I can count to more than ten the number of times that friends and clients call their HR Managers either useless or jerk or both. Sometimes I wonder how many times I've been called that myself.

Here are some of reasons why HR people are called useless or jerks or both:

1. Useless when they don't go beyond the transactional or administrative nature of the job that include recruiting, timekeeping, payroll processing, records keeping and request fulfillment. People obviously expect more from us without easing our loads with these stuffs. That's why there's technology and automation, let's get our hands to them.

2. Useless when they fail to recognize what the employees need in order to work better. While I believe that human resource development and performance management is everyone's job, it is an important HR Manager's responsibility. If we are not into it now, well, we're not being very useful.

3. Useless when they fail to work with other managers in establishing usefull policies and tools for creating a productive and efficient workplace. A lot of the policies I see circulating are hand-me-downs, and copy-paste, no thanks to the power of technology. I think managers both HR and line, need to sit together and start questioning the usefulness of these policies and tools and retain only those that are useful and create new ones.

4. Useless when they ignore organizational issues that need to be resolved. Some people are naturally conflict averse but I don't think HR can afford to be like that. We need to confront issues and confront people if that is what is needed to make things better.

5. Useless when the HR policies they created and maintain are unclear and therefore useless. Well, if we can't explain the policy no matter how useful we think they are, they are not.

6. Jerks when they try to accumulate too much power for themselves. I've seen this quite a number of times. Some HR Managers tend to hog decision making specially in the area of employee movement, disciplining and policy making. This is just wrong. The more we are able to engage other managers in making these decisions, the better off we are in building partnerships.

7. Jerks when they block other managers developmental initiatives because they believe that organization development is the exclusive province of HR. A line manager thought of an incentive scheme for his staff, the HR Manager criticizes it or block it not because it's not good but because they're not his. That's childish.

8. Jerks when they play politics with the boss by acting as the "eyes and ears" of the boss and telling the boss how messed up the other managers are. To say that this is old school is an understatement.

9. Jerks when they implement policies that are meant to take advantage and impinge on the rights of the employees. Some HR Managers think that they are doing the company a favor by implementing policies that are antilabor like, seasonal employment contracts, unfair working conditions, etc. Well, they're not. They are setting the ground for eventual reprisal that come in many ugly forms. Besides, their souls will burn in hell if they don't stop doing this.

10. Jerks when they behave like taskmasters, making their rounds, finding faults without considering due process and chain of command. There is an old tagalog term called "katiwala" or "kapatas" which loosely translates to taskmaster. The mindset of taskmasters is that everyone is lazy, mindless and up to no good so they have to be watched over so carefully. Some HR Manager seem to think that they inherited this responsibility which they didn't. A taskmaster job is obsolete and an HR Manager who still does this is also obsolete.

I like the term HR Partner which I find being used more frequently now because it describes the role of HR more closely to how I see it. partnership gives the relationship an even ground. HR is not more or less powerful than the units they are partnering with, they are not more or less responsible and accountable. That's what we need to be, an HR Partner.

source : anythinghr.blogspot.comyou can get lot of HR Articles on the above blog

How does the management view employee training and what do they expect from it? This was a question which intrigued us; we wanted to understand how senior employees looked at the training function from a strategic perspective.

This article captures our discussions with employees in Operations, Management, HR & Training departments. We wanted to understand what companies did post the employee evaluations, during succession planning, manpower planning, recruitment and training budget allocation process.

The rest of the article discusses our approach and insights gained.

Key questions asked

1. What is the training process followed by the organization? 2. How were the training needs identified? 3. What is the number of hours of training provided on a yearly basis? Is there any

standardization? Did it change for different types of employees? 4. What are typical training budgets? How are these determined? 5. What is the ratio of in-house versus external training? 6. How was training effectiveness measured? 7. Now that the economy is on an upswing, is there any change in focus on

training?

