A BRIEF CHECK LIST OF LABOUR LAWS

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 $actories #ct or %ines #ct as the case may be when Ob+(,&t(ons of Offences - e*'+o Pun(sh*ent undergoing training. ers Imprisonment term upto 6 Hours of /or$ To of a Provide the months or with fine when Cond(t(ons for No0&t(on of &' to &( in a week while on theoretical training. apprentice with the employer (I engages as Contr&ct of A''rent(cesh(' &' in a week while on basic training. training in his an apprentice &' to &) in a week in second year of training. trade. a person is not 3ualified for e"ists an apprenticeship who To ensure that a #s per other workers (in the third year . There being so engaged or (ii contract. person duly *ot allowed to work between +, P% to & #% unless approved by carry out the terms The employer is unable to fulfil his fails to 3ualified is of placed #pprenticeship #dvisor. Ter*(n&t(on of and conditions a 2u&+(f(c&t(on for be(n, tr&(ned &s &n A''rent(ce Industr Le&0e &nd Ho+(d& s obligation. inof charge of the A''rent(cesh(' contract apprenticeship, Nu*ber of A''rent(ces (n # approval person cannot be#pprenticeship an apprentice in any designated trade Industry means any industry, or business CHECKLIST The of the training of the !n the e"piry of the of period of +' days in a year. 4es(,n&ted Tr&de -asual leave for the period ma"imum Contr&ct of A''rent(cesh(' or (iii contravenes the Object of the Act unless A''rent(cesh(' Ad0(sor or in which any trade, occupation or P& *ent to A''rent(ces E*'+o er6s +(&b(+(t to '& Object of the Act apprentice. #dvisor is obtained. #pprenticeship training. A''+(c&b(+(t of the Act To contain such terms and Promotion %edical leave for the ma"imum period of +) days and the provisions of for the (njur #ct be by The -entral A''+(c&b(+(t of the Act of new manpower at skills. To 1e isdetermined not more than +& years ofbe age2 -entral #pprenticeship subject/field engineering or technology The employer to pay such stipend at aa rate co*'ens&t(on Promotion of new manpower at skills. To carry out !n the application by either of the #reas and #greement industries as must conditions accumulated asin may leave be agreed upto &, to days by in year. relating to the number of /overnment after consulting the #reas and industries as Improvement/refinement of old skills #dvisor 0 when appointed or vocational course may be specified 1e satisfies such standard of#s education ofany not lessto than the prescribed minimum per provisions of 4orkmen5s Improvement/refinement of old skillsperiod of +, parties theor contract to a the notified by the -entral contractual apprentice, his guardian (in registered with the the ."traordinary leave upto ma"imum days in a year. apprentices which he is -entral #pprenticeship -ouncil notified by the -entral through theoretical and practical training by -entral /overnment. as a designated trade #nd physical fitness as rate as may be specified. -ompensation #ct. through and practical training #pprenticeship #dvisor /overnment obligations. case he is theoretical a minor and employers. #pprenticeship Sec! 11 #dvisor. to engage under Sec!5 re3uired in number of trades and occupation "#b% Sec! "#$% %ay be/overnment prescribed. Sec! 1 Sec! Sec! 3 Sec! 6 Sec! 16 in number of trades and occupation Sec! 6 Sec! 11 ) Sec! 1 those provisions Sec! 1

APPRENTICES ACT, 1961

Per(od of A''rent(ces h(' Training to be <etermined by the *ational -ouncil

CONTRACT LABOUR(7./89#7#TI!* : #;!9ITI!* ACT,1970 & A''+(c&b(+(t Object of the Act THE .very establishment in which ', or more ToRULES regulate the Re,(str&t(on of
employment of contract CHECKLIST labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. 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. Sec! 1

Re,(str&t(on of Est&b+(sh*ent Est&b+(sh*ent Principal employer employing

Principal employing ', or moreemployer workers through the ', or moreor workers through the contractor the contractor(s contractor contractor(s on deposit or of the re3uired fee in on deposit of re3uired fee in $orm + $orm + Sec! 7 Sec! 7

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. Sec! 18 Re0oc&t(on or Sus'ens(on - A*end*ent of L(cences 4hen obtained by misrepresentation or suppression of material facts. $ailure of the contractor to comply with the conditions or contravention of #ct or the 7ules. Sec! 1) L&/s, A,ree*ent or st&nd(n, orders (ncons(stent /(th the Act:Not Per*(ss(b+e 8nless 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.
Sec! "8

Re0oc&t(on of Re,(str&t(on 4hen obtained by %isrepresentation or suppression !f material facts etc. after opportunity to the principal employer Sec! 9

L(cens(n, of Contr&ctor .ngaging ', or more than ', workers and on deposit of re3uired fee in $orm I=. =alid 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 rest?rooms as re3uired under the #ct. <rinking water, latrines and washing facilities. Sec! 16 - 17 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! "8

Re,(sters of Contr&ctors Pr(nc('&+ e*'+o er To maintain a register of contractor in respect of every establishment in $orm >II. Contr&ctor Ru+e 7) To maintain register of workers for each registered establishment in $orm >III. To issue an employment card to each worker in $orm >I=. To issue service certificate to every workman on his termination in $orm >=. Ru+es 71, 76 &nd 77

9uster Ro++, .&,es Re,(ster, 4educt(on Re,(ster &nd O0ert(*e Re,(ster b Contr&ctor .very contractor shall %aintain %uster 7oll and a 7egister of 4ages in $orm >=I and $orm >=II respectively when combined. 7egister or wage?cum?%uster 7oll in $orm >=II where the wage period is a fortnight or less. %aintain a 7egister of <eductions for damage or loss, 7egister or $ines and 7egister of #vances in $orm >>, from >>I and $orm >>II respectively. %aintain a 7egister of !vertime in $orm >>III. To issue wage slips in $orm >I>, 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 7egister of wages or %uster 7oll?-um?4ages 7egister. 4hen covered by Payment of 4ages #ct, register and records to be maintained under the rules %uster 7oll, 7egister of wages, 7egister of <eductions, 7egister of !vertime, 7egister of $ines, 7egister of #dvances, 4age slip. Ru+e 79 To display an abstract of the act and 7ules 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 58 To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector and any change forwithwith Ru+e 51

