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LABOUR LAWS
1. THE ACTS
RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK LEAVES
No Central labour law relating to private industry regarding these holidays is enacted. As it is a State matter. All State Governments have enacted laws regarding these holidays.
Generally all State Legislations has common provision for major matters. They provide at least seven holidays for national and other festivals. Republic day, Independence day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide remaining national and festival holidays.
Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.
These leaves are paid means the employees get the wages of these leaves as they had actually worked for that day.
An employee becomes entitled for these leaves after working for a specified period.
The employee who works in establishment on national/other festival holidays is entitled to get double wages for that day.
2. THE
APPRENTICES ACT, 1961
The apprentice means a person who is under going a course of training in any industry or establishment. The apprentices Act provides provisions for “Regulations and Conditions” of training of Apprentices.
It provides provisions for Apprenticeship Council and Apprenticeship Advisor to administer this Act.
As per this Act and Apprentices should enter into written contract for apprenticeship. Every contract of apprenticeship is to be registered with Apprenticeship Advisor who will register the contract after satisfying that the person described as an apprentice in the contract is qualified for such. Provisions are also made to terminate this contract within its operating period.
The act made
responsible to employer to made suitable arrangements for imparting a course of
practical training to every apprentice. The employer has to pay stipend to the
apprentices. He is also liable for compensation to apprentice in case of any
injury arising in the course of his training. He has also to maintain certain
records and file
certain returns to Apprenticeship Advisor
It also contains provision about the obligations of Apprentice to learn his trade – to attend practical and instructions classes regularly and to carryout all lawful orders of his employer and superiors. He is also bound to carryout the obligations under contract of apprenticeship.
Provisions regarding hours of work, over time, leave, holidays and health safety and welfare of apprentice is also made in this act.
Any dispute under apprenticeship contract can be referred to Apprenticeship Advisor.
Non-implement of many provisions of this act are made offence and punishable by Court of Law. The Apprenticeship Advisor is an authority to make complaint to the Court within six months of the committing of alleged offence.
3. THE
ADMINISTRATIVE TRIBUNAL ACT, 1985: -
Our Constitution provides Tribunals for the Adjudication of certain matters. The Tribunals provides speeduy Justice as their proceedings do not consist of lengthy and complicated Judicial procedure.
This act provides Administrative Tribunals for the adjudication of disputes and complaints with respect to recritment and condition of service of person appointed to Public Services and post in connection with the Affairs of Union /State /Local /Other Authority of Government.
Section-2 describes the persons to whom this Act is not applicable.
The Central Government is authorised to establish Tribunals for Centre /State to excercise the juisdiction powers and Authorities confirmed on the Tribunal by this Act.
The Tribunal consist of
Chairman, Voice-Chairman and members. The procedure of proceedings is given.
The jurisdiction Powers and Authorities of Tribunals are also given. The
Tribunals have power to punish for contemt.
4 THE BEEDI AND CIGAR WORKERS(CONDITIONS OF
EMPLOYMENT) ACT, 1966
This Act provides conditions of
employment for workers of Beedi and Cigar industry. It also provides application
of some other Acts like Industrial Employment (Standing Order) Act-1946,
Maternity Benefit Act-1961 and Industrial Disputes Act-1947 on Beedi and Cigar industry.
Licensing is made necessary for premises where Beedies and Cigars are manufactured.
It has made provisions for cleanliness, ventilation, over crowding, drinking-water, latrines and urinals, first aid facility etc. for workers. It also provides for working hours, weekly holiday and leave with wages. Besides these, many other provisions are made for health-welfare of workers.
Employment of a person less than fourteen years age is prohibited in Beedi and Cigar manufacturing industry. Timing of Women and young persons (persons between fourteen and eighteen years age) working in this industry can be only between 6.00 a.m. and 7.00 p.m.
This Act do not apply on who carries on manufacturing of Beedies and Cigars at his residence with the assistance of his family members. Provided that person is not an employee of an employer to whom this act applies.
5. THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
This Act abolishes the Bonded Labour System and prescribes 3 years punishment for extracting bonded labour.
In our country many labourers are working on very low wages or on no wages with their creditors. They owe some debt from their creditors because of that debt they work with them with very low wages or no wages. This Act is abolished this system.
By this Act, all bonded labourers are made free. They are also made liability free for paying their bonded debts. Any property mortgaged under bonded debt is also made free without paying any amount. The creditors right to accept payment against bonded debt is also extinguished.
District Magistrates and Sub Divisional Magistrates are appointed main authority to implement this Act. Provisions for vigilance committee, to abolish this menace and to provide the economic and social rehabilitation of freed bonded labour are also made.
Offences under these Acts are tried by Executive Magistrates and not by Judicial Magistrates, which look after Criminal case.
The Executive Magistrates are given power of Judicial Magistrates for trying offences under this Act.
The Act provides regulations for employment and condition of services of building and other construction worker. It provides provisions regarding their safety health and welfare. It has come into force from first day of March 1996.
It applies to establishment employing ten or more building workers in any building or other construction workers.
It provides for registration of such establishments. Registrars are appointed for registration. It provides various provisions regarding fixing hour for normal working day, overtime wages, drinking water, latrines and urinals, creches, first-aid canteen etc., employer are also make liable to maintain certain registers and records. Safety provisions at work place are also made.
The act provides for “building and other construction workers welfare board”. The workers has to contribute from their wages to this board. This board looks after various welfare activities of workers including loan and pension to them.
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7. THE
CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.
This Act relates to Child Labour which is less than 14 year of age. It prohibits their employment in some Establishments. The list of such prohibited industries are given in Act.
It regulates the conditions of Child Labour, where their employment is not prohibited. It makes provisions of period of their work. It has also prohibited night duty and over time for child labour.
It has provisions of constituting “Child Labour Technically Advisory Committee” for advising the Central Government.
It is mandatory for occupier/employer to give notice to Inspector about employment of children. He is also required to maintain register.
Violations of provisions under this Act are offence and punishable.
8. THE CHILDREN (PLEDGING OF LABOUR) ACT,
1933
This Act prohibits pledging of children (person under the age of fifteen years) for labour. It makes any agreement for pledging of children void. It also provides penalty for parents or guardians for making agreement to pledge the labour of their child. Any person who makes such agreement with parents or guardians and employ the child under that agreement is also liable for punishment under this Act.
9. THE CINE-WORKERS AND CINEMA THEATRE
WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981.
Cine worker means an individual who is employed in connection with the production of a features film to work as an artiste (including Actor, Musician or Dancer) or to do any work skilled, un-skilled, manual, supervisory, technical, artistic or otherwise.
It applies to such Cine workers whose monthly remuneration does not exceeds 1,600/- p.m. and where such remuneration is by way of lump-sum a sum of Rs. 15.000/- p.m.
It made compulsory a written agreement for employment of a Cine workers and registration of that agreement with competent authority.
It provides provisions for Conciliation Officers for settlement of any dispute between a Cine worker and film producer. It also contains provisions for Cine worker Tribunals for adjudication of disputes between Cine workers and film producers.
The dispute between Cine workers and Film Producers goes first with Conciliation Officer who tries to make a settlement, if he fails, he submits failure report to Centre Govt. which ultimately refers the dispute to Cine workers Tribunal for adjudication. The Tribunal after hearing both the parities submits its award to Central Govt., which implement this award. The High Court has power to revise the award of Tribunal.
PROVISIONS
RELATING CINEMA THEATRE WORKERS
The provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Payment of Gratuity Act, 1972 are made applicable on all Cinema Theatres where five or more workers are employed.
10. THE CONTRACT LABOUR (REGULATION AND ABOLITION ) ACT, 1970
This act is enacted to regulate the conditions of services of Contract Labour. It applies to every establishment and contractor who employs 20 or more workers as contract labour. It has also provisions to empower Government to prohibit contract labour system in any process, operation or other work in any establishment.
