Compiled by;

NAYINI NARASIMHA REDDYMinister for Home, Jails, Fire Services,

Sainik Welfare & Labour,Employment and Training

Room No. 119, Ground Floor,D-Block, Telangana Secretariat,

Phones: 040-23451072(O) 040-23451073

Hyderabad

NIRANJAN RAO ASSOCIATES

IMPORTANT LABOUR LAWS – AT A GLANCE

The industrial law in this country was developed vastly due to the increasedawakening of the workers of their rights particularly after the advent of independence.Industrial relations embraced a complex of relationships between the workers,employers and the Government. In this context, the Labour Department have madesignificant contributions for settlement of the disputes and for maintenance of theindustrial peace and harmony.

Labour law also known as employment law is the body of laws, administrativeand judicial rulings, precedents which address the legal rights and restrictions onworking people and their organizations. As such, it mediates many aspects of therelationship between trade unions, employers and employees. In other words, Labourlaw defines the rights and obligations of workers, union members and employers inthe workplace. Generally, labour law covers:

Industrial relations, collective bargaining and unfair labour practices, safety,health and welfare amenities in Workplace, Employment standards, general holidays,annual leave, working hours, terminations, dismissals, minimum wage, strikes, lockouts, layoff procedures and severance pay, social security measures .etc.

The labour legislations can be categorized as follows:

1) Labour laws enacted by the Central Government, where the Central Governmenthas the sole responsibility for enforcement.

2) Labour laws enacted by Central Government and enforced both by Central andState Governments.

3) Labour laws enacted by Central Government and enforced by the StateGovernments.

4) Labour laws enacted and enforced by the various State Governments which applyto respective States.

The Constitution of India provides detailed provisions for the rights of the citizens andalso lays down the Directive Principles of State Policy which set an aim to which theactivities of the state are to be guided.

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Labour Laws may be further classified under the following heads:

A) Laws relating to Industrial Relations (B) Laws relating to Wages(C) Laws relating to

Working Hours, Conditions of Service and Employment (D) Laws relating to Equality and

Empowerment of Women (E) Laws relating to Deprived and Disadvantaged Sections of the

Society (F) Laws relating to Social Security.

1. THE SHOPS AND ESTABLISHMENTS ACT, 1988

The act is applicable to IT and other associated establishments. Every shop andestablishment has to apply for registration within 30 days of commencement ofbusiness to the Labour Department. The Registration certificate should be renewedfor every calendar year on payment of required fees.

The Act is for the benefit of the employees working in shops and Establishmentswho are not covered by Factories Act. The act deals with regulating the condition ofservice of employees working in shops and the Offices of all kind of companies,hotels, cinema theaters, canteens, etc. The Act deals with the health, safety, workinghours, holidays and paid leaves for employees. The Act also requires furnishing ofAppointment Letters to employees. It also contains the procedure for termination ofemployees and also a claim can be made by the employee for unpaid legal dues. TheIT and Enabled Services industry enjoys certain exemptions from certain provisions ofthe Shops and Establishment Act as per G.O.Ms.No.22, Dated: 21-06-2013.

All the employees covered under the Act, whoever worked for a period of 240days or more during the continuous period of 12 months such an employee is entitledto leave with wages for a period of 15 days during the subsequent period of 12 monthswith wages. Such earned leave may be accumulated for a maximum period of 60days.

In addition to the same, an employee is also entitled to 12 sick leaves andanother 12 days as casual leave with wages per annum. The Employee is also entitledfor special casual leave not exceeding 6 days during entire service, if he/sheundergone vasectomy or tubectomy operation.

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SERVICE COMPENSATION NEED NOT BE PAID

As per High court and Supreme Court judgments, there is no obligation for themanagement to pay any service compensation or payment of salary till the servicecompensation is paid (Section 47(3) and section 47 (4)) to the employees whocompleted one year of service. These provisions were struck down by the courts. Inview of the said judgments, the Employees who completes five years of service areentitled for gratuity, if said act applies, but not otherwise.(2009, VOL (121) FLR 407SC).

2. THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970.

This Act is enacted to regulate and abolition of Contract Labour in certain areas. In thestate of Telangana, it applies to every contractor who employs 5 or more workers ascontract labour. It has also provisions to empower Government to prohibit contractlabour system in any process, operation or other work in any establishment.However, Engagement of contract Labour is prohibited in the core activity.For example in a shop a salesman cannot be engaged on contract basis as he directlycontributes to main activity of the shop.

