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A BRIEF CHECK LIST OF

LABOUR LAWS

Composed by Sandhya Arora.


B.Sc., Diploma in (HR)

The labour laws

APPRENTICES ACT, 1961


CHECKLIST

Applicability Apprenticeship
Object
Objectofofthe
theActAct Applicabilityof ofthe
the Advisor
Promotion
Promotionofofnew
newmanpower
manpoweratat Act
Act
Areas Central Apprenticeship
skills.
skills.Improvement/refinement
Improvement/refinementofof Areasand
andindustries
industriesas
as Advisor when
old
old skillsthrough
skills throughtheoretical
theoreticaland
and notified
notified by theCentral
by the Central
practical Government appointed by Central
practicaltraining
trainingininnumber
numberofof Government Government.
trades
tradesand
andoccupation
occupation Sec.
Sec.11

Industry Qualification for being trained as an Apprentice


Industry means any industry or A person cannot be an apprentice in any designated
business or in which any trade, trade unless
occupation or subject/field in He is not more than 14 years of age;
engineering or technology or any He satisfies such standard of education
vocational course may be specified And physical fitness as
as a designated trade May be prescribed. Sec. 3
Sec. 2(k)
Period of
Contract of Apprenticeship Conditions for Novation of Apprentic
To contain such terms and Contract of Apprenticeship eship
conditions as may be agreed
Training to be
to by the apprentice, or his There exists an apprenticeship Determined by
guardian (in case he is a contract. the
minor) and employers.
The employer is unable to fulfil
his obligation.
Obligations of
Termination of The approval of the
Employers
Apprenticeship Apprenticeship Advisor is
To provide the
On the expiry of the period of obtained.
Apprenticeship training. apprentice with
Agreement must be
On the application by either of the training in
registered with the his trade.
the parties to the contract to Apprenticeship
the Apprenticeship Advisor To ensure that a
Sec. 6 person duly
qualified is
Number of Apprentices in placed in
Payment to Apprentices Designated Trade charge of the
The employer to pay such stipend at To be determined by The training of the
a rate of not less than the prescribed Central Government after apprentice.
minimum rate as may be specified. consulting the Central To carry out
Sec. 6 Apprenticeship Council
contractual
Sec.8
obligations.

Obligations of Apprentice Employers liability to


To learn his trade conscientiously, diligently. pay compensation
To attend practical and instructional classes regularly. for injury
To carry out all lawful orders. As per provisions of
To carry out his contractual obligations. Workmens
Health safety & Welfare measures for Apprentices Compensation Act.
As per Factories Act or Mines Act as the case may be
when undergoing training. Offences & Punishment
Hours of work Imprisonment of a term
42 to 48 in a week while on theoretical training. upto 6 months or with
42 in a week while on basic training. fine when employer (I)
42 to 45 in a week in second year of training. engages as an
apprentice a person
As per other workers (in the third year).
who is not qualified for
Not allowed to work between 10 PM to 4 AM unless
being so engaged or
approved by Apprenticeship Advisor. (ii) fails to carry out
Leave and Holidays the terms and
Casual leave for the maximum period of 12 days in a year. conditions of a
Medical leave for the maximum period of 15 days and the contract of
accumulated leave upto 40 days in a year. apprenticeship, or (iii)
Extraordinary leave upto a maximum period of 10 days in a contravenes the
year.
CONTRACT LABOUR ACT, 1970
provisions of the Act
Sec. 15
(REGULARATION relating to the number
& ABOLITION)

& THE RULES


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 oror more
more
employment of preceding 12 months as contract workers
workers through
through the
the
contract labor in labor. 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 11
abolition in certain preceding twelve months 20 or
circumstances and for more workmen. Sec.
Sec. 77
matters connected Sec. 1
therewith.
Revocation of Licensing of Contractor
Prohibition of Employment of Registration Engaging 20 or more than
Contract Labour When obtained by 20 workers and on
Only by the appropriate Government Misrepresentation or deposit of required fee
through issue of notification after suppression in Form IV.
consultation with the Board (and not Of material facts etc. after Valid for specified
Courts) can order the prohibition of opportunity to the period.Sec.12, Rule 21
employment of contract labor. principal
Sec. 10 Employer
Sec. 9
Revocation or Suspension & Welfare measures to be taken by the Contractor
Amendment of Licences Contract labor either one hundred or more employed by a
When obtained by misrepresentation or contractor for one or more canteens shall be provided and
suppression of material facts. maintained.
Failure of the contractor to comply with First Aid facilities.
the conditions or contravention of Act Number of rest-rooms as required under the Act.
or the Rules. Sec. Drinking water, latrines and washing facilities. Sec. 16 & 17
14
Liability of Principal Employer
Laws, Agreement or standing
To ensure provision for canteen, restrooms, sufficient supply of
orders inconsistent with the
drinking water, latrines and urinals, washing facilities.
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 favorable
payable. Sec. 20
than the prescribed in the Act, such
contract will be invalid and the Muster Roll, Wages Register, Deduction Register and Overtime Register
workers will continue to get more by Contractor
favorable benefits. Every contractor shall
Sec. 20 Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII
respectively when combined.
Registers of Contractors Register or wage-cum-Muster Roll in Form XVII where the wage period is a
Principal employer fortnight or less.
To maintain a register of contractor in Maintain a Register of Deductions for damage or loss, Register or Fines and
respect of every establishment in Register of Avances in Form XX, from XXI and Form XXII respectively.
Form XII. Maintain a Register of Overtime in Form XXIII.
Contractor To issue wage slips in Form XIX, to the workmen at least a day prior to the
Rule 74 disbursement of wages.
Obtain the signature or thumb impression of the worker concerned against the
To maintain register of workers for entries relating to him on the Register of wages or Muster Roll-Cum-Wages
each registered establishment in Form Register.
XIII. When covered by Payment of Wages Act, register and records to be maintained
To issue an employment card to each under the rules
worker in Form XIV. Muster Roll, Register of wages, Register of Deductions, Register of Overtime,
To issue service certificate to every Register of Fines, Register of Advances, Wage slip.
workman on his termination in Form Rule 79
XV. Rules 75, 76 and 77 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
PENALTIES Rule 80
To display notices showing rates of wages, hours of work, wage period, dates of
Sec. Offence payment, names and addresses of the inspector and to send copy to the
Punishment
Sec. 22 Obstructions inspector
For and anythe
obstructing change forwithwith
inspector or failing to produce registers etc.
Rule 81
- 3 months imprisonment or fine upto Rs.500, or both.
Sec.23 Violation For violation of the provisions of Act or the Rules,
imprisonment of 3
Months or fine upto Rs.1000. On continuing contravention,
EMPLOYEES PROVIDENT FUNDS
additional fine upto Rs.100 per day & MISC.
PROVISIONS ACT, 1952
& THE SCHEMES
CHECKLIST
Eligibility Applicability
Any person who is employed Every establishment which is factory engaged in any industry
for work of an establishment specified in Schedule 1 and in which 20 or more persons are
or employed through employed.
contractor in or in connection Any other establishment employing 20 or more persons which
with the work of an Central Government may, by notification, specify in this behalf.
establishment.
Any establishment employing even less than 20 persons can be
Payment of Contribution covered voluntarily u/s 1(4) of the Act.
The employer shall pay the
contribution payable to the Benefits
EPF, DLI and Employees Employees covered enjoy a benefit of Social Security in the form of an
Pension Fund in respect of the unattachable and unwithdrawable (except in severely restricted
member of the Employees circumstances like buying house, marriage/education, etc.) financial
Pension Fund employed by him nest egg to which employees and employers contribute equally
directly by or through a throughout the covered persons employment.
contractor. This sum is payable normally on retirement or death. Other Benefits
It shall be the responsibility of include Employees Pension Scheme and Employees Deposit Linked
the principal employer to pay Insurance Scheme.
the contributions payable to
the EPF, DLI and Employees Rates of Contribution
Pension Fund by himself in
respect of the employees SCHEME EMPLOYEES EMPLOYERS CENTRAL
directly employed by him and GOVTS
also in respect of the
Amount > 8.33%
employees directly employed
(in case
by him and also in respect of
where
the employees employed by or
contributio
Clarification about Provident Fund n is 12% of
Contribution Schem 12% 10%) NIL
After revision in wage ceiling from e 10% (in case of
Rs.5000 to Rs.6500 w.e.f. 1.6.2001 certain
per month, the government will Establishments
continue to contribute 1.16% upto as per details
the actual wage of maximum given earlier)
Rs.6500 per month towards Insurance
Employees Pension Scheme. The Schem NIL 0.5 NIL
employers share in the Pension e
Scheme will be Rs.541 w.e.f.
1.6.2001.
Under Employees Deposit-Linked Damages
Insurance Scheme the contribution
@ 0.50% is required to be paid Less than 2 months .@ 17% per
upto a maximum limit of Rs.6500.
The employer also will pay annum
administrative charges @ 0.01%
on maximum limit of Rs.6500 Two months and above but less than upto four months
whereas an exempted
establishment will pay inspection .@22% per annum
charges @ 0.005% on the total
wages paid.
Notes: Penal Provision
The above clarification is given by
Liable to be arrested without warrants being a cognizable offence.
taking wages upto a maximum of
Rs.6500 towards wage (basic+DA).
Defaults by employer in paying contributions or
Since an excluded employee i.e.
drawing wages more than Rs.6500
inspection/administrative charges attract imprisonment upto 3 years
can also become member of the
Fund and the Schemes on joint
and fines upto Rs.10, 000 (S.14). For any retrospective application, all
request and if, for instance, such an
employee is getting Rs.10, 000 per
dues have to be paid by employer with damages upto 100% of
month, his share towards provident
EMPLOYEES
fund contribution will be Rs.1200
arrears.
e.g. 12% and employers share
STATE INSURANCE
ACT, 1948 & the SCHEME
CHECK LIST