“Central Advisory Contract Labour Board” and “State Advisory Contract Labour Board” are established to advise matters arising out of the administration of this Act.
The principal employer has to register itself with Registering Officer under this Act. It also makes mandatory provisions of licensing for contractors.
The act has provisions for welfare and health of contract labour. It has provision of canteen and rest room in certain conditions. It also provides facilities for drinking water, washing facilities, latrines and urinals for contract labour. Provisions of first aid facilities are also made. Contractor is also made responsible for payment of wages to labour.
In case, contractor does not provide facilities, principal employer is made responsible for providing facilities to contract labour. The principal employer is authorized to recover any expenses incurred by him for providing such facilities by deducting from any amount payable to contractor.
By various judgments of courts, it is clear that provisions of ESI and PF are also applicable on contract labour. After contract is over, contract labour has no right to employ in regular services.
11
THE DOCK WORKERS (SAFETY,
HEALTH AND WELFARE) ACT, 1986
This Act provides inspecting staff, their powers etc. for Dock Workers safety. The Chief Inspector of Dock safety is main officer appointed for this purpose. Inspectors are given powers to stop work at any place within dock where it appears to them that conditions are dangerous to life safety of Dock Workers until measures have been taken to remove the cause of the danger to his satisfactions. Such order of inspector is appeal able with Chief Inspector of Dock safety
The State/Central Government are empowered to appoint Advisory Committee to advise upon such matters is arising out of the administration of this Act. The government may refer any such matter for advice to Advisory Committee.
Certain obligations are fixed for Dock Workers also for their safety.
Violation of any provision of this Act by Employer and Dock Workers is punishable.
12.
THE EMPLOYEES LIABILITY ACT,
1938
This Act barred the Courts not to fail any suit for damages in respect of injury caused to a workman only for the reason that at the time of injury, he is working with a person to whom his services are temporarily lent or let by his actual employer.
It is a very small Act with only five sections.
13. THE
EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952
This Act is applicable on establishments public industries, employing 20 or more employees. It is a law for social benefit of employees. The Act has three schemes:-
1. Employee’s Provident Fund Scheme.
2. Employee’s Family Pension Scheme.
3. Employee’s Deposit Linked Insurance Scheme.
Employee’s Provident Fund Scheme: It is a contributory fund for the future of employee after his retirement. Employee and Employer both contribute in this fund. Where the number of employee is less than 50, employees have to pay 10% of their wages towards this contribution. In case of more than 50 employees, employee has to pay 12% of their wages towards this contribution. Employer has to pay 3.67% of wages towards this contribution.
Provident fund is payable to employee after his retirement. In case of its early death, it is payable to person nominated by him or his legal heirs. Some part of Provident Fund can be withdrawn before retirement for construction of House, Children Marriage, etc.
Employee’s Family Pension Scheme:- If contribution is made to this scheme for minimum 10 years, they employee becomes eligible for pension after retirement. In case of his early death, heirs are eligible for pension (only one time contribution is sufficient for pension in case of death - 10 years contribution is not necessary - subject to certain conditions. The contribution towards this scheme is made by Employer 8.33% of employee’s wages. Employee also gets life assurance benefits under this scheme.
Employee’s Deposit Linked Insurance Scheme:- Under this Scheme employee’s get benefit of Insurance of Line. The contribution towards this fund is made by Employer @ .5% of Employee’s wages.
14. THE EMPLOYEES STATE INSURANCE ACT,
1948:
This Act provides worker Medical Relief, Sickness Cash Benefit, Maternity Benefit to Women Workers, Pension to the Dependent of Deceased Workers and Compensation for Injuries during course of Employment.
This Act is applicable on factories which falls under Factory Act. Other Establishment which have 20or more employees are generally covered by this Act. Any employee who receive wages upto Rs. 6,500/- p.m. is eligible to take benefits under this Act.
“Employees State Insurance Corporation is established for the administration of this Scheme by Central Government;
Contribution by both Employee and Employer are made to this Corporation. The rate of contribution for employees is 1.7% while in case of Employer it is 4.75% of Employee’s wages.
