisions of act.
These acts provide for minimum hours of work, rest intervals, holidays, annual leave,
opening and closing hours of establishment, payment of wages, overtime wages, and for
restrictive employment of children and young persons. Besides the state acts, there is also a
central act, namely and weekly holiday act, 1942, which provides for weekly holidays to
persons employed in shops commercial establishments etc, the act applies only to that state
which notifies its application to specified areas in its jurisdiction.

For example:

Dram shop or dramshop is a legal term in the United States referring to a bar, tavern or the
like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were
sold by the dram, a small unit of liquid.

Dram shop liability refers to the body of law governing the liability of taverns, liquor stores
and other commercial establishments that serve alcoholic beverages. Generally, dram shop
laws establish the liability of establishments arising out of the sale of alcohol to visibly
intoxicated persons or minors who subsequently cause death or injury to third-parties—those
not having a relationship to the bar, as a result of alcohol-related car crashes and other
accidents.

The laws are intended to protect the general public from the hazards of irresponsibly serving
alcohol to minors and intoxicated patrons. Groups such as Mothers Against Drunk Driving
(MADD) have advocated for the enforcement and enactment of dram shop laws across the
United States as well as in the United Kingdom, Canada, New Zealand and Australia. The
earliest dram shop laws date from the 19th century temperance movement.

The laws have drawn criticism from some who claim they may downplay the role of personal
responsibility.

Differences among U.S. state laws:

Serving alcohol to minors is illegal in all 50 states. Many states impose liability on bars for
serving minors who subsequently injure themselves or others in order to deter the illegal
practice of serving minors alcohol. Thus in Texas, minors can sue a drinking establishment
for their own injuries sustained while intoxicated. In other states, dram shop liability extends
to serving the "habitually intoxicated."

The majority of states allow for recovery when the defendant knew (or should have known)
the customer was intoxicated. Some states have attempted to address this problem through
more exacting tests. Missouri's recently revised dram shop law requires proof that the party
demonstrates "significantly uncoordinated physical action or significant physical
dysfunction." In Texas, a patron must be so obviously intoxicated that he presents a clear
danger to himself and others.

On the other hand, in Massachusetts, the highest court in the state held that a bar could be
sued where a patron exhibiting "drunk, loud and vulgar" behavior was determined to be
"visibly intoxicated," Cimino v. The Milford Keg, Inc., 385 Mass. 323 (1981). In Cimino,
evidence showed that the intoxicated patron had been served six or more White Russians by
the Milford Keg bar. The patron left the bar, arriving at another bar about fifteen minutes
later "totally drunk," holding a White Russian. The next bar that he went to refused to serve
him. Shortly thereafter, the intoxicated patron lost control of his car, drove up on a sidewalk
and killed a pedestrian.

Under Illinois' dram shop law, plaintiffs can recover after demonstrating:

1. proof of sale of alcohol to the patron;

2. injuries sustained by the patron;
3. proximate cause between the alcohol sale and intoxication; and
4. That intoxication was at least one cause of the third party damages.

Proximate cause includes the legal requirement the dram shop must have been able to foresee
that its actions could cause injuries to third parties, but this is true for any establishment that
serves (sells) alcohol. One Illinois court allowed a lawsuit against a company that dropped off
self-serve barrels of beer at a union picnic.

Some states (such as New Jersey) impose liability on social hosts as well as commercial
establishments. This related area of the law is known as social host liability.

Effectiveness:

Michigan and Alaska, whose dram shop laws are considerably more narrow than MADD
proposes, have drunk-driving fatality rates below the national average, while Illinois is above
the national average, despite having one of the broadest dram shop laws, according to a 2004
comparison by YAERD, a U.S. organization that studies alcohol use among youth.
Comparisons between a rural state like Alaska, with the lowest population density in the
United States, with that of Illinois, which includes the Chicago metropolitan area and other
major cities, may not be scientifically valid because of the existence of confounding
variables. A 1993 study from the National Bureau of Economic Research found some
reduction in alcohol-related fatalities from the implementation of dram shop laws, though it
did not control for the special cases of Utah and Nevada, which may have distorted the
results.

Summary:

Shops and establishments law regulates the working hours, leave, holidays, payment of
wages of persons employed in commercial establishments, shops, residential hotels,
restaurants, retail trade or business. It also prohibits the employment of children and makes
special provisions for young person.

References

Book
Labour law…………..B.D.Singh

website
www.google.com
 MODULE 2
LEGISLATION
CONCERNING WAGES
AND BONUS
Payment of Wages Act, 1936
The Payment of Wages Act, 1936 is a central legislation which has been enacted to
regulate the payment of wages to workers employed in certain specified industries and to
ensure a speedy and effective remedy to them against illegal deductions and/or unjustified
delay caused in paying wages to them. It applies to the persons employed in a factory,
industrial or other establishment, whether directly or indirectly, through a sub-contractor.
The Central Government is responsible for enforcement of the Act in railways, mines,
oilfields and air transport services, while the State Governments are responsible for it in
factories and other industrial establishments.

The basic provisions of the Act are as follows:-

The person responsible for payment of wages shall fix the wage period up to which
wage payment is to be made. No wage-period shall exceed one month.
All wages shall be paid in current legal tender, that is, in current coin or currency
notes or both. However, the employer may, after obtaining written authorization of workers,
pay wages either by cheque or by crediting the wages in their bank accounts.
All payment of wages shall be made on a working day. In railways, factories or
industrial establishments employing less than 1000 persons, wages must be paid before the
expiry of the seventh day after the last date of the wage period. In all other cases, wages must
be paid before the expiry of the tenth day after the last day of the wage period. However, the
wages of a worker whose services have been terminated shall be paid on the next day after
such termination.

The Act allows deductions from the wages of an employee on the account of the following:-
(i) fines; (ii) absence from duty; (iii) damage to or loss of goods expressly entrusted to the
employee; (iv) housing accommodation and amenities provided by the employer; (v)
recovery of advances or adjustment of over-payments of wages; (vi) recovery of loans made
from any fund constituted for the welfare of labour in accordance with the rules approved by
the State Government, and the interest due in respect thereof; (vii) subscriptions to and for
repayment of advances from any provident fund;(viii) income-tax; (ix) payments to co-
operative societies approved by the State Government or to a scheme of insurance maintained
by the Indian Post Office; (x) deductions made with the written authorization of the employee
for payment of any premium on his life insurance policy or purchase of securities.
Responsibility for payment of wages:-
Every employer shall be responsible for the payment to persons employed by him of
all wages required to be paid under this Act:
(a) In factories, if a person has been named as the manager of the factory under clause f of
sub-section 1 of section 7 of the Factories Act, 1948 (63 of 1948).
(b) In industrial or other establishments, if there is a person responsible to the employer for
the supervision and control of the industrial or other establishments.
(c) Upon railways (otherwise than in factories), if the employer is the railway administration
and the railway administration has nominated a person in this behalf for the local area
concerned.

Fixation of wage-periods:-

(1) Every person responsible for the payment of wages under section 3 shall fix periods (in
this Act referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.

Time of payment of wages:-

(1) The wages of every person employed upon or in-

(a) Any railway, factory or industrial or other establishment upon or in which less than one
thousand persons are employed, shall be paid before the expiry of the seventh day,
(2) Where the employment of any person is terminated by or on behalf of the employer, the
wages, earned by him shall be paid before the expiry of the second working day from the day
on which his employment is terminated:
(3) The State Government may, by general or special order, exempt, to such extent and
subject to such conditions as may be specified in the order, the person responsible for the
payment of wages to persons employed upon any railway (otherwise than in a factory) or to
persons employed as daily-rated workers in the Public Works Department of the Central
Government or the State Government from the operation of this section in respect of wages
of any such persons or class of such persons:
(4) Save as otherwise provided in sub-section 2, all payments of wages shall be made on a
working day.
Deductions for absence from duty:-

(1) Deductions may be made under clause b of sub-section 2 of section 7 only on account of
the absence of an employed person from the place or places where, by the terms of his
employment, he is required to work, such absence being for the whole or any part of the
period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the employed
person in respect of the wage-period for which the deduction is made in a larger proportion
than the period for which he was absent bears to the total period, within such wage-period,
during which by the terms of his employment, he was required to work:

Deductions for damage or loss:-

(1) A deduction under clause c or clause o of sub-section 2 of section 7 shall not exceed the
amount of the damage or loss caused to the employer by the neglect or default of the
employed person.
(2) All such deduction and all realizations thereof shall be recorded in a register to be kept by
the person responsible for the payment of wages under section 3 in such form as may be
prescribed.

Deductions for recovery of advances:-

Deductions under clause f of sub-section 2 of section 7 shall be subject to the

following conditions, namely:
(a) Recovery of an advance of money given before employment began shall be made from
the first payment of wages in respect of a complete wage-period, but no recovery shall be
made of such advances given for traveling-expenses;
(b) Recovery of advances of wages not already earned shall be subject to any rules made by
the State Government regulating the extent to which such advances may be given and the
installments by which they may be recovered.

Deductions for recovery of loans:-

Deductions for recovery of loans granted under clause f of sub-section 2 of section 7

shall be subject to any rules made by the State Government regulating the extent to which
such loans may be granted and the rate of interest payable there on.
Maintenance of registers and records:-

(1) Every employer shall maintain such registers and records giving such particulars of
persons employed by him, the work performed by them, the wages paid to them, the
deductions made from their wages, the receipts given by them and such other particulars and
in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the
purposes of this Act, be preserved for a period of three years after the date of the last entry
made there.

Procedure in trial of offences:-

(1) No court shall take cognizance of a complaint against any person for an offence under
sub-section 1 of section 20 unless an application in respect of the facts constituting the
offence has been presented under section 15 and has been granted wholly or in part and the
authority empowered under the latter section or the appellate Court granting such application
has sanctioned the making of the complaint.
(2) Before sanctioning the making of a complaint against any person for an offence under
sub-section 1 of section 20, the authority empowered under section 15 or the appellate Court,
as the case may be, shall give such person an opportunity of showing cause against the
granting of such sanction, and the sanction shall not be granted if such person satisfies the
authority or Court that his default was due to-
(a) A bona fide error or bona fide dispute as to the amount payable to the employed person.
(b) The occurrence of an emergency or the existence of exceptional circumstances, such that
the person responsible for the payment of the wages was unable, though exercising
reasonable diligence, to make prompt payment.
(c) The failure of the employed person to apply for or accept payment.
(3) No Court shall take cognizance of a contravention of section 4 or of section 6 or of a
contravention of any rule made under section 26 except on a complaint made by or with the
sanction of an Inspector under this Act.
(4) Imposing any fine for an offence under sub-section 1 of section 20 the court shall take
into consideration the amount of any compensation already awarded against the accused in
any proceedings taken under section 15.
Display by notice of abstracts of the Act:-

The person responsible for the payment of wages to persons; employed in a factory or
an industrial or other establishment shall cause to be displayed in such factory or industrial or
other establishment a notice containing such abstracts of this Act and of the rules made there
under in English and in the language of the majority of the persons employed in the factory,
or industrial or other establishment, as may be prescribed.

Rule-making power:-

(1) The State Government may make rules to regulate the procedure to be followed by the
authorities and courts referred to in sections 15 and 17.
(2) The State Government may, by notification in the Official Gazette, make rules for the
purpose of carrying into effect the provisions of this Act.
(3) In particular and without prejudice to the generality of the foregoing power, rules made
under sub-section 2.
(a) require the maintenance of such records, registers, returns and notices as are necessary for
the enforcement of the Act prescribe the form there of and the particulars to be entered in
such registers or records;
(b) require the display in a conspicuous place on premises where employment is carried on of
notices specifying rates of wages payable to persons employed on such premises;
(c) Provide for the regular inspection of the weights, measures and weighing machines used
by employers in checking or ascertaining the wages of persons employed by them;
(d) Prescribe the manner of giving notice of the days on which wages will be paid;
(e) Prescribe the authority competent to approve under sub-section 1 of section 8 acts and
omissions in respect of which fines may be imposed;
(f) Prescribe the procedure for the imposition of fines under section 8 and for the making of
the deductions referred to in section 10;
(4) In making any rule under this section the State Government may provide that a
contravention of the rule shall be punishable with fine which may extend to two hundred
rupees.
(5) All rules made under this section shall be subject to the condition of previous publication,
and the date to be specified under clause 3 of section 23 of the General Clauses Act, 1897 (10
of 1897), shall not be less than three months from the date on which the draft of the proposed
rules was published.

Reference:
• Industrial Relations & Laws (Taxmann’s)

• www.Google.com
MINIMUM WAGES ACT 1948

Introduction:

Wages means all remuneration capable of being expressed in terms of money, which
Would, if the terms of contract of employment, express or implied, were fulfilled, be payable
to a person employed in respect of his employment or of work done in such. Employment it
includes house rent allowance but does not include the value of any house accommodation,
supply or light, water, medical attendance or other amenity or service excluded by general or
special order of appropriate Government; contribution paid by the employer to Pension/
Provident Fund or under scheme of social insurance; traveling allowance or value of traveling
concession; sum paid to the person employed to defray special expenses entailed on him by
the nature of his employment; or any gratuity payable on discharge.

As of now there is no uniform and comprehensive wage policy for all sectors of the
economy in India. Wages in the organized sector are determined through negotiations and
settlements between employer and employees. In unorganized sector, where labor is
vulnerable to exploitation, due to illiteracy and having no effective bargaining power,
minimum rates of wages are fixed/ revised both by Central and State Governments in the
scheduled employments falling under their respective jurisdictions under the revisions of the
Minimum Wages Act,1948.

The concept of Minimum Wages was first Evolved by ILO in 1928 with reference to
Remuneration of workers in those industries Where the, level of wages was substantially Low
and the labor was vulnerable to Exploitation, being not well organized and Having less
effective bargaining power. The Need for a legislation for fixation of minimum Wages in
India received boost after World War – II when a draft bill was considered by The Indian
Labor Conference in 1945.

On the recommendation of the 8th Standing Labor Committee, the Minimum Wages
Bill was introduced in the Central Legislative assembly on 11.4.1946 to provide for fixation
of minimum wages in certain Employments. The Minimum Wages Bill was passed by The
Indian Dominion Legislature and came into Force on 15th March, 1948. Under the Act both
State and Central Government are “Appropriate Governments” for fixation/revision of
minimum Rates of wages for employments covered by The Schedule to the Act. The Central
Government is responsible for fixation and revision of minimum wages for the unskilled
workers in scheduled employments of Central Sphere Scheduled Employments of Central
Sphere are given in

The minimum rates of wages also include Special Allowance (Variable Dearness
Allowance) linked to Consumer Price Index Number which are revised twice a year effective
from April and October. The rates of minimum wages including VDA in different scheduled
employments in Central Sphere are at

The rates of wages once fixed are revised at an interval not exceeding of five years.
The minimum wages were last revised in 1994, under Central sphere. The minimum wages in
various mines as well as constructions, laying of underground cables etc. in the central sphere
have been revised vide gazette notifications S.O. no. 9(E) dated 3.1.2002 and S.O. no. 113(E)
dated 28.1.2002respectively.

National Minimum Wage:

The National Minimum Wage has been considered at various fora in the past.
However, State/UT Governments are not unanimous on the need of a National Minimum
Wage as socioeconomic conditions vary from state to state, region to region and also from
industry to industry due to different geographical, topographical and agro-climatic factors.
Pending easibility of a National Minimum Wage, the desirability of a regional minimum
wage has been felt to bring in regional uniformity.

The Six Regional Minimum Wages Advisory Committees set up in 1987 to reduce
regional disparities among States have been broadened and renamed as Regional Labour
Ministers’ Conferences.

The 28th Indian Labour Conference in 1985 recommended a national basic

subsistence level wage below which no wages may be fixed regardless of the nature of work,
nature of employment and other considerations. In the absence of uniformity in minimum
wages the Central Government adopted the concept of national floor level minimum wage
and fixed it at Rs,35/- per day in 1996, based on the recommendation of the National
Commission on Labour in 1991 and subsequent increase at the price level.

The Central Government raised the national floor level minimum wage to Rs.40/- per
day in 1998 and further to Rs.45/- w.e.f. 30.11.1999, keeping in view the rise in consumer
price index. All the State/UT Governments were also directed to ensure fixation of minimum
rates of wages in all the scheduled employments not below Rs.45/- per day.

Enforcement of Minimum Wages:

Minimum Wages under Central sphere are enforced through Central Industrial
Relations Machinery (CIRM). Presents cases of enforcement by CIRM. Under State sphere
the enforcement is ensured by the State machinery Central Board for Workers Education
gives wide publicity of provisions of Minimum Wages Act, besides other awareness
programmes through mass media Industry -wise special studies on implementation of
minimum wages are conducted by Labour Bureau. 5.19 Consumer Price Index determines
changes in commodity cost and changes in cost of living of the workers. The index is used in
determining VDA Separate baskets of goods and services are used for compilation of
consumer Price Index for Industrial, gricultural and Rural Workers.

The Consumer Price Index for Industrial workers (base 1982) and Agricultural &
Rural Labourers (Base 1986-87) are compiled on the basis of price data collected from
specified markets The yearly variation in Consumer Price Index for Industrial Workers and
Agricultural Labourers are presented from 1984-85 onwards.

Objective:

The object of the Act is to prevent exploitation of labour; prevent employment of

sweated labour in the interests of general public and so in prescribing minimum wage rates,
the capacity of the employer need not be taken into account.

Applicability:

The Act is applicable in respect of the employments specified in the schedule of the
Act. Presently, the Punjab Government has notified 67 employments in the said Schedule.

Responsibility of the Employer:

An employer of the scheduled employment is required to pay the minimum wages to

its employees as notified by the government from time to time. He is also required to
maintain registers regarding registers of wages, fines, deductions for damage or loss and
overtime. He is also required to send annual return to the Inspector for the year ending on
31st December by 1st of February next year.
Complaints:

A worker can made a complaint with regard to payment of less than the minimum wages or
unauthorized deductions made to the Labour Inspector Grade-I or II of the area.

Claims:

A claim application in duplicate can be made in Form VI by an employee; in Form – VI-A by

a group of employees; in Form – VII by an Inspector or person permitted by the Authority u/s
20 for claiming the difference of minimum wage and the wages actually paid, or for claim
wages for weekly offs or rest days or for wages at the over-time rate. The application should
be presented to the Competent Authority appointed under the Act i.e. the Assistant Labour
Commissioner or the Labour-cum-Conciliation Officer of the concerned area.

Bar to Suit:

Civil Courts are barred to entertain the suit for recovery of wages once a claim has been
lodged with or could have been recovered by application to the Competent Authority under
the Act.

Contracting out:

Any contract or agreement whereby a worker relinquishes or reduce his right to receive
minimum wages is null and void to that extent.

Penalties:

For non compliance of the provisions of the Act, an employer may be punished for
imprisonment up to six months or fine up to Rs. 500/- or both.
PAYMENT OF BONUS ACT 1965
Introduction:
The practice of paying bonus in India appears to have originated during First World
War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
In certain cases of industrial disputes demand for payment of bonus was also included. In
1950, the Full Bench of the Labour Appellate evolved a formula for determination of bonus.
A plea was made to raise that formula in 1959. At the second and third meetings of the
Eighteenth Session of Standing Labour Committee (G. O.I.) held in New Delhi in
March/April 1960, it was agreed that a Commission be appointed to go into the question of
bonus and evolve suitable norms. A Tripartite Commission was set up by the Government of
India to consider in a comprehensive manner, the question of payment of bonus based on
profits to employees employed in establishments and to make recommendations to the
Government. The Government of India accepted the recommendations of the Commission
subject to certain modifications. To implement these recommendations the Payment of
Bonus Ordinance, 1965 was promulgated on 29th May, 1965. To replace the said Ordinance
the Payment of Bonus Bill was introduced in the Parliament.