Coverage Rate of
Applicability of Contribution of
Of employees THE ESI SCHEME TODAY
the Act & the wages
Scheme No. of implemented Centres 677
Drawing wages No. of Employers covered 2.38
Is extended in Employers
area-wise to Upto lacs
Rs.10000/- per 4.75% No. of Insured Persons 85 lacs
factories using Employees
power and month No. of Beneficiaries 330
employing 10 or Engaged either 1.75% lacs
more persons and directly or thru No. of Regional Offices/SROs
to non-power contractor 26
using No. of ESI Hospitals/Annexes 183
Manner and Time Limit No. of ESI Dispensaries 1453
manufacturing For making Payment of contribution
units and No. of PanelBenefits
Clinics 2950
establish-ments The total amount of contribution To the employees under the Act
employing 20 or (employees share and employers share)
more person upto is to be deposited with the authorized Medical, sickness, extended
Rs.7500/- per bank through a challan in the prescribed sickness for certain diseases,
month w.e.f. enhanced sickness, dependents
form in quadruplicate on ore before 21st of
1.4.2004. It has maternity, besides funeral
month following the calendar month in
also been extend- expenses, rehabilitation
which the wages fall due.
ed upon shops, allowance, medical benefit to
hotels, insured person and his or her
restaurants, roads spouse.
motor transport
WAGES FOR ESI CONTRIBUTIONS
undertakings, Contributio Contribution
Registers/files to be maintained by the employers
equip-ment n period period
maintenance staff
in the hospitals. If the person joined
To be deemed as NOT to be deemed as st th
wages wages 1 April to 30 insurance employment
September. for the first time, say on
Basic pay 5th January, his first
Contribution paid by
contribution period will
Dearness allowance kthe employer to any
1st October to be from 5th January to
pension/provident fund st
House rent allowance 31 March 31st March and his
or under ESI Act.
corresponding first
City compensatory Sum paid to defray benefit will be from 5th
allowance special expenses October to 31st
Overtime wages (but entailed by the nature December.
not to be taken into of employment Daily
account for allowance paid for the
Penalties
determining the period spent on tour.
coverage of an Gratuity payable on Different punishment have been prescribed for
employee) discharge.
Payment for day of rest different types of offences in terms of Section
Pay in lieu of notice of
Production incentive retrenchment 85: (I) (six months imprisonment and fine
compensation Rs.5000), (ii) (one year imprisonment and fine),
Bonus other than
statutory bonus Benefits paid under the and 85-A: (five years imprisonment and not less
ESI Scheme.
Night shift allowance to 2 years) and 85-C (2) of the ESI Act, which are
Encashment of leave
Heat, Gas & Dust
Payment of Inam which self explanatory. Besides these provisions,
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.
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 Conveyance Amount which amounts to criminal breach of trust.
Children
allowance
education
(not
Applicability of thebeingAct
FACTORIES ACT, 1948
towards Employer to ensure health of
reimbursement
workers forpertaining to
Registration &
Renewal of
CHECK
Any premisesLIST
whereon 10 or Cleanliness Disposal of wastes Factories
more persons with the aid of and effluents
power or 20 or more workers Ventilation and temperature To be granted by Chief
are/were without aid of dust and fume Inspector of Factories
power working on any dyad Overcrowding Artificial on submission of
preceding 12 months, humidification Lighting prescribed form, fee
wherein Manufacturing and plan.
Drinking water Spittons.
process is being carried on. Secs. 6
Secs. 11 to 20
Sec.2(ii)
Safety Measures Self-acting machines.
Welfare Measures
Casing of new machinery.
Facing of machinery Prohibition of employment of
Washing facilities
Work on near machinery in motion. women and children near
Facilities for storing and drying
Employment prohibition of young cotton-openers.
clothing
persons on dangerous machines. Hoists and lifts.
Facilities for sitting
Striking gear and devices for cutting off
First-aid appliances one first
power.
aid box not less than one for
every 150 workers.
Working Hours, Spread Over & Overtime of Adults Canteens when there are 250
Weekly hours not more than 48. or more workers.
Daily hours, not more than 9 hours.
Shelters, rest rooms and lunch
Intervals for rest at least hour on working for 5 hours.
rooms when there are 150 or
Spreadover not more than 10 hours.
more workers.
Overlapping shifts prohibited.
Extra wages for overtime double than normal rate of wages. Creches when there are 30 or
Restrictions on employment of women before 6AM and beyond 7 more women workers.
PM. Welfare office when there are
Secs. 51, 54 to 56, 59 & 60 500 or more workers.

