A BRIEF CHECK LIST OF LABOUR LAWS

APPRENTICES ACT, 1961

CHECKLIST
Object of the Act Promotion of new manpower at skills. Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation Industr Industry means any industry, or business or in which any trade, occupation or subject/field in engineering or technology or any vocational course may be specified as a designated trade Sec! "#$% Contr&ct of A''rent(cesh(' To contain such terms and conditions as may be agreed to by the apprentice, or his guardian (in case he is a minor and employers. Ter)(n&t(on of A''rent(cesh(' !n the e"piry of the period of #pprenticeship training. !n the application by either of the parties to the contract to the #pprenticeship #dvisor Sec! 6 P& )ent to A''rent(ces The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified. Sec! 6 A''*(c&b(*(t of the Act #reas and industries as notified by the -entral /overnment Sec! 1 A''rent(cesh(' Ad/(sor -entral #pprenticeship #dvisor 0 when appointed by -entral /overnment.

1u&*(f(c&t(on for be(n+ tr&(ned &s &n A''rent(ce # person cannot be an apprentice in any designated trade unless 1e is not more than +& years of age2 1e satisfies such standard of education #nd physical fitness as %ay be prescribed. Sec! 2 Cond(t(ons for No/&t(on of Contr&ct of A''rent(cesh(' There e"ists an apprenticeship contract. The employer is unable to fulfil his obligation. The approval of the #pprenticeship #dvisor is obtained. #greement must be registered with the #pprenticeship Per(od of A''rent(cesh( ' Training to be 3etermined by the Ob*(+&t(ons of e)'*o ers To Provide the apprentice with the training in his trade. To ensure that a person duly 4ualified is placed in charge of the training of the apprentice. To carry out

Nu)ber of A''rent(ces (n 3es(+n&ted Tr&de To be determined by The -entral /overnment after consulting the -entral #pprenticeship -ouncil Sec!4

Ob*(+&t(ons of A''rent(ce To learn his trade conscientiously, diligently. To attend practical and instructional classes regularly. To carry out all lawful orders. To carry out his contractual obligations. He&*th s&fet , -e*f&re )e&sures for A''rent(ces #s per $actories #ct or %ines #ct as the case may be when undergoing training. Hours of .or$ &' to &( in a week while on theoretical training. &' in a week while on basic training. &' to &) in a week in second year of training. #s per other workers (in the third year . *ot allowed to work between +, P% to & #% unless approved by #pprenticeship #dvisor. Le&/e &nd Ho*(d& s -asual leave for the ma"imum period of +' days in a year. %edical leave for the ma"imum period of +) days and the accumulated leave upto &, days in a year. ."traordinary leave upto a ma"imum period of +, days in a year. Sec! 10

E)'*o er5s *(&b(*(t to '& co)'ens&t(on for (njur #s per provisions of 5orkmen6s -ompensation #ct. Offences , Pun(sh)ent Imprisonment of a term upto 7 months or with fine when employer (I engages as an apprentice a person who is not 4ualified for being so engaged or (ii fails to carry out the terms and conditions of a contract of apprenticeship, or (iii contravenes the provisions of the #ct relating to the number of apprentices which he is re4uired to engage under those provisions

-!*T9#-T :#;!<9(9./<:#9#TI!* = #;!:ITI!* #-T,+>?, = T1. 9<:.@

CHECKLIST
Object of the Act To regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected .very establishment in which ', or more workmen are employed or were employed on any day of the preceding +' months as contract labour. .very contractor who employs or who employed on any day of the preceding twelve months ', or more workmen. Re/oc&t(on of Re+(str&t(on 5hen obtained by %isrepresentation or suppression !f material facts etc. after opportunity to the principal employer

A''*(c&b(*(t

Principal employer employing ', or more workers through the contractor or the contractor(s on deposit of re4uired fee in $orm +

Re+(str&t(on of Est&b*(sh)ent

Proh(b(t(on of E)'*o )ent of Contr&ct L&bour !nly by the appropriate /overnment through issue of notification after consultation with the ;oard (and not -ourts can order the prohibition of employment of contract labour. Re/oc&t(on or Sus'ens(on , A)end)ent of L(cences 5hen obtained by misrepresentation or suppression of material facts. $ailure of the contractor to comply with the conditions or contravention of #ct or the 9ules. Sec! L&.s, A+ree)ent or st&nd(n+ orders (ncons(stent .(th the Act:Not Per)(ss(b*e <nless the privileges in the contract between the parties or more favourable than the prescribed in the #ct, such contract will be invalid and the workers will continue to get more favourable benefits. Re+(sters of Contr&ctors Pr(nc('&* e)'*o er To maintain a register of contractor in respect of every establishment in $orm AII. Contr&ctor Ru*e 67 To maintain register of workers for each registered establishment in $orm AIII. To issue an employment card to each worker in $orm AI8. To issue service certificate to every workman on his termination in $orm A8. Ru*es 60, 66 &nd 66 PENALTIES Sec! @ec. '' Offence !bstructions

L(cens(n+ of Contr&ctor .ngaging ', or more than ', workers and on deposit of re4uired fee in $orm I8. 8alid for specified period.Sec!1", Ru*e "1

-e*f&re )e&sures to be t&$en b the Contr&ctor -ontract labour either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained. $irst #id facilities. *umber of restBrooms as re4uired under the #ct. 3rinking water, latrines and washing facilities. Sec! 16 , 16 L(&b(*(t of Pr(nc('&* E)'*o er To ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities. Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable. Sec! "9

8uster Ro**, -&+es Re+(ster, 3educt(on Re+(ster &nd O/ert()e Re+(ster b Contr&ctor .very contractor shall %aintain %uster 9oll and a 9egister of 5ages in $orm A8I and $orm A8II respectively when combined. 9egister or wageBcumB%uster 9oll in $orm A8II where the wage period is a fortnight or less. %aintain a 9egister of 3eductions for damage or loss, 9egister or $ines and 9egister of #vances in $orm AA, from AAI and $orm AAII respectively. %aintain a 9egister of !vertime in $orm AAIII. To issue wage slips in $orm AIA, to the workmen at least a day prior to the disbursement of wages. !btain the signature or thumb impression of the worker concerned against the entries relating to him on the 9egister of wages or %uster 9ollB-umB5ages 9egister. 5hen covered by Payment of 5ages #ct, register and records to be maintained under the rules %uster 9oll, 9egister of wages, 9egister of 3eductions, 9egister of !vertime, 9egister of $ines, 9egister of #dvances, 5age slip. Ru*e 69 To display an abstract of the act and 9ules in .nglish and 1indi and in the language spoken by the %ajority of workers in such forms as may be approved by appropriate authority Ru*e 49 To display notices showing rates of wages, hours of work, wage period, dates of

