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Labour Laws for Hr Professionals

Labour Laws for Hr Professionals

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Published by rakeshrajdev

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Categories:Types, Business/Law
Published by: rakeshrajdev on Sep 14, 2011
Copyright:Attribution Non-commercial

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12/02/2014

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LABOUR LAWS FOR HR PROFESSIONALS
Acts 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 conceived as ameans of extinction of the evils of society, namely disease, dirt, ignorance and indigence. Theobject of this Act is to secure sickness, maternity, disablement, and medical benefit toemployees and dependantsbenefits to the dependants. These benefits are secured byfinancial contributions to the Scheme by employers and employees.
Application
In the first instance, it shall apply to all factories (including factories belonging to Government)other than seasonal factories.
Definition“Factory”
Where on ten or more employed and being carried out the Manufacturing activity with the aid of power or where on 20 or more persons employed and being carried out the Manufacturingactivity 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 the discharge
“Employment Injury”
A personal injury to an employee caused by accident or an occupational disease arising out of and in the course of employment
"Dependant"
means any of the following relatives of a deceased insured person, namely :- (i) a widow, aminor legitimate or adopted son, an unmarried legitimate or adopted daughter;(ia) a widowed mother;(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 and is infirm;
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(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 legitimate or 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 the accidentresulting in the disablement.
"Permanent total disablement"
means such disablement of a permanent nature as incapacitates an employee for all work whichhe was capable of performing at the time of the accident resulting in such disablement.
“Sickness”
A condition, which required medical treatment, attendance and necessitates abstention fromwork on medical grounds.
Main ProvisionsContribution:
The sum payable to the contribution by the principal employer in respect of an employee andemployer 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
Standard Benefit:
• Means 50 % of contributed daily wages (Average of six months contributions)
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