The principal employer has to register himself with Registering Officer underthis Act. This implies obtaining permission of employing contract labour in hispremises and the principle employer in turn required to issue Form-V to thecontractor, then only the contractor will be given Contract Labour license.

The Act has provisions for welfare and health of contract labour. It has provisionof canteen and rest room in certain conditions. It also provides facilities for drinkingwater, washing facilities, latrines and urinals for contract labour. Contractor is alsomade responsible for payment of wages to labour.

In case, contractor does not provide facilities, principal employer is maderesponsible for providing facilities to contract labour. The principal employer isauthorized to recover any expenses incurred by him for providing such facilities bydeducting from any amount payable to contractor. The Principal employer is also liablefor any violations resorted to by the contractor including payment of wage dues if any.

The contractor shall be responsible for payment of wages to each workeremployed by him as contract labour. However, every principal employer shallnominate a representative duly authorized by him to be present at the time of

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disbursement of wages by the contractor and it shall be the duty of suchrepresentative to certify the amounts paid as wages in such a manner as may beprescribed.

In case of contractor fails to pay wages within a prescribed period or makesshort payment, then the principle employer shall be liable to make payment of wagesin full or unpaid balance due, as the case may be to the contract labour and recoverthe amount so paid from the contractor.

By various judgments of courts, it is clear that provisions of ESI and PF are alsoapplicable on contract labour. After contract is completed contract labour has no rightto seek employment in regular services with principal employer.

3. THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OFEMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996.

The Act provides regulations for employment and condition of services of buildingand other construction workers. It provides provisions regarding their safety, healthand welfare of the construction workers. It has come into force from first day of March1996.

It applies to every establishment where ten or more building workers areemployed in any building or other construction works.

It provides for registration of such establishments. It provides various provisionsfor the benefit of construction workers, regarding fixing hours for normal working day,overtime wages, drinking water, latrines and urinals, crèches, first-aid canteen etc.,employers are also required to maintain certain registers and records. Safetyprovisions at work place are also to be provided.

The act provides for “Building and Other Construction Workers Welfare Board”.The worker has to contribute from their wages to this board. This board looks after various welfare activities of workers including loan and pension to them.

4. The Building and Other Construction Workers Welfare Cess Act, 1996.

The Cess should be paid by the owner or contractor on cost of construction notless than 1% and include all expenditure incurred by an employer ,but shall notinclude – cost of land and the compensation paid or payable under Workmen'sCompensation Act.

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Cess levied shall be paid within 30 days of completion of the project or if theproject work is more than one year, cess to be paid within 30 days of completion of oneyear from the commencement of work or employer can pay estimated cess asadvance. However, in any particular state if similar cess is paid by an employer, suchemployer can make an application to the Central Government for exemption frompayment of the cess under this Act.

However, the cess need not be paid if the construction is undertaken for thepurpose of construction of a factory. Building and Other Construction Workers WelfareCess Act does not apply to which Factories Act apply. This principle was upheld by theHon'ble High Court of Andhra Pradesh.

5. THE INDUSTRIAL DISPUTE ACT, 1947.

The Industrial Disputes Act extends to whole of India and applies to everyindustrial establishment carrying on any business, trade, manufacture or distributionof goods and services irrespective of the number of workmen employed therein.

Every person employed in an establishment for hire or reward including part-time employees to do any manual, clerical, skilled, unskilled, technical, operational orsupervisory work, is covered by the Act.

This Act does not apply to persons mainly in managerial or administrativecapacity, or to the persons engaged in a supervisory capacity and drawing > 10,000p.m or executing managerial functions and persons subject to Army Act, Air Force andNavy Act.

According to the Act, the term 'industrial dispute' means "any dispute ordifference between employers and employers, or between employers and workmen,or between workmen and workmen, which is connected with the employment ornon-employment, or the terms of employment or with the conditions of labour, ofanyperson".

The basic objectives of the Act are:-

§ To provide a suitable machinery for the just, equitable and peaceful settlementof industrial disputes.

§ To promote measures for securing and preserving amity and good relationsbetween employers and employees.

