You are on page 1of 17

A BRIEF CHECK LIST OF

LABOUR LAWS

APPRENTICES ACT, 1961

11 Apprenticeship Advisor Central Apprenticeship Advisor – when appointed by Central Government. skills. Health safety & Welfare measures for Apprentices As per Factories Act or Mines Act as the case may be Offences & Punishment when undergoing training. 15 & ABOLITION) relating to the number (REGULARATION     CONTRACT LABOUR & THE RULES ACT. occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade Sec. 6 Applicability Applicabilityof ofthe the Act Act Areas Areasand andindustries industriesas as notified by the notified by theCentral Central Government Government Sec. (ii) fails to carry out Leave and Holidays the terms and  Casual leave for the maximum period of 12 days in a year. Imprisonment of a term Hours of work upto 6 months or with  42 to 48 in a week while on theoretical training. 3 Conditions for Novation of Contract of Apprenticeship  There exists an apprenticeship contract. 6 Payment to Apprentices The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified.  To carry out contractual obligations. Qualification for being trained as an Apprentice A person cannot be an apprentice in any designated trade unless  He is not more than 14 years of age.  To ensure that a person duly qualified is placed in charge of the training of the apprentice.  The employer is unable to fulfil his obligation.Improvement/refinement Improvement/refinementofof old skills old skillsthrough throughtheoretical theoreticaland and practical practicaltraining trainingininnumber numberofof trades tradesand andoccupation occupation Industry Industry means any industry. engages as an  42 to 45 in a week in second year of training. apprenticeship. conditions of a  Medical leave for the maximum period of 15 days and the contract of accumulated leave upto 40 days in a year. Termination of Apprenticeship On the expiry of the period of Apprenticeship training. who is not qualified for  Not allowed to work between 10 PM to 4 AM unless being so engaged or approved by Apprenticeship Advisor. 2(k) Contract of Apprenticeship To contain such terms and conditions as may be agreed to by the apprentice. Sec.  He satisfies such standard of education And physical fitness as May be prescribed. diligently. for injury To carry out all lawful orders. Compensation Act.8 Period of Apprentic eship Training to be Determined by the Obligations of employers  To Provide the apprentice with the training in his trade.1970 . or business or in which any trade.  Agreement must be registered with the Apprenticeship Number of Apprentices in Designated Trade To be determined by The Central Government after consulting the Central Apprenticeship Council Sec. Sec. provisions of the Act Sec. Obligations of Apprentice Employer’s liability to To learn his trade conscientiously.  The approval of the Apprenticeship Advisor is obtained. or (iii)  Extraordinary leave upto a maximum period of 10 days in a contravenes the year. Sec. fine when employer (I)  42 in a week while on basic training. On the application by either of the parties to the contract to the Apprenticeship Advisor Sec. or his guardian (in case he is a minor) and employers. apprentice a person  As per other workers (in the third year). As per provisions of Workmen’s To carry out his contractual obligations.CHECKLIST Object Objectof ofthe theAct Act Promotion Promotionofofnew newmanpower manpoweratat skills. pay compensation To attend practical and instructional classes regularly.

9 Welfare measures to be taken by the Contractor Revocation or Suspension & Contract labour either one hundred or more employed by a Amendment of Licences contractor for one or more canteens shall be provided and When obtained by misrepresentation or maintained. 10 Sec. 16 & 17 or the Rules. Sec. Sec. 1 therewith. To issue service certificate to every workman on his termination in Form XV. from XXI and Form XXII respectively. Register or wage-cum-Muster Roll in Form XVII where the wage period is a fortnight or less.Sec. Sec. wage period.3 months’ imprisonment or fine upto Rs. or both. suppression of material facts. Maintain a Register of Deductions for damage or loss. To issue wage slips in Form XIX. Register or Fines and Register of Avances in Form XX.1000. Obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-Cum-Wages Register. 22 Offence Obstructions Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII respectively when combined.12. Wage slip. contractor contractor or or the the certain establishments Every contractor who employs or who contractor(s) contractor(s) on on deposit deposit of of and to provide for its employed on any day of the required required fee fee in in Form Form 1 1 abolition in certain preceding twelve months 20 or circumstances and for more workmen. When covered by Payment of Wages Act. sufficient supply of orders inconsistent with the drinking water. Rule 21 Courts) can order the prohibition of principal employment of contract labour. Wages Register. latrines and urinals. Sec. 20 favourable than the prescribed in the Muster Roll. register and records to be maintained under the rules Muster Roll. 7 7 matters connected Sec.additional fine upto Rs. To issue an employment card to each worker in Form XIV. Act-Not Permissible Principal employer entitled to recover from the contractor for Unless the privileges in the contract providing such amenities or to make deductions from amount between the parties or more payable. Register of wages. EMPLOYEES’ PROVIDENT FUNDS & MISC. PROVISIONS ACT. to the workmen at least a day prior to the disbursement of wages. 20 Registers of Contractors Principal employer To maintain a register of contractor in respect of every establishment in Form XII. names and addresses of the inspector and to send copy to the inspector and any change forwithwith Punishment Rulethe 81 inspector or failing to produce registers etc.100 per day Sec. Register of Overtime. Sec. hours of work. the conditions or contravention of Act Drinking water. 14 Liability of Principal Employer Laws. after Valid for specified consultation with the Board (and not opportunity to the period. Maintain a Register of Overtime in Form XXIII. such contract will be invalid and by Contractor the workers will continue to get more Every contractor shall favourable benefits. Months or fine upto Rs.500. Rules 75. Failure of the contractor to comply with Number of rest-rooms as required under the Act.23 Violation imprisonment of 3 . Register of Deductions. through issue of notification after Of material facts etc. latrines and washing facilities. 76 and 77 PENALTIES Sec. Rule 79 To display an abstract of the act and Rules in English and Hindi and in the language spoken by the Majority of workers in such forms as may be approved by appropriate authority Rule 80 To display notices showing rates of wages. On continuing contravention. restrooms. Revocation of Licensing of Contractor Registration Engaging 20 or more than Prohibition of Employment of When obtained by 20 workers and on Contract Labour Misrepresentation or deposit of required fee Only by the appropriate Government suppression in Form IV. employer Sec. dates of payment. Sec. For violation of the provisions of Act or the Rules. Sec.CHECKLIST Applicability Registration Registration of of Every establishment in which 20 or Establishment Establishment Object of the Act more workmen are employed or Principal Principal employer employer To regulate the were employed on any day of the employing employing 20 20 or or more more employment of preceding 12 months as contract workers workers through through the the contract labour in labour. Contractor Rule 74 To maintain register of workers for each registered establishment in Form XIII. Register of Advances. Deduction Register and Overtime Register Act. Register of Fines. For obstructing . washing facilities. Agreement or standing To ensure provision for canteen. First Aid facilities.

