A BRIEF CHECK LIST OF LABOUR LAWS

Composed by P.B.S. KUMAR

B.Sc,M.A.(PM),MA(Ind.Eco),MBA(HR),BGL, LLD,DIRPM

APPRENTICES ACT, 1961

CHECKLIST
Object of the Act Object of the Act Promotion of new manpower at skills. Promotion of new manpower at skills. Improvement/refinement of old skills Improvement/refinement of old skills through theoretical and practical training through theoretical and practical training in number of trades and occupation in number of trades and occupation Industr Industry means any industry, or business or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade Sec! "#$% Contr&ct of A''rent(cesh(' To contain such terms and conditions as may be agreed to by the apprentice, or his guardian (in case he is a minor and employers. Ter)(n&t(on of A''rent(cesh(' !n the e"piry of the period of #pprenticeship training. !n the application by either of the parties to the contract to the #pprenticeship #dvisor Sec! 6 P& )ent to A''rent(ces The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified. Sec! 6 A''*(c&b(*(t the Act A''*(c&b(*(t of of the Act #reas and industries as #reas and industries as notified by the -entral notified by the -entral /overnment /overnment Sec! 11 Sec! A''rent(cesh(' Ad/(sor -entral #pprenticeship #dvisor 0 when appointed by -entral /overnment. Sec! "#b%

1u&*(f(c&t(on for be(n+ tr&(ned &s &n A''rent(ce # person cannot be an apprentice in any designated trade unless 1e is not more than +& years of age2 1e satisfies such standard of education #nd physical fitness as %ay be prescribed. Sec! 2 Cond(t(ons for No/&t(on of Contr&ct of A''rent(cesh(' There e"ists an apprenticeship contract. The employer is unable to fulfil his obligation. The approval of the #pprenticeship #dvisor is obtained. #greement must be registered with the #pprenticeship #dvisor. Sec! 0 Per(od of A''rent(ce sh(' Training to be 3etermined by the Ob*(+&t(ons of e)'*o ers To Provide the apprentice with the training in his trade. To ensure that a person duly 4ualified is placed in charge of the training of the apprentice. To carry out contractual obligations. Sec! 11

Nu)ber of A''rent(ces (n 3es(+n&ted Tr&de To be determined by The -entral /overnment after consulting the -entral #pprenticeship -ouncil Sec!4

Ob*(+&t(ons of A''rent(ce To learn his trade conscientiously, diligently. To attend practical and instructional classes regularly. To carry out all lawful orders. To carry out his contractual obligations. He&*th s&fet , -e*f&re )e&sures for A''rent(ces #s per $actories #ct or %ines #ct as the case may be when undergoing training. Hours of .or$ &' to &( in a week while on theoretical training. &' in a week while on basic training. &' to &) in a week in second year of training. #s per other workers (in the third year . *ot allowed to work between +, P% to & #% unless approved by #pprenticeship #dvisor. Le&/e &nd Ho*(d& s -asual leave for the ma"imum period of +' days in a year. %edical leave for the ma"imum period of +) days and the accumulated leave upto &, days in a year. ."traordinary leave upto a ma"imum period of +, days in a year. Sec! 10

E)'*o er5s *(&b(*(t to '& co)'ens&t(on for (njur #s per provisions of 5orkmen6s -ompensation #ct. Sec! 16 Offences , Pun(sh)ent Imprisonment of a term upto 7 months or with fine when employer (I engages as an apprentice a person who is not 4ualified for being so engaged or (ii fails to carry out the terms and conditions of a contract of apprenticeship, or (iii contravenes the provisions of the #ct relating to the number of apprentices which he is re4uired to engage under

CONTRACT LABOUR(9./:;#9#TI!* < #=!;ITI!* ACT,1970 & THE RULES

CHECKLIST
A''*(c&b(*(t
Object of the 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. .very establishment in which ', or more workmen are employed or were employed on any day of the preceding +' months as contract labour. .very contractor who employs or who employed on any day of the preceding twelve months ', or more workmen. Sec! 1 Re/oc&t(on of Re+(str&t(on 5hen obtained by %isrepresentation or suppression !f material facts etc. after opportunity to the principal employer Sec! 9 L(cens(n+ of Contr&ctor .ngaging ', or more than ', workers and on deposit of re4uired fee in $orm I8. 8alid for specified period.Sec!1", Ru*e "1

Re+(str&t(on of Re+(str&t(on of Est&b*(sh)ent Est&b*(sh)ent Principal employer employing

Principal employing ', or moreemployer workers through the ', or moreor workers through the contractor the contractor(s contractor contractor(s on deposit or of the re4uired fee in on deposit of re4uired fee in $orm + $orm + Sec! 7 Sec! 7

Proh(b(t(on of E)'*o )ent of Contr&ct L&bour !nly by the appropriate /overnment through issue of notification after consultation with the =oard (and not -ourts can order the prohibition of employment of contract labour. Sec! 16 Re/oc&t(on or Sus'ens(on , A)end)ent of L(cences 5hen obtained by misrepresentation or suppression of material facts. $ailure of the contractor to comply with the conditions or contravention of #ct or the 9ules. Sec! 18 L&.s, A+ree)ent or st&nd(n+ orders (ncons(stent .(th the Act:Not Per)(ss(b*e :nless the privileges in the contract between the parties or more favourable than the prescribed in the #ct, such contract will be invalid and the workers will continue to get more favourable benefits.
Sec! "6

-e*f&re )e&sures to be t&$en b the Contr&ctor -ontract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained. $irst #id facilities. *umber of rest?rooms as re4uired under the #ct. 3rinking water, latrines and washing facilities. Sec! 16 , 17 L(&b(*(t of Pr(nc('&* E)'*o er To ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities. Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable. Sec! "6

Re+(sters of Contr&ctors Pr(nc('&* e)'*o er To maintain a register of contractor in respect of every establishment in $orm >II. Contr&ctor Ru*e 78 To maintain register of workers for each registered establishment in $orm >III. To issue an employment card to each worker in $orm >I8. To issue service certificate to every workman on his termination in $orm >8. Ru*es 70, 76 &nd 77

9uster Ro**, -&+es Re+(ster, 3educt(on Re+(ster &nd O/ert()e Re+(ster b Contr&ctor .very contractor shall %aintain %uster 9oll and a 9egister of 5ages in $orm >8I and $orm >8II respectively when combined. 9egister or wage?cum?%uster 9oll in $orm >8II where the wage period is a fortnight or less. %aintain a 9egister of 3eductions for damage or loss, 9egister or $ines and 9egister of #vances in $orm >>, from >>I and $orm >>II respectively. %aintain a 9egister of !vertime in $orm >>III. To issue wage slips in $orm >I>, to the workmen at least a day prior to the disbursement of wages. !btain the signature or thumb impression of the worker concerned against the entries relating to him on the 9egister of wages or %uster 9oll?-um?5ages 9egister. 5hen covered by Payment of 5ages #ct, register and records to be maintained under the rules %uster 9oll, 9egister of wages, 9egister of 3eductions, 9egister of !vertime, 9egister of $ines, 9egister of #dvances, 5age slip. Ru*e 79 To display an abstract of the act and 9ules in .nglish and 1indi and in the language spoken by the %ajority of workers in such forms as may be approved by appropriate authority Ru*e 46 To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector and any change forwithwith Ru*e 41