The Bonus Formula:

The Bonus Formula was first evolved in the case of Mill Owners Association,
Bombay v. Rashtriya Mill Mazdoor Sangh, Bombay, (1950). The formula, which came to be
known as ‘the Full Bench Formula or the Available Surplus Formula is as follow:

“As both labour and capital contribute to the industrial concern it is fair that labour
should derive some benefit if there is surplus after meeting prior or necessary charges. These
first charges on gross profit are:

• Provision for depreciation

• Reserve for rehabilitation

• A return of six percent on the paid-up capital, and

• A return on the working capital at a lower rate than the return on paid-up capital.
Bonus Commission:
The government of India appointed a commission by the suggestion given by the
associated cement company’s known as the bonus commission, by its resolution dated 6th
Dec, 1961. The bonus commission submitted its report to the government on 18th Jan, 1964.
Then the government accepted the report with slight modification by their resolution dated 2nd
Sept, 1964, and in order to give statutory effect to the recommendation made by the bonus
commission an, ordinance known as the payment bonus ordinance was promulgated in may
1965. The ordinance was later replaced by the payment of bonus act 1965 in September of
that year. The act came into operation with effect from 25th Sept, 1965.

To review the operation of the payment of bonus act 1965 the governments setup in
1972 a bonus review committee. As a result of the recommendation of this committee, the
payment of bonus (Amendment) act, 1972 was passed. This amendment increases the
minimum compulsory payment of bonus from 4% to 8 1/3%.

Payment of Bonus (Amendment) Act 1977:

Presidential ordinaries was promulgated on 3rd Sept, 1976 to give statutory effect to
the government’s decision taken on 18th August, 1977 for restoring the payment of a
minimum bonus of 8.33%, the legal right for which had been taken away from the employees
during emergency.

The ordinance was replaced by the payment of bonus (Amendment) act, 1977 which
was come into force retrospectively from the 3rd of September, 1977. The important
provisions of the Amendment Act have been discussed at relevant places.

The Act does not preclude “employees employed in any establishment or class of
establishment from entering into agreement with their employer for granting them an amount
of bonus under a formula which is different from that under this Act”. But no such
agreement shall have effect unless it is entered into with the previous approval of appropriate
government. This is subject to stipulations which among other things, provide that such
employees shall not be entitled to be paid bonus in excess of—

• 8.33% of the salary or wage earned by them during the accounting year if the
employer has no allocable surplus in the accounting year or the amount of such
allocable surplus is only so much that, but for the provisions of Sec. 10(2-A), it would
 entitle the employees only to receive an amount of bonus which is less than the
aforesaid percentage; or,

• 20% of the salary or wage earned by them during the accounting year.” (Sec.34 as
substituted by the Amendment Act of 1977).

Eligibility for Bonus:

Every employee shall be entitled to be paid by his employer in an accounting year,
bonus, in accordance with the provisions of this Act, provided he has worked in the
establishment for not less than thirty working days in that year.

Disqualification for Bonus:

Notwithstanding anything contained in this Act, an employee shall be disqualified
from receiving bonus under this act, if he is dismissed from service for:

a) Fraud; or

b) Riotous or violent behavior while on the premises of the establishment; or

c) Theft, misappropriation or sabotage of any property of the establishment.

Payment of Minimum Bonus:

Subject to the other provisions of this Act, every employer shall be bound to pay to
every employee in respect of the accounting year commencing on any day in the year 1979
and in respect of every subsequent accounting year, a minimum bonus which shall be 8.33%
of the salary or wage earned by the employee during the accounting year or one hundred
rupees, whichever is higher, whether or not the employer has any allocable surplus in the
accounting year. Provided that where an employee has not completed fifteen years of age at
the beginning of the accounting year, the provisions of this section shall have effect in
relation to such employee as if for the words “one hundred rupees”, the words “sixty rupees”
were substituted.
Payment of Maximum Bonus:
1. Where is respect of any accounting year referred to in section 10, the allocable surplus
exceeds the amount of minimum bonus payable to the employees under that section,
the employer shall, in lieu of such minimum bonus, be bound to pay to every
employee in respect of that accounting year bonus which shall be an amount in
proportion to the salary or wage earned by the employee during the accounting year,
subject to a maximum of twenty percent of such salary or wage.

2. In computing the allocable surplus under this section, the amount set on the amount
set off under the provisions of section 15 shall be taken into account in accordance
with the provisions of that section.

Proportionate Reduction in Bonus in Certain Cases:

Where an employee has not worked for all the working days in an accounting year,
the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such
bonus is higher than 8.33 per cent, of his salary or wage for the days he has worked in that
accounting year, shall be proportionately reduced

Deduction of Certain Amounts from Bonus Payable under the Act:

Where in any accounting year, an employee is found guilty of misconduct causing

financial loss to the employer, then, it shall be lawful for the employer to deduct the amount
of loss from the amount of bonus payable by him to the employee under this Act in respect
of that accounting year only and the employee shall be entitled to receive the balance, if
any.

Time-Limit for Payment of Bonus:

All amounts payable to an employee by way of bonus under this Act shall be paid in
cash by his employer -

(a) Where there is a dispute regarding payment of bonus pending before any authority
under section 22, within a month from the date on which the award becomes
enforceable or the settlement comes into operation, in respect of such dispute;
 (b) In any other case, within a period of eight months from the close of the accounting
year.
Penalty:

If any person-
(a) contravenes any of the provision of this Act or any rule made there under, or
(b) to whom a direction is given or a requisition is made under this Act fails to
comply with the direction or requisition,
He shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.

Objectives of the Act:

1. To impose statutory liability upon an employer of every establishment covered by the
Act to pay bonus to employees in the establishment:

2. To define the principle of payment of bonus according to the prescribed formula.

3. To provide for payment of minimum and maximum bonus and linking the payment of
bonus with the scheme of “set-off and set-on” ; and

4. Top provide machinery for enforcement of the liability for payment of bonus [Jalan
trading co. (Pvt) V. Mill Mazdoor Union, A.I.R. (1967) S.C.961].

REFERENCE BOOK:

1. LABOUR LAWS for Managers – B.D SINGH

2. HAND BOOK OF INDUSTRIAL LAW – N.D KAPOOR
Website – www.yahoo.com
EQUAL REMUNERATION ACT 1976
Sex discrimination on payment of wages has been one of the most prevalent unfair
labour practices in most of the countries in the world. ILO adopted equal remuneration for
men and women for work of equal value, without discrimination based on sex as its
fundamental principle included in its constitution

Though the principle of equal pay is widely accepted in the social policy of many
countries its practical application varies greatly. It is extensively applied in some countries
and substantial progress continues to be made.

Equal remuneration act 1976; INDIA satisfied ILO convention 100 on equal
remuneration in 1958. It was promulgated in 1975.IT was replaced in 1976.

Scope and coverage; the act extents to whole of INDIA .this was extended to all
establishments, employments, public or private, including domestic service and this is the
only labour act with universal coverage.

Equal pay for equal work ;IT is self evident ,implicit in the doctrine of equality
enshrined in art 14 it flows from it .it was stated as directive principle of state policy was not
enforceable in court of law.

Basic Wages; when award gives revised pay scales the employees become entitled to
revised emoluments and where the revision is, with retrospective effect, the arreas paid to the
employee, as a consequence, are the emoluments earned by them while on duty.

Payment of Remuneration at Equal Rates to Men and Women Workers:

Duty of employers to pay equal remuneration to men and women workers for same
work or work of a similar nature

1 no employer shall pay to any worker ,employed by him in an establishment or employment,

remuneration, whether payable in cash or in kind , at rates , less favorable than those at which
remuneration is paid by him to the workers of the opposite sex in such establishment for
performing the same work of a similar nature.

2 no employer shall, for the purpose of complying with the provisions of sub-section (1),
reduce the rate of remuneration of any worker.
Onus of proof: The employer has to show that it is more probable than not that the variation
was due to material difference and not based on sex.

The work done by women employee and man employee need not be same to warrant
payment of equal remuneration.

No discrimination should be made while recruiting men and women workers.

No employer shall make any discrimination against women except where employment of
women in such work is prohibited in law.

Provision of this section shall not affect any priority for sc and ST in matter no of
recruitment in establishment.

Advisory committee:
• For the purpose of providing increasing employment opportunities for women the
appropriate govt shall constitute one or more advisory committees to advise it with
regard to the extent to which women may be employed in such establishment.

• The advisory committee shall regulate its own procedure.

Hearing and Deciding Claims and Complaints:

• Every compliant referred to shall be made in such manner as may be prescribed.

• If any compliant arises as to whether two or more works are of the same nature, it
shall be decided by the authority appointed

• Duty of employer to maintain registers. ; On and from the commencement of this act,
every employer shall maintain such registers and other documents in relation to
workers employed by him as may be prescribed.

Penalties:

1 If after commencement of this act, any employer, , being required by act. So to

do
• Fails to maintain any register in relation to workers employed by him.

• Fails to produce any register, muster roll.

2 if any person being required to do so, omits to produse to an inspector any

register or to any information, he shall be punishable with fine which may be extend to
500 rs.
Offences by companies:
1 when an offence under this act has been commited by a company , every person
who, at the time the offence was commited , was incharged of , and was
responsible to the company for conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.

2 When an offence is omitted by a company and it is proved that the offence has
been committed with consent so such manager or director shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
according.

Explanation For The Purpose Of This Section:

• Company means corporate body and includes a firm or other association
of individuals

• Director in relation to a firm , means a partner in the firm

Power to Make Rules:

The central govt may, by notification, make rules for carrying out the
provisions of this act.

Act not to apply in special cases;

1 To cases affecting the terms and conditions of a women’s

employment in complying with the requiring of any law giving
special treatment to women.

2 In connection with birth of child.

Power to Make Declaration:

 Where the appropriate govt is, consideration of all the case, satisfied that the
differences in regard to remuneration, of men and women workers in any establishments
based on factor other than sex by notification make declaration to that effect that any
employer attributable to such a difference shall not be deemed to be a contravention of any
provision of this act.
Power to Remove Difficulties:

If any difficulty arises in given effect to the provision of this act, the central govt.
may, by notification make any order, not in consist with the provisions of this act, which
appears to be necessary for the purpose of removing the difficulty.

General Remarks:

IT is to be noticed that , apart from providing for equal pay for men and women
workers under the same employers, for doing same work in this act stipulates that no
discrimination is made while recruiting men and women workers by employers.

Reference:
B.D Singh
 MODULE 3
LEGISLATION
CONCERNING SOCIAL
SECURITY
WORKERS COMPENSATION ACT 1923

The Workmen’s Compensation Act, aims to provide workmen and/or their

dependents some relief in case of accidents arising out of and in the course of employment
and causing either death or disablement of workmen. It provides for payment by certain
classes of employers to their workmen compensation for injury by accident. The latest
amendment to the Act was made in 1984.

Object and scope of the Act:-

The passing of the Act in 1923 was the first step towards social security of workmen.
The main objective of the Act is to provide for the payment of compensation by certain
classes of employers to their workers for injury by accident.

The theory of Act is that “The cost of the product should bear the blood of the
workmen”.

The Act came into force on the first day of July, 1924. The growing complexity of
industry with increasing use of machinery and consequent dangers to workmen rendered it
advisable that they and their families should be protected, as far as possible, from hardship
arising from accidents. Keeping in view this fact an Act called the Workmen’s Compensation
Act was passed which came into force on 1st July 1924.it applies to the whole of India except
the state of Jammu & Kashmir. The Act provides for cheaper & quicker disposal of disputed
relating to compensation through special tribunals than possible under the Civil Law. The Act
looks upon compensation as relief to the workmen & not as damages payable by the
employer for a wrongful act.

Position before the Act:

Prior to the passing of the Workmen’s Compensation Act, the position was very
unsatisfactory. The employer was liable to pay compensation only when the injury was
caused to the worker on account of his (employer’s)negligence, & here also, the employer
could escape liability on any of the following grounds:

• The doctrine of common employment.

• The doctrine of assumed risks.

• The doctrine of contributory negligence.

Who is Workman?
Workman means any person (other than a person whose employment is of a casual
nature and who is employed otherwise than for the purposes of the employer’s trade or
business) who is- i. a railway servant as defined in section 3 of the Indian Railways Act, 1890
not permanently employed in any administrative, district or sub-divisional office of a railway
and not employed in any such capacity as is specified in Schedule II, or
ii. Employed in any such capacity as is specified in Schedule II,
Whether the contract of employment was made before or after the passing of this Act and
whether such contract is expressed or implied, oral or in writing.
The provisions of the Act have been extended to cooks employed in hotels, restaurants using
power, liquefied petroleum gas or any other mechanical device in the process of cooking.

Employees Entitled To Compensation:

Every employee (including those employed through a contractor but excluding casual
employees), who is engaged for the purposes of employer’s business and who suffers an
injury in any accident arising out of and in the course of his employment, shall be entitled for
compensation under the Act.

Employer’s Liability For Compensation (Accidents):

The employer of any establishment covered under this Act, is required to compensate
an employee:
a. Who has suffered an accident arising out of and in the course of his employment, resulting
into (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv)
temporary disablement whether total or partial, or
b. Who has contracted an occupational disease.

However The Employer Shall Not Be Liable:

a. In respect of any injury which does not result in the total or partial disablement of the
workmen for a period exceeding three days;
b. In respect of any injury not resulting in death, caused by an accident which is
directly attributable to-
i. the workmen having been at the time thereof under the influence or drugs, or
ii. the willful disobedience of the workman to an order expressly given, or to a rule
expressly framed, for the purpose of securing the safety of workmen, or
 iii. The willful removal or disregard by the workmen of any safeguard or other device
which he knew to have been provided for the purpose of securing the safety of
workmen.
The burden of proving intentional disobedience on the part of the employee shall lie
upon the employer.
iv. When the employee has contacted a disease which is not directly attributable to a
specific injury caused by the accident or to the occupation; or
v. When the employee has filed a suit for damages against the employer or any other
person, in a Civil Court.

Contracting Out:
Any contract or agreement which makes the workman give up or reduce his right to
compensation from the employer is null and void insofar as it aims at reducing or removing
the liability of the employer to pay compensation under the Act.

What Is Disablement?
Disablement is the loss of the earning capacity resulting from injury caused to a
workman by an accident.
· Disablement’s can be classified as (a) Total, and (b) Partial. It can further be classified into
(i) Permanent, and (ii) Temporary, Disablement, whether permanent or temporary is said to
be total when it incapacitates a worker for all work he was capable of doing at the time of the
accident resulting in such disablement.
· Total disablement is considered to be permanent if a workman, as a result of an accident,
suffers from the injury specified in Part I of Schedule I or suffers from such combination of
injuries specified in Part II of Schedule I as would be the loss of earning capacity when
totaled to one hundred per cent or more. Disablement is said to be permanent partial when it
reduces for all times, the earning capacity of a workman in every employment, which he was
capable of undertaking at the time of the accident. Every injury specified in Part II of
Schedule I is deemed to result in permanent partial disablement.
Temporary disablement reduces the earning capacity of a workman in the employment in
which he was engaged at the time of the accident.
Accident Arising Out Of And In The Course Of Employment:
An accident arising out of employment implies a casual connection between the injury
and the accident and the work done in the course of employment. Employment should be the
distinctive and the proximate cause of the injury. The three tests for determining whether an
accident arose out of employment are:
1. At the time of injury workman must have been engaged in the business of the employer
and must not be doing something for his personal benefit;
2. That accident occurred at the place where he as performing his duties; and
3. Injury must have resulted from some risk incidental to the duties of the service, or inherent
in the nature condition of employment.
The general principles that are evolved are:
· There must be a casual connection between the injury and the accident and the work done in
the course of employment;
· The onus is upon the applicant to show that it was the work and the resulting strain which
contributed to or aggravated the injury;
· It is not necessary that the workman must be actually working at the time of his death or that
death must occur while he was working or had just ceased to work; and
Where the evidence is balanced, if the evidence shows a greater probability which satisfies a
reasonable man that the work contributed to the causing of the personal injury it would be
enough for the workman to succeed. But where the accident involved a risk common to all
humanity and did not involve any peculiar or exceptional danger resulting from the nature of
the employment or where the accident was the result of an added peril to which the workman
by his own conduct exposed himself, which peril was not involved in the normal performance
of the duties of his employment, then the employer will not be liable.

Compensation In Case Of Occupational Diseases:

Workers employed in certain types of occupations are exposed to the risk of

contracting certain diseases, which are peculiar and inherent to those occupations. A worker
contracting an occupational disease is deemed to have suffered an accident out of and in the
course of employment and the employer is liable to pay compensation for the same.
Occupational diseases have been categorized in Parts A, B and C of Schedule III. The
employer is liable to pay compensation:
a. When a workman contracts any disease specified in Part B, while in service for a
continuous period of 6 months under one employer. (Period of service under any other
employer in the same kind of employment shall not be included),
b. When a workman contracts any disease specified in Part C, while he has been in
continuous service for a specified period, whether under one or more employers.
(Proportionate compensation is payable by all the employers, if the workman had been in
service under more than one employer).
If an employee has after the cessation of that service contracted any disease specified in the
said Part B or Part C, as an occupational disease peculiar to the employment and that such
disease arose out of the employment, the contracting of the disease shall be deemed to be an
injury by accident within the meaning of the Act.

Calculation of Compensation:
The amount of compensation payable by the employer shall be calculated as follows:
(a) In case of death. - 50% of the monthly wages X Relevant Factor or Rs. 50,000, whichever
is more and Rs.1000 for funeral expenses.
(b) In case of total permanent disablement Specified under Schedule I - 60% of the monthly
wages X Relevant Factor or Rs. 60,000, whichever is more.
(c) In case of partial permanent disablement specified under Schedule I - Such percentage of
the compensation payable in case (b) above as is the percentage of the loss in earning
capacity (specified in Schedule I)
(d) In case of partial permanent disablement not specified under Schedule I .-Such percentage
of the compensation payable in case (b) above, as is proportionate to the loss of earning
Capacity (as assessed by a qualified medical practitioner).
(e) In case of temporary disablement (whether total or partial). - A half-monthly installment
equal to 25% of the monthly wages, for the period of disablement or 5 years, whichever is
shorter.

When compensation to be deposited with commissioner?

The amount of compensation is not payable to the workman directly. It is generally
deposited along with the prescribed statement, with the Commissioner who will then pay it to
the workman. Any payment made to the workman or his dependents, directly, in the
following cases will not be deemed to be a payment of compensation:
i. in case of death of the employee;
ii. in case of lump sum compensation payable to a woman or a minor or a person of unsound
mind or whose entitlement to the compensation is in dispute or a person under a legal
disability.
Besides, compensation of Rs. 10 or more may be deposited with the Commissioner on behalf
of the person entitled thereto.
The receipt of deposit with the Commissioner shall be a sufficient proof of discharge of the
employer’s liability.

Amounts Permissible To Be Paid To The Workman/ Dependents Directly:

Following amounts may be paid directly to the workman or his dependents:
a. In case of death of the workman, any advance on account of compensation up to [an
amount equal to three months’ wages of such workman] may be paid to any dependent.
b. In case of lump sum compensation payable to an adult male worker not suffering from any
legal disability.
In case of half-monthly payments payable to any workman.

Registration of Agreements Of Compensation

1. Where the amount payable as compensation has been settled by agreement a

memorandum thereof shall be sent by the employer to the Commissioner, who shall,
on being satisfied about its genuineness, record the memorandum in a registered
manner.
2. However where it appears to the Commissioner that the agreement ought not to be
registered by reason of the inadequacy of the sum or amount, or by reason that the
agreement has been obtained by fraud or undue influence or other improper means he
may refuse to record the agreement and may make such order including an order as to
any sum already paid under the agreement as he thinks just in the circumstances.
3. An agreement for payment of compensation which has been registered shall be
enforceable under this act notwithstanding anything contained in the Indian Contract
Act, or any other law for the time being in force.