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§ To prevent illegal strikes and lockouts.

§ To provide relief to workers against layoffs, retrenchment, wrongful dismissal and victimisation.

§ To promote collective bargaining.

§ To ameliorate the conditions of workers.

§ To avoid unfair labour practices.

Under the Act, a statutory machinery has been constituted for conciliation andadjudication of industrial disputes. It includes appointment of 'Conciliation Officers',by appropriate Government, charged with the duty of mediating in and promoting thesettlement of industrial disputes. He/ she may be appointed for a specified area, or forspecified industries in a specified area, or for one or more specified industries, eitherpermanently or for a limited period. It is the duty of these officers to bring both theemployees and employers together and help them to resolve their differences. If thedispute is settled, he/ she shall send a report, to that effect, to the appropriateGovernment.

While conducting conciliation, the conciliation officer may enforce attendanceof any person for the purpose of examination or call for and inspect any documentwhich he has a ground for considering of relevancy to the industrial dispute. For thesaid purpose, the conciliation officer shall have the same power that are vested withany civil court under code of civil procedure for enforcing of attendance of any personor examine him or for compelling the production of documents.

AMENDMENTS (15.09.2010)

* Section 2 (A) – Direct Access to Labour Court by an Employee.

* For coverage of supervisors the Wage limit was increased from Rs.1600/- toRs.10,000/- per month .

* Grievance Redressal Committee – Compulsory in the units having more than 20workmen.

* Time limit for questioning dispute in case of discharge / dismissal / termination is3 years.

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* Powers given to labour courts to execute the awards, orders etc.

The Appropriate Government is central Govt., where the share capital is more than51% in any company, in all other cases the state Govt. is the AppropriateGovernment.

6. THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENTAND CONDITIONS OF SERVICE) ACT, 1979.

This Act defines “INTERSTATE MIGRANT WORKMEN” as any person who isrecruited by or through a Contractor in one State under an agreement or otherarrangement for employment in an establishment in another State, whether with orwithout the knowledge of the principal employer in relation such establishment.

This Act is to safeguard and regulate the conditions of such workers. It implies toevery Establishment/Contractor who employ 5 or more Inter-State Migrant Workers.

It provides registration for principal employer and license for contractor to whomthis Act is applicable. It also provides Registering/ licensing Officer for this purpose. Itspecifies duties/responsibilities of Contractor and liabilities of principal Employers.

It also provides “Displacement Allowance” and “Journey Allowance” besides otherfacilities to Inter-State Migrant Workers. Wages shall pay in cash to him. Section 21and 22 deals with other special provisions for their employment. In case theoutsourcing agencies or security agencies are providing staff or security guards, fromany other state, they must be insisted to register under the Act when such workmenhave been brought by a middle men/ contractor.

7. THE MINIMUM WAGES ACT, 1948

The minimum wages Act provides for payment of minimum statutory wages toworkers. It applies all industries given in Schedules of this Act. The Centre and StateGovernment is empowered to add any other industry in this Schedule. This Act isapplicable even if there is single employee.

The minimum wages are fixed by central and state Governments. The Employerwho pays wages less than minimum wages fixed by Govt. is punishable under this Act.The employees are entitled to receive minimum wages as per the notification issuedby the Government for such employment in which the workers are engaged.

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The Act also provides maximum hours, weekly rest days, and overtime-relatedprovisions. The Govt. AP revises the VDA Points once in every six months and everyemployer is bound to pay the said wages with periodical increase.

Minimum wages includes all emoluments paid to an employee under the terms ofcontract whether express or implied and no need of paying VDA if the minimumamount of wages are paid by including all allowances. (Air Freight Vs state ofKarnataka. 1999-ll LLJ -705. SC.)

8. THE PAYMENT OF BONUS ACT, 1965

This Act makes bonus payment mandatory for every factory (employing ten ormore employees) and other establishment employing twenty or more employees.Every employee who works for 30 days in an accounting year is entitled for Bonus.Section-9 of Act deals with the conditions which disqualifies an employee to receivebonus. 8.33% of wages/salary is minimum bonus to be paid and Maximum limit is20%. Bonus is to be paid within 8 months of closing the accounting year.

