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The inspectorate staff of the Labour Department takes action on complaints received
from workmen/Unions.
The penalty for violation of is fine of R.500/- or imprisonment upto a period of six
months or both.
If a worker gets less payment, he can also file a claim before the Competent Authority
appointed under the Act, which are Deputy Labour Commissioners for the respective
districts.
The authority can impose penalty up to 10 times the difference in minimum wages that
was due and paid
To regulate employment of women for certain periods before and after
child birth and to provide for maternity benefit.
Payment of maternity benefit shall apply to women workers to whom
ESI Act does not apply.
The Act applies to all establishments in which ten or more people are
employed.
The maternity benefit shall be at the rate of average daily wage for the
period of actual absence. The maximum period of entitlement shall be
12 weeks of which not less than 6 weeks shall precede the expected
date of delivery.
Maternity benefit shall be payable to employee or any other persons as
per the nomination.
The Amount of benefit upto the period of expected delivery shall be
paid in advance. The balance due for the subsequent period shall be
paid within 48 hours from delivery of child.
The Payment of Bonus Act imposes statutory liability upon the
employers of every establishment covered under the Act to pay bonus
to their employees.
It provides for payment of minimum and maximum bonus and linking
the payment of bonus with the production and productivity.
The Act applies to every factory where 10 or more workers are working
and every other establishment in which 20 or more persons are
employed, on any day during an accounting year
Every employee receiving salary or wages upto RS. 3,500 p.m. and
engaged in any kind of work whether skilled, unskilled, managerial,
supervisory etc. is entitled to bonus for every accounting year if he has
worked for at least 30 working days in that year
Penalty
The punishment provided for contravention of any provisions of the
Act or any rule made there under is imprisonment for a term, which
may extend for 6 months or with fine, which may extend to Rs. 1000/- or
with both.
It is a central legislation which applies to the persons employed in the
factories and to persons employed in industrial or other establishments
This Act does not apply on workers whose wages payable in respect of
a wage period average Rs. 1600/- a month or more.
This Act has been enacted with the intention of ensuring timely
payment of wages to the workers without unauthorized deductions.
The salary in factories/establishments employing less than 1000
workers is required to be paid by 7th of every month and in other cases
by 10th day of every month.
A worker, who either has not been paid wages in time or an
unauthorized deductions have been made from his/her wages, can file a
Claim either directly or through a Trade Union or through an Inspector
under this Act.
The present day legal climate is one of
uncertainty and confusion. In most cases, a
law comes to light only after its
contravention, resulting in severe penalties.
Statutory Compliances is a must in keeping
you away from the long arm of the law!