..Labour Laws..

> The Industrial Disputes Act, 1947

> The Industrial Employment (Standing Orders) Act, 1946

> The Minimum Wages Act, 1948

> The Payment of Wages Act , 1936 � ( Mines, Major Port and Air Transport Services)

> The Contract Labour (Regulation and Abolition) Act 1970

> The Maternity Benefit Act 1961

> The Child Labour (Prohibition and Regulation) Act, 1986

> Hours of Employment Regulations for Railway Servants

> The Payment of Bonus Act,1965

> The Payment of Gratuity Act, 1972

> The Equal Remuneration Act , 1976

> Inter state Migrant Workmen (Regulation of employment of and condition of Service) Act 1979

> The Building and Other Construction Workers (Regulation of Employment and Condition of Services) Act

1996

> 20

For 20 - Rs.15

For 21 Workmen less than 50 - Rs. 37.50

For 51 Workmen less than 100 - Rs. 75



For 401 and above - Rs. 375.00

> Rs. 90/- per Workmen i.e for 20 Workmen 20 x Rs.90 = Rs.1800/-

> Demand Draft

> DDO and Assistant Labour Commissioner (Central),

General

1. What are the labor enactments available for the benefit of Workmen under the CentralSphere ?

The Contract Labour ( Regulation and Abolition ) Act 1970

1. What is the minimum no. of workmen for whom labour licence is required to be obtained?

2. What is the Licence fee to be remitted along with the application Licence?

3. What is the security deposit to be remitted along with the application for Licence?

4. What is the mode of payment of Licence fee/security deposit?

5. In whose favour demand draft is to be obtained?

6. What are the documents to be attached along with the application for licence?

S.V. .Raju

VEERRAJU SUNDARA

> Form IV, Copy of Work Order , Proof of status of Contractor�s firm, Form V , Demand Draft

> Thirty days before the date of expiry of licence

For 20 - Rs. 15

For 21 Workmen less than 50 - Rs. 37.50




For 401 and above - Rs. 375

> Abstract of Act, Notice showing rates of wages, date of payment of wages , date of payment of unpaid

wages, Hours of work,

> By 7th of every month where number of workmen is less than 1000

> By 10th of every month where number of workmen is above 1000

> Canteen (if 100 workers were/are working)

> Rest Room (if workers are night halting)

> Drinking Water

> Toilets/ Urinal/Wash Room

> First Aid facility

> One year from the date of issuance

> Original Licence should be returned alongwith application for amendment , additional security deposit

and additional licence fee as per schedule

> Fee of Rs.5 /- to be remitted alongwith a request

> Employment card specifies the particulars of contract workmen engaged by the contractor . The

Contractor has to issue employment card duly filled in to the workmen within 3 days of the employment.

7. When the application for renewal of a Licence is to be submitted?

8. What is the renewal fee to be attached?

9. What are the notices / abstract to be displayed at the workspot?

10. When the wages to contract workmen should be paid?

11. What are the welfare amenities to be provided to workmen under the act?

12. What is the validity period of licence?

13. What should be done to increase the no. of workmen in a licence during the period ofoperation of licence?

14. What is the procedure for the issuance of a duplicate licence?

15. What is an employment card?

S.V. .Raju

VEERRAJU SUNDARA

> Yes

> No

> Under the Act, every employer is liable to give a wage slip-specifying wages rates and other particulars

alongwith the payment

> Yes, your establishment will be covered under the provisions of the Act for a period of one year from

the day of 20 or more workmen lastly employed

> If principal employer endorses the name of sub contractor in the agreement , after having Form V from

principal employer , a sub contractor can apply for licence.

> Original licence alongwith requisite additional licence fee and additional security deposit, if any as per

schedule with the request specifying the amendment details to be furnished

> Yes

> 10

Rs.100/- for workmen less than

Rs.500/- for workmen above

16. Whether a workmen is eligible for wages during the Rest day / Weekly off?

17. I am having 19 labourers, whether my establishment will be covered under the ContractLabour (R &A) Act 1970?

18. What is a Wage Slip?

19. Earlier I employed 22 Labourers, now I have reduced to 18 workmen , whether myestablishment has to continue with the Labour licence or surrender?

