Emplouyment laws and Benefits at Indian Railways

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Presented By : Arathy R. Nair Aswathy R.Nair Dhwani Ojha Divyani Garg

description

Gives in detail structure of employment laws and benefits for Railway employees

Transcript of Emplouyment laws and Benefits at Indian Railways

Page 1: Emplouyment laws and Benefits at Indian Railways

Presented By : Arathy R. Nair

Aswathy R.NairDhwani OjhaDivyani Garg

Page 2: Emplouyment laws and Benefits at Indian Railways

ORGANIZATION STRUCTURE

Page 3: Emplouyment laws and Benefits at Indian Railways

LABOUR COMPOSITION

• Staff are classified into gazette (Group 'A' and 'B') and

• Non-gazetted (Group 'C' and 'D') employees

• Management personnel (Groups A&B) constitute up 1.3% of the totalstrength, Group C and D account for 81.1% and 17.6% respectively.

• Employees in Group C and D include the workshop employees, artisans andrunning staff.

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LAWS THAT GOVERN THE

RAILWAYSRailways Act 1989

• Physical Property damages - A railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions which needs to be addressed within 60 days.

• Power to fix rates - The Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway .

• Carriage of Passengers - The nuances, terms and conditions on tickets, seat availabilities, fares, refunds and provisions for diseased persons and women.

• Carriage of Goods - Maintenance of rate books, conditions for receiving, carriage of danger and offensive goods and punitive charges for violation of any.

• Accidents - Loss of human life, collision between trains etc and procedures of inquiry.

• Liability of railway administration for death and injury to passengers due to accidents : Who is covered, extent of liability and application of compensation.

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Regulation of Hours of work and period of rest:

• A maximum of 75 hours of work in case of an intermittent employee.

• Not more than 54 hours a week on an average of 2 weekly period for acontinuous employee.

• Not more than 45 hours a week on an average of 2 weekly period foran intensive employee. (strenuous in nature, requires continuousconcentration)

• Does not include managerial level or railway school and hospital staff.

• Chapter not to apply to certain railway servants.-Nothing in thisChapter shall apply to any railway servant to whom the Factories Act,1948 (63 of 1948.) or the Mines Act 1952 (35 of 1952) or the RailwayProtection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act,1958 (44 of 1958), applies.

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• Standing Orders Act :– A total of 110 Standing orders act apply to Railways starting from

Promotion policies, physical fitness, safety measures, trainings tofairness and transparency in postings.

• Railway Protection force Act :– Lays the structure, direct & control, recruitment, training and

career planning, remuneration and duration of services includesPF, internal management conditions, leaves, performanceappraisal, redressal and grievances, encampment andaccommodation, uniform and equipment, rewards and awards, aidto civil power, protection, liaison, welfare measures andmiscellaneous.

• Bare Acts :– http://www.indianrailways.gov.in/railwayboard/view_section.jsp?la

ng=0&id=0,1,304,366,533,1044,1050

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UNIONS IN RAILWAY

All India Railway men Federation (AIRF) • Has around 60 union affiliates

• International Transport Workers Federation

NFIR

National Federation of Indian Railway men (NFIR)

INTUC

Indian National

Trade Union Congress

SCR

South Central Mazdoor

Railway Union

SWR

South Western Railway

Mazdoor Union

ITF

International Trade

Federation

ILO

International Labor

Organization

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Wages of Railway Employees

• Minimum wages act applies for casual railway workmen in employment:-

– on the construction or maintenance of roads or in building operations

– in stone breaking or stone crushing

– employment in the maintenance of building

– employment in loading and unloading railway goods sheds.

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Wages of Railway Employees• Minimum wage - Rs.6500.

• Governed by Central Government.

• Proper register of wages should be maintained at the workspot.

• Payment in railway workshop– Less than 1000 employees, should be paid before 7th day of the

month.

– 1000 or more than 1000 employees, should be paid before 10th of the month.

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Retirement Benefits

• Death-cum-retirement Benefits• For employees appointed 16th

November, 1957.

• Time-to-time.

• State Railway Contributory Provident Fund Rules

• Applicable to employees• When he retires or discharges or

dies or asked to resign

• Will be considered his last working day

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Retirement Benefits

• Limitation in pensions

• Railway servant should not earn 2 pensions

• If he is re-employed.

• Voluntary retirement after completion of twenty years of service shall continue to be eligible for retirement pension

• In case of death, family will be eligible for family pension.