Common Insights

Some of the common answers we got from our discussions are:

1. Companies consider Employee Training and Development as a Strategic Objective.

2. Training budgets vary between 0.25% to 1.25% of employee costs but we could find no correlation between the budget and the type of industry, growth projections, profitability or any other parameter. Most companies admitted to some budgetary allocations towards skill development.

3. Training was considered to be a line function with responsibility of training with departments to which the employee belonged. HR helped in implementing a training policy framework.

4. Skill based training was imparted to junior level employees and Competency & Leadership development training was imparted to middle management.

5. Job Transfers and cross-function exposure was considered to be an important training criteria for skill development.

6. Training inputs received by an employee were always examined during succession planning as well as career development.

Technology as an aid

Most executives believed that automation could be an effective enabler and help optimize the delivery. The following were the perceived benefits of automating their training function:

1. Competency and skill gap analysis help identify suitable training gaps. This could be done during or post appraisals.

2. 360 feedback surveys help in identifying leadership and competency oriented gaps.

3. Integrating Training Need Identification (TNI) with Employee Development Plans and Training budgets could help in generating effective Training Calendars

4. CBT (Computer based training) cuts the training budgets by over 70% by significantly reducing travel time.

5. Training effectiveness feedback that were filled by trainer, trainee and the line-managers may help measure benefits of training.

6. Linking of PTO (paid-time-off) with Training Nominations and Calendar would increase attendance.

7. An employee database that could capture trainings attended and no trainings attended by employees for analysis and future planning would be extremely helpful.

Automation of training management & employee development function: Organizations need an automated system to manage the training process such that compliance with the training policies is ensured and managers can plan development of their teams using real time data.

EmpXtrack is an integrated web-based solution that meets all requirements connected with Employee training & development. EmpXtrack Training Management software is also available as a stand alone module which can be interfaced with the existing HRMS of an organization.

S.18 ID Act-Settlement arrived at between Parties OTHERWISE THAN CONCILIATION will be binding to parties signing only .When arrived at conciliation proceeding will bind all (even those who have not signed).I have come across this question in my electricity company.Those who have completed prescribed period of service on NMR were given benifit of continuous service.It was a settelement outside conciliation.Management was supporting settelement so issued GSO that these benefit will be given to employee who sign this undetaking saying I am the member of ---------------------------------------(Union,Majority union)I am willing to awail this benefit under the GSO.Coming to legality 1.You can file Writ petition                              2.But you can not contend that as settlement is arrived at with majority union dispute is not maintanable because settlement outside conciliation are binding to signatories only.Minority can raise dispute.And further it is a separate dispute than one which is settled with Majority.so,legal option will not help.You have to take bold HR Management move  as suggested above issuing circular attaching an undrtaking as mentioned above.If your majority settlement is really a benefit to employee, almost all employee will sign it and get benefit even  minority members will also sign.Then problem will remain with some bosses of minority only that can be tackled as now gravity of problem is lessen and can be takled individually saying they have no moral support of members as they claim and they are playing unfair labour pratices.You hane to take speedy and confidential move taking help of majority .I hope you will succeed.(It is assumed that majority settelment is not stayed)Since a dispute is pending of minority union orders can not be passed prejudice to the interest of minority union (S.33) but as undertaking is taken this will not be a problem. 

I have gone through your queries and replies of experts in this regard. I am of the view that under the law the law the only requirement is that the dispute must be a collective dispute. A dispute can become a collective dispute, the workmen of the industry have collective interest in the dispute i.e. if it is espoused, by substantial number of workmen or union ether directly or through the federation to which union is member. The union may majority, minority, registered or even unregistered. If cause of workman/workmen is espoused, it transformed the nature of collective dispute. Thus the espousal of dispute by minority union is perfectly legalNow your second part of query is concerned. Mr. Ahmad has very nicely explained the scope of settlement under the Industrial disputes Act. It depend whether the settlement arrived during the course of conciliation proceeding or outside the conciliation proceedings and also whether the settlement is registered or not. In case, settlement was arrived during the course of conciliation proceedings it is binding to the workmen irrespective of the fact, whether the workman is member of the union or not but if it is outside conciliation proceeding, it binding only to the workmen. Who are member of that particular union and other union can not be compelled to abide the condition of that particular settlement.So far as your query is concerned as to whether the management can file writ against the minority union. My answer if no for the reason mention here in below.1. Firstly union is a private body, no writ lies against it2. Secondly, the union is acting within its right and power under the statutory powers of Trade Unions Act.So for as referring of settlement before the Tribunal/Court, you have every right to refer the same. You can also plead that the workman has received benefits under the settlement as such union is estopped from challenging the settlement etc. 