20. Is a sub contractor supposed to take Labour Licence?

21. What is the procedure for any amendment of Licence?

22. I employed 20 workers only on one day : will my establishment be Covered under Contract Labour (P&R) Act, 1970?

The Building and Other Construction Workers (Regulation ofEmployment and Condition of Services) Act 1995

1. What is the minimum no. of workmen for whom certificate of Registration is required to beobtained?

2. What is the fee to be remitted alongwith the application of registration?

S.V. .Raju

VEERRAJU SUNDARA

> Demand Draft from a Nationalized Bank



> Form I, Copy of Work Order , Proof of status of Contractor�s firm, Demand Draft

> Abstract of Act, Notice showing rates of wages, date of payment of wages , date of payment of unpaid

wages, Hours of work,

> Canteen ( if 100 workers were/are working)

> Rest Room (if workers are night halting)

> Drinking water

> Toilets/ Urinal/Wash Room

> First Aid facility

Five only

For 5 workmen less than 20 - Rs. 10






The licencing officer shall prepare an estimate of the amount needed to provided for recruitment or

employment of migrant workmen. The Security Deposit shall not exceed 40% of the amount estimated by

3. What is the mode of payment of fee?


5. What are the documents to be attached along with the application for registration?

6. What are the notices / abstract to be displayed at work spot?

7. What are the welfare amenities to be provided to workmen under the Act?

Inter state Migrant Workmen (Regulation of employment of andcondition of Service) Act 1979

8. What is the minimum no. of workmen for whom Licence is required to be obtained under theAct?

9. What is the Licence fee to be remitted along with the application of Licence?

10. What is the security deposit to be remitted along with the application for Licence?

S.V. .Raju

VEERRAJU SUNDARA

him.

Demand Draft



> Form IV, Copy of Work Order , Proof of status of Contractor�s firm, Form V , Demand Draft

> Thirty days before the date of expiry of licence.

> Original licence alongwith requisite licence fee as per schedule with the request specifying the facts to

be amendment to be furnished

> Abstract of Act, Notice showing rates of wages, date of payment of wages, date of payment of unpaid

wages, Hours of work.

> By 7th of every month where workmen is less than 1000

> By 10th every month where workmen is above 1000

> Medical facilities

> Protective clothing

> Drinking water, latrines, urinals and washing facility

> Rest rooms(if workers are night halting)

> Canteens(If 100 workers were/are working)

> Creche

Payment of wages in particular form and at regular intervals without any unauthorized deductions is the

object of this Act

11. What is the mode of payment of Licence fee/security deposit?


13. What are the documents to be attached along wih the application for licence?

14. When the application for renewal of a Licence to be submitted?

15. What is the renewal fee to be attached?

16. What are the notices/abstract to be displayed at work spot?

17. What should be the date of payment of wages to Migrant workmen?

18. What are the welfare amenities to be provided to workmen under the Act?

The payment of Wages Act � Mines, Major Port and Air TransportServices

19. What are the main provisions of the payment of Wages Act?

20. What is the ceiling of salary for applicability of the Act?

S.V. .Raju

VEERRAJU SUNDARA

Rs.10,000/-

> Register of Wages

> Muster Roll

> Register of OT/Fines/Advances

> Register of Deduction/Damages

> Measurement slips

> Construction Building Operation

> Watch and Ward (Security Services)

> Sweeping and Cleaning

> Loading and Unloading Operations in Railway Good shed

Schedule of Rates of Wages

> Register of Wages

> Muster Roll

> Register of OT/Fines/Advances

> Register of Deduction/Damages

> Wages Slip

> Yes; Central Government and each State Government/UT administration, notify the Minimum rates

of wages in respect of a scheduled employment separately from time to time. The rate notified by

Central Government or the Concerned State Government/UT administration , whichever is higher will be

made applicable .

