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Indian Labour laws

27 Aug

5ATABLE OF CONTENTS

  1. SHOPS & ESTABLISHMENTS ACT
    1.1 PROCEDURE FOR ISSUING A NEW REGISTRATION CERTIFICATE
    1.2 WORKING HOURS , OVERTIME & CLOSE DAY
    1.3 COMPULSORY HOLIDAYS
    1.4 LEAVES & WAGE DURING LEAVES
    1.5 DISMISSAL & TERMINATION
    1.6 RECOVERY OF ADVANCE
    1.7 ACCIDENTS
    1.8 RECORD
    1.9 LETTER OF APPOINTMENT
  2. EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
    2.1 SCOPE
    2.2 CONTRIBUTION
    2.3 RETURNS
    2.4 REGISTERS
  3. PAYMENT OF BONUS ACT, 1965
    3.1 SCOPE
    3.2 CONTRIBUTION
    3.3 RETURNS
    3.4 REGISTERS
  4. EMPLOYEES’ STATE INSURANCE ACT, 1948
    4.1 SCOPE
    4.2 CONTRIBUTION
    4.3 RETURNS
    4.4 REGISTERS
  5. PAYMENT OF GRATUITY ACT, 1972
    5.1 NOMINATION
    5.2 AMOUNT
    5.3 PAYMENT PERIOD
    5.4 DISPLAY
  6. THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959
    6.1 SCOPE
    6.2 RETURNS
  7. THE MATERNITY BENEFIT ACT, 1961
    7.1 SCOPE
    7.2 LEAVES
    7.3 BONUS

1. SHOPS & ESTABLISHMENTS ACT

SECTION HEADING PROVISION
1.1 Procedure for issue of new Registration Certificate a) Application: Made in the specified format
b) Processing Charges : Rs 200/- to be paid along with the application
c) Documents to be enclosed:
i) Ownership documents/Proof of Possession and/or Proof of authorization/tolerated status of the structure as format Indemnity Bond on non-judicial stamp paper
ii) Undertaking/Indemnity bond as per the specified formats
d) Inspection: Concerned Municipal Staff will visit the premises within 10 days from the date of receipt of application
e) Issuance/Rejection: The processing gets completed within 15 days from the date of receipt of application and the applicant will be issued Registration Certificate or the rejection letter as the case may be.
1.2 Working Hours , Overtime & Close Day Normal working hours(Sec. 8)
9 hours a day /48 hours a week
Opening hours not before 8 AM and closing hours not after 6 PM
Rest (Sec. 10)
1/2 hour each day
Period of continuous work not to exceed 5 hours
Spread over(Sec. 11)
10 1/2 hours including interval for rest
Overtime(Sec. 8)
Should not exceed 54 hours including normal working hours in a week
Overtime should not exceed 150 hours a year
Close Day(Sec. 16)
There should be one close day every week
1.3 Compulsory holidays(Sec 16) 3 National holidays (26 Jan, 15 Aug, 2 October)
Weekly close day; and PL / CL
1.4 Leaves- Sec. 22 PL -Not less than 15 days after every 12 months continuous service, provided that if an employee completes a period of 4 months in continuous employment, he shall be entitled to not less than 5 days PL for every such completed period.
-Can be accumulated upto 3 years (i.e. upto 3 times the period of leave to which the employee is entitled after one year.
-If an employee separates before he has been allowed PL, the employer shall pay him full wages for the period of leave due to him.
SL/ CL -SL or CL not less than 12 days in a year, provided that if an employee completes a period of 1 month in continuous employment, he shall be entitled to not less than 1 days CL for every month.
-Need not be accumulated beyond one year.
1.4 Wages during leave Sec. 23 At a rate equivalent to daily average of his wages for the days on which he actually worked during the preceding three months, excluding overtime, but including dearness allowance.
1.5 Notice of dismissal Sec. 30 In case of employee completing 3 months continuous service, minimum 1 month’s written notice/ payment in lieu thereof is required by either side, as the case may be.
1.5 Termination by or on behalf of the employer(Sec. 19-5) Wages to be paid before the expiry of 2nd working day after the day on which employment is terminated
1.6 Recovery of advances – Sec. 20(2)(vi) Deduction for recovery of advances should not exceed one-fourth of the wages earned in that month
1.7 Accidents Sec. 29 The provisions of Workmen’s’ Compensation Act 1923 shall apply if the accident occurs in the course of employment. If ESI is applicable to the employee, the employer shall cease to be liable under the Workmen’s’ Compensation Act.
1.8 Records Sec. 33 Close Day Notice (Form K);
Hours worked, amount of leave taken, intervals allowed for rest and meals, particulars of all employment overtime;
Form K to display.
1.9 Letters of appointments Sec. 34 The following particulars should be contained in the appointment letter:
The name of the employer;
The name, if any, and the postal address of the establishment;
The name, father’s name and the age of the employee;
The hours of work;
Date of appointment.

2. EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952

SECTION HEADING PROVISION
2.1 Scope To all establishments with 20 or more employees. Employees contribution upto a Salary (Basic + DA) less than or equal to Rs. 6500/- ; Salary (Basic + DA) <=6500
2.2 Contribution *Employer’s share
8.33%-Pension; 3.67%-PF; 0.5%-EDLI.
1.10% or Rs.5, whichever is high, for administration of PF;
0.01% or Rs.2, whichever is high, for administration of EDLI;
*Employee’s share
12%-PF
*Contribution to be deposited within 15 days through challan (i.e. to submit the challans alongwith monthly returns on or before 15th of every month)
2.3 Returns *Monthly- submitted before 25th  of the month (Form 5A, 10A and 12A)
*Annual- submitted before 25th  of April every year (Form 3A & 6A)
*Return of membership, showing addition /deletion in members with details within 15 days of the close of every month (Form 9 / 5)
2.4 Registers *Eligibility Register: to record the particulars of every employee eligible to become a member of PF and the number of working days during each month
*PF Register: in the form of contribution cards for each employee
*PF Ledger: this ledger contains the total monthly contributions, withdrawals from the account, repayment of loans and balance at the end of each month
*Inspection Book: to record the observations of an Inspector on his visit to the establishment

3. PAYMENT OF BONUS ACT, 1965

SECTION HEADING PROVISION
3.1 Scope *Salary (Basic + DA + any payment on account of rise in the cost of living) less than or equal to Rs.3500/-
*Employee should have worked for at least 30 working days during that year
3.2 Contribution *8.33-20% of wages, to be made within 8 months of close of Accounting Year
3.3 Returns Annual Return within 30 days after expiry of the time limit specified for payment of bonus (Form D)
3.4 Registers (Form A)register showing the computation of the allocable surplus
(Form B)register showing set on and set off of the allocable surplus
(Form C)register showing the details of the amount of bonus due to each employee, deductions therefrom and the amount disbursed

4. EMPLOYEES’ STATE INSURANCE ACT, 1948

SECTION HEADING PROVISION
4.1 Scope * Salary less than or equal to Rs.10000/-, excluding any travelling allowance, and any sum paid to defray special expenses entailed by the employee by the nature of employment
4.2 Contribution Employer-4.75%
Employee-1.75%
4.3 Returns Bi-Annually return of contribution in quadruplicate within 30 days of the end of contribution period (Form 6 along with the paid challans)
4.4 Registers (Form 7) Covered employees
(Form15) Accident Book, Inspection Book

5. PAYMENT OF GRATUITY ACT, 1972

SECTION HEADING PROVISION
5.1 Nominations (Form F) Employees required to submit nominations in duplicate
(Form H) Change in nominations
5.2 Amount *@15 days wages per completed year of service for employees completing 5 years or more; not to exceed Rs. 3,50,000/-
*Wages include all emoluments including DA, but does not include bonus, commission, HRA, overtime wages and any other allowance
5.3 Period Payment of gratuity within 30 days of its becoming applicable
5.4 Display *notice specifying name of the officer with designation, authorized to receive notices under the Act or rules;
*an abstract of the Act and Rules in Form U

6. THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

SECTION HEADING PROVISION
6.1 Scope -Notification of vacancies (where basic pay is more than or equal to Rs.1400/- PM) to employment exchange before filling up any vacancy.
6.2 Returns ER I – quarterly return within 30 days for the number of employees (Male & female), and number of vacancies
ER II – biennial occupational return within 30 days for the number of employees under each prescribed category

7. THE MATERNITY BENEFIT ACT, 1961

SECTION HEADING PROVISION
7.1 Scope All Women employees who have worked for 80 days in the last 12 months, except the ones covered under the ESI Act.
7.2 Leaves 12 Weeks, 6 weeks before the date of delivery and 6 weeks after the date of delivery. If a woman does not avail six weeks leave preceding the date of her delivery, she can avail of that leave following her delivery, provided the total leave period does not exceed 12 weeks.
7.2 Leave for Miscarriage Miscarriage or medical termination of pregnancy- 6 weeks immediately following the date of her miscarriage/medical termination of pregnancy.
7.2 Leave for tubectomy operation 2 weeks immediately following her day of tubectomy operation
7.3 Medical Bonus Every women entitled to maternity benefit under the act shall also be entitled to receive a medical bonus of Rs.250/-, if no pre-natal confinement and post natal care is provided for by the employer free of charge.
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Posted by on August 27, 2012 in HRD

 

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