HUMAN RESOURCES MANAGEMENT

NATIONAL INSTITUTE OF FASHION TECHNOLOGY HUMAN RESOURCES MANAGEMENTA STUDY ABOUT VARIOUS LABOUR LAWS ASSIGNMENT : 02

RAJAT VATSYAYAN & SOMNATH NANDYB.F.TECH, SEMESTER IIIBATCH : 2012-16

THE FACTORY ACT 1948 The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of DelhiAPPLICABILITY

It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.

SALIENT FEATURES OF THE ACT ARE :-

Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 .

Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence.

Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories .

Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well as suo moto inspections to check compliance of provisions of this Act relating to :-

Health

Safety

Welfare facilities

Working hours

Employment of young persons

Annual Leave with wages etc.

HEALTH( Ch-III) : There should be provisions regarding cleaning of the work rooms as required(Section 11) . Also painting the walls, application disinfectants should be done. There should be adequate ventilation by the circulation of fresh air (Section 13), and excessive high temperature should be controlled. There should be proper arrangement for disposal of wastes(Section 12) and accumulation of offensive dust and fumes should be avoided(Section 14.). There should be atleast 14.2 cubicmetres of space available for each worker(Section 16.) . In every part of a factory where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. (Section 17) There should be ample drinking water available and there should be provisions for latrines,urinals and spittoons.( Section 18-20) SAFETY( CH- IV) : every machine with a movable part should be fenced (Section 21.)and such movable machines should be examined and lubrication/adjustments should be done. Any such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register (Section 22.). No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime-mover of a machine.( Section 23) In every factory suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys wnich form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained so as to prevent the belt from creeping back on to the first pulley; ( Section 24 clause 1a) No traversing part of a self-acting machine in any factory shall be over a space which is the passage way for the workers and should be atleast at a distance forty-five centimetres from any fixed structure which is not part of the machine(Section 25) . Also, every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger(Section 26) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain(a) safe means of escape for all persons in the event of a fire, and(b) the necessary equipment and facilities for extinguishing fire. (Section 38)(1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures, which in his opinion should be adopted and requiring them to be carried out before a specified date. (Section 40)(1)

(Sections 44 to 49) 44. FACILITIES FOR SITTING.(1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.(2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working.(3) The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process.45. FIRST AID APPLIANCES. (1) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory.(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognized by State Government and who shall always be readily available during the working hours of the factory.(4) In every factory wherein more than five hundred workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.46. CANTEENS.(1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and, fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.(2) Without prejudice to the generality of the foregoing power, such rules may provide for - (a) the date by which such canteen shall be provided;(b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;(c) the foodstuffs to be served therein and the charges which may be made therefor;(d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer.(e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c).47. SHELTERS, REST ROOMS AND LUNCH ROOMS. (1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers : Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section : Provided further that where a lunch room exists no workers shall eat any food in the work room.(2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.(3) The State Government may - (a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section;(b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section.48. CRECHES. (1) In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.(3) The State Government may make rules - (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided, under this section;(b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;(c) requiring the provision in any factory of free milk or refreshment or both for such children;(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.49. WELFARE OFFICERS. (1) In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of Welfare officers as may be prescribed.(2) The State Government may prescribe the duties, qualifications and Conditions of service of officers employed under sub-section (1).

THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. It 1970 seeks to protect the interest of workers employed on contract. on the one hand, it seeks to provide contract workers minimum wages through licensing of contractors and by holding principal employers accountable for enforcement of the law. on the other hand, it empowers state and central governments to prohibit the conduct of certain kinds of work through contract labour. the concerned government can issue a notification in the official gazette to prohibit employment of contract labour in any process, operation or other work. the central government has abolished contract labour practices in a number of jobs in different industries and has issued 36 notifications so far in this regard.Provision of the Act:The Act applies to every establishment/contractor in which 20 or more workmen are employed or were employed on any day in the preceding 12 months as contract labour and to every contractor who employs or who employed on any day of the preceding 12 months, 20 or more workmen. It does not apply to establishments where the work performed is of intermittent or seasonal nature. An establishment wherein work is of intermittent and seasonal nature will be covered by the Act if the work performed is more than 120 days and 60 days in a year respectively. The Act also applies to establishments of the Government and local authorities as well.Section 17: Rest - rooms- 1) In every place wherein contract labour is required to halt at night in connection with the work of an establishment - a) to which this Act applies; and b) in which work requiring employment of contract labour is likely to continue for such period as maybe prescribed. These shall be provided and maintained by the contractor for the use of the contract labour such number of rest-rooms or such other suitable alternative accommodation within such time as may be prescribed. 2) The rest-rooms or the alternative accommodation to be provided under sub-section 1) shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition.Section 18: Other Facilities- It shall be the duty of every contractor employing contract labour in connection with the work of an establishment to which this Act applies, to provide and maintain - a) a sufficient supply of wholesome drinking water for the contract labour at convenient places; b) a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labour in the establishment and; c) washing facilities.

CHILD LABOUR REGULATION & PROHIBHITION ACT 1986The Child Labour (Prohibition and Regulation) Act, 1986 is one the most debated acts regarding children in India. It outlines where and how children can work and where they can not. The provisions of the act are meant to be acted upon immediately after the publication of the act, except for part III that discusses the conditions in which a child may work. Part III can only come into effect as per a date appointed by the Central Government (which was decided as 26th of May, 1993).The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages, etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc. These provisions do not apply to a workshop where the occupier is working with the help of his family or in a government recognised or aided school.The following clauses have been stated regarding the conditions of work for children :SECTION 7 : Hours and periods of work (1)No child shall be required or permitted to work in any establishment in excess of such member of hours as may be prescribed for such establishment or class of establishment.(2)The period of work on each day shall be fixed that no perid shall exceed three hours and tha no child shall work for more than three hours before he has had an interval for rest for atleast one hour. (3)The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No child shall be permitted or required to work between 7 p.m and 8 a.m.(5) No child shall be required or permitted to work overtime.(6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment.

SECTION 8 : WEEKLY HOLIDAYS. Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months.

TRADE UNION ACT 1926The Trade Union Act, 1926 was enacted in pre-independent India with the objects of promoting social justice among workers. In 1987 the Government of India circulate some proposals for amending this Act in keeping with the changing times. The trade union can be formed with a minimum of 7 members as executive members and get it register in prescribed format with the Registrar. Twenty five percent of the total workforce of an establishment would be required for registration as a trade union. Membership fee and other contributions are the only source of its fund which could be utilised for salaries, for administrative expenses and for providing any allowances to its members in case of death, old age, sickness, accidents, etc.

The Act has granted immunity from criminal prosecution for any agreement made between the members for purpose of achieving he objectives of the union. Suit against an officer-bearer or a member of a trade union cannot be filed in a civil court for anything done in the course of a trade dispute alleging that the act has interfered with the contract of employment, trade, business, etc.

Section 2(h) of the Trade Unions Act, 1926 has defined a trade union as Any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. Then this definition talks about three relationships. They are relationship between the: Workmen and workmen Workmen and employers Employers and employers. Trade union is a voluntary organization of workers pertaining to a particular trade, industry or a company and formed to promote and protect their interests and welfare by collective action. They are the most suitable organisations for balancing and improving the relations between the employer and the employees. They are formed not only to cater to the workers' demand, but also for inculcating in them the sense of discipline and responsibility. They aim to:- Secure fair wages for workers and improve their opportunities for promotion and training. Safeguard security of tenure and improve their conditions of service. Improve working and living conditions of workers. Provide them educational, cultural and recreational facilities. Facilitate technological advancement by broadening the understanding of the workers. Help them in improving levels of production, productivity, discipline and high standard of living. Promote individual and collective welfare and thus correlate the workers' interests with that of their industry.In India, the first organised trade union was formed in 1918 and since then they have spread in almost all the industrial centres of the country. The legislation regulating these trade unions is theIndian Trade Unions Act, 1926. The Act deals with the registration of trade unions, their rights, their liabilities and responsibilities as well as ensures that their funds are utilised properly. It gives legal and corporate status to the registered trade unions. It also seeks to protect them from civil or criminal prosecution so that they could carry on their legitimate activities for the benefit of the working class. The Act is applicable not only to the union of workers but also to the association of employers. It extends to whole of India. Also, certain Acts, namely,the Societies Registration Act, 1860;the Co-operative Societies Act, 1912; andthe Companies Act, 1956shall not apply to any registered trade union, and that the registration of any such trade union under any such Act shall be void.The Act is administered by theMinistry of Labourthrough itsIndustrial Relations Division

THE INDUSTRIAL DISPUTES ACT, 1947 [11th March, 1947.]The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement ofindustrial disputesby negotiations.It is an Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Whereas it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing.