> An aggrieved employee can file a Claim Application requesting relief before the Authority under the Act

> Employee, any legal practitioner or any official of a registered trace union authorized in writing to act,

any Inspector under the Act with the permission of Authority can file claim.

21. What are the registers / records to be maintained by the employer under the Act?

The Minimum Wages Act

22. What are the Scheduled Employments under the Minimum Wages Act in the CentralSphere?

23. Minimum rates of Wages fixed under various categories of employment in Central Sphere?

24. What are the registers/records to be maintained by the employer under the Act?

25. Do the Minimum Wages rates in the Central sphere differ from the wage rates in the StateSphere/UT administration?

26. What should be done when employer pays less than the prescribed Minimum Wage?

27. Who can file Claim application?

S.V. .Raju

VEERRAJU SUNDARA

> Regional Labour Commissioner (Central),

The Act provides for the payment of equal remuneration to men and women workers and for

prevention of discrimination , on the ground of sex , against workmen in the matter of employment and for

matters connected there with or incidental thereto.

Form B Register

Regional Labour Commissioner (Central)

> 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, on his superannuation or on his retirement or resignation

or on his death or disablement due to accident or disease. (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

> An employee shall be said to be in continuous service for a period if he has, for that period, been in

uninterrupted service including service which may be interrupted on account of sickness , accident , leave ,

absence from duty without leave . lay-off, strike, or a lockout or cessation of work not due to any fault of

the employee

> Concerned Assistant Labour Commissioner (Central)

> Regional Labour Commissioner (Central), of the concerned region.

> The gratuity shall be paid at the rate of 15 days wages for every completed year of services, however,

not exceeding Rs. lakhs

28.Who is the Authority to hear claim application under the Act for the

The Equal Remuneration Act

28. What are the main provisions of Equal Remuneration Act?

29. What are the registers to be maintained under the Act?

30. Who is the authority to hear Claim petition under the Act?

The Payment of Gratuity Act

31. What is the eligibility criteria for the payment of Gratuity to Workmen?

32. What is a �Continuous service� under the Act?

33. Who is the controlling authority under the Act in the Central sphere?

34. Who is the appellate authority under the Act?

35. What will be the minimum and maximum amount of Gratuity payable under the Act to theeligible Workmen?

S.V. .Raju

VEERRAJU SUNDARA

> An employee sho is eligible for payment of gratuity under the Act , or any person authorized, in writing,

to act on his behalf , shall apply, ordinarily within thirty days from the date of gratuity became payable in

Form I to the employer

> Employee, nominee or a legal heir of an employee

> If a employer refuses to accept a nomination or to entertain an application sought to be filed under rule

7

> Where an employer fails to pay the gratuity , the employee concerned or his nominee may apply to the

controlling authority in duplicate in Form T for recovery thereof under section 8 of the Act

> An act to provide for the payment of bonus to persons employed in certain establishments on the basis

of profits or on the basis of production or productivity and for matters connected therewith

> Every factory and every establishment in which 20 or more persons are employed on any day during an

accounting year will be covered under the act

> Rs.10,000/-

> Form A,B.C,D Register (Also to be supplemented with

> When allocable surplus exceeds the amount of minimum bonus payable to the employees, the employer

shall be bound to pay to every employee an amount in proportion to the salary or wage earned by the

employee during the accounting year subject to a maximum o0f 20%

> Yes

36. How an application of Gratuity should be made?

37. Who can submit an application for Payment of Gratuity?

38. Under which occasion workmen can make an application to the controlling authority fordirection?

39. Whether there is any provision available for recovery of gratuity from the employer underthe Act?

The Payment of Bonus Act

40. What are the main provisions of the Payment of Bonus Act?

41. Which establishments are covered under the Act?

42. What is the ceiling of salary for eligibility for the payment of Bonus under the Act?

43. What are the registers/records to be maintained by the employer under the Act?

44. Whether I will be eligible for 20% Bonus?

45. Whether customary Bonus is mandatory?

S.V. .Raju

VEERRAJU SUNDARA

> In the first five accounting years following the accounting year in which the employer sells the goods

produced or manufactured by him or rnders services, as the case may be, from such establishment, bonus

shall be payable only in respect of the amounting year in which the employer derives profit from such

establishment.