Effect of Failure to Register Agreement:

When a memorandum of any agreement is not sent to the Commissioner for
registration, the employer shall be liable to pay the full amount of compensation, which he is
liable to pay under the provisions of this Act.

Filing of Claims:

A claim for the compensation shall be made before the Commissioner.

No claim for compensation shall be entertained by the Commissioner unless the notice of
accident has been given by the workman in the prescribed manner, except in the following
circumstances:
a. in case of death of workman resulting from an accident which occurred on the premises of
the employer, or at any place where the workman at the time of the accident was working
died on such premises or such place or in the vicinity of such premises or place;
b. in case the employer has knowledge of the accident from any other source, at or about the
time of its occurrence;
c. in case the failure to give notice or prefer the claim, was due to sufficient cause.

Limitation:

Workman, to the Commissioner, may file the claim for accident compensation in the
prescribed form, within 2 years from the occurrence of the accident or from the date of death.
The claim must be preceded by
(i) a notice of accident, and
(ii) the claimant-employee must present himself for medical examination if so required by the
employer.

Duties of Employers / Employees:

· To pay compensation for an accident suffered by an employee, in accordance with the Act.
· To submit a statement to the Commissioner (within 30 days of receiving the notice) in the
prescribed form, giving the circumstances attending the death of a workman as result of an
accident and indicating whether he is liable to deposit any compensation for the same.
· To submit accident report to the Commissioner in the prescribed form within 7 days of the
accident, which results in death of a workman or a serious bodily injury to a workman.
· To maintain a notice book in the prescribed from at a place where it is readily accessible to
the workman.
· To submit an annual return of accidents specifying the number of injuries for which
compensation has been paid during the year, the amount of such compensation and other
prescribed particulars.

Duties of Employees:

· To send a notice of the accident in the prescribed form, to the Commissioner and the
employer, within such time as soon as it is practicable for him. The notice is precondition for
the admission of the claim for compensation.
· To present himself for medical examination, if required by the employer.

Appeal / Bar To Civil Remedy:

An appeal against and order of the Commissioner lies to the High Court, within 60
days of the order. The employer is required to deposit the compensation before filing the
appeal.
No right to compensation in respect of any injury shall exist under this act if he has instituted
in Civil Court a suit for damages in respect of the injury against the employer or any other
person; and no suit for damages shall be maintainable by a workmen in any Court of law in
respect of any injury -
a. if he has instituted a claim to compensation respect of the injury before a Commissioner; or
b. if an agreement has come to between the workman and his employer providing for the
payment of compensation in respect of the injury in accordance with the provisions of his
Act.

Discussion of cases:

1. A railway company provided a hostel for their workmen in a certain place where
engine drivers who elsewhere were required to take rest off duty on payment of a
 small charge. They could utilize their time in any way they liked. An engine driver
while on the premises was injured in an accident.

Ans: - A workmen, who is engaged in performing a duty owed to his employer

under the terms of his employment, is in the course of his employment, whether he is
on his employer’s premises or other premises elsewhere. Thus where the employers
had provided a hostel in which their engine drivers were expected to stay & obtain
proper rest b/w shifts of work & an engine driver was injured by an accident the
course of the employment. It is based on the principal that in the course of
employment he cannot be interrupted by intervals of rest.

2. A workman suffered an injury by an accident arising out of & in the course of his
employment & was permanently disabled. But the accident has been caused by his
willful disabled. But the accident has been caused by his willful disobedience to
an order issued for the purposed of securing the safety of workmen.

Ans:- No .The workman cannot recover compensation for injury sustained.

Provision to sub-sec.(1) of sec.3 of workmen’s compensation Act , provides that the
employer shall not be liable to pay compensation in respect of an injury, not resulting
in death caused by an accident which is directly attributable to the willful
disobedience of the workman to an order expressly given for the purpose of securing
the safety of the workmen.

Reference:-

• Lobour & Industrial law – Dr.S.K.Puri.

• Industrial law - D.P.Jain.

• Industrial law - S.M.Shuklha & R.N.Saxena.

• Google search.
EMPLOYEE STATE INSURANCE ACT 1948

Definitions: - In this Act, unless there is anything repugnant in the subject or context,
"appropriate Government" means, in respect of establishment under the control of the Central
Government or a railway administration or a major port or a mine oilfield, the Central
Government, and in all other cases, the State Government

"confinement" means labour resulting in the issue of a living child, or labour after
twenty six weeks of pregnancy resulting in the issue of a child whether alive or dead

"contribution" means the sum of money payable to the Corporation by the principal
employer in respect of an employee and includes any amount payable by or on behalf of the
employee in accordance with the provisions of this Act

"employment injury" means a personal injury to an employee caused by accident or

an occupational disease arising out of and in the course of his employment, being an
insurable employment, whether the accident occurs or the occupational disease is contracted
within or outside the territorial limits of India.

"employee" means any person employed for wages in or in connection with the work
of a factory or establishment to which this Act applies and

(i) who is directly employed by the principal employer on any work of, or incidental or
preliminary to or connected with the work of, the factory or establishment, whether such
work is done by the employee in the factory or establishment or elsewhere.

(ii) who is employed by or through an immediate employer on the premises of the factory or
establishment or under the supervision of the principal employer or his agent on work which
is ordinarily part of the work of the factory or establishment or which is preliminary to the
work carried on in or incidental to the purpose of the factory or establishment.

(iii) whose services are temporarily lent or let on hire to the principal employer by the person
with whom the person whose services are so lent or let on hire has entered into a contract of
service; and includes any person employed for wages on any work connected with the
administration of the factory or establishment or any part, department or branch thereof or
with the purchase of raw materials for, or the distribution or sale of the products of, the
factory or establishment or any person engaged as an apprentice, not being an apprentice
engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the
establishment; but does not include -

(a) Any member of the Indian naval, military or air forces.

(b) Any person so employed whose wages (excluding remuneration for overtime work)
exceed such wages as may be prescribed by the Central Government

Employees' state insurance fund: - (1) All contributions paid under this act and all
other moneys received on behalf of the Corporation shall be paid into a fund called the
Employees' State Insurance Fund which shall be held and administered by the Corporation
for the purposes of this Act.

(2) The Corporation may accept grants, donations and gifts from the Central or any State
Government, local authority, or any individual or body whether incorporated or not, for all or
any of the purposes of this Act.

(3) Subject to the other provisions contained in this Act and to any rules or regulations made
in this behalf, all moneys accruing or payable to the said Fund shall be paid into the Reserve
Bank of India or such other bank as may be approved by the Central Government to the credit
of an account styled the Account of the Employees' State Insurance Fund.

(4) Such account shall be operated on by such officer as may be authorised by the Standing
Committee with the approval of the Corporation.

Establishment of Employees’ State insurance Corporation:

(1) With effect from such date25 as the Central Government may, by notification in the
Official Gazette, appoint in this behalf, there shall be established for the administration of the
scheme of employees' state insurance in accordance with the provisions of this Act a
Corporation to be known as the Employees' State Insurance Corporation.

(2) The Corporation shall be a body corporate by the name of Employees' State Insurance
Corporation having perpetual succession and a common seal and shall by the said name sue
and be sued.
Constitution of Corporation:

The Corporation shall consist of the following members, namely

(a) A Chairman to be [appointed] by the Central Government

(b) A Vice-Chairman to be [appointed] by the Central Government

(c) Not more than five persons to be [appointed] by the Central Government

(d) One person each representing each of the [States] in which this Act is in force] to be
[appointed] by the State Government concerned.

(e) One person to be [appointed] by the Central Government to represent the [Union
Territories]

(f) [Ten] persons representing employers to be [appointed] by the Central Government in

consultation with such organisations of employers as may be recognised for the purpose by
the Central Government.

(g) [Ten] persons representing employees to be [appointed] by the Central Government in

consultation with such organisations of employees as may be reorganised for the purpose by
the Central Government.

(h) Two persons representing the medical profession to be [appointed] by the Central
Government in consultation with such organisation of medical practitioners as may be
recognised for the purpose by the Central Government

(i) Three members of Parliament of whom two shall be members of the House of the People
(Lok Sabha) and one shall be a member of the Council of States (Rajya Sabha) elected
respectively by the members of the House of the People and the members of the Council of
States.

Eligibility for re-nomination or re-election:

An outgoing member of the Corporation, the Standing Committee, or the Medical Benefit
Council shall be eligible for [re-appointment] or re-election as the case may be.
ABCDs of Government
Centre for Civil Society 64
Employee State Insurance:
For a handful of contribution,
a bagful of benefit

Introduction:
The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare
legislation enacted primarily with the object of providing certain benefits to employees in
case of sickness, maternity and employment injury and also to make provision for certain
others matters incidental there to. The Act in fact tries to attain the goal of socio-economic
justice enshrined in the Directive principles of state policy under part 4 of our constitution, in
particular articles 41, 42 and 43 which enjoin the state to make effective provision for
securing, the right to work, to education and public assistance in cases of unemployment, old
age, sickness and disablement. The act strives to materialise these avowed objects through
only to a limited extent. This act becomes a wider spectrum then factory act. In the sense that
while the factory act concerns with the health, safety, welfare, leave etc of the workers
employed in the factory premises only. But the benefits of this act extend to employees
whether working inside the factory or establishment or else where or they are directly
employed by the principal employee or through an intermediate agency, if the employment is
incidental or in connection with the factory or establishment.

The Beginning:
The Employee State Insurance act was promulgated by the Parliament of India in the
year 1948.To begin with the ESIC scheme was initially launched on 2 February 1952 at just
two industrial centers in the country namely kanpur and Delhi with a total coverage of about
1.20 lac workers. There after the scheme was implemented in a phased manner across the
country with the active involvement of the state government

Applicability:
The ESIC Act applies to non-seasonal, power using factories or manufacturing units
employing ten or more persons and non-power using establishments employing twenty or
more persons. Under the enabling provisions of the act, a factory or establishment, located in
a geographical area, notified for implementation of the scheme, falls in the purview of the act.
Employees of the aforesaid categories of factories or establishments, but drawing wages only
up to Rs 6,500 a month are entitled to health insurance cover under the ESI act. The wage
ceiling for purpose of coverage is revised from time to time; to keep pace with rising cost of
living and subsequent wage hikes. The present ceiling of Rs 6,500 has been effective from 1
January 1997 the appropriate government state or central is empowered to extend the
provision of the ESI Act to various classes of establishment, industrial, commercial,
agricultural or otherwise in nature. Under these enabling provisions most of the state
governments have extended the ESI act to certain specific classes of establishments. Like
shops
1ESI Act.1948. Sec.1
ABCDs of Government
Centre for Civil Society 65
Hotels, restaurants, cinemas, employing 20 or more persons.2 But no industry has the right to
opt out of the scheme.

Wage ceiling for coverage:

The monthly wage limit for coverage under the ESI act would be such as prescribed
by the central government in the ESI [central] rules, 1950. The existing wage ceiling for
coverage [excluding remuneration for over-time work] is Rs.6500 per month [rule 50 of ESI
central rules, 1950]. An employee who is covered at the beginning of a contribution period
shall continue to remain covered till the end of that contribution period notwithstanding the
fact that his wages may exceed the prescribed wage ceiling at any time after the
commencement of that contribution period. Wage ceiling for purpose of coverage is revised
from time to time by the central government on the specific recommendation of the
corporation, at present the corporation has recommended for the increase of the wage limit to
Rs 10,000 and its implementation is awaited.

Bar against recovery of compensation or damages under any other law:

An insured person or his dependants shall not be entitled to receive or recover,
whether from the employer or any other person, any compensation or damages under the
Workmen’s Compensation act or Provident Fund act or any other law for the time being in
force, in respect of an employment injury sustained by the insured person as an employee
under this act.3 If there is any change in the provident fund act, it doesn’t affect the ESIC
Act. The difference between employee and insured person is that employee is the person who
makes the contribution to the scheme and get benefits and IP’s may or may not be the
contributors to the scheme but are entitled to the benefits by virtue of earlier contribution or
insured employment.

Coverage:
With the implementation of ESI scheme, at just two industrial centres in 1952, namely
kanpur and Delhi, there was no looking back since then in terms of its geographic reach and
demographic coverage. Keeping pace with the process of industrialization, the scheme today
stands implemented at over 679 centres in 25 states and union territories. The Act now
applies to 230 thousand factories and establishments across the country, benefiting about 8.30
million family units of workers in the wage brackets. As of now, the total beneficiary
population stands at about 32 million.4

Administration:
The comprehensive and well-designed social security programme is administered by
an apex corporate body called the Employee State Insurance Corporation. It comprises
members representing vital interest groups that include, employee, employers, the central and
state government, besides, representatives of parliament and medical profession. The
corporation is headed by the union minister of labour, as its chairman, where as, the director
general, appointed by the central government functions as its chief executive officer. A
standing committee constituted from amongst the members of the corporation, acts as an
executive body. The medical benefit council, constituted by the central government, is yet
another statuary body that advises the corporation on matters related to effective delivery
services to the beneficiary population. The corporation with its central head quarters at New
Delhi, operates through a network of 26 regional and sub- regional offices located in various
state. The respective state governments take care of the administration of medical benefit.
Except in case of Delhi and Noida, greater Noida areas of Uttar pradesh, where, the
corporation
administers medical facilities directly.5
2 ESI Act.1948.Sec.1
3 ESI Act.1948. Sec.53&61
4 2001-2002. ESI Annual Report
5 ESI Act 1948. Sec 8,9,10.
ABCDs of Government
Centre for Civil Society 66

Finance:
Like most of the social security schemes, the world over, ESI scheme is a self-
financing health insurance scheme. Contributions are raised from covered employees and
their employers as a fixed percentage of wages. As of now, covered employees contribute
1.75% of the wages, whereas as the employers contribute 4.75% of the wages, payable to the
insured persons. Employers earning less than Rs 40 a day as daily wage are exempted from
payment of their share of contribution. The state government as per the provision of the act
contributes 1/8 of the expenditure on medical benefit within a per capita ceiling of Rs.600 per
insured person per annum. Any additional expenditure incurred by the state government, over
and above the ceiling, and not falling within the shareable pool, is borne by the state
governments concerned.6 The contribution is deposited by the employer in cash or by
cheaque at the designated branches of some nationalised banks. The responsibility for
payment of all contributions is that if the employer with a right to deduct the employees share
of contribution from employees wages relating to the period in respect of which the
contribution is payable 7.

Contribution periods and benefit period:

Workers, covered under the ESI Act, are required to pay contribution towards the
scheme on a monthly basis contribution period means a six-month time span from 1 April to
30 October and 1 November to 31 March. Thus, in a financial year there are two contribution
periods of six months duration. Cash benefits under the scheme are generally linked with
contribution paid. The benefit period starts their months after the closure of a contribution
period,
Contribution period corresponding benefit period
1 April to 30 September 1 January to 30 June of the following year
1 October to 31 march 18 July to 31 December
Registration:
Simultaneously with his or her entry into employment in a covered factory or
establishment, an employee is required to fill in a declaration form. The employee is then
allotted a registration number, which distinguishes and identifies the person for the purposes
of the scheme. A person is registered once and only upon his entry in insurable employment.

Identity card:
On registration every insured person is provided with a ‘temporary identification
certificate’ which is valid ordinarily for a period of three months but may be extended, if
necessary, for a further period of 3 months. Within this period, the insured person is given a
permanent ‘family photo identity card’ in exchange for the certificate. The identity card
serves as a means of identification and has to be produced at the time of claiming medical
care at the dispensary/ clinic and cash benefit at the local office of the corporation. In the
event of change of employment, it should be produced before the new employer as evidence
of registration under the scheme to prevent any duplicate registration. The identity card bears
the signature/thumb impression of the insured person. Since medical benefit is also available
to the families of Insured persons, the particulars of family members entitled to medical
benefit are also given in the identity card affixed with a postcard size family photo. If your
identity card is lost, a duplicate card is issued on payment as prescribed.9
6 ESI Act 1948. Sec 38.
7 Employees Guide-2003 ‘Know Your Scheme’
8 ESI Act 1948. Sec.11.
9 Employees Guide- ESIC.
ABCDs of Government
Centre for Civil Society 67

Appointment of office bearers:

The doctors in the ESI hospitals, staffs and other office bearers of ESIC are appointed
by the respective state governments, except in Delhi where they are appointed by the ESI
Corporation.
Local office:
A network of local office has been established by the corporation in all implemented
areas to disburse all claims for sickness, maternity, disablement and dependents benefit. The
local office answers all doubts and inquiries and assists otherwise in filling in claim forms
and completing other action necessary in connection with the settlement of claims. These
office also interact with the employers of the area. The local offices are managed by a
manager and work under the control of the regional office.

Infrastructure:
Ever since its inception in 1952, the infrastructural network of the scheme has kept
expanding to meet the social security requirements of an ever-increasing worker population.
ESI corporation has, so far, set up 138 hospitals and 43 hospital annexes with about 26,000
beds for inpatients services are provided through network of 1,443 ESI dispensaries, 3,000
panel clinics and over 300 diagnostic centres, the corporation has set up five occupational
disease centers, one each at mumbai, Delhi, Calcutta, Chennai, Nagda for early detection and
treatment of occupational diseases prevalent among workers employed in hazardous
industries. For payment of cash benefits, the corporation operates through a network of over
840 local offices and cash offices, whose functioning is supervised by theregional/ sub-
regional offices. At the grass root level, services delivery units, comprising dispensaries,
clinics, hospitals and local offices etc are the mainstay of the huge service intensive.

Social security benefits:

Quantum, scale and contributory conditions
Employees covered under the scheme are entitled to medical facilities for self and
dependants. They are also entitled to cash benefits in the event of specified contingencies
resulting in loss of wages or earning capacity. The insured women are entitled to maternity
benefit for confinement. Where death of an insured employee occurs due to employment
injury or occupational disease, the dependants are entitled to family pension. Various benefits
that the insured employees and their dependants are entitled to, the duration of benefits and
contributory conditions therefor are as under
1. Medical benefit
Full medical facilities for self and dependants are admissible from day one of entering
insurable
employment. Whereas, the primary, out patient, in patient and specialist services are provided
through a network of panel clinics, ESI dispensaries and hospitals, super specialty services
are
provided through a large number of advanced empanelled medical institutions on referral
basis
.
Eligibility to medical benefit
• From day one of entering insurable employment for self and dependants such as spouse,
parents and children own or adopted.
• For self and spouse on superannauation subject to having completed five years in insurable
employment on superannuation or in case of having suffered permanent physical
disablement during the course of insurable employment.
• The rate of contribution for superannuated/ disabled is Rs 1,220 per annum payable in lump
sum at the local office for availing full medical care for self and spouse.
10 An Introduction- ESIC Scheme of India.
11 ESI Act 1948. Sec 56.
ABCDs of Government
Centre for Civil Society 68

2. Sickness benefit [cash]

Sickness benefit is payable to an insured person in cash, in the event of sickness resulting in
absence from work and duly certified by an authorised insurable medical officer/ practitioner.
• The benefit becomes admissible only after an insured has paid contribution for at least 78
days in a contribution period of 6 months.
• Sickness benefit is payable for a maximum of 91 days in two consecutive contribution
period. [one year]
• Payment is to be made by the local office within 7 days of certificate of sickness at a
standard
rate, which is not less than 50% of the wages. [The logic behind fixing of 78 & 91 days of
contribution is based on certain statistics worked by the corporation to give cash benefits. But
the officials in the corporation don’t know how it is fixed.]

3. Extened sickness benefit [cash]

Extended sickness benefit is payable to insured persons for the period of certified sickness in
case of specified 34 long-term diseases that need prolonged treatment and absence from work
on medical advice.
• For entitlement to this benefit an insured person should have been in insurable employment
for at least 2 years. He/ she should also have paid contribution for a minimum of 156 days in
the preceding 4 contribution periods or say 2 years.
• ESI is payable for a maximum period of 2 years on the basis of proper medical certification
and authentication by the designated authority.
• Amount payable in cash as extended sickness benefit is payable within 7 days following the
submission of complete claim papers at the local office concerned.