The Workman Compensation Act is not applicable where this Act is implemented. Similarly a woman employee exceeding wages up to Rs. 6,500/- p.m. is not entitled to receive maternity benefit from her Employer. These benefits are given by E.S.I. Corporation to them.
15. THE EMPLOYMENT EXCHANGES
(COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959
The Government has
created Employment Exchanges where any un-employed can get itself registered.
The Employment Exchanges helps un-employed to get employment. The main problem of Employment Exchanges is
to find the employers. The Parliament of India has enacted this act to solve
this problem of finding the employer by Employment Exchanges.
By this Act, it is made compulsory for all employers in public – private sector (where more than 24 employees are employed) to notify any vacancy to Employment Exchange before 15 days of filling that vacancy. Section-3 of this Act describes certain vacancies for which this Act is not applicable.
It is also very clearly mentioned in this Act that employer is not under any compulsion to fill the vacancies through Employment Exchanges. He has just to inform (notify) about those vacancies.
It has also mandatory provisions of furnishing certain returns by employer to Employment Exchange. It also provides provisions of “access to records or documents” of employer by an officer of Employment Exchange (As per rules, Director of Employment Exchange or any person having written authority from him can access these records).
Non notification of vacancies, non filling of returns and denying any authorised officer to access the records are made offence punishable by Court of Law.
16.
THE EQUAL REMUNERATION ACT,
1976
This Act is enacted to prohibit discrimination of women in the matter of remuneration (Pay-Wages) with men. It provides equal pay to men and women for same work or work of similar nature. It also prohibit discrimination while recruiting men and women workers (except where the employment of women in such work is prohibited or restricted by any law).
Government is empowered to appoint authorities for hearing and deciding claims and complaints. The appointment of Inspectors for implementation of this Act is also made.
Breach of provisions of this Act are offence and punishable.
This Act provides provisions for the basic minimum requirement for safety, health, welfare and other service conditions such as working hours, leave, holidays etc.
It is applicable on all Factories where manufacturing process is carried out with the aid of power with 10 or more workers. In case manufacturing process is carried without aid of power, number of employees can go up to 20 for the application of this Act.
Registration with Chief Inspector of Factories is made necessary for all Factories coming under this Act. For new factories, a notice regarding starting of manufacturing with other required documents is to be given to Chief Inspector of Factories before 15 days of starting production.
This Act describes in detail about the working conditions and benefits for Factory workers. The knowledge of this Act is must for all who wanted to know about Indian Labour Laws.
16. THE INDUSTRIAL DISPUTE ACT, 1947
The Act is known for famous Indian “LABOUR COURTS” which are constituted under this Act. This is a Act which has given super protection to Indian employees. This Act also provides full machinery for conciliation and adjudication of disputes between employee and employer and vice versa, between workman and workman & between employer and employer.
The Act does not applies on a person employed in Supervisory or Managerial capacity and drawing wages exceeding Rs. 2,500/- per month.
It deal in detail provisions related to strikes and lock outs, lay off and retrenchment and unfair labour practices.
It has special provisions regarding termination of services of a employee. In case, the service of employee is terminated as a punishment inflected by way of disciplinary action, subject to relevant rules and regulation in that regards, the employee has no protection except the provisions of natural justice or no opportunity was given to him to represent his side. In case, the services is terminated without punishment inflected by way of disciplinary action, the employee has right of retrenchment compensation (subject to some exceptions and other provisions of this Act). Its section-2 (o o) details out conditions when the service of a person can be terminated without punishment and retrenchment benefits.
There is provision of Conciliation Officer for consoling the Industrial disputes, if no settlement arise during conciliation, Conciliation Officer gives failure report to Government which sent that Industrial dispute to labour court for adjudication. Labour Court have vast powers to adjudicate any such matter.
The Act is not applicable on Education, Scientific Research or Training Institutions, Hospitals and Dispensaries, Khaddi or Village Industries and domestic service, agriculture operation, etc. etc.