PENALTIES Sec! @ec. '' @ec.'A Offence !bstructions =iolation Pun(sh*ent $or obstructing the inspector or failing to produce registers etc. ? A months5 imprisonment or fine upto 7s.),,, or both. $or violation of the provisions of #ct or the 7ules, imprisonment of A %onths or fine upto 7s.+,,,. !n continuing contravention, additional fine upto 7s.+,, per day

EMPLOYEES PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952 & THE SCHEMES
CHECKLIST

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$, <9I and .mployees5 Pension $und in respect of the member of the .mployees5 Pension $und employed by him directly by or through a contractor. It shall be the responsibility of the principal employer to pay the contributions payable to the .P$, <9I and .mployees5 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 employees employed by or through a contractor. C+&r(f(c&t(on &bout Contr(but(on #fter revision in wage ceiling from 7s.),,, to Rs!6188 w.e.f. +.6.',,+ per month, the government will continue to contribute 1!16; upto the actual wage of ma"imum 7s.6),, per month towards .mployees5 Pension @cheme. The employer5s share in the Pension @cheme will be 7s.)&+ w.e.f. +.6.',,+. 8nder .mployees5 <eposit?9inked Insurance @cheme the contribution C 8!18; is re3uired to be paid upto a ma"imum limit of 7s.6),,. The employer also will pay administrative charges C 8!81; on ma"imum limit of 7s.6),, whereas an e"empted establishment will pay inspection charges C 8!881; on the total wages paid. Notes< The above clarification is given by taking wages upto a ma"imum of 7s.6),, towards wage (basicD<# . @ince an e"cluded employee i.e. drawing wages more than 7s.6),, can also become member of the $und and theA''+(c&b(+(t @chemes on joint of re3uest and if, for instance, such an employee is getting the Act Sche*e 7s.+,,,,, perin month, Is e"tended area? his share towards provident contribution will be wise to fund factories 7s.+',, e.g. +'E and employer5s share using power and towards provident employing +, fund or contributioin will be more7s.6)B persons and and to 7s.)&+ towards .mployees5 $und. non?power Pension using manufacturing units and establish?ments employing ', or more person upto 7s.H),,/? per month w.e.f. +.&.',,&. It has also been e"tend?ed upon shops, hotels, restaurants, roads motor transport undertakings, e3uip? ment maintenance staff in the hospitals.

.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.

A''+(c&b(+(t

=enef(ts
.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 e3ually throughout the covered persons5 employment. This sum is payable normally on retirement or death. !ther ;enefits include .mployees5 Pension @cheme and .mployees5 <eposit 9inked Insurance @cheme.

R&tes of Contr(but(on
SCHE9E E9PLO>EE6S E9PLO>ER6S #mount F (.AAE (in case where contribution is +'E of +,E +,E (in case of certain .stablishments as per details given earlier ,.) (.AAE (<iverted out of 4&*&,es 9ess than ' months G.C +HE per annum CENTRAL ?O@T6S

Provident

$und @chem e

+'E

NIL

Insurance @chem e *I9 NIL

Two months and above but less than upto four months G.C''E per annum $our months and above but less than upto si" months @i" months and above G.C 'HE per annum

Pen&+ Pro0(s(on
9iable to be arrested without warrant being a cognisable offence. <efaults by employer in paying contributions or inspection/administrative charges attract imprisonment upto A years and fines upto 7s.+,,,,, (@.+& . $or any retrospective application, all dues have to be paid by employer with damages upto +,,E of arrears.

EMPLOYEES STATE INSURANCE

#-T, +B&( : the @-1.%. R&te of CHECK LIST Co0er&,e
of employees <rawing wages Contr(but(on of the /&,es .mployers5 )!71; .mployees5 1!71;

THE ESI SCHE9E TO4A>

*o. of implemented -entres *o. of .mployers covered lacs *o. of Insured Persons *o. of ;eneficiaries *o. of 7egional !ffices/@7!5s *o. of .@I 1ospitals/#nne"es *o. of .@I <ispensaries *o. of Panel -linics 6HH '.A( () lacs AA, lacs '6 +(A +&)A 'B),

u'to Rs!11888A:
per month engaged either directly or thru5 contractor

9&nner &nd T(*e L(*(t for *&$(n, P& *ent of contr(but(on The total amount of contribution (employee5s share and employer5s share is to be deposited with the authorised bank through a challan in the prescribed form in 3uadruplicate 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 spouse.

.A?ES BOR ESI CONTRI=CTIONS

7egisters/files to be maintained by the employers To be dee*ed &s /&,es ;asic pay <earness allowance 1ouse rent allowance -ity allowance compensatory 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 <aily allowance paid for the period spent on tour. /ratuity payable discharge. on

Contr(but(on 'er(od
+st #pril to @eptember. A,th

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

+st !ctober to A+st %arch

!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 : <ust

Pen&+t(es
<ifferent punishment have been prescribed for different types of offences in terms of @ection ()J (I (si" months imprisonment imprisonment and and fine fine , 7s.),,, , and (ii (one (five year years ()?#J

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. 4ashing livery allowance for

imprisonment and not less to ' years and ()?-(' of the .@I #ct, which are self e"planatory. ;esides these provisions, action also can be taken under section &,6 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 for unsubstituted holidays %eal/food allowance @uspension allowance 9ay off compensation -hildren education allowance (not being reimbursement for actual tuition fee

BACTORIES ACT, 19)5

E*'+o er to ensure he&+th of /or$ers 'ert&(n(n, to -leanliness <isposal of wastes and effluents =entilation and temperature dust and fume !vercrowding #rtificial humidification 9ighting <rinking water @pittons. Secs! 11 to "8 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

-onveyance #mount towards reimbursement for duty related journey

CHECK LIST
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 %anufactur? ing process is being carried on. Sec!"#((%

S&fet 9e&sures $acing of machinery 4ork on near machinery in motion. .mployment prohibition of young persons on dangerous machines. @triking gear and devices for cutting off power.

@elf?acting machines. -asing of new machinery. Prohibition of employment of women and children near cotton?openers. 1oists and lifts.