4. Enhanced sickness benefit [cash]

This cash benefit is payable to insured persons in the productive age group for under going
sterilisation operation, viz., vasectomy/ tubectomy.
• The contribution is the same as for the normal sickness benefit.
• Enhanced sickness benefit is payable to the IP’s for 14 days for tubectomy and for seven
days in case of vasectomy.
• The amount payable is double the standard sickness benefit rate that is, equal to equal to full
wages.

5. Maternity benefit [cash]

Maternity benefit is payable to insured women in case of confinement or miscarriage or
sickness
related thereto.
• For claiming this an insured woman should have paid for at least 70 days in 2 consecutive
contribution periods i.e. 1 year.
• The benefit is normally payable for 12 weeks, which can be further extended up to 16
weeks
on medical grounds.
• The rate of payment of the benefit is equal to wage or double the standard sickness benefit
rate.
• The benefit is payable within 14 days of duly authenticated claim papers.

6. Disablement benefit [cash]

Disablement benefit is payable to insured employees suffering from physical disablement due
to
employment injury or occupation disease.
• An insured person should be an employee on the date of the accident.
12 ESI Act 1948. Sec 49.
13 ESIC Scheme of India Citizens Charter
14 ESI Act 1948. Sec 50.
ABCDs of Government
Centre for Civil Society 69
• Temporary disablement benefit at 70% of the wages is payable till temporary disablement
lasts and is duly certified by authorised insurance medical officer.
• In case of permanent disablement, the cash benefit is payable is payable for life. Amount
payable is worked out on the basis of earning capacity determined by a medical board.
• Disablement benefit is payable within one month of submission of the complete claim
papers.

7. Dependands benefits [cash]

Dependants benefit [family pension] is payable to dependants of a deceased insured person
where
death occurs due to employment or occupational disease.
• A widow can receive this benefit on a monthly basis for life or till remarriage.
• A son or daughter can receive this benefit till 18 years of age.
• Other dependants like parents including a widowed mother can also receive the benefit un
under certain condition.
• The rate of payment is about 70% of the wages shareable among dependants in a fixed ratio.
• The first installment is payable within a maximum of 3 months following the death of an
insured person and thereafter, on a regular monthly basis.
8. Other benefits
a. a. Funeral expenses
On the death of an insured person subject to a maximum of a Rs. 2,500 payable at the local
office.
b. Vocational rehabilitation
In case of disabled insured persons under 45 years of age with 40% or more disablement.
c. Free supply of physical aids and appliances such as crutches, wheelchairs, spectacles and
other
such physical aids.
d. Preventive health cares services such as immunization, family welfare services,
HIV/AIDS
detection, treatment etc.
e. Medical bonus Rs250 is paid to an insured woman or in respect of the wife of an insured
person in
case she does not avail hospital facilities of the scheme for child delivery.

The strategy:
Thus the only way to achieve this goal is by participation of citizens groups and other
non-profit agencies that advocate for workers’ health care rights. These groups can pressurise
ESIC at the local level to improve medical services, the supply of medicines, and benefits
related to accidents and occupational disease. Many of the agencies are addressing this
aspect, but overall coordination has been lacking. These lobbying groups should join force
with the workers’ watchdog committee and start a bigger movement to generate pressure on
the ground for legalised rights of workers in helping them to form and monitor the ESIC.
Change can only come about on the basis of building up consistent grassroots-based pressure
groups regionally and nationally. The media, which has shown favor towards the contributing
employees regarding the issue of the ESIC in the past, will also be leveraged effectively.
Together they can work to broaden the scope of the ESIC coverage to the informal sector
through the 73 amendment of the constitution, which calls for local self-governance from the
village to the district levels

.
 • Eligibility

1) Any person employed for wages (up to Rs. 6,500) in or in

connection with the work of a factory or establishment end.

2) Any person who is directly employed by the employer in a factory

or through his agent on work which is ordinarily part of the work of
the factory or incidental to purpose of the factory.

• Benefits

1) Free medical treatment is offered to covered employees at hospital

and dispensaries run by the ESI Corporation.

2) About 7/12th of employees normal wage will be payable to him by

ESI during sickness.

3) Maternity benefit for 12 weeks of which not more than 6 weeks

should be preceding confinement.

4) Injury during/in course of employment resulting in

temporary/permanent disablement entitles the covered employee to a
regular payment to substitute his lost wages.

5) Death during course of employment entitles specified dependents

to a regular payment.

6) One time payment of Rs. 1,500 to help meet funeral expenses.

 • Penal Provisions

1) For employees’ contribution : Imprisonment for minimum 2 yrs. to

maximum 5 yrs. and/or fine of Rs. 25,000/- .

2) For employer’s contribution : Imprisonment for minimum 6

months to maximum 3 yrs. and/or fine of Rs. 10,000/- .

Principal Officers and staff:

Principal officer {sec16}

1. The central govt may in consultation with the corporation oppiont the
following principal officers of the corporation, namely

a. A director general of employees state insurance corporation

b. An insurance commissioner
c. A medical commissioner
d. A chief accounts officer
e. An actuary

2. The director general shall be chief executive officer of the corporation

3. The principal officers are whole time officers of the corporation and shall not
under take any work un connected with their office with out the sanction of the central
govt and of the corporation.
4. The principal officer shall hold office for such period not exceeding 5 years
and is eligible for reappointment if otherwise qualified
5. A principal officer shall receive such salary and allowances as may be
prescribed by the central govt
6. A person is disqualified from being appointed a principal officer if he is
subject to any of the disqualification.
Staff {sec17}

The corporation may employees such other staff of officers and servents as may be
necessary for the efficient transaction of its business. But the sanction of the central govt has
to be obtained for any post with a maximum monthly salary exceeding Rs 2250 and above.

Corporation officers and servents to be public servants {sec93}. All officers and
servants of the ESI corporation shall be deemed to be public servants within the meaning of
sec21 of the Indian penal code 1860.

Inspectors

The ESI corporation may appoints such persons as inspectors as it thinks fit for the
purpose of act with in such local limit as it may be assign to them {sec45(1)}.

Reference:

S.K. Puri & www.google.com

THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS
PROVISION ACT 1952

History:
The employees provident fund and miscellaneous provision act, 1952 is a piece of
social welfare legislation; a beneficent measure, enacted for the purpose of institution of
providers fund for employees in factories and other establishment. The provisions are
intended for the better future of the industrial worker on his retirement and also for his
dependents, in the event of his death in the course of employment. The act provided for the
institution of compulsory provident fund, family pension fund and deposit linked insurance
fund for the benefit of the employees.

Objectives of the Act:

• To provide benefit regarding with the retirement, of the worker and in case of early
death.

• The objective is to provide substantial security and timely monitory assistance to

employees and their families.

• To provide old age benefit and early death of the bread-winner and in some other
contingencies.

Application of the Act:

The employees’ provident fund and miscellaneous act, 1952 is applicable from the
date of set-up of establishments, provided the factory/establishment employed 20 or more
persons. The act, however, does not apply to co-operative society’s employees less than 50
persons and working without the aid of power. The central government is empowered to
apply the provisions of this act to any establishment employing less than 20 persons after
giving not less than two months’ notice of is intention to do so by a notification in the office
of gazette.

The Fallowing Definitions Are Given In The Act:

 EMPLOYEE

 EMPLOYER
  MEMBERSHIP

The Employees’ Provident Fund Scheme:

Contributions:
The statutory rate of contribution to the provident fund by the employs and the
employers, as prescribed in the act, is 10% of the pay of the employees.

The act, however, provides that the central government may, after making such
enquiries as it deems fit, enhance the statutory rate of contribution to 12% of wages in any
industry or class of establishment.

1) Employer’s contribution the employer required contributing the fallowing

amounts; towards employees, provident fund and pension fund.

a) In case of employees less than 202 in the establishment of jute, beedi, brick,
coir or gum industry -10% of the basic wage, dearness allowance and retaining
allowance, if any.

b) In case of all other establishments employing 201 or more persons – 12% of

the wage, D.A etc.

2) Towards Deposit-Linked Insurance Fund:

0.5 % of the wages, D.A etc.

And also it includes:

Wages not to be reduced on account on of Employer’s contribution

Employers to Deduct Employee’s Contribution

Administration charges

Time and Mode of Deposit

Challens/Forms an\available at

Investment of funds and interest

 Contribution Cards

Monthly Returns of Contributions

Annual contribution Statement

EPF Interest rate

Withdrawers

Nomination

Transfer

Account slips

Exemptions

REFERENCE:
B.D SINGH
EMPLOYEES PROVIDENT FUND ACT-1952

Introduction:-
Every worker wants security & maintenance for old age. The provident Fund act-
1952 deals with provident funds relating to only Govt., railways and local authorities.
Therefore, it was considered desirable to introduce a private scheme for industrial workers.
As a result, the provident fund act 1952 was passed which initially provided for payment of
pension fund to employees in industries specified in schedule-1.

Definitions:

Employee Definition:
"Employee" as defined in Section 2(f) of the Act means any person who is
employed for wages in any kind of work, manual or otherwise, in or in connection with the
work of an establishment, and who gets wages directly or indirectly from the employer and
includes any person employed by or through a contractor in or in connection with the work of
the establishment.

Membership:
All the employees (including casual, part time, Daily wage contract etc.) other then
an excluded employee are required to be enrolled as members of the fund the day, the Act
comes into force in such establishment.

Basic Wages:
"Basic Wages" means all emoluments which are earned by employee while on duty or
on leave or holiday with wages in either case in accordance with the terms of the contract of
employment and witch are paid or payable in cash, but dose not include

a. The cash value of any food concession;

b. Any dearness allowance (that is to say, all cash payment by whatever name called
paid to an employee on account of a rise in the cost of living), house rent allowance,
overtime allowance, bonus, commission or any other allowance payable to the
employee in respect of employment or of work done in such employment.
c. Any present made by the employer.
Excluded Employee:
"Exclude Employee" as defined under para 2(f) of the Employees' Provident Fund
Scheme means an employee who having been a member of the fund has withdraw the full
amount of accumulation in the fund on retirement from service after attaining the age of 55
years; Or An employee, whose pay exceeds Rs. 5000 per month at the time, otherwise
entitled to become a member of the fund.

Objective:
The act is designed to provide a substantial measure of financial security and timely
monetary assistance to the industrial workers and their families through the institution of
compulsory provident funds.

Extent:
The act extends to the whole of India except the state of jammu & Kashmir.

Applies for:
The statutory scheme applies to---

A]whose monthly salary or wages are upto Rs.6500

B]who are employeed in factories,employing 20 or more persons

C]who are engaged in scheduled industries and activities listed under tha act.

Employee Provident Fund Scheme:

Employees' Provident Fund Scheme takes care of following needs of the members:
(i) Retirement

(ii) Medical Care

(iii) Housing
(iv) Family obligation

(v) Education of Children

(vi) Financing of Insurance Polices
How the Employees' Provident Fund Scheme works:
As per amendment-dated 22.9.1997 in the Act, both the employees and employer
contribute to the fund at the rate of 12% of the basic wages, dearness allowance and retaining
allowance, if any, payable to employees per month. The rate of contribution is 10% in the
case of following establishments:

• Any covered establishment with less then 20 employees, for establishments cover
prior to 22.9.97.
• Any sick industrial company as defined in clause (O) of Sub-Section (1) of Section 3
of the Sick Industrial Companies (Special Provisions) Act, 1985 and which has been
declared as such by the Board for Industrial and Financial Reconstruction,
• Any establishment which has at the end of any financial year accumulated losses
equal to or exceeding its entire net worth and

Any establishment engaged in manufacturing of (a) jute (b) Breed (d) coir and (e) Guar
gum Industries/ Factories. The contribution under the Employees' Provident Fund Scheme by
the employee and employer will be as under with effect from 22.9.1997.

Withdrawal before retirement:

A member can withdraw upto 90% of the amount of provident fund at credit after
attaining the age of 54 years or within one year before actual retirement on superannuation
whichever is later. Claim application in form 19 may be submitted to the concerned Provident
Fund Office.

Accumulations of a deceased member:

Amount of Provident Fund at the credit of the deceased member is payable to
nominees/ legal heirs. Claim application in form 20 may be submitted to the concerned
Provident Fund Office.

Transfer of Provident Fund account:

Transfer of Provident Fund account from one region to other, from Exempted
Provident Fund Trust to Unexampled Fund in a region and vice-versa can be done as per
Scheme. Transfer Application in form 13 may be submitted to the concerned Provident Fund
Office.
Nomination:
The member of Provident Fund shall make a declaration in Form 2, a nomination
conferring the right to receive the amount that may stand to the credit in the fund in the event
of death. The member may furnish the particulars concerning himself and his family. These
particulars furnished by the member of Provident Fund in Form 2 will help the Organization
in the building up the data bank for use in event of death of the member.

Annual Statement of account:

As soon as possible and after the close of each period of currency of contribution,
annual statements of accounts will de sent to each member through of the factory or other
establishment where the member was last employed. The statement of accounts in the fund
will show the opening balance at the beginning of the period, amount contribution during the
year, the total amount of interest credited at the end of the period or any withdrawal during
the period and the closing balance at the end of the period. Member should satisfy themselves
as to the correctness f the annual statement of accounts and any error should be brought
through employer to the notice of the correctness Provident Fund Office within 6 months of
the receipt of the statement.

REFERENCES –

INDUSTRIAL RELATIONS

AND LABOUR LAWS

BY P.C.TRIPATI AND C.B.GUPTA

www.epfindia.com
MATERNITY BENEFIT ACT 1961
Economic dependence of women is what gives rise to their subordination in society
today. Hence to remove such subordination and to lay the foundation of equality women too
must be made economically independent and must take an active role in all sectors of
business today. To support such initiative the Government must provide some conditions
which are suitable for the needs of women.

Problems faced by women in the economic sphere of life are mostly relating to
unequal wages and discrimination resulting from their biological role in nature of
childbearing. To curb such problems and protect the economic rights of women the
legislature introduced the Equal Remuneration Act 1976 and the Maternity Benefit Act of
1961.

Maternity benefits were first recognized when the Maternity Protection Conference
was held by the International Labour Organization in 1919. In a case in 1977, B. Shah v. P.O.
It was held that women need to be withdrawn from the workforce during pregnancy and after
the birth also they need the steady income for medical expenses etc. and therefore to preserve
her health law should make provisions for maternity benefit so women can ensure their
productivity as well as reproductivity.

A maternity benefit is one that every woman shall be entitled to, and her employer
shall be liable for, the payment of maternity benefit, which is the amount payable to her at the
rate of the average daily wage for the period of her actual absence.

The Maternity Benefit Act aims to regulate of employment of women employees in

certain establishments for certain periods before and after childbirth and provides for
maternity and certain other benefits.

The Maternity Benefit Act is applicable all across the whole Union of India and is
pertinent to every factory, mine or plantation including those belonging to Government,
irrespective of the number of employees, and to every shop or establishment wherein 10 or
more persons are employed or were employed on any day of the preceding 12 months.
Women can claim benefits under the act everywhere except in factories and other
establishments where the Employee’s State Insurance Act is applicable. Sec.2 of this Act lays
down its applicability where it states that this act must be followed in all Governmental
establishments such as factories, mines, and other plantations where people are employed for
the exhibition of equestrian and acrobatic skills. Also it applies to shops or any state owned
stores or markets where at least ten people are employed and the person must have been
working for at least 12 months to avail of the maternity benefits. Women are eligible to gain
benefits under the act if the woman employee, whether employed directly or through a
contractor, has actually worked in the establishment for a period of at least 80 days during the
12 months immediately preceding the date of her expected delivery. The qualifying period of
80 days does not apply to a woman who may have immigrated into the State of Assam and
was pregnant at the time of immigration. There is no wage ceiling for coverage under the Act
nor there is any restriction as regards the type of work a woman is engaged in.

The maximum period for which any woman shall be entitled to maternity benefit shall
be twelve weeks of which not more than six weeks shall precede the date of her expected
delivery.

Section 4 of this act states when women are prohibited to work under certain
circumstances- firstly, within six weeks that immediately follow the day of delivery,
miscarriage or termination of pregnancy, secondly, no employer should knowingly employ
them within the six weeks of above circumstances, thirdly, pregnant women on request by
employer are not allowed to do any work which involves standing for long hours or any
activity which may be harmful to the fetus. The time period for this will be one month
preceding the expected delivery date or any period during the six weeks when she is not to be
working but does not avail of this leave. In the B.Shah v. P.O. case it was held that 100%
wages were to be provided for all days of leave as well as benefits such a Sundays and rest
days as wages were being given for actual number of working days missed.

Section 5-A guarantees women the security of tenure during such period of leave.
Their employer will continue to pay her wages even though she is unable to attend work.

In case a woman dies during this period, the maternity benefit shall be payable only
for the days up to and including the day of her death. In case the woman dies during the
delivery or within a short period after it then the employer is liable for the entire period but if
the child dies then for the days up to and including the date of death of the child. The loss of
both wife and child can be very emotionally scarring and the husband will be paid the
compensation of maternity benefit. Women who work strenuous hours during the course of
their employment can develop stressful tendencies. When they reach a certain age they are
expected to start a family and due to their hectic schedules they develop complications while
conceiving. Hence for a certain period of time women should be allowed their personal rights
to give birth to healthy children and take care of the infants till a certain period of time while
getting support from their employing establishment as medical expenses as well as costs of
taking care of newborn children are expensive. Maternity benefit is paid in certain cases:a)to
women who are employed in factories or other institutions where the provisions of the
Employees’ State Insurance Act applyb)whose wages for a month exceed the amount
specified in sub clause (9) of sec.2 of the Actc)who fulfills the conditions specified in sub
section (2) of sec.5shall be entitled to the payment of maternity benefit under this Act.

Under sec.6 a Notice of claim for maternity benefit must be provided. A woman
employee entitled to maternity benefit may give a notice in writing (in the prescribed form) to
her employer, stating as follows:i.that her maternity benefit may be paid to her or to her
nominee (to be specified in the notice);ii.that she will not work in any establishment during
the period for which she receives maternity benefit; and iii.that she will be absent from work
from such date (to be specified by her), which shall not be earlier than 6 weeks before the
date of her expected delivery.

Discharge or dismissal during maternity leave is considered to be void. When a

pregnant woman absents herself from work in accordance with the provisions of this Act, it
shall be unlawful for her employer to discharge or dismiss her during, or on account of, such
absence, or give notice of discharge or dismissal in such a day that the notice will expire
during such absence or to vary to her disadvantage any of the conditions of her services.
Dismissal or discharge of a pregnant woman shall not disentitle her to the maternity benefit
or medical bonus allowable under the Act except if it was on some other ground.

Women are entitled to these benefits as the child bearing process is intensely painful
and can cause bodily damage. This may severely affect the future work of the woman as an
employee and decrease her productivity. Hence a certain amount of time, usually six weeks is
given for recovery and nursing of the newborn child. Such leave may also be extended in
special cases related to pregnancy such as miscarriage or termination of pregnancy. Special
provisions are made for miscarriage.

‘In case of miscarriage or medical termination of pregnancy, a woman shall, on

production of the prescribed proof, be entitled to leave with wages at the rate of maternity
benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical
termination of pregnancy’
 As per sec.9 of the Maternity Benefits Act. For a Tubectomy operation as well
prescribed proof must be provided and two weeks leave will be provided by the employer.
Leave for a maximum period of one month with wages at the rate of maternity benefit are
allowable in case of illness arising out of pregnancy, delivery, premature birth of child,
miscarriage or medical termination of pregnancy or tubectomy operation. Every woman
entitled to maternity benefit shall also be allowed a medical bonus of Rs. 250, if no pre-natal
confinement and post-natal care is provided for by the employer free of charge.