New establishment are given relaxation in payment of bonus up to first Fiveyears of their operation. However, during the first five years also if the establishmentearns profit, the Bonus is required to pay from that accounting year.

FURTHER PROPOSED AMENDMENTS

· Minimum Bonus is being enhanced from 8.33% to 11%.

· The effective year for Payment Bonus Accounting Year is 2009-2010.9 (Notgiven effect).

Employees employed through contractors on building operations eligible forpayment of bonus under the Act.

THE PAYMENT OF BONUS (AMENDMENT) BILL, 2012.

The Bill proposes to amend definition of "employee" as given in sub-section (13)of Section 2 of the Payment of Bonus Act, 1965 which at present entitles only thoseemployees who are employed on a salary or wage not exceeding ten thousand rupeesper mensem. More so, section 12 prescribes the limit of three thousand five hundredrupees per mensem for calculation of bonus with respect to the employees.

Therefore, the Bill proposing amendment to section 2 and section 12 of the Actseeks to achieve the aforesaid objectives.

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9. THE PAYMENT OF GRATUITY ACT, 1972

It is applicable to all industries/establishments employing ten or more persons.The Act provides for payment of lum sum amount for employees who had worked formore than five years at the time of leaving the service. The condition of five yearsservice is not applicable in case of employee's death.

The Gratuity has to be paid @ 15 days salary (Basic and DA) for every year ofservice. The Maximum of Gratuity can be paid is Rs.10,00,000/-. In seasonal industryit is paid @ 7 days salary after every year of service. Government of AP have amendedSec.4A of the Act and accordingly all the employees are required to be covered under

thGroup Gratuity Scheme w e f 4 March 2011.

Section-4 (6) of this Act deals with conditions regarding forfeiture of Gratuity ofan employee.

PROPOSED PAYMENT OF GRATUITY (AMENDMENT) BILL, 2012

The sub-section (2) of Section 4 of the Payment of Gratuity Act, 1972 providesfor payment of gratuity to the employees at the rate of fifteen days' wages based onthe rate of wages last drawn for every completed year of service. In today's world ofhigh prices and inflation, the gratuity of fifteen days wages for every completed year istoo meager. At such a small rate, a person cannot get enough amount for postretirement settlement. It should therefore be at least at the rate of thirty days' salaryfor every completed year of service.

Therefore a new Bill was proposed with amendments to Section 4 of the Actseeks to achieve the aforesaid objectives.

10. THE PAYMENT OF WAGES ACT, 1936.

The Payment of Wages Act is enacted for timely payment of wages to workersand also describes the deductions can be effected from the wages of the workers. It isapplicable to all types of industrial establishments.

The Act fixes responsibility for Payment of Wages, Provisions of fixation of wageperiod (wage period can be fixed for maximum one month).

Wages are to be paid within 7 days of expiry of wage period (in case of less than

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1000 employees) and within 10 days in other cases. The Act also describes aboutvarious deductions, which can be made from wages. Maximum 15% of wages can bededucted under various deductions. In case of payment to Housing Co-operativeSociety, these deductions can go up to 75% of wages.

thAMENDMENT; MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION Dated 11September 2012.

S.O.No.2260(E)- In exercise of the powers conferred by sub-section (6) ofSection 1 of Payment of Wages Act, 1936 (4 of 1936), the Central Government, on thebasis of figures of the Consumer Expenditure Survey, published by the NationalSample Survey Organization, specifies Rupees eighteen thousand per month asthe wages under said sub-section (6).

* The Govt. of A.P. vide G.O.Rt.No.591, Dated: 31.3.2011 issued a direction to allthe employers to pay wages to all the employees either by cheque or bycrediting the wages in their Bank account.

In view of the same the cash payment to the employees is now withdrawn.

11. THE TRADE UNIONS ACT, 1926.

Any 7 persons working in a factory or establishment can form a Trade Union.The union should always have to maintain 10% of the total strength as theirmembers. Ministers are not allowed to become office bearers of any trade union.

It describes about objects on which Trade Union fund can be spent. The TradeUnions are also liable to file returns to Registrar. It also contains provisions regardingdisqualification of office bearers of Trade Unions. This Act regulates the conditions ofregistration-dissolution and in case the Registrar of Trade union wants cancel theRegistration of any trade union, he should give 60 days' notice.