Employment of Young Persons Annual Leave with Wages

Prohibition of employment of young children e.g. 14 years. A worker having worked for 240
Non-adult workers to carry tokens e.g. certificate of fitnekss. days @ one day for every 20 days
Working hours for children not more than 4 hrs. And not and for a child one day for working
permitted to work during night shift. of 15 days.
Secs. 51, 54 to 56, 59 & 60 Accumulation of leave for 30 days.
Secs. 79

OFFENCE PENALTIES
Sec.92 to
For contravention of the Provisions of the Act or Imprisonment upto 2 years or fine upto Rs.1,00,000 or
Rules both
On Continuation of contravention Rs.1000 per day
On contravention of Chapter IV pertaining to safety Not less than Rs.25000 in case of death.
or dangerous operations. Not less than Rs.5000 in case of serious injuries.
Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than
Rs.10, 000 which may extend to Rs.2, 00,000.
Obstructing Inspectors Imprisonment upto 6 months or fine upto Rs.10, 000
or both.
Wrongful disclosing result pertaining to results of Imprisonment upto 6 months or fine upto Rs.10, 000
analysis. or both.
For contravention of the provisions of Sec.41B, 41C Imprisonment upto 7 years with fine upto Rs.2,
and 41H pertaining to compulsory disclosure of 00,000 and on continuation fine @ Rs.5, 000 per
information by occupier, specific responsibility of day.
occupier or right of workers to work imminent Imprisonment of 10 years when contravention
danger. continues for one year.

EMPLOYMENT EXCHANGES
(COMPULSORY NOTIFICATION OF VACANCIES)
ACT, 1959 & THE RULES
CHECK LIST
Applicability
Applicabilityof
ofthe
the WhenAct
When Actisisnot
notapplicable
applicable
Object of the Act Act
Act Any employment
Any employment in in agriculture,
agriculture,
horticultureetc.
horticulture etc.
To provide for the ByBy notification
notification inin the
the Any employment
Any employment in in domestic
domestic
compulsory Official
Official Gazette,
Gazette, appoint
appoint service.
service.
notification of inin this
this behalf
behalf forfor such
such Any employment,
Any employment, the the total
total duration
duration
vacancies to State
Stateand
anddifferent
differentdates
dates of which
of which isis lessless than
than three
three
employment may
may be be appointed
appointed for for months.
months.
exchanges. different
different states
states or or for
for Any employment
Any employment to to dodo unskilled
unskilled
different
differentareas
areasofofaaState.
State. officework.
office work.
Any employment
Any employment connected
connected with with
thestaff
the staffof
ofParliament.
Parliament.
Sec.33
Sec.

Notification
Notificationof
ofvacancies
vacanciesto
toEmployment
EmploymentExchanges
Exchanges Furnishing
Furnishinginformation
informationand
and
returns
returns
Before
Beforefilling
fillingup
upany
anyvacancy
vacancyas asprescribed.
prescribed.
Employer
Employer not obliged to recruit the
not obliged to recruit the person
person through
through The
Theemployer
employerin inevery
every
employment
employmentexchange.
exchange. establishment
establishmentin inpublic
publicsector
sectorinin
To
To notify
notifythe
thevacancies
vacanciesto
to such
suchemployment
employmentexchanges
exchanges as
as that
that State or area shallfurnish
State or area shall furnish
may
maybe beprescribed.
prescribed. such
suchinformation
informationor orreturn
returnas asmay
may
Secs.
Secs.44 be
beprescribed
prescribedin inrelation
relationto to
vacancies
vacanciesthat
thathave
haveoccurred
occurredor or
are
areabout
aboutto tooccur
occurin inthat
that
establishment,
establishment,to tosuch
such
employment
employment exchangesas
exchanges asmay
may
be
beprescribed.
prescribed.
Secs.
Secs.55

Time
Time limit
limit for
for notification
notification of
of vacancies
vacancies &
& selection
selection Submission
Submissionof ofReturns
Returns
Quarterly
Quarterly in FormER-I
in Form ER-I
Atleast
Atleast 15
15 days
days before
before the
the applicants
applicants will
will be
be interviewed
interviewed or
or BIENNIAL
BIENNIALReturn
ReturnForm
FormER-II
ER-II
th st
tested.
tested. Within
Within 30
30 days
days by by 30
30th June,
June, 31
31st
thth st
March,
March, 3030 September
September && 31 31st
Employer
Employer to
to furnish
furnish the
the result
result of
of selection
selection within
within 15
15 days.
days. December.
December.
Rules
Rules Rule
Rule66
55

PENALTIES

An
An employer
employer contravening
contravening the the provisions
provisions of of Sec.4
Sec.4 (1)
(1) or
or (2).
(2).
Fine
Fine upto
upto Rs.500
Rs.500 for for first
first offence
offence and
and for
for every
every subsequent
subsequent offence
offence fine
fine Rs.1000.
Rs.1000.
IfIf any
any person
person
Required
Required to to furnish
furnish any
any information
information or or return
return
Refuses
Refuses oror neglects
neglects to to furnish
furnish such
such information
information or or return,
return, or
or
Furnishes
Furnishes or causes to be furnished any information or
or causes to be furnished any information or return
return which
which he he knows
knows toto be
be false,
false, or
or
Refuses
Refuses to to answer,
answer, or or gives
gives aa false
false answer
answer to to any
any question
question necessary
necessary for for obtaining
obtaining any
any information
information
required
required to to be
be furnished
furnished under
under section
section 5; 5; or
or