@ec.'C 8iolation imprisonment of C

Pun(sh)ent $or obstructing the inspector or failing to produce registers etc. B C months6 imprisonment or fine upto 9s.),,, or both. $or violation of the provisions of #ct or the 9ules, %onths or fine upto 9s.+,,,. !n continuing contravention, additional fine upto 9s.+,, per day

CHECKLIST

.%P:!D..@6 P9!8I3.*T $<*3@ = %I@-. P9!8I@I!*@ #-T, +>)' = T1. @-1.%.@

E*(+(b(*(t #ny person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment. P& )ent of Contr(but(on The employer shall pay the contribution payable to the .P$, 3:I and .mployees6 Pension $und in respect of the member of the .mployees6 Pension $und employed by him directly by or through a contractor. It shall be the responsibility of the principal employer to pay the contributions payable to the .P$, 3:I and .mployees6 Pension $und 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 C*&r(f(c&t(on &bout Contr(but(on #fter revision in wage ceiling from 9s.),,, to Rs!6099 w.e.f. +.7.',,+ per month, the government will continue to contribute 1!16; upto the actual wage of ma"imum 9s.7),, per month towards .mployees6 Pension @cheme. The employer6s share in the Pension @cheme will be 9s.)&+ w.e.f. +.7.',,+. <nder .mployees6 3epositB:inked Insurance @cheme the contribution E 9!09; is re4uired to be paid upto a ma"imum limit of 9s.7),,. The employer also will pay administrative charges E 9!91; on ma"imum limit of 9s.7),, whereas an e"empted establishment will pay inspection charges E 9!990; on the total wages paid. Notes< The above clarification is given by taking wages upto a ma"imum of 9s.7),, towards wage (basicF3# . @ince an e"cluded employee i.e. drawing wages more than 9s.7),, can also become member of the $und and the @chemes on joint re4uest and if, for instance, such an employee is getting 9s.+,,,,, per month, his share towards provident fund contribution will be 9s.+',, e.g. +'G and employer6s share

A''*(c&b(*(t
.very establishment which is factory engaged in any industry specified in @chedule + and in which ', or more persons are employed. #ny other establishment employing ', or more persons which -entral /overnment may, by notification, specify in this behalf. #ny establishment employing even less than ', persons can be covered voluntarily u/s +(& of the #ct.

.mployees covered enjoy a benefit of @ocial @ecurity in the form of an unattachable and unwithdrawable (e"cept in severely restricted circumstances like buying house, marriage/education, etc. financial nest egg to which employees and employers contribute e4ually throughout the covered persons6 employment. This sum is payable normally on retirement or death. !ther ;enefits include .mployees6 Pension @cheme and .mployees6 3eposit :inked Insurance @cheme.

=enef(ts

R&tes of Contr(but(on
SCHE8E E8PLO>EE5S E8PLO>ER5S #mount H (.CCG (in case where contribution is +'G of +,G +,G (in case of certain .stablishments as per details given earlier ,.) (.CCG (3iverted out of Provident $und CENTRAL ?O@T5S

Provident $und @cheme

+'G

NIL

Insurance @cheme Pension @cheme 3&)&+es :ess than ' months annum

*I: *I:

NIL +.+7G

I.E +?G per

Two months and above but less than upto four months E''G per annum

I.

Pen&* Pro/(s(on
:iable to be arrested without warrant being a cognisable offence. 3efaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto C years and fines upto 9s.+,,,,, (@.+& . $or any retrospective application, all dues have to be paid by employer with damages upto +,,G of arrears.

.%P:!D..@6 @T#T. I*@<9#*-.

#-T, +>&( = the @-1.%.

CHECK LIST

A''*(c&b(*(t of the Act , Sche)e Is e"tended in areaBwise to factories using power and employing +, or more persons and to nonBpower using manufacturing units and establishBments employing ', or more person upto 9s.?),,/B per month w.e.f. +.&.',,&. It has also been e"tendB

Co/er&+e
of employees 3rawing wages

R&te of Contr(but(on of the .&+es .mployers6

u'to Rs!19999A: per

month engaged either directly or thru6 contractor

7!60; 1!60;

.mployees6

*o. of implemented -entres 7?? *o. of .mployers covered '.C( lacs *o. of Insured Persons () lacs *o. of ;eneficiaries CC, lacs *o. of 9egional !ffices/@9!6s '7

THE ESI SCHE8E TO3A>

8&nner &nd T()e L()(t for )&$(n+ P& )ent of contr(but(on The total amount of contribution (employee6s share and employer6s share is to be deposited with the authorised bank through a challan in the prescribed form in 4uadruplicate on ore before '+st of month following the calendar month in which the wages fall due.

=enef(ts
To the employees under the #ct %edical, sickness, e"tended sickness for certain diseases, enhanced sickness, dependents maternity, besides funeral e"penses, rehabilitation allowance, medical benefit to insured person and his or her

-A?ES BOR ESI CONTRI=CTIONS

9egisters/files to be maintained by the employers To be dee)ed &s .&+es ;asic pay 3earness allowance 1ouse allowance rent NOT to be dee)ed &s .&+es -ontribution paid by kthe employer to any pension/provident fund or under .@I #ct. @um paid to defray special e"penses entailed by the nature of employment 0 3aily allowance paid for the period spent on tour. /ratuity payable on discharge. Pay in lieu of notice of retrenchment compensation ;enefits paid under the .@I @cheme. .ncashment of leave Payment of Inam which does not form part of the terms of employment. 5ashing for livery allowance

Contr(but(o n 'er(od
+st #pril to C,th @eptember. +st !ctober C+st %arch to

Contr(but(on 'er(od
If the person joined insurance employment for the first time, say on )th January, his first contribution period will be from )th January to C+st %arch and his corresponding first benefit will be from )th !ctober to C+st 3ecember.