> Minimum � 8.33% and maximum � 20%

> Yes,

> Bonus becomes payable within a period of eight months from the close of the accounting year

> Award means an interim or final determination of any industrial dispute or of any question relating

thereto . The determination must be by any Labour Court, Industrial Tribunal, or National Tribunal . It

includes an arbitration award made under Section 10A

> Closure means the permanent closing down of a place of employment or part thereof

> Lay off means putting aside workmen temporarily, An employer, who is willing to employ, fails or

refuses or is unable to provide employment for reasons beyond his control

> Lock Out means the closing of a placement of employment, or the suspension of work, or the refusal by

an employer to continue to employ any number of persons employed by him

> Workmen who have completed one year of services shall be eligible for compensation equal to fifty per

cent of total of the basic wages and dearness allowance .

> Retrenchment means the discharge of surplus labour by the employer for any reason whatsoever,

otherwise than as a punishment inflicted by way of disciplinary action

46. I am working in a new company, whether I am eligble for Bonus?

47. What is Minimum/Maximum Bonus payable?

48. Whether I am eligible for getting Bonus even if my employer has not earned profit?

49. When bonus becomes payable?

The Industrial Disputes Act, 1947

50. What is an award under the ID Act, 1947?

51. What is closure under the ID Act, 1947?

52. What is lay off under the ID Act, 1947?

53. What is Lock out under the ID Act, 1947?

54. What are the right of workmen laid off for compensation?

55. What is retrenchment under the ID Act, 1947?

S.V. .Raju

VEERRAJU SUNDARA

> In the absence of any agreement between the employer and the workman , the employer shall

ordinarily retrench the workman who was the last person to be employed in that category

> Settlements envisages two categories of settlements; one is a settlement which is arrived at in the

course of conciliation proceedings and the other one is a written agreement between employer and

workmen arrived at otherwise than in the course of conciliation proceeding

> The works committee shall consist of equal number of representatives of employer and workmen to

promote measures for securing and preserving amity and good relations between the employer and

workmen engaged in the establishment

> One hundred or more workmen

> If no settlement is arrived at during the conciliation, the conciliation officer will send a report (Under sec

12(4) to the Government soon after the close of investigation setting forth the steps taken by him for

ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement

together with full statement of such facts and circumstances and the reasons on account of which, in his

opinion, a settlement could not be arrived at.

> Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended ,

it may at any time by order in writing refer the dispute to a Board for promoting a settlement thereof or

refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry or refer

the dispute of any matter appearing to be connected with , or relevant to, the dispute, it if relates to any

matter specified in the second schedule , to a Labour Court for adjudication or refer the dispute or any

matter appearing to be connected with , or relevant to, the dispute, whether it relates to any matter

specified in the second schedule or the their schedule , to a tribunal for adjudication.

> No Workman employed in any industry who has been in continuous service for not less than one year

under an employer shall be retrenched by the employer until, the workman has been given one month�s

notice , the workman has been paid compensation equivalent to fifteen days average pay and notice in the

prescribed manner is served on the appropriate Government

> Chapter VA and VB relates Lay-off and Retrenchment and closure in certain establishments

56. What is the procedure for retrenchment?

57. What is settlement under the ID Act, 1947?

58. What is a works committee under the ID Act, 1947?

59. What is the no. of workmen required in any industrial establishment to form a WorksCommittee?

60. What is the failure of conciliation proceeding under the ID Act?

61. What is Reference for adjudication under Sec 10?

62. What are the conditions precedent for retrenchment Section 25 F(Chapter Va)?

63. What is Chapter V A and V B under ID Act?

64. What is the Jurisdiction of the Labour Court?

S.V. .Raju

VEERRAJU SUNDARA

> The appropriate Government may, by notification in the Official Gazette Constitute one or more Labour

courts for the adjudication of Industrial Disputes relating to any mater specified in the Second Schedule

and for performing which other function as may be assigned to them under the Act

> A Forum for adjudication of industrial disputes relating to any matter, whether specified in the second

schedule or the third schedule

> No employer, who proposes to effect any change in the conditions of service applicable to any

workmen in respect of any matter, specified in the fourth schedule shall effect such change without giving

to the workman likely to be affected by such change a notice in the prescribed manner of the nature of the

change proposed to be effected or with in twenty one days of giving such notice. This section is applicable

on certain conditions.

