Industrial Relations Session 27 Sep 24

8/11/2019 Industrial Relations Session 27 Sep 24

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Maternity Act

PF and Gratuity Act

ESI and WC Act


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MATERNITY BENEFIT ACT, 1961

Applicable: All India


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Child: includes a still born child

Delivery: birth of a child

Employer

Employer

Establishment

Factory

InspectorWages

Woman

Miscarriage


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No employer shall knowingly employ a

woman in any establishment during the six

weeks immediately following the day of her

delivery, miscarriage or medical terminationof pregnancy

No woman shall work in any establishment

during the six weeks immediately following

the day of her delivery [miscarriage ormedical termination of pregnancy].


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No pregnant woman shall, on a request being

made by her in this behalf, be required by

her employer to do during the period any

work which is of an arduous nature or which involves long hours of standing, or

which in any way is likely to interfere with

her pregnancy or the normal development of

the foetus, or is likely to cause her miscarriage or

otherwise to adversely affect her health.


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The period referred to in sub-section (3)

shall be-

(a) the period of one month immediately

preceding the period of six weeks, before thedate of her expected delivery;

(b) any period during the said period of six

weeks for which the pregnant woman does

not avail of leave of absence under section 6.


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At the rate of the average daily wage for the

period of her actual absence.

No woman shall be entitled to maternitybenefit unless she has actually worked in an

establishment of the employer from whom

she claims maternity benefit, for a period of

not less eighty days in the twelve monthsimmediately preceding the date of her

expected delivery.


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Every woman-

(a) who is employed in a factory or otherestablishment to which the provisions of theEmployees' State Insurance Act, 1948 (34 of

1948), apply; (b) whose wages (excluding remuneration for

over-time work) for a month exceed the amountspecified in sub-clause (b) of clause (9) ofsection 2 of that Act; and

(c) who fulfils the conditions specified in sub-section (2) of section 5,

shall be entitled to the payment of maternitybenefit under this Act.


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If a woman entitled to maternitybenefit or any other amount under thisAct, dies before receiving suchmaternity benefit or amount, the

employer shall pay such benefit oramount to the person nominated bythe woman in the notice given undersection 6 and in case there is no such

nominee, to her legal representative.


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In case of miscarriage or medical termination

of pregnancy, a woman shall, on production

of such proof as may be prescribed, be

entitled to leave with wages at the rate ofmaternity benefit, for a period of six weeks

immediately following the day of her

miscarriage or, as the case may be, her

medical termination of pregnancy.


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A woman suffering from illness arising out of

pregnancy, delivery, premature birth of

child, [miscarriage, medical termination of

pregnancy or tubectomy operation] beentitled, in addition to the period of absence

allowed to her under section 6, or, to leave

with wages at the rate of maternity benefit

for a maximum period of one month.


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Every woman delivered of a child who

returns to duty after such delivery shall, in

addition to the interval for rest allowed to

her, be allowed in the course of her dailywork two breaks of the prescribed duration

for nursing the child until the child attains

the age of fifteen months.


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When a woman absents herself from work in

accordance with the provisions of this Act, it

shall be unlawful for her employer to:

discharge or dismiss her during or on accountof such absence

give notice of discharge or dismissal on such

a day that the notice will expire during such

absence vary to her disadvantage any of the

conditions of her service.


