Prepared by,N.Priyadharshini

Compiled from:•Elements of Mercantile Law by N.D.Kapoor (2007),•http://labour.nic.in/act/welcome.html•Various postings in www.citehr.com

LawWhat is law?

Law includes all the rules & principles which regulate our relations with other individuals & with the state.

Object of law?To establish socio-economic justice and remove the

existing imbalance in the socio-economic structure.

Need for the knowledge of law?Ignorance of law is no excuse.

Mercantile/Business/Commercial Law

What is it mean?It deals with contractual situations and the right &

obligations arising out of mercantile transactions between mercantile persons.

Sources of Business Law?English Mercantile law Statute LawJudicial decisions or the system of precedentsCustoms & usages

The Indian Contract Act, 1872Object?

Branch of law which determines the circumstances in which promises made by the parties to a contract shall be legally binding on them.

Contract = Agreement + Enforceablility by law (Legal obligation not a Social obligation)

Agreement = Offer + Acceptance (In genuine consent)

Essentials of valid contract1. Offer and acceptance - 2 parties – one party making the

offer, other party accepting the offer, terms of offer must be definite and the acceptance must also be according to the mode prescribed and must be communicated to the offeror.

2. Intention to create legal relationship

3. Lawful consideration - something in return

4. Capacity of parties - competent, major, sound mind, not disqualified from contracting by any law

Essentials of valid contract5. Free and genuine consent – same mind on all the

material terms of the contract

6. Lawful object – legal, moral, not opposed to public policy

7. Agreement not declared is void

8. Certainty and possibility of performance – not vague or indefinite

9. Legal formalities – contract should be in writing

Workmen’s Compensation Act, 1923First step towards social security of workmenThe theory behind this act is that “the cost of product

should bear the blood of the workmen”

Object? To provide for the payment of compensation by certain

classes of employers to their workmen for injury by accident.

Note: Workmen who are covered under ESI Act, 1948 are not entitled to compensation under this Act as disablement and dependants’ benefit is available to workmen under the former act.

Disablement?Disablement means loss of capacity to work or to

moveIt may result in loss or reduction of his/her

earning capacity.Disablement may be

PartialTotal

Further it may bePermanentTemporary

Employer’s liability for compensation1. Personal injury2. Occupational Disease

Compensation for Calculation Minimum amount

Death 50% of monthly wages * relevant age factorEg: Age 16 factor = 228.54, Age 65 factor = 99.37

Rs. 80,000

Permanent total disablement

60% of monthly wages * relevant age factor Rs. 90,000

Permanent partial disablement

% loss of earning capacity * relevant age factor

Temporary disablement (total & partial)

25% of monthly wages shall be payable every half month till the disablement lasts

Note: Where the monthly wages of workman exceed Rs. 4000, his monthly wages shall be deemed to be Rs.4000 only.

Trade Unions Act, 1926Trade Union – “An association of workers in a

particular craft or industry” and now it symbolizeWorkers’ right to organizeTheir right to press their demands collectively and to go

on strike if their demands are not accepted

Object?To regulate the conditions governing the

registration of trade unionsObligations imposed upon a registered trade union

andRights & liabilities of registered trade unions

Indian Partnership Act, 1932A contract of uberrimae fidei- “utmost good faith” i.e

partnership contract must run with mutual trust and confidenceMin: 2 competent persons Max: on banking business should not exceed 10, any other

business not exceeding 20Profit must be distributed in “agreed ratio”Documents which contains the agreement is called “Partnership

Deed” and it contains nature of business, principal place of business, name and address of the partners, management, accounts

Deed must be duly stamped as required by the Indian Stamp Act, 1889

Payment of Wages Act, 1936Object?

To avoid with holding wages, delays in paying wages & making unreasonable deductions out of wages.

This Act is applicable to persons whose wages does not exceed Rs. 6500 per month (2005) or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette.