PENALTIES Sec! @ec. '' @ec.'A Offence !bstructions 8iolation Pun(sh)ent $or obstructing the inspector or failing to produce registers etc. ? A months6 imprisonment or fine upto 9s.),,, or both. $or violation of the provisions of #ct or the 9ules, imprisonment of A %onths or fine upto 9s.+,,,. !n continuing contravention, additional fine upto 9s.+,, per day

EMPLOYEES PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952 & THE SCHEMES
CHECKLIST
E*(+(b(*(t #ny person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. P& )ent of Contr(but(on The employer shall pay the contribution payable to the .P$, 3;I and .mployees6 Pension $und in respect of the member of the .mployees6 Pension $und employed by him directly by or through a contractor. It shall be the responsibility of the principal employer to pay the contributions payable to the .P$, 3;I and .mployees6 Pension $und by himself in respect of the employees directly employed by him and also in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor. C*&r(f(c&t(on &bout Contr(but(on #fter revision in wage ceiling from 9s.),,, to Rs!6066 w.e.f. +.7.',,+ per month, the government will continue to contribute 1!16; upto the actual wage of ma"imum 9s.7),, per month towards .mployees6 Pension @cheme. The employer6s share in the Pension @cheme will be 9s.)&+ w.e.f. +.7.',,+. :nder .mployees6 3eposit?;inked Insurance @cheme the contribution B 6!06; is re4uired to be paid upto a ma"imum limit of 9s.7),,. The employer also will pay administrative charges B 6!61; on ma"imum limit of 9s.7),, whereas an e"empted establishment will pay inspection charges B 6!660; on the total wages paid. Notes< The above clarification is given by taking wages upto a ma"imum of 9s.7),, towards wage (basicC3# . @ince an e"cluded employee i.e. drawing wages more than 9s.7),, can also become member of the $und and the @chemes on joint re4uest and if, for instance, such an employee is getting 9s.+,,,,, per month, his share towards provident fund contribution will be 9s.+',, e.g. +'D and employer6s share towards provident fund contributioin will be 9s.7)E and 9s.)&+ towards .mployees6 Pension $und. .very establishment which is factory engaged in any industry specified in @chedule + and in which ', or more persons are employed. #ny other establishment employing ', or more persons which -entral /overnment may, by notification, specify in this behalf. #ny establishment employing even less than ', persons can be covered voluntarily u/s +(& of the #ct.

A''*(c&b(*(t

=enef(ts
.mployees covered enjoy a benefit of @ocial @ecurity in the form of an unattachable and unwithdrawable (e"cept in severely restricted circumstances like buying house, marriage/education, etc. financial nest egg to which employees and employers contribute e4ually throughout the covered persons6 employment. This sum is payable normally on retirement or death. !ther =enefits include .mployees6 Pension @cheme and .mployees6 3eposit ;inked Insurance @cheme.

R&tes of Contr(but(on
SCHE9E E9PLO>EE5S E9PLO>ER5S #mount F (.AAD (in case where contribution is +'D of +,D +,D (in case of certain .stablishments as per details given earlier ,.) (.AAD (3iverted out of 3&)&+es ;ess than ' months annum Two months and above but less than upto four months G.B''D per annum G.B +HD per CENTRAL ?O@T5S

Provident

$und @chem e

+'D

NIL

Insurance @chem e *I; NIL

Pen&* Pro/(s(on
;iable to be arrested without warrant being a cognisable offence. 3efaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto A years and fines upto 9s.+,,,,, (@.+& . $or any retrospective application, all dues have to be paid by employer with damages upto +,,D of arrears.

EMPLOYEES STATE INSURANCE

#-T, +E&( < the @-1.%.

CHECK LIST
A''*(c&b(*(t of the Act , Sche)e Is e"tended in area? wise to factories using power and employing +, or more persons and to non?power using manufacturing units and establish?ments employing ', or more person upto 9s.H),,/? per month w.e.f. +.&.',,&. It has also been e"tend?ed upon shops, hotels, restaurants, roads motor transport undertakings, e4uip? ment maintenance staff in the hospitals.

Co/er&+e
of employees 3rawing wages

R&te of Contr(but(on of the .&+es .mployers6 8!70; .mployees6 1!70;

THE ESI SCHE9E TO3A>

*o. of implemented -entres *o. of .mployers covered lacs *o. of Insured Persons *o. of =eneficiaries *o. of 9egional !ffices/@9!6s *o. of .@I 1ospitals/#nne"es *o. of .@I 3ispensaries *o. of Panel -linics 7HH '.A( () lacs AA, lacs '7 +(A +&)A 'E),

u'to Rs!16666B:
per month engaged either directly or thru6 contractor

9&nner &nd T()e L()(t for )&$(n+ P& )ent of contr(but(on The total amount of contribution (employee6s share and employer6s share is to be deposited with the authorised bank through a challan in the prescribed form in 4uadruplicate on ore before '+st of month following the calendar month in which the wages fall due.

=enef(ts
To the employees under the #ct %edical, sickness, e"tended sickness for certain diseases, enhanced sickness, dependents maternity, besides funeral e"penses, rehabilitation allowance, medical benefit to insured person and his or her spouse.

-A?ES AOR ESI CONTRI=CTIONS

9egisters/files to be maintained by the employers To be dee)ed &s .&+es =asic pay 3earness allowance 1ouse rent allowance -ity allowance compensatory NOT to be dee)ed &s .&+es -ontribution paid by kthe employer to any pension/provident fund or under .@I #ct. @um paid to defray special e"penses entailed by the nature of employment 0 3aily allowance paid for the period spent on tour. /ratuity payable discharge. on

Contr(but(on 'er(od
+st #pril to @eptember. A,th

Contr(but(on 'er(od
If the person joined insurance employment for the first time, say on )th Ianuary, his first contribution period will be from )th Ianuary to A+st %arch and his corresponding first benefit will be from )th !ctober to A+st 3ecember.

+st !ctober to A+st %arch

!vertime wages (but not to be taken into account for determining the coverage of an employee Payment for day of rest Production incentive =onus other than statutory bonus *ight shift allowance 1eat, /as allowance < 3ust

Pen&*t(es
3ifferent punishment have been prescribed for different types of offences in terms of @ection ()J (I (si" months imprisonment imprisonment and and fine fine , 9s.),,, , and (ii (one (five year years ()?#J

Pay in lieu of notice of retrenchment compensation =enefits paid under the .@I @cheme. .ncashment of leave Payment of Inam which does not form part of the terms of employment. 5ashing livery allowance for

imprisonment and not less to ' years and ()?-(' of the .@I #ct, which are self e"planatory. =esides these provisions, action also can be taken under section &,7 of the IP- in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust.

Payment for unsubstituted holidays %eal/food allowance @uspension allowance ;ay off compensation -hildren education allowance (not being reimbursement for actual tuition fee

AACTORIES ACT, 1984

-onveyance #mount towards reimbursement for duty related journey

CHECK LIST

A''*(c&b(*(t of the Act #ny premises whereon +, or more persons with the aid of power or ', or more workers are/were without aid of power working on any dayd preceding +' months, wherein %anufactur? ing process is being carried on. Sec!"#((%

E)'*o er to ensure he&*th of .or$ers 'ert&(n(n+ to -leanliness 3isposal of wastes and effluents 8entilation and temperature dust and fume !vercrowding #rtificial humidification ;ighting 3rinking water @pittons. Secs! 11 to "6 @elf?acting machines. -asing of new machinery. Prohibition of employment of women and children near cotton?openers. 1oists and lifts.