Impedes
Impedes thethe right
right of
of access
access toto 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;
6;
he
he shall
shall be
be punishable
punishable for
for the
the first
first offence
offence with
with fine
fine upto
upto Rs.250
Rs.250 and
and for
for every
every subsequent
subsequent offence
offence with
with
fine
fine upto
upto Rs.250
Rs.250 and
and for
for every
every subsequent
subsequent offence
offence with
with fine
fine upto
upto Rs.500.
Rs.500.
Rules
Rules 77 INDUSTRIAL DISPUTES ACT, 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.
purposes.
Important Clarifications
Industry has attained wider meaning than defined
except for domestic employment, covers Power of Labour Court to give Right of a Workman during
Appropriate Relief Pendency of Proceedings
from barber shops to big steel companies.
Labour Court/Industrial Tribunal can in High Court
Sec.2 (I) Employer to pay last drawn wages
Works CommitteeJoint Committee with equal Modify the punishment of dismissal or
discharge of workmen and give to reinstated workman when
number of employers and employees proceedings challenging the award
representatives for discussion of certain common appropriate relief including
reinstatement. Sec.11A of his reinstatement are pending
problems. Sec.3 in the higher Courts.
Conciliationis an attempt by a third party in
helping to settle the disputes Sec.4
Adjudication Labour Court, Industrial Tribunal or
National Tribunal to hear and decide the dispute.
Secs.7, 7A & 7B
Persons Bound by
Period of Operation of
Settlement
Settlements and
When in the course of conciliation
Awards
proceedings etc., all persons
A settlement for a period as
working or joining subsequently.
agreed by the parties, or
Otherwise than in course of
Period of six months on
Lay off & Payment of Compensation settlement upon the parties to the
Conditions for Laying off signing of settlement.
settlement. Sec.18
Failure, refusal or inability of an employer to An award for one year after
provide work due to its enforcement. Sec.19
Notice of Change
Shortage of coal, power or raw material. 21 days by an employer to workmen Prior Permission for Lay off
Accumulation of stocks. about changing the conditions of When there are more than 100
Breakdown of machinery. service as provided in Ivth Schedule. workmen during proceeding 12
Sec.9A months. Sec.25-M
Natural calamity. Sec.25-C

Lay off Compensation Prohibition of Strikes & Lock Outs


Payment of wages except for
Without giving to the employer notice of strike, as During the pendency of proceedings before a Labour
intervening weekly holiday hereinafter provided, within six weeks before striking. Court, Tribunal or National
compensation 50% of total or Within fourteen days of giving such notice. Tribunal and two months, after the conclusion of such
basic wages and DA for a Before the expiry of the date of strike specified in any proceedings.
period of lay off upto such notice as aforesaid. During the pendency of arbitration proceedings before an
maximum 45 days in a year. During the pendency of any conciliation proceedings arbitrator and two months after the conclusion of such
Sec.25-C before a conciliation officer and seven days after the proceedings, where a notification has been issued under
conclusion of such proceedings. Sub-Section(3A) of section 10A
Prior Permission by the During the pendency of conciliation proceedings During any period in which a settlement or award is in
Government for before a Board and seven days after the conclusion of operation, in respect of any of the matters covered by the
Retrenchment such proceedings. settlement or award. Secs.22&23
When there are more than 100
(in UP 300 or more) workmen
during preceding 12 months. Conditions of service etc. to remain unchanged under certain circumstances during pendency of
Three months notice or wages proceedings
thereto. Not to alter to the prejudice of workmen concerned the condition of service.
Form QA To seek Express permission of the concerned authority by paying one months wages on
Compensation @ 15 days dismissal, discharge or punish a protected workman connected with the dispute.
wages. Sec. 25-N To seek approval of the authority by paying one months wages before altering condition of
Prohibition of unfair labour service, dismissing or discharging or punishing a workman. Sec.33
practice either by
employer or workman Retrenchment of Workmen Compensation & Conditions
or a trade union as
Workman must have worked for 240 days.
stipulated in fifth
schedule Retrenchment compensation @ 15 days wages for every completed year to be calculated at last
Both the employer and the Union drawn wages
One months notice or wages in lieu thereof.
Reasons for retrenchment
Closure of an Undertaking
Complying with principle of last come first go.
60 days notice to the labour
authorities for intended closure in Form
QA. Sec.25FFA
Conditions of service etc. to remain unchanged under certain circumstances during pendency of
Prior permission atleast 90 days before
proceedings
in Form O by the Government when
Not to alter to the prejudice of workmen concerned the condition of service.
there are 100 ore more workmen
during preceding 12 months (in UP 300 To seek Express permission of the concerned authority by paying one months wages on dismissal, discharge
or more workmen) Sec.25-O or punish a protected workman connected with the dispute.
To seek approval of the authority by paying one months wages before altering condition of service, dismissing
or discharging orMatters to be Sec.33
punishing a workman. provided in Standing orders
Classification of workmen, e.g., whether permanent, temporary, apprentices,
PENALTIES probationers, or badlis. <Punishment
Sec.25-U
Offence Manner of intimating to workmen Imprisonment of uptoand
periods 6 months
hoursorof with fine upto
work, Rs.3, 000.
holidays, pay-
26 Committingdaysunfair
andlabour
wagepractices
rates. Imprisonment upto one month or with fine upto Rs.50 (Rs.1000 for lock-
27 Shift
Illegal working.
strike and lock-ourts out) or with both.
28 Instigation etc. forAttendance
illegal strike or lock-outs. Imprisonment upto 6 months or with fine upto Rs.1, 000
and late coming.
29 Giving financial aid to illegal strikes and lock-outs. Imprisonment for 6 months or with fine upto Rs.1, 000
30
Applicability of Conditions of, procedure in applying for,
Imprisonment uptoand the authority
6 months which
or with fine.On may of
continuity grant,
offence fine
Breach of and
settlement or award
31A the Act
Disclosing confidential
leave
information INDUSTRIALholidays.
pertaining to Sec.21 EMPLOYMENT
uptoRs.200 per day
Every industrial Requirement to enter premises by certain
Imprisonment upto 6 gates,
months and liability
or with toRs.1,
fine upto search.
000
Closure(STANDING
without 60 days notice under ORDERS)Sec.25 FFA ACT, 1946 & THE RULES
establishment Closing and re-opening
Contravention of Sec.33 pertaining to change of conditions of of sections
Imprisonment of the
upto industrial
6 months or establishments,
with fine upto Rs.5, and
000
31 wherein 100 or Service during temporary
pendency ofstoppages Imprisonment
dispute etc. of work and theupto 6 months
right or fine upto
and liabilities ofRs.1,
the 000.
employerFine upto
andRs.100
more (in many When no penally isworkmenprovided forarising therefrom.
contravention
States it is 50 or Termination of employment, CHECK-LIST and the notice thereof to be given by employer
more). and workmen.
Any industry Suspension or dismissal for misconduct, and acts or omissions which
covered by constitute misconduct.
Bombay Industrial Means of redressal for workmen against unfair treatment or wrongful
Relations Act, exactions by the employer or his agents or servants.
1946. Additional Matters
Industrial Service Record Matters relating to service card, token tickets, certification of
establishment service, change of residential address of workers and record of age
covered by M.P. Confirmation Age of retirement Transfer Medical aid in case of Accident
Industrial Medical Examination Secrecy Exclusive service.
Employment Secs.2 (g), 3(2) and Rule 2A
(Standing Orders)
Act, 1961.
Conditions for
Certification of
Standing Orders
Every matter to be
set out as per
Schedule and Rule
2A.
The standing orders Procedure for Date of Posting of Standing
to be in Certification of Operation of Orders
conformity with Standing Orders Standing
the provisions of Certifying Officer to Orders The text of the
the Act. forward a copy of draft standing orders as
standing orders to the On the date of finally certified shall
trade union or in the expiry of 30 days prominently be posted
Submissions of absence of union, to the from certification in English or in the
Draft Standing workmen of the industry. or on the expiry language understood
Orders The trade union or the of 7 days from by majority of workmen
other representatives, as authentication of on special board at or
Within six months the case may be, are to Standing Orders. near the entrance for
from the date when be heard. majority of workers.
the Act becomes Sec.5 Sec. 7 Sec. 9
applicable to an
industrial Temporary Payment of Subsistence Allowance to the
establishment. Five application of Model Suspended Workers
copies of the draft Standing Orders At the rate of fifty per cent, of the wages which the
Standing Orders are Temporary application workman was entitled to immediately proceeding the
to be submitted to of mod standing orders date of such suspension, for the first ninety days of
the Certifying shall be deemed to be suspension.
Officer under the adopted till the At the rate of seventy-five percent of such wages for
Act. standing orders as the remaining period of suspension if the delay in the
submitted are certified. completion of disciplinary proceedings against such
Sec.3 Sec.12-A workman is not directly attributable to the conduct
such workman. Sec.10-A