The code of discipline will be followed for deciding the majority in case if morethan two unions are existing.

12. THE EMPLOYEE'S COMPENSATION ACT, 1926.

rdA. Workmen Compensation Act is amended as “Employee Compensation Act”.(23Dec 2009)

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B. The minimum compensation limits on no-fault basis are increased to Rs.1,20,000& 1,40,000 (erstwhile limits being Rs. 80,000 & 90,000).

C. The wage for the purpose of calculation is revised as Rs.8,000/- per month fromRs.4000/- (WEF 31.05.2010)

This Act provides compensation to workers or their dependants in case ofaccident or injuries during their employment. This accident should cause disablementor death to worker. The Act is also applicable in case of occupational diseases (whichare due to certain conditions of some works).

This Act is applicable to Establishments given in Schedule-II and III of this Act.However, it is not applicable to factories and Establishments which are governed by“Employees State Insurance Act”. All the employees without any salary limit anddesignation are covered under the act.

Any accident arising out of willful disobedience of Safety Rules, disregard ofsafety device or under influence of drinks, drugs, the compensation is not payable. Incase of Death of any workman, the compensation should be deposited with LabourDepartment under this Act who disburses the compensation.

An employee also entitled for compensation, in case he met with an accidentwhile coming to the work or going from work, provided there is a nexus between theaccident and his employment.

13. A.P LABOUR WELFARE FUND ACT; 1987.

All the employees has to worked for the period of 30 days in a year are coveredunder this act, except those who exercise managerial power and enjoying powers ofappointment and are in ultimate control of all affairs. All the factories andestablishment are covered under this act. Every employer is required to contributeRs.5/- per year, and every employees is required to contribute Rs.2/- per year to thefund.

The fund will be utilized for the Welfare, Health of the workers through Labourdepartment.

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14. THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.

This Act prohibits the employment of any child below the age of 14 years. Itprohibits their employment totally in hazardous operations and employment ofdomestic child labour is punishable under the Act with a fine of Rs.10,000/- orimprisonment for 3 years.

The Shops & Establishment Act totally prohibits child labour under Sec.20 of theAct and as such is punishable under the Act.

15. THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUSPROVISIONS ACT, 1952.

This Act is applicable to all establishments mentioned in the schedule andapplies to all industries and establishments employing 20 or more employees. The Acthas three schemes:-

1. Employee's Provident Fund Scheme.

2. Employee's Family Pension Scheme.

3. Employee's Deposit Linked Insurance Scheme.

It is a contributory fund for the future of employee after his retirement.Employee and Employer both contribute in this fund@12 % on Basic wages, employeehas to pay 12% of their wages towards this contribution. At present all the employeesdrawing the basic wages upto the limit of Rs.6500/- per month are entitled to becovered under the Act. However, there is a proposal to increase the said salary limit toRs.15000/- per month.

Provident fund is payable to employee after his retirement. In case of its earlydeath, it is payable to person nominated by him or his legal heirs. Some part ofProvident Fund can be withdrawn before retirement for construction of House,Children Marriage, etc.

Employee's Family Pension Scheme:- If contribution is made to this scheme forminimum period of 10 years, the employee becomes eligible for pension afterretirement. In case of his early death, heirs are eligible for pension (only one timecontribution is sufficient for pension in case of death - 10 years contribution is notnecessary - subject to certain conditions.)

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Employee's Deposit Linked Insurance Scheme:- Under this Scheme employee's get benefit of Insurance for his/her Life. The contribution towards this fund is made byEmployer @ .5% of Employee's wages.

16. THE EMPLOYEES STATE INSURANCE ACT, 1948.

This Act is applicable to all the factories which fall under Factories Act. OtherEstablishments which have 10 or more employees are covered by this Act. Anyemployee who receives wages up to Rs. 15,000/- p.m. is eligible to take benefitsunder this Act and an employee who draws more than Rs.15,000/- is exempted fromthe applicability of the Act. However, This Act at present not applicable forconstruction works or sites, but the administrative offices are covered under the act.

Contribution by both Employee and Employer are made to this Corporation. Therate of contribution for employees is 1.75% while in case of Employer it is 4.75% ofEmployee's wages.