e.@22% per annum Penal Provision Liable to be arrested without warrant being a cognisable offence.541 w.) financial nest egg to which employees and employers contribute equally throughout the covered persons’ employment.1952 & THE SCHEMES CHECKLIST 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.  Any establishment employing even less than 20 persons can be covered voluntarily u/s 1(4) of the Act.1200 e.10. the government will continue to contribute 1. his share towards provident fund contribution will be Rs. 1.  It shall be the responsibility of the principal employer to pay the contributions payable to the EPF. Rates of Contribution SCHEME EMPLOYEE’S EMPLOYER’S CENTRAL GOVT’S Provident Fund Schem e 12% Amount > 8.2001. The employer’s share in the Pension Scheme will be Rs. specify in this behalf. For any retrospective application. . etc.e.6500 whereas an exempted establishment will pay inspection charges @ 0.2001 per month. Notes: The above clarification is given by taking wages upto a maximum of Rs. 1.33% (in case where contributio n is 12% of 10%) 10% (in case of certain Establishments as per details given earlier) NIL Insurance Schem e NIL 0.000 (S. such an employee is getting Rs.14).10.@ 17% per annum  Two months and above but less than upto four months …. for instance. 12% and employer’s share Applicability  Every establishment which is factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed. The employer also will pay administrative charges @ 0.6.01% on maximum limit of Rs.16% upto the actual wage of maximum Rs.f. Defaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto 3 years and fines upto Rs. Payment of Contribution  The employer shall pay the contribution payable to the EPF. by notification. This sum is payable normally on retirement or death.50% is required to be paid upto a maximum limit of Rs. DLI and Employees’ Pension Fund in respect of the member of the Employees’ Pension Fund employed by him directly by or through a contractor.6500 can also become member of the Fund and the Schemes on joint request and if. Benefits Employees covered enjoy a benefit of Social Security in the form of an unattachable and unwithdrawable (except in severely restricted circumstances like buying house.005% on the total wages paid.g.6500 per month towards Employees’ Pension Scheme.6. all dues have to be paid by employer with damages upto 100% of arrears.f.6500. marriage/education.000 per month.  Any other establishment employing 20 or more persons which Central Government may. DLI and Employees’ Pension Fund by himself in respect of the employees directly employed by him and also in respect of the employees directly employed by him and also in respect of the employees employed by or Clarification about Contribution After revision in wage ceiling from Rs.e.5000 to Rs. Other Benefits include Employees’ Pension Scheme and Employees’ Deposit Linked Insurance Scheme.6500 w. Since an excluded employee i. Under Employees’ Deposit-Linked Insurance Scheme the contribution @ 0.5 NIL Damages  Less than 2 months …. drawing wages more than Rs.6500 towards wage (basic+DA).

which amounts to criminal breach of trust. which are  Encashment of leave  Heat. (ii) (one year imprisonment and fine). Registers/files to be maintained by the employers equip-ment n period period maintenance staff in the hospitals.e. different types of offences in terms of Section  Payment for day of rest  Pay in lieu of notice of 85: (I) (six months imprisonment and fine retrenchment  Production incentive compensation Rs.7500/per sickness for certain diseases. Besides these provisions.4.10000/per No.  Night shift allowance to 2 years) and 85-C(2) of the ESI Act. of Insured Persons 85 lacs factories using Employees’ month No. sickness. medical benefit to hotels. of implemented Centres 677 Scheme Drawing wages No. of Regional Offices/SRO’s more persons and contractor 26 to non-power No.  Payment of Inam which allowance does not form part of action also can be taken under section 406 of  Payment for the terms of unsubstituted holidays the IPC in cases where an employer deducts employment. of PanelBenefits Clinics 2950 units and establish-ments To the employees under the Act The total amount of contribution employing 20 or (employee’s share and employer’s share) more person upto Medical. of Employers covered 2. motor transport WAGES FOR ESI CONTRIBUTIONS Contributio Contribution undertakings. extended is to be deposited with the authorised Rs. corresponding first  City compensatory  Sum paid to defray benefit will be from 5th allowance special expenses October to 31st entailed by the nature  Overtime wages (but December.75% Rs.  Meal/food allowance contributions from the wages of his employees  Washing allowance for  Suspension allowance livery but does not pay the same to the corporation  Lay off compensation  Children education allowance (not being  Conveyance Amount ACT. of ESI Dispensaries 1453 manufacturing for making Payment of contribution No. If the person joined To be deemed as NOT to be deemed as st th insurance employment 1 April to 30 wages wages for the first time. of ESI Hospitals/Annexes 183 using Manner and Time Limit No.2004.  Bonus other than  Benefits paid under the statutory bonus and 85-A: (five years imprisonment and not less ESI Scheme. besides funeral month following the calendar month in also been extendexpenses. of employment – Daily not to be taken into allowance paid for the account for Penalties period spent on tour.38 Is extended in Employers’ upto lacs area-wise to 4. bank through a challan in the prescribed month w.f.EMPLOYEES’ STATE INSURANCE ACT.5000). FACTORIES 1948 towards reimbursement for .75% engaged either lacs employing 10 or directly or thru’ No. 1948 & the SCHEME CHECK LIST Rate of Coverage Applicability of Contribution of of employees THE ESI SCHEME TODAY the Act & the wages No. It has maternity. of Beneficiaries 330 power and 1. rehabilitation which the wages fall due. allowance. determining the coverage of an  Gratuity payable on Different punishment have been prescribed for employee) discharge. enhanced sickness. Gas & Dust self explanatory. roads spouse. insured person and his or her restaurants. his first  Basic pay  Contribution paid by contribution period will kthe employer to any  Dearness allowance 1st October to be from 5th January to pension/provident fund st 31 March 31st March and his  House rent allowance or under ESI Act. say on September. ed upon shops. dependents form in quadruplicate on ore before 21st of 1. 5th January.

