THE INDUSTRIAL DISPUTES ACT,1947

S.No 1. ACT The industrial Disputes Act,1947 OBJECTIVE DEFINITIONS Industrial Disputes means any disputes or differences between i. Employees & Employers. ii. Employers & workmens. iii. Workmen & Workmen connected with the terms of employment or conditions of labor of any person. IMPORTANT SECs Section 2A : Appropriate Government Section 2BB: Banking company Section 2G : Employer Section 2J : Industry Section 2K : Industrial dispute Section 2A : Industrial dispute between individual and employer Section 2KA: Industrial establishment or undertaking Section 2KK: Insurance company Section 2LA: Major port Section 2LB: Mine Section 2N : Public utility service Section 2O : Railway company Section 2RR: Wages Section 2S : Workmen (Including an Apprentice) PENALTIES & OFFENCES

The objective of the Industrial Disputes Act is to secure APPLICABILI industrial peace and TY harmony by Applicable providing to all machinery industrial establishme and procedure for the nt & investigation registered and with appropriate settlement of goverment. industrial disputes by negotiations.

INDUSTRIAL EMPLOYEMENT STANDING ORDERS ACT,1946

S.No

ACT

OBJECTIVE

DEFINITIONS

IMPORTANT SECs

PENALTIES & OFFENCES

1.

INDUSTRIAL EMPLOYEMENT STANDING ORDERS ACT,1946

APPLICABILITY This Act may be called the Industrial Employment (Standing Orders) Act, 1946 . (2) It extends to the whole of India 2[ (3) 3[ It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the

To require employers in industrial establishments to define with sufficient precision the conditions of employment under them & to make the said conditions known to workmen employed by them.

Rules relating to working in a factory, which are mentioned in the schedule to the act sec2(g).

1.An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues. (2) An employer who does any act in contravention of the standing orders finally certified under this Act for his industrial

provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification. 4[ (4) 5[ Nothing in this Act shall apply to-(i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (Bombay Act 11 of 1947 .), apply; or (ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961 ) apply: Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961 ),

establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty- five rupees for every day after the first during which the offence continues. (3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government. (4) No Court inferior to that of 2[ a Metropolitan Magistrate or Judicial Magistrate of the second class] shall try any offence under this section.

THE Trade unions Act,1926 S.NO 1. IMPORTANT SECs THE Trade To provide Means any SEC 4& 5 unions for the combination Mode of Act,1926 registration whether temporary registration. of trade or permanent SEC 8 &6 APPLICABILITY unions and to formed primarily registration define law for the purpose of of certificate It extends to relating to regulating the SEC 10 whole of India registered relations between cancelation trade unions. workmen and of employers for registration imposing SEC 11 restrictive Appeal conditions on the SEC 23 conduct of any Change of trade or business , Name and includes any SEC 28 federation of two Annual or more trade returns unions. ACT OBJECTIVE DEFINITIONS PENALTIES & OFENCES *Offences punishable for the failure to submit returns may extend to Rs.5 and in the case of continuing default with an additional fine which may extend to Rs.5 for each week and shall not exceed Rs.50. *Any person who willfully makes, or cause to be made any false or omission from the general statement required by SEC 28 Shall be punishable which may extend to Rs.500. *Registered trade unions , furnishing false informations, shall be punishable with fine which may extend to Rs.200(SEC 31)

FACTORIES ACT 1948

S.No ACT OBJECTIVE DEFINITIONS IMPORTANT SECS PENALTIES & OFFENCES If there is any contravention of any of the provision of the act, the occupier & manager each shall be guilty & punishable with imprisonment for up to 2 years, with a fine up to Rs.100000 or with both. Further extends, shall be punishable with Rs.1000 for each day on which contravention is so continued.

1.