For women who return to their services with the employing agency after the leave
provided a special provision for two breaks in the working day for a prescribed period of time
for nursing the child till the age of fifteen months. This gives women a feeling of
convenience as they do not have extra hassles of running home from time to time or the
inconvenience of losing their status of employment.

The main authority on this Act is the Central Government which determines the
extent of Act and makes rules to enforce it.

Its main aims are to give directions to the State Government regarding execution of
the act, and where the appropriate Government is the Central Government, to make rules for
carrying out the provisions of this act, to exempt establishments from any or all provisions of
the act. Where the appropriate government is the State Government, to make rules for the
purpose of carrying out the provisions of this act, to exempt establishments from any or all
provisions of the act. The duty of the Inspector appointed is to implement and enforce the
provisions of the act and to hear complaints regarding payment of maternity benefit. He or
she can enter at reasonable times with assistants, any premises where women are employed,
examine any person, require the employer to give information regarding women employees,
take copies of registers or records, order payments to be made.

Failure to pay maternity benefits or discharge or unemployment of woman due to

maternity will result in imprisonment of the employer for not less than three months which
may extend to one year and a fine of rupees two thousand which may extend to five thousand.
For contravening the provisions of this Act and obstructing the Inspector from viewing
registers and documents can also result in imprisonment of one year and fine of rupees five
thousand.
 It is seen that there are provisions for women who do undergo inconvenience at a
stage when they are starting families and are given many benefits such as paid leave etc. This
is however not enough as many employers do not hire married women or dismiss them before
pregnancy. The Act provides some protection to women economically especially today in an
age where single mothers are becoming more prevalent it gives them stability in their lives to
have their wages and the security of returning to a steady job. My personal views are that this
Act is not enough to guarantee women equality and economic security but it is definitely a
starting step and though there are several bridges to cross, the first step has been initiated and
in today’s progressing world the future for women’s equality shines brightly.

An Act to regulate the employment of women in certain establishments for certain

period before and after child-birth and to provide for maternity benefit and certain other
benefits. Be it enacted by Parliament in the Twelfth Year of the Republic of India as
follows:-

1. Short title extent and commencement:

(1) This Act may be called the Maternity Benefit Act, 1961.
(2) It extends to the whole of India [1] [* * *].
(3) It shall come into force on such date [2] as may be notified in this behalf in the Official
Gazette,-
[3] (a) in relation to mines and to any other establishment wherein persons are employed for
the exhibition of equestrian, acrobatic and other performances, by the Central Government;
and]
(b) in relation to other establishments in a State, by the State Government.

2. Application of Act:

[4] [(1) It applies in the first instance,-

(a) to every establishment being a factory, mine or plantation including any such
establishment belonging to Government and to every establishment wherein persons are
employed for the exhibition of equestrian, acrobatic and other performances;

(b) to every shop or establishment within the meaning of any law for the time being in force
in relation to shops and establishments in a State, in which ten or more persons are employed,
or were employed, on any day of the preceding twelve months:]
Provided that the State Government may, with the approval of the Central Government, after
giving not less than two month's notice of its intention of so doing, by notification in the
Official Gazette, declare that all or any of the provisions of this Act shall apply also to any
other establishment or class of establishments, industrial, commercial, agricultural or
otherwise.
(2) [5] [Save as otherwise provided in [6] [Sections 5A and 5B] nothing contained in this
Act] shall apply to any factory or other establishment to which the provisions of the
Employees' State Insurance Act, 1948 (34 of 1948) apply for the time being.

3. Definitions:
In this Act, unless the context otherwise requires,-
(a) “appropriate Government- means, in relation to an establishment being a mine [7] [or an
establishment wherein persons are employed for the exhibition of equestrian, acrobatic and
other performances] the Central Government and in relation to any other establishment the
State Government;
(b) “child- includes a still-born child;
(c) “delivery- means the birth of a child;
(d) “employer- means-

(i) in relation to an establishment which is under the control of the Government a person or
authority appointed by the Government for the supervision and control of employees or
where no person or authority is so appointed, the head of the department;
(ii) in relation to an establishment under any local authority, the person appointed by such
authority for the supervision and control of employees or where no person is so appointed,
the chief executive officer of the local authority;
(iii) in any other case, the person who, or the authority which, has the ultimate control over
the affairs of the establishment and where the said affairs and entrusted to any other person
whether called a manager, managing director, managing agent, or by any other name, such
person;
[8] [(e) establishment- means-
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of equestrian,
acrobatic and other performance; [9] [***]
[10] [(iva) a shop or establishment; or]
(v) an establishment to which the provisions of this Act have been declared under sub-section
(1) of Section 2 to be applicable;]
(f) “factory- means a factory as defined in clause (m) of Section 2 of the Factories Act 1948
(63 of 1948);
(g) “Inspector- means an Inspector appointed under Section 14;
(h) “maternity benefit- means the payment referred to in sub-section (1) of Section 5;
[11] [(ha) “medical termination of pregnancy- means the termination of pregnancy
permissible under the provisions of Medical Termination of Pregnancy Act, 1971];
(i) “mine- means a mine as defined in clause (j) of Section (2) of the Mines Act, 1952 (35 of
1952);
(j) “miscarriage- means expulsion of the contents of a pregnant uterus at any period prior to
or during the twenty-sixth week of pregnancy but does not include any miscarriage, the
causing of which is punishable under the Indian Penal Code (45 of 1860);
(k) “plantation- means a plantation as defined in clause (f) of Section 2 of the Plantations
Labour Act, 1951 (69 of 1951);
(l) “prescribed- means prescribed by rules made under this Act;
(m) “State Government-, in relation to a Union territory, means the Administrator thereof;
(n) “wages- means all remuneration paid or payable in cash to a woman, if the terms of the
contract of employment, express or implied, were fulfilled and includes-
(1) such cash allowances (including dearness allowance and house rent allowance) as a
woman is for the time being entitled to,
(2) incentive bonus, and
(3) the money value of the concessional supply of foodgrains and other articles, but does not
include-
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment made on account of fines;
(iii) any contribution paid or payable by the employer to any pension fund or provident fund
or for the benefit of the woman under any law for the time being in force; and
(iv) any gratuity payable on the termination of service;
(o)“woman- means a woman employed, whether directly or through any agency, for wages in
any establishment.
4. Employment of or work by, women prohibited during certain periods:
(1) No employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery, [12] [miscarriage or medical termination of
pregnancy].
(2) No women shall work in any establishment during the six weeks immediately following
the day of her delivery [13] [miscarriage or medical termination or pregnancy].
(3) Without prejudice to the provisions of Section 6, no pregnant women shall, on a request
being made by her in this behalf, be required by her employer to do during the period
specified in sub-section (4) any work which is of an arduous nature or which involves long
hours of standing, or which in any way is likely to interfere with her pregnancy or the normal
development of the foetus, or is likely to cause her miscarriage or otherwise to adversely
affect her health.
(4) The period referred to in sub-section (3) shall be-
(a) The period of one months immediately preceding the period of six weeks, before the date
of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not
avail of leave of absence under Section 6.

5. Right to payment of maternity benefits:

[14] [(1) Subject to the provisions of this Act, every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit at the rate of the average daily
wage for the period of her actual absence, that is to say, the period immediately preceding the
day of her delivery, the actual day of her delivery and any period immediately following that
day.]
Explanation.-For the purpose of this sub-section, the average daily wage means the average
of the woman's wages payable to her for the days on which she has worked during the period
of three calendar months immediately preceding the date from which she absents herself on
account of maternity, [15] [the minimum rate of wage fixed or revised under the Minimum
Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest].
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit, for a period of not
less than [16] [eighty days] in the twelve months immediately preceding the date of her
expected delivery:
Provided that the qualifying period of [17] [eighty days] aforesaid shall not apply to a woman
who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation.-For the purpose of calculating under the sub-section the days on which a woman
has actually worked in the establishment [18] [the days for which she has been laid off or was
on holidays declared under any law for the time being in force to be holidays with wages]
during the period of twelve months immediately preceding the date of her expected delivery
shall be taken into account.
[19] [(3) The maximum period for which any woman shall be entitled to maternity benefit
shall be twelve weeks of which not more than six weeks shall precede the date of her
expected delivery:]
Provided that where a woman dies during this period, the maternity benefit shall be payable
only for the days up to and including the day of her death:
[20] [Provided Further that where a woman, having been delivered of a child, dies during her
delivery or during the period immediately following the date of her delivery for which she is
entitled for the maternity benefit, leaving behind in either case the child, the employer shall
be liable for the maternity benefit for that entire period but if the child also dies during the
said period, then, for the days up to and including the date of the death of the child.]
[21] [5A. Continuance of payment of maternity benefit in certain cases.-Every woman
entitled to the payment of maternity benefit under this Act shall, notwithstanding the
application of the Employees' State Insurance Act, 1948 (34 of 1948), to the factory or other
establishment in which she is employed, continue to be so entitled until she becomes
qualified to claim maternity benefit under Section 50 of that Act.]
[22] [5B. Payment of maternity benefit in certain cases.-Every woman-
(a) who is employed in a factory or other establishment to which the provisions of the
Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-time work) for a month exceed the
amount specified in sub-clause (b) of clause (9) of Section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of Section 5,
shall be entitled to the payment of maternity benefit under this Act.]
6. Notice of claim for maternity benefit and payment thereof:

(1) Any woman employed in an establishment and entitled to maternity benefit under the
provisions of this Act may give notice in writing in such form as may be prescribed, to her
employer, stating that her maternity benefit and any other amount to which she may be
entitled under this Act may be paid to her or to such person as she may nominate in the notice
and that she will not work in any establishment during the period for which she receives
maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which she
will be absent from work, not being a date earlier than six weeks from the date of her
expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as
soon as possible after the delivery.

[23] [(4) On receipt of the notice, the employer shall permit such woman to absent herself
from the establishment during the period for which she receives the maternity benefit.]
(5) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on production of such proof
as may be prescribed that the woman is pregnant, and the amount due for the subsequent
period shall be paid by the employer to the woman within forty-eight hours of production of
such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity
benefit or any other amount under thi7s Act if she is otherwise entitled to such benefit or
amount and in any such case an Inspector may either of his own motion or on an application
made to him by the woman, order the payment of such benefit or amount within such period
as may be specified in the order.

7. Payment of maternity benefit in case of death of a woman:

If a woman entitled to maternity benefit or any other amount under this Act, dies
before receiving such maternity benefit or amount, or where the employer is liable for
maternity benefit under the second proviso to sub-section (3) of Section 5, the employer shall
pay such benefit or amount to the person nominated by the woman in the notice given under
Section 6 and in case there is no such nominee, to her legal representative.
8. Payment of medical bonus:

Every woman entitled to maternity benefit under this Act shall also be entitled to
receive from her employer a medical bonus of [24] [two hundred and fifty rupees], if no pre-
natal confinement and post-natal care is provided for by the employer free of charge.

9. Leave for miscarriage etc:

In case of miscarriage or medical termination of pregnancy, a woman shall, on

production of such proof as may be prescribed, be entitled to leave with wages at the rate of
maternity benefit, for a period of six weeks immediately following the day of her miscarriage
or, as the case may be, her medical termination of pregnancy].
[26] [9A. Leave with wages for tubectomy operation.-In case of tubectomy operation, a
woman shall, on production of such proof as may be prescribed, be entitled to leave with
wages at the rate of maternity benefit for a period of two weeks immediately following the
day of her tubectomy operation].

10. Leave for illness arising out of pregnancy, delivery, premature birth of
child, [27] [miscarriage, medical termination of pregnancy or tubectomy
operation]:

A woman suffering from illness arising out of pregnancy, delivery, premature birth of
child [28] [miscarriage, medical termination of pregnancy or tubectomy operation] shall, on
production of such proof as may be prescribed, be entitled, in addition to the period of
absence allowed to her under Section 6, or, as the case may be, under Section 9, to leave with
wages at the rate of maternity benefit for a maximum period of one month.
.
11. Nursing breaks:

Every woman delivered of a child who returns to duty after such delivery shall, in
addition to the interval for rest allowed to her, be allowed in the course of her daily work two
breaks of the prescribed duration for nursing the child until the child attains the age of fifteen
months.

12. Dismissal during absence of pregnancy:

(1) When a woman absents herself from work in accordance with the provisions of this Act, it
shall be unlawful for her employer to discharge or dismiss her during or on account of such
absence or to give notice of discharge or dismissal on such a day that the notice will expire
during such absence, or to vary to her disadvantage any of the conditions of her service.

(2)(a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman
but for such discharge or dismissal would have been entitled to maternity benefit or medical
bonus referred to in Section 8, shall not have the effect of depriving her of the maternity
benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the employer may,
by order in writing communicated to the woman, deprive her of the maternity benefit or
medical bonus or both.
[29] [(b) Any woman deprived of maternity benefit or medical bonus, or both, or discharged
or dismissed during or on account of her absence from work in accordance with the
provisions of this Act, may, within sixty days from the date on which order of such
deprivation on discharge or dismissal is communicated to her, appeal to such authority as
may be prescribed, and the decision of that authority on such appeal, whether the woman
should or should not be deprived of maternity benefit or medical bonus, or both, or
discharged or dismissed shall be final.]
(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section
(1).

13. No deduction of wages in certain cases:

No deduction from the normal and usual daily wages of a woman entitled to maternity
benefit under the provisions of this Act shall be made by reason only of-
(a) the nature of work assigned to her by virtue of the provisions contained in sub-section (3)
of Section 4; or
(b) breaks for nursing the child allowed to her under the provisions of Section 11.

14. Appointment of Inspectors:

The appropriate Government may, by notification in the Official Gazette, appoint

such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the
local limits of the jurisdiction within which they shall exercise their functions under this Act.
15. Powers and duties of Inspectors:

An Inspector may, subject to such restrictions or conditions as may be prescribed,

exercise all or any of the following powers, namely:-
(a) enter at all reasonable times with such assistants, if any, being persons in the service of
the Government or any local or other public authority, as he thinks fit, any premises or place
where woman are employed or work is given to them in an establishment, for the purposes of
examining any register, records and notices required to be kept or exhibited by or under this
Act and require their production for inspection;
(b) examine any person whom he finds in any premises or place and who, he has reasonable
cause to believe, is employed in the establishment:
Provided that no person shall be compelled under this section to answer any question or give
any evidence tending to incriminate himself;
(c) require the employer to give information regarding the names and addresses of women
employed, payments made to them, and applications or notices received from them under this
Act; and
(d) Take copies of any registers and records or notices or any portions thereof.

16. Inspectors to be public servants:

Every Inspector appointed under this Act shall be deemed to be a public servant
within the meaning of Section 21 of the Indian Penal Code (45 of 1860).

17. Power of Inspector to direct payments to be made:

[30] [(1) Any woman claiming that-

(a) Maternity benefit or any other amount to which she is entitled under this Act and any
person claiming that payment due under Section 7 has been improperly withheld;
(b) Her employer has discharged or dismissed her during or on account of her absence from
work in accordance with the provisions of this Act, may make a complaint to the Inspector.
(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-
section (1), make an inquiry or cause an inquiry to be made and if satisfied that-
(a) Payment has been wrongfully withheld, may direct the payment to be made in accordance
with his orders;
(b) she has been discharged or dismissed during or on account of her absence from work in
accordance with the provisions of this Act, may pass such orders as are just and proper
according to the circumstances of the case.]
(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within
thirty days from the date on which such decision is communicated to such person, appeal to
the prescribed authority.
(4) The decision of the prescribed authority where an appeal has been preferred to it under
sub-section (3) or of the Inspector where no such appeal has been preferred shall be final.
[31] [(5) any amount payable under this section shall be recoverable by the Collector on a
certificate issued for that amount by the Inspector as an arrear of land revenue.]

18. Forfeiture of maternity benefit:

If a woman works in any establishment after she has been permitted by her employer
to absent herself under the provisions of Section 6 for any period during such authorized
absence, she shall forfeit her claim to the maternity benefit for such period.

19. Abstract of Act and rules thereunder to be exhibited:

An abstract of the provisions of this Act and the rules made thereunder in the
language or languages of the locality shall be exhibited in a conspicuous place by the
employer in every part of the establishment in which women are employed.

20. Registers, etc:

Every employer shall prepare and maintain such registers, records and muster-rolls
and in such manner as may be prescribed.

21. Penalty for contravention of Act by employer:

(1) If any employer fails to pay any amount of maternity benefit to a woman entitled under
this Act or discharges or dismisses such woman during or on account of her absence from
work in accordance with the provisions of this Act, he shall be punishable with imprisonment
which shall not be less than three months but which may extend to one year and with fine
which shall not be less than two thousand rupees but which may extend to five thousand
rupees:
Provided that the court may, for sufficient reasons to be recorded in writing, impose a
sentence of imprisonment for a lesser term or fine only in lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules made thereunder, he
shall, if no other penalty is elsewhere provided by or under this Act for such contravention,
be punishable with imprisonment which may extend to one year, or with fine which may
extend to five thousand rupees, or with both:
Provided that where the contraventions is of any provision regarding maternity benefit
or regarding payment of any other amount and such maternity benefit or amount has not
already been recovered, the court shall, in addition, recover such maternity benefit or amount
as if it were a fine and pay the same to the person entitled thereto.]

22. Penalty for obstructing Inspector:

Whoever fails to produce on demand by the Inspector any register or document in his
custody kept in pursuance of this Act or the rules made thereunder or conceals or prevents
any person from appearing before or being examined by an Inspector shall be punishable with
imprisonment which may extent to [33] [one year, or with fine which may extend to five
thousand rupees], or with both.

23. Cognizance of offences:

(1) Any aggrieved woman, an office-bearer of a trade union registered under the Trade
Unions Act, 1926 (16 of 1926) of which such woman is a member or a voluntary
organization registered under the Societies Registration Act, 1860 (21 of 1860) or an
Inspector, may file a complaint regarding the commission of an offence under this Act in any
court of competent jurisdiction and no such complaint shall be filed after the expiry of one
year from the date on which the offence is alleged to have been committed.
(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class
shall try any offence under this Act.]

24. Protection of action taken in good faith:

No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or of any rule or
order made thereunder.
25. Power of Central Government to give directions:

The Central Government may give such directions as it may deem necessary to a State
Government regarding the carrying into execution of the provisions of this Act and the State
Government shall comply with such directions.

26. Power to exempt establishments:

If the appropriate Government is satisfied that having regard to an establishment or a

class of establishments providing for the grant of benefits which are not less favorable than
those provided in this Act, it is necessary so to do, it may, by notification in the Official
Gazette, exempt, subject to such conditions and restrictions, if any, as may be specified in the
notification, the establishment or class of establishments from the operation of all or any of
the provisions of this Act or of any rule made thereunder.

27. Effect of laws and agreements inconsistent with this Act:

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law or in the terms of any award, agreement or contract of
service, whether made before or after the coming into force of this Act:
Provided that where under any such award, agreement, contract of service or otherwise, a
woman is entitled to benefits in respect of any matter which are more favorable to her than
those to which she would be entitled under this Act, the woman shall continue to be entitled
to the more favorable benefits in respect of that matter, notwithstanding that she is entitled to
receive benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a woman from entering into
an agreement with her employer for granting her rights or privileges in respect of any matter
which are more favorable to her than those to which she would be entitled under this Act.