Re+(str&t(on , Rene.&* of A&ctor(es To be granted by -hief Inspector of $actories on submission of prescribed form, fee and plan. Secs! 6

S&fet 9e&sures $acing of machinery 5ork on near machinery in motion. .mployment prohibition of young persons on dangerous machines. @triking gear and devices for cutting off power.

-e*f&re 9e&sures
5ashing facilities $acilities for storing and drying clothing $acilities for sitting $irst?aid appliances 0 one first aid bo" not less than one for every +), workers. -anteens when there are '), or more workers. @helters, rest rooms and lunch rooms when there are +), or more workers. -reches when there are A, or more women workers. 5elfare office when there are ),, or more workers. Annu&* Le&/e .(th -&+es # worker having worked for '&, days B one day for every ', days and for a child one day for working of +) days. #ccumulation of leave for A, days. Secs! 79

-or$(n+ Hours, S're&d O/er , O/ert()e of Adu*ts 5eekly hours not more than &(. 3aily hours, not more than E hours. Intervals for rest at least K hour on working for ) hours. @preadover not more than +,K hours. !verlapping shifts prohibited. ."tra wages for overtime double than normal rate of wages. 9estrictions on employment of women before 7#% and beyond H P%. Secs! 01, 08 to 06, 09 , 66

E)'*o )ent of >oun+ Persons Prohibition of employment of young children e.g. +& years. *on?adult workers to carry tokens e.g. certificate of fitnekss. 5orking hours for children not more than & K hrs. and not permitted to work during night shift. Secs! 01, 08 to 06, 09 , 66

OAAENCE $or contravention of the Provisions of the #ct or 9ules !n -ontinuation of contravention !n contravention of -hapter I8 pertaining to safety or dangerous operations. @ubse4uent contravention of some provisions !bstructing Inspectors 5rongful disclosing result pertaining to results of analysis. $or contravention of the provisions of @ec.&+=, &+- and &+1 pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

PENALTIES Sec!9" to Imprisonment upto ' years or fine upto 9s.+,,,,,,, or both 9s.+,,, per day *ot less than 9s.'),,, in case of death. *ot less than 9s.),,, in case of serious injuries. Imprisonment upto A years or fine not less than 9s.+,,,,, which may e"tend to 9s.',,,,,,,. Imprisonment upto 7 months or fine upto 9s.+,,,,, or both. Imprisonment upto 7 months or fine upto 9s.+,,,,, or both. Imprisonment upto H years with fine upto 9s.',,,,,,, and on continuation fine B 9s.),,,, per day. Imprisonment of +, years when contravention continues for one year.

compulsory CHECK LIST notification of vacancies to employment e"changes.

E9PLO>9ENT EDCHAN?ES -henAct Act(s (snot not&''*(c&b*e &''*(c&b*e A''*(c&b(*(t of the Act -hen (COMPULSORY NOTIFICATION OF VACANCIES A''*(c&b(*(t of the Act An e)'*o )ent (n (n &+r(cu*ture, &+r(cu*ture, Object of the Act An e)'*o )ent hort(cu*tureetc! etc! =y notification in the !fficial hort(cu*ture =y notification in the !fficial #nyemployment employmentin indomestic domesticservice. service. ACT, 1959 & THE RULES To provide for the /aLette, appoint in this #ny /aLette, appoint in this #ny employment, the total duration of
behalf for such @tate and behalf fordates such @tate different may and be different for dates may be appointed different states appointed for different or for different areas states of a or for different areas of a @tate. @tate. #ny employment, the total duration of whichis isless lessthan thanthree threemonths. months. which #ny employment employment to to do do unskilled unskilled office office #ny work. work. #nyemployment employmentconnected connectedwith withthe thestaff staff #ny ofParliament. Parliament. of Sec!2 2 Sec!

Not(f(c&t(on Not(f(c&t(onof of/&c&nc(es /&c&nc(esto toE)'*o E)'*o )ent )entEEch&n+es EEch&n+es =efore =eforefilling fillingup upany anyvacancy vacancyas asprescribed. prescribed. .mployer .mployer not not obliged obliged to to recruit recruit the the person person through through employment employment e"change. e"change. To Tonotify notifythe thevacancies vacanciesto tosuch suchemployment employmente"changes e"changesas asmay maybe be prescribed. prescribed. Secs! Secs!8 8

Aurn(sh(n+ Aurn(sh(n+(nfor)&t(on (nfor)&t(on&nd &ndreturns returns The Theemployer employerin inevery everyestablishment establishment in inpublic publicsector sectorin inthat that@tate @tateor orarea area shall furnish such information or shall furnish such information orreturn return as asmay maybe beprescribed prescribedin inrelation relationto to vacancies vacanciesthat thathave haveoccurred occurredor orare are about aboutto tooccur occurin inthat thatestablishment, establishment,to to such suchemployment employmente"changes e"changesas asmay may be beprescribed. prescribed. Secs! Secs!0 0

T()e T()e *()(t *()(t for for not(f(c&t(on not(f(c&t(on of of /&c&nc(es /&c&nc(es , , se*ect(on se*ect(on #tleast #tleast +) +) days days before before the the applicants applicants will will be be interviewed interviewed or or tested. tested. .mployer .mployer to to furnish furnish the the result result of of selection selection within within +) +) days. days. Ru*es Ru*es 0 0

Sub)(ss(on Sub)(ss(onof ofReturns Returns 1u&rter* 1u&rter* in in$orm $orm.9?I .9?I =IENNIAL =IENNIAL9eturn 9eturn$orm $orm.9?II .9?II th st 5ithin 5ithin A, A, days days by by A, A,th Fune, Fune, A+ A+st th st th 9&rch, 9&rch, A, A, Se'te)ber Se'te)ber < < A+ A+st 3ece)ber! 3ece)ber! Ru*e Ru*e6 6

PENALTIES
#n #n employer employer contravening contravening the the provisions provisions of of @ec.&(+ @ec.&(+ or or (' (' .. $ine $ine upto upto 9s.),, 9s.),, for for first first offence offence and and for for every every subse4uent subse4uent offence offence fine fine 9s.+,,,. 9s.+,,,. If any person 0 If any person 0 9e4uired 9e4uired to to furnish furnish any any information information or or return return 0 0 9efuses or neglects to furnish such 9efuses or neglects to furnish such information information or or return, return, or or $urnishes $urnishes or or causes causes to to be be furnished furnished any any information information or or return return which which he he knows knows to to be be false, false, or or 9efuses 9efuses to to answer, answer, or or gives gives a a false false answer answer to to any any 4uestion 4uestion necessary necessary for for obtaining obtaining any any information information re4uired re4uired to to be be furnished furnished under under section section )2 )2 or or Impedes Impedes the the right right of of access access to to relevant relevant records records or or documents documents or or the the right right of of entry entry conferred conferred by by section section 72 72 he he shall shall be be punishable punishable for for the the first first offence offence with with fine fine upto upto 9s.'), 9s.'), and and for for every every subse4uent subse4uent offence offence with with fine fine upto upto 9s.'), 9s.'), and and for for every Ru*es every subse4uent subse4uent offence offence with with fine fine upto upto 9s.),,. 9s.),,. Ru*es 7 7