Wage period – shall not exceed 1 monthTime of payment of wages

<1000 persons – before the expiry of the 7th day of the following wage period >1000 persons - before the expiry of the 10th day of the following wage

period Termination of employment – before 2nd working day from the terminated day Wages to be paid on a working day

Deductions from wagesMedium of payment of wages – current coin or currency

notes or both, after obtaining written authorization of the employed person, payment can be made either by cheque or by crediting the wages in bank account

Deductions from wages Fines (shall not exceed 3% of wages payable to him in that

wage period) Absence of duty Services like house accommodation, amenities etc Recovery of advances Recovery of loans Payments to co-operative societies & insurance schemes Other deductions such as income tax, PM’s Relief fund etc

Maintenance of registers & recordsEvery employer shall maintain registers &

records giving the following particulars of the persons employed by him:the work performed by themthe wages paid to themthe deductions made from their wagesthe receipts given by them

The Industrial Employment (Standing Orders) Act, 1946

Object?To require employers in industrial establishments

to define with sufficient precision the conditions of employment under them & to make the said conditions known to workmen employed by them.

Matters to be provided in Standing Orders

Classification of workmen Manner of intimating to workmen about periods & hours of

work, holidays, pay days & wage rates Shift working Attendance & late coming Conditions of procedure in applying for, and the authority

which may grant leave & holidays Requirement to enter premises by certain gates, & liability to

search Closing & reopening of sections in Industrial Establishment,

temporary stoppages of work & the rights & liabilities of workmen & employer arising therefrom.

Termination of employment & respective notice Suspension or dismissal for misconduct & related actions Redress mechanism against unfair treatment

Procedure for Certification of Standing orders

The Industrial Disputes Act, 1947Object?

To secure industrial peace By preventing & settling industrial disputes between the

employers & workmen By securing & preserving amity & good relations between

the employers & workmen through an internal Works Committee

By promoting good relations through an external machinery of conciliation, Courts of Inquiry, Labor Courts, Industrial Tribunals & National Tribunals

To improve the condition of workmen in industry By redressal of grievances of workmen through a statutory

machinery By improving job security

What is Industrial dispute?It means any dispute or difference between

employers & employersemployers & workmenworkmen & workmen, which is connected with

a) The employment or non-employmentb) The terms of employmentc) The conditions of labor of any person

It includes both individual & collective disputes

Important TermsLay off – Failure/Refusal/Inability of an employer to give

employment to a workman due toShortage of coal, power or raw material.Accumulation of stocks.Breakdown of machinery.Natural calamity.

Lock out – Temporary closing of a place of employment or suspension of work or refusal by employer (Employer’s weapon)

Closure – Closing the business due to actual loss or apprehended loss

Retrenchment – Employees terminated on account of surplus labor

Strike – Cessation of work by workmenUnfair labor practices

Conciliation MachineryWork committeesConciliation OfficerBoard of ConciliationCourts of Inquiry

Adjudication MachineryLabor CourtsIndustrial TribunalNational Tribunal

Factories Act, 1948Factory means any premises where in a

manufacturing process10 or more persons are engaged if power is

used or20 or more persons are engaged if power is not

used

Object?To protect children & to provide for some

health & safety measures.

State Government / Chief Inspector1. Site Approval for a factory before it is constructed2. Submission of plans of Factories3. Registration & Licensing of Factories4. Appeal to State/Central Govt within 30 days if permission

is refused by Chief Inspector/State Govt respectively5. Notice by the occupier

Name & address of the factory, owner & occupier Address for communication Nature of manufacturing process Total rated horsepower Name of the manager No. of workers likely to be employed etc

Health of workersCleanlinessDisposal of wastes & effluentsVentilation & TemperatureDust & fumeArtificial humidificationOvercrowdingLightingDrinking waterLatrines & UrinalsSpittoons

Safety of workersFencing of machineryWork on near machinery in motionEmployment of young persons on dangerous machineStriking gear & devices for cutting off powerSelf acting machinesCasting of new machineryProhibition of employment of women & children near

cotton openerHoists & LiftsLifting machine, chains, ropes & lifting tacklesRevolving machinery

Safety of workersPressure plantFloors, stairs and means of accessPits, sumps, openings in floors etcExcessive weightsProtection of eyesPrecautions against dangerous fumesPrecautions regarding the use of portable electric lightPrecautions against explosive or inflammable dust, gas, fire etc.Power to require specifications of defective parts or tests of

stabilitySafety of building & machineryMaintenance of building Safety officers

Welfare of workersWashing facilitiesFacilities for storing & drying clothesFacilities for sittingFirst aid appliancesCanteensShelter, rest rooms & lunch roomsCreches (>30 women workers)Welfare officers (>500 workers)

Working hoursNot more than 48hours per week or 9 hours per day Intervals of rest – fixed by factoryWomen employees – 6AM to 7PM

Ordinary rate of wages = Basic wage + AllowancesExtra wages for overtime – wages at twice the ordinary rate

Annual leave with wages 1 day for every 20/15 days of work performed in case of

adult/child Application for leave – atleast 15 days before for private, 30 days

for public utility service Maternity leave not exceeding 12 weeks

Employees’ State Insurance Act, 1948Object?