19. THE
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
This Act require employer’s to clearly define the conditions of employment of its workers i.e. Standing Orders/Service Rules. It has also provisions for due information to employees about these conditions.
This Act applies to establishments who have 100 or more workmen employed. The Centre and State Governments are empowered to extend the provisions of this Act to any establishment employing less than 100 workmen. Now generally all establishments employing more than 50 workmen are covered by this Act.
The Standing Orders are to be certified by Certifying Officer appointed under this Act. The detailed procedures for certification of Standing Order are given.
The Act also provides Model Standing orders. Any establishment can accept these Model Standing Orders also. These Model Standing Orders are temporarily applicable to a establishment which comes under the provisions of this Act and whose Standing Orders are not finally certified.
“The List of Matters” to be provided in Standing Orders under this Act is given in Schedule 1 of this Act. In all it is must for providing provisions regarding Rules in 11 matters given in this Schedule.
The conditions for certifying of Standing Orders are given in Section 4 of Act.
20. THE
INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF
SERVICE) ACT, 1979
This Act defines “INTERSTATE MIGRANT WORKMEN” as any person who is recruited by or through a Contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation such establishment.
This Act is to safeguard and regulate the conditions of such workers. It implies to every Establishment/Contractor who employ 5 or more Inter-State Migrant Workers.
It provides registration for principal employer and license for contractor to whom this Act is applicable. It also provides Registering/licensing Officer for this purpose.
It specifies duties/responsibilities of Contractor and liabilities of principal Employers.
It also provides “Displacement Allowance” and “Journey Allowance” besides other facilities to Inter-State Migrant Workers. Wages shall pay in cash to him. Section 21 and 22 deals with some other special provisions for their employment.
This law is enacted to reduce number of records and filling of returns under different Labour Laws by small industries, employing less than 20 persons.
This Act prescribed one single return and three registers for establishment employing more than 9 but less than 20 employees. Similarly, any establishment employing up to 9 employees is liable to maintain only two prescribed registers and one return in lieu of registers and returns maintained under following Acts:
1. The payment of Wages Act, 1936
2. The Weekly Holidays Act, 1942
3. The Minimum Wages Act, 1948
4. The Factories Act, 1948
5. The Plantation Labour Act, 1951
6. The Working Journalists and other Newspapers Employees (Conditions of service) and miscellaneous provisions Act, 1955.
7. The Contract Labour (Regulation and Abolition) Act, 1970
8. The Sales Promotion Employees (Conditions of Service) Act, 1976.
9. The Equal Remuneration Act, 1976.
If any employer maintains registers and fill returns prescribed in this Act, he is not liable to maintain any register/fill any returns under these Acts.
22.
THE MATERNITY BENEFIT ACT,
1961
This Act made provisions for payment of wages to a woman during leave period for giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.
A woman is entitled for full wages during leave for aforesaid reasons. The leave period for delivery of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.
This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit.
A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to dismiss the women employee during the entitlement of this benefit. Section 18 of this Act described the conditions when this benefit can be forfeiture.
Provisions for Inspectors to implement this law are also made. Inspectors are given to power to direct employer to make payment under this Act.
This Act provides provisions for Health, Safety, and Welfare for Mines Workers. It also deals with some other conditions of their service i.e. Leave with Wages. This Act is applicable on Managers also.
The meaning of Mines given in Section 2 (J). The Act does not apply in certain cases, which are given in Section 3.
The Owner, Agent or Manager of a Mine are required to give notice to Chief Inspector of Mines, Controller of Indian Bureau of Mines and District Magistrate minimum before one month of starting mining.
Employer has to provide drinking water, sanitation,
medical facilities etc. All workers are entitled for weekly day of rest. Their
hours of work are also fixed. They are entitled for leave with wages. There are
many other provision
24. THE
MINIMUM WAGES ACT, 1948
The minimum wages Act provides minimum statutory wages to workers. It applies all industries given in Schedule-I of this Act. The Centre and State Government is empowered to any other industry in this Schedule. This Act is applicable even if there is single employee.