PENALTIES

Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for every day on
continuation of offence.
Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day.

MATERNITY
BENEFIT ACT, 1961
CHECK LIST
Coverage of the Act Conditions for eligibility
Object of the Act Upon all women employees either employed
To protect the dignity of benefits
directly or through contractor except Women indulging temporary
of motherhood and domestic women employees employed in
the dignity of a new of unmarried are eligible for
mines, factories, plantations and also in maternity benefit when she
persons birth by other establishments if the State
providing for the full is expecting a child and has
Government so decides. Therefore, if the worked for her employer for
and healthy State Government decides to apply this Act
maintenance of the at least 80 days in the 12
to women employees in shops and months immediately
woman and her child commercial establishments, they also will
at this important time proceeding the date of her
get the benefit of this Act. Bihar, Punjab expected delivery Sec. 5.
when she is not Haryana, West Bengal, U.P., Orissa and
working. Andhra have done so.
Cash Benefits Conditions for eligibility of
benefits
Leave with average pay for six weeks before the delivery.
Leave with average pay for six weeks after the delivery. Ten weeks before the date of
A medical bonus of Rs.25 if the employer does not provide free medical care to the her expected delivery, she
woman. may ask the employer to
An additional leave with pay up to one month if the woman shows proof of illness due to give her light work for a
the pregnancy, delivery, miscarriage, or premature birth. month. At that time she
In case of miscarriage, six weeks leave with average pay from the date of miscarriage. should produce a certificate
Non Cash Benefits/Privilege that she is pregnant.
She should give written notice
Light work for ten weeks (six weeks plus one month) before the date of her expected
to the employer about seven
delivery, if she asks for it. weeks before the date of her
Two nursing breaks in the course of her daily work until the child is 15 months old. delivery that she will be
No discharge or dismissal while she is on maternity leave. absent for six weeks before
No change to her disadvantage in any of the conditions of her employment while on and after her delivery. She
maternity leave. should also name the person
Pregnant women discharged or dismissed may still claim maternity benefit from the to whom payment will be
employer. made in case she can not
take it herself.
Exception: Women dismissed for gross misconduct lose their right under the Act for
She should take the payment
Maternity Benefit for the first six weeks before
Leave for Miscarriage Leave for illness arising out of she goes on leave.
& Tubectomy Operation pregnancy etc. etc. She will get payment for the six
Leave with wages at the rate of A woman suffering from illness weeks after child-birth within
maternity benefit, for a period of arising our of pregnancy, delivery, 48 hours of giving proof that
she has had a child.
six weeks immediately following premature birth of child
She will be entitled to two
the day of her miscarriage or her (Miscarriage, medical termination nursing breaks of fifteen
medical termination of pregnancy. of pregnancy or tubectomy minutes each in the course
Entitled to leave with wages at the operation) be entitled, in addition of her daily work till her child
rate of maternity benefit for a to the period of absence allowed is fifteen months old.
period of two weeks immediately to her leave with wages at the Her employer cannot discharge
following the day of her tubectomy rate of maternity benefit for a her or change her conditions
operation. maximum period of one month. of service while she is on
maternity leave.
Sec. 10
Sec. 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.
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, or to vary to her disadvantage any of the conditions of her service.
At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical
bonus, etc.
Not barred in case of dismissal for cross misconduct. Sec.

Failure to Display Forfeiture of maternity benefit


Extract of Act If permitted by her employer to absent herself under the provisions of section 6 for
Imprisonment may any period during such authorized absence, she shall forfeit her claim to the
extend to one year maternity benefit for such period.
or fine. For discharging or dismissing such a woman during or on account of her absence
from work, the employer shall be punishable with imprisonment which shall not be
less than 3 months, but it will extend to one year and will find, but not exceeding
Rs.5, 000. Sec. 18