.e+f&re 9e&sures
4ashing facilities $acilities for storing and drying clothing $acilities for sitting $irst?aid 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 A, or more women workers. 4elfare office when there are ),, or more workers. Annu&+ Le&0e /(th .&,es

.or$(n, Hours, S're&d O0er - O0ert(*e of Adu+ts 4eekly hours not more than &(. <aily hours, not more than B hours. Intervals for rest at least K hour on working for ) hours. @preadover not more than +,K hours. !verlapping shifts prohibited. ."tra wages for overtime double than normal rate of wages. 7estrictions on employment of women before 6#% and beyond H P%. Secs! 11, 1) to 16, 19 - 68

E*'+o *ent of >oun, Persons Prohibition of employment of young children e.g. +& years. *on?adult workers to carry tokens e.g. certificate of fitnekss. 4orking hours for children not more than & K hrs. and not permitted to work during night shift. Secs! 11, 1) to 16, 19 - 68

# worker having worked for '&, days C one day for every ', days and for a child one day for working of +) days. #ccumulation of leave for A, days. Secs! 79

OBBENCE $or contravention of the Provisions of the #ct or 7ules !n -ontinuation of contravention !n contravention of -hapter I= pertaining to safety or dangerous operations. @ubse3uent contravention of some provisions !bstructing Inspectors 4rongful 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 7s.+,,,,,,, or both 7s.+,,, per day *ot less than 7s.'),,, in case of death. *ot less than 7s.),,, in case of serious injuries. Imprisonment upto A years or fine not less than 7s.+,,,,, which may e"tend to 7s.',,,,,,,. Imprisonment upto 6 months or fine upto 7s.+,,,,, or both. Imprisonment upto 6 months or fine upto 7s.+,,,,, or both. Imprisonment upto H years with fine upto 7s.',,,,,,, and on continuation fine C 7s.),,,, per day. Imprisonment of +, years when contravention continues for one year.

E9PLO>9ENT EDCHAN?ES (COMPULSORY NOTIFICATION OF VACANCIES ACT, 1959 & THE RULES
CHECK LIST
Object of the Act To provide for the compulsory notification of vacancies to employment e"changes. A''+(c&b(+(t of the Act A''+(c&b(+(t of the Act ;y notification in the !fficial ;y notification in the /aLette, appoint in !fficial this /aLette, appoint in and this behalf for such @tate behalf fordates such @tate different may and be different for dates may be appointed different states appointed for different or for different areas states of a or for different areas of a @tate. @tate. .henAct Act(s (snot not&''+(c&b+e &''+(c&b+e .hen An e*'+o *ent *ent (n (n &,r(cu+ture, &,r(cu+ture, An e*'+o hort(cu+tureetc! etc! hort(cu+ture #nyemployment employmentin indomestic domesticservice. service. #ny #ny employment, employment, the the total total duration duration of of #ny whichis isless lessthan thanthree threemonths. months. which #ny employment employment to to do do unskilled unskilled office office #ny work. work. #nyemployment employmentconnected connectedwith withthe thestaff staff #ny ofParliament. Parliament. of Sec!3 3 Sec!

Not(f(c&t(on Not(f(c&t(onof of0&c&nc(es 0&c&nc(esto toE*'+o E*'+o *ent *entEEch&n,es EEch&n,es ;efore ;eforefilling fillingup upany anyvacancy vacancyas asprescribed. prescribed. .mployer .mployer not not obliged obliged to to recruit recruit the the person person through through employment employment e"change. e"change. To Tonotify notifythe thevacancies vacanciesto tosuch suchemployment employmente"changes e"changesas asmay maybe be prescribed. prescribed. Secs! Secs!) )

Burn(sh(n, Burn(sh(n,(nfor*&t(on (nfor*&t(on&nd &ndreturns returns The Theemployer employerin inevery everyestablishment establishment in inpublic publicsector sectorin inthat that@tate @tateor orarea area shall shallfurnish furnishsuch suchinformation informationor orreturn return as asmay maybe beprescribed prescribedin inrelation relationto to vacancies vacanciesthat thathave haveoccurred occurredor orare are about aboutto tooccur occurin inthat thatestablishment, establishment,to to such employment e"changes such employment e"changesas asmay may be beprescribed. prescribed. Secs! Secs!1 1

T(*e T(*e +(*(t +(*(t for for not(f(c&t(on not(f(c&t(on of of 0&c&nc(es 0&c&nc(es - se+ect(on se+ect(on #tleast #tleast +) +) days days before before the the applicants applicants will will be be interviewed interviewed or or tested. tested. .mployer .mployer to to furnish furnish the the result result of of selection selection within within +) +) days. days. Ru+es Ru+es 1 1

Sub*(ss(on Sub*(ss(onof ofReturns Returns 2u&rter+ 2u&rter+ in in$orm $orm.7?I .7?I =IENNIAL =IENNIAL7eturn 7eturn$orm $orm.7?II .7?II th st 4ithin 4ithin A, A, days days by by A, A,th Fune, Fune, A+ A+st th st th 9&rch, 9&rch, A, A, Se'te*ber Se'te*ber : : A+ A+st 4ece*ber! 4ece*ber! Ru+e Ru+e6 6

PENALTIES
#n #n employer employer contravening contravening the the provisions provisions of of @ec.&(+ @ec.&(+ or or (' (' .. $ine upto 7s.),, for first offence and for every subse3uent $ine upto 7s.),, for first offence and for every subse3uent offence offence fine fine 7s.+,,,. 7s.+,,,. If If any any person person 0 0 7e3uired 7e3uired to to furnish furnish any any information information or or return return 0 0 7efuses or neglects to furnish such 7efuses or neglects to furnish such information information or or return, return, or or $urnishes $urnishes or or causes causes to to be be furnished furnished any any information information or or return return which which he he knows knows to to be be false, false, or or 7efuses to answer, or gives a false answer to any 3uestion necessary for obtaining 7efuses to answer, or gives a false answer to any 3uestion necessary for obtaining any any information information re3uired re3uired to to be be furnished furnished under under section section )2 )2 or or Impedes Impedes the the right right of of access access to to relevant relevant records records or or documents documents or or the the right right of of entry entry conferred conferred by by section section 62 62 he he shall shall be be punishable punishable for for the the first first offence offence with with fine fine upto upto 7s.'), 7s.'), and and for for every every subse3uent subse3uent offence offence with with fine fine upto upto 7s.'), 7s.'), and and for for every Ru+es every subse3uent subse3uent offence offence with with fine fine upto upto 7s.),,. 7s.),,. Ru+es 7 7