Salient Features of the Act:1.Any industrial dispute may be referred to industrial tribunal where generally both parties to such dispute agree with each other.2.Am award shall be binding on both parties to the dispute for a specified period not exceeding one year.It is enforced by government ( Award : judgment of Court)3.Strikes and lock outs are prohibited aDuring pendency of conciliation and adjudication proceedings (pending compromise, final decision procedure) During pendency of settlement during the course of conciliation proceedings. (strike is weapon of trade unions, loc out is weapon of management) During pendency of awards of Industrial Tribunal4.During emergency appropriate government declares the following industries to be public utility services for a maximum period of six months. Transport of passengers or goods by land water or air, Coal, Cotton textile, Food stuffs, Iron and steel5.In case of layoff or retrenchment of workmen employer is required to pay compensation to them (retrench : remove excess people permanently )6.Provision has also been made for payment of compensation to workmen in case of transfer or closure of an undertaking7.Authorities under the Act :- Works Committee, Conciliation Officer, Board of Conciliation, Court of Inquiry, Labour Court, Industrial Tribunal, National Tribunal

Machinery for the settlement of dispute or Authorities under the Industrial Dispute Act, 19471. Works Committee: Section 3 provides that1. In an establishment where 100 or more workmen are employed the appropriate government may constitute works committee (Works Committee) as described. The number of representatives of workmen and the employer must be same. Such representatives of workmen are selected from workmen in consultation with trade union, if any.2. It is the duty of Works Committee to preserve amity and good relation between employer and workmen to comment (discuss) upon matters of common interest and to find out an amicable solution (peaceful) towards the same. The main task of the Works Committee is to reduce friction between management and workmen in day to day work. The Works Committee does not supersede trade union for collective bargaining. They are not entitled to consider substantial changes in the conditions of service.

THEMINIMUM WAGES ACT, 1948TheMinimum Wages Act, 1948is anIndian legislationenacted by theParliament of Indiafor statutory fixing of minimum wages to be paid to skilled and unskilled labours.The Indian Constitutionhas defined a 'living wage' that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. However, to keep in mind an industry's capacity to pay the constitution has defined a 'fair wage'. Fair wage is that level of wage that not just maintains a level of employment, but seeks to increase it keeping in perspective the industrys capacity to pay.Aminimum wageis such a wage that it not only guarantees bare subsistence and preserves efficiency but also provides for education, medical requirements and some level of comfort.[1]India introduced the Minimum Wages Act in 1948,giving both the Central government and State government jurisdiction in fixing wages. The act is legally non-binding, but statutory.The main provisions of the act are as follows:The Act provides for fixing wage rate (time, piece, guaranteed time, overtime) for any industry that has at least 1000 workers.1) While fixing hours for a normal working day as per the act should make sure of the following: The number of hours that are to be fixed for a normal working day should have one or more intervals/breaks included. At least one day off from an entire week should be given to the employee for rest. Payment for the day decided to be given for rest should be paid at a rate not less than the overtime rate.2) If an employee is involved in work that categorises his service in two or more scheduled employments, the employees wage will include respective wage rate of all work for the number of hours dedicated at each task.3) It is mandatory for the employer to maintain records of all employees work, wages and receipts .4) Appropriate governments will define and assign the task of inspection and appoint inspectors for the same.

PAYMENT OF WAGES ACT 1936ApplicabilityIt applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment specified.Responsibility for payment of wagesEvery employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act: Provided that, in the case of persons employed (otherwise than by a contractor)- in factories, if a person has been named as the manager of the factory in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned. The person so named, the person. so, responsible to the employer, or the person so nominated, as the case may be; [shall also be responsible] for such payment.