MINIMUM WAGES ACT, 1948


CHECK LIST

Object of the Act Fixation of Minimum Rates of Wages


To provide for fixing The appropriate government to fix minimum rates of wages. The
minimum rates of employees employed in para 1 or B of Schedule either at 2 or either part of
wages in certain notification u/s 27.
employments To make review at such intervals not exceeding five years the minimum
rates or so fixed and revised the minimum rates.
Minimum Rates of Government can also fix Minimum Wages for
Wages Time work Piece work at piece rate Piece work for the purpose of
Such as Basic rates of
securing to such employees on a time work basis Overtime work done by
wages etc. Variable DA
employees for piece work or time rate workers.
and Value of other
concessions etc. Sec. 4
Procedure for fixing Composition of Payment of
and revising Minimum Committee Minimum
Rates of Wages Representation of Rates of
Fixing Hours for Appointing Committee employer and Wages
Normal Working issue of Notification etc. employee in schedule Employer to pay to
Sec. 5 employer in equal every employee
Shall constitute a number and engated in schedule
normal working day Overtime independent persons employment at a rate
inclusive of one or To be fixed by the hour, by not less than minimum
not exceeding 1/3 or
rd
rates of wages as fixed
more specified the day or by such a longer its total number one
wage-period works on any by Notification by not
intervals. such person to be making deduction
To provide for a day day in excess of the number appointed by the other than prescribed.
of rest in every of hours constituting normal Chairman. Sec.12
period of seven days working day.
Payment for every hour or for Wages of workers who works for less than
with remuneration. normal working days
To provide for part of an hour so worked in
excess at the overtime rate Save as otherwise hereinafter provided, be entitled
payment for work on to receive wages in respect of work done by him
a day of rest at a rate double of the ordinary rate of
(1 times or for agriculture on that day as if he had worked for a full normal
not less than the working day.
overtime rate.. Sec. labour) Sec.
5 Sec.15
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, wages at not less than the Register of WagesForm X, Wages slipForm XI, Muster RollForm V
minimum rate in respect of each such
Rule 26
class. Sec. 16
Representation of register for three year Rule 26-A
Minimum time rate wages for piece Claims by employees
work To be filed by before authority constituted under the Act within 6
Not less than minimum rates wages months.
as fixed . Compensation upto 10 times on under or non-payment of wages

PENALITIES Offence Punishment


For paying less than minimum Imprisonment upto 6 months
rates of wages or with fine upto Rs.500/-

Sec. 20 For contravention of any provisions Imprisonment upto 6 months


pertaining to fixing hours for or with fine upto Rs.500/-
normal working day etc.

SALES PROMOTION EMPLOYEES


(CONDITIONS
OF SERVICE) ACT, 1976 & THE RULES
CHECKLIST Leave
Earned leave and cash
compensation
Object on of
earned
the leave
Act not
availed Object of the Act
of.
Maximum limit upto
To regulate certain conditions of service of sales promotion employees
To regulate certain conditions of service of sales promotion employees in
in certain
certain establishments.
which earned leave
establishments.
On full wages for not less than 1/11 th
Can be accumulated 180
of the period spent on duty.
days of which the
Applicability of the Act Leave on medical Certificate
employee can avail
On one-half of the waves for himself 90 days at a time.
Whole of India with effect not less than 1/18th of the period of Encashment of leave 120
from 6.3.1976 service. days.
Cashable on voluntary Sec.14
relinquishment or termination other
Applicability of other
Acts
Workmens
Compensation Act, 1923
Industrial Disputes Act, Issue of Appointment
1947 Letter in Form A
Minimum Wages Act, Within three
Number of holidays in a year
1948 months from the
Maternity Benefit Act, 10 in calendar year commencement of the
Rule 4 Act and in other case on
appointment.
Maintenance of register Sec.5 Rule 22
A register of sales Compensatory holidays
promotion employees in Within 30 days of the day when he was Wages for holidays
Form B. required to work. Rule To be entitled for wages on
5 all holidays as if he was on
Service Books for every
employee in Form C duty.
Application for leave Rule 6
A register of service
books in Form D When other than casual leave, not less
than one month before Recording of reason for
Leave account of each refusal or
commencement of leave except for
employee in Form E. postponement of
urgent or unforeseen circumstances.
Sec. 7 Rule 23 leave.
Rule 9
Wages for weekly day of Rule 10
rest
Entitled to wages on weekly Holidays intervening during the Medical leave
days of rest as if he period of leave
was on duty. Except casual leave granted or day of On production of medical
Rule 7 weekly rest, other holidays shall certificate.
be part of leave. Rule 15
Affixing of holidays to Rule 12
leave
Premixing or suffixing of
any leave not Extraordinary leave Casual leave

At the discretion of the employer 15 days in a calendar year.


Quarantine leave
Rule 17 Rule 15
Upto 30 days on the
recommendations of
authorized medical PENALTY
attendant or Public On contravention of provisions relating to Leave Issue of Appointment Letter
Health Officer. or Maintenance of Registers fine upto Rs.1000
Sec. 9

TRADE UNIONS ACT, 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 the the
registration of Trade Union and in certain
To define law relating to registered Trade Unionsrespects
To define the law relating to registered Trade Unions

Registration
Registrationof
oftrade
tradeUnion
Union Registration
Registrationof
oftrade
tradeUnion
Union

Prescribed
Prescribedform
formwith
withfollowing
followingdetails.
Any 77 or
Any or more
more members
members ofof aa trade
trade union
union may,
may, by
by details.
subscribing
subscribing their names to the rules of the tradeunion
their names to the rules of the trade Names,
and
union Names, occupations
occupations and
and address
address ofof the
the
andits
itscompliance.
compliance. members
membersplace
placeof
ofwork.
work.
There
Thereshould
shouldbebeat least10%,
atleast 10%,oror100
100ofofthe thework-men,
work-men, Address
Addressof ofits
itshead
headoffice;
office;and
and
whichever
whichever is less, engaged or employed inin the
is less, engaged or employed the
establishment Names,
Names, ages, addresses and occupations
ages, addresses and occupations of
of
establishmentororindustry
industrywith
withwhich
whichititisisconnected.
connected. its office bearers.
its office bearers.
ItIthas
hason
onthe
thedate
dateof
ofmaking
making application
applicationnot
notless than 77
lessthan Sec.
Sec.55
persons
persons as its members, who are workmen engagedor
as its members, who are workmen engaged or
employed
employedininthe
theestablishment
establishmentor
orindustry
industrywith
withwhich
whichitit
Minimum
Minimumrequirements
requirementsfor
for Cancellation
Cancellationof
of Criminal
Criminalconspiracy
conspiracyin
intrade
trade
membership
membershipof
oftrade
trade Registration disputes
union Registration disputes
union
IfIfthe
thecertificate
certificatehashasbeen No
been No office
office bearer
bearer or or member
member of of aa
than10%
10%, ,oror100
Not obtained
obtained by fraudor
by fraud
Notless
lessthan 100 or registered
registered trade union shall be liableto
trade union shall be liable to
of mistake
mistakeor oritithas
hasceased
ceasedto
of the workmen,whichever
the workmen, whicheverisis to punishment
punishment under
under sub
sub section
section (2)
(2) of
of
less, exist
existor orhas
haswillfully conspiracy
less,
contravened
willfully conspiracyu/su/s120B
120Bof ofIPC
IPCininrespect
respectofof
Subject
Subjecttotoaaminimum
minimumof of77, , contravenedany anyprovision
provision any
any agreement
agreement made made between
between the the
of this Act. members
engaged
engaged or employed inan
or employed in an
of this Act.
IfIfititceases members for the purposeof
for the purpose offurthering
furthering
Establishments ceasesto tohave
havethe
the any
anysuch
suchobject
objectof
ofthe
theTrade
TradeUnion.
Establishmentsetc.
etc. requisite Union.
Sec. requisite numberof
number of Sec.
Sec.17
Sec.9A 9A members. 17
members.
Sec.
Sec.10 10
Disqualification
Disqualificationof
ofoffice
officebearers
bearers Returns
Returns
of Trade Union
of Trade Union
Annually
Annuallytotothe
theRegistrar,
Registrar,on onororbefore
beforesuch
suchdate
dateasasmay
may
be
be prescribed, a general statement, audited in the
prescribed, a general statement, audited in
of18
IfIfone the
onehas
hasnot
notattained
attainedthe
theage
ageof 18years.
years. prescribed
Conviction prescribed manner,
manner, ofof all
all receipts
receipts and
and expenditure
expenditure of
of
Conviction for an offence involvingmoral
for an offence involving moral every
turpitude. everyregistered
registeredTrade
Trade Union
Union during
duringthe
theyear
year ending
endingonon
turpitude. st
the31
the 31stDecember.
December.
Not
Notapplicable when55years
applicablewhen yearshave
haveelapsed.
elapsed. Sec.
Sec. 21-A Sec.28
28
Sec. 21-A