IN3CSTRIAL 3ISPCTES ACT, 1987

Object Object of of the the Act Act

Provisions Provisions for for investigation investigation and and settlement settlement of of industrial industrial disputes disputes and and for for certain certain other other purposes. purposes.
I)'ort&nt C*&r(f(c&t(ons Industr 0 has attained wider meaning than defined e"cept for domestic employment, covers from barber shops to big steel companies. Sec!"#I -or$s Co))(ttee0Ioint -ommittee with e4ual number of employers and employees6 representatives for discussion of certain common problems. Sec!2 Conc(*(&t(on0is an attempt by a third party in helping to settle the disputes Sec!8 Adjud(c&t(on 0 ;abour -ourt, Industrial Tribunal or *ational Tribunal to hear and decide the dispute. Secs!7,7A , 7= Po.er of L&bour Court to +(/e A''ro'r(&te Re*(ef ;abour -ourt/Industrial Tribunal can %odify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement. Sec!11A
R(+ht of & -or$)&n dur(n+ Pendenc of Proceed(n+s (n H(+h Court

.mployer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher -ourts. Sec!17=

Persons =ound b Sett*e)ent

5hen in the course of conciliation proceedings etc., all persons working or joining subse4uently. !therwise than in course of settlement upon the parties to the settlement. Sec!14

L& off , P& )ent of Co)'ens&t(on G Cond(t(ons for L& (n+ off $ailure, refusal or inability of an employer to provide work due to @hortage of coal, power or raw material. #ccumulation of stocks. =reakdown of machinery.

Not(ce of Ch&n+e
'+ days by an employer to workmen about changing the conditions of service as provided in Ivth @chedule. Sec!9A

Per(od of O'er&t(on of Sett*e)ents &nd A.&rds # settlement for a period as agreed by the parties, or Period of si" months on signing of settlement. #n award for one year after its enforcement. Sec!19

Pr(or Per)(ss(on for L& off

5hen there are more than +,, workmen during proceeding +' months. Sec!')?%

*atural calamity. Sec!"0:C

L& off Co)'ens&t(on Payment of wages e"cept for intervening weekly holiday compensation ),D of total or basic wages and 3# for a period of lay off upto ma"imum &) days in a year. Sec!"0:C
Pr(or Per)(ss(on b the ?o/ern)ent for Retrench)ent 5hen there are more than +,, (in :P A,, or more workmen during preceding +' months. Three months6 notice or wages thereto. $orm N# -ompensation B +) days6 wages. Sec! "0:N Proh(b(t(on of unf&(r *&bour 'r&ct(ce e(ther b e)'*o er or .or$)&n or & tr&de un(on &s st('u*&ted (n f(fth schedu*e =oth the employer and the :nion can be punished. Sec!"0:T C*osure of &n Cndert&$(n+ 7, days6 notice to the labour authorities for intended closure in $orm N#. Sec!"0AAA Prior permission atleast E, days before in $orm ! by the /overnment when there are +,, ore more workmen during preceding +' months (in :P A,, or more workmen Sec!"0:O

Proh(b(t(on of Str($es , Loc$ Outs

5ithout giving to the employer notice of strike, as hereinafter 3uring the pendency of proceedings before a ;abour -ourt, provided, within si" weeks before striking. Tribunal or *ational 5ithin fourteen days of giving such notice. Tribunal and two months, after the conclusion of such =efore the e"piry of the date of strike specified in any such proceedings. 3uring the pendency of arbitration proceedings before an notice as aforesaid. 3uring the pendency of any conciliation proceedings before a arbitrator and two months after the conclusion of such conciliation officer and seven days after the conclusion of proceedings, where a notification has been issued under @ub? @ection(A# of section +,# such proceedings. 3uring the pendency of conciliation proceedings before a 3uring any period in which a settlement or award is in operation, =oard and seven days after the conclusion of such in respect of any of the matters covered by the settlement or award. Secs!"","2 proceedings.

*ot to alter to the prejudice of workmen concerned the condition of service. To seek ."press permission of the concerned authority by paying one month6s wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one month6s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec!22
Retrench)ent of -or$)en Co)'ens&t(on , Cond(t(ons 5orkman must have worked for '&, days. 9etrenchment compensation B +) days6 wages for every completed year to be calculated at last drawn wages !ne month6s notice or wages in lieu thereof. 9easons for retrenchment -omplying with principle of Mlast come first go6. @ending $orm P to ;abour #uthorities.

Cond(t(ons of ser/(ce etc! to re)&(n unch&n+ed under cert&(n c(rcu)st&nces dur(n+ 'endenc of 'roceed(n+s

Cond(t(ons of ser/(ce etc! to re)&(n unch&n+ed under cert&(n c(rcu)st&nces dur(n+ 'endenc of 'roceed(n+s *ot to alter to the prejudice of workmen concerned the condition of service. To seek ."press permission of the concerned authority by paying one month6s wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one month6s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec!22

PENALTIES
@ec.')?: '7 'H '( 'E A, A+# A+

Act .very industrial establishment wherein +,, or more (in many @tates it is ), or more . #ny industry covered by =ombay Industrial 9elations #ct, +E&7. Industrial establishment covered by %.P. Industrial .mployment (@tanding !rders #ct, +E7+. Sec! 1

Imprisonment of upto 7 months or with fine upto 9s.A,,,,. -ommitting unfair labour practices 9&tters Imprisonment to be 'ro/(ded (n St&nd(n+ orders upto one month or with fine upto 9s.),(9s.+,,, for lock?out or with Illegal strike and lock?ourts both. -lassification of whether permanent, temporary, apprentices, Instigation etc. for illegal strike orworkmen, lock?outs. e.g., Imprisonment upto 7 months or with fine upto 9s.+,,,, or lock?outs. badlis. /iving financial aid toprobationers, illegal strikes and Imprisonment 7 months or with fine upto 9s.+,,,, =reach ofof settlement or award %anner intimating to workmen periodsfor and hours of work, holidays, pay?days and Imprisonment upto 7 months or with fine.!n continuity of offence fine upto9s.',, 3isclosing confidential information pertaining to @ec.'+ wage rates. per day -losure without 7, @hift days6 notice under @ec.') $$# working. Imprisonment upto 7 months or with fine upto 9s.+,,,, -ontravention of @ec.AA pertaining to change of conditions of #ttendance and late coming. Imprisonment upto 7 months or with fine upto 9s.),,,, @ervice during pendency of dispute etc. -onditions for, upto and 7 the authority which may grant, and A''*(c&b(*(t of the Imprisonment months or fine upto 9s.+,,,,. $ine leave upto 9s.+,, 5hen no penally is providedof, for procedure contraventionin applying

Offence

HPun(sh)ent

IN3CSTRIAL E9PLO>9ENT #STAN3IN? OR3ERS% ACT, 1986 , THE RCLES

holidays. 9e4uirement to enter CHECK:LIST premises by certain gates, and liability to search. -losing and re?opening of sections of the industrial establishments, and temporary stoppages of work and the right and liabilities of the employer and workmen arising therefrom. Termination of employment, and the notice thereof to be given by employer and workmen. @uspension or dismissal for misconduct, and acts or omissions which constitute misconduct. %eans of redressal for workmen against unfair treatment or wrongful e"actions by the employer or his agents or servants.