IN4CSTRIAL 4ISPCTES ACT, 19)7

Provisions Provisions for for investigation investigation and and settlement settlement of of industrial industrial disputes disputes and and for for certain certain other other purposes. 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$s Co**(ttee0Ioint -ommittee with e3ual number of employers and employees5 representatives for discussion of certain common problems. Sec!3 Conc(+(&t(on0is an attempt by a third party in helping to settle the disputes Sec!) Adjud(c&t(on 0 9abour -ourt, Industrial Tribunal or *ational Tribunal to hear and decide the dispute. Secs!7,7A - 7= Po/er of L&bour Court to ,(0e A''ro'r(&te Re+(ef 9abour -ourt/Industrial Tribunal can %odify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement. Sec!11A
R(,ht of & .or$*&n dur(n, Pendenc of Proceed(n,s (n H(,h Court

Object Object of of the the Act Act

.mployer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher -ourts. Sec!17= 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 after its enforcement. Sec!19

Persons =ound b Sett+e*ent

4hen in the course of conciliation proceedings etc., all persons working or joining subse3uently. !therwise than in course of settlement upon the parties to the settlement. Sec!15

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.

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

4hen there are more than +,, workmen during proceeding +' months. Sec!')?%

*atural calamity. Sec!"1:C

L& off Co*'ens&t(on Payment of wages e"cept for intervening weekly holiday compensation ),E of total or basic wages and <# for a period of lay off upto ma"imum &) days in a year. Sec!"1:C
Pr(or Per*(ss(on b the ?o0ern*ent for Retrench*ent 4hen there are more than +,, (in 8P A,, or more workmen during preceding +' months. Three months5 notice or wages thereto. $orm N# -ompensation C +) days5 wages. Sec! "1:N

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

4ithout giving to the employer notice of strike, as hereinafter <uring the pendency of proceedings before a 9abour -ourt, provided, within si" weeks before striking. Tribunal or *ational 4ithin fourteen days of giving such notice. Tribunal and two months, after the conclusion of such ;efore the e"piry of the date of strike specified in any such proceedings. <uring the pendency of arbitration proceedings before an notice as aforesaid. <uring the pendency of any conciliation proceedings before a arbitrator and two months after the conclusion of such conciliation officer and seven days after the conclusion of proceedings, where a notification has been issued under @ub? @ection(A# of section +,# such proceedings. any period in which a settlement or award is in operation, in <uring the pendency of conciliation proceedings before<uring a ;oard and seven days after the conclusion of such respect of any of the matters covered by the settlement or award. Secs!""-"3 proceedings. Cond(t(ons of ser0(ce etc! to re*&(n unch&n,ed under cert&(n c(rcu*st&nces dur(n, 'endenc of 'roceed(n,s

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 8nion can be punished. Sec!"1: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 month5s wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one month5s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec!33
Retrench*ent of .or$*en Co*'ens&t(on - Cond(t(ons 4orkman must have worked for '&, days. 7etrenchment compensation C +) days5 wages for every completed year to be calculated at last drawn wages !ne month5s notice or wages in lieu thereof. 7easons for retrenchment -omplying with principle of Mlast come first go5. @ending $orm P to 9abour #uthorities. Cond(t(ons of ser0(ce etc! to re*&(n unch&n,ed under cert&(n c(rcu*st&nces dur(n, 'endenc of 'roceed(n,s *ot to alter to the prejudice of workmen concerned the condition of service. To seek ."press permission of the concerned authority by paying one month5s wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one month5s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec!33

C+osure of &n Cndert&$(n, 6, days5 notice to the labour authorities for intended closure in $orm N#. Sec!"1BBA Prior permission atleast B, days before in $orm ! by the /overnment when there are +,, ore more workmen during preceding +' months (in 8P A,, or more workmen Sec!"1:O

PENALTIES
@ec.')?8 '6 'H '( 'B A, A+# A+

Imprisonment of upto 6 months or with fine upto 7s.A,,,,. -ommitting unfair labour practices Imprisonment upto one month or with fine upto 7s.),(7s.+,,, for lock?out or with Illegal strike and lock?ourts both. Instigation etc. for illegal strike or lock?outs. Imprisonment upto 6 months or with fine upto 7s.+,,,, /iving financial aid to illegal strikes and lock?outs. Imprisonment for 6 months or with fine upto 7s.+,,,, ;reach of settlement or award Imprisonment upto 6 months or with fine.!n continuity of offence fine upto7s.',, <isclosing confidential information pertaining to @ec.'+ per day -losure without 6, days5 notice under @ec.') $$# Imprisonment upto 6 months or with fine upto 7s.+,,,, -ontravention of @ec.AA pertaining to change of conditions of 9&tters to be 'ro0(ded (n St&nd(n, Imprisonment upto 6 months or with fine orders upto 7s.),,,, @ervice during pendency of dispute etc. Imprisonment 6 months or fine upto 7s.+,,,,. $ine upto 7s.+,, -lassification workmen, e.g., whether upto permanent, temporary, apprentices, 4hen no penally is provided forof contravention

Offence

HPun(sh*ent

IN4CSTRIAL E9PLO>9ENT #STAN4IN? OR4ERS% ACT, 19)6 - THE RCLES

A''+(c&b(+(t of the Act .very industrial establishment wherein +,, or more (in many @tates it is ), or more . #ny industry covered by ;ombay Industrial 7elations #ct, +B&6. Industrial establishment covered by %.P. Industrial .mployment (@tanding !rders #ct, +B6+. Sec! 1

probationers, or badlis. CHECK:LIST %anner of intimating to workmen periods and hours of work, holidays, pay?days and wage rates. @hift working. #ttendance and late coming. -onditions of, procedure in applying for, and the authority which may grant, leave and holidays. 7e3uirement to enter premises by certain gates, and liability to search. -losing and re?opening of sections of the industrial establishments, and temporary stoppages of work and the right and liabilities of the employer and workmen arising therefrom. Termination of employment, and the notice thereof to be given by employer and workmen. @uspension or dismissal for misconduct, and acts or omissions which constitute misconduct. %eans of redressal for workmen against unfair treatment or wrongful e"actions by the employer or his agents or servants.