The Workman Compensation Act is not applicable where this Act isimplemented. Similarly a woman employee exceeding wages up to Rs. 15,000/- p.m.is not entitled to receive maternity benefit from her Employer. These benefits will beextended by E.S.I. Corporation to insured persons. Conveyance Allowance isexcluded for the purpose of wage and hence no contributions are payable in the stateof A.P, and the ESI Corporation cannot claim contributions and cannot insist forproduction of Previous Records for inspection beyond five years.

17. THE EQUAL REMUNERATION ACT, 1976.

This Act is enacted to prohibit discrimination of women in the matter ofremuneration (Pay/Wages) with men. It provides equal pay to men and women forsame work or work of similar nature. It also prohibits discrimination while recruitingmen and women workers (except where the employment of women in such work isprohibited or restricted by any law).

The Labour Department enforces the above act and launches action against theemployer when there is a difference of wages between men and women employeeperforming the same nature of work.

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18. THE MATERNITY BENEFIT ACT, 1961.

This Act made provisions for payment of wages to a woman during leave periodfor giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.

The Maternity Benefit Act, amended to enhance the medical bonus fromRs. 250/- to Rs. 2,500/-and also empowering the Central Government to increase itfrom time to time before every three years, by way of notification in the OfficialGazette, subject to a maximum of Rs.20,000/-, where the employer has not providedpre-natal confinement care or post-natal care to a woman.

A woman employee is entitled for full wages during leave for aforesaid reasons.The leave period for delivery of child is 12 weeks while in case of miscarriage, it is6 weeks. For other reasons, it is one month.

This Act does not apply to any factory or establishment to which “Employees StateInsurance Act” is applicable. Any women employee drawing salary of more thanRs. 15,000/- is also not entitled for this maternity benefit.

A notice for claim of this benefit is to be given by women to employer. Employer isprohibited to dismiss the women employee during the entitlement of this benefit.Section 18 of this Act described the conditions when this benefit can be forfeited.

Provisions for Inspectors to implement this law are also made. Inspectors aregiven to power to direct employer to make payment under this Act.

19. Sexual Harassment of women at Workplace (Prevention, prohibitionand redressal Act) 2013, came in to effect from 9-12-2013.

The Act is to ensure safe environment for women at workplaces in public and private organizations as well as unorganized sectors.

This Act also provides protection not only to the women employees who areemployed but also to all the women who enters into the workplace as a client,customer etc., Every employer is required to constitute an internal complaintscommittee.

The Act makes it mandatory for all establishments with 10 or more employeesto have an internal complaints committee to address the grievances in a stipulated

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time or face penalty. It should consist of A Presiding Officer who shall be a womanemployed at senior level. In case not available, to be nominated from any other officesor administrative units of the workplace. Similarly not less than two members who arecommitted to the cause of woman or had experience in social work or having legalknowledge. One member to be appointed from NGOs or any other associationcommitted to the cause of women or a person familiar with the issues relating tosexual harassment.

One half of the total members so nominated shall be women. A Complaint shouldbe disposed within three months from the date of incident. Conciliation is alsoprovided for settlement. During the pendency of the enquiry, the victim will be givenoption to seek interim relief.

20. INDUSTRIAL EMPLOYMENT STANDING ORDERS 1946

This act is made requiring employers in industrial establishments firmly todefine conditions of employment under them. It applies to every industrialemployment wherein 50 or more workmen are employed or were employed on any day in the preceding 12 months.

Every employer within six months from the date on which the Act becomesapplicable shall submit five copies of draft standing orders proposed by him to thecertifying officer. Such draft standing orders as far as practicable should be inconformity with model standing orders. The standing orders which are finally certifiedbe liable for modification only after expiry of six months from the date on which thestanding orders are last modifications came into operation.

The model standing orders will temporarily apply to the industrialestablishments till the standing orders are finally certified under the Act. The abovestanding orders as on date are applicable to the IT sector and allied units in the state.

21. MOTOR TRANSPORT WORKERS ACT 1961.

This Act was made with an intent to provide welfare to the motor transportworkers and to regulate the conditions of their work. It applies to every to every motortransport undertaking employed five or more transport workers.

All the persons who are employed in a motor transport undertaking directly orindirectly whether for wages or not are to work in a professional capacity on transport

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vehicle or to attend the duties in connection with arrivals, departures, loading orunloading of such transport vehicles and includes driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time keeper,watchman or attendant were covered under the Act and they will be considered asmotor transport workers.