28. Power to make rules:

(1) The appropriate Government may, subject to the condition of previous publication and by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for-
(a) the preparation and maintenance of registers, records and muster-rolls;
(b) the exercise of powers (including the inspection of establishments) and the performance
of duties by Inspectors for the purposes of this Act;
(c) the method of payment of maternity benefit and other benefits under this Act insofar as
provision has not been made therefor in this Act;
(d) the form of notices under Section 6;
(e) the nature of proof required under the provisions of this Act;
(f) the duration of nursing-breaks referred to in Section 11;
(g) acts which may constitute gross misconduct for purposes of Section 12;
(h) the authority to which an appeal under clause (b) of sub-section (2) of Section 12 shall lie;
the form and manner in which such appeal may be made and the procedure to be followed in
disposal thereof;
(i) the authority to which an appeal shall lie against the decision of the Inspector under
Section 17; the form and manner in which such appeal may be made and the procedure to be
followed in disposal thereof;
(j) the form and manner in which complaints may be made to Inspectors under sub-section
(1) of Section 17 and the procedure to be followed by them when making inquiries or causing
inquiries to be made under sub-section (2) of that section;
(k) any other matter which is to be, or m ay be prescribed.
[35] [(3) Every rule made by the Central Government under this section shall be laid as soon
as may be after it is made, before each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session [36] [or in two or more
successive sessions and if, before the expiry of the session immediately following the session
or the successive sessions, aforesaid] both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so however, that any
such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.]

29. Amendment of Act 69 of 1951:

In Section 32 of the Plantations Labour Act, 1951,-

(a) in sub-section (1), the letter and brackets “(a)- before the words “in the case of sickness-,
the word “and- after the words “sickness allowances- and clause (b) shall be omitted;
(b) in sub-section (2), the words “or maternity- shall be omitted.
30. Repeal:

On the application of this Act-

(i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and
(ii) to factories situate in the Union territory of Delhi, the Bombay Maternity Benefit Act,
1929 (Bombay Act VII of 1929); as in force in that territory, shall stand repealed.
THE PAYMENT OF GARTUITY ACT, 1972
Objectives of Act--

Gratuity is a kind of retirement benefit. It is a payment which is intended to help the

employees after their retirement whether the retirement is as a result of 5the rules of
superannuation or of some physical disability. The general principle underlying gratuity
schemes is that by faithful service over a long period the employee is entitled to claim a
certain amount as retirement benefits. Thus it is earned by an employee as a reward for long
and meritorious service.

The payment of gratuity Act, 1972, along-waited and progressive social security
measure was passed by parliament in August, 1972. it cam into force on 16 th September,
1972. The Act was amended twice in 1984. The latest amendment to the Act has been made
in 1987.

Extent of Act. The Act extends to the whole of India. But is so far as it relates to
plantations or ports, it shall not extend to the state of Jammu and Kashmir [sec.1 (2)].

Scope and Coverage, the Act Applies To:

1. every factory, mine, oil filed, plantation, port and railway company;
2. every shop or establishment within the meaning of any law for the time being in force
in relation to shops and establishment in a state in which ten or more persons are
employed, or were employed on any day of the preceding twelve months;
3. such other establishment or class establishment, 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[Sec.1(3)].

The Act covers all person employed in the above establishment whose wages do not exceed
Rs. 2,500 per mensem, or such higher amount as the Central Government may, having regard to the
general level of wages, by notification, specify.

The payment of Gratuity (second Amendment) Act, 1984 provides that a shop or
establishment once covered shall continue to be covered under the Act not withstanding that the
number of persons employed there in at any time falls below ten.
a) Appropriate Government:
It means in relation to an establishment belonging to, or under the
control of, the central government, having branches in more than one
state, of a factory belonging to, or under the control of the central
government, of a major port, mine, oil-field or Railway Company, the
central government, in any other case, the state government.

b) “Completed year of service” means continuous service for one year.

c) Continuous service: According to new Sec,2-A which has been inserted by

the payment of Gratuity Amendment Act, 1984 employee shall be said to be in
continuous service for a period if he has, for the period, been in uninterrupted
service, including service which may be interrupted on account of (a)
Accident, (b) Sickness, (c) Leave, (d) Absence from duty without leave (not
being absence in respect of which an order imposing a punishment or penalty
or treating the absence as break in service has been passed in accordance with
standing orders, rules regulations governing the employees of the
establishment, (e) Lay-off, (f) Strike or, (g) A lock out or, (h) Cessation of
work due to any fault of the employee, whether such uninterrupted or
interrupted service was rendered before or after the commencement of the
payment of gratuity(Second) Amendment Act, 1984 [2-A(1)].

d) Controlling authority [Sec.2 (d)]. It means an authority appointed by the

appropriate Government. Under sec. 3, the appropriate government may, by
notification in the Official Gazette, appoint any officer to be a controlling
authority, who shall be responsible for the administration of this act. Different
controlling authorities may be appointed for different areas.

e) Employee [Sec.2(e)], The word ‘Employee’ means any person mensem or

such higher amount as the central government may, having was raised from
Rs. 1,000 to Rs. 1,600 by the Amendment, Act of 1984. Employee does not
include any such person who holds a post under the central government or a
state government and is governed by any other act or by rules providing for
payment of gratuity.
 f) Employer [Sec.2 (f)]. In relation to any establishment, factory, mine, oil-
field, plantation, port, Railway Company or shop belonging to, or under the
control of, the central government or a state government, ‘employer’ means a
person or authority appointed, ‘employer’ means the head of the Ministry or
the Department concerned.

g) Family [Sec.2 (h)]. In the case of a ‘male employee’, ‘family’ shall be

deemed to consist of himself, his children whether married or unmarried, his
dependent parents, and the dependent parents of his wife and the widow and
children of his predeceased son, if any. The italicized words have been added
by the amendment act of 1987.

h) Retirement [Sec.2 (g)]. It means termination of the service of an employee,

otherwise than on superannuation.

i) Superannuation [Sec.2®]. ‘Superannuation’ in relation to an employee,

means the attainment by the employee of such age as is fixed in the contact or
conditions of service as the age on the attainment of which the employee shall
vacate the employment. Sec.2® was substituted by the Amendment Act of
1984.

j) Wages [Sec.2(s)]. ‘Wages’ means all emoluments which are earned by an

employee while on duty or on leave in accordance with the terms and
conditions of his employment and which are paid or are payable to him in
cash. It includes dearness allowance, but it does not include any bonus,
commission, house rent allowance, overtime wages and any other allowance.

The provisions of payment of gratuity:

Sec.4 deals with circumstances in which gratuity becomes payable to an

employee and the cases when gratuity may be forfeited. The various provisions of
sec.4 are as follows:

1. gratuity payable on termination of employment: Gratuity shall be payable

to an employee on the termination of his employment after he has rendered
continuous service for not less than five years-
 a) on his superannuation, or

b) on his retirement or resignation, or

c) on his death or disablement due to accident or disease[sec.4(1)].

The completion of continuous service of five year shall not be necessary where the
termination of the employment of any employee is due to death or disablement. In the
case of death gratuity payable to him shall be paid to his heirs.

2. Rate 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 [Sec.4(2)].

In Jeewanla (1929) Ltd. Vs. Appellate Authority, 91984) Lab. I.C.

1458 the supreme court has held that fifteen days wages of monthly rated
employees in working out gratuity amount payable under the Act will be
ascertained by dividing the monthly wages last drawn by him by 26 (Since
there are 26 working days in a month) and multiplying this quotient by 15.
this decision of the supreme court has been incorporated in the Explanation
added to Sec.4(2) by the Amendment Act of 1987.

3. Maximum gratuity: The amount of gratuity payable to an employee shall not

exceed Rs. 50,000 [Sec.4 (3)]. The Amendment Act of 1987 has replaced the
existing ceiling of 20 month’s wages for payment of gratuity be a monetary
ceiling of Rs. 50,000.

4. Better terms of gratuity: An employee may sometimes of entitle to receive

better terms of gratuity under any award or agreement or contract with the
employer. In such a case, nothing in Sec.4 shall affect the right of the
employee to receive better terms [Sec.4 (5)].

5. Forfeiture of gratuity: The gratuity of an employee, whose services have

been terminated for any act, willful omission or negligence causing any
damage to the property belonging to the employer, shall be forfeited to the
extent of the damage or loss so caused.
Rights and obligations of the employer and employees:

Obligations and rights of employers and employees under the Act are summed up as
under:

Obligations of employers:

1. To pay gratuity to employees who fulfil the necessary conditions as laid down in the
Act [Sec.4(1) and 7(3)].

2. To determine the amount of gratuity as soon as it becomes payable and to give notice
in writing to the person to whom the gratuity is payable and also to the controlling
authority specifying the amount of gratuity so determined [Sec.7(2)].

3. To deposit with the controlling authority, in case of any dispute as to the amount of
gratuity payable to an employee, such amount as he admits to be payable by him as
gratuity [Sec.7(4)].

Rights of employers:

1. To deduct from the gratuity of an employee, whose services have been

terminated for any act, willful omission or negligence causing any damage or
loss to, or destruction of property belonging to the employer, the amount of
the damage or loss so caused.

2. To withhold the gratuity payable to an employee if the services of the

employee have been terminated for his riotous or disorderly conduct or any
other act of violence on his part, or for any act which constitutes an offence
involving moral turpitude, provided that such offence is committed by him in
the course of his employment [Sec.4(6)(b)].

3. To claim exemption from the provisions of the Act if his employees are in
receipt of gratuity or pensionary benefits not less favorable than the benefits
conferred under the Act (Sec.5).

4. To appeal against the order the controlling authority under Sec.7(4) if the
controlling authority determines a larger amount of gratuity payable to an
 employee than what is actually due to him or entertains any claim for gratuity
which the employer denies [Sec.7(7)].

Obligations of employees:

1. To nominate within thirty days of his completion of one year’s service persons
who may receive gratuity in case of his death [Sec.6(1), Rule 6(1)].

2. To apply to the employer ordinarily within thirty days from the date the
gratuity became payable for payment of such gratuity. The application may
also be made in his behalf by any person authorized in writing [Sec.7(1), Rule
7(1)].

Rights of employees:

1. To claim payment of gratuity of the manner provided under the Act and
the rules framed thereunder [Sec.4(1) and 7(1)].

2. To distribute the amount of gratuity payable to him amongst more than one
nominee [Sec.6(2)].

3. To appeal to the controlling authority if there is any dispute as to the

amount of gratuity payable to him [Sec.7(7)[.

4. To seek protection of gratuity from attachment in execution of any decree

or order of any civil, revenue of criminal court (Sec.13).

Reference:
S.M. SHUKLA

R.N. SAXENA
MODULE 4
WELFARE
Meaning:
The concept of ‘labour welfare’ is flexible and elastic and differs widely with time,
region , industry, social values and customs, degree of industrialization, the general socio-
economic development of the people and the political ideologies prevailing at an particular
time.

“Anything done for intellectual, physical, moral and economic betterment of the
workers, whether by the employers, by government or by other agencies, over and above
what is laid down by law or what is normally expected of the contractual benefits for which
workers have bargained.”

Features of labour welfare:

• It is the work which is usually undertaken within the premises of undertakings for the
benefit of the employees and the members of their families.

• The welfare is provided by statutory provision or required by the custom of the

industry or what the employees expect as a result of an contract of service from the
employers.

• The purpose of providing welfare amenities is to bring about the development of the
whole personality of the worker.

• These facilities may be provided voluntarily, out of their realization of social

responsibility towards labour, or may be undertaken by the government or trade
unions.

• Labour welfare is a term, covering social security and such other activities as
medically, crèches canteens, recreation housing etc.

The objectives of employee welfare are:

* It helps to improve.

* It improves the loyalty and morale of the employees.

* It reduces labor turnover and absenteeism.

* Welfare measures help to improve the goodwill and public image of the enterprise.

* It helps to improve industrial relations and industrial peace.

* It helps to improve employee productivity.

Need for welfare:
The need for the labour welfare arises from the very nature of industrial system,
which is characterized by basic factors:

 The condition under which work is carried on or not congenial for health.

 When an labourer joins an industry, he as to work in an entirely strange atmosphere,

which creates problems of adjustments.

The working environment in a factory or mine adversely workers health because of

the excessive heat or cold, noise, odours, fumes, dust and lack of sanitation and pure air etc.
Hence to protect the labour from above factors, provision of welfare services within the
premises is arised.

There is a social also as pointed out by the labour investigation committee, “the
provision of canteens improves the physique, entertainment reduces the incidents of vices;
medical aid and maternity and child welfare services improve the health of the workers and
bring down the rates of general, maternal and infantile morality; and education facilities
increase their mental efficiency and economic productivity.”

Statutory Requirements:

Statutory requirements are of two types. They are:

1. Activities under taken by the Indian organization.

2. Labour welfare activities by the Workers organization.

A. Activities undertaken by Indian Organization:

Three types of facilities are made available to workers namely:

 Certain facilities are provided at the site of work itself, such as

subsidized canteens, crèches, and medical facilities.

 Some times relate to the economic needs of workers such as co-

operative credit societies, consumers’ co-operative stores, staff benefit
funds, the educational assistance to workers’ children.
  Certain institutions become the focal point for the involvement of
workers and their families in community life.

Welfare Activities in some in Indian Organization

1. Cotton Mills in Mumbai – Canteens, crèches, ambulance rooms, grain

shops, sports and cultural, cooperative credit societies.

2. Jute mills – Welfare centers, primary schools, sports and cultural

activities.

3. Railways – Educational activities, canteens, cooperative credit societies,

hospitals, sports and games, and the staff benefit fund. Etc.

B. Labour welfare Activities by the Workers’ Organization:

The Indian Trade Unions have miserably failed to provide welfare to its own
community. At the industrial centers where the trade unions movement is very
well developed, unions have taken steps for the welfare of workers.

 The Textile Labour Association (TLA) is one of the notable

organizations that has created history in the field of labour welfare. The
various labour welfare activities undertaken by it are:

a. Crèches at various labour colonies.

b. Pre-school facilities in slum areas.

c. Game centers for school going children.

d. Workers education and training programme.

e. Celebration of national festivals. Etc.

 The Mill Mazdoor Union, Indore, has established labour welfare centers to
provide cultural, recreational and other amenities to its members.

 The Mazdoor Sabha, Kanpur, the Railwaymen’s Union and Indian

Federation of Labour in U.P and Transport and Dock Workers’ Union in
Bombay also provide welfare facilities to their members, like running
cooperative societies and granting scholarships to the children of their members.
 Apart from the above important unions, other unions also provide similar social
welfare measures for the benefit of their members, particularly in the field of social,
recreational, educational and developmental activities.

Emerging issues:
1. Workers Education: It is basic education for workers who lacked
opportunity for formal schooling. It helps a worker solve his problems not
as an individual but as a member of this social class. The basic objective of
workers’ education is to make the worker an efficient individual, disciplined
trade union member and an intelligent corporate citizen, so that he plays a
vital role in the socio-economic development of the country.
2. Workers Training: In India, there is an acute shortage of skilled and trained workers for a
number of industrial occupations and a majority of workers suffer from low efficiency.
Whereas Training leads to efficiency and increased productivity, less waste, reduced
supervision, higher employee earnings, reduced accidents, increased organizational stability
and flexibility, heightened morale and vertical job mobility.
WELFARE OF HUMAN EMPLOYEES

 Concept of Labour welfare:

The labour investigation committee preferred to include under ‘Labour Welfare’:

“Anything done for the intellectual, physical, moral and economic betterment
of the workers, whether by employers, by Govt or by other agencies, over and above what is
laid down by law or what is normally expected of the contractual benefits for which workers
may have bargained.”

The Encyclopedia of Social Sciences has defined Labour welfare work as:

“The voluntary efforts of the employers to establish, within the existing industrial
system, working and sometime, living and cultural conditions of the employees beyond what
is required by law, the custom of the country and conditions of the market.”

 Basic Features of Labour Welfare:

On the basis of the various definations the basic characteristics of labour welfare work
may be noted thus:

• It is the work which usually undertaken within the premises or in the vicinity of the
undertakings for the benefit of the employees and the members of their families.
• The work generally includes those items of welfare which are over and above what is
provided by statutory provisions or required by the custom of the industry or what the
employees expect as a result of a contract of service from the employers.
• The purpose of providing welfare amenities is to bring about the development of the
whole personality of the worker- his social, psychological, economic, moral, cultural
and intellectual development to make him a good worker, a good citizen and a good
member of the family.
• These facilities may be provided voluntarily by progressive and enlightened
entrepreneurs at their own accord out of their realization of social responsibility
towards labour, or statutory provisions may compel them to make these facilities
available; or these may be undertaken by Govt or trade unions, if they have the
necessary funds for the purpose.
 • Labour Welfare is a very broad term, covering social security and such other activities
as medical aid, canteens, recreation, housing, adult education, arrangements for the
transport of labour to and from the work place.

Welfare Facilities for the Establishment:

• Latrines and urinals
• Washing and bathing facilities
• Creches
• Rest shelters
• Arrangements for drinking water
• Health services, including occupational safety Ambulance services
• Arrangement for prevention of fatigue
• Administrative arrangements for the welfare of employees
• Uniform and protective clothing’s
• Canteen
• Recreational facilities.

Welfare outside the establishment:

• Maternity benefits
• Social insurance measures( including gratuity, pension, provident fund )
• Medical facilities
• Educational facilities
• Housing facilities
• Recreation facilities( sports, cultural activities, library, reading rooms)
• Holiday homes and leave travel facilities
• Vocational training for dependents of workers
• Other programmes for the welfare of women, youth and children
• Transport to and from the place of work.
Preferential Statement:

Conditions of Work Environment:

• The workshop sanitation and cleanliness must include the regulation of temperature,
humidity, ventilation, lighting, elimination of dust, smoke, fumes and gases,
convenience and comfort during work, operative postures, sitting arrangements etc,
• The factory sanitation and cleanliness must consist of: provision of urinals, lavatories
and bathing facilities; provision of spittoons, water disposal, disposal of wastes and
rubbish, general cleanliness; white washing and repair of buildings and work-shop;
and care of open spaces, gardens and roads.
• Provision and care of drinking water.
• Management of workers cloak rooms, rest rooms and library.
• Canteen services.

Workers Health Services:

• Factory health centre: Playground; health education, medical examination of workers
and health research.
• Factory dispensary and clinic for general treatment; treatment for individual diseases,
fatigue and treatment of accidents.
• Women and child welfare work, health and family welfare, women’s general
education.
• Cultural activities includes; musical evenings and circles; art circles; flok songs, the
arts and stories; histrionics, flok dancing and festival celebration.

Labour Welfare Programme:

These should cover: factory council consisting of representatives of labour and
employers: workmens arbitration council, vocational and job adjustment,social welfare
departments, co-operation with personnel administration,especially for investigation,
interview and vocational testing:employment, follow-up and research bureau.
Labour economic welfare programme:
These should include: co-operatives or fare price shops for consumer necessities,
especially grains, vegetables, milk, meat, oils and ghee, cloth and daily requirements, co-
operative credit society, thrift schemes and saving bank, unemployment insurance, health
insurance, employment bureau, profit sharing bonus scheme and factory, transport service.

Need for special consideration:

Dock Worker’s (Safety Wealth and Health) Scheme 1961:

A comprehencive dock-workers scheme 1961 has been formed under the Dock
Workers (Regulation of Employment) Act, 1948. The various welfare measures proposed
under the act include provision pertaining to:

• Urinals and latrines.

• Washing and bathing facilities
• Rest shelters and call stands.
• Drinking water and canteen facilities
• First aid facilities.

Besides these facilities, certain extra mural labour welfare facilities are also made
available to workers, such as provision of:

• Education facilities including adult education

• Sports and recreation
• Medical facilities
• Fair price shops and co-operative societies.

The Contract Labour: (Regulation and Abolition) Act, 1970:

This act provides that the following amenities shall be made available by contractors
for their employees:

• Canteen, if employing 100 or more workers

• Rest rooms or other suitable alternative accommodation where contract labour is
required to halt at night in connection with the work of the establishment.
• Washing facilities
• First aid box equipped with the prescribed contents.
Inter- state Migrant Workmen (Regulation and Employment and
Conditions of Service) Act 1979:
Every contractor, employing Inter- state Migrant Workmen, shall provide:

• Suitable conditions of work.