Penalties Offence Punishment

For making false entry in or Fine upto Rs.500. On


any omission in general continuing default, additional
statement required for fault, Rs.5 for each week (not
U/s 31 sending returns. exceeding Rs.50).

For making false entry in the Fine upto Rs.500.


form.

Supplying false information Fine upto Rs.200.


U/s 32 regarding Trade Union

PAYMENT OF BONUS ACT, 1965 & THE


RULES
CHECKLIST
Applicability of Act Establishment
Every factory where in 10 or more persons are
employed with the aid of power or Establishment includes
Departments,
An establishment in which 20 or more persons are
undertakings and
employed without the aid of power on any day during branches, etc.
an accounting year
Separate establishment

Computation of available surplus Components of If profit and loss accounts


Bonus are prepared and
Income taxes and direct taxes as maintained in respect of
payable. Salary or wages any such department or
Depreciation as per section 32 of includes dearness undertaking or branch,
Income Tax Act. allowance but no other then such department or
Development rebate, investment or allowances e.g. over- undertaking or branch is
development allowance. time, house rent, treated as a separate
Sec.5 incentive or establishment.
Sec.3
Disqualification & Deduction of Bonus
Computation of gross
On dismissal of an employee for profit
Fraud; or For banking company, as
per First Schedule.
riotous or violent behavior while on the premises of the
establishment; or Others, as per
theft, misappropriation or sabotage of any property of the Second Schedule
establishment or Sec.4
Misconduct of causing financial loss to the Employer to the
extent that bonus can be deducted for that year. Eligible Employees
Secs. 9 & 18.
Employees drawing wages
upto Rs.3500 per month or
Eligibility of Bonus Payment of Minimum Bonus less.
8.33% of the salary or For calculation
An employee will be entitled Rs.100 (on completion of 5 purposes Rs.2500
only when he has worked years after 1st Accounting year per month
for 30 working days in that even if there is no profit) maximum will be
year. Sec.10 taken even if an
Sec. 8 Sec. 8 employee is
drawing upto
Rs.3500 per month.
Time Limit for Set-off and
Sec.12
Payment of Bonus Set-on
Note: The proposal to
Within 8 months from the As per Schedule IV.
enhance the existing
close of accounting y ear. Sec. 15
ceiling of Rs.3500 is under
Sec. 19
active consideration by
Maintenance of Registers and Records etc.

A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in
form A.

A register showing the set-on and set-off of the allocable surplus, under section 15, in form B

A register showing the details of the amount of bonus due to each of the employees, the
deductions under section 17 and 18 and the amount actually disbursed, in form C.
Sec.26, Rule 4
Act not applicable to certain employees of LIC, General Insurance, DockYards, Red Cross, Universities &
Educational Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors, etc.
etc. Sec.32.
For contravention of any provision of the Act or the Upto 6 months or with fine upto Rs.1000.
PENALTY Rule Sec.28

Sec.
1
PAYMENT OF Sec.
2(s)

Applicability
Applicability
GRATUITY Wages
Wages for
for
Calculation
Every
Everyfactory,
factory, ACT, 1972 & THE RULES Calculation

mine,
mine,oil oilfield,
field, @
@ 15 15 days
days
plantation,
plantation,port,port, wages
wages for for every
every
railways,
railways, completed
completed year year
company,
company,shop,
establishment
shop, CHECKLIST as
as ifif the
the month
month
establishmentor or Employee
Employee Qualifying
Qualifying
comprises
comprises of of 26
26
educational
educational period days
days at the last
at the last
period
institutions All drawn
drawn wages.
institutions Allemployees
employees wages.
employing
employing10 10or irrespective of On
or irrespectiveSec.of Onrendering
renderingof of
more employees status
more employees statusoror2(e) 55years
yearsservice,
service,
salary
salary either
either
termination,
termination,
Entitlement
Entitlement resignation
resignationoror
On
Oncompletion
completion retirement.
retirement.
of
offive
fiveyears
years
service
serviceexcept
except
in
incase
caseof
of
death
deathoror
disablement
disablement
Sec.
1
Rule
Calculation Calculation 4
Calculation Calculation
Piece-
Piece- Seasonal
Seasonal
rated
rated employee
employee Display
Display of
of
employee
employee Notice
Notice
@@77days
days
@@1515days
days wages
wagesforfor On
On conspicuous
conspicuous
wages
wagesfor
for every
every place
place at
at the
the main
main
every
every completed
completed entrance
entrance in in
completed
completed year
yearofof English
English language
language
year
yearon
onanan service.
service. or
or the
the language
language
average
averageofof33 understood
understood by by
months
months majority
majority ofof
wages
wages employees
employees of of the
the
Sec. factory, etc.
4(3) factory, etc.
Rule
Sec.6 Maximum 9
Maximum
Rule 6 Ceiling
Ceiling
Mode
Modeof
of
payment Rule
Nomination
Nomination Rs.3,
Rs.3, payment
9
50,000
50,000
To Cash
Cashor,
or,ififso
so
Tobebeobtained
obtained Penalties
by desired,
desired,by by Penalties
byemployer
employer
after Bank
BankDraft
Draftor or
afterexpiry
expiryofof Imprisonment
one
oneyears
years
Cheque
Cheque Imprisonment for for
66 months
months oror fine
fine
service,
service,ininForm
Form upto
upto Rs.10,
Rs.10, 000
000
F
F for
for avoiding
avoiding to to
Sec. make
make payment
payment
4(6) by
by making
making false
false
Sec.8 Sec. state-ment
state-ment or
or
Rule 8 Forfeiture 13 representa -tion.
Forfeitureof
ofGratuity
Gratuity representa -tion.