Striking gear and devices for cutting off power. 59 & 60 Registration & Renewal of Factories To be granted by Chief Inspector of Factories on submission of prescribed form. Employment of Young Persons Annual Leave with Wages  Prohibition of employment of young children e.2(ii) Employer to ensure health of workers pertaining to  Cleanliness Disposal of wastes and effluents  Ventilation and temperature dust and fume  Overcrowding Artificial humidification Lighting  Drinking water Spittons.  Shelters. Daily hours.  Imprisonment upto 6 months or fine upto Rs.000 or both  Rs. Employment prohibition of young  Hoists and lifts.g. Facing of machinery  Prohibition of employment of Work on near machinery in motion.  Subsequent contravention of some provisions  Obstructing Inspectors  Wrongful disclosing result pertaining to results of analysis.  Imprisonment of 10 years when contravention continues for one year. 41C and 41H pertaining to compulsory disclosure of information by occupier. Secs. 6 Welfare Measures  Washing facilities  Facilities for storing and drying clothing  Facilities for sitting  First-aid appliances – one first aid box not less than one for every 150 workers. 51. Safety Measures     Working Hours.00.2. 51.10. Extra wages for overtime double than normal rate of wages. Accumulation of leave for 30 days. certificate of fitnekss.000 and on continuation fine @ Rs. 11 to 20  Self-acting machines.000 or both. persons on dangerous machines.  Imprisonment upto 7 years with fine upto Rs.  Welfare office when there are 500 or more workers.  Non-adult workers to carry tokens e.  Imprisonment upto 3 years or fine not less than Rs. .  Canteens when there are 250 or more workers.000. Secs.000 per day. Spread Over & Overtime of Adults Weekly hours not more than 48.00. 79 OFFENCE  For contravention of the Provisions of the Act or Rules  On Continuation of contravention  On contravention of Chapter IV pertaining to safety or dangerous operations.  Not less than Rs. Overlapping shifts prohibited. 14 years.10. PENALTIES Sec. Secs.  Imprisonment upto 6 months or fine upto Rs.92 to  Imprisonment upto 2 years or fine upto Rs.CHECK LIST Applicability of the Act Any premises whereon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any dayd preceding 12 months.5000 in case of serious injuries. 54 to 56.  Creches when there are 30 or more women workers. Secs. 59 & 60 A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days. wherein Manufactur-ing process is being carried on.1.1000 per day  Not less than Rs.5. Secs.2. 54 to 56.g.  For contravention of the provisions of Sec.  Working hours for children not more than 4 ½ hrs. not more than 9 hours.000 or both.10.41B. fee and plan. specific responsibility of occupier or right of workers to work imminent danger. and not permitted to work during night shift. women and children near cotton-openers. Sec.  Casing of new machinery. Spreadover not more than 10½ hours.000 which may extend to Rs.00. Restrictions on employment of women before 6AM and beyond 7 PM.25000 in case of death. rest rooms and lunch rooms when there are 150 or more workers. Intervals for rest at least ½ hour on working for 5 hours.

or or Impedes Impedes the the right right of of access access to to relevant relevant records records or or documents documents or or the the right right of of entry entry conferred conferred by by section section 6. employment exchange. Notification Notificationof ofvacancies vacanciesto toEmployment EmploymentExchanges Exchanges Before Beforefilling fillingup upany anyvacancy vacancyas asprescribed. etc. Rs.500 for first offence and for every subsequent offence offence fine fine Rs.250 and and for for every every subsequent subsequent offence offence with with fine fine upto upto Rs. or gives a false answer to any question necessary for obtaining any any information information required required to to be be furnished furnished under under section section 5. Rules Rules 55 WhenAct Actis isnot notapplicable applicable When Any employment employment in in agriculture. Rule Rule66 PENALTIES An An employer employer contravening contravening the the provisions provisions of of Sec. 5. 30 September & 31 March. return. or gives a false answer to any question necessary for obtaining Refuses to answer. Any horticultureetc. Fine upto Rs. the the total total duration duration Any of which which isis less less than than three three of months.44 Time Time limit limit for for notification notification of of vacancies vacancies & & selection selection Atleast Atleast 15 15 days days before before the the applicants applicants will will be be interviewed interviewed or or tested.500. Rules 7 Rules 7 . Any employment employment to to do do unskilled unskilled Any officework. June. Parliament.4(1) Sec. 1959 & THE RULES CHECK LIST Object of the Act To provide for the compulsory notification of vacancies to employment exchanges. 31 31st thth st March. Employer Employer to to furnish furnish the the result result of of selection selection within within 15 15 days. establishment. the Sec. he he shall shall be be punishable punishable for for the the first first offence offence with with fine fine upto upto Rs. work.to tosuch such employment employmentexchanges exchangesas asmay may be prescribed. To To notify notifythe thevacancies vacanciesto to such suchemployment employmentexchanges exchanges as as may be prescribed.33 Sec. IfIf any any person person –– Required Required to to furnish furnish any any information information or or return return –– Refuses or neglects to furnish such Refuses or neglects to furnish such information information or or return. December.250 and and for for every every subsequent subsequent offence offence with with fine fine upto upto Rs.4(1) or or (2). false. Gazette. (2).55 Submission Submissionof ofReturns Returns Quarterly Quarterlyin inForm FormER-I ER-I BIENNIAL BIENNIALReturn ReturnForm FormER-II ER-II th st Within Within 30 30 days days by by 30 30th June. Any employment.250 Rs. agriculture. prescribed. office Any employment employment connected connected with with Any thestaff staffof ofParliament. or or Refuses to answer.500 for first offence and for every subsequent Fine upto Rs. Employer Employer not not obliged obliged to to recruit recruit the the person person through through employment exchange. months. days. Applicability Applicabilityof ofthe the Act Act By By notification notification inin the the Official Official Gazette.500. Secs. Rs. horticulture Any employment employment in in domestic domestic Any service. employment. Secs. tested.1000.250 Rs. appoint appoint inin this this behalf behalf for for such such State Stateand anddifferent differentdates dates may may be be appointed appointed for for different different states states or or for for different differentareas areasof ofaaState. be prescribed. Furnishing Furnishinginformation informationand and returns returns The Theemployer employerin inevery every establishment in public establishment in publicsector sectorin in that thatState Stateor orarea areashall shallfurnish furnish such suchinformation informationor orreturn returnas asmay may be beprescribed prescribedin inrelation relationto to vacancies vacanciesthat thathave haveoccurred occurredor or are about to occur are about to occurin inthat that establishment.EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT. Secs. service. or or Furnishes Furnishes or or causes causes to to be be furnished furnished any any information information or or return return which which he he knows knows to to be be false. Secs. 30 September & 31st December. 6. State.1000. may be prescribed.

