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labour laws for hr professional

labour laws for hr professional

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Published by Ramkumar Subramani
Here are some important Laws for HR professionals.
Here are some important Laws for HR professionals.

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Published by: Ramkumar Subramani on Feb 14, 2011
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08/27/2011

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LABOUR LAWS FOR HR PROFESSIONALSActs covered:
1.The Contract Labour (Regulation and Abolition) Act 19702.The Employees Provident Funds and Miscellaneous Provisions Act 19523.The Employees State Insurance Act 19484.The Factories Act 19485.The Industrial Disputes Act 19476.The Industrial Employment (Standing Orders) Act, 19467.The Maternity Benefit Act 19618.The Minimum Wages Act 19489.The Payment of Wages Act 193610.The Payment of Gratuity Act 197211.The Trade Unions Act 192612.The Workmen’s Compensation Act 1923
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The Employees’ State Insurance Act 1948
The Employees State Insurance Act is a piece of social security legislation conceivedas a means of extinction of the evils of society, namely disease, dirt, ignorance andindigence. The object of this Act is to secure sickness, maternity, disablement, andmedical benefit to employees and dependants’ benefits to the dependants. Thesebenefits are secured by financial contributions to the Scheme by employers andemployees.
Application
In the first instance, it shall apply to all factories (including factories belonging toGovernment) other than seasonal factories.
Definition“Factory”
Where on ten or more employed and being carried out the Manufacturing activity withthe aid of power or where on 20 or more persons employed and being carried out theManufacturing activity without aid of power.
“Employee”
means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies
“Family”
A SpouseA minor Legitimate or adopted childA child who is wholly dependent till he or she attains age of 21 yrsAn Unmarried daughter A child who is in firm by reason of any physical or mental abnormalityDependent parents
Wages”
All remuneration paid or payable but does not include PF & Gratuity payable of thedischarge
“Employment Injury”
A personal injury to an employee caused by accident or an occupational diseasearising out of and in the course of employment
"Dependant"
means any of the following relatives of a deceased insured person, namely :- (i) awidow, a minor legitimate or adopted son, an unmarried legitimate or adopteddaughter;(ia) a widowed mother;
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(ii) if wholly dependent on the earnings of the insured person at the time of his death, alegitimate or adopted son or daughter who has attained the age of eighteen years andis infirm;(iii) if wholly or in part dependent on the earnings of the insured person at the time of his death, - (a) a parent other than a widowed mother,(b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimateor adopted or illegitimate if married and a minor or if widowed and a minor,(c) a minor brother or an unmarried sister or a widowed sister if a minor,(d) a widowed daughter-in-law,(e) a minor child of a pre-deceased son,(f) a minor child of a pre-deceased daughter where no parent of the child is alive, or (g) a paternal grand-parent if no parent of the insured person is alive;
"Permanent partial disablement"
means such disablement of a permanent nature, as reduces the earning capacity of anemployee in every employment which he was capable of undertaking at the time of theaccident resulting in the disablement.
"Permanent total disablement"
means such disablement of a permanent nature as incapacitates an employee for allwork which he was capable of performing at the time of the accident resulting in suchdisablement.
“Sickness”
A condition, which required medical treatment, attendance and necessitates abstentionfrom work on medical grounds.
Main ProvisionsContribution:
The sum payable to the contribution by the principal employer in respect of anemployee and employer Employee Contribution is 1.75%Employer’s Contribution is 4.75%
Contribution PeriodBenefit Period
1
st
April to 30
th
Sept1
st
Jan to 30
th
June of the year following1st October to 31
st
March1
st
July to 31
st
Dec
3

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