-ity compensatory allowance !vertime wages (but not to be taken into account for determining the coverage of an employee Payment for day of rest Production incentive ;onus other than statutory bonus *ight shift allowance 1eat, /as allowance = 3ust for

Pen&*t(es
3ifferent punishment have been prescribed for different types of offences in terms of @ection ()K (I (si" months imprisonment and fine 9s.),,, , (ii (one year imprisonment and fine , and ()B#K (five years imprisonment and not less to ' years and ()B-(' of the .@I #ct, which are self e"planatory. ;esides these provisions, action also can be taken under section &,7 of the IP- in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust.

Payment unsubstituted holidays @uspension

%eal/food allowance

CHECK LIST

BACTORIES ACT, 1974

E)'*o er to ensure he&*th of .or$ers 'ert&(n(n+ to -leanliness 3isposal of wastes and effluents 8entilation and temperature dust and fume !vercrowding #rtificial humidification :ighting 3rinking water @pittons. Secs! 11 to "9 @elfBacting machines. -asing of new machinery. Prohibition of employment of women and children near cottonBopeners. 1oists and lifts. Re+(str&t(on , Rene.&* of B&ctor(es To be granted by -hief Inspector of $actories on submission of prescribed form, fee and plan. Secs! 6

A''*(c&b(*(t of the Act #ny premises whereon +, or more persons with the aid of power or ', or more workers are/were without aid of power working on any dayd preceding +' months, wherein %anufacturBing process is being carried on.

S&fet 8e&sures $acing of machinery 5ork on near machinery in motion. .mployment prohibition of young persons on dangerous machines. @triking gear and devices for cutting off power.

-e*f&re 8e&sures
5ashing facilities $acilities for storing and drying clothing $acilities for sitting $irstBaid appliances 0 one first aid bo" not less than one for every +), workers. -anteens when there are '), or more workers. @helters, rest rooms and lunch rooms when there are +), or more workers. -reches when there are C, or more women workers. 5elfare office when there are ),, or more workers.

-or$(n+ Hours, S're&d O/er , O/ert()e of Adu*ts 5eekly hours not more than &(. 3aily hours, not more than > hours. Intervals for rest at least L hour on working for ) hours. @preadover not more than +,L hours. !verlapping shifts prohibited. ."tra wages for overtime double than normal rate of wages. 9estrictions on employment of women before 7#% and beyond ? P%. Secs! 01, 07 to 06, 09 , 69 E)'*o )ent of >oun+ Persons Prohibition of employment of young children e.g. +& years. *onBadult workers to carry tokens e.g. certificate of fitnekss. 5orking hours for children not more than & L hrs. and not permitted to work during night shift. Secs! 01, 07 to 06, 09 , 69

Annu&* Le&/e .(th -&+es # worker having worked for '&, days E one day for every ', days and for a child one day for working of +) days. #ccumulation of leave for C, days. Secs! 69

OBBENCE $or contravention of the Provisions of the #ct or 9ules !n -ontinuation of contravention !n contravention of -hapter I8 pertaining to safety or dangerous operations. @ubse4uent contravention of some provisions !bstructing Inspectors 5rongful disclosing result pertaining to results of analysis. $or contravention of the provisions of @ec.&+;, &+- and &+1 pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

PENALTIES Sec!9" to Imprisonment upto ' years or fine upto 9s.+,,,,,,, or both 9s.+,,, per day *ot less than 9s.'),,, in case of death. *ot less than 9s.),,, in case of serious injuries. Imprisonment upto C years or fine not less than 9s.+,,,,, which may e"tend to 9s.',,,,,,,. Imprisonment upto 7 months or fine upto 9s.+,,,,, or both. Imprisonment upto 7 months or fine upto 9s.+,,,,, or both. Imprisonment upto ? years with fine upto 9s.',,,,,,, and on continuation fine E 9s.),,,, per day. Imprisonment of +, years when contravention continues for one year.

E8PLO>8ENT EDCHAN?ES

(-!%P<:@!9D *!TI$I-#TI!* !$ 8#-#*-I.@ #-T, +>)> = T1. 9<:.@

CHECK LIST
A''*(c&b(*(t of the Act ;y notification in the !fficial /aMette, appoint in this behalf for such @tate and different dates may be appointed for different states or for different areas of a @tate. -hen Act (s not &''*(c&b*e An e)'*o )ent (n &+r(cu*ture, hort(cu*ture etc! #ny employment in domestic service. #ny employment, the total duration of which is less than three months. #ny employment to do unskilled office work. #ny employment connected with the staff of Parliament.

Object of the Act To provide for the compulsory notification of vacancies to employment e"changes.

Burn(sh(n+ (nfor)&t(on &nd returns Not(f(c&t(on of /&c&nc(es to E)'*o )ent EEch&n+es ;efore filling up any vacancy as prescribed. .mployer not obliged to recruit the person through employment e"change. To notify the vacancies to such employment e"changes as may be prescribed. Secs! 7 The employer in every establishment in public sector in that @tate or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment e"changes as may be prescribed.

T()e *()(t for not(f(c&t(on of /&c&nc(es , se*ect(on #tleast +) days before the applicants will be interviewed or tested. .mployer to furnish the result of selection within +) days. Ru*es

Sub)(ss(on of Returns 1u&rter* in $orm .9BI =IENNIAL 9eturn $orm .9BII 5ithin C, days by C,th Fune, C+st 8&rch, C,th Se'te)ber = C+st 3ece)ber! Ru*e 6

PENALTIES
#n employer contravening the provisions of @ec.&(+ or (' . $ine upto 9s.),, for first offence and for every subse4uent offence fine 9s.+,,,. If any person 0 9e4uired to furnish any information or return 0 9efuses or neglects to furnish such information or return, or $urnishes or causes to be furnished any information or return which he knows to be false, or 9efuses to answer, or gives a false answer to any 4uestion necessary for obtaining any information re4uired to be furnished under section )2 or Impedes the right of access to relevant records or documents or the right of entry conferred by section 72 he shall be punishable for the first offence with fine upto 9s.'), and for every subse4uent offence with fine upto 9s.'), and for every subse4uent offence with fine upto 9s.),,. Ru*es 6

IN3CSTRIAL 3ISPCTES ACT, 1976

Object of the Act

Provisions for investigation and settlement of industrial disputes and for certain other purposes.