25-U Offence 26 27 28 29 30 31A Right of a Workman during Pendency of Proceedings in High Court <Punishment Committing unfair labour practices Illegal strike and lock-ourts Instigation etc. Sec.000 Imprisonment upto 6 months or with fine. Sec. Tribunal or National  Within fourteen days of giving such notice. after the conclusion of such  Before the expiry of the date of strike specified in any proceedings.  During the pendency of arbitration proceedings before an such notice as aforesaid.  To seek Express permission of the concerned authority by paying one month’s wages on dismissal.25 FFA Contravention of Sec. discharge or punish a protected workman connected with the dispute. to remain unchanged under certain circumstances during pendency of proceedings  Not to alter to the prejudice of workmen concerned the condition of service.INDUSTRIAL DISPUTES ACT.11A Persons Bound by Settlement  When in the course of conciliation proceedings etc.  Accumulation of stocks. Sec. Sec.3 Conciliation–is an attempt by a third party in helping to settle the disputes Sec. for illegal strike or lock-outs.19 Prior Permission for Lay off When there are more than 100 workmen during proceeding 12 months.3.000 Imprisonment upto 6 months or with fine upto Rs. 1946 & THE RULES . Industrial Tribunal or National Tribunal to hear and decide the dispute. to remain unchanged under certain circumstances during pendency of proceedings  Not to alter to the prejudice of workmen concerned the condition of service. Court. Conditions of service etc.  Natural calamity. Sec. Sec. dismissing or discharging or punishing a workman. refusal or inability of an employer to provide work due to  Shortage of coal.000. Sec.4 Adjudication – Labour Court.25-C     Prior Permission by the Government for Retrenchment When there are more than 100 (in UP 300 or more) workmen during preceding 12 months. Fine upto Rs. Imprisonment upto 6 months or with fine upto Rs.  To seek Express permission of the concerned authority by paying one month’s wages on dismissal.  An award for one year after its enforcement. Period of Operation of Settlements and Awards  A settlement for a period as agreed by the parties..  To seek approval of the authority by paying one month’s wages before altering condition of service.1. Breach of settlement or award Disclosing confidential information pertaining to Sec.2(I) Works Committee–Joint Committee with equal number of employers and employees’ representatives for discussion of certain common problems. Imprisonment upto one month or with fine upto Rs.  Retrenchment compensation @ 15 days’ wages for every completed year to be calculated at last drawn wages  One month’s notice or wages in lieu thereof.000.33 pertaining to change of conditions of Service during pendency of dispute etc.000 Imprisonment upto 6 months or fine upto Rs.18 Notice of Change 21 days by an employer to workmen about changing the conditions of service as provided in Ivth Schedule.200 per day Imprisonment upto 6 months or with fine upto Rs.7A & 7B Lay off & Payment of Compensation – Conditions for Laying off Failure. Sec.9A 31 Employer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher Courts.25FFA Prior permission atleast 90 days before in Form O by the Government when there are 100 ore more workmen during preceding 12 months (in UP 300 or more workmen) Sec. in respect of any of the matters covered by the such proceedings. Sec.  Tribunal and two months.33 Retrenchment of Workmen Compensation & Conditions  Workman must have worked for 240 days.25-M Prohibition of Strikes & Lock Outs  Without giving to the employer notice of strike.25-O Power of Labour Court to give Appropriate Relief Labour Court/Industrial Tribunal can Modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement. all persons working or joining subsequently. or  Period of six months on signing of settlement. When no penally is provided for contravention Imprisonment of upto 6 months or with fine upto Rs.1.On continuity of offence fine uptoRs. Important Clarifications Industry – has attained wider meaning than defined except for domestic employment.5.1000 for lockout) or with both. 25-N Prohibition of unfair labour practice either by employer or workman or a trade union as stipulated in fifth schedule Both the employer and the Union Closure of an Undertaking 60 days’ notice to the labour authorities for intended closure in Form QA.100 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT. Sec. covers from barber shops to big steel companies.7.  To seek approval of the authority by paying one month’s wages before altering condition of service.  Reasons for retrenchment  Complying with principle of ‘last come first go’. Secs.  Breakdown of machinery.1.25-C Lay off Compensation Payment of wages except for intervening weekly holiday compensation 50% of total or basic wages and DA for a period of lay off upto maximum 45 days in a year. Three months’ notice or wages thereto.  During the pendency of conciliation proceedings  During any period in which a settlement or award is in before a Board and seven days after the conclusion of operation. 1947 Object Object of of the the Act Act Provisions Provisions for for investigation investigation and and settlement settlement of of industrial industrial disputes disputes and and for for certain certain other other purposes.  Otherwise than in course of settlement upon the parties to the settlement. where a notification has been issued under Sub-Section(3A) of section 10A conclusion of such proceedings. power or raw material.000 Imprisonment for 6 months or with fine upto Rs.33 PENALTIES Sec.50(Rs. Sec. discharge or punish a protected workman connected with the dispute. Sec. Secs. settlement or award.21 Closure without 60 days’ notice under Sec. Giving financial aid to illegal strikes and lock-outs.  During the pendency of any conciliation proceedings arbitrator and two months after the conclusion of such before a conciliation officer and seven days after the proceedings. purposes. within six weeks before striking.22&23 Conditions of service etc.1. Form QA Compensation @ 15 days’ wages. as  During the pendency of proceedings before a Labour hereinafter provided. dismissing or discharging or punishing a workman. Sec.