Month Bill No Date Date of Bill ST Edu SHE Total

payment Amount Cess Cess ST

Apr-10 13 05.05.2010 07/05/2010 164668 16467 329 165 16961

May-10 14 07.06.2010 09/06/2010 195135 19514 390 195 20099

Jun-10 15 07.07.2010 10/07/2010 195190 19520 390 195 20105

Jul-10 16 09.08.2010 12/08/2010 157402 15741 315 157 16213

Aug-10 18 09.09.2010 10/09/2010 115789 11578 232 116 11926

Sep-10 19 07.10.2010 12/10/2010 101562 10156 203 102 10461

Oct-10 20 02.11.2010 03/11/2010 117728 11773 235 118 12126

Nov-10 21 10.12.2010 14/12/2010 107058 10706 214 107 11027

Dec-10 22 05.01.2011 08/01/2011 115576 11558 231 116 11905

Total 1270108 127013 2539 1271 130823

 

A.Recruitment:-1. End to end Recruitment.2. Preparation job expectation & performance metrics of new employees

3. Derive PI pattern (Psychological test).4. Position creation, Hiring, creating appointment order, Confirmation order, Service certificate in SAP

B.Induction:-1.Prepare Induction plan with HOD & assist in Plant round2. Arrange for Safety Training

C. Training and Development:-1. Training needs identification through process of performance appraisal.2. Formulation of training calendar & ensure completion as per calendar.3. Conducting In house and external training programs.4. Evaluation / Feedback of participant regarding quality and content of training program.5. Booking & recording in SAP.

D. Performance Management System:-1. Timely Appraisal of new recruits.2. Facilitating the goal setting process & ensure mid - year review.3. Taking the interviews for promotions.4. Monitoring the annual increments.5. Employees counseling.

E. Compensation Management:-1. Negotiate with the candidates while deciding CTC2. Employee care initiatives3. Conducting & Analyzing Exit Interviews

F. Personnel & Administration:-1. Supervision of Time - Office functions, Employees leave, Muster roll, Over-time & Compensatory-off Administration.2. To control on Security, house keeping, transport facility.3. Preparation of MIS reports.4. Taking forms filled by employees like gratuity nominations, PF nominations, safetypledge etc.

G. Industrial Relations:-1.Responsible for handling employee grievances, union settlement, liaisoning with govt bodies.2.He would be required to redress grievances, administer discipline, conduct inquiries.3.Take care of statutory compliance and labour laws.4.Should have good knowledge in statutory and labour laws.5.Trade and Labour Laws and License s

List the daily duties & responsibilities, starting with the most important responsibility & mention the time spent on each in % value (Maximum 150 characters each)Primary ResponsibilitiesRecruitment: Partnering with the business to identify talent - internally and externally, ensuring

management of the complete recruitment cycle for sourcing the best talent from diverse channels & handling Staffing functionsSelection: Screening and short-listing resumes & conducting Interviews, Skill Tests, etcOn Boarding: Coordinating Pre & Post Joining formalities like medical checks, reference/ background checks, confirmations, etcPerformance Management: Driving Performance Appraisal and Management , KRA/Goal Setting for the upcoming review period, cross functional feedback, self assessment, Core role in identification of Key ResourcesTransfers: Coordinating Transfers/ Postings & issuance of Transfer OrdersHR Communication: Coordinating Communication initiatives taken by CO & facilitating in cascading the same at branch levelEmployee Engagement: Driving employee engagement activities, employee counseling & grievance handlingMIS Reporting: Ensures that the HR reports and MIS are in place, which encompasses the master data of all employees, HRIS report, Recruitment monitoring sheet, etc

