CYA6B INDUSTRIAL LAW UNIT : I – V - … · repairing machinery in motion. To maintain hoists and...

CYA6B INDUSTRIAL LAW

UNIT : I – V

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CYA6B- Industrial Law 2

• Factories Act – Objectives • Definitions • Health Measures • Safety Measures • Welfare Measures • Hours of Work • Annual Leave with Wages

Unit I - Syllabus

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Protection of Workers

Against Occupational Hazards.

Impose of obligations upon

owner to secure health and safety.

OBJECTIVES

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Factory Worker Manufacturing Process Occupier Inspecting Staff

FACTORY ACT

DEFINITIONS

https://www.youtube.com/watch?v=m2v3TU4zQBE

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To keep clean and free from effluvia. To dispose off waste and effluents. To maintain adequate ventilation and reasonable temperature To prevent inhalation of dust and fumes To ensure proper standards of humidity.

HEALTH MEASURES

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Keep all floors, stairs, passages, steps in good condition.

Prohibition of carrying or moving heavy load which may causes injury to persons.

HEALTH MEASURES

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Fencing of Machines. Prohibition of employing women and children near cotton openers. To protect workers from repairing machinery in motion. To maintain hoists and lifts in good condition.

SAFETY MEASURES

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Protection from injuring Eyes Protection of Workers from fumes, inflammable dust, gas. Protection of workers from fire

SAFETY MEASURES

SAFETY MEASURES

https://www.youtube.com/watch?v=aU_UpziIe2o

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Prohibition of Machinery or Plant causing imminent danger to human life or factory.

SAFETY MEASURES

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Adequate washing facilities. Facilities for storing and drying clothes.

Facilities for workers to sit.

WELFARE MEASURES

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Facilities for first aid, cupboards. Facilities for ambulance. Facilities for canteen.

WELFARE MEASURES

WELFARE MEASURES

https://www.youtube.com/watch?v=jBSq0GtoANQ

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Adequate rest rooms/shelter. Facilities for Crèche. Employment of Welfare officers.

WELFARE MEASURES

WELFARE MEASURES

https://www.youtube.com/watch?v=jBSq0GtoANQ

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Adult Worker - Not more than10 ½ hours.

Women Employee - Between 6.a.m. And 7.p.m.

Child Employers - Above 15 years 4 ¼ Hours per

day

HOURS OF WORK

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Leave with wages for 1 day for every 20 days of work performed. Accumulation of leave : Adult – 30 days Child – 40 days

ANNUAL LEAVE WITH WAGES

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• Payment of Wages Act– Objectives • Definitions • Responsibility for payment of Wages • Time for payment of Wages • Deductions from Wages • Penalties and Offences • Minimum Wages Act –Objectives • Norms followed for Fixation of Wages • Working Hours • Records and registers • Appointment of Inspectors • Powers of Inspectors • Claim • Penalties and Offences

Unit II -Syllabus

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To avoid unnecessary delay in

payment of wages.

To prevent unauthorized

deductions from wages.

To stop exploitation of workers.

To empower the government to

take steps for fixing minimum

wages and to revise it in a

timely manner.

OBJECTIVES

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Employed person Employer Wages Industrial or other Establishment Fixation of Wage Period.

WAGES

DEFINITIONS

https://www.youtube.com/watch?v=IGb3_b95w3E

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Every employer shall be responsible for the payment to persons employed by him

Factories - Manager Industries - The Supervisor

Railways –

RailwayAdministrators.

RESPONSIBILITY FOR PAYMENT OF WAGES

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In Railway factory or Industries - < 1000 employees – paid before 7th of every month

In Railway factory or Industries - > 1000 employees – paid before 10th of every month

In port area, mines, wharf or jetty – Before the Expiry of 7th of every month

TIME FOR PAYMENT OF WAGES

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Fines Deductions for absence from duty Deductions for damage to or loss of goods

made by the employee due to his negligence

Deductions for house-accommodation supplied by the employer or by government or any housing board,

Deductions for such amenities and services supplied by the employer as the State Government or any officer,

Deductions for recovery of advances connected with the excess payments or advance payments of wages

DEDUCTION FROM WAGES

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•To provide for fixation of minimum wages in scheduled employments. •To provide for periodical revision of minimum wages so fixed. •To provide for a summary procedure for recovery of the balance with penalty and subsequent prosecution of the employer who pays less than the minimum wages fixed by the Government. •To provide for the appointment of Advisory Committees and Boards having equal number of representatives of both employers as well as workers.