I)'ort&nt C*&r(f(c&t(ons Industr 0 has attained wider meaning than defined e"cept for domestic employment, covers from barber shops to big steel companies. Sec!"#I -or$s Co))(ttee0Joint -ommittee with e4ual number of employers and employees6 representatives for discussion of certain common problems. Sec!2 Conc(*(&t(on0is an attempt by a third party in helping to settle the disputes Sec!7 Adjud(c&t(on 0 :abour -ourt, Industrial Tribunal or *ational Tribunal to hear and decide the dispute. Secs!6,6A , 6= L& off , P& )ent of Co)'ens&t(on G Cond(t(ons for L& (n+ off $ailure, refusal or inability of an employer to provide work due to @hortage of coal, power or raw material. #ccumulation of stocks. ;reakdown of machinery.

Po.er of L&bour Court to +(/e A''ro'r(&te Re*(ef :abour -ourt/Industrial Tribunal can %odify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement. Sec!11A

R(+ht of & -or$)&n dur(n+ Pendenc of Proceed(n+s (n H(+h Court

.mployer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher -ourts. Per(od of O'er&t(on of Sett*e)ents &nd A.&rds # settlement for a period as agreed by the parties, or Period of si" months on signing of settlement. #n award for one year

Persons =ound b Sett*e)ent

5hen in the course of conciliation proceedings etc., all persons working or joining subse4uently. !therwise than in course of settlement upon the parties to

Not(ce of Ch&n+e
'+ days by an employer to workmen about changing the conditions of service as provided in Ivth @chedule. Sec!9A

Pr(or Per)(ss(on for L& off

5hen there are more than +,, workmen during proceeding +' months. Sec!')B%

*atural calamity. Sec!"0:C

L& off Co)'ens&t(on Payment of wages e"cept for intervening weekly holiday compensation ),G of total or basic wages and 3# for a period of lay off upto ma"imum &) days in a year. Sec!"0:C
Pr(or Per)(ss(on b the ?o/ern)ent for Retrench)ent 5hen there are more than +,, (in <P C,, or more workmen during preceding +' months. Three months6 notice or wages thereto. $orm O#

Proh(b(t(on of Str($es , Loc$ Outs

5ithout giving to the employer notice of strike, as hereinafter provided, within si" weeks before striking. 5ithin fourteen days of giving such notice. ;efore the e"piry of the date of strike specified in any such notice as aforesaid. 3uring the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. 3uring the pendency of conciliation proceedings before a ;oard and seven days after the conclusion of such proceedings. 3uring the pendency of proceedings before a :abour -ourt, Tribunal or *ational Tribunal and two months, after the conclusion of such proceedings. 3uring the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under @ubB@ection(C# of section +,# 3uring any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. Secs!"","2

Cond(t(ons of ser/(ce etc! to re)&(n unch&n+ed under cert&(n c(rcu)st&nces dur(n+ 'endenc of 'roceed(n+s

-ompensation E +) days6 wages. Sec! "0:N

Proh(b(t(on of unf&(r *&bour 'r&ct(ce e(ther b e)'*o er or .or$)&n or & tr&de un(on &s st('u*&ted (n f(fth schedu*e ;oth the employer and the <nion can be punished. Sec!"0:T

*ot to alter to the prejudice of workmen concerned the condition of service. To seek ."press permission of the concerned authority by paying one month6s wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one month6s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec!22
Retrench)ent of -or$)en Co)'ens&t(on , Cond(t(ons 5orkman must have worked for '&, days. 9etrenchment compensation E +) days6 wages for every completed year to be calculated at last drawn wages !ne month6s notice or wages in lieu thereof. 9easons for retrenchment -omplying with principle of Nlast come first go6.

Cond(t(ons of ser/(ce etc! to re)&(n cert&(n c(rcu)st&nces dur(n+ 'endenc of -lassification of workmen, e.g.,unch&n+ed whetherunder permanent, temporary, apprentices, 'roceed(n+s probationers, or badlis. *ot to alter to the prejudice of workmen concerned the condition of service. %anner of intimating to workmen periods and hours of work, holidays, payB To seek ."press permission of the concerned authority by paying one month6s wages on dismissal, discharge days wage rates. orand punish a protected workman connected with the dispute. @hift working. To seek approval of the authority by paying one month6s wages before altering condition of service, #ttendance and late coming. A''*(c&b(*(t of -onditions of, procedure in applying for, and the authority which may grant, the Act HPun(sh)ent PENALTIES leave and holidays. @ec.')B<.very industrial Imprisonment of uptogates, 7 months or with fine upto 9s.C,,,,. Offence 9e4uirement to enter premises by certain and liability to search. establishment '7 Imprisonment upto one month or with fine upto 9s.),(9s.+,,, for lockB -ommitting unfair labour practices of sections of the industrial establishments, and -losing and reBopening '? out or with both. wherein +,, or Illegal strike and lockBourts temporary stoppages of work and the right and liabilities ofupto the 9s.+,,,, employer and '( Imprisonment upto 7 months or with fine more (in many Instigation etc. for illegal strike or lockBouts. workmen arising therefrom. '> Imprisonment for 7 months or with fine upto 9s.+,,,, @tates/iving it is ), or financial aid to illegal strikes and lockBouts. Termination of employment, and the upto notice thereof to be given by employer C, Imprisonment 7 months or with fine.!n continuity of offence fine ;reach of settlement or award more . C+# upto9s.',, E8PLO>8ENT per day and IN3CSTRIAL workmen. 3isclosing confidential information pertaining to @ec.'+ #ny industry Imprisonment uptoand 7 months with fine upto 9s.+,,,, @uspension or dismissal for misconduct, acts or or omissions which -losure#STAN3IN? without 7, days6 notice under @ec.') $$# covered by OR3ERS% ACT, 1976 , THE Imprisonment upto 7 months or with RCLES fine upto 9s.),,,, -ontravention of @ec.CC pertaining constitute to change of misconduct. conditions of ;ombay Industrial C+ Imprisonment uptounfair 7 months or fine upto 9s.+,,,,. @ervice during pendency of dispute etc. %eans of redressal for workmen against treatment or wrongful$ine upto 9s.+,, 9elations #ct, 5hen no penally is provided for contravention e"actions by the employer or his agents or servants. CHECK:LIST +>&7. Add(t(on&* 8&tters Industrial @ervice 9ecord 0 %atters relating to service card, token tickets, certification establishment of service, change of residential address of workers and record of age covered by %.P. -onfirmation #ge of retirement Transfer %edical aid in case of #ccident Industrial %edical ."amination @ecrecy ."clusive service. .mployment Secs!"#+%, 2#"% &nd Ru*e "A (@tanding !rders #ct, +>7+.

