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EMPLOYEES’ PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952
Any person who is employed for work of an establishment or employed through contractor in or in connection with the work of a an establishment. ab
Every establishment which is factory engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed.
Any other establishment employing 20 or more persons which Central
by notification. • Any establishment employing even less than 20 persons can be l h b covered voluntarily u/s 1(4) of the Act. f specify in this behalf.Government may. Act .
Payment of Contribution The employer shall pay the contribution payable to the EPF. . and Employees’ Pension Fund in respect of the member of the Employees’ Pension Fund employed by him directly by or through a contractor.
Rates of Contribution SCHEME SC Provident P id t Fund Scheme Insurance Scheme Pension Scheme EMPLOY O EE’S 12% EMPLOY O ER’S Amount > 8.5 05 8.16% 1 16% .33 8 33 0.33 8 33 CENTRAL C GOVT’S Nil NIL NIL Nil 1.
@22% per annum Four months and above but less than upto six months ….Damages Less than 2 months ….@ 17% per L th th @ annum Two months and above but less than upto four months ….@ 27% per annum Six months and above .
10. Defaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto 3 g p p years and fines upto Rs.Penal Provision P lP i i Liable Li bl to b arrested without warrant be d ih being a cognisable offence.000 (S. . all dues have to be paid by employer with h t b id b l ith damages upto 100% of arrears.14). For any retrospective application.
INDUSTRIAL DISPUTES ACT. 1947 .
d for i h .Object of the Act f Provisions for investigation and settlement of industrial disputes and f certain other purposes.
2(I) Works Committee–Joint C W k C itt J i t Committee with equal itt ith l number of employers and employees’ representatives for discussion of certain common p problems.3 Conciliation–is an attempt by a third party in helping to settle the disputes Sec. covers from barber shops to big steel companies. Industrial Tribunal or National Tribunal to hear and decide the dispute.Industry – has attained wider meaning than p p y .7. Sec.4 Adjudication – Labour Court. defined except for domestic employment. Sec.7A & 7B . dispute Secs.
refusal or inability of an F il f l i bilit f employer to provide work due to Shortage of coal power or raw coal. Accumulation of stocks stocks. material.25-C . Natural calamity calamity. Sec.Lay off & Payment of Compensation – Conditions for Laying off Failure. Breakdown of machinery.
Sec.Prior P P i Permission for Lay off i i f L ff When there are more than 100 workmen during proceeding 12 months.25-M ec 5 .
Sec.Lay ff C L off Compensation ti Payment of wages except for intervening weekly h lid i t i kl holiday compensation 50% of total or basic b i wages and DA for a period d f i d of lay off upto maximum 45 days in i a year.25-C .
Prior Permission by the y Government for Retrenchment When there are more than 100 workmen during preceding 12 months. 25-N . months Three months’ notice or wages thereto. h Form QA Compensation @ 15 days’ wages. Sec.
Retrenchment compensation @ 15 days’ wages for p y g every completed year to be calculated at last drawn wages One month’s notice or wages in lieu thereof. Reasons for retrenchment Complying with principle of ‘last come first go’.Retrenchment of Workmen Compensation & Conditions Workman must have worked for 240 days. Sending Form P to Labour Authorities. .
17B . Sec.Right of a Workman during Pendency of Proceedings in High Court Employer to pay last drawn wages to reinstated workman when d k h proceedings challenging the award of his reinstatement are pending in the higher Courts.
11A . Sec.Power of Labour Court to give Appropriate Relief Labour Court/Industrial Tribunal can Modify the M dif th punishment of dismissal i h t f di i l or discharge of workmen and give appropriate relief including reinstatement.
25-T . Sec.Prohibition of unfair labour practice either by employer or workman or a t d union as k trade i stipulated in fifth schedule Both the employer and the Union can be punished.
25-O .25FFA Prior permission atleast 90 days before in Form O by the Government when there are 100 or more workmen during preceding 12 k d i di months. Sec.Closure of an Undertaking Cl f U d t ki 60 days’ notice to the labour authorities for intended closure in Form QA. Sec.
l i f h di . Within fourteen days of giving such notice. within six weeks before striking. after the conclusion of such proceedings. During the pendency of proceedings before a Labour Court. Tribunal or National Tribunal and two months. as hereinafter provided.Prohibition of Strikes & Lock Outs Without giving to the employer notice of strike. Before the expiry of the date of strike specified in any such notice as aforesaid.
ii) before a conciliation officer and seven ) days after the conclusion of such proceedings .Prohibition of Strikes & Lock Outs During the pendency of conciliation f proceedings before: i) a Board and seven days after the conclusion of such proceedings.
proceedings where a notification has been issued under Sub-Section(3A) of section 10A.Prohibition of Strikes & Lock Outs During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings. in respect of any of the matters covered by the settlement or award Secs. During any period in which a settlement or award is in operation.22&23 award. .