Add(t(on&* 9&tters
@ervice 9ecord 0 %atters relating to service card, token tickets, certification of service, change of residential address of workers and record of age -onfirmation #ge of retirement Transfer %edical aid in case of #ccident %edical ."amination @ecrecy ."clusive service. Secs!"#+%, 2#"% &nd Ru*e "A

Cond(t(ons for Cert(f(c&t(on of St&nd(n+ Orders .very matter to be set out as per @chedule and 9ule '#. The standing orders to be in conformity with the provisions of the #ct.

Sub)(ss(ons of 3r&ft St&nd(n+ Orders 5ithin si" months from the date when the #ct becomes applicable to an industrial establishment. $ive copies of the draft @tanding !rders are to be submitted to the -ertifying !fficer under the #ct. Sec!2

Procedure for Cert(f(c&t(on of St&nd(n+ Orders -ertifying !fficer to forward a copy of draft standing orders to the trade union or in the absence of union, to the workmen of the industry. The trade union or the other representatives, as the case may be, are to be heard. Sec!0

3&te of O'er&t(on of St&nd(n+ Orders !n the date of e"piry of A, days from certification or on the e"piry of H days from authentication of @tanding !rders. Sec! 7

Post(n+ of St&nd(n+ Orders The te"t of the standing orders as finally certified shall prominently be posted in .nglish or in the language understood by majority of workmen on special board at or near the entrance for majority of workers. Sec! 9

Te)'or&r &''*(c&t(on of 9ode* St&nd(n+ Orders Temporary application of mod standing orders shall be deemed to be adopted till the standing orders as submitted are certified. Sec!1":A

P& )ent of Subs(stence A**o.&nce to the Sus'ended -or$ers #t the rate of fifty per cent, of the wages which the workman was entitled to immediately proceeding the date of such suspension, for the first ninety days of suspension. #t the rate of seventy?five percent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct such workman. Sec!1,:A
Cond(t(ons for e*(+(b(*(t of benef(ts

Ten weeks before the date of her e"pected delivery, she may ask the employer to give her light $ailure of employer to submit draft @tanding !rders fine of 9s.),,, and 9s.',, for every day on continuation of work for a month. #t that time offence. she should produce a certificate $ine of 9s.+,, on contravention and on continuation of offence 9s.') for every day. that she is pregnant. @he should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for si" weeks before and after her delivery. @he should also name CHECK LIST the person to whom payment will be made in case she can not Co/er&+e of the Act Cond(t(ons for e*(+(b(*(t of C&sh:pon =enef(ts Object of the Act take it herself. all women employees either employed benef(ts ;eave with average si" weeks delivery. To protectpay thefor dignity of before thedirectly @he should take the payment for or through contractor e"cept domestic 5omen indulging temporary of the first si" weeks before she ;eave with motherhood average pay for si" weeks after the delivery. and the women employees employed in mines, factories, unmarried are eligible for goes on leave. # medical bonusof ofa 9s.') the employer does not provide free medical care to the woman. dignity new if person6s plantations and also in other establishments if the maternity benefit when @he will get payment for she the is si" #n additional leave with pay to one month if the woman shows proof of Therefore, illness due iftothe the birth by providing forup the @tate /overnment so decides. weeks after within &( e"pecting a child?birth child and has pregnancy,full delivery, miscarriage, or premature birth. and healthy @tate /overnment decides to apply this #ct to hours of giving proof that she has worked for her employer for at In case of miscarriage, si" of weeks pay employees from the date miscarriage. maintenance the leave with average women inof shops and commercial had a child. least (, days in the +' months woman and her child atNon C&sh =enef(tsBPr(/(*e+e @he will be entitled to two nursing establishments, they also will get the benefit of this immediately proceeding the ;ight work for ten weekstime (si" weeks before the date of her e"pected delivery, if she this important when plus one month breaks of fifteen minutes each in #ct. =ihar, Punjab 1aryana, 5est =engal, :.P., date of her e"pected asks for it. she is not working. the course of her dailydelivery work till !rissa and #ndhra have done so. Sec! 0! is fifteen months old. her child Two nursing breaks in the course of her daily work until the child is +) months old. 1er employer cannot discharge her *o discharge or dismissal while she is on maternity leave. or change her conditions of *o change to her disadvantage in any of the conditions of her employment while on maternity leave. service while she is on maternity Pregnant women discharged or dismissed may still claim maternity benefit from the employer. leave. EEce't(on J 5omen dismissed for gross misconduct lose their right under the #ct for %aternity Sec! 0!

PENALTIES

9ATERNIT> =ENEAIT ACT, 1961

=enefit

Le&/e for 9(sc&rr(&+e , Tubecto) O'er&t(on ;eave with wages at the rate of maternity benefit, for a period of si" weeks immediately following the day of her miscarriage or her medical termination of pregnancy. .ntitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation.

Le&/e for (**ness &r(s(n+ out of 're+n&nc etc! etc! # woman suffering from illness arising our of pregnancy, delivery, premature birth of child (%iscarriage, medical termination of pregnancy or tubectomy operation be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a ma"imum period of one month. Sec! 16

Proh(b(t(on of d(s)(ss&* dur(n+ &bsence of 're+n&nc

3ischarge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will e"pire during such absence or to very her disadvantage. 3ischarge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will e"pire during such absence, or to vary to her disadvantage any of the conditions of her service. #t the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus, etc. *ot barred in case of dismissal for cross misconduct. Sec!

A&(*ure to 3(s'*& EEtr&ct of Act Imprisonment may e"tend to one year or fine.

Aorfe(ture of )&tern(t benef(t If permitted by her employer to absent herself under the provisions of section 7 for any period during such authoriLed absence, she shall forfeit her claim to the maternity benefit for such period. $or discharging or dismissing such a woman during or on account of her absence from work, the employer shall be punishable with imprisonment which shall not be less than A months, but it will e"tend to one year and will find, but not e"ceeding 9s.),,,,. Sec! 14

9INI9C9 -A?ES ACT, 1984

CHECK LIST
Object of the Act A(E(n+ Hours for forfi"ing Nor)&* To provide -or$(n+ minimum rates of wages in certain employments @hall constitute a normal working day inclusive of 9(n()u) R&tes of one or more specified -&+es intervals. @uch as =asic rates of To provide for a day of wages etc. 8ariable 3# rest in every period of and 8alue days of other seven with concessions etc. Sec! 8 remuneration. To provide for payment for work on a day of rest at a rate not less than the overtime rate.. Sec! 12 A(E&t(on of 9(n()u) R&tes of -&+es The appropriate government to fi" minimum rates of wages. The employees employed in para + or = of @chedule either at ' or either part of notification u/s 'H. To make review at such intervals not e"ceeding five years the minimum rates or so fi"ed and revised the minimum rates. ?o/ern)ent c&n &*so f(E 9(n()u) -&+es for Time work Piece work at piece rate Piece work securing to Co)'os(t(on of for the purpose P& )entof of 9(n()u) such employees on a time work basis !vertime work done by employees piece Co))(ttee R&tes offor -&+es .mployer to pay2to every work or time rate workers. 9epresentation of Sec! employee engated in employer and employee schedule employment at a in schedule employer in Procedure for f(E(n+ &nd rate not less than e4ual number and re/(s(n+ 9(n()u) R&tes of minimum rates of wages independent persons not -&+es as fi"ed by *otification by e"ceeding +/Ard or its total #ppointing -ommittee issue of not making deduction number one such person *otification etc. Sec! 0 other than prescribed. to be appointed by the Sec!1" -hairman. Sec! 9