SEC 6 FACTORIES To ensure FACTORY: Approval, ACT 1948 adequate A premise licensing,registration safety wherein 10 or of factories measures more persons SEC 7 and to are engaged if Notice by occupier promote power is used SEC 8 the health or 20 0r more The inspecting staff and persons are SEC 9 welfare of engaged if Power of inspector the power is not SEC 10 workers used in a Certifying surgeon employed manufacturing SEC 11-20 in factories. process. HEALTH PROVISION WORKER: Sec11-cleanliness To prevent A person Sec12-disposal of hazard employed in wastes & effluents growth of manufacturing Sec 13-Ventilation & factories process or temperature through the cleaning or any Sec14-Dust & fumes provisions work incidental Sec 15-Artificial related to to Humidification the manufacturing Sec 16-Overcrowding approval of process. Sec17-Lighting plans OCCUPIER: Sec18-drinking water before the The person who Sec19-Latrines & creation of has ultimate Urinals a factory. control over the Sec20-Spitoons affairs of SEC 21-41 factory. SAFETY OF WORKERS Sec 21-fencing of machinery Sec22-machines in motion

Sec 23-Employement of young persons on dangerous machines Sec24-striking gears Sec25-self-acting machines Sec26-casing of new machines Sec27- cotton openers Sec28-Hoists & lifts Sec29-lifting machines, chains, ropes& lifting tackles. Sec30-Revolving machines Sec31- pressure plant Sec32- floors, stairs Sec33- Pits, sumps, openings in floors Sec34-Excessive weights Sec35-protection of eyes Sec36-dangerous fumes Sec36A-portable electric light Sec37-explosive or inflammable dust, gas Sec 38-precautions in case of fire Sec 39,40-Role of inspector Sec 40B- Safety officer Sec 41- power to make rules to supplement the above provision WELFARE PROVISION

SEC42-49 Sec 42-washing facilities

Sec43-facility for storing and drying of clothes Sec44- facilities for sitting Sec45-first aid appliances Sec46- canteen Sec47-shelter, restroom, lunchroom Sec48-creches Sec49-welfare officer

Workmen compensation Act,1923

S.No ACT OBJECTIVE DEFINITIONS IMPORTANT SECs PENALTIES & OFFENCES

1.

Workmen compensation Act,1923 APPLICABILITY

The Act extends to the whole of India. It applies to workmen employed in factories, mines, plantations, transport establishments, construction work, railways, ships, circuses, & other hazardous occupations & employments specified in Schedule II to the Act. The coverage of this act is also to cooks employed in hotels and restaurants. The Act does not apply to members of Armed Forces of the Union & workmen who are covered by the ESI Act, 1948.

The Act, aims to provide workmen and/or their dependents some relief or compensation in case of accidents arising out of and in the course of employment and causing either death or disablement (partial or total) of workmen.

Commissioner Dependent Employer Disablement Wages Workman

As per this section, Sec.2(1)(b) compensation Comisioner Dependant[Sec.2(1)(d)] has to paid as soon as it is due Employer[Sec.2(1)(e)] In case the Partial disablementemployer does 2.1(g) not accept the Total disablement-2.1(l) liability of Wages[Sec.2(1)(m)] paying the Workman[Sec.2(1)(n)] compensation, Employers Liabilities he is bound to make For provisional Compensation[Sec.3] payment to the Amount Of extent of the Compensation[Sec.4] liability he Compensation to be accepts. Such paid when due & amount has to penalty for be deposited default[Sec.4A] with the Distribution of commissioner Compensation[sec.8] or paid to the Notice & Claim[Sec.10] workman. If he defaults, the Appeals[Sec.30] commissioner may order: the payment of the amount with interest at12 % per year if the default to be unjustifiable then the commissioner may order payment of a further sum not exceeding 50% of the amount.

Employee state insurance act,1948

S.No ACT OBJECTIVE APPLICABILITY To all Factories & establishments employing 20 or more employees. Every employee drawing wages upto Rs. 10,000/- per month. BENEFITS Six kinds of benefits are provided under the Act: *Sickness benefit *Maternity benefit *Disablement benefit *Dependents benefit *Medical benefit and *Funeral expenses. PENALTIES & OFFENCES If any person Fails to pay any contribution payable by him under the Act; or Deducts from the wages of an employee the employer's contributions ; or Fails to submit any return required by the regulations, or makes a false return. He would be punished with imprisonment upto 1 year or with fine upto Rs. 4000/- or with both

1.

Employee state insurance act,1948

The ESI Act has been passed to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for related matters. As the name suggests, it is basically an insurance scheme i.e. employee gets benefits if he is sick or disabled. ESIC - Employees State Insurance Corporation (ESIC) has been formed to supervise the scheme under Section 3 of the Act. The Corporation supervises and controls the ESI scheme.

the employees provident funds and miscellaneous provision Act, 1952

S.No ACT The Employees Provident Funds and Miscellaneous Provision Act, 1952 OBJECTIVE APPLICABILITY BENEFITS PENALTIES & OFFENCES Liable to be arrested without warrant. Defaults by Employer in paying contributions or inspection/ administrative charges attract imprisonment up to 3 years and fine upto Rs 10000. For any retrospective application, all dues have to be paid by employer with damages up to 100% arrears.