Add(t(on&+ 9&tters
@ervice 7ecord 0 %atters relating to service card, token tickets, certification of service, change of residential address of workers and record of age -onfirmation #ge of retirement Transfer %edical aid in case of #ccident %edical ."amination @ecrecy ."clusive service. Secs!"#,%, 3#"% &nd Ru+e "A

Cond(t(ons for Cert(f(c&t(on of St&nd(n, Orders .very matter to be set out as per @chedule and 7ule '#. The standing orders to be in conformity with the provisions of the #ct.

Sub*(ss(ons of 4r&ft St&nd(n, Orders 4ithin 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. Sec!3

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!1

4&te of O'er&t(on of St&nd(n, Orders !n the date of e"piry of A, days from certification or on the e"piry of H days from authentication of @tanding !rders. Sec! 7

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

Te*'or&r &''+(c&t(on of 9ode+ 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

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 seventy?five 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 such workman. Sec!1,:A

PENALTIES $ailure of employer to submit draft @tanding !rders fine of 7s.),,, and 7s.',, for every day on continuation of offence. Cond(t(ons for e+(,(b(+(t of $ine of 7s.+,, on contravention and on continuation of offence 7s.') for every day.

9ATERNIT> =ENEBIT ACT, 1961

benef(ts

CHECK LIST
Co0er&,e of the Act Object of the Act 8pon all women employees either employed To protect the dignity of directly or through contractor e"cept domestic motherhood and the women employees employed in mines, factories, dignity of a new person5s plantations and also in other establishments if the birth by providing for the @tate /overnment so decides. Therefore, if the full and healthy @tate /overnment decides to apply this #ct to maintenance of the women employees in shops and commercial C&sh =enef(ts woman and her child at establishments, they also will get the benefit of this 9eave with average pay time for si" weeks before the delivery. this important when #ct. ;ihar, Punjab 1aryana, 4est ;engal, 8.P., 9eave with average pay for si" weeks after the delivery. she is not working. !rissa and free #ndhra have done # medical bonus of 7s.') if the employer does not provide medical care to so. 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(0(+e,e 9ight 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 J 4omen dismissed for gross misconduct lose their right under the #ct for %aternity ;enefit

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. forwritten e+(,(b(+(t of to @heCond(t(ons should give notice benef(ts the employer about seven weeks 4omen indulging temporary of before the date of her delivery that she will be absent si" unmarried are eligible forfor weeks before maternity benefit and whenafter she her is delivery. @he should and also name e"pecting a child has the person to whom payment will worked for her employer for at be made in case she can not least days in the +' months take (, it herself. immediately proceeding the @he should take the payment for date of her delivery the first si" e"pected weeks before she Sec! 1! goes on leave. @he will get payment for the si" weeks after child?birth 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! 1!

Le&0e for 9(sc&rr(&,e - Tubecto* O'er&t(on 9eave 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&0e 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! 18

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

<ischarge 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. <ischarge 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 4(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 6 for any period during such authoriLed 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 A months, but it will e"tend to one year and will find, but not e"ceeding 7s.),,,,. Sec! 15

9INI9C9 .A?ES ACT, 19)5

CHECK LIST
Object of the Act To provide for fi"ing minimum rates of wages in certain employments 9(n(*u* R&tes of .&,es B(E(n, Hours for Nor*&+ @uch as.or$(n, ;asic rates of wages etc. =ariable <# and ofa normal other @hall=alue constitute concessions etc. Sec! ) of working day inclusive one or more specified intervals. To provide for a day of rest in every period of seven days with remuneration. To provide for payment for work on a day of rest at a rate not less than the overtime rate.. Sec! 13 B(E&t(on of 9(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 'H. To make review at such intervals not e"ceeding five years the minimum rates or so fi"ed and revised the minimum rates. ?o0ern*ent c&n &+so f(E 9(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 by employees for piece work or time rate workers. Sec! 3 Procedure for f(E(n, &nd O0ert(*e re0(s(n, 9(n(*u* R&tes of To be fi"ed .&,es by the hour, by the day or by such a longer wage? #ppointing -ommittee issue of period works on any Sec! day 1 in *otification etc. e"cess of the number of hours constituting normal working day. Payment for every hour or for part of an hour so worked in e"cess at the overtime rate double of the ordinary rate of (+K times or for agriculture labour Sec! 1 Co*'os(t(on of Co**(ttee 7epresentation of employer and employee in schedule employer in e3ual number and independent persons not e"ceeding +/Ard or its total number one such person to be appointed by the -hairman. Sec! 9 P& *ent of 9(n(*u* R&tes of .&,es
.mployer to pay to every employee engated in schedule employment at a rate not less than minimum rates of wages as fi"ed by *otification by not making deduction other than prescribed. Sec!1"

.&,es of /or$ers /ho /or$s for +ess th&n nor*&+ /or$(n, d& s @ave as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day. Sec!11 .&,es for t/o c+&ss of /or$ 4here an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, wages at not less than the minimum rate in respect of each such class. Sec! 16 9(n(*u* t(*e r&te /&,es for '(ece /or$ *ot less than minimum rates wages as fi"ed . Sec! 17 9&(nten&nce of re,(sters &nd records 7egister of B(nes 0 $orm I 7ule '+(& #nnual Returns 0 $orm III 7ule '+ (&?# 7egister for O0ert(*e 0 $orm I= 7ule ') 7egister of .&,es0$orm >, .&,es s+('0$orm >I, 9uster Ro++0$orm = 7ule '6 7epresentation of register 0 for three year 7ule '6?# Sec! 15 C+&(*s b e*'+o ees To be filed by before authority constituted under the #ct within 6 months. -ompensation upto 10 times on under or non?payment of wages Sec! 16

PENALITIES

Offence
$or paying less than minimum rates of wages

Pun(sh*ent
Imprisonment upto 6 months or with fine upto 7s.),,/? Imprisonment upto 6 months or with fine upto 7s.),,/?