1946. Shift working. Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants. for the first ninety days of suspension. Manner of intimating to workmen periods and hours of work.25 for every day.5 Temporary application of Model Standing Orders Temporary application of mod standing orders shall be deemed to be adopted till the standing orders as submitted are certified.12-A Date of Operation of Standing Orders On the date of expiry of 30 days from certification or on the expiry of 7 days from authentication of Standing Orders.g. apprentices. Industrial establishment covered by M. 1961.CHECK-LIST Applicability of the Act Every industrial establishment wherein 100 or more (in many States it is 50 or more). of the wages which the workman was entitled to immediately proceeding the date of such suspension. Additional Matters Service Record – Matters relating to service card. Sec. 9 Payment of Subsistence Allowance to the Suspended Workers At the rate of fifty per cent. The standing orders to be in conformity with the provisions of the Act. probationers. holidays. 7 Posting of Standing Orders The text of the standing orders as finally certified shall prominently be posted in English or in the language understood by majority of workmen on special board at or near the entrance for majority of workers. Any industry covered by Bombay Industrial Relations Act. to the workmen of the industry. 1 Conditions for Certification of Standing Orders Every matter to be set out as per Schedule and Rule 2A. The trade union or the other representatives. 3(2) and Rule 2A Procedure for Certification of Standing Orders Certifying Officer to forward a copy of draft standing orders to the trade union or in the absence of union. and the authority which may grant. temporary. Termination of employment.P. or badlis. and liability to search. Requirement to enter premises by certain gates.10-A PENALTIES  Failure of employer to submit draft Standing Orders fine of Rs. and the notice thereof to be given by employer and workmen.2(g). Sec. whether permanent. Conditions of. token tickets. leave and holidays. Sec. CHECK LIST MATERNITY BENEFIT ACT. paydays and wage rates. At the rate of seventy-five percent of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct such workman. Five copies of the draft Standing Orders are to be submitted to the Certifying Officer under the Act. Closing and re-opening of sections of the industrial establishments. Sec.3 Matters to be provided in Standing orders Classification of workmen. change of residential address of workers and record of age Confirmation Age of retirement Transfer Medical aid in case of Accident Medical Examination Secrecy Exclusive service. Attendance and late coming. Submissions of Draft Standing Orders Within six months from the date when the Act becomes applicable to an industrial establishment. 1961 . and acts or omissions which constitute misconduct. Sec.100 on contravention and on continuation of offence Rs. are to be heard. Sec. Secs. e.. Industrial Employment (Standing Orders) Act.5000 and Rs. as the case may be. and temporary stoppages of work and the right and liabilities of the employer and workmen arising therefrom.  Fine of Rs. Sec. Suspension or dismissal for misconduct. procedure in applying for. certification of service.200 for every day on continuation of offence.

She should also name the person to whom payment will be made in case she can not take it herself. Sec. Government can also fix Minimum Wages for  Time work  Piece work at piece rate  Piece work for the purpose of securing to such employees on a time work basis  Overtime work done by . Orissa and Andhra have done so. if the State Government decides to apply this Act to women employees in shops and commercial establishments. Her employer cannot discharge her or change her conditions of service while she is on maternity leave. Two nursing breaks in the course of her daily work until the child is 15 months old. No discharge or dismissal while she is on maternity leave. A medical bonus of Rs. At the time during her pregnancy.5. Cash Benefits Leave with average pay for six weeks before the delivery. Leave with wages at the rate of A woman suffering from illness maternity benefit. West Bengal. the employer shall be punishable with imprisonment which shall not be less than 3 months. or to vary to her disadvantage any of the conditions of her service. Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence. For discharging or dismissing such a woman during or on account of her absence from work. She will get payment for the six weeks after child-birth within 48 hours of giving proof that she has had a child. Not barred in case of dismissal for cross misconduct. At that time she should produce a certificate that she is pregnant. No change to her disadvantage in any of the conditions of her employment while on maternity leave. Leave with average pay for six weeks after the delivery. medical termination medical termination of pregnancy.P.. delivery. In case of miscarriage. The employees employed in para 1 or B of Schedule either at 2 or either part of notification u/s 27. Failure to Display Extract of Act Imprisonment may extend to one year or fine. Non Cash Benefits/Privilege Light work for ten weeks (six weeks plus one month) before the date of her expected delivery.Coverage of the Act Upon all women employees either employed directly or through contractor except domestic women employees employed in mines. She should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for six weeks before and after her delivery. she shall forfeit her claim to the maternity benefit for such period. etc. of pregnancy or tubectomy Entitled to leave with wages at the operation) be entitled. but it will extend to one year and will find. Punjab Haryana. She will be entitled to two nursing breaks of fifteen minutes each in the course of her daily work till her child is fifteen months old. six weeks leave with average pay from the date of miscarriage. Therefore. Sec. etc. Sec. Bihar. Conditions for eligibility of benefits Women indulging temporary of unmarried are eligible for maternity benefit when she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately proceeding the date of her expected delivery Sec. six weeks immediately following premature birth of child the day of her miscarriage or her (Miscarriage. factories.000. U. She should take the payment for the first six weeks before she goes on leave. 1948 CHECK LIST Object of the Act To provide for fixing minimum rates of wages in certain employments Fixation of Minimum Rates of Wages  The appropriate government to fix minimum rates of wages. plantations and also in other establishments if the State Government so decides. if she asks for it. 18 MINIMUM WAGES ACT. Sec. or premature birth. for a period of arising our of pregnancy. in addition rate of maternity benefit for a to the period of absence allowed period of two weeks immediately to her leave with wages at the following the day of her tubectomy rate of maternity benefit for a operation. delivery. Exception : Women dismissed for gross misconduct lose their right under the Act for Maternity Benefit Leave for Miscarriage Leave for illness arising out of & Tubectomy Operation pregnancy etc.25 if the employer does not provide free medical care to the woman. An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy. 5. maximum period of one month. if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus.  To make review at such intervals not exceeding five years the minimum rates or so fixed and revised the minimum rates. 5. Prohibition of dismissal during absence of pregnancy Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day that the notice will expire during such absence or to very her disadvantage. 10 Object of the Act To protect the dignity of motherhood and the dignity of a new person’s birth by providing for the full and healthy maintenance of the woman and her child at this important time when she is not working. Conditions for eligibility of benefits Ten weeks before the date of her expected delivery. they also will get the benefit of this Act. she may ask the employer to give her light work for a month. but not exceeding Rs. Pregnant women discharged or dismissed may still claim maternity benefit from the employer. Forfeiture of maternity benefit If permitted by her employer to absent herself under the provisions of section 6 for any period during such authorized absence. miscarriage.