The Act is a piece of social security legislation conceived as a means of extinction of the evils of the society, namely, want, disease, dirt, ignorance and indigence

Applicability of the Act for employees is Rs. 10000/- per month (Gross Salary).

Benefits? Sickness benefit Maternity benefit Disablement benefit Dependants’ benefit Medical benefit Funeral expenses

Employee?Any person employed for wages in or in connection with

the work of a factory or establishment Directly employed by the principal employer Employed through an intermediate employer Contract employees Apprentice, not being an apprentice engaged under

the Apprentices Act, 1961 or under Standing Orders

Wages?All remuneration paid in cash to an employee except

employer contribution to pension & provident funds, travelling allowance, special expenses paid and gratuity payable on discharge

Contribution? Contribution – Sum of money payable to ESI Corporation by

the principal employer & employee Contribution period – Must not exceed 6 consecutive months

Employee Contribution is exemption for employees whose wages are < Rs.50 per day

Default in payment of contribution – to pay simple interest at 12% or more per annum, till the date of its actual payment

All disputes arising out of this are resolved by Employees’ Insurance Court

Contribution by

Rate of Contribution

Employer A sum equal to 4.75% of the total wage bill of all employees rounded to the next higher rupee + 1.16% Admin charges

Employee A sum equal to 1.75% of his/her wages rounded to next higher rupee

Minimum Wages Act, 1948

Object?To secure the welfare of the workers in a

competitive market by fixing the minimum rates of wages in certain employments

Scheduled employment – Workers in mines, plantation, transport, mills etc

Appropriate State Government shall fix minimum rate of wages for time workminimum rate of wages for piece workguaranteed time rateovertime rate

Fixation & Revision of wagesFixation & revision of minimum wages are

done by appropriate Government through either of the 2 methods1. Appointment of committees & sub-committees

as it considers necessary to hold inquiries2. Publication of proposals in the Official Gazette

Appropriate Government shall consult with Advisory Boards before fixing/revising minimum wages

Employees’ Provident Fund & Miscellaneous Provisions Act, 1952Object?

It is a social security measure meant to induce employees to save a portion from their present earnings for a rainy day

Authorized Officer? Central PF Commissioner Additional Central PF Commissioner Deputy PF Commissioner Regional PF Commissioner

Contribution is made to Employees’ Provident Fund Scheme Employees’ Pension Scheme & Fund Employees’ Deposit Linked Insurance Scheme (EDLI) & Fund

ContributionESI is covered to employees whose wages are upto

Rs.10,000 per monthBasic Salary = Basic Wages + Dearness Allowance

including cash value of any food concession + Retaining AllowanceEmployee Contribution Employer’s Contribution

12% of Basic Salary 12% of Basic Salary + 1.61%

Pension Fund: 8.33% of Basic Salary or Rs.541 whichever is lesser

Provident Fund: 3.67% of Basic Salary

Administrative charges

1.10%of Basic Salary

EDLI Fund0.50% of Basic Salary

Administrative charges for EDLI Scheme

0.01%of Basic Salary

Company Act, 1956

Company - “ an association of many persons who contribute money or money’s worth to a common stock and employ it in some common trade or business(for common purpose) and who share the profit or loss arising there from”

Characteristics of the company1. Separate legal entity2. Limited liability 3. –limited by shares 4. –limited by guarantee5. Perpetual succession6. Common seal7. Transferability of shares8. Separate property9. Capacity to sue

Company Vs Partnership

Company Partnership

Regulated under Companies Act 1956

Partnership Act 1932

Exits after registration under Co.Act 1956

Registration not mandatory

Managed by Directors, Board of Directors

Every partner should take part in the management

Property and rights is nontransferable to shareholders

Transferable to any or all partners

Shares are transferable when the transferee becomes the member

Shares cannot be transferred without the concern of all partners

Shareholders is not the agent…has no power

Each partner is an agent…has power

Min-2Max- banking 10 others 20

Bound by law and audited annually

No statutory provisions

Only it can be dissolved (Wound by provisions of companies Act 1956)

Dissolved by death/ insolvency of partner or wound if it is for fixed period.