Recovery
Recoveryof On Protection
Protectionof Imprisonment
Imprisonment not not
of On termination
termination of of anan of
Gratuity employee Gratuity less
less than
than 33
Gratuity employee for for moral
moral Gratuity
turpitude months
months andand upto
upto
turpitude oror riotous
riotous oror
To one
one year
year with
with
Toapply
applywithin
within disorderly
disorderlybehavior.
behavior. Cant
Cantbe
be
30 fine
fine on
on default
default in
in
30days
daysinin Wholly
Wholly or or partially
partially for
for attached
attachedinin
Form comply-ing
comply-ing withwith
FormI Iwhen
when willfully
willfully causing loss,
causing loss, execution
executionofof
not the
the provisions
provisions ofof
notpaid
paidwithin
within destruction
destruction ofof property
property any
anydecree
decree
30 Act
Act or
or Rules.
Rules.
30days
days etc.
etc.

PAYMENT OF WAGES ACT, 1936


CHECKLIST
Applicability of Act Object
Objectofofthe
theAct
Act Wages to be paid in
Factory industrial To
Toregulate
regulatethe
thepayment
paymentofofwages
wagesof
of current coins
Establishment certain
certainclasses
classesof
ofemployed
employedpersons
persons or currency
Tramway service or motor notes
Time of payment of wages All wages shall be paid
transport service engaged in
The wages of every person employed in current coins or
carrying passengers or good Deduction for
is paid. currency absence
notes or in
or both by road for hire or from
When less than 1000 persons are both.
reward. Air transport duties for
employed shall be paid before the
service Dock, Wharf or Jetty After obtaining the
unauthorized
expiry of the 7th day of the following
Inland vessel, mechanically authorization,
absenceby
either
month.
propelled Cheque or by crediting
When more than 1000 workers, before
Mine, quarry or oil-field the wages
Absence forinwhole
employees
or
the Deduction
expiry of made
the 10from
th wages
day of the
Plantationof Employees
Coverage Deductions
following such as, fine, deduction for
month. any part of the day
Drawing average wage upto amenities
Sec. 5 and services supplied by the If ten or more persons
Rs.6500 pm as amended w.e.f. employer, advances paid, over absent without
6.9.05. payment of wages, loan, granted for reasonable cause,
house-building or other purposes, deduction of wages upto
income tax payable, in pursuance of 8 days.
the order of the Court, PF
contributions, cooperative societies, Sec. 9
premium for Life Insurance,
contribution to any fund constituted by
employer or a trade union, recovery of
Fines as prescribed by
Not to imposed unless the
employer is given an
opportunity to show cause
To record in the register
Sec.8

Deductions for service


rendered Deduction for damage or loss
When accommodation amenity
or service has been accepted For default or negligence of an
by the employee. employee resulting into loss. Show
Sec.11 cause notice has to be given to the

On contravention of S.5 (except sub-sec.4), S.7, S.8 Fine not less than Rs.1000, which may extend to
(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to Rs.5000. On subsequent conviction fine not less
13. than Rs.5000, may extend to Rs.10, 000. On
contravention S.4, S.5 (4), S6, S.8 (8), S.10 (2) or
S.25 fine not less than Rs.1000. may extend to
Rs.5000. On subsequent On conviction fine not less.
For failing to maintain registers or records; or
Willfully refusing or without lawful excuse Fine which shall not be less than Rs.1000 but may
neglecting to furnish information or return; or extend to Rs.5000 On record conviction fine not
Willfully furnishing or causing to be furnished any less than Rs.5000, may extend to Rs.10, 000.
information or return which he knows to be false or For second or subsequent conviction, fine not less
Refusing to answer or willfully giving a false than Rs.5000 but may extend to Rs.10,000
answer to any question necessary for obtaining
any information required to be furnished under
this Act.
Willfully obstructing an Inspector in the discharge
of his duties under this Act; or
Refusing or willfully neglecting to afford an Fine not less than Rs.1000 extendable
Inspector any reasonable facility for making any Upto Rs.5000 On subsequent conviction fine
entry, inspection etc. not less than Rs.5000 may extent to Rs.10,000
Willfully refusing to produce on the demand of an
inspector any register or other document kept in
pursuance of this Act; or preventing any person for
appearance etc.
On conviction for any offence and again guilty of Imprisonment not less than one month extendable
Contravention of same provision. upto six months and fine not less than Rs.2000
Failing or neglecting to pay wages to any extendable upto Rs.15000.

WORKMENS COMPENSATION When an employee is not liable


for compensation
ACT, 1923 In respect of any injury which does
CHECKLIST result in the total or partial
disablement of the workman for a
Amount of compensation
Coverage of Workmen period exceeding
Employers three days.
liability to pay
Where
Applicabilit a workman
death of All results
workersfrom the injuryof their
irrespective In compensation
respect of any to ainjury,
workman not
An
y amount equalstatusto fifty per cent of the
or salaries either monthly
directly or On resulting
death orin death injury
personal or permanent
resulting
wages of the deceased workman
through multiplied
contractor by the
or a person totaltotal
into disablement caused by oran
or partial disablement
Allrelevant
over India
factor on anrecruited
amount toof work
eighty thousand
abroad. rupees,
Sec.1 (3) accident
occupationalwhich is
disease caused directly
to a
Sec.1is more.
whichever attributable
workman to- out of and during
arising
Where permanent total disablement results from the injury. Thethe workman
course ofhaving been at the
employment.
An amount equal to sixty per cent of the monthly time thereof under the influence Sec.3of
wages of the injured workman multiplied by the relevant drink or drugs, or
factor or an amount of ninety thousand rupees, Willful disobedience of the
whichever is more workman to an order expressly
Procedure for calculation given, or to a rule expressly
Higher the age Lower the compensation framed, for the purpose of
Relevant factor specified in second column of Schedule IV securing the safety of workmen, or
giving slabs depending upon the age of the concerned Willful removal or disregard by the
workman. workman of any safety guard or
Example: In case of death. other device which he knew to
Wages Rs.3000 PM Age 23 years have been provided for the
Factor as schedule IV Rs.19.95 purpose of securing the safety of
Wages Notice
Accident
When the monthly wages
are more than Rs.4000 per As soon as
month it will be deemed Practicable
Rs.4000. Sec. 10
Sec.4 Exh.b

Report of accident Bar upon contracting out


Rule 11 Form EE
Any workman relinquishing his right
Report of fatal Accident and Serious Injury within 7 days to for personal injury not permissible.
the Commissioner (not application when ESI Act applies). Sec.14
Sec.10B

PENALTY

In case of default by employer 50% of the compensation amount + interest to be paid to the
Deposit of Compensation workman or his dependents as the case may be.
Within one month with the Compensation Commissioner
Sec.4A