C*osure of &n Cndert&$(n+ 7, days6 notice to the labour authorities for intended closure in $orm O#. Sec!"0BBA Prior permission atleast >, days before in $orm ! by the /overnment when there are +,, ore more workmen during preceding +' months (in <P C,, or more workmen Sec!"0:O

8&tters to be 'ro/(ded (n St&nd(n+ orders

Cond(t(ons for Cert(f(c&t(on of St&nd(n+ Orders .very matter to be set out as per @chedule and 9ule '#. The standing orders to be in conformity with the provisions of the #ct. Sub)(ss(ons of 3r&ft St&nd(n+ Orders 5ithin si" months from the date when the #ct becomes applicable to an industrial establishment. $ive copies of the draft @tanding !rders are to be submitted to the -ertifying !fficer under the #ct.

Procedure for Cert(f(c&t(on of St&nd(n+ Orders -ertifying !fficer to forward a copy of draft standing orders to the trade union or in the absence of union, to the workmen of the industry. The trade union or the other representatives, as the case may be, are to be heard. Sec!0 Te)'or&r &''*(c&t(on of 8ode* St&nd(n+ Orders Temporary application of mod standing orders shall be deemed to be adopted till the standing orders as submitted are certified. Sec!1":A

3&te of O'er&t(on of St&nd(n+ Orders !n the date of e"piry of C, days from certification or on the e"piry of ? days from authentication of @tanding !rders. Sec! 6

Post(n+ of St&nd(n+ Orders The te"t of the standing orders as finally certified shall prominently be posted in .nglish or in the language understood by majority of workmen on special board at or near the entrance for majority of workers. Sec! 9

P& )ent of Subs(stence A**o.&nce to the Sus'ended -or$ers #t the rate of fifty per cent, of the wages which the workman was entitled to immediately proceeding the date of such suspension, for the first ninety days of suspension. #t the rate of seventyBfive 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

PENALTIES $ailure of employer to submit draft @tanding !rders fine of 9s.),,, and 9s.',, for every day on continuation of offence. $ine of 9s.+,, on contravention and on continuation of offence 9s.') for every day.

CHECK LIST Object of the Act

To protect the dignity of motherhood and the dignity of a new person6s birth by providing for the full and healthy maintenance of the woman and her child at this important time

8ATERNIT> =ENEBIT ACT, 1961

Co/er&+e of the Act <pon all women employees either employed directly or through contractor e"cept domestic women employees employed in mines, factories, plantations and also in other establishments if the @tate /overnment so decides. Therefore, if the @tate /overnment decides to apply this #ct to women employees in shops and commercial establishments, they also will get the benefit of this #ct. ;ihar, Punjab 1aryana, 5est ;engal, <.P., !rissa and

Cond(t(ons for e*(+(b(*(t of benef(ts 5omen indulging temporary of unmarried are eligible for maternity benefit when she is e"pecting a child and has worked for her employer for at least (, days in the +' months immediately proceeding the date of her e"pected delivery Sec! 0!

C&sh =enef(ts :eave with average pay for si" weeks before the delivery. :eave with average pay for si" weeks after the delivery. # medical bonus of 9s.') if the employer does not provide free medical care to the woman. #n additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage, or premature birth. In case of miscarriage, si" weeks leave with average pay from the date of miscarriage. Non C&sh =enef(tsAPr(/(*e+e :ight work for ten weeks (si" weeks plus one month before the date of her e"pected delivery, if she asks for it. Two nursing breaks in the course of her daily work until the child is +) months old. *o discharge or dismissal while she is on maternity leave. *o change to her disadvantage in any of the conditions of her employment while on maternity leave. Pregnant women discharged or dismissed may still claim maternity benefit from the employer. EEce't(on K 5omen dismissed for gross misconduct lose their right under the #ct for Le&/e for 8(sc&rr(&+e , Tubecto) O'er&t(on :eave with wages at the rate of maternity benefit, for a period of si" weeks immediately following the day of her miscarriage or her medical termination of pregnancy. .ntitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. Le&/e for (**ness &r(s(n+ out of 're+n&nc etc! etc! # woman suffering from illness arising our of pregnancy, delivery, premature birth of child (%iscarriage, medical termination of pregnancy or tubectomy operation be entitled, in addition to the period of absence allowed to her leave with wages at the rate of maternity benefit for a ma"imum period of one month. Sec! 19

Cond(t(ons for e*(+(b(*(t of benef(ts Ten weeks before the date of her e"pected delivery, she may ask the employer to give her light work for a month. #t that time she should produce a certificate that she is pregnant. @he should give written notice to the employer about seven weeks before the date of her delivery that she will be absent for si" weeks before and after her delivery. @he should also name the person to whom payment will be made in case she can not take it herself. @he should take the payment for the first si" weeks before she goes on leave. @he will get payment for the si" weeks after childBbirth within &( hours of giving proof that she has had a child. @he 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. 1er employer cannot discharge her or change her conditions of service while she is on maternity leave. Sec! 0!

Proh(b(t(on of d(s)(ss&* dur(n+ &bsence of 're+n&nc

3ischarge 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 e"pire during such absence or to very her disadvantage. 3ischarge 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 e"pire during such absence, or to vary to her disadvantage any of the conditions of her service. #t 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. *ot barred in case of dismissal for cross misconduct. Sec!

B&(*ure to 3(s'*& EEtr&ct of Act Imprisonment may e"tend to one year or fine.