KEY ACCOUNTABILITIES/ RESPONSIBILITIESTo lead EE activities for a centre, either having one large process with aheadcount of 1000+ or spanning 2 to 8 processes.Client interface - Liaise with the client from the EE perspective and Attend client meetings andreviews as and when requiredEE Team Management and Development - Coaching the team members , Identifying thedevelopment needs of the team and Supervising the activities of the teamsStrategize and plan the regular steps to be taken by the team to achieve set goalsï ‰ntroduce innovative Reward & Recognition programmes to enhance employee engagementEnsure reduction and control in attrition level across the processesEnsure high satisfaction scores indicative in the monthly Employee Satisfaction Survey.Initiate and plan regular HR Training for all employees with a view to educate employees on Policies,knowledge orientation and self development sessions etc.To manage all Employee Relations and Communications for the center - Ensure that all HRrelated communication is appropriately cascaded, Provide forums for employees to raise issues /concerns and also ensure that the same are effectively redressed and Provide engagement solutionsto address concernsCompliance & Audits - Ensure compliance during client and internal audits, Ensure compliance on allHR activities such payroll, increments, etc

Primary ResponsibilitiesStrategic

Contribute in effective people planning framework and budgeting for all the functions

Ensure employee engagement initiatives across the organization and analyze impact of the same

Preparation of Organization structures for all functions / branches / projects in line with HR philosophy and business strategy and prepare Job description of all unique roles.

Ensure formulation, implementation and updating various HR policies and procedures in line with HR philosophy and Business strategy.

Operational Implement the recruitment management system to capture the staffing needs of various

departments Drive the recruitment process for all the departments/ functions in collaboration with the

relevant Department Heads, based on the profile specifications provided by them Ensure internal customer satisfaction by adhering to preset recruitment lead times, talent

quality and cost Communicate to all employees on internal job postings and proactively seek to fill

vacancies from within the organization Implement and monitor suitable processes of interviewing, selection, joining formalities,

exit interview, relieving and settlement procedures Analyze and report on attrition and exit interview findings Ensure the implementation of the performance management process inclusive of

facilitating the process of KRAs and KPIs for all employees across organization. Ensure the implementation of reward and recognition management process Ensure effective implementation of on-boarding program for smooth induction of new

employees. Ensure the implementation of all the retention processes so as to have high levels of

employee commitment and productivity Conduct the employee surveys to understand the voice of the people and check the

engagement,  satisfaction and other employee perceptions and issues for better management of people and based on the results of the employee survey findings, effectively implement the programs that will effectively achieve the  objectives

To conduct the salary benchmark surveys across the industry and devise compensation plans in alignment with the HR philosophy and compensation strategy of the organisation

To achieve internal parity with regards to total compensation of employees by establishing salary bands, tax friendly salary structure, ESOPs, Variable Pays etc with or without the help of external consultants.

Ensure development of talent by training, coaching and mentoring to achieve the required competency levels and improved  productivity

Ensure implementation of processes for succession planning so as to create leadership pipeline for key roles in the organization.

Financial Drive cost savings by deploying efficient recruitment mechanisms

Govt Mulls Major Changes In Labour Law

In order to make for a work force that is flexible and work hours that can be extended, the government is planning major changes in the Factories Act, 1948. A significant proposal in the law governing working hours and safety of workers means doubling the number of hours a worker can be made to work over time (OT). An amendment proposed calls for 100 hours of OT in a quarter, from the present 50 hours per day. It also proposes to raise the 75 hour bar (including the first 50) in case of exigencies to 115 hours in a quarter - maximum hours of OT an employer can extract from worker, without permission from labour officials. He can squeeze 10 more OT hours, with permission. The law and international conventions does not allow more than eight hours of regular work per day but there can be two hours of over time per day, for which the worker is paid double the normal rate. Another proposal is to allow women work during the nights, which is prohibited now in factories. Though such proposal was introduced in Parliament in 2005, it has not been implemented till now. The labour unions want assurance of doorstep drop back in place of nearest point to home. Call centres, BPOs - where women work in night hours - are governed by the Shops and Establishment Act. The move comes at a time when Indian industry needs more hands to support its expansion and nation economy - but lacks a skilled work force.