O/ert()e To be fi"ed by the hour, by the day or by such a longer wage? period works on any day in e"cess of the number of hours constituting normal working day. Payment for every hour or for part of an hour so worked in e"cess at the overtime rate double of the ordinary rate of (+K times or for agriculture labour Sec! 0

-&+es of .or$ers .ho .or$s for *ess th&n nor)&* .or$(n+ d& s @ave as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day. Sec!10

-&+es for t.o c*&ss of .or$ 5here an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, wages at not less than the minimum rate in respect of each such class. Sec! 16 9(n()u) t()e r&te .&+es for '(ece .or$ *ot less than minimum rates wages as fi"ed . Sec! 17

9&(nten&nce of re+(sters &nd records 9egister of A(nes 0 $orm I 9ule '+(& #nnual Returns 0 $orm III 9ule '+ (&?# 9egister for O/ert()e 0 $orm I8 9ule ') 9egister of -&+es0$orm >, -&+es s*('0$orm >I, 9uster Ro**0$orm 8 9ule '7 9epresentation of register 0 for three year 9ule '7?# Sec! 14 C*&()s b e)'*o ees To be filed by before authority constituted under the #ct within 6 months. -ompensation upto 10 times on under or non?payment of wages Sec! 16

PENALITIES

Offence
$or paying less than minimum rates of wages

Pun(sh)ent
Imprisonment upto 7 months or with fine upto 9s.),,/? Imprisonment upto 7 months or with fine upto 9s.),,/?

Sec! "6

$or contravention of any provisions pertaining to fi"ing hours for normal working day etc.

SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE ACT, 197! & THE RULES
CHECKLIST
To To regulate regulate certain certain conditions conditions of of service service of of sales sales promotion promotion employees employees in in certain certain establishments. establishments. A''*(c&b(*(t of the Act 5hole of India with effect from 7.A.+EH7 Le&/e .arned leave and cash compensation on earned leave not availed of. !n full wages for not less than +/++ th of the period spent on duty. ;eave on medical -ertificate !n one?half of the waves for not less than +/+(th of the period of service. -ashable on voluntary relin4uishment or termination other than by way of punishment. Sec!8 9&E()u) *()(t u'to .h(ch e&rned *e&/e -an be accumulated +(, days of which the employee can avail himself E, days at a time. .ncashment of leave +', days. Sec!18

Object Object of of the the Act Act

A''*(c&b(*(t of other Acts 5orkmen6s -ompensation #ct, +E'A Industrial 3isputes #ct, +E&H %inimum 5ages #ct, +E&( %aternity =enefit #ct, +E7+ Payment of =onus #ct, +E7) Payment of /ratuity #ct, +EH' 9&(nten&nce of re+(ster # register of sales promotion employees in $orm =. @ervice =ooks for every employee in $orm # register of service books in $orm 3 ;eave account of each employee in $orm .. Sec! 7 Ru*e "2 -&+es for .ee$* d& of rest .ntitled to wages on weekly days of rest as if he was on duty. Ru*e 7

16 (n c&*end&r

Nu)ber of ho*(d& s (n & e&r e&r Ru*e 8

Issue of A''o(nt)ent Letter (n Aor) A 5ithin three months from the commencement of the #ct and in other case on appointment. Sec!0 Ru*e "" -&+es for ho*(d& s To be entitled for wages on all holidays as if he was on duty. Ru*e 6 Record(n+ of re&son for refus&* or 'ost'one)ent of *e&/e! Ru*e 16 9ed(c&* *e&/e !n production of medical certificate. Ru*e 10

Co)'ens&tor ho*(d& s 5ithin A, days of the day when he was re4uired to work. Ru*e 0

A''*(c&t(on for *e&/e 5hen other than casual leave, not less than one month before commencement of leave e"cept for urgent or unforeseen circumstances. Ru*e 9 Ho*(d& s (nter/en(n+ dur(n+ the 'er(od of *e&/e ."cept casual leave grantged or day of weekly rest, other holidays shall be part of leave. Ru*e 1" EEtr&ord(n&r *e&/e #t the discretion of the employer Ru*e 17

Aff(E(n+ of ho*(d& s to *e&/e Premi"ing or suffi"ing of any leave not permissible Ru*e 11 1u&r&nt(ne *e&/e :pto A, days on the recommendations of authorised medical attendant or Public 1ealth !fficer. Ru*e 16

C&su&* *e&/e +) days in a calendar year. Ru*e 10

PENALT> !n contravention of provisions relating to M;eave6 Issue of #ppointment ;etter or %aintenance of 9egisters fine upto 9s.+,,, Sec! 9

TRADE UNIONS ACT, 192!

CHECKLIST
To provide for the registration of Trade :nion and in certain respects To provide for thethe registration of Trade :nion and in certain to define law relating to registered Trade :nionsrespects to define the law relating to registered Trade :nions Re+(str&t(on Re+(str&t(onof oftr&de tr&deCn(on Cn(on #ny #ny7 7or ormore moremembers membersof ofaatrade tradeunion unionmay, may,by bysubscribing subscribingtheir their names to the rules of the trade union and its compliance. names to the rules of the trade union and its compliance. There There should should be be at at least least 16;, 16;, or or 166 166 of of the the work?men, work?men, whichever whicheveris isless, less,engaged engagedor oremployed employedin inthe theestablishment establishmentor or industry industrywith withwhich whichititis isconnected. connected. ItIthas hason onthe thedate dateof ofmaking makingapplication applicationnot notless lessthan than7 7persons personsas as its itsmembers, members,who whoare areworkmen workmenengaged engaged or oremployed employedin inthe the establishment establishmentor orindustry industrywith withwhich whichititis isconnected. connected. Re+(str&t(on Re+(str&t(onof oftr&de tr&deCn(on Cn(on Prescribed Prescribedform formwith withfollowing followingdetails. details. *ames, occupations and address *ames, occupations and addressof ofthe themembers6 members6 place placeof ofwork. work. #ddress #ddressof ofits itshead headoffice2 office2and and *ames, *ames, ages, ages, addresses addresses and and occupations occupations of of its its office officebearers. bearers. Sec! Sec!0 0

Object of the Act Object of the Act

9(n()u) 9(n()u)reIu(re)ents reIu(re)entsfor for )e)bersh(' )e)bersh('of oftr&de tr&deun(on un(on *ot , ,or *otless lessthan than16; 16; or166 166of of the workmen, whichever the workmen, whicheveris isless, less, subject ,, subjectto toaaminimum minimumof of7 7 engaged or employed in an engaged or employed in an establishments establishmentsetc. etc. Sec! Sec!9A 9A

C&nce**&t(on C&nce**&t(onof of re+(str&t(on re+(str&t(on

IfIfthe thecertificate certificatehas hasbeen been obtained by fraud obtained by fraudor ormistake mistakeor or itithas hasceased ceasedto toe"ist e"istor orhas has wilfully wilfullycontravened contravenedany any provision provisionof ofthis this#ct. #ct. IfIfititceases ceasesto tohave havethe there4uisite re4uisite number of members. number of members. Sec! Sec!16 16

Cr()(n&* Cr()(n&*cons'(r&c cons'(r&c (n (ntr&de tr&de d(s'utes d(s'utes

*o *ooffice officebearer beareror ormember memberof ofaaregistered registered trade trade union union shall shall be be liable liable to to punishment punishment under undersub subsection section(' (' of ofconspiracy conspiracyu/s u/s+',= +',= of of IPIP- in in respect respect of of any any agreement agreement made made between between the the members members for for the the purpose purpose of of furthering any such object of the furthering any such object of the Trade Trade :nion. :nion. Sec! Sec!17 17

