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Employee Contribution
Provident fund contribution is recovered @ 12% of wages from employees who earn up to a
maximum wage of Rs.6,500/- p.m. However, employees can contribute more than this
statutory maximum which will be considered as Voluntary Contribution.
Objective:
1. The scheme of provident funds, as a social security measure, is meant to induce
employees to save a portion from their present earnings for a rainy day.
2. Provision for their benefit after they retire from service and for their family members
after their death.
3. To provide for the institution of provident funds and family pension and deposit-linked
insurance schemes for employees in factories and other establishments
The member should submit Form 19 to withdraw his provident fund dues on leaving
service/retirement/termination.
To claim pension, the member is required to submit Form 10 C.
The member needs to fill in Forms 19 and 10c and get it signed from the previous
employer and submit it to the provident fund office (in many cases, the employer will
themselves help by submitting the forms).
Normally, it takes about 40 days to have the monies credited to the bank account of the
member after submission of the relevant forms.
1.c Explain briefly the concept of Maternity Benefits Act, 1961.
Objective
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
1. Maternity Leave and benefit To protect the dignity of Motherhood by providing
complete & healthy care to women and her child when she is unable to perform her duty
due to health condition.
2. Maternity Act 1961: Gives her the assurance that her rights will be looked after while
she is at home to care for her child.
Applicability
1. The Act extends to whole to India.
2. Every factory, mine or plantation (including those belonging to Government) and to
every shop or establishment wherein 10 or more persons are employed on any day
preceding 12 months.
Period of Benefit
As ‘Maternity benefit’ is a right of a woman and a duty of her employer wherein the
woman is entitled for the payment of maternity benefit at the rate of the average daily
wage for a specific period before and after the delivery of the child.
As per Section 5 of the Act, the maximum period for which the benefit under this Act can
be availed is a period of twelve weeks. This twelve week can be divided into two six
weeks of which one can be availed prior and up to the date of delivery and the other can
be availed after the date of the delivery.
In case, the mother dies before the delivery then the benefit will be payable up to the date
of her death. In case the mother dies during the delivery or after delivering the child, but
within six weeks, the employer will be liable to pay the benefit for the whole six weeks.
But, if the child also dies along with the mother within the aforementioned period then
the benefit will be payable till the death of the child.
Duties of Employers
Important obligations of employers under the Act are:
To pay maternity benefit and/or medical bonus and allow maternity leave and nursing
breaks to the woman employees, in accordance with the provisions of the Act.
Not to engage pregnant women in contravention of section 4 and not to dismiss or
discharge a pregnant woman employee during the period of maternity leave.
Right of Employees
Important rights of an employee are:
To make a complaint to the Inspector and claim the amount of maternity benefit
improperly with held by the employer.
To appeal against an order of the employer depriving her of the maternity benefit or
medical bonus or dismissing or discharging her from service, to the competent authority,
within 60 days of the service of such order.
Other provisions
Leave for miscarriage
Leave for illness due to pregnancy, delivery and others
Nursing breaks
Dismissal during absence of pregnancy
Deduction of wages is not allowed for nursing breaks
Inspectors
Notice display
Cognizance of offence and others
2.a Define Gratuity.
Gratuity is a monetary benefit given by the employer to his employee at the time of
retirement. ... In 1972, the government of India enacted the Payment of Gratuity Act which
made it mandatory for employers to pay their employees gratuity at the time of quitting,
provided certain conditions were met.
2.b Explain the concept of Employees compensation Act.
The Employees Compensation Act, 1923 requires legal liability upon an employer to
discharge his moral responsibility towards employees when they suffer from any physical
disabilities or diseases, during the course of employment in hazardous working
Conditions.
Objective of compensation act
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.
Amount of compensation
1. Where death of a workman results from the injury:-An amount equal to 50% of the
monthly wages of the deceased workman multiplied by the relevant factor or an amount
of, Rs. 1,20,000 whichever is more.
2. Where permanent total disablement results from the injury:-- An amount equal to 60% of
the monthly wages of the injured workman multiplied by the relevant factor or an amount
of Rs. 1,40,000, whichever is more.
2. In respect of any injury, not resulting in death or permanent total disablement, caused by
an accident which is directly attributable to –
- The workman having been at the time thereof under the influence of drink or drugs, or
- 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
- The willful removal or disregard by the workman of any safety guard or other device
which he knew to have been provided for the purpose of securing the safety of workmen
2.c Explain the Payment of Bonus Act, 1965.
The Payment of Bonus Act, 1965 is the principal act for the payment of bonus to the
employees which was formed with an objective for rewarding employees for their good
work for the organization. It is a step forward to share the prosperity of the establishment
reflected by the profits earned by the contributions made by capital, management and labour
with the employees.
Objective
To improve legal liability to pay bonus [reward for good work] in case of profits or
losses.
To prescribe formula for calculating bonus
To prescribe Minimum & Maximum percentage bonus
To provide of set off/set on mechanism
To provide redressal mechanism
The Payment of Bonus Act, 1965 provides for the payment of bonus to persons employed in
certain establishments, employing 20 or more persons, on the basis of profits or on the basis
of production or productivity and matters connected there with.
The minimum bonus of 8.33% is payable by every industry and establishment under section
10 of the Act. The maximum bonus including productivity linked bonus that can be paid in
any accounting year shall not exceed 20% of the salary/wage of an employee under the
section 31 A of the Act.