Borfe(ture of )&tern(t benef(t If permitted by her employer to absent herself under the provisions of section 7 for any period during such authoriMed absence, she shall forfeit her claim to the maternity benefit for such period. $or 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 C months, but it will e"tend to one year and will find, but not e"ceeding 9s.),,,,. Sec! 14

8INI8C8 -A?ES ACT, 1974

CHECK LIST
Object of the Act To provide for fi"ing minimum rates of wages in certain employments B(E&t(on of 8(n()u) R&tes of -&+es The appropriate government to fi" minimum rates of wages. The employees employed in para + or ; of @chedule either at ' or either part of notification u/s '?. To make review at such intervals not e"ceeding five years the minimum rates or so fi"ed and revised the minimum rates. ?o/ern)ent c&n &*so f(E 8(n()u) -&+es for Time work Piece work at piece rate Piece work for the purpose of securing to such employees on a time work basis !vertime work done

8(n()u) R&tes of -&+es @uch as ;asic rates of wages etc. 8ariable 3# and 8alue of other concessions etc. Sec! 7 B(E(n+ Hours for Nor)&* -or$(n+

@hall constitute a O/ert()e normal working day To be fi"ed by the hour, by inclusive of one or the day or by such a longer more specified wageBperiod works on any intervals. day in e"cess of the number To provide for a day of hours constituting normal of rest in every working day. period of seven Payment for every hour or for days with part of an hour so worked in remuneration. e"cess at the overtime rate To provide for double of the ordinary rate of payment for work (+L times or for agriculture on a day of rest at labour Sec! a rate not less than 0 the overtime rate.. -&+es for t.o c*&ss of .or$ 8&(nten&nce of re+(sters &nd records 5here an employee does two or more 9egister of B(nes 0 $orm I 9ule '+(& classes of work to each of which a #nnual Returns 0 $orm III 9ule '+ (&B# different minimum rate of wages is 9egister for O/ert()e 0 $orm I8 9ule ') applicable, wages at not less than the 9egister of -&+es0$orm A, -&+es s*('0$orm AI, 8uster Ro**0$orm minimum rate in respect of each such 8 9ule '7 class. Sec! 16 8(n()u) t()e r&te .&+es for '(ece .or$ *ot less than minimum rates wages as fi"ed . C*&()s b e)'*o ees

Procedure for f(E(n+ &nd re/(s(n+ 8(n()u) R&tes of -&+es #ppointing -ommittee issue of *otification etc. Sec! 0

Co)'os(t(on of P& )ent of Co))(ttee 8(n()u) R&tes of 9epresentation of -&+es .mployer to pay to employer and every employee employee in schedule engated in schedule employer in e4ual employment at a rate number and not less than minimum independent persons rates of wages as fi"ed rd not e"ceeding +/C or by *otification by not its total number one making deduction such person to be other than prescribed. Sec!1" appointed by the -hairman. -&+es of .or$ers .ho .or$s for *ess th&n nor)&* .or$(n+ d& s @ave as otherwise hereinafter provided, 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!10

To be filed by before authority constituted under the #ct within 6 months. -ompensation upto 10 times on under or nonBpayment of wages

PENALITIES

Offence
$or paying less than minimum rates of wages

Pun(sh)ent
Imprisonment upto 7 months or with fine upto 9s.),,/B Imprisonment upto 7 months or with fine upto 9s.),,/B

Sec! "9

$or contravention of any provisions pertaining to fi"ing hours for normal working day etc.

@#:.@ P9!%!TI!* .%P:!D..@ (-!*3ITI!*@ !$ @.98I-. #-T, +>?7 = T1. 9<:.@

CHECKLIST
Object of the Act
To regulate certain conditions of service of sales promotion employees in certain establishments.

A''*(c&b(*(t of the Act 5hole of India with effect from 7.C.+>?7

A''*(c&b(*(t of other Acts 5orkmen6s -ompensation #ct, +>'C Industrial 3isputes #ct, +>&? %inimum 5ages #ct, +>&( %aternity ;enefit #ct, 8&(nten&nce of re+(ster # register of sales promotion employees in $orm ;. @ervice ;ooks for every employee in $orm # register of service books in $orm 3 :eave account of each employee in $orm .. Sec! 6 Ru*e "2 -&+es for .ee$* d& of rest .ntitled to wages on weekly days of rest as if he was on duty. Ru*e 6 Aff(E(n+ of ho*(d& s to *e&/e Premi"ing or suffi"ing of any leave not permissible 1u&r&nt(ne *e&/e <pto C, days on the recommendations of authorised medical attendant or Public 1ealth !fficer.

Le&/e .arned leave and cash compensation on earned leave not availed of. !n full wages for not less than +/++th of the period spent on duty. :eave on medical -ertificate !n oneBhalf of the waves for not less than +/+(th of the period of service. -ashable on voluntary relin4uishment or termination

8&E()u) *()(t u'to .h(ch e&rned *e&/e -an be accumulated +(, days of which the employee can avail himself >, days at a time. .ncashment of leave +', days. Sec!17 Issue of A''o(nt)ent Letter (n Bor) A 5ithin three months from the commencement of the #ct and in other case on appointment. Sec!0 Ru*e "" -&+es for ho*(d& s To be entitled for wages on all holidays as if he was on duty. Ru*e 6 Record(n+ of re&son for refus&* or 'ost'one)ent of *e&/e! Ru*e 19 8ed(c&* *e&/e !n production of medical certificate. Ru*e 10

19 (n c&*end&r

Nu)ber of ho*(d& s (n & e&r e&r Ru*e 7

Co)'ens&tor ho*(d& s 5ithin C, days of the day when he was re4uired to work. Ru*e 0 A''*(c&t(on for *e&/e 5hen other than casual leave, not less than one month before commencement of leave e"cept for urgent or unforeseen circumstances. Ru*e 9 Ho*(d& s (nter/en(n+ dur(n+ the 'er(od of *e&/e ."cept casual leave grantged or day of weekly rest, other holidays shall be part of leave. Ru*e 1" EEtr&ord(n&r *e&/e

C&su&* *e&/e +) days in a calendar year. Ru*e 10

#t the discretion of the employer Ru*e 16

PENALT> !n contravention of provisions relating to N:eave6 Issue of #ppointment :etter or %aintenance of 9egisters fine upto 9s.+,,, Sec! 9

CHECKLIST

T9#3. <*I!*@ #-T, +>'7

Object of the Act Re+(str&t(on of tr&de Cn(on of tr&de Cn(on To provide for the registration of Trade <nion and inRe+(str&t(on certain respects to define the law relating to registered Trade <nions #ny 6 or more members of a trade union may, by Prescribed form with following details. subscribing their names to the rules of the trade union *ames, occupations and address of the and its compliance. members6 place of work. There should be at least 19;, or 199 of the workBmen, #ddress of its head office2 and whichever is less, engaged or employed in the establishment or industry with which it is connected. *ames, ages, addresses and occupations of its office bearers. It has on the date of making application not less than 6 Sec! 0 persons as its members, who are workmen engaged or employed in the establishment or industry with which it

8(n()u) reIu(re)ents for )e)bersh(' of tr&de un(on *ot less than 19;, or 199 of the workmen, whichever is less, subject to a minimum of 6, engaged or employed in an establishments etc. Sec! 9A

C&nce**&t(on of re+(str&t(on
If the certificate has been obtained by fraud or mistake or it has ceased to e"ist or has wilfully contravened any provision of this #ct. If it ceases to have the re4uisite number of members.