Members Public Pvt

Min 7 2

Max No limit 50

Company Vs Partnership

Public Co. Vs Private Co.

Public Co. Private Co.Min members- 7 Min- 2

Max members - no limit Max - 50

File with registrar to act as Director

No restriction

Invites public to subscribe for shares / issues

No public invitation

Quorum members –5 2

Managerial remuneration cannot exceed 11% of NP

No restrictions

No privileges Special priviliges

Documents to be filed with Registrar for getting Certificate of Incorporation

• Memorandum of Association signed by the subscribers• Fundamental document

• Lays down the area of operation

• Regulates the external affairs of the co in relation to outsiders

• Articles of Association if any(public limited co limited by shares need not have its own AOA• Rules and regulations and bye-laws for the internal management of the

affairs of a company.

• Agreement between the Co and the individual for the appointment of whole time Director or Manager

• List of directors agreed to act as director with their written consent

• Declaration relating to companies act and formalities related to registration

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

Object?To provide for the compulsory notification of

vacancies to employment exchanges.

Act is applicable to vacancies in posts of a technical and scientific nature carrying a basic pay ≥ Rs.210 per month occurring in establishments or to be circulated to the Employment Exchanges outside the State or Union Territory

Act is not applicable to any employment in agriculture, horticulture etc domestic service, the total duration of which is less than three months, to do unskilled office work, connected with the staff of Parliament.

Form and manner of notification of vacancies(1) Name and address of the employer ;(2) Telephone number of the employer, if any ;(3) Nature of vacancy :-

(a) Type of workers required (Designation) ;(b) Description of duties ;(c) Qualifications required - (i) Essential, (ii) Desirable

(d) Age-limits if any ;(e) Whether women are eligible ?

(4) Number of vacancies - (a) Regular, (b) Temporary

(5) Pay and allowances(6) Place of work (name of town/village and district in which it is situated).(7) Probable date by which the vacancy will be filled(8) Particulars regarding interview/test of applicant - (a) Date , Time & Place of

interview/test (b) Designation and address of the person to whom applicants should report

(9) Whether there is any obligation or arrangement for giving preference to any category of persons such as Scheduled Castes, Scheduled Tribes, ex-Servicemen and physically handicapped persons in filling up the vacancies, and if so, the number of vacancies to be filled by such categories of persons.

(10) Any other relevant information

Time limit for notification of vacancies & selection Atleast 15 days before the applicants will be interviewed or

tested. Employer to furnish the result of selection within 15 days.

Submission of Returns Quarterly in Form ER-I - Within 30 days by 30th June, 31st March,

30th September & 31st December BIENNIAL Return Form ER-II – Within 30 days of the due date as

notified in the Official Gazette

Apprentices Act, 1961

“An apprentice is bound to obey his master in all his lawful commands, take care of his property and promote his interest, endeavor to learn his trade or business, & perform all the conditions of his contract not contrary to law. He must not leave his master’s service during the term of his apprenticeship”

Object?To provide for the regulation & control of training

of apprentices

TypesTechnician (Vocational) Apprentice

Undergo training for 2 years inorder to hold a certificate in vocational course after completing secondary stage of school education, recognized by All India Council of Technical Education

Trade Apprentice Undergo apprenticeship training in any trade or business

Qualifications for being an apprentice 14 years of age or above satisfies the standard of education & physical fitness as

prescribed for apprenticeship training

Total number of hours/week = 42 to 48 (6AM to 10PM)Employer shall look after

Offer & Acceptance of employmentPractical & basic training of apprentices & related

instructionsHealth, Safety & Welfare of apprenticesLeave / Overtime hoursPayment of stipendCompensating for injury during trainingHolding test & granting certificateRecords, settlement of disputes

Employer’s responsibilities

Maternity Benefits Act, 1961Object?

