Professional Documents
Culture Documents
LABOUR LAWS
Composed by
ROHIT KUMAR
MBA FINAL YEAR
UTU, DEHRADUN
Period of Apprenticeship
Training to be
Determined by the
National Council
Apprenticeship Advisor
Central Apprenticeship Advisor – when appointed by Central Government.
Sec. 2(b)
Contract of Apprenticeship
e agreed to by the apprentice, or his guardian Conditions
(in case he isfor Novation
a minor) and of
employers.
Contract of Apprenticeship Sec. 4
Obligations of Apprentice
Employer’s liability to pay compensation for injury
de conscientiously, diligently. As per provisions of Workmen’s Compensation Act.
ical and instructional classes regularly. Sec. 16
lawful orders.
contractual obligations.
Health safety & Welfare measures for Apprentices
Mines Act as the case may be when undergoing training.
Hours of work
eek while on theoretical training.
hile on basic training.
eek in second year of training.
rkers (in the third year). Offences & Punishment
work
ce between
a person who10isPM
nottoqualified
4 AM unless approved
for being by Apprenticeship
so engaged Advisor.
or (ii) fails to carry out the terms and conditions of a contract of apprenticeship
Leave and Holidays
r the maximum period of 12 days in a year.
or the maximum period of 15 days and the accumulated leave upto 40 days in a year.
eave upto a maximum period of 10 days in a year.
Sec. 15
PENALTIES
Offence Punishment
Obstructions For obstructing the inspector or failing to produce registers etc.
imprisonment or fine upto Rs.500, or both.
Violation
CONTRACT LABOUR (REGULARATION
Months or fine upto Rs.1000. On continuing & ABOLITION)
contravention, ACT,1970
For violation of the provisions of Act or the Rules, imprisonment of 3
additional fine upto Rs.100 per day
Payment of Contribution
PROVISIONS ACT, 1952
ees’ Pension Scheme and Employees’
E E Two
10% (in case of certain Establishm ents as per details given earlier)
Deposit
months Linked
and Insurance
above but Scheme.
less than upto
NIL four months ?.@22%
n/administrative charges attract imprisonment upto 3 years and fines upto Rs.10,000 (S.14). For any retrospective per annum application, all d
Insurance Scheme
yees’ Pension Fund em ployed & THE SCHEMES
E byEFour
him directly
months by
y him self in respect of the employees directly
andorabove
through
buta less than NIL
contractor.upto six months ?.@ 27% per annum
0.5 employed by him and also in respect of the em ployees directly employed by him and
CHECKLIST E ESix months and above NIL
Pension Schem e
NIL
Clarification about Contribution 8.33% (Diverted out of Provident Fund
per m onth towards Em ployees’ Pension Schem e. The em ployer’s share in the Pension Schem e will be Rs.541 w.e.f. 1.6.2001.
1.16%
wages paid.
ch an em ployee is getting Rs.10,000 per m onth, his share towards provident fund contribution will be Rs.1200 e.g. 12% and em ploye
WAGES FOR ESI CONTRIBUTIONS
Registers/files to be maintained by the employers
OFFENCE PENALTIES
Sec.92 to
• For contravention of the Provisions of the Act or • Im prisonment 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 • Not less than Rs.25000 in case of death.
safety 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
analysis. Rs.10,000 or both.
• For contravention of the provisions of Sec.41B, • Imprisonment upto 7 years with fine upto
41C and 41H pertaining to compulsory disclosure Rs.2,00,000 and on continuation fine @ Rs.5,000
of information by occupier, specific responsibility per day.
of 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
INDUSTRIAL EMPLOYMENT
(STANDING ORDERS) ACT, 1946 & THE RULES
CHECK-LIST
urePENALTIES
of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for every day on continuation of offence.
of Rs.100 on contravention and on continuation of offence Rs.25 for every day.
MATERNITY
BENEFIT ACT, 1961
CHECK LIST
Object of the Act
Fixation of Minimum Rates of Wages
minimum rates of wages in certain employments
wages. The employees employed in para 1 or B of Schedule either at 2 or either part of notification u/s 27.
ears the minimum rates or so fixed and revised the minimum rates.
Government can also fix Minimum Wages for
he purpose of securing to such employees on a time work basis Overtime work done by employees for piece work or time rate wor
For contravention of any provision of the Act or Upto 6 months or with fine upto Rs.1000.
PENALTY the Rule Sec.28
PAYMENT OF
GRATUITY
ACT, 1972 & THE RULES
CHECKLIST
Sec.
Sec. Sec. 4(3)
Sec.8
Sec.6 Rule18
6 4(6) Sec.
Rule13 Rule
9 Rule 9
4
WORKMEN’S COMPENSATION
ACT, 1923
CHECKLIST
PENALTY Notice
Wages
E Report
E50% accident Accident
of theofcompensation amount + interest to be paid to the workman or his dependents as the case may be.
E EIn case of default by employer Bar upon contracting out
E Rule
EWithin 11 Form
one month EE
with the Compensation Commissioner
re EDeposit
E more than Rs.4000 per month
of Compensation it will be deemed
As soon Rs.4000.
as
Sec
Any
Practicable
Sec.4(not workman relinquishing his right for personal injury not permissible.
Exh.b
nd Serious Injury within 7 days to the Commissioner application when ESI Act applies).
Sec. 10 Sec.14
Sec.10B