• Suitable residential accommodation to workers during the period of their employment
Medical facilities for Workmen, free of charge.
MODULE 5
NIGHT SHIFT
WORKING
SPECIFIC PROVISION OF FEMALE EMPLOYEE
All the provisions of the factories act regarding employment and work of adult male
workers apply to adult female workers except the following provisions which apply to adult
female workers only.

1. Work on or near machinery in motion [sec. 22(2)].

2. Prohibition of employment near cotton-openers (sec.27)

3. Crèche’s (sec.48)

4. Working hours (secs.51 and 54). A woman shall not be required or allowed to work in
factory for more than 48 hours in any week or 9 hours in any day

5. Restriction on employment of women (sec.66). a woman shall be required or allowed

to work in factory only between the hours of 6 A.M and 7 P.M. the state government
may, by notification in the official gazette in respect of any factory or group or class
or description of factories, Vary these limits. But no such variation shall authorize the
employment if any woman between the hours of 10 P.M and 5 A.M again there shall
be no change of shifts in the case of women workers in; a factory except after a
weekly or any other holiday (sec.66(1) .

The state government may make rules providing for the exemption from the
restrictions imposed by sec. 66 (w) in case of women working in flash-curing or flash
canning factories, where the employment of women beyond the specified hours is necessary
to prevent damage to, or deterioration in, any raw material (sec.66 (2)). The rules so made
shall deterioration in, any raw material (sec.66 (2)). The rules made shall remain in force for
not more than 3 years at a time (sec.66 (3)).

6. Effect of certificate of fitness granted to female adolescent (sec.70 (1-A). this has
already been discussed.
 7. Dangerous operations (sec.87(b)).where the state government is of opinion that any
operation carried on in a factory exposes any person employed in it to a serous risk of
bodily injury, poisoning or disease, it may make rules prohibiting or restricting the
employment of women in that operation.

Reference: Elements of merchant law By-N.D. Kapoor

CREATION OF CONDUCIVE WORK ENVIRONMENT DURING
NIGHT SHIFT

Work:
In thermodynamics, work is the quantity of energy transferred from one system to another
without an accompanying transfer of entropy.

Night Shift:
1. A group of employees working during the night in a factory or business.

2. The period of time for such work.

Provisions Regarding Health:

A large number of provisions have been made under the act, which is required to be
enforced by the employers for health of the workers. These relate to cleanliness, disposal of
water and effluents, ventilation and control of temperature, artificial humidification,
elimination of dust and fumes, over-crowding, lighting, drinking water facilities, latrines,
urinals and spittoons. Sections 11 to 20 of the act cast a statutory duty on the employers that
adequate arrangements and provisions shall be made in every factory so as to secure the
aforesaid purpose.

Ventilation and temperature (section 13):

Effective and suitable provision shall be made in every factory for securing and
maintaining in every workroom.

Ventilation:
Adequate ventilation for the circulation of fresh air, and for the propulsion of the air
from the room, either by natural ventilation through windows and ventilators or by artificial
means like that of electric fans;

Temperature:
Shall be kept at a level comfortable to workers and prevent injury to health. The walls
and roofs shall be of such material and of such design as to keep the temperature low. State
governments may prescribe a standard of adequate ventilation and reasonable temperature,
and can ask every factory to reduce temperature by such methods as white washing, spraying
or by raising the level of the roof or insulating the roof either by an air space and double roof
or by the use of insulating roof materials or other methods.

Dust and fumes (section 14):

If necessary, exhaust appliance shall be installed as near as possible to the point of
origin of the dust, fumes, or other impurities and such points shall be closed. Further, no
stationary internal- combustion engine shall be operated unless the exhaust is conducted into
the open air, and no other internal combustion engine shall be operated in any room unless,
effective measures have been taken to prevent such accumulation of fumes as are likely to be
injurious to workers employed in the room.

Artificial humidification (section 15):

The act provides that in respect of all factories, in which humidity is artificially
created, the state government may make rules: (I) prescribing standards of humidification: (ii)
regulate the methods used for artificially increasing the humidity of the air: (iii) direct
prescribed tests for determining the humidity of the air to be correctly carried out and
recorded: and (iv) securing adequate ventilation and cooling of the aim in the work rooms.

Arrangements for drinking water (section 18):

In every factory, effective arrangements are to be made to provide and maintain at
suitable points a sufficient supply of wholesome drinking water. All such points shall be
clearly marked “drinking water” in regional language, and every such point shall be situated
more than 6 meters away from any washing water supplied from sources other than municipal
water supply system has to be approved by a competent authority. It should be available
during the working hours, and be stored at the rate of 1 gallon per worker per day, factories
employing two hundred and fifty or more workers should supply ‘cool- drinking water’
during the hot weather (i.e. from the period march 1 to November 30).

Conservancy arrangements (section 19):

Separate enclosed arrangements should be made for male and female workers in
regard to conservancy services. Privacy should be secured and water supplied inside the
cubicles. In every factory wherein more than two hundred and fifty workers are employed,
urinals and latrines of prescribed sanitary type should be provided at convenient places,
accessible to workers at any time, while they are in the factory. The floors, internal walls up
to the height of ninety centimeters and the sanitary blocks shall be laid in glazed tiles. These
parts and sanitary pans shall be thoroughly washed and cleaned at least once in every seven
days with suitable detergents or disinfectants or both. There should be one seat for 25 male
workers up to 100 and one seat for additional 50 workers. For women, there should be one
seat for every 25 persons. Urinals should be provided for male workers at the rate of one
urinal for every 50 men up to 500 and one for every additional 100. Such accommodation
should be adequately maintained in a clean and sanitary condition at all times. Sweepers
should be employed whose primary duty would be to keep latrines, urinals and work places
clean.

Provisions regarding safety:

Safety provisions are contained in sections 21 to 41 of the act. These relate to: fencing
of machinery in motion; employment of young persons on dangerous machines, striking gear
and devices for cutting off power, self-acting machines; casing of new machinery; prohibition
of employment of women and children near cotton openers; hoists and lifts, lifting machines;
chains, ropes and lifting tackles; revolving machinery; pressured plant; floors; stairs and
means of access; pits, sumps, openings in floor; excessive weights; protection of eyes;
precautions against dangerous fumes, explosive or inflammable dust, gas, etc.; these
provisions are:

A) Work on or near machinery in motion (section 22):

With a view to secure the safety of the workers, it is necessary to examine any part of
the machinery while it is in motion. The examination and lubrication of the machinery, while
in motion, should be carried out only by a specially –trained adult worker wearing tight-
fitting clothing. Such a worker is not allowed to handle a belt of a moving pulley unless the
belt is less than fifteen cm. in width and the belt- joint is either laced or flush with belt.
Women and young children are not allowed to clean, lubricate or adjust any part of a prime
mover or transmission machinery while it is in motion, if it is likely to expose her or him to
the risk of injury from any moving part.

B) Employment of young persons on dangerous machines (section 23):

A young person is not to be allowed to work at any dangerous machine unless: (I) he
has been sufficiently instructed of the dangers arising in connection with the machine and the
precautions to be observed; (ii) he has received sufficient training to work at the machine or
is under adequate supervision of and experienced person before he is allowed to work on
such a machine.

C) Prohibition of employment of women and children near cotton openers

(section 27):
Women and child workers are prohibited to be employed in any part of a factory for
pressing cotton in which a cotton opener is at work. But they may be employed on the other
side of the partition where the feed- end is situated, if the feed –end of the cotton opener is
separated from the delivery end by a partition. But in such case a written permission has to be
obtained from the inspector.

D) Floors, stairs and means of access (section 32):

In every factory all floors, steps, stairs, passages and gangways shall be of sound
construction and properly kept and maintained. A sufficient number of handrails, in case of
necessity, should be provided. As far as possible, means of access to every person should be
provided and maintained in every place of work.

E) Protection of eyes (section 35):

The state government may require the provision of effective screens or suitable
goggles if the risk of injury to the eyes is caused from particles or fragments thrown off in the
manufacturing process or from exposure to excessive light.

F) Explosive or inflammable dust, gas etc. (section 37):

Where in any factory any manufacturing process produces dust, gas fume or vapor, all
practicable measures have to be taken to prevent explosion by: (a) effective enclosure of the
plant or machinery used in the process; (b) removal or prevention of the accumulation of such
dust, gas, gum, or vapor, and (c) exclusion or effective enclosure of all possible sources of
ignition.

G) Power to make rules:

The state government has the power to make rules to supplement the provisions
relating to safety contained in the act.
Provision regarding welfare of workers:
The act has laid down elaborate provisions for the welfare of workers. The various
provisions detailed out in the act are as under;-

a) Washing facilities (section 42):

In every factory: (a) adequate and suitable facilities for washing shall be provided and
maintained for the use of workers therein; (b) separate and adequately screened facilities shall
be provided for the sue of male and female workers; (c) such facilities shall be conveniently
accessible and shall be kept clean.

b) Facilities for string and drying clothing (section 43):

The state government may make rules requiring the provision of suitable places for
keeping clothing not worn during of wet clothing.

c) Facilities for sitting (section 44):

Section 44 lays down that (a) in every factory suitable arrangements should be
provided for sitting and maintained for all workers obliged to work in a standing position. In
order that they may take advantage of any opportunity for rest which may occur in the course
of work; (b) if in the opinion of the chief inspector, workers in a particular room are able to
do work efficiently in a sitting position, he may by an order in writing direct the occupier of
the factory to provide sitting arrangements before a specified date.

d) Canteens (section 46):

These are to be provided in factories employing over two hundred and fifty workers.
The state government may make rules providing for: (a) the date by which the canteen shall
be provided; (b) standards in respect of construction, accommodation, furniture and other
equipment of the canteen; (c) the foodstuffs to be served and the charges to be levied: (d) the
constitution of managing committee for the canteen and representation of the workers in the
management of the canteen; (e) the types of expenditure in the running of the canteen which
are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by
the employer.
e) Shelter, rest room and lunch-rooms (section 47):
(I)this section lays down that in every factory where in more than one hundred and
fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a
suitable lunch-room, with provision for drinking water, where workers can eat meals brought
by them, shall be provided and maintained for the use of the workers. Where a lunch-room
exists no worker shall consume food in the work room. (ii) The shelters or restroom or lunch-
rooms to be provided shall be sufficiently lighted and ventilated and shall be maintained in a
cool and clean condition. (iii) The state government may prescribe the standards in respect of
shelters, restrooms, etc., but it may exempt any factory or class or description of factories
from the requirements of this section.

Provision regarding working hours and holidays for adults:

The act makes no distinction between ‘perennial’ and ‘non- perennial’ factories and as
such the same hours of work are kept for all factories.

a) Hours of work (section 51):

No adult worker shall be required or allowed to work in a factory for more than forty-
eight hours in any week. Further, the daily hours of work have been restricted to nine (section
54) but the daily maximum working hours can be exceeded with a view to facilitate the
change of shifts by previous approval of the chief inspector.

The period of work shall be so fixed that no adult worker is required to work for a
period exceeding five hours without an interval of rest of at least half an hour (section 55)

The period of work, including such intervals of rest, shall be so arranged that they
shall not spread over more than ten and a half hors with the permission of the chief inspector
for specified reasons (section 56)

b) Weekly holidays (section 52):

An adult worker shall have a holiday on the first day of the week (i.e. Sunday). But if
he is required to work on this day, he must have another whole day as a holiday which should
fall within three days before or after the first day of the week further, a previous notice of this
desire/inspector of manager to employ a worker on a Sunday has to be communicated to the
chief inspector before the worker is made to work. Such notice must also be displayed on the
notice boards.
c) Compensatory holidays (section 53):
Where the worker is required to work on a weekly holiday consequent upon an order
or rule made under the provisions of this act, he must be allowed compensatory holidays of
an equal number to the holidays so worked within the month in which the holidays were due
to him or within two months immediately following that month.

d) Night shifts (section 57):

Where a worker in a factory works on a shift which extends beyond midnight: (a) his weekly
holiday and compensatory holiday means a period of holiday for twenty-four consecutive hours
beginning when his shift ends; (b) the following day for him shall be deemed to be the period of
twenty-four hours beginning when such shift ends and the hours he has worked after midnight shall be
counted in the previous day.

e) Overlapping of shifts (section 58):

Work shall not be carried on in any factory by means of a system of system of shifts
so arranged that more than one relay of worker is engaged in work of the same kind at the
same time.

Reference:
DYANAMICS OF INDUSTRIAL RELATIONS

Mamoria mamoria gankar.

Himalaya publishing house.

MORAL AND ETHICAL ISSUES ARISING DUE TO NIGHT SHIFTS

Introduction:
As a follow up to the above, in August 2002,CARAM Asia with the support of the
United Nations Office of the High Commissioner for Human Rights, the International
Organization for Migration, the Asia Pacific Forum on Women in Law and Development, the
Arab Organization for Human Rights, Migrant International, the Global Alliance Against
Trafficking in Women, the Wield solidarities – Solidarite Mondiale, the Indonesian National
Commission on Violence Against Women and the Canadian Human Rights Foundation
organized a Regional Summit on Foreign Migrant Domestic Workers, in Colombo, Sri
Lanka. 132 participants from 24 countries including migrants, government representatives,
NGOs and UN representatives participated in the summit.
The summit was the result of issues and concerns identified by foreign domestic
workers and migrant support groups involved at the community level in origin and
destination countries. These issues were later discussed at various regional and national level
consultations which preceded the summit.
According to factories act 1948, women and children should not after 7.pm.
According to Sec.57
Night Shifts (Sec.57): where worker in a factory works on shift which extends beyond
midnight:
a) His weekly holiday and compensatory holiday means a period of holiday for twenty-
four consecutive hours beginning when his shift ends.
b) The following day for him shall be deemed to be the period of twenty-four hours
beginning when such shift ends and the hours he has worked after midnight shall be
counted in the previous day.
Overlapping of shifts(Sec.58): Work shall not be carried on in any factory by means of a
system of shifts so arranged that more than one relay of worker is engaged in work of the
same kind at the same time.
Employment of women (Sec.66):
a) Hours of work: No women can be allowed to work for more than the maximum daily
hours of work, i.e., nine hours a day. No women shall be employed in any factory
except between the hours of 6 a.m. and 7 p.m. the State Government may be
notification in the Officaial Gazette vary the limits for particular factories. But such
 provisions must not authorize the employment of women except under a weekly
holiday or any other holiday.
b) Work on or near Machinery in Motion: No women shall be allowed to clean,
lubricate or adjust any part of the machinery while the prime-mover or transmission
machinery is in the motion or to work between moving parts, or between fixed and
moving parts of an machinery which is in motion, and is likely to expose her to the
risk of injury from any moving part [Sec.22(2)].
c) Prohibition of Employment of women near cotton openers: No women shall be
employed in any part of a factory for pressing cotton in which a cotton-opener is at
work(Sec.27).
d) Excessive weights: the State Government may make rules prescribing the maximum
weights which may be lifted, carried or moved by adult men, adult women,
adolescents and children employed in factories or in carrying on any specified
process.
e) Creches: in every factory wherein more than thirty women workers are ordinanly
employed, there shall be provided and maintained suitable room or rooms for the use
of children under the age of six ears of such women (sec.48).
f) Dangerous Operations: When the State Government declares any operation in any
factory as dangerous or injurious to the health of women, it may make rules
prohibiting or restricting the employment of women in that operation [Sec.87(b)].

Ethical issues:
What is ethics?
Successful campaigns usually spread far and wide. The issues and the campaign is
taken up by many groups in different areas. It is essential therefore to establish some clear
principles of the campaign from the beginning to ensure that the campaign is ethical, does not
abuse people’s rights and does not negatively affect foreign domestic workers.

Risk Assessment:
Prior to the campaign, the group will need to assess all the possible scenarios that
could occur as a consequence of the campaign. Below
are some examples of possible scenario:
 • One nationality of foreign domestic workers become vocal on cases of abuse, the
government decides to change policy and import “more docile” foreign domestic workers
from another country.
• Foreign domestic workers who speak out on cases of abuse by influential employers
may be threatened, harassed or simply disappear.
• Foreign domestic workers associations may be harassed, targeted or shut down by
authorities.
• One group or nationality of foreign domestic workers may secure better conditions
and wages than another group or nationality.
Divisions may arise.
• The campaign message may change as the campaign progresses.
The discussions will need to include ways to minimize possible negative
consequences, these may include discussions on:
How to ensure that all groups are well-informed on national and international laws in
order to be able to respond to illegal and unethical responses to the campaigns
• Including plans and funding in the activities to be able to provide for security,
relocation and livelihood of domestic workers suffering negative consequences of the
campaign.
• Securing alliances and support networks at the beginning of the campaign. Finding
allies among local women’s workers unions or associations may be critical to the protection
of the foreign domestic workers.
• Agree on methods to ensure that all participating in the campaign adhere to the basic
principles. While changes in activities and focus over time are healthy progressions, the
principles should be non-negotiable.
• Developing effective communication channels between all groups to know what is
happening and what are the responses.

Sexual Harassment & Other Forms of Violence

This section aims to define the various forms of sexual harassment and other forms of
violence that foreign domestic workers may experience. While women’s experience of
particular forms of violence may differ from country to country, foreign domestic workers
experience violence in all countries. For this reason, this section does not focus on any
country in particular, but rather tries to provide the reader with an awareness about violence
and about national and international instruments and methods which can be used to develop
strategies to overcome the violence and abuse that women face.

1. What is sexual harassment?

• Sexual assault
• Rape
• Physical harassment: including unwanted
Kissing, patting, pinching or
Touching in a sexual manner
• Verbal harassment such as unwelcome Comments about a person’s appearance, Private life
or body. Insults or Put-downs based on a person’s sex.
• Gestural harassment; sexually suggestive gestures such as winks, nods, gestures with hands,
legs or fingers, licking of lips
• Written or graphic harassment: display of pornographic materials, harassment via letters,
email and other modes of communication.
• Emotional harassment: behavior which isolates, is discriminatory towards or excludes a
person on the ground of his
or her sex.

2. What does sexual harassment mean in the

Context of domestic work?
Usually sexual harassment at work is defined as harassment that takes place at work
or on the way to and from work. However, in the case of domestic workers, the workplace is
not confined to the employer’s home. Every trip made with or for the
employer family to the market or school or wherever is on the job.

3. What can be the effects of sexual harassment?

• Physical symptoms…nausea, loss of appetite,
anger, fear, headaches, fatigue and anxiety
• Emotional and physiological effects: feelings of humiliation, anger, powerlessness,
depression and loss of motivation
• Suicide
• Trauma of sexual assault
• Unplanned pregnancies,
• STDs and HIV transmission.
Labour:

Migrant women leave their homes and their countries to find work in another country.
This, they hope, will offer them opportunities to send money back to support their families, to
improve their own standard of living and if possible to gain experience and skills. Whether
through a specialized recruiting agency or through informal networks, many women migrate
to work as domestic workers. They did not travel thousands of miles to voluntarily clean,
wash and cook for someone they do not know. And yet, few governments have taken steps to
ensure that worker rights of domestic workers are fully protected, few unions have
campaigned for effective legislation to protect the labour rights of domestic workers. The law
considers the employment of foreign domestic workers as “private”, ‘informal” and thus
outside of the realm of labour laws.

Domestic Workers & Health:

Foreign domestic workers share the same burden of vulnerabilities and stigmatization
like other migrants in terms of health. They are denied the conditions necessary for well-
being and health promotion. This results in chronic as The situation of our physical and
psychosocial health of foreign domestic workers is very fragile and unstable…..As live-in
foreign domestic workers, we are forced to work long hours (from 12 to 20 hours) and 24
hours on call so we lack rest and there is not enough time to recover our energy. That directly
impacts on our physical health. With regard to the psychosocial health, we experience a
variety of emotions from being absent-minded/forgetful to depression and homesickness.
Many of us experience back pain, irregular menstruation, insomnia and other problems. It is
worse for those who are victims of physical and sexual abuses.