Persons B P Bound by Settlement d b S ttl t When in the course of conciliation proceedings etc.. all persons working or joining subsequently. Sec.18 . Otherwise than in course of settlement upon the parties to the settlement.
Sec.Period of Operation of Settlements and Awards A settlement f a period as agreed for by the parties. l An award for one year after its enforcement.19 . or Period of six months on signing of settlement.
Imprisonment up to 6 p p months or with fine up to Rs.200 per day Imprisonment upto 6 months or with fine upto Rs 1 000 Committing unfair labour practices ii) Illegal strike and lock-outs lock outs iii) Instigation etc.1.On continuity of offence fine up to Rs.21 .000 Imprisonment for 6 months or with fine up to Rs. vi) Breach of settlement or award ) sc os g confidential vi) Disclosing co de a information pertaining to Sec.1000 for lockout) or with both.3. iv) Giving financial aid to illegal strikes and lock-outs.1.000 Imprisonment up to 6 months or with fine. Imprisonment up to one month or with fine up to Rs.Offence Off i) Punishments P i h t Imprisonment of up to 6 I i t f t months or with fine up to Rs.000. for illegal strike or lock-outs.50(Rs.
O e ce Offence vii) Closure without 60 ii) Cl ith t days’ notice under Sec. ix) When no penalty is provided for contravention Fine upto Rs. Punishment u s e t Imprisonment upto I i t t 6 months or with fine upto Rs.5.1.25 FFA viii) Contravention of Sec.33 pertaining to change of conditions of Service during pendency of dispute etc.000.100 .000 Imprisonment upto 6 months or fine upto R 1 000 t Rs.
1946 & THE RULES .STANDING ORDERS ACT.
Applicability of the Act Every industrial establishment wherein 100 or more h .
apprentices. Manner of intimating to workmen p g periods and hours of work. whether Cl ifi i f k h h permanent. Shift working. e.Matters to be provided in Standing orders Classification of workmen. temporary. Attendance and late coming. . holidays.. pay-days and wage rates. probationers. or badlis.g.
gates and liability to search.Conditions of. leave grant and holidays. and the authority which may grant. procedure in applying for. . and temporary stoppages of work and the right and liabilities of the employer and workmen arising there from. Requirement to enter premises by certain gates. search Closing and re-opening of sections of the industrial establishments.
and f the notice thereof to be given by employer and workmen workmen.Termination of employment. . Suspension or dismissal for misconduct. and acts or omissions i d d i i which constitute misconduct.
2(g). Secrecy. Exclusive service. token tickets.Medical Examination. certification of service. 3(2) and R l 2A S 2( ) d Rule . Secs.Means of redressal for workmen against unfair treatment or wrongful exactions by the employer or g y p y his agents or servants. change of residential address of workers and record of age Confirmation Age of retirement Transfer Medical aid in case of Accident . Additional Matters Service Record – Matters relating to g service card.
f the first ninety days of for f f suspension. Sec.Payment of Subsistence Allowance to the Suspended Workers At th rate of fifty per cent. At the rate of seventy-five percent of such wages for the remaining p g g period of suspension p if the delay in the completion of disciplinary proceedings against such workman is notdirectly attributable to the conduct such workman.10-A . of the wages the t f fift t f th which the workman was entitled to immediately proceeding the date of such suspension.
1948 Object of the Act f To provide for fixing minimum rates of wages in certain employments .MINIMUM WAGES ACT.
Variable DA and Value of other concessions etc. 4 .Minimum Rates of Wages Such as Basic rates of wages etc. Sec.
Fixation of Minimum Rates of Wages The appropriate government to fix pp p g minimum rates of wages. . Government can also fix Minimum Wages for g 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 employees for piece work or time rate workers. To make review at such intervals not exceeding five years the minimum rates or so fixed and revised the minimum rates.
Payment for every hour or for part of an hour so worked in excess at the overtime rate double of the ordinary rate of (1½ times or for agriculture labour) Sec.Overtime To b fi d b h h T be fixed by the hour. 5 . by the d b h day or by b such a longer wage period works on any day in excess of the number of hours constituting normal working day.
Fixing Hours for Normal Working Shall Sh ll constitute a normal working tit t l ki day inclusive of one or more specified intervals intervals. 13 . Sec... To provide for payment for work on ad day of rest at a rate not less than f t t t tl th the overtime rate. To provide for a day of rest in every period of seven days with remuneration.
18 . Wages slip–Form XI. Muster Roll–Form V Rule 26 Representation of register – for three year Rule 26-A Sec.Maintenance of registers and records Register of Fines – Form I Rule 21(4) Annual Returns – Form III Rule 21 (4-A) Register for Overtime – Form IV Rule 25 Register of Wages–Form X.
Sec.500/Imprisonment upto 6 months or with fine upto Rs.500/- . 20 Punishment Imprisonment upto 6 I i t t months or with fine upto Rs.Offence For F paying less than i l th minimum rates of wages For contravention of any provisions pertaining to fixing hours for normal working day etc etc.
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