Sec! "8

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

SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE ACT, 197! & THE RULES
CHECKLIST
To To regulate regulate certain certain conditions conditions of of service service of of sales sales promotion promotion employees employees in in certain certain establishments. establishments. A''+(c&b(+(t of the Act 4hole of India with effect from 6.A.+BH6 Le&0e .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. 9eave on medical -ertificate !n one?half of the waves for not less than +/+(th of the period of service. -ashable on voluntary relin3uishment or termination other than by way of punishment. Sec!) 9&E(*u* +(*(t u'to /h(ch e&rned +e&0e -an be accumulated +(, days of which the employee can avail himself B, days at a time. .ncashment of leave +', days. Sec!1) Issue of A''o(nt*ent Letter (n Bor* A 4ithin three months from the commencement of the #ct and in other case on appointment. Sec!1 Ru+e ""

Object Object of of the the Act Act

A''+(c&b(+(t of other Acts 4orkmen5s -ompensation #ct, +B'A Industrial <isputes #ct, +B&H %inimum 4ages #ct, +B&( %aternity ;enefit #ct, +B6+ Payment of ;onus #ct, +B6) Payment of /ratuity #ct, +BH'

18 (n c&+end&r
9&(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 < 9eave account of each employee in $orm .. Sec! 7 Ru+e "3 .&,es for /ee$+ d& of rest .ntitled to wages on weekly days of rest as if he was on duty. Ru+e 7

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

Co*'ens&tor ho+(d& s 4ithin A, days of the day when he was re3uired to work. Ru+e 1

.&,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&0e! Ru+e 18 9ed(c&+ +e&0e !n production of medical certificate. Ru+e 11

A''+(c&t(on for +e&0e 4hen 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 (nter0en(n, dur(n, the 'er(od of +e&0e ."cept casual leave grantged or day of weekly rest, other holidays shall be part of leave. Ru+e 1" EEtr&ord(n&r +e&0e #t the discretion of the employer Ru+e 17

Aff(E(n, of ho+(d& s to +e&0e Premi"ing or suffi"ing of any leave not permissible Ru+e 11 2u&r&nt(ne +e&0e 8pto A, days on the recommendations of authorised medical attendant or Public 1ealth !fficer. Ru+e 16

C&su&+ +e&0e +) days in a calendar year. Ru+e 11

PENALT> !n contravention of provisions relating to M9eave5 Issue of #ppointment 9etter or %aintenance of 7egisters fine upto 7s.+,,, Sec! 9

TRADE UNIONS ACT, 192!

CHECKLIST
To provide for the registration of Trade 8nion and in certain respects To provide for thethe registration of Trade 8nion and in certain to define law relating to registered Trade 8nionsrespects to define the law relating to registered Trade 8nions Re,(str&t(on Re,(str&t(onof oftr&de tr&deCn(on Cn(on #ny #ny7 7or ormore moremembers membersof ofaatrade tradeunion unionmay, may,by bysubscribing subscribingtheir their names to the rules of the trade union and its compliance. names to the rules of the trade union and its compliance. There There should should be be at at least least 18;, 18;, or or 188 188 of of the the work?men, work?men, whichever whicheveris isless, less,engaged engagedor oremployed employedin inthe theestablishment establishmentor or industry industrywith withwhich whichititis isconnected. connected. Re,(str&t(on Re,(str&t(onof oftr&de tr&deCn(on Cn(on Prescribed Prescribedform formwith withfollowing followingdetails. details. *ames, occupations and address *ames, occupations and addressof ofthe themembers5 members5 place placeof ofwork. work. #ddress #ddressof ofits itshead headoffice2 office2and and *ames, ages, addresses and *ames, ages, addresses and occupations occupations of of its its office bearers. office bearers. Sec! Sec!1 1

Object of the Act Object of the Act

ItIthas hason onthe thedate dateof ofmaking makingapplication applicationnot notless lessthan than7 7persons personsas as its members, who are workmen engaged or employed its members, who are workmen engaged or employedin inthe the establishment or establishment orindustry industrywith withwhich whichititis isconnected. connected. 9(n(*u* C&nce++&t(on 9(n(*u*reIu(re*ents reIu(re*entsfor for C&nce++&t(onof of *e*bersh(' of tr&de un(on re,(str&t(on *e*bersh(' of tr&de un(on re,(str&t(on *ot , ,or *otless lessthan than18; 18; or188 188of of the theworkmen, workmen,whichever whicheveris isless, less, subject ,, subjectto toaaminimum minimumof of7 7 engaged engagedor oremployed employedin inan an establishments establishmentsetc. etc. Sec! Sec!9A 9A IfIfthe thecertificate certificatehas hasbeen been obtained by fraud obtained by fraudor ormistake mistakeor or itithas ceased to e"ist or has ceased to e"ist orhas has wilfully wilfullycontravened contravenedany any provision provisionof ofthis this#ct. #ct. IfIfititceases ceasesto tohave havethe there3uisite re3uisite number of members. number of members. Sec! Sec!18 18

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

*o *ooffice officebearer beareror ormember memberof ofaaregistered registered trade union shall be liable to trade union shall be liable to punishment punishment under undersub subsection section(' (' of ofconspiracy conspiracyu/s u/s+',; +',; of IPin respect of any agreement of IP- in respect of any agreement made made between between the the members members for for the the purpose purpose of of furthering any such object of the furthering any such object of the Trade Trade 8nion. 8nion. Sec! Sec!17 17

4(sIu&+(f(c&t(on 4(sIu&+(f(c&t(onof ofoff(ce off(cebe&rers be&rersof of Tr&de Cn(on Tr&de Cn(on

IfIfone onehas hasnot notattained attainedthe theage ageof of15 15years. years. -onviction for an offence involving -onviction for an offence involvingmoral moralturpitude. turpitude. *ot *otapplicable applicablewhen when1 1years yearshave haveelapsed. elapsed. Sec! Sec!"1:A "1:A

Returns Returns
#nnually #nnually to to the the 7egistrar, 7egistrar, on on or or before before such such date date as as may may be be prescribed, a general statement, audited in the prescribed prescribed, a general statement, audited in the prescribed manner, of manner,of ofall allreceipts receiptsand ande"penditure e"penditure ofevery everyregistered registeredTrade Trade st st4ece*ber! 8nion during the year ending on the 31 8nion during the year ending on the 31 4ece*ber! Sec! Sec!"5 "5

Pen&+t(es

Offence $or making false entry in or any omission in general statement re3uired for sending returns. $or making false entry in the form. @upplying false information regarding Trade 8nion

Pun(sh*ent $ine upto 7s.),,. !n continuing default, additional fault, 7s.) for each week (not e"ceeding 7s.), . $ine upto 7s.),,. $ine upto 7s.',,.