Source : 10-02-11   Hindustan Times   Compiled by www.naukri.com

METHODOLOGYThe workshop is based on interactive adult learning process. Group activities, case studies and mini trainingsessions would be supplemented by concept building lectures.

COURSE CONTENTSetting the Scene: Explore the topic of adults aslearners.Giving Training a Purpose: Learn how to writeperformance objectives v/s training objectivesChecking the Learning: Learn about formative &summative assessments & various assessmentmethodologiesWhat are we training? Learn how to analyzeknowledge/skill contents for sessionsWho are we training? Examine: learning styles, learningmodels, barriers, etcChoosing the activity: Explore interactivemethods/strategies; facilitate learningGetting the message across: Learn communicationskill, facilitating a small group, providing an opportunityto demonstrate questioning and listening skills,management of the group, giving instructions anddebriefing skillsPutting it all together: Learn how to develop a sessionplanUsing the tools of training: Learn the use of resourcesDid training make a difference? Identifying themethods for evaluating trainingPresentation Skills for Trainers: Essentials forconducting session. Deliver mini training sessions. Get

feedback from the faculty

HOW WILL YOU BENEFIT?Increase your understanding of & confidence intraining adults.Increase adult learner motivation, comprehension &retention.Make sessions more enjoyable for adult learners.Build stronger facilitation skills and leave a lastingimpression on learners.Gain insight into structuring more effective trainingprograms.Gain the latest training methods and techniques.Accelerate the development process.Improve retention rates of participants.Dry or technical material can be more effectivelydelivered.Add excitement and increase the effectiveness ofyour training sessions

NO TOOL ENTRY MIDDLE TOP1 Managerial Effectiveness Yes Yes2 & 3 Managerial Style + Leadership Style Yes Yes

4 & 5 Personality Type + Inter-Personal Orientation Yes Yes Yes6 & 7 Conflict Management + Team Effectiveness Yes Yes Yes8,9 & 10 General Ability Test – I & II + Salesman’s Aptitude Yes11 & 12 Supervisory Aptitude + Sales Supervisor’s Aptitude Yes13 & 14 Burnout Level + Stress Measurement Yes Yes15 & 16 Life Positions/Ego States Yes Yes YesWorkshop ScheduleDAY 1 DAY 2 DAY 3Introduction to PsychometricAssessmentManagerial EffectivenessManagerial StyleLeadership StyleRecapPersonality TypeSales Supervisor’s AptitudeInterpersonal OrientationConflict ManagementRecapStress ManagementLife Position & Ego GramUsing the other 6 toolsProgram Closing & Evaluation

6 provident fund secrets you did not know  You’ve always thought of it as a mandatory cut in your salary or a safe instrument for long-term savings, but your provident fund contribution entitles you to several benefits such as insurance, pension and much more. Vikas Dhoot and Priya Kapoor explain.  

Your EPF entitles you to pension too

Despite the popularity of the EPF as a saving tool, not many people are enthused by or even aware of the Employees’ Pension Scheme. Introduced in 1995, it is funded by diverting 8.3%, or a little more than a third of your PF contribution. The pension on retirement is linked to the number of years in service and the average salary drawn in the year before retirement.    However, the scheme has failed to draw the EPFO’s 5 crore members because of the measly payouts associated with it. The reason is that since most employers pay PF only on the mandatory salary cap of 6,500 per month, the pension income for a majority of workers is abysmally low—at times, less than 1,000 a month.    It is, however, possible to get a higher pension income. “Good employers like Infosys pay Provident Fund contributions on the entire basic salaries,” says SC Chatterjee, the Central PF Commissioner. “If your basic pay is 30,000 a month, employers can invest 24% of this amount into your PF account. “You will be entitled to a pension on the basis of your actual basic pay rather than 6,500,” he adds.    For salaries up to 6,500, the government also chips in with a subsidy of 75. This added up to 994 crore for all EPF members in 2009-10.