THE PAYMENT OF BONUS ACT, 1965ThePayment of Bonus Act, 1965was enacted to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or productivity and for the matters connected therewith. The Act applies to:- (i) every factory as defined under theFactories Act, 1948; and (ii) every other establishment in which twenty or more persons are employed on any day during an accounting year. However, the Government may, after giving two months' notification in the Official Gazette, make the Act applicable to any factory or establishment employing less than twenty but not less than ten persons.The Act is enforced through theCentral Industrial Relations Machinery (CIRM). CIRM is an attached office of theMinistry of Labourand is also known as theChief Labour Commissioner (Central) [CLC(C)] Organisation. It is headed by the Chief Labour Commissioner (Central).The Act, gives to the employees astatutoryright to a share in the profits of his employer. Prior to the enactment of the Act some employees used to get bonus but that was so if their employers were pleased to pay the same.The Act enables the employees to get a minimum bonus equivalent to one month's salary or wages (8.33% of annual earnings) whether the employer makes any profit or not. But the Act also puts a ceiling on the bonus and the maximum bonus payable under the Act is equivalent to about 2 1/2 months' salary or wage (20% of annual earnings).It is to be noted that employees drawing salary or wage exceeding Rs. 10000.00 per month are not entitled to get any bonus under the Act. (w.e.f. 1 April 2006)Applicability of ActEvery factory where in10or more persons are employed with the aid of power or an establishment in which20or more persons are employed without the aid of power on any day during an accounting yearEligibility of BonusAn employee will be entitled only when he has worked for30working days in that year. {Section 8}Payment of Minimum Bonus8.33%of the salary or Rs.100 (on completion of 5 years after 1stAccounting year even if there is no profit) {Section 10}Maintenance of Registers and Records etc. A register showing the computation of theallocable surplusreferred to in clause (4) of section 2, in form A. A register showing theset-on and set-offof the allocable surplus, under section 15, in form B. A register showing the details of the amount of bonus due to each of the employees, the deductions under section 17 and 18 and the amount actually disbursed, in form C. {Section 26 Rule 4}

DISCLAIMERAct not applicable to certain employees of Life Insurance Corporation, General Insurance, Dockyards, Red Cross, Universities & Educational Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors, etc. {Section 32}

EQUAL REMUNERATION ACT, 1976TheEqual Remuneration Act, 1976aims 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. According to the Act, the term 'remuneration' means "the basic wage or salary and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled". Nothing in this Act shall apply:- (i) to cases affecting the terms and conditions of a woman's employment in complying with the requirements of any law giving special treatment to women; or (ii) to any special treatment accorded to women in connection with the birth or expected birth of a child, or the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death.TheCentral Industrial Relations Machinery (CIRM)in the Ministry of Labour is responsible for enforcing this Act. CIRM is an attached office of the Ministry and is also known as theChief Labour Commissioner (Central) [CLC(C)] Organisation. The CIRM is headed by the Chief Labour Commissioner (Central).The main provisions include: No employer shall pay to any worker, employed by him/ her in an establishment, a remuneration (whether payable in cash or in kind) at rates less favourable than those at which remuneration is paid by him/ her to the workers of the opposite sex in such establishment for performing the same work or work of a similar nature. Also, no employer shall, for the purpose of complying with the provisions of this Act, reduce the rate of remuneration of any worker. No employer shall, while making recruitment for the same work or work of a similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force.Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follow: - Prefatory Note Statement of Objects and Reasons. Article 39 of Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women. To give effect to this constitutional provision, the President promulgated on the 26th September, 1975, the Equal Remuneration Ordinance, 1975 so that the provisions of Article 39 of the Constitution may be implemented in the year which is being celebrated as the International Womens Year. The Ordinance provides for payment of equal remuneration to men and women workers for the same work or work of similar nature and for the prevention of discrimination on grounds of sex. The Ordinance also ensures that there will be no discrimination against recruitment of women and provides for the setting up of Advisory committees to promote employment opportunities for women. The Bill seeks to replace the Ordinance.