CAs 31

CAs 3"

PAYMENT OF BONUS ACT, 19!5 & THE RULES

CHECKLIST
A''+(c&b(+(t of Act .very factory where in 18 or more persons are employed with the aid of power or #n establishment in which "8 or more persons are employed without the aid of power on any day during an accounting year Est&b+(sh*ent .stablishment includes <epartments, undertakings and branches, etc. Se'&r&te est&b+(sh*ent Co*'ut&t(on of &0&(+&b+e sur'+us Income ta" and direct ta"es as payable. <epreciation as per section A' of Income Ta" #ct. <evelopment rebate, investment or development allowance. Sec!1 Co*'onents of =onus @alary or wages includes dearness allowance but no other allowances e.g. over?time, house rent, incentive or commission. Sec!"#"1% If profit and loss accounts 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!3 Co*'ut&t(on of ,ross 'rof(t $or banking company, as per $irst @chedule. !thers, as per @econd @chedule Sec!)

4(sIu&+(f(c&t(on - 4educt(on of =onus !n dismissal of an employee for $raud2 or riotous or violent behaviour while on the premises of the establishment2

theft, misappropriation or sabotage of any property of the establishment or

or

%isconduct of causing financial loss to the .mployer to the e"tent that bonus can be deducted for that year. Secs! 9 - 15!

E+(,(b+e E*'+o ees .mployees drawing wages upto 7s.A),, per month or less. Bor c&+cu+&t(on 'ur'oses Rs!"188 'er *onth *&E(*u* /(++ be t&$en e0en (f &n e*'+o ee (s dr&/(n, u'to Rs!3188 'er *onth! Sec!1" *oteJ The proposal to enhance the e"isting ceiling of 7s.A),, is under active consideration by the /ovt.

E+(,(b(+(t of =onus #n employee will be entitled only when he has worked for 38 working days in that year. Sec! 5

P& *ent of 9(n(*u* =onus 5!33; of the salary or 7s.+,, (on completion of ) years after +st #ccounting year even if there is no profit Sec!18 Sec! 5 Set:off &nd Set:on #s per @chedule I=. Sec! 11 9&(nten&nce of Re,(sters &nd Records etc!

T(*e L(*(t for P& *ent of =onus 4ithin ( months from the close of accounting y ear. Sec! +B

# 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 +H and +( and the amount actually disbursed, in form -. Sec!"6, Ru+e ) #ct not applicable to certain employees of 9I-, /eneral Insurance, <ock Oards, 7ed -ross, 8niversities : .ducational Institutions, -hambers of -ommerce, @ocial 4elfare Institutions, ;uilding -ontractors, etc. etc. Sec!3"! PENALT>
$or contravention of any provision of the #ct or the 7ule 8pto 6 months or with fine upto 7s.+,,,. Sec!"5

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

PA>9ENT OB

?RATCIT>
#-T, +BH' : T1. 789.@ CHECKLIST
Sec! "#e% E*'+o E*'+o ee ee 2u&+(f 2u&+(f (n, (n,'er(od 'er(od !n !nrendering renderingof of) ) years5 years5service, service, either eithertermination, termination, resignation resignationor or retirement. retirement.

Sec! "#s% .&,es .&,es for for C&+cu+&t(on C&+cu+&t(on C C +) +) days5 days5 wages wages for every for every completed completed year year as as if if the the month month comprises comprises of of '6 '6 days days at at the the last last drawn drawn wages. wages.

Sec! 1 C&+cu+&t(on C&+cu+&t(on P(ece:r&ted P(ece:r&ted e*'+o e*'+o ee ee C C+) +)days days wages wagesfor for every every completed completed year yearon onan an average averageof ofA A months5 months5 wages wages C&+cu+&t(on C&+cu+&t(on Se&son&+ Se&son&+ e*'+o e*'+o ee ee C CH Hdays5 days5 wages wagesfor forevery every completed completedyear year of ofservice. service.

#ll #llemployees employees irrespective irrespectiveof of status statusor orsalary salary .ntitlement .ntitlement !n !ncompletion completion of offive fiveyears5 years5 service servicee"cept e"cept in incase caseof ofdeath death or ordisablement disablement

Ru+e )

4(s'+& 4(s'+& of of Not(ce Not(ce !n !n conspicuous conspicuous place place at at the the main main entrance entrance in in .nglish .nglish language language or or the the language language understood understood by by majority majority of of employees employees of of the the factory, factory, etc. etc.

Sec! )#3% Ru+e 9 Sec!6 Ru+e 6 No*(n&t(on No*(n&t(on To Tobe beobtained obtained by byemployer employerafter after e"piry e"piryof ofone one year5s year5sservice, service,in in $orm $ormM$5 M$5 Sec! )#6% Sec!5 Ru+e 5 Reco0er Reco0er of of ?r&tu(t ?r&tu(t To Toapply applywithin within A, A,days daysin in$orm $ormI I when whennot notpaid paid within withinA, A,days days Borfe(ture Borfe(tureof of?r&tu(t ?r&tu(t !n !n termination termination of of an an employee for moral employee for moral turpitude turpitude or or riotous riotous or or disorderly disorderlybehaviour. behaviour. 4holly 4holly or or partially partially for for wilfully wilfully causing causing loss, loss, destruction destruction of of property propertyetc. etc. Sec! 13 Protect(on Protect(onof of ?r&tu(t ?r&tu(t -an5t -an5tbe beattached attached in ine"ecution e"ecutionof of any anydecree decree 9&E(*u* 9&E(*u* Ce(+(n, Ce(+(n,

Rs!3,18,888 Rs!3,18,888

9ode 9odeof of '& '& *ent *ent -ash -ashor, or,ififso so desired, desired,by by ;ank ;ank<raft <raftor or -he3ue -he3ue

Ru+e 9

Pen&+t(es Pen&+t(es Imprisonment Imprisonment for for 6 6 months months or or fine fine upto upto 7s.+,,,,, for 7s.+,,,,, for avoiding avoiding to to make make payment by payment by making making false false state? state? ment ment or or representa representa ?tion. ?tion. Imprisonment not Imprisonment not less than A months less than A months and and upto upto one one year year with fine on with fine on default default in in comply?ing comply?ing with with the the provisions provisions of of #ct #ct or or 7ules. 7ules.