500/- SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT. 5 13 Wages for two class of work Maintenance of registers and records Where an employee does two or more  Register of Fines – Form I Rule 21(4) classes of work to each of which a  Annual Returns – Form III Rule 21 (4-A) different minimum rate of wages is  Register for Overtime – Form IV Rule 25 applicable.12 Chairman.  Compensation upto 10 times on under or non-payment of wages Offence Punishment For paying less than minimum rates of wages Imprisonment upto 6 months or with fine upto Rs. part of an hour so worked in  To provide for excess at the overtime rate payment for work on double of the ordinary rate of a day of rest at a rate (1½ times or for agriculture not less than the labour) Sec. day in excess of the number  To provide for a day of hours constituting normal of rest in every working day. 5 Composition of Payment of Committee Minimum Representation of Rates of employer and Wages Employer to pay to employee in schedule every employee employer in equal engated in schedule number and employment at a rate independent persons not less than minimum not exceeding 1/3rd or rates of wages as fixed its total number one by Notification by not such person to be making deduction appointed by the other than prescribed.15  Shall constitute a Overtime normal working day To be fixed by the hour. Sec. by inclusive of one or the day or by such a longer more specified wage-period works on any intervals.. . overtime rate. Sec. Variable DA and Value of other concessions etc. 20 Claims by employees  To be filed by before authority constituted under the Act within 6 months. 4 Fixing Hours for Normal Working Procedure for fixing and revising Minimum Rates of Wages Appointing Committee issue of Notification etc. PENALITIES Sec. Muster Roll–Form V minimum rate in respect of each such Rule 26 class. Wages slip–Form XI.Minimum Rates of Wages Such as Basic rates of wages etc. wages at not less than the  Register of Wages–Form X. establishments. Sec.500/- For contravention of any provisions pertaining to fixing hours for normal working day etc. 16  Representation of register – for three year Rule 26-A Minimum time rate wages for piece work Not less than minimum rates wages as fixed . Imprisonment upto 6 months or with fine upto Rs. Sec. Wages of workers who works for less than normal working days Save as otherwise hereinafter provided. 1976 & THE RULES CHECKLIST Object Object of of the the Act Act To To regulate regulate certain certain conditions conditions of of service service of of sales sales promotion promotion employees employees in in certain certain establishments. Sec. period of seven days Payment for every hour or for with remuneration. be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day. Sec.

Rule 7 Affixing of holidays to leave Premixing or suffixing of any leave not Quarantine leave Upto 30 days on the recommendations of authorised medical attendant or Public Health Officer. 7 Rule 23 Wages for weekly day of rest Entitled to wages on weekly days of rest as if he was on duty. Sec. Rule 9 Holidays intervening during the period of leave Except casual leave grantged or day of weekly rest.  Service Books for every employee in Form C  A register of service books in Form D  Leave account of each employee in Form E. other holidays shall be part of leave.  Cashable on voluntary relinquishment or termination other Number of holidays in a year 10 in calendar year Rule 4 Compensatory holidays Within 30 days of the day when he was required to work. Rule 5 Application for leave When other than casual leave. Rule 10 Medical leave On production of medical certificate.1000 Sec. Sec. Rule 15 PENALTY On contravention of provisions relating to ‘Leave’ Issue of Appointment Letter or Maintenance of Registers fine upto Rs.  Leave  Earned leave and cash compensation on earned leave not availed of. 1947  Minimum Wages Act.  Encashment of leave 120 days.3. Maintenance of register  A register of sales promotion employees in Form B. Rule 15 Extraordinary leave At the discretion of the employer Rule 17 Casual leave 15 days in a calendar year.1976 Applicability of other Acts  Workmen’s Compensation Act. 1948  Maternity Benefit Act. Sec.5 Rule 22 Wages for holidays To be entitled for wages on all holidays as if he was on duty.  Leave on medical Certificate  On one-half of the waves for not less than 1/18th of the period of service. 9 TRADE UNIONS ACT. Rule 12 Maximum limit upto which earned leave  Can be accumulated 180 days of which the employee can avail himself 90 days at a time. 1926 CHECKLIST Object of the Act Object of the Act To provide for the registration of Trade Union and in certain respects To provide for thethe registration of Trade Union and in certain to define law relating to registered Trade Unionsrespects to define the law relating to registered Trade Unions .  On full wages for not less than 1/11 th of the period spent on duty.Applicability of the Act Whole of India with effect from 6. 1923  Industrial Disputes Act.14 Issue of Appointment Letter in Form A  Within three months from the commencement of the Act and in other case on appointment. not less than one month before commencement of leave except for urgent or unforeseen circumstances. Rule 6 Recording of reason for refusal or postponement of leave.