Cr()(n&* cons'(r&c (n tr&de d(s'utes

*o office bearer or member of a registered trade union shall be liable to punishment under sub section (' of conspiracy u/s +',; of IP- in respect of any agreement made between the members for the purpose of furthering any such object of the Trade <nion. Sec! 16

3(sIu&*(f(c&t(on of off(ce be&rers of Tr&de Cn(on

If one has not attained the age of 14 years. -onviction for an offence involving moral turpitude. *ot applicable when 0 years have elapsed. Sec! "1:A

Returns
#nnually to the 9egistrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and e"penditure of every registered Trade <nion during the year ending on st the 21 3ece)ber! Sec! "4

Pen&*t(es

Offence $or making false entry in or any omission in general statement re4uired for sending returns. $or making false entry in the form. @upplying false information regarding Trade <nion

Pun(sh)ent $ine upto 9s.),,. !n continuing default, additional fault, 9s.) for each week (not e"ceeding 9s.), . $ine upto 9s.),,.

CAs 21

CAs 2"

$ine upto 9s.',,.

P#D%.*T !$ ;!*<@ #-T, +>7) = T1. 9<:.@

CHECKLIST
A''*(c&b(*(t of Act .very factory where in 19 or more persons are employed with the aid of power or #n establishment in which "9 or more persons are employed without the aid of power on any day during Co)'ut&t(on of &/&(*&b*e sur'*us Co)'onents of an accounting year =onus Income ta" and direct ta"es as payable. @alary or wages 3epreciation as per section C' of includes dearness Income Ta" #ct. allowance but no other 3evelopment rebate, investment or allowances e.g. overB development allowance. time, house rent, Sec!0 incentive or Est&b*(sh)ent .stablishment includes Se'&r&te est&b*(sh)ent 3epartments, undertakings and If profit and loss accounts branches, etc. are prepared and maintained in respect of any such department or undertaking or branch, then such department or undertaking or branch is treated as a separate establishment. Sec!2

3(sIu&*(f(c&t(on , 3educt(on of =onus !n dismissal of an employee for $raud2 or riotous or violent behaviour while on the premises of the establishment2 or theft, misappropriation or sabotage of any property of the establishment or %isconduct of causing financial loss to the .mployer to the e"tent that bonus can be deducted for that year. Secs! 9 , 14! E*(+(b(*(t of =onus #n employee will be entitled only when he has worked for 29 working days in that year. Sec! 4 T()e L()(t for P& )ent of =onus 5ithin ( months from the close of accounting y ear. Sec! +> P& )ent of 8(n()u) =onus 4!22; of the salary or 9s.+,, (on completion of ) years after +st #ccounting year even if there is no profit Sec!19 Sec! 4 Set:off &nd Set:on #s per @chedule I8. Sec! 10 8&(nten&nce of Re+(sters &nd Records etc!

Co)'ut&t(on of +ross 'rof(t $or banking company, as per $irst @chedule. !thers, as per @econd @chedule Sec!7 E*(+(b*e E)'*o ees .mployees drawing wages upto 9s.C),, per month or less. Bor c&*cu*&t(on 'ur'oses Rs!"099 'er )onth )&E()u) .(** be t&$en e/en (f &n e)'*o ee (s dr&.(n+ u'to Rs!2099 'er )onth! Sec!1" *oteK The proposal to enhance the e"isting ceiling of 9s.C),, is under active consideration by the /ovt.

# register showing the computation of the &**oc&b*e sur'*us referred to in clause (& of section ', in form #. # register showing the set:on &nd set:off of the allocable surplus, under section +), in form ; # register showing the details of the &)ount of bonus due to each of the employees, the deductions under section +? and +( and the amount actually disbursed, in form -.

#ct not applicable to certain employees of :I-, /eneral Insurance, 3ock Dards, 9ed -ross, <niversities = .ducational Institutions, -hambers of -ommerce, @ocial 5elfare Institutions, ;uilding -ontractors, etc. etc. Sec!2"! PENALT>
$or contravention of any provision of the #ct or the 9ule <pto 7 months or with fine upto 9s.+,,,. Sec!"4

Sec! 1 A''*(c&b(*(t .very factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing +, or more employees

PA>8ENT OB

?RATCIT>
#-T, +>?' = T1. 9<:.@ CHECKLIST
Sec! "#e%

Sec! "#s%

-&+es for C&*cu*&t(on E +) days6 wages for every completed year as if the month comprises of '7 days at the last drawn wages.

E)'*o ee Sec! 1 C&*cu*&t(on P(ece: r&ted e)'*o ee E +) days wages for every completed year on an average of C months6 wages #ll employees irrespective of status or salary C&*cu*&t(on Se&son&* e)'*o ee E ? days6 wages for every completed year of service. .ntitlement !n completion of five years6 service e"cept in case of death or 1u&*(f (n+ 'er(od !n rendering of ) years6 service, either termination, resignation or retirement. Ru*e 7 3(s'*& of Not(ce !n conspicuous place at the main entrance in .nglish language or the language understood by majority of employees of the factory, etc.

Sec! 7#2% Ru*e 9 8&E()u) Ce(*(n+

Sec!6 Ru*e 6 No)(n&t(on To be obtained by employer after e"piry of one year6s service, in $orm N$6 Sec! 7#6% Sec!4 Ru*e 4 Reco/er of ?r&tu(t To apply within C, days in $orm I when not paid within C, days

Rs!2,09,99 9

8ode of '& )ent -ash or, if so desired, by ;ank 3raft or -he4ue

Ru*e 9 Pen&*t(es Imprisonment for 7 months or fine upto 9s.+,,,,, for avoiding to make payment by making false stateBment or representa Btion. Imprisonment not less than C months and upto one year with fine on default in complyBing with the provisions of #ct or 9ules.