Maximum bonus
If in an accounting year, the allocable surplus, calculated after taking into account the
amount ‘set on’ or the amount ‘set of’ exceeds the minimum bonus, the employer should
pay bonus in proportion to the salary or wages earned by the employee in that accounting
year subject to a maximum of 20% of such salary or wages.
The Act provides for compulsory registration of shop/ establishment within thirty days of
commencement of work and all communications of closure of an establishment within 15
days from its closing.
It also lays down the hours of work per day and week as well as the guidelines for spread-
over, rest interval, opening and closing hours, closed days, national and religious holidays,
overtime work, etc.
Main Provisions
Compulsory registration of shop/establishment within thirty days of commencement of
work.
Communications of closure of the establishment within 15 days from the closing of the
establishment.
Lays down the hours of work per day and week.
Lays down guidelines for spread-over, rest interval, opening and closing hours, closed
days, national and religious holidays, and overtime work.
Rules for 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.
Maintenance of registers and records and display of notices.
Obligations of employers.
Obligations of employees.
3.b Explain briefly the Child Labor Act, 1986.
Child labour is the practice of having children engages in economic activity, on part or full-
time basis. The practice deprives children of their childhood, and is harmful to their
physical and mental development. Poverty, lack of good schools and growth of informal
economy are considered as the important causes of child labour in India
Objective of Child Labor Act
To prohibit the engagement of children in certain employment’s
To regulate the conditions of work of children in certain other employment’s.
Penalties
(1) Whoever employs any child or permits any child to work in contravention of the
provisions of Sec. 3 shall be punishable with imprisonment for a term which shall not be
less than three months but which may extend to one year or with fine which shall not be less
than ten thousand rupees but which may extend to twenty thousand rupees or with both.
(2) Whoever, having been convicted of an offence under Sec.3, commits a like offence
afterwards, he shall be punishable with imprisonment for a term which shall not be less than
six months but which may extend to two years.
The objectives of the Payment of Gratuity Act, 1972 are mentioned below-
1. To provide for a Scheme for the payment of Gratuity to employees.
2. To provide for matters connected with or incidental to the Scheme for payment of
Gratuity.
3. To provide retiring benefits to employees who have rendered continuous services to his
employer and thereby contributed to his prosperity.
4. To define the principles of payment of gratuity according to the prescribed formula.
5. To provide machinery for the employment of liability for payment of gratuity.
3. The amount of gratuity payable to an employee shall not exceed three lakh and fifty
thousand rupees.
4. If the amount of gratuity is not paid by the employer within the prescribed time, the
person has then right to apply to the controlling authority for the recovery the gratuity.
5. 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, shall be forfeited to the extent of the damage or loss so
caused. The gratuity payable to an employee may be wholly or partially forfeited:- (i) if
the services of such employee have been terminated for his riotous or disorderly conduct
or any other act of violence on his part; or (ii) if the services of such employee have
been terminated for any act which constitutes an offence involving moral turpitude,
provided that such offence is committed by him in the course of his employment.
6. Provisions regarding Nomination: - According to Section 6, each employee who has
completed one year of service shall make nomination for the purpose of payment of
gratuity in case of his death.
7. Whoever, for the purpose of avoiding any payment to be made by himself under this Act
or of enabling any other person to avoid such payment, knowingly makes or causes to be
made any false statement or false representation, shall be punishable with imprisonment
or with fine or with both. Also, if an employer contravenes or makes default in
complying with any of the provisions of this Act or any rule or order made there under,
shall be punishable with imprisonment or with fine or with both.
Applicability of Act
Applicability of the Act:
All factories
Shops employing 20 or more persons.
Such other Govt. specified establishments
Act does not apply to: Seasonal factories. The factories exempted as seasonal from the
provisions of the act
Mines
Railway running sheds
Govt. factories or establishments and Indian naval, military, or air force
Other Govt. notified exempted establishments
Welfare - Adequate facilities for washing, sitting, storing cloths when not worn during
working hours. If a worker has to work in standing position, sitting arrangement to take
short rests should be provided.. Adequate First aid boxes shall be provided and maintained.
Overtime Wages - If a worker works beyond 9 hours a day or 48 hours a week, overtime
wages are double the rate of wages are payable. Total working hours including overtime
should not exceed 60 in a week and total overtime hours in a quarter should not exceed 50.
Register of overtime should be maintained.
Safety –
• All machinery should be properly fenced to protect workers when machinery is in
motion.
• Hoists and lifts should be in good condition and tested periodically.
• Pressure plants should be checked as per rules.
• Floor, stairs and means of access should be of sound construction and free form
obstructions.
• Safety appliances for eyes, dangerous dusts, gas, fumes should be provided.
• Safety Officer should be appointed if numbers of workers in factory are 1,000 or
more.
Working Hours - A worker cannot be employed for more than 48 hours in a week. Weekly
holiday is compulsory. If he is asked to work on weekly holiday, He cannot be employed
for more than 9 hours in a day. At least half an hour rest should be provided after 5 hours.
Total period of work inclusive of rest interval cannot be more than 10.5 hours. A worker
should be given a weekly holiday. Overlapping of shifts is not permitted. Notice of period
of work should be displayed.
Leave - A worker is entitled in every calendar year annual leave with wages at the rate of
one day for every 20 days of work performed in the previous calendar year, provided that he
had worked for 240 days or more in the previous calendar year.
Child Employment - Child below age of 14 cannot be employed. [Section 67]. Child above
14 but below 15 years of age can be employed only for 4.5 hours per day or during the
night. [Section 71]. He should be certified fit by a certifying surgeon