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Pay Structure According to 7th Pay Commission

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Pay Structure According to 7th Pay Commission

• Minimum Pay shall be increased from Rs.7000 to Rs.28,000.

• Maximum Pay Shall be increased from Rs.80,000 to 3,20,000.

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New Pension Scheme

• All employees who have joined Railways on or after 1.1.2004.– 60% of the amount -lump sum benefit

– 40% will be invested as per the option exercised by the employee

• Options for investment-i. major amount is invested under Government securities and a

part is invested in equity.

ii. major amount is invested in equity market and a small part is invested in Government securities.

iii. this is a balanced scheme, under which the amount under NPS account is invested equally between Government and Equity market

iv. Default Scheme

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Leave Rules

• Leave can’t be claimed as a right.

• Commencement & end of leave.

• Conversion of leave –– Leave sanctioning authority can’t alter the leave.

• Sanction of leave for not more than 5 years.

• Continuation of leave

• Employee is not permitted to take up any employment during the period of leave.

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Leave Rules

• Planning for leaves

– Employees should be encouraged to take leave

– Detailed plan should be made

– Leave should not be refused – last 10 years of service

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Leave Rules

• LAP (Leave on Average Pay)– 30 days in a calendar year.

– Eligibility – all railway employees

– Credited in advance in two instalments – Jan & July

– Carried forward subject to max 300 days

– The maximum that may be granted at a time shall be 180 days.

– 1/10th of the Extraordinary Leave availed during the previous half year is debited to the leave account.

– New entrants – 2 ½ days pm of half-year in which they join.

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Provident Funds

• State Railway Provident Fund Rule (SRPF)

• Applicable to – both pensionable & non-pensionable employees

• Contribution– Employees’ contribution – 8.33% for SRPF (non - contributory) &

10% for SRPF(contributory)

• Controlling officer means authority

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Provident Funds

• Government Contribution -– Contribution from the railway revenue equal to

compulsory subscription shall be made to the account of the subscriber at the end of each half year i.e. on 31st

March & 30th Sep.

• Special Contribution To Provident Funds -– It is calculated at one fourth of a month's pay for each

completed six monthly period of service but not exceeding 16½ months pay or Rs. One lac whichever is less shall be credited to the account of the subscriber if the service does not fall short of 15 years.

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Medical Benefits

• Sub-section 2 :Railway employees

Medical attendance and treatment facilities shall be available, free of charge, to all .Railway employees and their family members and dependent relatives, irrespective of whether they are in Group A, Group B, Group C, Group D, whether they are permanent or temporary, in accordance.

• Sub-section 3 : Railway employees on leave/leave preparatory to retirement/post retirement leave

A railway employee on leave including LPR is eligible for medical attendance and treatment.

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Cont..• Sub-section 5 : Officers and staff of the

Commissioner of Railway Safety

The staff and officers attached to this establishment are entitled for free medical attendance and treatment for self and family members.

• Sub-section 8 : Free Medical facilities to whole time employees and officers employed by AIRF/NFIR

Whole time employees of Zonal recognized Unions Federations are entitled to free medical treatment for self only.

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Cont..

• Sub-section 9 : Quasi Railway OrganisationFree medical attendance and treatment facilities are available to

the staff themselves of the:1. Consumer Cooperative Societies2. Staff Benefit Fund Committees3. Railway Institutes4. Railway Officers Club5. Station Committees

• Sub-section 10 : ApprenticeFree medical attendance and treatment facilities will be admissible to all apprentices but not to their family members, but confined only to the extent facilities are available in Health Units and Railway hospitals.

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Cont..

• Sub-Section(11) Retired Employees 612 A “Retires Employees Liberalised Health Scheme-1997 ('RELHS-1997”).

Retired Railway employees covered under RELHS-97 will be provided with full medical facilities as admissible to serving employees in respect of medical treatment, investigations, diet, and reimbursement of claims for treatment in Govt. or recognized non railway hospitals.

• Identity cards necessary for availing of facilities in railway hospitals

If a railway beneficiary does not produce a medical identity card no medical treatment should be afforded to the railway beneficiary, except emergency first-aid.

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NEWS

1. Narendra Modi favors privatization, modernization of railway stations

2. Press released has been issued by AIRF on the deliberations on the annual general convention held on 18 to 20 Nov 14

3. AIRF to observe 05 Dec 14 as, national protest day

4. Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.

5. Green signal to Smart Card Insurance in railways

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Thank You…