To regulate the employment of women in certain establishments for certain periods before & after child birth & to provide for maternity benefit & other certain benefits

Wage? Remuneration in cash + Cash Allowances including DA & HRA +

Incentives + Money value of food grainsMaternity benefit is a payment to a women (should have worked

atleast 80 days in the 12 months immediately proceeding the date of her expected delivery ) at a rate of the average daily wage for the period of her actual absence

Maternity benefit is given for a maximum period of 12 weeks, of which not more than 6 weeks shall precede the date of her expected delivery

Liabilities of EmployerPregnant women are prohibited to work in establishments

during a period of 6 weeks immediately following the day of her delivery or her miscarriage

Employer is liable to pay maternity benefit to her nominee or that woman even in case of death of that woman/child respectively

2 nursing breaks per day shall be allowed until the child attains the age of 15 months

6 weeks leave shall be allowed for miscarriage on production of the prescribed proof

Payment of Bonus Act, 1965Bonus – “gratuity to workmen beyond their wages”

Object? To maintain peace & harmony between labor & capital by

allowing the employees, in recognition of their right, to share in the prosperity of the establishment reflected by the contributions made by capital, management & labor

A minimum bonus of 8.33% of the (Salary + DA) or Rs. 100 whichever is higher - paid to all employees whose salary is up to Rs.3500 per month & worked for not less than 30 days for that year

Bonus is no longer linked with production & profitability and so it is a statutory liability for an employer on completion of 5 years after 1st Accounting year even if there is no profit

60 or 67% of available surplus is allocated for bonus

Contract Labour (Regulation & Abolition) Act, 1970

Object?To regulate the employment of contract labour in

certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

Liability of Principal Employer 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

Every contractor shall maintain Muster Roll, Register of wages, Register of Deductions, Register of Overtime, Register of Fines, Register of Advances, Wage slip & display the abstract 0f rules & Act in English & regional language.

Registration of EstablishmentPrincipal employer employing 20 or more workers

through the contractor or the contractor(s) on deposit of required fee in Form 1 as given below. If the number of workmen proposed to be employed on contract on any days-

Prohibition of Employment of Contract LabourOnly by the appropriate Government through issue of

notification after consultation with the Board (and not Courts) can order the prohibition of employment of contract labour.

(a) is 20 Rs.60(b) exceed 20 but does not exceed 50 Rs.150(c) exceed 50 but does not exceed 100 Rs.300(d) exceed 100 but does not exceed 200

Rs.600

(e) exceed 200 but does not exceed 400

Rs.1200

(f) exceeds 400 Rs.1500

Licensing of ContractorEngaging 20 or more than 20 workers and on deposit of

required fee in Form IV as given below.If the number of workmen employed by the contractor

on any day-

It is valid for specified period.

(a) is 20 Rs.15.00(b) exceed 20 but does not exceed 50 Rs.37.50(c) exceed 50 but does not exceed 100 Rs.75.00(d) exceed 100 but does not exceed 200

Rs.150

(e) exceed 200 but does not exceed 400

Rs.300.00

(f) exceed 400 Rs.375.00

Payment of Gratuity Act, 1972 Principle?

By faithful service over a long period, the employee is entitled to claim a certain amount as a retirement benefit

Gratuity is paid out at the time of superannuation (if you retire at the age of 58), when you retire (at any other age) or resignation, and in the event of your death or being rendered disable because of an accident or illness. You need to have at least 5 full years of service with an employer to qualify for gratuity.

Rate of Gratuity

Application for gratuityAn employee or his/her nominee shall write to the employer

within 30 days from the date the gratuity become payable or shall be applied before 30 days if date of superannuation is known

If it is not paid by the employer within 30 days, then he shall pay simple interest as prescribed by Central Government

The grievances are redressed by controlling authority and the collector shall recover the gratuity amount + compound interest from the employer

Equal Remuneration Act, 1976Object?

To provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto

Duties of employer To pay equal remuneration to men and women workers for same work

or work of a similar nature No discrimination to be made while recruiting [or promoting/training

/transferring] men and women workers except where the employment of women in such work is prohibited or restricted by any law and it shall not affect any reservations for SC, ST, Ex-Servicemen etc.

