Professional Documents
Culture Documents
Laws related to working conditions, safety, health, and environment The Factory Act, 1948
Laws related to Equality and Empowermen t of Women The Maternity Benefit Act, 1961 The Equal Remuneration Act, 1976
The Payment of Wages Act, 1936 The Minimum Wages Act, 1948 The Payment of Bonus Act, 1965
The Trade Unions Act, 1926 The Industrial Disputes Act, 1947
The Workmens Compensation Act, 1923 The Employees State Insurance Act, 1948 The Employees Provident Fund & Miscellaneous Provisions Act, 1952 The Payment of Gratuity Act, 1972
Applicability
Any premises in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months - engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers employed in manufacturing process being carried out without the aid of power.
Salient features
1. Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 2. Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence. 3. Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories 4. Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well inspections to check compliance of provisions of this Act relating to :Health, Safety, Welfare facilities, Working hours, Employment of young persons and annual Leave with wages etc.
Article 43 |- The State shall endeavor, by suitable legislation or economic organization or in any other way, to give all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure, and social and cultural opportunities.
Eligibility
i) Every person (other than an apprentice) drawing salary up to RS 3,500 per month. ii) Every person drawing salary between RS 2,501/- and RS 3,500/- per month. The bonus payable to him is to be calculated as if his salary were RS 2,500/- p.m. salary means basic pay + DA only
Benefits
i) Subject to other provisions : Minimum bonus shall be 8.33% of salary/wages earned or RS 100 whichever is higher. Ii) If allocable surplus exceeds the amount of minimum bonus, then bonus shall be payable at higher rate subject to a maximum 20% of salary/wages. Iii) Computation of bonus is to be worked out as per Schedule I to IV of the Act.
Benefits
Medical benefits FULL MEDICAL CARE consists of hospitalization facilities -includes specialist services, drugs and dressings and diets as required for in-patients. Sickness benefit is roughly 50% of the average daily wages and is payable for 91 days during 2 consecutive benefit periods. Maternity Benefit is payable to an Insured Woman in the following cases subject to contributory conditions:Confinement-payable for a period of 12 weeks (84 days) anti-natal 6 weeks & post natal 6 weeks restricted to 2 children Dependents benefit Accident Benefit Funeral expenses
The Workmens Compensation Act, aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen. It provides for payment by certain classes of employers to their workmen compensation for injury by accident.
Employers liability
The employer of any establishment covered under this Act, is required to compensate an employee :
Who has suffered an accident arising out of and in the course of his employment, resulting into (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement whether total or partial, or Who has contracted an occupational disease
Lay-off
lay-off" means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched;
Lock-out
"lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;
Retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include - (a) voluntary retirement of the workman; or retirement of the workman on reaching the age of superannuating termination of the service of a workman on the ground of continued ill-health;
Strike
Sec 2q of ID Act combination of persons indulging in concerted action in stoppage of work or making hindrance to the normalcy of the organization. Illegal strikes and lockouts strikes as weapons in the hands of trade union/work force and lockouts in the hands of employers / management Strikes without due notice to the employer (with in 14 days of the notice) or during the pendancy of proceedings before labour dept - same is applicable to lockouts
All the employees irrespective of status or salary are entitled to the payment of gratuity on completion of 5 years of service. In case of death or disablement there is no minimum eligibility period. The amount of gratuity payable shall be at the rate of 17 days wages based on the rate of wages last drawn, for every completed year of service. The maximum amount of gratuity payable is Rs. 3,50,000/-. Formula is - Last Wages *15*No. of services/26
Eligibility
Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment.
Benefits
Employees covered enjoy a benefit of Social Security in the form of an unattachable, unwithdrawable (except employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employees Pension Scheme and Employees Deposit Linked insurance Fund.
PROHIBITED PERIOD OF EMPLOYEMENT OR WORK: The employment of women, or work by women in any establishment during the six weeks immediately following the day of her delivery or her miscarriage (section-4). PAYMENT OF MATERNITY BENEFIT: Every women shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of average daily wage for the period of her actual absence, and any period of her actual absence, and any period immediately following the date of delivery and including the actual day for her delivery (Section 5). In addition to the maternity benefit, every women shall also be entitled to receive a medical bonus of Rs.250/- if no prenatal confinement and post natal care is provided free of charge (section-8)
ELIGIBILITY FOR MATERNITY BENEFIT: A women shall be entitled to maternity benefit only if she has actually worked in an establishment of the employer for a period of not less then eighty days in the twelve months immediately proceeding the date of her expected delivery (section-5[2])
MAXIMUM PERIOD OF MATERNITY BENEFIT: Maximum twelve weeks of which not more then six weeks shall proceed the date of her expected delivery (section- 5[5]) OTHER BENEFITS: Act also provides provisions for leave for miscarriage, leave for illness arising out of pregnancy or delivery, premature birth of child or miscarriage and nursing breaks for nursing the child until the child attained the age of 15 months (section-9,10 & 11) DISMISSAL, DEDUCTION WAGES, ETC: No employer shall discharge or dismiss a women for her absence form work in accordance with the provisions of this Act and no deduction shall be made from the normal; and usual daily wages of a women entitled to maternity benefits. (section 12&13).
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Collective Bargaining
The act of negotiating contract terms between an employer and the members of a union. Collective Bargaining Agreement the resulting contract from a collective bargaining procedure. The employer and the union must bargain with each other in good faith.
Illegal Subjects
Closed shops Discrimination
Check-Off Provision
Upon proper notification by the union, union shop and agency shop employers are required to:
1. Deduct union dues and agency fees from employees wages, and 2. Forward these dues to the union.
Strikes
the union call a strike if a collective bargaining agreement cannot be reached. A majority vote of the unions members must agree to the action before there can be a strike.
Crossover Worker
Individual members of a union do not have to honor the strike. They may:
1. Choose not to strike, or 2. Return to work after joining the strikers for a time
Replacement Workers
Workers who are hired to take the place of striking workers. They can be hired on either a temporary or permanent basis. If replacement workers are given permanent status, they do not have to be dismissed when the strike is over.
Illegal Strikes
Several types of strikes have been held to be illegal. They are not protected by federal labor law. Illegal strikers may be discharged by the employer with no rights to reinstatement.
Employer Lockout
Act of the employer to prevent employees from entering the work premises when the employer reasonably anticipates a strike.