The Maternity Benefit Act

1961
Object to cover married / unmarried
women
Maternity Benefit / Regulation of
women worker for certain period
before and after child birth.
Child bearing women workers
Applicability of the Act
Applies to Factories / Shop - 10 or
more persons / State Govt.

The Maternity Benefit Act

1961
(contd.)
Restriction on employment
Women / Emp / refrain / prohibited 6
wks. before / after miscarriage
Pregnant women no hard work / long
hours
One month preceding the six weeks
delivery date
Three calendar months benefit of
average daily wage plus medical bonus
of Rs. 250/- if no hospital
> / to 80 days work in preceding 12
months benefit entitled

The Maternity Benefit Act

1961
(contd.)
Restriction on employment
On death upto date of death of
women / child benefit available.
Proof of 48 hours payment
Discharge or dismissal unlawful.
No entitlement if during above
period works elsewhere
Illness out of pregnancy
additional one month leave.

The Maternity Benefit Act

1961
(contd.)

Obligation of Employer
Exhibit extract of act
Maintained register
Submit annual returns
Non Compliance 3 months
imprisonment - Rs. 5000/- fine

Minimum Wages 48
Object
To stop sweated labour and prevent
the exploitation of unorganized labour.
Committee Employer, Employee +
Independent Person + Govt.
Cash + Kind = permission of Govt.
9, 48 + OT
Ind. Tribunal can fix a higher rate
than the Govt.
Capacity to pay
Revenue claim Magistrates Power

Payment of Wages

Unnecessary delay
Unauthorized deductions
Factory / Shops < 1600 2500
Wages not OT
Payment during a working day
1000 < 7th > 1000 10th
Terminated 2nd working day 48
hours

Payment of Wages
(contd.)

Fines - List of acts of omission /

commission
Show cause
> 3% < - 10 times compensation
No fine below 15 years
No fine in installments / after 60
days
Benefit fund

Claim of Wages
Employee/Group of
employees/Legal/Union Rep. to apply
within 12 months to concerned
authority
Refund along with compensation upto
10 times of amount deducted or Rs.
25/- > Rs. 25/- appeal within 30 to
appellate court
Appellate Court can attach property of
employer
No injunction facilities for employees.

Claim of Wages
(contd.)

Employee exempt from court fees

Employee cannot contract to give up
his rights null and void
Display extract of act
In case of death deposit wages with
prescribed authority
Deductions of Union Levies not
invalid
Offences max. 6 months
imprisonment / Rs. 3,000/-.

The Trade Unions Act 1926

Constitution of India Freedom of
Association
Registration not compulsory but
Registered Trade Unions enjoy
Protections and Privileges
7 members apply Registrar of
Trade Unions
To control relationship between
W/E, W/W, E/E

Legal Status
Body Corporate
Perpetual Succession
Common Seal
Power to acquire movable and
immovable property
Power to sue / re-sue
Office bearers / members - No
prosecution for criminal conspiracy
No legal proceeding in Civil Court

Cancellation of Registration
By application
Registration Certificate obtained
by fraud / Trade Union Ceases to
exit
Trade Union willfully violates T U
Act.

Rights of Members

15 years can join

Right to inspect books
Office bearer > 18 years
No offence involving
imprisonment moral turpitude

The Apprentices Act 1961

Duty cast on employer to provide
training in trade
Duty cast on Apprentices to learn
conscientiously and deligently

Apprentice
Min. 14 Years
Contract of Apprenticeship
termination Apprenticeship
Advisory

Obligations

Attain classes
Carry out orders
Comply with contract
Learn the trade skilled
craftsman

Rights
Stipend
Health safety, welfare, leave and
holidays and under Factories
Act / Establishment
Work mens Compensations, ID
Act
Not covered under ESIC, Bonus
Act, Gratuity Act

Employment Exchanges
(Compulsory Notification of
Vacancies)
Actemployer
1959 and worker
Exchange to benefit
Employer to choose best / most efficient
Worker to claim employment - no compulsion
Excluded domestic / agriculture / unskilled
work
Central/State Govt. can compel employer to
notify vacancies in format
Results to be furnished to the exchange.
Local / Central Emp. Exchange 15 days / 60
days date of interview.

Industrial Employment
(Standing Order) Act, 1946
Model standing orders are uniform,
clear condition of service
Employers - 100/50 employees
Maharashtra / S & E Act
Certification Of Model Standing
Orders
Draft practical conformity with
Model Standing Orders
Certifying officers 6 months
Hear employer and employee

Industrial Employment
(Standing Order) Act, 1946
Pass order appellate(contd.)
authority final
Display at entrance / all depts. MSO
English, language understood by
majority
Binding nature once commitment
made cannot be altered.
Punishment for misconduct only
under MSO.