The employers are required to maintain canteen, rest rooms and also requiredto provide uniforms and medical facilities, first aid facilities as per requirement and asper State rules any establishment employing more than 100 workers they have toprovide canteen facilities and rest rooms where there is a need of night halt.

The Act also deals with the working hours, daily intervals of rest, spread over,split duty and weekly rest.

All the adult motor transport workers are entitled for extra wages in case theyworks more than 8 hours in a day at the rate of twice their ordinary rate of wages.Such workers are also entitled for annual leave with wages.

The workers governed by the provisions of A.P. Shops & Establishment Act andFactories Act are not governed Motor Transport Workers Act.

22. EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OFVACANCIES) ACT, 1959.

The object of the Act is to provide for the compulsory notification of vacancies ofemployment exchanges:

Establishment in private sector” means an establishment which is not anestablishment in public sector and where ordinarily twenty-five or more persons areemployed to work for remuneration.

The employer in every establishment in public and private sector in that state orarea shall furnish such information or return as may be prescribed in relation tovacancies that have occurred or are about to occur in that establishment, to suchemployment exchanges as may be prescribed. Similarly, at least 15 days beforethe applicants will be interviewed, a notification should be given to the concernedemployment exchange about the vacancies and thereafter the result of selectionshould also be intimated within 15 days after the selection.

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The Act does not apply to any employment in agriculture, horticulture, anyemployment in domestic service, any employment in which the total duration is lessthan three months, any employment to do unskilled office work and any employmentconnected with the staff of parliament. similarly, vacancies in any employment whichcarries a remuneration of less than sixty rupees in a month.

Nothing in sub-sections (1) and (2) shall be deemed to impose any obligationupon any employer to recruit any person through the employment exchange to fill anyvacancy merely because that vacancy has been notified under any of those sub-section.

Every employer should also submit quarterly returns in Form ER-I and biannualth st th streturn in Form ER-II within 30 days by 30 June, 31 March, 30 September and 31

December.

If any employer contravenes the provisions of the Act, only fine will be imposedand no imprisonment is prescribed under the Law.

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GOVERNMENT OF ANDHRA PRADESH ABSTRACT

Andhra Pradesh Shops and Establishments Act, 1988 – Exemption from theprovisions of Sections 15 ,16,21,23,31 and in respects of section 47 (1) (2) (3) and(4) of the Andhra Pradesh Shops and Establishments Act, 1988 to all InformationTechnology Enabled Services (ITES) and Information Technology Establishmentin the State of Andhra Pradesh – Extension of exemption for a further period offive years with effect from 30.05.2013 – Orders –Issued.

LABOUR EMPLOYMENT TRAINING AND FACTORIES (LAB.IV) DEPARTMENT

G.O.Ms.No. 22 Dated: 21.06.2013 Read the following :-

1. G.O.Ms.No.16, LET&F (Lab.II) Department, dated: 30.05.2002.2. G.O.Rt.No.1840, LET&F (Lab.II) Department, dated: 05.8.2002.3. G.O.Rt.No.2513, LET&F (Lab.II) Department, dated: 02.12.2002.4. G.O.Rt.No.1648, LET&F (Lab.II) Department, dated: 31.07.2006.5. From the Commissioner of Labour, Andhra Pradesh, Hyderabad, Letter

No.I1/6260/2007, dated: 15.05.2007.6. G.O.Ms.No.53, LETF Department, dated: 20th June, 2007 7. From the Addl. Commissioner of Labour (FAC), Hyderabad,

Lr.No.N/2230/2012, dated: 18.4.2012 8. G.O.Ms.No.62, LETF Department, dated: 30.05.2012. 9. From the COL Lr.No.N2/2230/2012, dated 22.05.2013

* * * ORDER:

In the G.O. 1st read above, Information Technology Enabled Services andInformation Technology Establishments were granted exemption from theprovisions of sections 15, 16, 21, 23, 31, and 47 (1) (2) (3) and (4) of the AndhraPradesh Shops and Establishments Act, 1988 (Andhra Pradesh Act 20 of 1988)for a period of (5) years from 30.05.2002 and also granted exemption in GO 6th

read above for further period of 5 years with effect from 30.05.2007 subject to theconditions laid down therein and further amendments issued subsequently.