PAYMENT OF "A#ES ACT, 19$!

CHECKLIST
A''+(c&b(+(t of Act .&,es to be '&(d (n Object Objectof ofthe theAct Act current co(ns or $actory industrial .stablishment To Toregulate regulatethe thepayment paymentof ofwages wagesof ofcertain certain currenc notes classes Tramway service or motor classesof ofemployed employedpersons persons #ll wages shall be paid in transport service engaged in T(*e of '& *ent of /&,es current coins or currency carrying passengers or good or The wages of every person employed be notes or in both. both by road for hire or reward. paid. #fter obtaining the #ir transport service <ock, 4harf 4hen less than +,,, persons are employed authoriLation, either by th or Ietty Inland vessel, shall be paid before the e"piry of the H day che3ue or by crediting the mechanically propelled of the following month. wages in employee5s bank %ine, 3uarry or oil?field Plantation 4hen more than +,,, workers, before the #ccount Sec! 6 th 4orkshop or other establishment e"piry of the +, day of the following month. Sec! 1 etc. !n contravention of @.) (e"cept sub?sec.& , @.H, @.( $ine not less than 7s.+,,, which may e"tend to 7s.),,,. Co0er&,e of E*'+o ees (e"cept @s.( , @.B, wage @.+, (e"cept !n subse3uent conviction fine not less than 7s.),,,, may <rawing average upto @s.' and @ecs.++ to +A. e"tend to 7s.+,,,,,. !n contravention @.&, @.)(& , @6, 7s.6),, pm as amended w.e.f. 4educt(on *&de fro* /&,es 4educt(on for &bsence @.((( , @.+,(' or @.')for fine not less than 7s.+,,,. 0 may 6.B.,). <eductions such as, fine, deduction fro* dut(es for e"tend supplied to 7s.),,,. subse3uent !n conviction fine not amenities and services by !n the un&uthor(sed less. employer, advances paid, over payment of B(nes &s 'rescr(bed b &bsence $or to maintain or records2 or wages, loan, granted for house?building or *ot failing to imposed unlessregisters the $ine which shall not be purposes, income ta" payable, in less than 7s.+,,, but may employer 4ilfully refusing without lawfulto e"cuse other neglecting to is givenor an opportunity #bsence for whole or any pursuance of the order of the -ourt, P$ e"tend to 7s.),,, 0 !n record conviction fine not less furnish information or return2 or show cause part of the day 0 contributions, cooperative societies, than 7s.),,,, may e"tend to 7s.+,,,,,. 4ilfully furnishing or causing to be furnished any To record in the register If ten or more persons premium contribution to $or second or subse3uent conviction, fine not less than information or return which he knows to be false orfor 9ife Insurance, Sec!5 absent without reasonable any fund constituted by employer or a trade 7s.),,, but may e"tend to 7s.+,,,,, 7efusing to answer or wilfully giving a false answer to any cause, deduction of wages union, recovery of losses, .@I contributions 3uestion necessary for obtaining any information re3uired upto ( days. etc.etc. Sec! 7 to be furnished under this #ct. for ser0(ce rendered Sec! 9 4educt(ons 4ilfully obstructing an Inspector in the discharge of his 4educt(on for d&*&,e or +oss 4hen accommodation amenity or duties under this #ct2 or has been accepted by the $ine not less than 7s.+,,, e"tendable service 7efusing or wilfully neglecting to afford an Inspector any employee. $or default or negligence of an 0 employee 8pto 7s.),,, !n subse3uent conviction fine reasonable facility for making any entry, inspection etc. Sec!11 resulting into loss. @how cause notice has 0 to not less than 7s.),,, may e"tent to 7s.+,,,,, 4ilfully refusing to produce on the demand of an be given to the employee. Sec!18 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 Imprisonment not less than one month e"tendable upto -ontravention of same provision. si" months and fine not less than 7s.',,, e"tendable upto 7s.+),,,. $ailing or neglecting to pay wages to any employee #dditional fine upto 7s.+,, for each day.

"OR%MENS COMPENSATION ACT, 192$

CHECKLIST
A''+(c&b(+(t #ll over India Sec!1 Co0er&,e of .or$*en #ll workers irrespective of their status or salaries either directly or through contractor or a person recruited to work abroad. Sec!1#3% E*'+o er6s +(&b(+(t to '& co*'ens&t(on to & /or$*&n !n death or personal injury resulting into total or partial disablement or occupational disease caused to a workman arising out of and during the course of employment. Sec!3

A*ount of co*'ens&t(on 4here death of a workman results from the injury #n amount e3ual to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor on an amount of eighty thousand rupees, whichever is more. 4here permanent total disablement results from the injury. #n amount e3ual to si"ty per cent of the monthly wages of the injured workman multiplied 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 7elevant factor specified in second column of @chedule I= giving slabs depending upon the age of the concerned workman. ."ample J In case of death. 4ages 7s.A,,, P% #ge 'A years $actor as schedule I= 7s.+B.B) #mount of compensation 7s.A'BBA) In case of total disablement 7s.AB)B+,. Sec! ) .&,es Not(ce Acc(dent 4hen the monthly wages are more than 7s.&,,, per month it #s soon as will be deemed 7s.&,,,. Practicable Sec!) EEh!b Sec! 18

.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 attributable to? The workman having been at the time thereof under the influence of drink or drugs, or 4illful disobedience of the workman to an order e"pressly given, or to a rule e"pressly framed, for the purpose of securing the safety of workmen, or 4illful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workman. Sec!3#&% - #b%

Re'ort of &cc(dent Ru+e 11 Bor* EE 7eport of fatal #ccident and @erious Injury within H days to the -ommissioner (not application when .@I #ct applies . Sec!18=

=&r u'on contr&ct(n, out #ny workman relin3uishing his right for personal injury not permissible. Sec!1)

PENALT>

In case of default by employer <eposit of -ompensation

),E of the compensation amount D interest to be paid to the workman or his dependents as the case may be. 4ithin one month with the -ompensation -ommissioner Sec!)A