3(sIu&*(f(c&t(on 3(sIu&*(f(c&t(onof ofoff(ce off(cebe&rers be&rersof of Tr&de Cn(on Tr&de Cn(on

IfIfone onehas hasnot notattained attainedthe theage ageof of14 14years. years. -onviction for an offence involving -onviction for an offence involvingmoral moralturpitude. turpitude. *ot *otapplicable applicablewhen when0 0years yearshave haveelapsed. elapsed. Sec! Sec!"1:A "1:A

Returns Returns
#nnually #nnually to to the the 9egistrar, 9egistrar, on on or or before before such such date date as as may may be be prescribed, a general statement, audited in the prescribed prescribed, a general statement, audited in the prescribed manner, of manner,of ofall allreceipts receiptsand ande"penditure e"penditure ofevery everyregistered registeredTrade Trade st st3ece)ber! :nion during the year ending on the 21 :nion during the year ending on the 21 3ece)ber! Sec! Sec!"4 "4

Pen&*t(es

Offence $or making false entry in or any omission in general statement re4uired for sending returns. $or making false entry in the form. @upplying false information regarding Trade :nion

Pun(sh)ent $ine upto 9s.),,. !n continuing default, additional fault, 9s.) for each week (not e"ceeding 9s.), . $ine upto 9s.),,. $ine upto 9s.',,.

CBs 21

CBs 2"

PAYMENT OF BONUS ACT, 19!5 & THE RULES

CHECKLIST
A''*(c&b(*(t of Act .very factory where in 16 or more persons are employed with the aid of power or #n establishment in which "6 or more persons are employed without the aid of power on any day during an accounting year Est&b*(sh)ent .stablishment includes 3epartments, undertakings and branches, etc. Se'&r&te est&b*(sh)ent Co)'ut&t(on of &/&(*&b*e sur'*us Co)'onents of =onus If profit and loss accounts are prepared and maintained in respect of any such department or undertaking or branch, then such department or undertaking or branch is treated as a separate establishment. Sec!2 Co)'ut&t(on of +ross 'rof(t $or banking company, as per $irst @chedule. !thers, as per @econd @chedule Sec!8

Income ta" and direct ta"es as payable. @alary or wages includes 3epreciation as per section A' of Income dearness allowance but no Ta" #ct. other allowances e.g. 3(sIu&*(f(c&t(on =onus house rent, 3evelopment rebate, investment or, 3educt(on of over?time, development allowance. incentive or commission. !n dismissal of an employee for Sec!0 Sec!"#"1% $raud2 or riotous or violent behaviour while on the premises of the establishment2

or theft, misappropriation or sabotage of any property of the establishment or

%isconduct of causing financial loss to the .mployer to the e"tent that bonus can be deducted for that year. Secs! 9 , 14!

E*(+(b*e E)'*o ees .mployees drawing wages upto 9s.A),, per month or less. Aor c&*cu*&t(on 'ur'oses Rs!"066 'er )onth )&E()u) .(** be t&$en e/en (f &n e)'*o ee (s dr&.(n+ u'to Rs!2066 'er )onth! Sec!1" *oteJ The proposal to enhance the e"isting ceiling of 9s.A),, is under active consideration by the /ovt.

E*(+(b(*(t of =onus #n employee will be entitled only when he has worked for 26 working days in that year. Sec! 4

P& )ent of 9(n()u) =onus 4!22; of the salary or 9s.+,, (on completion of ) years after +st #ccounting year even if there is no profit Sec!16 Sec! 4 Set:off &nd Set:on #s per @chedule I8. Sec! 10 9&(nten&nce of Re+(sters &nd Records etc!

T()e L()(t for P& )ent of =onus 5ithin ( months from the close of accounting y ear. Sec! +E

# register showing the computation of the &**oc&b*e sur'*us referred to in clause (& of section ', in form #. # register showing the set:on &nd set:off of the allocable surplus, under section +), in form = # register showing the details of the &)ount of bonus due to each of the employees, the deductions under section +H and +( and the amount actually disbursed, in form -. Sec!"6, Ru*e 8 #ct not applicable to certain employees of ;I-, /eneral Insurance, 3ock Oards, 9ed -ross, :niversities < .ducational Institutions, -hambers of -ommerce, @ocial 5elfare Institutions, =uilding -ontractors, etc. etc. Sec!2"! PENALT>
$or contravention of any provision of the #ct or the 9ule :pto 7 months or with fine upto 9s.+,,,. Sec!"4

Sec! 1 A''*(c&b(*(t A''*(c&b(*(t .very .veryfactory, factory, mine, mine,oil oilfield, field, plantation, plantation,port, port, railways, railways,company, company, shop, shop, establishment establishmentor or educational educational institutions institutions employing employing+, +,or or more employees more employees

PA>9ENT OA

?RATCIT>
#-T, +EH' < T1. 9:;.@ CHECKLIST
Sec! "#e% E)'*o E)'*o ee ee 1u&*(f 1u&*(f (n+ (n+'er(od 'er(od !n !nrendering renderingof of) ) years6 service, years6 service, either eithertermination, termination, resignation resignationor or retirement. retirement.

Sec! "#s% -&+es -&+es for for C&*cu*&t(on C&*cu*&t(on B B +) +) days6 days6 wages wages for for every every completed completed year year as as if if the the month month comprises comprises of of '7 '7 days days at at the the last last drawn drawn wages. wages.

C&*cu*&t(on C&*cu*&t(onSec! C&*cu*&t(on C&*cu*&t(on P(ece:r&ted Se&son&* P(ece:r&ted 1 Se&son&* e)'*o e)'*o e)'*o ee ee e)'*o ee ee B B+) +)days days wages wagesfor for every every completed completed year yearon onan an average averageof ofA A months6 months6 wages wages B BH Hdays6 days6 wages wagesfor forevery every completed completedyear year of ofservice. service.

#ll #llemployees employees irrespective irrespectiveof of status statusor orsalary salary .ntitlement .ntitlement !n !ncompletion completion of offive fiveyears6 years6 service servicee"cept e"cept in incase caseof ofdeath death or ordisablement disablement

3(s'*& 3(s'*& of of Not(ce Not(ce !n Ru*e 8 !n conspicuous conspicuous place place at at the the main main entrance entrance in in .nglish .nglish language language or or the the language language understood understood by by majority majority of of employees employees of of the the factory, etc. factory, etc.

