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Labour Laws1

Labour Laws1

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Published by Jananee Rajagopalan

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Categories:Types, Business/Law
Published by: Jananee Rajagopalan on Jul 05, 2011
Copyright:Attribution Non-commercial


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Composed byP.B.S. KUMAR
Object of the Act
Promotion of new manpower atskills. Improvement/refinement of old skills through theoretical andpractical training in number of trades and occupation
Industry means any industry, orbusiness or in which any trade,occupation or subject/field inengineering or technology or anyvocational course may be specifiedas a designated trade
 Contract of Apprenticeship
 To contain such terms andconditions as may be agreedto by the apprentice, or hisguardian (in case he is aminor and emloers.
Termination of Apprenticeship
On the expiry of the period of Apprenticeship training.On the application by either of the parties to the contract tothe Apprenticeship Advisor
Sec. 6Payment to Apprentices
 The employer to pay such stipend ata rate of not less than the prescribedminimum rate as may be specified.
Sec. 6Obligations of Apprentice
 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.
Health safety & Welfare measures for Apprentices
As per Factories Act or Mines Act as the case may bewhen undergoing training.
Hours of work 
42 to 48 in a week while on theoretical training.
42 in a week while on basic training.
42 to 45 in a week in second year of training.
As per other workers (in the third year).
Not allowed to work between 10 PM to 4 AM unlessapproved by Apprenticeship Advisor.
Leave and Holidays
Casual leave for the maximum period of 12 days in a year.
Medical leave for the maximum period of 15 days and theaccumulated leave upto 40 days in a year.
Extraordinary leave upto a maximum period of 10 days ina year.
 Applicability of theAct
Areas and industries asnotified by the CentralGovernment
Sec. 1ApprenticeshipAdvisor
Central ApprenticeshipAdvisor – whenappointed by Central
Qualification for being trained as an Apprentice
A person cannot be an apprentice in any designatedtrade unless
He is not more than 14 years of age;
He satisfies such standard of educationAnd physical fitness asMay be prescribed.
Sec. 3Conditions for Novation of Contract of Apprenticeship
 There exists an apprenticeshipcontract.
 The employer is unable to fulfilhis obligation.
 The approval of theApprenticeship Advisor isobtained.
Agreement must beregistered with theArenticeshi
Period of Apprenticeship
 Training to beDetermined by
Obligations of employers
 To Provide theapprentice withthe training inhis trade.
 To ensure thata person dulyqualified isplaced incharge of thetraining of theapprentice.
 To carry outcontractualobliations.
Number of Apprentices inDesignated Trade
 To be determined by TheCentral Government afterconsulting the CentralApprenticeship Council
Employer’s liability topay compensationfor injury
As per provisions of Workmen’s
Offences & Punishment
Imprisonment of a termupto 6 months or withfine when employer (I)engages as anapprentice a personwho is not qualified forbeing so engaged or(ii) fails to carry outthe terms andconditions of acontract of apprenticeship, or (iii)contravenes theprovisions of the Act
Licensing of Contractor
Engaging 20 or more than20 workers and ondeposit of required feein Form IV.Valid for specifiedperiod.
Sec.12, Rule 21
Every establishment in which 20 ormore workmen are employed orwere employed on any day of thepreceding 12 months as contractlabour.Every contractor who employs or whoemployed on any day of thepreceding twelve months 20 ormore workmen.
Sec. 1Object of the Act
 To regulate theemployment of contract labour incertain establishmentsand to provide for itsabolition in certaincircumstances and formatters connectedtherewith.
Prohibition of Employment of Contract Labour
Only by the appropriate Governmentthrough issue of notification afterconsultation with the Board (and notCourts) can order the prohibition of employment of contract labour.
Sec. 10Registers of Contractors
Principal employer
 To maintain a register of contractor inrespect of every establishment inForm XII.
ContractorRule 74
 To maintain register of workers foreach registered establishment in FormXIII. To issue an employment card to eachworker in Form XIV. To issue service certificate to everyworkman on his termination in FormXV.
Rules 75, 76 and 77
Muster Roll, Wages Register, Deduction Register and Overtime Registerby Contractor
Every contractor shallMaintain Muster Roll and a Register of Wages in Form XVI and Form XVIIrespectively when combined.Register or wage-cum-Muster Roll in Form XVII where the wage period is afortnight or less.Maintain a Register of Deductions for damage or loss, Register or Fines andRegister of Avances in Form XX, from XXI and Form XXII respectively.Maintain a Register of Overtime in Form XXIII. To issue wage slips in Form XIX, to the workmen at least a day prior to thedisbursement of wages.Obtain the signature or thumb impression of the worker concerned against theentries relating to him on the Register of wages or Muster Roll-Cum-WagesRegister.When covered by Payment of Wages Act, register and records to be maintainedunder the rulesMuster Roll, Register of wages, Register of Deductions, Register of Overtime,Register of Fines, Register of Advances, Wage slip.
Rule 79
 To display an abstract of the act and Rules in English and Hindi and in thelanguage spoken by the Majority of workers in such forms as may be approvedby appropriate authority 
Rule 80
 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 theinspector and any change forwithwith
Rule 81
Registration of Establishment
Principal employeremploying 20 or moreworkers through thecontractor or thecontractor(s) on deposit of required fee in Form 1
Sec. 7Revocation of Registration
When obtained byMisrepresentation orsuppressionOf material facts etc. afteropportunity to theprincipalemployer
Sec. 9Revocation or Suspension &Amendment of Licences
When obtained by misrepresentation orsuppression of material facts.Failure of the contractor to comply withthe conditions or contravention of Actor the Rules.
Sec.14Welfare measures to be taken by the Contractor
Contract labour either one hundred or more employed by acontractor for one or more canteens shall be provided andmaintained.First Aid facilities.Number of rest-rooms as required under the Act.Drinking water, latrines and washing facilities.
Sec. 16 & 17
Laws, Agreement or standingorders inconsistent with theAct-Not Permissible
Unless the privileges in the contractbetween the parties or morefavourable than the prescribed in theAct, such contract will be invalid andthe workers will continue to get morefavourable benefits.
Sec. 20
Liability of Principal Employer
 To ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities.Principal employer entitled to recover from the contractor forproviding such amenities or to make deductions from amountpayable.
Sec. 20
Sec. 22ObstructionsFor obstructing the inspector or failing to produce registers etc.- 3 months’ imprisonment or fine upto Rs.500, or both.Sec.23ViolationFor violation of the provisions of Act or the Rules,imprisonment of 3Months or fine upto Rs.1000. On continuing contravention,

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