oror100 100 of ofthe theworkmen. .  For making false entry in the form. who are workmen engaged persons as its members. addresses and Names. Sec. connected. etc. etc. office. On continuing default. There Thereshould shouldbe beat atleast least10%. compliance.oror100 100ofofthe thework-men.50). of this Act. . turpitude. 28 Offence Punishment  For making false entry in or any omission in general statement required for sending returns. years. Minimum Minimumrequirements requirementsfor for membership membershipof oftrade trade union union Not Notless lessthan than10% 10%. 21-A Penalties No No office office bearer bearer or or member member of of aa registered trade union shall be liable registered trade union shall be liableto to punishment punishment under under sub sub section section (2) (2) of of conspiracy conspiracyu/s u/s120B 120Bof ofIPC IPCininrespect respectof of any any agreement agreement made made between between the the members membersfor forthe thepurpose purposeof offurthering furthering any anysuch suchobject objectof ofthe theTrade TradeUnion. occupations and address of of the the members’ place of work.  Fine upto Rs.and and Names. Not Notapplicable applicablewhen when55years yearshave haveelapsed.500.10 10 Disqualification Disqualificationof ofoffice officebearers bearers of Trade Union of Trade Union IfIfone onehas hasnot notattained attainedthe theage ageof of18 18years. Sec. PAYMENT OF BONUS ACT. addresses and occupations occupations of of its office bearers. undertakings and branches.  Supplying false information regarding Trade Union  Fine upto Rs. aa general general statement. whichever is less. who are workmen engaged or or employed employedininthe theestablishment establishmentor orindustry industrywith withwhich whichitit isisconnected.5 for each week (not exceeding Rs. workmen. IfIfititceases ceasesto tohave havethe the requisite requisitenumber numberof of members. Sec. 10%. Sec. engaged or employed whichever is less.500. audited audited inin the the prescribed prescribed manner. members’ place of work.  Fine upto Rs. connected. ItIthas hason onthe thedate dateof ofmaking making application applicationnot notless lessthan than 77 persons as its members. of of all all receipts receipts and and expenditure expenditure of of every Trade Union during the year ending on everyregistered registered Trade Union during the year ending on st the the31 31stDecember.200. Rs. Sec. by by subscribing their names to the rules of the trade subscribing their names to the rules of the tradeunion union and andits itscompliance. ages. Union. . Conviction Convictionfor foran anoffence offenceinvolving involvingmoral moral turpitude.17 17 Returns Returns Annually Annuallyto tothe theRegistrar. Sec. work-men. Prescribed Prescribedform formwith withfollowing followingdetails. may. Sec. engaged or employed in engaged or employed inan an establishments establishmentsetc.9A 9A Sec.on onor orbefore beforesuch suchdate dateas asmay may be be prescribed. prescribed. 28 Sec. Sec. Registrar. members. less. manner. ages.whichever whicheverisis less. engaged or employed inin the the establishment establishmentor orindustry industrywith withwhich whichititisisconnected. December. elapsed. its office bearers. occupations and address Names. Names.55 Criminal Criminalconspiracy conspiracyin intrade trade disputes disputes Cancellation Cancellationof of registration registration IfIfthe thecertificate certificatehas hasbeen been obtained obtainedby byfraud fraudor or mistake mistakeor oritithas hasceased ceasedto to exist or has wilfully exist or has wilfully contravened contravenedany anyprovision provision of this Act.Registration Registrationof oftrade tradeUnion Union Registration Registrationof oftrade tradeUnion Union Any Any 77 or or more more members members of of aa trade trade union union may. details. statement. 21-A Sec. U/s 31 U/s 32 Address Addressof ofits itshead headoffice. 1965 & THE RULES CHECKLIST Applicability of Act Every factory where in 10 or more persons are employed with the aid of power or An establishment in which 20 or more persons are employed without the aid of power on any day during an accounting year Establishment Establishment includes Departments. additional fault. subject subjectto toaaminimum minimumof of77. Sec.

Development rebate. factory. wages. Secs. If profit and loss accounts are prepared and maintained in respect of any such department or undertaking or branch. Sec.3500 per month or less. Rule 4 Act not applicable to certain employees of LIC. in form A. Dock Yards.1000. railways.33% of the salary or Rs. house rent. 9 & 18. railways. etc. incentive or Disqualification & Deduction of Bonus On dismissal of an employee for  Fraud.28 Applicability Applicability Every Everyfactory. Social Welfare Institutions. 19 8. as per Second Schedule Sec. PENALTY For contravention of any provision of the Act or the Rule Upto 6 months or with fine upto Rs. @ @ 15 15 days’ days’ 2(s) wages wages for for every every completed completed year year as as ifif the the month month comprises comprises of of 26 26 days days at at the the last last drawn drawn wages. then such department or undertaking or branch is treated as a separate establishment. misappropriation or sabotage of any property of the establishment or  Misconduct of causing financial loss to the Employer to the extent that bonus can be deducted for that year.3500 per month.4 Eligible Employees Employees drawing wages upto Rs.Separate establishment Computation of available surplus Income tax and direct taxes as payable. Sec.12 Note: The proposal to enhance the existing ceiling of Rs. shop. in form C.32.3500 is under active consideration by  A register showing the computation of the allocable surplus referred to in clause (4) of section 2. company. Sec. For calculation purposes Rs.port. in form B  A register showing the details of the amount of bonus due to each of the employees. or  riotous or violent behaviour while on the premises of the establishment. General Insurance. etc. 1 plantation. company.  A register showing the set-on and set-off of the allocable surplus. under section 15. field.3 Computation of gross profit For banking company. Building Contractors. overtime. or  theft. Others. 8 Set-off and Set-on As per Schedule IV. establishment establishmentor or educational educational institutions institutions employing employing10 10or or more employees more employees PAYMENT OF GRATUITY Wages Wages for for Calculation Calculation Sec. port. Sec.g.100 (on completion of 5 years after 1st Accounting year even if there is no profit) Sec. 8 Time Limit for Payment of Bonus Within 8 months from the close of accounting y ear.shop. investment or development allowance. Depreciation as per section 32 of Income Tax Act.5 Components of Bonus Salary or wages includes dearness allowance but no other allowances e. Chambers of Commerce. as per First Schedule. Sec. Eligibility of Bonus Payment of Minimum Bonus An employee will be entitled only when he has worked for 30 working days in that year. Sec. oilfield. mine.10 Sec. 15 Maintenance of Registers and Records etc.2500 per month maximum will be taken even if an employee is drawing upto Rs. Sec. Sec. oil mine. . the deductions under section 17 and 18 and the amount actually disbursed. Universities & Educational Institutions. Red Cross.26. Sec. Sec. plantation.

