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AN ACT TO PREVENT SWEATED LABOUR AND EXPLOITATION OF LABOUR The Act extends to the whole of India
Requires the Central and State Govt. to fix minimum rates of wages in certain scheduled employment. Minimum wages fixed REVISED from time to time
Suspension
Any interim decision of an employer debarring an employee temporarily from attending his office
Eligibility to Bonus
employee whose salary/ wages does not exceed Rs 10000 per month who has worked in the establishment for not less than 30 days Not disqualified to claim bonus due to fraud, theft or any other misconduct Bonus of very person drawing salary between Rs 3500/- and Rs 10000/- per month shall be calculated as if his salary were Rs 3500 pm
Rate of Bonus
Minimum :8.33% of salary/wages Maximum 20% of salary/wages Computation of bonus as per Schedule I to IV of the Act. Adjust any interim bonus paid while making payment of the final bonus.
Disputes on Bonus
The Bonus Act does not provide for any machinery to resolve disputes relating to bonus. For this, the Industrial Dispute Act shall be referred to.
Gratuity is in the nature of a retirement benefit payable to an employee for a long and meritorious service.
It is not paid to an employee gratuitously or merely as a matter of boon. It is paid for the service rendered by him to the employer (Delhi Cloth and General Mills Co; Ltd Vs The Workmen) Then why it should necessarily be denied to him when an employee is dismissed for misconduct at a latter stage of service ???
Gratuity is payable to an employee on termination of his employment after he has rendered continuous service for not less than five years
on his superannuation on his resignation on his death or disablement due to employment injury or disease
Rate of gratuity
15 days wages for every completed year of service Rates applicable to Working Journalists depends upon the service of the employee as provided in the Working Journalists and Other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955
The average pay of the monthly rated employee shall be taken by dividing the monthly salary/ wages by 26 and not by 30
Salary ceiling
The Amendment Act of 1994 removed the salary ceiling of an employee, but the maximum gratuity payable shall be Rs 3.5 lakh.
In order to be eligible for gratuity, employee should have at least five continuous years of service with the employer
An employee is in service in a calendar year provided he has worked for
190 days in case employee is employed below the ground and 240 days in any other case.
For seasonal employment 75% attendance during a season shall constitute service in a year
An employee who has worked for 4 years 11 months and 10 days not eligible for gratuity as decided in P. Raghavalu and Sons Vs Additional Labour Court, Andhra Pradesh, as the qualifying phrases part thereof in excess of six months shall be taken only for calculation of gratuity and not for determining the eligibility of gratuity.
THE INTERSTATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979
Act to regulate the employment of interstate migrant workers and to provide for their conditions of service.
Provides for
Registration of establishments employing interstate migrant workmen, licensing of contractors, appointment of licensing officers, prohibition of employment of migrant workmen without registration and duties and obligations of contractors provided under the Act.
Employer to ensure
Regular payment, equal pay for equal work irrespective of sex, suitable conditions of work, medical facilities, protective clothing etc shall be ensured to such workmen. The contractor to maintain register of migrant employees, send report of accidents, half yearly returns (From 23) and annual returns (Form 24) Employer contravening the provisions liable for punishment of imprisonment or fine or both
No discrimination
No discrimination while making recruitment for the same work or work of a similar nature, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force. No discrimination in any condition of service subsequent to recruitment such as promotions, training or transfer.
Contract of apprenticeship
A contract of apprenticeship training is entered in to between the employer and the apprentice or, if he is a minor, guardian of the apprentice. The contract of apprenticeship training is to be sent to the Apprenticeship Adviser of the respective area.
Termination of training
on the expiry of the period of apprenticeship training specified in the contract. Premature termination by employer the employer shall pay to the apprentice such compensation as may be prescribed Premature termination by the apprentice apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser
NUMBER OF APPRENTICES
Depends on the ratio of trade apprentices to workers other than unskilled workers and the facilities available and that may be made available by the employer for training the apprentices.
ITIs
if the number of apprentices to be trained is less than twelve, then the employer may depute such apprentices to any Basic Training Center or Industrial Training Institute run by the Government for basic training in any designated trade. Where an employer deputes any apprentice as above, such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government.
RI Centre
Apprentice to be given Related Instruction course. Time spent by a trade apprentice in attending classes on RIC shall be treated as part of his paid period of work.
EMPLOYERS to ensure
Placement of Training Officer with suitable qualification Payment of stipend at a rate not less than the prescribed minimum rate Not to pay on the basis of piece work Not to require to take part in any output bonus or other incentive scheme
Disputes
Any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for decision.
Fatal Injury - Rs.4,57,080 Permanent Total Disablement - Rs.5,48,496 Permanent Partial Disablement - According to incapacity caused Temporary Disablement - Rs. 2000 per month upto a period of 5 years
The liability of payment of compensation shifted from the employer to the Employees State Insurance Corporation
Applicability
Applies to all factories and establishments in which 20 or more are employed Continuity of application Exemption Where employees get benefits in the nature of provident fund or old age pension fund from the establishment which are not less favourable than the benefits under the Act.
membership
An employee at the time of joining the employment and getting wages up to Rs.6500/- is required to become a member. an employee is eligible for membership of fund from the very first date of joining a covered establishment.
Contribution to EPF
Employees share : 12% of the Basic + DA Employers contribution : 12% to be deposited as : 8.33% to be deposited in Pension Fund A/C No 10 and the balance, ie, 3.67% to be deposited in Provident Fund A/C No 01 along with Employees share of 12%
Contribution (contd.)
Administration charges @ 1.1% of the total wages/salary disbursed by deposit to A/C No 02, Employees Deposit Linked Insurance @ 0.5% of the total wages/salary by deposit to A/C No. 21 and Administration of EDLI @ 0.01% of the wages/ salary by deposit to A/C. No. 22.
Duties of employer
Employer to furnish information about: (a) Ownership and names of responsible persons of the establishment. (b) Declaration and nomination. (c) Joining and leaving of service by the members in form 5 and form 10 respectively (d) Form 12A with monthly challans of deposit. (e) Form 9 for details of employees. (f) Form 3A/6A at the end of the financial year. (g) Any other information as may be required under Para 76 of the scheme
Benefits to employees
Provident Fund Benefits Pension Benefits Death Benefits
On resignation, the member can settle the account. i.e., the member gets his PF contribution, Employer Contribution and Interest
Pension Benefits
Pension to Member Pension to Family (on death of member) Scheme Certificate
This Certificate shows the service & family details of a member This is issued if the member has not attained the age of 58 while leaving an establishment and he applies for this certificate Member can surrender this certificate while joining another establishment and the service stated in the certificate is added with the service he is gaining from the new establishment. After attaining the age of 50 or above, the member can apply for Pension by surrendering this scheme certificate (if total service is at least 10 years) This is a better choice than Withdrawal Benefit, that if a member dies holding a valid scheme certificate, his family will get pension (Death when NOT in service)
No amount is taken from Member to give Pension to the Member. Employer and Govt. contribute to Pension fund @8.33% and @1.16% respectively EPFO guarantees pension to members, even if the Employer has not contributed to Pension Fund.
Death Benefits
Provident Fund Amount to Family (or to Nominee) Pension to Family (or to Parent / Nominee)
Nominee is basically determined as per the information submitted by the member at this office through FORM-2