OBJECTIVES OF MINIMUM WAGES ACT

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For Adult – Nine hours Including Lunch Break One hour. One day of rest after six days of work every

week >4Hours but < 8 hours – Full wages is paid. For over time – Double the wages

WORKING HOURS

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Maintenance of registers giving particulars

of employees, work performed, wages paid.

Registers exhibiting details of workshop or place where the employees in Scheduled employment may be employed.

REGISTERS AND RECORDS

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Enter any premises or place, at all

reasonable hours, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder.

Examine any person who is an employee

employed therein or employee to whom work is given out therein.

POWERS OF INSPECTORS

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Require any person to give any information, with respect to names and addresses of the persons, to, for and from whom the work is given out and with respect to payments to be made for the work.

Seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offense under the Act.

Exercise such other powers as many be prescribed.

POWERS OF INSPECTORS

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If payment is made less than the minimum rate – Non payment of Over time may be taken as claim by Aggrieved party.

Every claim must be filed by the aggrieved party within six months from the date on which money has become due.

CLAIM

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Employers who pay less than the minimum rate or contravenes the rules in the act are punishable with imprisonment up to 6 months or fine of Rs.500 or both.

OFFENCES AND PENALTIES

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• Industrial Dispute Act– Objectives • Definitions • Authorities under the Act • Procedures, powers and duties of Authorities • Duties of Board • Disqualification of Presiding Officer • Strikes and Lock outs • Lay off and Retrenchment. • Lay off Compensation • Procedure for Retrenchment • Duty of Employer to Maintain Muster Roll • Summary

Unit III -Syllabus

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To Achieve Industrial Harmony by settling Industrial Disputes.

•Industry/Employer ----- Workmen

OBJECTIVES

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Industry Industrial Dispute Wages Workman Work committee

DEFINITIONS

INDUSTRIAL DISPUTE

https://www.youtube.com/watch?v=PWfVgD9Zob0

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A conciliation officer or a member of a Board can enter into the premises to which the dispute relates

Every Board, Court, Tribunal have the same powers as are vested in a Civil Court namely

Enforcing the attendance of any person and examining him on oath

Compelling the production of documents and material objects

Issuing commissions for the examination of witnesses

PROCEDURES, POWERS AND DUTIES OF AUTHORITIES

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SEC 13: The Duties of Boards are similar to that of the Conciliation Officers.

Section 14 A Court shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry.

DUTIES OF BOARD

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Not being an Independent Person or Having attained the age of 65 year.

DISQUALIFICATION OF THE PRESIDING OFFICER

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Sec 2(kkk) :Lay Off : Means the failure , refusal or inability of an employer on account of shortage of coal power or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity or to give employment to a workman

Lay off may be declared in total or Partial (to a section of

workers/department) May also be Rotational (workers in

rotation)

LAY OFF AND RETRENCHMENT

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Right of workmen laid off for compensation: Whenever a workman other than a badli workman or a casual workman whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid off, whether continuously or intermittently he shall be paid by the employer

50 % of the total of Basic wages and Dearness Allowance that would have been payable if he has not laid off

If he has been in lay off for more than 45 days during 12 months, the employer need not pay the employee in addition to this the employee concerned may be retrenched.

LAY OFF COMPENSATION

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Sec 25N : conditions precedent Three months prior notice must be given in writing indicating the

reasons for retrenchment or wages in lieu of notice

Prior permission: With regard to Permission same principle applies as Lay off.