The minimum wages are fixed by Government. The Employer who pays wages less than minimum wages fixed by Govt. is punishable under this Act.
The Act also provides maximum hours, weekly rest days, and overtime-related provisions. The wages payable under this Act are to be paid in cash.
It also provides some registers to be maintained by Employer and returns to be filled by him.
25. THE
MOTORS TRANSPORT WORKERS ACT, 1961
The Act aims to provide conditions of service and welfare of Motor Transport Workers. This Act is applicable on any Motor Transport undertaking employing five or more motor transport workers. The State Govt. are empowered to apply this Act on Motor Transport undertaking employing less than five motor transport workers.
Registration of every Motor Transport undertaking with prescribed authority is made compulsory.
The Act provides about hours works, weekly rest, payment of wages and leave with wages. Besides it also provides for other health and welfare provisions such as canteen (where hundred or more Motor Transport Workers are employed), rest rooms, uniforms, medical facilities, etc. etc.
It also prohibits employment of childs (who has not completed his 15th. years) in Motor Transport undertakings. Any person between 15 and 18 years of age can be employed only after getting certificate of fitness by certifying Surgeon.
26. THE
PAYMENT OF BONUS ACT, 1965
This Act makes bonus payment mandatory for every factory (employing ten or more employees) and other establishment employing twenty or more employees. The Central/State Government is empowered to extend the provisions of this Act for any other establishments employing ten or more employees.
Every employee receiving salary/wages up to Rs. 5,000/- per month is entitled to bonus for every accounting year. 30 days working condition for employees in that accounting year is necessary to receive bonus. Section-9 of Act details about the conditions which disqualifies a employee to receive bonus.
8.33% of wages/salary is minimum bonus to be paid. Maximum limit is 20%. Bonus is to be paid in cash and within 8 months of closing the accounting year.
New establishment are given some relaxations in payment of bonus up to first seven years of their operation.
27. THE
PAYMENT OF GRATUITY ACT, 1972
The Act provides “GIFTS” for employees who had worked for more than five years at the time of leaving the service. The condition of five years service is not applicable in case of employee’s death. In case of death, gratuity is paid to persons nominated by employee or if no nomination is made, it is paid to heirs.
It is applicable to almost all industries/establishments employing ten or more persons.
It is paid @ 15 days salary after every year of service. Maximum 20 months of salary can be paid with limit up to Rs. 3,50,000/-. In seasonal industry it is paid @ 7 days salary after every year of service.
Section-4 (6) of this Act deals with conditions regarding forfeiture of gratuity of an employee.
Employers has to obtain compulsory insurance from Life Corporation of India to pay gratuity or to establish any other fund for its payment as per the provision of this Act.
28. THE
PAYMENT OF WAGES ACT, 1936
The Payment of Wages Act is enacted for timely payment of wages to workers. It is applicable on almost all types of establishments. The provisions of this Act is for employees receiving wages up to Rs. 1,600/- p.m.
The Act fixes responsibility for Payment of Wages, Provisions of fixation of wage period (wage period can be fixed for maximum one month).
Wages are to be paid within 7 days of expiry of wage period (in case of less than 1000 employees) and within 10 days in other cases. The wages are to be paid in cash, if employees permit. Wages can be paid by cheque also.
The Act also describes about various deductions, which can be made from wages. Maximum 15% of wages can be deducted under various deductions. In case of payment to Housing Co-operative Society, these deductions can go up to 75% of wages.
29. THE
PLANTATION LABOUR ACT-1951
The Act provides conditions of service and health – welfare measures for plantation labour.
The Act is applicable on 5 hectares or more land used for growing Tea, Coffee, Rubber, Cinchona or Cardamom and on which 15 or more workers are employed. State Government is empowered to apply this Act on plantation of these plants on less than 5 hectares of land or to plantation of any other plants which fulfill 5 hectares or more land condition and employed 15 or more employees.
Registration is compulsory for every employer of Plantation. Registrars are appointed for this registration.