WORKMAN COMPENSATION ACTObjectives : The Workmen's Compensation Act, 1923, aims to provide workmen and/or their dependents some relief in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen. Scope and Coverage The Act extends to the whole of India . The Workmen's Compensation (Amendment) Act, 2000 has brought all the workers within its sphere irrespective of their nature of employment i.e. whether employed on casual basis or otherwise than for the purposes of the employer's trade or business. For the first time, casual laborers will be provided compensation for death or disability. Establishments which are covered by the Employees State Insurance Act, are outside the preview of this Act. The coverage of this act is also to cooks employed in hotels and restaurants. Employees Entitled Every employee including those employed through a contractor and also casual employees, who suffers an injury in any accident arising out of and in the course of his employment, shall be entitled for compensation under the Act. A person employed in a factory which is yet to commence production would not be deprived of the benefit of the provisions of the Act. The workman employed in a premises where manufacturing process is intended to be carried on is not necessarily required to be actually connected with manufacturing process. Any person engaged in such premises who is contributing for the intended manufacturing process would be deemed to be workman for the purpose of the Act. Administrative Authority : The State Governments administer the provisions of this Act through the Commissioners appointed for specified areas. The State Governments also make rules for ensuring that the provisions of the Act are complied with.Accident Compensation-when payable :The employer of any establishment covered under this Act, is required to compensate an employee: who has suffered an accident arising out of and in the course of his employment, resulting into (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv) temporary disablement who has contracted an occupational disease accident arising out of and in the course of implies a casual connection between the injury and the accident and the work done in the course of employmentAMOUNT OF COMPENSATIONThe amount of compensation payable to a workman depends on the nature of injury caused by accident, the monthly wages of the workman concerned, and the relevant factor for working out lump sum equivalent of compensation amount. In case of DEATH resulting from injury, the amount of compensation shall be equal 50% of the monthly wages of the deceased workman multiplied by the relevant factor. Or an amount of Rs 80,000/- whichever is more. In case of PERMANENT TOTAL DISABLEMENT resulting from the injury, the amount of compensation shall be 60% of the monthly wages of the injured workman multiplied by the relevant factor or Rs 90,000/- thousand whichever is more.

THE MATERNITY BENEFIT ACT, 1961

INTRODUCTION

The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. With the advent of modern age, as the number of women employees is growing, the maternity leave and other maternity benefits are becoming increasingly common. But there was no beneficial piece of legislation in the horizen which is intended to achieve the object of doing social justice to women workers employed in factories, mines and plantation.

The Maternity Benefits Act, 1961 aims at regulating employment of women employees all over the country. The act provides 12 weeks as the maximum period for which any working woman shall be entitled to maternity benefit. She can avail this benefit as 6 weeks up to and including the day of her delivery and 6 weeks immediately following the day of her delivery. (Section 4)

ACT 53 OF 1961

With the object of providing maternity leave and benefit to women employee the Maternity Benefit Bill was passed by both the Houses of Parliament and subsequently it received the assent of President on 12th December, 1961 to become an Act under short title and numbers "THE MATERNITY BENEFIT ACT, 1961 (53 OF 1961)".Applicability of the ActThe Act applies to: Every factory, mine or plantation (including those belonging to Government), An establishment engaged in the exhibition of equestrian, acrobatic and other performances, irrespective of the number of employees, and Every shop or establishment wherein 10 or more persons are employed or were employed on any day of the preceding 12 months.

Eligibility & Conditions for Claiming BenefitsThe Act lays down that any women employed, whether directly or through any agency, for wages in any establishment is eligible to claim maternity benefits if she is expecting a child and has worked for her employer for at least 80 days in the 12 months immediately preceding the date of her expected delivery. (Section 5)

A woman looking forward to maternity benefits could ask the employer to give her light work for a month. Such request should be made atleast 10 weeks before the date of her expected delivery. At that time she needs to produce a certificate confirming her pregnancy. (Section 5)

Also she needs to give a written notice to the employer about 7 weeks before the date of her delivery regarding her absence period pre and post delivery. (Section 5).