Acts of Misconduct
Habitual Misconduct 3 times 12 months

Bad behaviour

Willful in
subordination
Illegal strikes

Neglect of work

Slowdown

Theft

Damage of work
in progress
Holding meetings

Bribes

Gambling

Absence

Smoking

Acts of Misconduct
(contd.)

Habitual Misconduct 3 times 12 months

Late

Collecting
money
TU Activities on
premises

Drunkenness

Spitting
Violation of safety
norms
Refusal to accept
charge-sheet
Weapons

Factories Act 1948

Secure health, safety, welfare,
hours, leave + other benefits
S2 factory 10 + Power 20 no
Power El / Mech ing
S6 Layout etc approval of Chief
Insp of factories
S9 Right of entry if a factory for
inspection

Factories Act 1948

(contd.)

S11/20 Facilities - clean, dispose

wastes, adequate ventilation
reasonable temp, prevent acc of dust /
lighting type height, intensity,
drinking water latrines, urinals
opttism???
S21-41
- fence, repair when not in
motion
no young person / child
maintain hoists lifts, protection gas,
fumes, vapours fire etc.

Factories Act 1948

(contd.)

S42 / 50 Welfare
Wasting
Sitting
Storage
1st Aid
Canteen (250)
Restroom
Lunch room
Crches and welfare officers

Children
< 14 Years to 15 Years 4 hours per
day
Below 14 not permitted Child
labour
No employment between 10.00 p.m.
to 6.00 a.m.
15 Young Person
Doctor MBBS Certificate of
Fitness for full day work

Working Hours

48, 9, 5, rest
spread 10
O T > 9 hrs.
Women 6 7 pm
7 days 1 day leave

Industrial Disputes Act

Strikes
Body of person (employees)
Stop work
Act in combination
Coerce employer to accept
demand

Industrial Disputes Act

(contd.)

Illegal Strikes
Restriction to go on strike
Illegal to strike
conciliation
7 days
labour courts 2/3 months
Arbitration
Wage board
Existing agreement / settlement /
award

Industrial Disputes Act

(contd.)

Failure of Employer to carry out

labour courts directives
Notice of Change by Employer
Offence Rs. 1 Rs. 50 3 months
Strike no break in service /
followed by lockout illegal
Wages in strike period if legal,
justified and peaceful

Lockout
Employer
Closes place of employment
Suspense work
Compels acceptance of condition of
work
Illegal lockout strike strike not
illegal
Wages if lockout illegal
Offence Rs. 1000 1 month / 6 months

Layoff
Alternative Employment / shift / sister
concern
Present himself of work
Layoff due to strike or slow down no
compensation
<50 workman not applicable, 100% Basic
+ DA
> 50, 50% basic + DA
No work for shortage of RM / Stocks /
calamity

Retrenchment
Compensation

1 months notice / Salary in lieu

15 days average per year
Notice to Government
Retrenchment is not
Termination
VRS
Superannuation
Renewal of contract
Ill health

Closure
> 1 year no work retrenchment
compensation
unavoidable circumstance max
3 mths. Pay
> 50 people 60 days notice to
govt.

Method of Settlement of
Disputes
Works Committee
Collective Bargaining
Settlement
Conciliation Settlement
No Settlement Reference by
Govt.
Board of conciliation / Courts of
inquiry / Arbitration

Method of Settlement of
Disputes
(contd.)
Adjudication - Labour Court /
Industrial / National Tribunal
Awards
Gazette
Government Legislature /
Parliament Publication

Labour Courts Schedule

Two
Order passed by an employer under the
standing orders;
Interpretation of standing orders;
The discharge or dismissal of workmen
including reinstatement
Withdrawal of any customary concession
or privileges;
Illegality or otherwise of a strike or lockout; and
All matters other than those specified in
the Third Schedule.

Industrial Tribunals Schedule Three

Wages including the period and
mode of payment.
Compensatory and other
allowances.
Hours of work and rest intervals.
Leave with wages and holidays.
Bonus, profit sharing, provident
fund and gratuity.

Industrial Tribunals - Schedule

Three
Shift working otherwise than (contd.)
in
accordance with standing orders.
Classification by grades.
Rules of discipline
Rationalization
Retrenchment of workmen and
closure of establishment
Any other matter that may be
prescribed.

Change of Notice
Schedule Four
Wages including the period and mode of
payment
Contribution paid, or payable, by the
employer to any provident fund
Compensatory and other allowances
Hours of work and test intervals
Leave with wages and holidays
Starting, alternation or discontinuance of
shift working otherwise than in
accordance with standing orders

Change of Notice Schedule

Four
(contd.)
Classification by grades
Withdrawal of any customary concession
or privilege or change in usage.
Introduction of new rules of discipline.
Rationalization standardization or
improvement of plant.
Any increase or reduction ( other than
casual ) in the number of persons
employed.