Employers have to provide - drinking water, latrines and urinals, medical facilities, etc. The Act also provides for working hours, weekly holiday, leave with wages etc. It also provides houses for plantation labour.
30. THE
SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976
Any person employed in any Establishment for hire or revered to do any work relating to promotion of Sales or Bushiness, except person engaged in Managerial or Administrative capacity or in Supervisory capacity earning wages more than Rs. 1,600/- p.m. is a sale promotion employee under this Act.
It applies mainly to Pharmaceutical Industry or any other Industry notified in gazette by government.
The provisions of Workmen Compensation Act - 1923, Industrial Dispute Act-1947, Minimum Wages Act – 1948, Maternity Benefit Act-1961, Payment of Bonus Act-1965 and Payment of Gratuity Act-1972 are made applicable on Sales Promotion Employees by this Act.
The employee is entitled for appointment letter and leave with wages. The Employers are also required to maintain some records under this Act.
31. THE
SHOPS AND ESTABLISHMENTS ACT
The Act is for small Establishments which are not covered by any other Act – regulating the condition of service of employees i.e. Shops, Factories having less than 10 workers.
There is no central legislation on this subject as it comes under State preview. Almost all States have passed legislation on this subject.
It normally provides “Registration of Shops and Establishments” , about health, safety, working hours, holidays and paid leaves for workers. Generally, it also require furnishing of a Appointment Letters to employees. It also contains some job protection provisions.
This Act is generally applicable in Corporation areas and not in the whole State.
Enclosed is “Delhi Shop and Establishment” Act for your ready reference. Major provision in such all Acts are almost same.
32. THE
TRADE UNIONS ACT, 1926
A general misunderstanding about this Act is that it is for Labour Unions. This is not correct, even employers have their associations registered under Trade Union Act. Any person other than labour can also make union and that can be registered under this Act.
This Act regulates the conditions of registration-dissolution and their rights & liabilities.
It has provisions for appointment of Registrars for the purpose of registering Trade Unions. It provides procedure for registration of Trade Unions.
Minimum 7 persons are required to make a Trade Union.
It also provides provisions for amalgamation of two or more Trade Unions as one Trade Union.
It describes about objects on which Trade Union fund can be spent. The Trade Unions are also liable to fill certain returns to Registrar. It also contains provisions regarding disqualification of office bearers of Trade Unions. The office bearers and members of Trade Unions have right to inspect Account Books and List of Members of Trade Unions.
It also describes some duties of Registrar.
This Act provides applicability of certain other laws to working journalists/Newspaper Establishment i.e. The Industrial Dispute Act-1947 (with some modifications), The Industrial Employment (Standing Orders) Act-1946 – where twenty or more workmen are employed and The Employees Provident Fund Act-1952.
The provision of separate Wage Boards for the purpose of fixing and revising rates of wages in respect of working journalists and non-journalists newspaper employees are made in this Act. If Central Govt. feels that the Wage Board constituted under this Act is not able to function, it can constitute a tribunal for this purpose. The Central Govt. is also empowered to fix interim rate of wages with consultation of Wage Board, which are binding on all employers in relation to Newspapers establishment.
This Act also provides some provisions for job protection of Journalists and Non-journalists Newspaper employees. It has also provisions of payment of gratuity after three years service. It has also provision for working hours and leave with wages.
34. THE WORKMEN’S COMPENSATION ACT, 1923
This Act provides compensation to workers or their dependants in case of accident during their employment. This accident should cause disablement or death to worker. The Act is also applicable in case of occupational disease (which are due to certain conditions of some works).
This Act is applicable to Establishments given in Schedule-II and III of this Act. However, it is not applicable on Establishments covered by “Employees State Insurance Act”.
Any accident arising out of willful disobedience of Safety Rules, disregard of safety device or under influence of drinks – drugs, the compensation is not payable.
Employee can be medically examined by a qualified Medical Practitioner, if required by the Employer.
In most cases, this compensation is deposited with Govt. under this Act who disburses the compensation.