Arrest, Detention & Deportation:

1. WITHHOLDING OF DOCUMENTS BY
EMPLOYERS
The withholding of passports and other legal documents by employers renders the
domestic workers technically ‘illegal’ or ‘undocumented’
when she is unable to produce valid legal documentation when stopped in public places by
enforcement authorities seeking to check her legal status; becoming a cause for arrest and
detention.
 3. SPECIFICITY OF WORK PERMITS

Work permits of migrant workers are usually specific to their employers; place of
work, geographical region and for a specific period of time. Any violation of the same (i.e. if
migrant workers change employers, place of work or geographical region for example)
becomes terms for arrest and deportation, even if it is an attempt to escape abuse and
exploitation.

4. ESCAPE FROM ABUSE

The above situation has special relevance for foreign domestic workers who most
often work and live in inadequate conditions, without access to basic services and at risk of
physical and sexual abuse. These workers are subject to weak recruitment regulations and
limited legal protection. Consequently, they are vulnerable to exploitation by unscrupulous
recruitment agents and employers. Human Rights Watch, in its report on Indonesian domestic
workers in Malaysia, has stated that these workers often work grueling 16 to 18 hour days,
seven days a week, and earn less than 25 U.S. cents per hour. Some suffer physical or sexual
abuse at the hands of their employers. However, given their severe limitations to access a
remedy for their grievances they have no recourse but to run away from the abusive situation.

Reintegration of Foreign Domestic Workers:

What is Reintegration?
In the migration cycle, Reintegration is regarded as the last stage of migration. This is when
the foreign domestic worker returns to the country or community of origin after spending
some time abroad.

Why do foreign domestic workers return home?

• Return in groups as a result of : Political crisis, wars and conflicts,
outbreak of epidemics in the host country; Economic crisis in the host country which results
in a rise in unemployment; Challenges in diplomatic relations between sending and host
countries; Mass deportation of undocumented workers; Change in policies in the host
country; Programmes to encourage replacement of foreign domestic workers with local
workers in the host country.
1. Voluntary return when the contract of employment has ended, or they have
achieved the objectives set for them prior to departure;
 2. Return before the end of the contract, may be a result of the following reasons:
• Forced deportation because of poor health conditions;
• Working conditions becomes intolerable where employer becomes violent and
abusive;
• Change in motivation to work abroad. For example aspirations to earn lots of
money.

Interventions:

Programs should be put in place to effectively address trafficking and smuggling that
may occur during the process of migration.
Provisions and arrangements should be made available to foreign migrant domestic
workers for safe and secured transfer of remittances and their productive utilization.
In cases of serious human rights violations or serious injuries such as death, arbitrary
detention, crimes, unfair trials, sexual violence and abuse, States must undertake full and
transparent investigation and ensure that those responsible are held accountable.
Interventions should be developed by the State and civil society for enhancing skill
and empowerment of foreign migrant domestic workers.
The Durban Declaration and Program of Action of the World Conference against
Racism seek to eliminate racism, xenophobia, racial discrimination and other forms of related
intolerance. As part of this process public awareness to build positive attitudes to recognize
and value domestic work is imperative. Responsible media and civil society advocacy must
be engaged.
We the participants agreed to continue this process of dialogue through existing
structure and nontraditional regional cooperation. The dialogue should be based on a
mechanism to reconcile contradictory priorities, concerns and interests of all stakeholders.

Reference:
1) DYNAMICS OF INDUSTRIAL RELATIONS.

2) ELEMENTS OF MERCANTILE LAW—(A D KAPOOR)

WEBSITE:

www.questia.com

www.caramasia.com
IMPACT OF NIGHT SHIFT ON FAMILY AND SOCIAL LIFE:

Shift work can be seen as one of the many factors and conditions associated with the
health, safety, and wellbeing of industrial workers. Social, cultural and emotional quality
also deserves our attention on human aspects of shift work, because it concerns individuals’
physiology, psychology, genetic and family heritage, social and cultural traits, life style, and
circadian rhythms. It is more likely to become apparent that intervening and local factors are
related with human aspects of shift work that should be carefully considered in order to
improve individuals’ performance, tolerance, familiarity with different shift schedule, family
and social lives, as well as to control work-related difficulties.

What is shift work?

‘The term shift work is defined as an arrangement of working hours that uses two or
more teams (shifts) of workers, in order to extend the hours of operation of the work
environment beyond that of the conventional office hours. The varieties of shift work
include: stable/permanently displaced working hours in which the work schedule used does
not require a person to normally work more than one shift (including night work), rotating
shift work in which an individual is normally required to work more than one shift, changing
from one shift to another and unscheduled working hours. On-call shift is also a special form
of shift work, where in case of emergency the particular groups of workers are called for
their duties. The most widespread shift system is when production is organized in eight-hour
shifts, called morning, evening and night shifts.
According to the International Labour Office3, shift work is defined as: ‘A method of
work organization under which groups or crews of workers succeed each other at the same
workstations to perform the same operations, each crew working a certain schedule or shift
so that the undertaking can operate longer than the stipulated weekly hours for any worker.
Often the term is used when more than one work period is scheduled in a workday or when
most of the working hours fall outside the standard workday, such as evening, night or
weekend shifts’.
Shift work is more than a work schedule - it is a way of life. When our schedules
change, our entire life changes. It impacts on us as individuals, our family, our social life as
well as our health.
Why do we work shifts?
•Good pay
•Educational opportunities
•Seeing children during daylight
•Savings in childcare expenses
•Moonlighting
•More time for leisure activities
•Providing vital services
Working in night shift affecting your family and social life?
Working weird hours have a serious impact on workers and their families. Shift
workers almost have little chances to interact in social or family gatherings. You are less
participating in your family get together or any kind of special occasions. With the increase in
the demand of more services most of the people get no offs on New Year's eves or New
Year's Day, Christmas and many other important days to celebrate with your family
members. In many organizations you do not have fixed working days. Sometimes you have
offs on Monday and the other week on Thursday. Sometimes you do not know what day
would be your off the next week. You cannot plan a get-together with your friends or buy
movie tickets in advance to plan a date with your wife.

Social Impact:
• Increases
• Divorce
• Family violence
• Social Isolation
• Sexual dysfunction
• May affect women more than men

Social Risks:
• Number 1 problem: missing family and friends
• Would rather loose sleep than miss social opportunities & Some activities are flexible
( i.e.: gardening, woodworking, fixing cars)
• Some are not (clubs, team sports, childcare, school activities)
Family and social life:
• Family and friends should be made aware of the potential harmful consequences of
shift work
• Adjust family and social life to maximize interaction
• Maintain physical fitness
• Learn strategies to remain awake at work
Discuss your schedule with family and arrive at ground rules for sleep, meals etc. ground
rules for sleep, meals etc.

Family support is important for shift work to be successful..

Plan time with friends and family. Plan time with friends and family.

Organize task and functions so you can keep a regular schedule.

COUNSELLING AND STRESS MANAGEMENT
What Stress Is... Definitions:
There have been many different definitions of what stress is, whether used by
psychologists, medics, management consultants or others. There seems to have been
something approaching open warfare between competing definitions: Views have been
passionately held and aggressively defended.

What complicates this is that intuitively we all feel that we know what stress is, as it is
something we have all experienced. A definition should therefore be obvious…except that it
is not.

Problems of Definition:
One problem with a single definition is that stress is made up of many things: It is a
family of related experiences, pathways, responses and outcomes caused by a range of
different events or circumstances. Different people experience different aspects and identify
with different definitions.

Hans Selye (one of the founding fathers of stress research) identified another part of
this problem when he saw that different types of definition operate in different areas of
knowledge. To a lawyer or a linguist, words have very precise, definite and fixed meanings.
In other fields, ideas and definitions continue evolving as research and knowledge expands.

Selye’s view in 1956 was that “stress is not necessarily something bad – it all depends
on how you take it. The stress of exhilarating, creative successful work is beneficial, while
that of failure, humiliation or infection is detrimental.” Selye believed that the biochemical
effects of stress would be experienced irrespective of whether the situation was positive or
negative.

Since then, ideas have moved on. In particular, the harmful biochemical and long-
term effects of stress have rarely been observed in positive situations.

The current consensus now, the most commonly accepted definition of stress (mainly
attributed to Richard S Lazarus) is that stress is a condition or feeling experienced when a
person perceives that demands exceed the personal and social resources the individual
is able to mobilize.

People feel little stress when they have the time, experience and resources to manage
a situation. They feel great stress when they think they can't handle the demands put upon
them. Stress is therefore a negative experience. And it is not an inevitable consequence of an
event: It depends a lot on people's perceptions of a situation and their real ability to cope with
it.

Understanding Causes of Stress in Your Life:

This section introduces you to some useful tools that help you to understand the
sources of stress in your life. This section also helps you understand the way you react to
stress, so that you change the way you handle it.

The tools in this section help you to:

• Understand the long-term stress in your life;
• Understand the most serious sources of short-term stress;
• Make best use of all of the resources available to you;
• Find stress management techniques that will be helpful; and
• Plan to manage stress..
Stress and Your Performance:
The Positive Effects of Pressure

Sometimes, however, the pressures and demands that may cause stress can be positive
in their effect. One example of this is where sportsmen and women flood their bodies with
fight-or-flight adrenaline to power an explosive performance. Another example is where
deadlines are used to motivate people who seem bored or unmotivated. We will discuss this
briefly here, but throughout the rest of this site we see stress as a problem that needs to be
solved.

And the Negative.

In most work situations jobs, our stress response causes our performance to suffer. A
calm, rational, controlled and sensitive approach is usually called for in dealing with most
difficult problems at work: Our social inter-relationships are just too complex not to be
damaged by an aggressive approach, while a passive and withdrawn response to stress means
that we can fail to assert our rights when we should.

Before we look further at how to manage stress and our performance, it is important
to look at the relationship between pressure and performance in a little more detail, first by
looking at the idea of the “Inverted-U”, and second by looking at "Flow". This is the ideal
state of concentration and focus that brings excellent performance.
Introducing Stress Management:
Our main definition of stress is that stress is a condition or feeling experienced when a
person perceives that demands exceed the personal and social resources the individual is able
to mobilize.

With this in mind, we can now look at how you can manage all of the stresses that
your career will bring.

From our definition, you can see that there are three major approaches that we can use to
manage stress:

• Action-oriented: In which we seek to confront the problem causing the stress,

changing the environment or the situation;

• Emotionally-oriented: In which we do not have the power to change the situation,

but we can manage stress by changing our interpretation of the situation and the way
we feel about it; and

• Acceptance-oriented: Where something has happened over which we have no power

and no emotional control, and where our focus is on surviving the stress.

Action-oriented approaches - best where you have some control

To be able to take an action-oriented approach, we must have some power in the

situation. If we do, then action-oriented approaches are some of the most satisfying and
rewarding ways of managing stress. These are techniques that we can use to manage and
overcome stressful situations, changing them to our advantage.

The early sections on the navigation bar to the left focus on action-oriented coping.
These sections introduce skills that help you to manage your job actively, work well with
your boss and co-workers, and change your surroundings to eliminate environmental stress.
The Action-oriented sections of this site are:

• Cope with the Stress of Work Overload

• Survive the Stress of Problem Jobs

• Deal With Problem People

• Manage Environmental Stress

• Manage Performance Stress

• Avoid Burnout
Emotionally-oriented approaches - subtle but effective

If you do not have the power to change a situation, then you may be able to reduce
stress by changing the way you look at it, using an emotionally-oriented approach.

Emotionally-oriented approaches are often less attractive than action-oriented

approaches in that the stresses can recur time and again; however, they are useful and
effective in their place. The section on Reducing Stress With Rational Thinking explains
some useful techniques for getting another perspective on difficult situations.

Acceptance-oriented approaches - when there's no valid alternative...

Sometimes, we have so little power in a situation that all we can do to survive it. This
is the case, for example, when loved-ones die.

In these situations, often the first stage of coping with the stress is to accept one’s lack
of power. The section on Defenses against Stress looks at building the buffers against stress
that helps you through these difficult periods. Arguably, the section on Useful Relaxation
Techniques also falls into this category.

These different approaches to stress management address our definition of stress in

different ways: the action-oriented techniques help us to manage the demands upon us and
increase the resources we can mobilize; the emotionally oriented techniques help us to adjust
our perceptions of the situation; and the acceptance-oriented techniques help us survive the
situations that we genuinely cannot change.

Counseling:

What is counseling?

Counseling is a process that enables a person to sort out issues and reach decisions
affecting their life. Often counselling is sought out at times of change or crisis, it need not be
so, however, as counselling can also help us at any time of our life.

Counselling involves talking with a person in a way that helps that person solve a
problem or helps to create conditions that will cause the person to understand and/or improve
his behaviour, character, values or life circumstances.
 Counselling is often performed face-to-face in confidential sessions between the
counsellor and client(s). However, counselling can also be undertaken by telephone, in
writing and, in these days of the Internet, by email or video conferencing.

Counselling can and may take many different formats to bring a person to a better
understanding of them self and others. It can therefore be seen that counselling can be of
benefit to a person experiencing problems in finding, forming, and maintaining relationships.

Relationship counselling is not about giving advice. It is about helping and

supporting a person to find an understanding and answers that work for that person.
Counselling is a friendly, supportive and positive approach to personal development.

Many people seeking counselling, have problems or past experiences in their life,
which they find difficult to overcome. These experiences and problems prevent the person
moving forward in their life. Counselling helps the person face the effects of past experiences
and seek ways to overcome them.

Clients usually find counselling a very liberating and empowering experience. That is
not to say that they do not feel nervous or daunted when first approaching a counsellor, they
do! However, the process and the feeling afterwards, are usually very positive and beneficial.

Counselling may take time to work, depending upon the nature and number of
problems being presented by the client. Sometimes, a single or a few sessions are all that is
needed. At other times, longer periods, possibly months or up to a couple of years may be
needed. The counsellor is there throughout to assist the client in their development.

So if you are facing a crisis in your life, or a period of change, then may be
counselling could help you. If you feel things may be going wrong in your life and you want
to understand why and do something about it, then may be counselling could help.
Counseling Methods:

• Behavioral
• Cognitive
• Psychodynamic

Behavioural:

Behavioural counselling in general practice for the promotion of healthy

behaviour among adults at increased risk of coronary heart disease: randomised

Cognitive:

Cognitive counselling is normally a short term form of counselling, which is

structured, and problem orientated. This gives the client a reason or reasons for their
emotional disturbance, thoughts and behaviour. The counsellor helps the client to become
aware of the automatic thoughts, cognitive distortions and underlying schemata, and will
challenge their belief system by using cognitive and behavioural strategies.

Psychodynamic:
Psychodynamic counselling is derived from psychoanalysis and the work of Freud
and subsequent psychoanalytic theorists. It is a model that uses psychoanalytic concepts to
explain human growth and development, and the nature of psychological problems.

o Depression
o Anxiety, Panic Attacks and Phobias

Personal Counselling:
We all get ‘stuck’ occasionally: and we all feel and experience tension and stress at
various times. Personal Counselling is very beneficial and helpful for us when we feel stuck,
troubled, tense, frightened, stressed, or unsure of ourselves.
Our Counsellors provide you with a safe, warm environment in which you can discuss
you issues and problems and feel safety and security:
People who seek counselling are often feeling vulnerable or confused so expressing
their concerns in a safe and secure environment is very important.
Within this safe and secure environment we will help you work through your issues or
problems and together we will achieve a positive outcome for you.
 Our Counsellor’s will help you learn to create more efficient strategies and plans for
your future. They will help you achieve a more pleasant, more beneficial outcome.
Helping you achieve a positive outcome is done by communicating your problems or
issues with our counsellor. By communicating your issues with our Counsellors in a safe,
secure environment they will help you work through and resolve your issues. Talking with
our Counsellors will assist you to understand yourself and your actions and behaviour better.
It will also help you understand other people’s actions and behaviour better. Counselling will
give you greater insight into “why you and other people do what they do”. Our Counsellor
will also help you create better and more effective strategies and plans to resolve or reduce
your issues or problems.
People find counselling to be a very liberated and empowered experience.
Counselling can help you gain greater self-awareness and power. That is why our Counsellors
will provide you with an opportunity to work towards a more satisfying and happier life.

Relationship Counselling:
If you relationship, or relationships, are in trouble – we can help.
Most relationships have “rocky” patches. And for people in a relationship that feels
like it is “rocky” - it can be very upsetting.
Our Counsellors will help and assist you to fix or repair your relationships and
smooth out the “rocky” patches. They will help you gain more clarity about what is actually
causing the rift in your relationships. Our Counsellors will help you feel better and happier
within your relationship.
Relationship counselling helps you understand yourself and your partner better as you
relate to each other within the relationship.
Through relationship counselling you and your partner will learn new and more
effective way to communicate and relate. You will get to better understand each other’s
thoughts, words, and feelings. You will also learn how to express your wants and desires in a
safe, non-threatening manner.
This is achieved by both of you learning how to communicate with each other in a
way that you can both understand. You will learn how to effectively talk and listen to each
other.
In the process of doing this you will feel better understood by your partner. When
people feel as though they are being listened to they feel as though they are important, and we
all like to feel important. Out need for recognition and validation is universal. We all like to
feel understood and recognised and validated.
Relationship counselling helps both the individual and the relationship partnership.
Relationship counselling is a win-win situation for everyone.
Relationship counselling has been proven to be very effective and beneficial to
yourself, your relationship and your life style.
Mental Health:
Our mind is how we survive. We have to think (use our mind) to operate through life.
Before we do anything we have to think about doing it. It stands to reason then that the
healthier our mind, the healthier our life.
But sometimes our mind lets us down. Sometimes our mind pays tricks on us and
causes us be sad or low.
Seeing a university qualified counsellor to help us get our mind back on track can be a
very helpful exercise.

Depression:
Depression is a lot more common than you realise. A lot of people feel sad and blue
and can’t seem to shake it.
Depression is extra nasty because you can’t see it, you can only feel it. You might be
feeling sad and lonely, or having negative thoughts, but because you can’t see any obvious
signs you are not sure what is going on.
That is why coming to see us will help you overcome your down or depressed times.
We understand how and why people get depressed and feel down. We have the knowledge
and experience to help you overcome your depression and become happy again.
If you feel hopeless and life “stinks”, if you feel as thought “you are in a tunnel with
no way out”, or you feel that the future is so bleak that there is no point to it all - you may be
suffering from some form of depression.
If you have felt in a bleak, blue, sad, depressed state and you have lost interest or
pleasure in most of the things you do for the past few weeks, or you feel that life is pointless
and nothing ever goes your way – you may be suffering from some form of depression.
If you are suffering from depression the best thing you can do is admit it. Only when
you realise that you are suffering from depression can you then get help. “If you don’t think
something is broken it will never be fixed”.

Anxiety/Panic/Phobia:
Anxiety, phobias and panic are like depression. They all affect your mind. You feel
on edge all the time and anxious about everything, or you panic about most things - but you
can’t see that anything is wrong.
If you feel that things always go wrong and you always have to be on the lookout for
things and people to “trip you up” – you may be suffering from anxiety, phobias, or panic.
 If you feel overly anxious and worried far more than you feel calm and stable, or if
you feel restless, have difficulty concentrating, and have trouble sleeping – you may be
suffering from some form of Anxiety or Panic.
Do have a fear of something – e.g. spiders or people– that makes it hard for you to
live a your normal life. If you are you so scared of afraid of this person, people or thing that
you change your life style so you don’t have to deal with them or it – you may be suffering
from some form of phobia.
Anxiety, phobia, and panic (like depression) are extra nasty because you can’t see
them, you can only feel them.
That is why coming to see us will help you overcome your anxious, worrying, or
phobia. We understand how and why people get anxious, worried and panicky. We have the
knowledge and experience to help you get on top of your anxiety, panic and phobias and
enjoy life again.
If you are feeling anxious or worried the best thing you can do is admit it. If you feel
overly anxious, panicky or phobic .

Reference:
• Internet Google search.