PROCEDURE FOR RETRENCHMENT

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An employer must maintain a

muster roll

Laid off employee must sign the

register kept at the gates on the

days of Lay off.

DUTY OF EMPLOYER TO MAINTAIN MUSTER ROLL

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Hence The Industrial Disputes Act is a Labour Welfare Act which is enacted to safegaurd the welfare of the workmen at large and to maintain Industrial Harmony.

SUMMARY

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• Trade Union Act– Objectives • Definitions • Functions • Non – Applicability of the Act • Registration Procedures • Rights and Liabilities • Rights of Trade Union • Collective Bargaining • Registration of Contract Labour. • Cancellation of License • Health and Welfare Measures • Penalties

Unit IV -Syllabus

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Ensure Security of

Workers

Obtain Better Economic

Returns

Secure Power To

Influence Management

Secure Power To

Influence Government.

OBJECTIVES

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Trade Union Appropriate Government Executive Office Bearer. Register Office Registered Trade Union Registrar Trade Dispute

TRADE UNION

DEFINITIONS

https://www.youtube.com/watch?v=rKiCGN4W-FU

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To secure fair wages to workers. To safeguard security of tenure and

improve conditions of service. To enlarge opportunities for promotion

and training.

To improve working and living conditions.

FUNCTIONS

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The society registration act , 1860 The co-operative societies act

,1912 The companies act, 1956

NON APPLICABILITY OF THE ACT

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Appointment of Registrars

Mode of Registration

Application for Registration

Provisions to Be Contained In the

Rules of a Trade Union

Power to Call For Further

Particulars and To Require

Alterations of Names

Registration

Certificate of Registration

Cancellation of Registration

REGISTRATION AND PROCEDURES

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Objects on Which General Funds May

Be Spent

Constitution of a Separate Fund for

Political Purposes

Criminal Conspiracy in Trade Disputes

Immunity from Civil Suit in Certain

Cases

Enforceability of Agreements

RIGHTS AND LIABILITIES

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Notice of the dissolution signed by seven members and by the Secretary

Shall be registered by him if he is

satisfied that the dissolution has been effected in accordance with the rules of the Trade Union

DISSOLUTION OF TRADE UNION

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Collective bargaining is the negotiation process that takes place between an employer and a group of employees when certain issues arise.

The employees rely on a union member to represent them during the bargaining process, and the negotiations often relate to regulating such issues as working conditions, employee safety, training, wages, and layoffs.

COLLECTIVE BARGAINING

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To bring out the feelings of both employer and employees in the common forum To reveal the importance of accomplishing industrial peace and labour harmony between employees and employer. To reveal the means and methods to sort out the difference of opinion between employer and employees. To recognise the majority of employees working in industrial establishments.

COLLECTIVE BARGAINING - OBJECTIVES

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Preparation Proposal Discussion Bargaining Final Agreement

COLLECTIVE BARGAINING - PROCESS

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Promotes better understanding between management and labour

Leads to free discussion

between management and labour

No third party interference. Management recognises trade

union as co –partner

COLLECTIVE BARGAINING - ADVANTAGES

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Management is indirectly induced to recognise union and settle some dispute which may be regarded as weak management. The process of trying to know the strength and weakness of each other may lead to exploitation. Fails to build up mutual trust and confidence, giving place to hatred and prejudice. Encouraging particular union leadership may lead to inter – union rivalry.

COLLECTIVE BARGAINING - DISADVANTAGES

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Appointment of registering officers Registration of certain establishments Certificate of Registration Revocation of registration Prohibition of employment of contract labour

REGISTRATION OF CONTRACT LABOUR

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Licensing officer has ample reasons to revoke license if obtained by: Misrepresentation or

suppression of material fact if the parties violate the terms and conditions Appeal

CANCELLATION OF LICENSE

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Any one who obstructs the inspector in carrying on his duties regarding inspection of premises, records, registers shall be punishable for a term upto 3 months imprisonment or with a fine of Rs.500 or both

Refusal to produce records, registers and documents for

examination or preventing a person from appearing before the inspector shall be punishable for a term upto 3 months imprisonment or with a fine of Rs.500 or both

PENALTIES

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• Workmen Compensation Act– Objectives • Definitions • Functions • Occupational Diseases • Notional Extension • Employee’s Liabilities for Compensation • Amount of Compensation • Distribution of Compensation • Notice and Claim • Medical Examination • Schedule to the Act

Unit V -Syllabus

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To provide quick and cheaper disposal of disputes relating to the

compensation Helps the dependents to get relieved from the hardship, rising

from accident.