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The state government appoints Inspectors

under this Act, who may:

enter the establishment,

question as they deem fit , take copies of any records,

direct employers to make payments


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A woman who has been on unauthorised

absence may forfeit the benefits available

under the Act


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Employer who defaults on the provisions of

the Act may face imprisonment up to one

year and a fine


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PAYMENT OF GRATUITY ACT, 1972

Applicable: All India


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Completed year of service: continuous

service for one year

Continuous service:means uninterrupted

service and includes service which isinterrupted by sickness, accident, leave,

layoff, strike or a lock-out or cessation of

work not due to any fault of the employee

concerned, whether such interrupted orinterrupted service was rendered


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Retirement: means termination of theservice of an employee otherwise than onsuperannuation;

Superannuation: the attainment by theemployee of such age as is fixed in thecontract or conditions of service as the age

on the attainment of which the employeeshall vacate the employment; and

in any other case, the attainment by theemployee of the age of fifty-eight years


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Gratuity shall be payable to an employee on

the termination of his employment after he

has rendered continuous service for not less

than five years,-

(a) on his superannuation, or

(b) on his retirement or resignation, or

(c) on his death or disablement due to

accident or disease;


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For every completed year of service or part

thereof in excess of six months, the

employer shall pay gratuity to an employee

at the rate of fifteen days' wages based on

the rate of wages last drawn by the

employee concerned

The amount of gratuity payable to an

employee shall not exceed twenty months'wages.


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No gratuity payable under this Act shall be

liable to attachment in execution of any

decree or order of any civil, revenue or

criminal court.


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Employee's Provident Funds Miscellaneous

Provisions Act, 1952

Applicable All India except the State ofJammu and Kashmir


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http://www.epfindia.gov.in/EPFAct1952.pdf


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Every establishment which is a factory

engaged in any industry specified in Schedule

I and in which twenty or more persons are

employed, and

Any other establishment employing twenty or

more persons or class of such establishments

which the Central Government may, by

notification in the Official Gazette, specify


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The Fund shall vest in, and be administered by,

the Central Board constituted under section 5A.

The Central Government may, be notification in

the Official Gazette, constitute, a Board of

Trustees and an Executive Committee to assist

the Central Board in the performance of its

functions.

Central Govt , in consultation with State Govt

may constitute a State Board of Trustees


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Central Govt will appoint a Central Provident

Fund Commissioner and may appoint

Financial Advisor

Chief Accounts Officer


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Appropriate Government

Authorised Officer: Provident FundCommissioner

Employer, Employee

Contribution: Contribution payable in respect ofa member

Exempted Employee/ Establishment: to whomexemption from the scheme has been granted

under Sec 17 Fund: Provident fund

Pension Fund: Employees Pension fund

Superannuation: attainment of the age of 58


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By Employer: 12% of basic wages, dearness

allowance and retaining allowance

By Employee: Equal to that of employer; canopt to contribute more, but employer cannot

be compelled to contribute more

Retaining allowance: paid to employee whilenot working, to retain his service


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http://www.business-

standard.com/article/pf/things-to-know-

about-employee-provident-fund-

113060200464_1.html


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Providing pension

Providing widow/widower/children pension

8 1/3% of basic, DA, retaining allowance

payable by employer, out of the 12%


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Will be done by:

Central Provident Fund Commissioner

Additional Central Provident Fund

CommissionerDeputy Provident Fund Commissioner


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Central Govt may constitute one or moretribunals

One person per tribunal

Should be qualified to be a judge of a High Court

or a judge of a District Court

Appeals may be made to the Tribunal in

prescribed format The appellant may appoint a legal professional

to appear on his behalf

Copy of the order of the Tribunal has to be givento the appellant


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Provident Fund is recognised under Section

11 of the Income Tax Act of 1922

Provident Fund cannot be attached by acourt

In case of death, the amount shall be

payable to the nominee


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To be appointed by the State Govt by

notification in the official gazette

May enquire into the correctness of any

information providedMay require employer or contractor to

furnish information

May, with assistance, enter, search any

establishment for examination of books,accounts, take copies of records


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Imprisonment up to 3 years and fine


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Central PF Commissioner may exempt

establishments from some provisions of the

Act e.g. Insurance Scheme


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When an employee leaves employment, the

accumulations to his credit are transferred to

the account of the new employer under the

Provident Fund

Industrial Relations Session 27 Sep 24

Documents

Transcript of Industrial Relations Session 27 Sep 24