Sec! 8#2% Ru*e 9 Sec!6 Ru*e 6 No)(n&t(on No)(n&t(on To Tobe beobtained obtained by byemployer employerafter after e"piry e"piryof ofone one year6s year6sservice, service,in in $orm $ormM$6 M$6 Sec! 8#6% Sec!4 Ru*e 4 Reco/er Reco/er of of ?r&tu(t ?r&tu(t To Toapply applywithin within A, A,days daysin in$orm $ormI I when whennot notpaid paid within withinA, A,days days Aorfe(ture Aorfe(tureof of?r&tu(t ?r&tu(t !n !n termination termination of of an an employee for moral employee for moral turpitude turpitude or or riotous riotous or or disorderly disorderlybehaviour. behaviour. 5holly 5holly or or partially partially for for wilfully wilfully causing causing loss, loss, destruction destruction of of property propertyetc. etc. Sec! 12 Protect(on Protect(onof of ?r&tu(t ?r&tu(t -an6t -an6tbe beattached attached in ine"ecution e"ecutionof of any anydecree decree 9&E()u) 9&E()u) Ce(*(n+ Ce(*(n+

Rs!2,06,666 Rs!2,06,666

9ode 9odeof of '& '& )ent )ent -ash -ashor, or,ififso so desired, desired,by by =ank =ank3raft 3raftor or -he4ue -he4ue

Ru*e 9

Pen&*t(es Pen&*t(es Imprisonment Imprisonment for for 7 7 months or fine months or fine upto upto 9s.+,,,,, for 9s.+,,,,, for avoiding avoiding to to make make payment by payment by making making false false state? state? ment ment or or representa representa ?tion. ?tion. Imprisonment not Imprisonment not less less than than A A months months and and upto upto one one year year with with fine fine on on default default in in comply?ing comply?ing with with the the provisions provisions of of #ct #ct or or 9ules. 9ules.

PAYMENT OF "A#ES ACT, 19$!

CHECKLIST
A''*(c&b(*(t of Act $actory industrial .stablishment Tramway service or motor transport service engaged in carrying passengers or good or both by road for hire or reward. #ir transport service 3ock, 5harf or Ietty Inland vessel, mechanically propelled %ine, 4uarry or oil?field Plantation 5orkshop or other establishment etc. Co/er&+e of E)'*o ees 3rawing average wage upto 9s.7),, pm as amended w.e.f. 7.E.,). A(nes &s 'rescr(bed b *ot to imposed unless the employer is given an opportunity to show cause To record in the register Sec!4 Object Objectof ofthe theAct Act To Toregulate regulatethe thepayment paymentof ofwages wagesof ofcertain certain classes classesof ofemployed employedpersons persons T()e of '& )ent of .&+es The wages of every person employed be paid. 5hen less than +,,, persons are employed shall be paid before the e"piry of the Hth day of the following month. 5hen more than +,,, workers, before the e"piry of the +,th day of the following month. Sec! 0 -&+es to be '&(d (n current co(ns or currenc notes #ll wages shall be paid in current coins or currency notes or in both. #fter obtaining the authoriLation, either by che4ue or by crediting the wages in employee6s bank #ccount Sec! 6

3educt(on )&de fro) .&+es 3eductions such as, fine, deduction for amenities and services supplied by the employer, advances paid, over payment of wages, loan, granted for house?building or other purposes, income ta" payable, in pursuance of the order of the -ourt, P$ contributions, cooperative societies, premium for ;ife Insurance, contribution to any fund constituted by employer or a trade union, recovery of losses, .@I contributions etc.etc. Sec! 7 3educt(on for d&)&+e or *oss $or default or negligence of an employee resulting into loss. @how cause notice has to be given to the employee. Sec!16

3educt(on for &bsence fro) dut(es for un&uthor(sed &bsence #bsence for whole or any part of the day 0 If ten or more persons absent without reasonable cause, deduction of wages upto ( days. Sec! 9

3educt(ons for ser/(ce rendered 5hen accommodation amenity or service has been accepted by the employee. Sec!11

!n contravention of @.) (e"cept sub?sec.& , @.H, @.( (e"cept @s.( , @.E, @.+, (e"cept @s.' and @ecs.++ to +A.

$ine not less than 9s.+,,, which may e"tend to 9s.),,,. !n subse4uent conviction fine not less than 9s.),,,, may e"tend to 9s.+,,,,,. !n contravention @.&, @.)(& , @7, @.((( , @.+,(' or @.') fine not less than 9s.+,,,. 0 may e"tend to 9s.),,,. !n subse4uent !n conviction fine not less. $ine which shall not be less than 9s.+,,, but may e"tend to 9s.),,, 0 !n record conviction fine not less than 9s.),,,, may e"tend to 9s.+,,,,,. $or second or subse4uent conviction, fine not less than 9s.),,, but may e"tend to 9s.+,,,,,

$or failing to maintain registers or records2 or 5ilfully refusing or without lawful e"cuse neglecting to furnish information or return2 or 5ilfully furnishing or causing to be furnished any information or return which he knows to be false or 9efusing to answer or wilfully giving a false answer to any 4uestion necessary for obtaining any information re4uired to be furnished under this #ct. 5ilfully obstructing an Inspector in the discharge of his duties under this #ct2 or 9efusing or wilfully neglecting to afford an Inspector any reasonable facility for making any entry, inspection etc. 5ilfully refusing to produce on the demand of an inspector any register or other document kept in pursuance of this #ct2 or preventing any person for appearance etc. !n conviction for any offence and again guilty of -ontravention of same provision. $ailing or neglecting to pay wages to any employee

$ine not less than 9s.+,,, e"tendable :pto 9s.),,, 0 !n subse4uent conviction fine not less than 9s.),,, 0 may e"tent to 9s.+,,,,,

Imprisonment not less than one month e"tendable upto si" months and fine not less than 9s.',,, e"tendable upto 9s.+),,,. #dditional fine upto 9s.+,, for each day.

"OR%MENS COMPENSATION ACT, 192$

CHECKLIST
A''*(c&b(*(t #ll over India Sec!1 Co/er&+e of -or$)en #ll workers irrespective of their status or salaries either directly or through contractor or a person recruited to work abroad. Sec!1#2% E)'*o er5s *(&b(*(t to '& co)'ens&t(on to & .or$)&n !n death or personal injury resulting into total or partial disablement or occupational disease caused to a workman arising out &n e)'*o ee (s of not *(&b*e for of -hen and during the course employment. co)'ens&t(on Sec!2 In respect of any injury which does result in the total or partial disablement of the workman for a period e"ceeding three days. 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 5illful disobedience of the workman to an order e"pressly given, or to a rule e"pressly framed, for the purpose of securing the safety of workmen, or 5illful 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 workman. Sec!2#&% , #b%

A)ount of co)'ens&t(on 5here death of a workman results from the injury #n amount e4ual to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor on an amount of eighty thousand rupees, whichever is more. 5here permanent total disablement results from the injury. #n amount e4ual to si"ty per cent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of ninety thousand rupees, whichever is more Procedure for c&*cu*&t(on H(+her the &+e G Lo.er the co)'ens&t(on 9elevant factor specified in second column of @chedule I8 giving slabs depending upon the age of the concerned workman. ."ample J In case of death. 5ages 9s.A,,, P% #ge 'A years $actor as schedule I8 9s.+E.E) #mount of compensation 9s.A'EEA) In case of total disablement 9s.AE)E+,. Sec! 8

-&+es 5hen the monthly wages are more than 9s.&,,, per month it will be deemed 9s.&,,,. Sec!8 EEh!b

Not(ce Acc(dent #s soon as Practicable Sec! 16

Re'ort of &cc(dent Ru*e 11 Aor) EE 9eport of fatal #ccident and @erious Injury within H days to the -ommissioner (not application when .@I #ct applies . Sec!16=

=&r u'on contr&ct(n+ out #ny workman relin4uishing his right for personal injury not permissible. Sec!18

PENALT>

In case of default by employer 3eposit of -ompensation

),D of the compensation amount C interest to be paid to the workman or his dependents as the case may be. 5ithin one month with the -ompensation -ommissioner Sec!8A