OBJECTIVES

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Infectious and parasitic diseases contracted in

an occupation where there is a particular risk of contamination

Diseases caused by work in compressed air Diseases caused by lead or its toxic

compounds Poisoning by nitrous fumes Poisoning by organophosphorus compounds

OCCUPATIONAL DISEASES

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An employer is liable to pay compensation if

a personal injury is caused to an employee by accident arising out of and in the course of his employment. Thus the three tests are:

1. There should be accident 2. The accident should be arising out of and in the course of employment. 3. The accident should result in disability, whether temporary or permanent; partial or total; or death.

NOTIONAL EXTENSION

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Workman is liable to get compensation if injured while on duty or during the course of his employment. Dependents are eligible to get compensation – if Workman dies on duty or gets injured during the course of his employment Dependents are eligible to get compensation – If Workman contacts with occupational diseases while on duty or during the course of his employment.

EMPLOYEE’S LIABILITY

EMPLOYEE’S LIABILITY FOR COMPENSATION

https://www.youtube.com/watch?v=I6nnbuzQr-M

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Temporary Disablement: workman not being able to attend to duty for more than 3 days on account of injury is entitle to get compensation at the rate of a half monthly payment of the sum equivalent to 25%of monthly wages of the workman

Permanent total disablement: The permanent total disablement is listed in Schedule I of the Act. Where the disablement is permanent and total the amount of compensation will be equivalent of fifty percent of the monthly wages of the injured workman multiplied by the relevant factor or an amount of Rs. 24,000/- or which ever is more.

AMOUNT OF COMPENSATION

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Death: Where death results from an injury an amount equal to 40 percent of the monthly wages of the deceased workman multiplied by the relevant factor or an amount of Rs.20,000/- or which ever is more.

AMOUNT OF COMPENSATION

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If two or more dependents exist for a deceased workman, the compensation amount shall be distributed by the commissioner according to his wish.

If the workman dependent is of legal

disability (a minor), or mental capacity) or neglect of children, the compensation amount shall be invested for their according to the directions of the commissioner.

DISTRIBUTION OF COMPENSATION

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After the occurrence of the accident to the workman, giving notice to the employer is must. After the occurrence of the accident to workman or the death of the workman, with in 2years notice should be given to the employer. Every notice given to employer about the accident of the workman should contain the following details. a) Name of the injured workman. b) Address of the injured workman. c) Date on which the accident happened. Notice should be registered post addressed.

NOTICE AND CLAIM

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Worker is bound to inform his employer for the causation of injury within three days.

As soon as the injury is reported to employer, employer is required to appoint a qualified medical practitioner to examine the injured workman within three days of the injury.

Where death is caused to workman during

unauthorized absence, decision shall rest to Commissioner for the payment of compensation.

MEDICAL EXAMINATION

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Where workman deliberately avoids producing himself to prescribed doctor and minor injury is converted into major injury, compensation for only minor injury shall be applicable.

Workman shall also present himself for examination from time to time prescribed by such doctor. Where workman fails to submit himself for treatment despite the fact that employer has appointed the qualified doctor, employer shall not be liable.

MEDICAL EXAMINATION

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Schedule I – Description of Injury Schedule II – List of Persons Subjected to the Provisions in Sec (2)(1)(n) Schedule III – List of Occupational Diseases

Schedule IV – Calculation of Compensation in case of permanent disablement and death.

SCHEDULES TO THE ACT

CYA6B INDUSTRIAL LAW UNIT : I – V - … · repairing machinery in motion. To maintain hoists and...

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