Cash Benefits Leave with average pay for 6 weeks before and 6 weeks after the delivery. Medical bonus of at least Rs. 1000 extending to Rs. 20000 if the employer is unable to provide free medical care to the women employee.(Section 8) (Amended on 15-04-2008)[2] Additional leave with pay for upto 1 month on production of proof, revealing illness due to pregnancy, delivery, miscarriage, or premature birth. (Section 10) In case of miscarriage, 6 weeks leave with average pay from the date of miscarriage. (Section 9)

Non Cash Benefits/Privilege Light work for 10 weeks before the date of expected pregnancy if she asks for it. Two nursing breaks in the course of her daily work until the child attain age of 15 months. (Section 11) In case of tubectomy operation leave with wages for 2 weeks. (Section 9A) No discharge or dismissal while being on maternity leave. (Section 12) No change to her disadvantage in any of the conditions of her employment while on maternity leave. (Section 12) Pregnant woman discharged or dismissed may still claim maternity benefit from the employer. (Section 12)

*Women employee who is dismissed on grounds of gross misconduct loses her rights under the Act for Maternity Benefit.

EMPLOYEES PROVIDENT FUND & MISC. PROVISIONS ACT, 1952 Mission: To extend the reach and quality of publicly managed old-age income security programs through consistent and ever-improving standards of compliance and benefit delivery in a manner that wins the approval and confidence of members in our methods, fairness, honesty and integrity, thereby contributing to the economic and social well-being of members.The Employees Provident Fund came into existence with the promulgation of the Employees Provident FundsOrdinanceon the 15th November, 1951. It was replaced by the Employees Provident Funds Act, 1952. It is now referred as theEmployees Provident Funds & Miscellaneous Provisions Act, 1952which extends to the whole of Indian except Jammu and Kashmir.The Employees' Provident Funds Billwas introduced in the Parliament as Bill Number 15 of the year 1952 as a Bill to provide for the institution of provident funds for employees in factories and other establishments.

Since its enactment in 1952, the Act has been amended 15 times.(list of all amending Acts- on clicking each amendment Act, the text of the amendment Act may open).The Act and Schemes framed there under are administered by a tri-partite Board known as theCentral Board of Trustees, Employees' Provident Fund, consisting of representatives of : Government (Both Central and State), Employers, and Employees The Board administers a contributory provident fund, pension scheme and an insurance scheme for the workforce engaged in the organized sector in India. It is one of the worlds largest organizations in terms of clientele and the volume of financial transactions undertaken by it. The Board is assisted by the Employees PF Organization (EPFO), consisting ofoffices at 120 locationsacross the country. The EPFO is under the administrative control of Ministry of Labour and Employment, Government of India (click here). The Organization also has a well equipped training set up where officers and employees of the Organization as well as Representatives of the Employers and Employees attend sessions for trainings and seminars.

PAYMENT OF GRATUITY ACT 1972An Act to provide for a Scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and matters connected therewith or incidental thereto. It is welfare legislation and intended to recognise and reward those workmen who have rendered long and faithful service to the employer.This act is applicable to all states (except Jammu & Kashmir) and particularly to every factories, mines, oilfields, plantations, ports, railway company.it is also applicable to every shop or establishment in which ten or more employees are/were em[played on any day during the preceding 12 months. The Act continues to be applicable to any establishment or institution even if the number falls below 10 subsequent to its coverage. Central Government may by notification extend the coverage to any establishment/institution. Section 4 in The Payment Of Gratuity Act, 19724. Payment of gratuity.-(1)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: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.

BIBLIOGRAPHY

http://www.childlineindia.org.in/Child-Labour-Prohibition-and-Regulation-Act-1986.htm http://ncw.nic.in/frmReportLaws33.aspx http://en.wikipedia.org/wiki/The_Minimum_Wages_Act,_1948 http://www.excelconsultancyservices.co.in/PaymentOfBonus.htm http://business.gov.in/legal_aspects/equal_remuneration.php http://www.slideshare.net/somnathnift/savedfiles?s_title=workman-compensation-act&user_login=moon2108 http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Maternity+Benefit+Act,+1961/ http://m.paycheck.in/main/career-tips/women-paycheck/women-legislation/women-legislation/women-legislation-4