destruction destruction of of property property etc.3. resignation resignationor or retirement. termination.3. service. disorderly behaviour. retirement. Wages to be paid in current coins or currency notes All wages shall be paid in current coins or currency notes or in both.00 Rs. 1936 Object Objectof ofthe theAct Act To Toregulate regulatethe thepayment paymentof ofwages wagesof of certain certainclasses classesof ofemployed employedpersons persons . 2(e) Employee Employee Sec.  Air transport service Dock. quarry or oil-field Plantation Display Display of of Notice Notice On On conspicuous conspicuous place place at at the the main main entrance entrance in in English English language language or or the the language language understood understood by by majority majority of of employees employees of of the the factory. etc. Maximum Maximum Ceiling Ceiling Rs. Sec. 1972 & THE RULES CHECKLIST Sec. desired.in inForm Form ‘F’ ‘F’ Rule 9 Mode Modeof of payment payment Cash Cashor. Wholly Wholly or or partially partially for for wilfully wilfully causing causing loss. Applicability of Act  Factory industrial Establishment  Tramway service or motor transport service engaged in CHECKLIST carrying passengers or good or both by road for hire or reward. or.10.000 for for avoiding avoiding to to make make payment payment by by making making false false state-ment or state-ment or representa -tion. factory.ACT. Wharf or Jetty  Inland vessel. either either termination. loss. service.50. etc. representa -tion. 1 Calculation Calculation PiecePiecerated rated employee employee @ @15 15days days wages wagesfor for every every completed completed year yearon onan an average averageof of33 months’ months’ wages wages Calculation Calculation Seasonal Seasonal employee employee @ @77days’ days’ wages wagesfor for every every completed completed year yearof of service.6 Rule 6 Rule 4 Sec. 4(6) Sec. etc.000 Rs. After obtaining the authorization. Imprisonment Imprisonment not not less than 33 less than months months and and upto upto one one year year with with fine on fine on default default in in comply-ing comply-ing with with the the provisions provisions of of Act Act or or Rules. service.by by Bank BankDraft Draftor or Cheque Cheque Sec. 13 Protection Protectionof of Gratuity Gratuity Can’t Can’tbe be attached attachedin in execution executionof of any anydecree decree Rule 9 Penalties Penalties Imprisonment Imprisonment for for 66 months months or or fine fine upto upto Rs. Rules.50.10. All Allemployees employees irrespective irrespectiveof of status statusor or salary salary Entitlement Entitlement On Oncompletion completion of offive fiveyears’ years’ service serviceexcept except in incase caseof of death deathor or disablement disablement Qualifying Qualifying period period On Onrendering renderingof of 55years’ years’service.8 Rule 8 Recovery Recoveryof of Gratuity Gratuity To Toapply applywithin within 30 30days daysin in Form FormI Iwhen when not notpaid paidwithin within 30 30days days Forfeiture Forfeitureof ofGratuity Gratuity On On termination termination of of an an employee employee for for moral moral turpitude turpitude or or riotous riotous or or disorderly behaviour.ififso so desired.00 00 Nomination Nomination To Tobe beobtained obtained by byemployer employer after afterexpiry expiryof of one oneyear’s year’s service. either by cheque or by crediting the wages in employee’s PAYMENT OF WAGES ACT. mechanically propelled  Mine. 4(3) Sec.

6.000.10 (except Ss.7.  For failing to maintain registers or records.5000. ESI contributions etc.10. deduction for amenities and services supplied by the employer. premium for Life Insurance. or  Wilfully furnishing or causing to be furnished any information or return which he knows to be false or  Refusing to answer or wilfully giving a false answer to any question necessary for obtaining any information required to be furnished under this Act. recovery of losses. contribution to any fund constituted by employer or a trade union. S. fine not less than Rs. deduction of wages upto 8 days. Sec. S. before the expiry of the 10th day of the following month. When less than 1000 persons are employed shall be paid before the expiry of the 7th day of the following month. Fines as prescribed by Not to imposed unless the employer is given an opportunity to show cause To record in the register Sec. S.25 fine not less than Rs.8 Deductions for service rendered When accommodation amenity or service has been accepted by the employee. When more than 1000 workers. advances paid. On contravention S.9. 9 Fine not less than Rs.  On conviction for any offence and again guilty of Contravention of same provision.  For second or subsequent conviction.2000 WORKMEN’S COMPENSATION ACT. S.2) and Secs. or  Refusing or wilfully neglecting to afford an Inspector any reasonable facility for making any entry. cooperative societies.5000.  Wilfully refusing to produce on the demand of an inspector any register or other document kept in pursuance of this Act.  Fine which shall not be less than Rs. – may extend to Rs.05. may extend to Rs.5000 but may extend to Rs. may extend to Rs.5(4). over payment of wages. PF contributions.6500 pm as amended w. Sec.5000 – On subsequent conviction fine not less than Rs.000.5 (except sub-sec. 1923 CHECKLIST .10.1000 which may extend to Rs.e. granted for house-building or other purposes. loan. or preventing any person for appearance etc.8(8). income tax payable. Sec.10.etc.Coverage of Employees Drawing average wage upto Rs.10.f. S.11 Time of payment of wages The wages of every person employed be paid.000 Fine not less than Rs.  Wilfully obstructing an Inspector in the discharge of his duties under this Act.5000 – may extent to Rs. S.11 to 13. Deduction for absence from duties for unauthorised absence Absence for whole or any part of the day – If ten or more persons absent without reasonable cause.1000 extendable Upto Rs.8). Deduction for damage or loss For default or negligence of an employee resulting into loss. in pursuance of the order of the Court.4).1000 but may extend to Rs. fine. Show cause notice has to be given to the On contravention of S.4.9.8 (except Ss. inspection etc. S. S6. or  Wilfully refusing or without lawful excuse neglecting to furnish information or return. On subsequent On conviction fine not less.5000. 5 Deduction made from wages Deductions such as.000  Imprisonment not less than one month extendable upto six months and fine not less than Rs. On subsequent conviction fine not less than Rs.5000.10(2) or S.5000 – On record conviction fine not less than Rs.1000.

 An amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of ninety thousand rupees.10B Any workman relinquishing his right for personal injury not permissible. Sec. whichever is more.  Example : In case of death.1(3) Amount of compensation  Where death of a workman results from the injury  An amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor on an amount of eighty thousand rupees. or  Willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of Bar upon contracting out Report of fatal Accident and Serious Injury within 7 days to the Commissioner (not application when ESI Act applies).1 Coverage of Workmen All workers irrespective of their status or salaries either directly or through contractor or a person recruited to work abroad.14 PENALTY  In case of default by employer  Deposit of Compensation  50% of the compensation amount + interest to be paid to the workman or his dependents as the case may be.4 Exh.4A .3 When an employee is not liable for compensation  In respect of any injury which does result in the total or partial disablement of the workman for a period exceeding three days.3000 PM ● Age 23 years  Factor as schedule IV Rs.4000.b As soon as Practicable Sec. not resulting in death or permanent total disablement caused by an accident which is directly attributable to The workman having been at the time thereof under the influence of drink or drugs. Sec. 10 Report of accident Rule 11 Form EE Employer’s liability to pay compensation to a workman On death or personal injury resulting into total or partial disablement or occupational disease caused to a workman arising out of and during the course of employment. or to a rule expressly framed.19. whichever is more Procedure for calculation Higher the age – Lower the compensation  Relevant factor specified in second column of Schedule IV giving slabs depending upon the age of the concerned workman.4000 per month it will be deemed Rs. or  Willful disobedience of the workman to an order expressly given.  Where permanent total disablement results from the injury.  In respect of any injury.95 Wages Notice Accident When the monthly wages are more than Rs.Applicabilit y All over India Sec. for the purpose of securing the safety of workmen.  Within one month with the Compensation Commissioner Sec. Sec. Sec. Sec.  Wages Rs.