Borfe(ture of ?r&tu(t !n termination of an employee for moral turpitude or riotous or disorderly behaviour. 5holly or partially for wilfully causing loss, destruction of property etc.

Sec! 12 Protect(on of ?r&tu(t -an6t be attached in e"ecution of any decree

P#D%.*T !$ 5#/.@ #-T, +>C7

CHECKLIST
A''*(c&b(*(t of Act $actory industrial .stablishment Tramway service or motor transport service engaged in carrying passengers or good or both by road for hire or reward. #ir transport service 3ock, 5harf or Jetty Inland vessel, mechanically propelled %ine, 4uarry or oilBfield Object of the Act To regulate the payment of wages of certain classes of employed persons T()e of '& )ent of .&+es The wages of every person employed be paid. 5hen less than +,,, persons are employed shall be paid before the e"piry of the ?th day of the following month. 5hen more than +,,, workers, before the e"piry of the +,th day of the following month. Sec! 0 -&+es to be '&(d (n current co(ns or currenc notes #ll wages shall be paid in current coins or currency notes or in both. #fter obtaining the authoriMation, either by che4ue or by crediting the wages in employee6s bank #ccount

Co/er&+e of E)'*o ees 3rawing average wage upto 9s.7),, pm as amended w.e.f. 7.>.,). B(nes &s 'rescr(bed b *ot to imposed unless the employer is given an opportunity to show cause To record in the register Sec!4

3educt(ons for ser/(ce rendered 5hen accommodation amenity or service has been accepted by the employee. Sec!11

3educt(on )&de fro) .&+es 3eductions such as, fine, deduction for amenities and services supplied by the employer, advances paid, over payment of wages, loan, granted for houseBbuilding or other purposes, income ta" payable, in pursuance of the order of the -ourt, P$ contributions, cooperative societies, premium for :ife Insurance, contribution to any fund constituted by employer or a trade union, recovery of losses, .@I contributions etc.etc. 3educt(on for d&)&+e or *oss $or default or negligence of an employee resulting into loss. @how cause notice has to be given to the

3educt(on for &bsence fro) dut(es for un&uthor(sed &bsence #bsence for whole or any part of the day 0 If ten or more persons absent without reasonable cause, deduction of wages upto ( days. Sec! 9

!n contravention of @.) (e"cept subBsec.& , @.?, @.( (e"cept @s.( , @.>, @.+, (e"cept @s.' and @ecs.++ to +C.

$ine not less than 9s.+,,, which may e"tend to 9s.),,,. !n subse4uent conviction fine not less than 9s.),,,, may e"tend to 9s.+,,,,,. !n contravention @.&, @.)(& , @7, @.((( , @.+,(' or @.') fine not less than 9s.+,,,. 0 may e"tend to 9s.),,,. !n subse4uent !n conviction fine not less. $ine which shall not be less than 9s.+,,, but may e"tend to 9s.),,, 0 !n record conviction fine not less than 9s.),,,, may e"tend to 9s.+,,,,,. $or second or subse4uent conviction, fine not less than 9s.),,, but may e"tend to 9s.+,,,,,

$or failing to maintain registers or records2 or 5ilfully refusing or without lawful e"cuse neglecting to furnish information or return2 or 5ilfully furnishing or causing to be furnished any information or return which he knows to be false or 9efusing to answer or wilfully giving a false answer to any 4uestion necessary for obtaining any information re4uired to be furnished under this #ct. 5ilfully obstructing an Inspector in the discharge of his duties under this #ct2 or 9efusing or wilfully neglecting to afford an Inspector any reasonable facility for making any entry, inspection etc. 5ilfully refusing to produce on the demand of an inspector any register or other document kept in pursuance of this #ct2 or preventing any person for appearance etc. !n conviction for any offence and again guilty of

$ine not less than 9s.+,,, e"tendable <pto 9s.),,, 0 !n subse4uent conviction fine not less than 9s.),,, 0 may e"tent to 9s.+,,,,,

Imprisonment not less than one month -hen &n e)'*o ee (s not *(&b*e for co)'ens&t(on In respect of any injury which does result in the total or partial disablement of the workman for a period e"ceeding three days. In respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly E)'*o er5stoB *(&b(*(t to '& attributable to & .or$)&n co)'ens&t(on The workman having been at the !n death or personal injury resulting time thereof under the influence into total or partial disablement or of drink or drugs, or occupational disease caused to a 5illful disobedience of the workman arising out of and during workman to an order e"pressly the course of employment. given, or to a rule e"pressly Sec!2 framed, for the purpose of securing the safety of workmen, or 5illful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the

A)ount of co)'ens&t(on 5here death of a workman results from the injury #n amount e4ual to fifty per cent of the monthly CHECKLIST wages of the deceased workman multiplied by the relevant factor on an amount of eighty thousand Co/er&+e of -or$)en rupees, whichever is more. A''*(c&b(*(t #ll workers irrespective theirthe 5here permanent total disablement results of from status or salaries either directly or injury. through contractor or a person #n amount e4ual to si"ty per cent of the monthly #ll over India recruited to work multiplied abroad. Sec!1#2% wages of the injured workman by the relevant factor or an amount of ninety thousand rupees, whichever is more Procedure for c&*cu*&t(on H(+her the &+e G Lo.er the co)'ens&t(on 9elevant factor specified in second column of @chedule I8 giving slabs depending upon the age of the concerned workman. ."ample K In case of death. 5ages 9s.C,,, P% #ge 'C years

5!9P%.*6@ -!%P.*@#TI!* #-T, +>'C

-&+es 5hen the monthly wages are more than 9s.&,,, per month it will be deemed 9s.&,,,. Sec!7 EEh!b

Not(ce Acc(dent #s soon as Practicable Sec! 19

Re'ort of &cc(dent Ru*e 11 Bor) EE 9eport of fatal #ccident and @erious Injury within ? days to the -ommissioner (not application when .@I #ct applies . Sec!19=

=&r u'on contr&ct(n+ out #ny workman relin4uishing his right for personal injury not permissible. Sec!17

PENALT>

In case of default by employer 3eposit of -ompensation

),G of the compensation amount F interest to be paid to the workman or his dependents as the case may be. 5ithin one month with the -ompensation -ommissioner Sec!7A