In the G.O. 8th read above Govt., have extended the exemption for a furtherperiod of one year with effect from 30.05.2012 and also requested to furnishproposals for constitution of a Tripartite Committee. In the meanwhile the IT&CDepartment has requested not to conduct surprise checks on IT & ITEC Industry in the State of Andhra Pradesh and requested for exemption.

3. On the request of the Information Technology & CommunicationsDepartment, and the report thereon of the Commissioner of Labour, Andhra

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NIRANJAN RAO ASSOCIATESsections 15, 16, 21, 23, 31 and sub-sections (1) (2) (3) and (4) of section 47 of theAndhra Pradesh Shops and Establishments Act, 1988 to all InformationTechnology Enabled Services (ITES) and Information Technology Establishmentsin the State of Andhra Pradesh that are defined in G.O.Ms.No.5, InformationTechnology and Communication Department dated;28.1.2002, for a further periodof five years with effect from 30.05.2013 subject to the following conditionsnamely:-

a) Weekly working hours for an employee shall be 48 hours. For the workdone beyond 48 hours, employee is entitled for overtime wages.

b) Every employee shall be given a weekly off.

Pradesh, Hyderabad Government have decided to extend the exemption for afurther period of five years with effect from 30.05.2013.

Accordingly, the following notification will be published in the AndhraPradesh Gazette:

NOTIFICATION

In exercise of the power conferred by sub-section (4) of section 73 of theAndhra Pradesh Shops and Establishments Act, 1988 (Andhra Pradesh Act 20 of1988), the Government of Andhra Pradesh hereby exempts from the provisions of

c) The management is permitted to engage young and women employeesduring the night shift subject to provision of adequate security during thecourse of employment and to and fro transport from their respectiveresidences.

d) Every employee shall be provided with identity cards and all other welfaremeasures to which they are eligible as per the rules in force.

e) Every employee shall be given a compensatory holiday in lieu of notifiedholidays, with wages under the proviso to sub-section (2) of section 31 ofthe Andhra Pradesh Shops and Establishments Act 1988 if they work onnotified holidays.

f) The companies shall obtain Bio-data of each driver and conduct pre-employment screening of the antecedents of all drivers employed on theirown or through outsourcing. The details such as driving license,photographs, address, telephone No/Mobile No. etc. of drivers shall beavailable with the respective companies.

g) The schedule and route of the pick up and drop shall be decided by thesupervisory officer of the company on every Monday (if Monday is holidaythe next working day in a week). In case of exigencies change ofdrivers/routes/shifts shall be allowed only with the prior knowledge ofsupervisory officers/employees.

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(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

J.C. SHARMAPRINCIPAL SECRETARY TO GOVERNMENT

o) General exemption from maintenance of various statutory registers in hardcopies and recognition of soft copy of Registers as sufficient compliance.

h) The telephone number particularly mobile phone numbers and addresses ofthe women employee shall not be disclosed to unauthorized persons.

i) Careful selection of routes shall be made in such a way that no womenemployees shall be picked up first and dropped last.

j) It is desirable that the company shall provide security guards for night shitvehicles.

k) The designated supervisors of the company shall randomly check thevehicle on various routes.

l) Company shall have a control room/ travel desk for monitoring vehiclemovements; and

m) The exemption granted in these orders may be revoked at any time withoutany prior notice.

n) The time after / before which security should be provided to womenemployees for cab drop offs / pic ups should be specified. Suggested asbefore 6 am and after 8 pm.

ToThe Commissioner of Printing, Stationery & Stores Purchase, Andhra Pradesh,

Hyderabad with a request to publish in the A.P. Gazettee and furnish 10copies to Government and 25 copies to Commissioner of Labour, AndhraPradesh, Hyderabad.

The Commissioner of Labour, Andhra Pradesh, Hyderabad.Copy to: The Information Technology and Communications Department,

Andhra Pradesh, Hyderabad.The Law (B) DepartmentSF/SC

//FORWARDED:: BY ORDER//

SECTION OFFICER

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MINIMUM RATES OF WAGES UNDER A.P. SHOPS & ESTABLISHMENT ACT.with effect from 01.04.2014 to 30.09.2014

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NOTES

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