The appropriate Government shall constitute one or more Advisory Committees to increase employment opportunities for women

PenaltiesIf an employer –

Omits or fails to produce any register, muster-roll, any information or other document relating to the employment of workers - he shall be punishable with simple imprisonment for a term which may extend to 1 month or with fine which may extend to Rs.10,000 or with both

Makes any recruitment or discrimination in wages in contravention of the provisions of this Act - he shall be punishable with fine of Rs.10,000 to Rs.20,000 or with imprisonment for a term of 3 months to 1 year or with both for the first offence, and with imprisonment which may extend to 2 years for the second and subsequent offences

If any person being required so to do, omits or refuses to produce to an Inspector any register or other document or to give any information, he shall be punishable with fine, which may extend to Rs.5000

Professional Tax Act, 1976Object?

To provide for the levy & collection of tax on professionals , trade callings & employment in the state.

The set of professional tax slabs in India are different for all the 28 states in India and some of the states have formulated different professional tax slabs for men, women, and the senior citizens of the respective states.

Eg: Tamil Nadu's Tax Slabs: Half yearly basis

Date of payment 15th of succeeding month + additional 5 days grace

Half yearly Income Monthly Professional Tax

Less than Rs.21000 Nil

Between Rs.21001-Rs.30000 Rs.75

Between Rs.30001-Rs.45000 Rs.188

Between Rs.45001- Rs.60000 Rs.390

Between Rs.60001- Rs.75000 Rs.585

Beyond Rs.75001 Rs.810

Inter-state Migrant Workmen (Regulation of Employment & Conditions of Service ) Act, 1979

Object?To regulate the employment of inter-State

migrant workmen and to provide for their conditions of service and for matters connected therewith.

Inter-State migrant workman Any person who is recruited by or through a contractor in one State

under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment;

Duties of Contractors To furnish prescribed particulars to the specified authority in State from

which an inter-State migrant workman is recruited and in the State in which such workman is employed, within 15 days from the date of recruitment and also to intimate if there are any changes in employment

To issue to every inter-State migrant workman, a pass–book affixed with a passport size photograph of the workman and indicating in Hindi/Regional and English languages -

(i) the name and place of the establishment wherein the workman is employed; (ii) the period of employment; (iii) the proposed rates and modes of payment of wages; (iv) the displacement allowance payable; (v) the return fare payable to the workman on the expiry of the period of his

employment and in such contingencies as may be prescribed and in such other contingencies as may be specified in the contract of employment;

(vi) deductions made; and others.

Wages, Welfare & other facilities The wage rates, holidays, hours of work and other conditions of service of an

inter-State migrant workman shall remain the same as any other workman in that establishment and Minimum Wages Act, 1948 is also applicable to them

Non-refundable displacement allowance = 50% of the monthly wages payable to him or Rs.75 whichever is higher

Journey allowance ≥ the fare from the place of residence of the inter-State migrant workman in his State to the place of work in the other State

Other facilities such as suitable conditions of work, residential accommodation, prescribed medical facilities (free of charge), protective clothing are also applicable

To ensure regular payment of wages, equal pay for equal work irrespective of sex, in case of fatal accident or serious bodily injury to any such workman to report to the specified authorities of both the States and also the next-of-kin of the workman

Child Labour (Prohibition and Regulation) Act, 1986

Object?To prohibit the engagement of children in certain

employments and to regulate the conditions of work or children in certain other employments.

Child means a person who has not completed his fourteen years of age.

Penalties Violations under Section-3 shall be

punishable with imprisonment - 3 months to 1 year or with fine of Rs.10,000 to Rs.20,000 or with both. Continuing offence shall be punishable with imprisonment for a term of 6

months to 2 years.

Unorganized Workers Social Security Act, 2008Object?

To provide for the social security and welfare of unorganised workers and for other matters connected therewith or incidental thereto.

Unorganized workers means a home based worker, self employed 0r a wage worker in the unorganized sector & includes a worker in the organized sector who is not covered under

The Central Government formulated schemes for different sections of unorganized workers on matters relating to life and disability cover; health and maternity benefits; old age protection any other benefit as may be determined by the Central

Government

The State Government formulated schemes for unorganized workers relating to provident fund, employment injury benefits, housing, educational schemes for children, skill upgradation, funeral assistance and old-age homes

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