> Fourth Schedule of Industrial Disputes Act

> The document which shows the duration of the hours of employment and period of rest of the

employee

> The rest granted to railway servant each week or periodically is known as periodic rest

> A period inaction is a period of time during which the employee must remain present on duty at his

place or work although not exercising physical activity or sustained attention

> A long on is a period of duty over 8 hours in the case of intensive workers , over 10 hours in the case

of continuous workers and over 12 hours in the case of Essentially intermittent workers

> Any part of rostered hours of duty which falls between the hours of 10 pm to 6 am shall be treated as

night duty

> Strenuous nature of duty involving continuous concentration or hard manual labour with little or no

periods of relaxation

65. What is Industrial Tribunal?

66. What is the change in service condition under Sec 9A?

67. What are the points enumerated under the fourth schedule of Sec 9A?

Hours of Employment Regulations for Railway Servants

68. What is a Duty Roster?

69. What is Periodic Rest?

70. What is period of inaction?

71. What is Long on?

72. What is Night Duty under the HOER?

73. What is a Intensive Classification?

S.V. .Raju

VEERRAJU SUNDARA

> The employment of railway servant where daily duty hours include periods of inaction aggregating 6

hours or more, including at least one period of not less than one hour or two periods of not less than half

an hour each, during which the railway servant is on duty but is not called upon to display either physical

activity or sustained attention.

> In relation to an establishment under the control of the Central Government or a railway administration

or a major port or a mine or oilfield

> Child means a person who has not completed his fourteenth year of age

> No child shall be employed or permitted to work in any of the occupations set forth in Part A of the

schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on

> Register showing the name of date of birth of every child so employed or permitted to work, hours and

periods of work of any such child and the intervals of rest , the nature of work of any such child .

> An abstract of section 3 and 14 of the Act in Local Language and English

> Establishment being mine or establishment wherein persons are employed for the exhibition of

equestrian, acrobatic and other performance.

> A Child includes a still born child

> Delivery means the birth of a child

> During six weeks immediately following the day of her delivery or her miscarriage

74. What is a Essentially Intermittent classification?

Child Labour (Prohibition and Regulation) Act, 1986

75. What are the establishments (under the Central Sphere) covered under the Act?

76. Who is a Child under the Act?

77. What are the occupations where employment of Child is prohibited?

78. What are the registers to be maintained under Act?

79. What are the notices to be displayed under the Act?

The Maternity Benefit Act 1961

80. What are the establishments (under Central Sphere) covered under the Act?

81. Who is a child under the Act?

82. What is delivery under the Act?

83. When employment of women prohibited under the Act?

S.V. .Raju

VEERRAJU SUNDARA

> Leave with wages during the period of six weeks immediately following the date of miscarriage

> An woman employee who has actually worked in an establishment of the employer from whom she

claims maternity benefit, for a period of not less 80 days in the twelve months immediately preceding the

date of here expected delivery, shall be entitled to maternity benefit

> An abstract of the provisions of the act

> A statement showing conditions of employment

> The Act is applicable to industrial establishment wherein one hundred and more workmen are employed

> Within six months from the date on which this Act becomes applicable to an Industrial Establishment

> Regional Labour Commissioner (Central), of the concerned region.

84. What are the benefits available under the Act?

85. When I am eligible for benefits under the Act?

86. What are the information to be displayed at workspot?

The Industrial Employment (Standing Orders) Act, 1946

87. What is a Standing Order?

88. What is the criteria for applicability of the Act?

89. What is the time limit for submission of a draft Standing Orders under this Act?

90. Who is the Certifying Officer?

S.V. .Raju

VEERRAJU SUNDARA

..Labour Laws..

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