1.

*To make provisions for the future of the Industrial Employees after he/she retires & for the dependents in case of his/her early death or disablement. *To help employees to meet family & social obligations. *To cultivate the habit of saving among the employees.

*It extends to the whole of India except the State of Jammu & Kashmir. It applies to every Estt./Factory in which 20 or more employees are employed. *Any Estt employing less than 20, can be voluntarily covered - u/s.1(4). *If the Principal Employer is covered, contractors will automatically be covered irrespective of number of workmen.

*Non refundable loan facility during service for self or family members for marriage, illness, construction of house, education, etc. *Employee can withdraw full amount in his credit on retirement after 55 yrs, Permanent and total incapacity for work due to physical or mental infirmity, migrating abroad.

THE PAYMENT OF GRATUITY ACT, 1972

S.NO ACT OBJECTIVE DEFINITIONS IMPORTANT SECs Application of the Gratuity Act (Sec.1) PENALTIES & OFFENCES

1.

THE PAYMENT OF GRATUITY ACT, 1972

It is basically a retirement benefit to an employee so that he can live life comfortably after retirement.

Gratuity is a lump sum payment to employee when he retires or leaves service.

*Knowingly making false statement/ false Employee [Sec. representation 2(e)] to avoid to make payment Superannuation imprisonment [Sec. 2( r)] up to 06 months, The word or with fine Gratuity has Continuous which may been derived from the word Service (Sec. 2A) extend to Rs.10,000/- or Gratuitous Application for both. which means the Payment of *Failure to Gift or Gratuity (Sec.7) comply with any Present. provision of this Gratuity Act Shall be It is a lump sum payment Disputes (Sec. 7) punishable with imprisonment made by an Eligibility for upto 1 year but employer as Gratuity (Sec. 4) will not be less the retrial than 3 months or reward for his Calculation of with fine, which past service the Amount of will not be less when his Gratuity (Sec. 4) than Rs.10,000/employment but may extend is terminated. Forfeiture of upto Rs. 20,000/Gratuity to the or with both. extent of loss *Any offence [Sec. 4(6)] relating to Nonpayment of any Nomination gratuity (Sec. 6) Employer shall be punishable with imprisonment

for a term which shall not be less than 6 months Recovery of but may extend Gratuity (Sec. 8) to 2 years, unless the court for Exemption from reasons Provisions of the recorded decides Act (Sec. 5) for a lesser term of imprisonment Inspectors [Sec. or a fine, which 7A & 7B] would meet. Penalties (Sec. 9)

Protection of Gratuity (Sec. 13)

Payment of Wages Act, 1936

S.No ACT OBJECTIVE DEFINITIONS IMPORTANT SECs PENALTIES & OFFENCES

1.

Payment To avoid with of Wages holding wages, Act, 1936 delays in paying wages & making unreasonable deductions out of wages.

Appropriate Government Employed person Employer Factory Industrial or other establishment Mine plantation

_ _ _

Contravenes by any employer--1 year imprisonment or Rs.5000 or both If any person has been convicted of any offence again contravenes the same provision, 2 years imprisonment or 10,000 or both

MINIMUM WAGES ACT,1948

S.No ACT OBJECTIVE DEFINITIONS IMPORTANT DEFINITIONS 1. MINIMUM WAGES ACT,1948 CHILD - Age less than 14 ADOLESCENT Age more than14less than 18 ADULT - Age more than 18 Employer APPROPRIATE GOVERNMENT EMPLOYEE WAGES COMMITTEES OR BOARD PAYMENT OF WAGES NORMAL WORKING HOURS OVERTIME WAGES PENALTIES & OFFENCES

To provide Minimum Amount of wages to the Employees

Any employer who had violated the provisions of the Act will be treated as he had made an offence and Rs.500 fine will be collected from the employer. The Appropriate Authority will pass orders for any claims made by Employee against Employer. No Court shall take any case directly. No Court shall take up a Case of Appeal against the order of the Appropriate Authority not more than 30 days from the date of order. In the case of a Company, the person incharge at the time of offence happened will be responsible to discharge the liability under this Act. In the case of a Partnership Firm, the Managing Partner at the time of Offence happened will be responsible to discharge the liability under this Act.

EQUAL REMUNERATION ACT, 1976

S.No ACT 1. OBJECTIVE An act to provide for EQUAL the payment REMUNERATION of equal ACT, 1976 remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto. DEFINITIONS PENALTIES & OFFENCES 1.Appropriate Government If after the commencement 2. of this Act, any employer, commencement being required by or under of this Act this act, omit to do he shall means, in be punishable with fine relation to an which shall not be less than establishment Rs.10000/-but which may or employment, extend to Rs.20000/- or the date on with imprisonment for a which this Act term which shall be not comes into less than 3 months but force in respect which may extend to one of that year or with both. establishment or employment; 3. Employer 4. man and woman mean male and female human beings, respectively, of any age; Remuneration same work or work of a similar nature worker Advisory Committee Inspectors.

BONUS ACT,1965
S.NO 1. ACT BONUS ACT,1965 History 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. OBJECTIVE DEFINITIONS PENALTIES & OFFENCES
For contravention of the provisions of the Act or rules the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both. For failure to comply with the directions or requisitions made the penalty is imprisonment upto 6 months, or fine up to Rs.1000, or both. In case of offences by companies, firms, body corporate or association of individuals, its director, partner or a principal officer responsible for the conduct of its business, shall be deemed to be guilty of that offence, unless the person concerned proves that the offence was committed without his knowledge or that he exercised all due diligence

An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.

Bonus Applicability Bonus Eligibility Disqualification for bonus Computation of number of working days Payment of minimum & Maximum bonus Set On & Set Off

Apprentices Act, 1961

S.No ACT Apprentices Act, 1961 OBJECTIVE DEFINITIONS PENALTIES & OFFENCES If any employer (a) engages as an apprentice a person who is not qualified for being so engaged, or (b) fails to carry out the terms and conditions of a contract of apprenticeship, or (c) contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

1.

The main purpose of the Act is to provide practical training to technically qualified persons in various trades. The objective is promotion of new skilled manpower. The scheme is also extended to engineers and diploma holders. The Act applies to areas and industries as notified by Central government. [Section 1(4)].

Obligation Employer Obligations Apprentices: Who can be an Apprentice

of

of

Reservation training for castes: Duration of Training Contract with Apprentice

of

places

scheduled

Novation contract apprenticeship: Payment to apprentices

of of

PENALTIES.CONT If any employer or any other person (a) required to furnish any information or return (i) refuses or neglects to furnish such information or return, or (ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true, or (iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or (b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorized by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorized by or under this Act, or (c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or (d) employs an apprentice on any work which is not connected with his training, or (e) makes payment to an apprentice on the basis of piecework, or (f) requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970

S.No 1. ACT THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 OBJECTIVE An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. DEFINITIONS CONTRACTOR WORKMEN IMPORTANT SECs SECTION 7 : Registration of certain establishments SECTION 8: Revocation of registration SECTION 9: Effect of nonregistration Section 10: Prohibition of employment of contract labour. Section 11: Appointment of licensing Officers Section 12: Licensing of contractors Section 13: Grant of licences Section 14: Revocation, suspension and amendment of licences. Section 16: Canteen Section 17: Restrooms Section 18: Other facilities

Section 19: Firstaid facilities Section 20: Liability Of Principal Employer In Certain Cases Section 21: Responsibility For Payment Of Wages.

The Maternity Benefits Act, 1961

S.No 1.

ACT
The Maternity Benefits Act, 1961

OBJECTIVE CONDITIONS BENEFITS PENALTY

To Provide Healthy Maintenance Of Pregnant Women Employee and her child Must actually work for 80 days in 12 months immediately previous her date of Delivery. Should intimate the employer Seven Weeks before her delivery date about the leave period. Can take advance payment for 6 week leave before delivery Can take payment for 6 week leave after child birth within 48 hours after submitting the proof. CASH BENEFIT 84 Days Leave with pay A medical bonus of Rs. 1,000/-(As Per latest Amendment) An additional leave with pay up to one month In case of miscarriage Six weeks leave with average pay. Non Cash Benefits Light work for 10 weeks (6 weeks plus 1 month) before delivery. 2 Nursing breaks of 15 Minutes until the child 15 months old. No discharge or dismissal while on maternity leave. Imprisonment with minimum period of 3 months to maximum 01 year Fine from Rupees Two Thousand to Rupees Five Thousand.