   Another way smart employers help boost the pension is by raising the worker’s salary in the last year of employment. “Suppose I earn 25,000 and contribute 8.33% towards EPS. However, on my 57th birthday, my employer can raise my salary to 1 lakh. Since my salary for the last one year will be 1 lakh, I can get a pension of around 50,000. So you can get twice your original salary as pension,” says Chatterjee. However, for this to happen, the employer should have contributed his share to the Provident Fund on the actual basic salary, not the mandated limit of 6,500 for the entire service period. Though this is not fair to other workers who are part of the pension pool, the pension scheme’s design makes this manipulation possible.    If you don’t want a pension from EPF, you can get the EPS money as a lump sum along with your PF balance. The benefit will not be linked to the actual contributions made, but to your last year’s average salary and the number of years in service.

Insurance benefits

2 Besides a monthly stream of income, the EPF subscription entitles you to an insurance cover on your life through the Employees’ Deposit Linked Insurance (EDLI) scheme. For this, your organization contributes 0.5% of your monthly basic pay, capped at 6,500, as premium. Till recently the insurance amount was entirely linked to the balance in your PF. According to the new rules, your cover amount is higher of the two: 20 times the average wages of the past 12 months (up to 6,500 per month), that is 1,30,000, or the full amount in your PF account up to 50,000 and 40% of the balance amount.

Claim interest on withdrawn amount

3 The EPF rate has to be declared at the beginning of every financial year so that all members withdrawing or retiring from the system through the year get the interest that is due to them.    But in recent years, the EPF rate has become a matter of prolonged political debate and is often declared and notified much after the end of the financial year. Till the rate is notified for a particular year, workers’ withdrawals are credited at the previous year’s rate. For instance, in 2010-11, the Labour Ministry announced a rate of 9.5%, but it is yet to be notified. So, lakhs of workers, whose PF claims have been settled so far, have lost out on the 1% increase over last year’s rate of 8.5%.    The Central PF Commissioner admits this is a problem, but has promised that his department will pay the difference to all the affected members. “If you have withdrawn your PF balance during this year while the government hasn’t notified the PF rate, you can approach your PF office later to pay you the higher interest rate on the balance,” says Chatterjee.    If, on the other hand, your claim is not settled within 30 days of applying, you can move the court. If it is established that the delay was due to ‘inadequate reasons’, you will be entitled to an interest on the balance at the rate of 1% for every month of delay.

Use EPF to fund the following

4 Running short of funds to buy a house? Or perhaps your child’s education cost is more than you had planned for? At such times, it’s easy to fall back on your EPF savings. While you can’t withdraw the entire corpus, you can do so partially for specific occasions, such as children’s education, marriage, or for buying property. Find out when you can avail of this facility, the amount you can withdraw and the conditions you need to fulfill.

Marriage or education

of Self, children or siblings

• You should have completed a minimum of seven years of service.

• The maximum amount you can draw is 50% of your contribution (12% of the basic salary).

• You can avail of it three times in your working life.

• You will have to submit the wedding invite or a certified copy of the fee payable to the educational institution.

Medical treatment

For Self or family (spouse, children, dependent parents)

• You can avail of it for major surgical operations in a hospital or by those suffering from TB, leprosy, paralysis, cancer, mental derangement or heart ailments.

• The maximum amount you can draw is six times your salary or the entire contribution made by you till date, whichever is less.

• You must show proof of hospitalisation for one month or more with leave certificate for that period from your employer. You must also prove that you are not a member of the Employees' State Insurance Corporation or are unable to use its facilities for surgery/ treatment.

Construction or purchase of house or flat/site or plot

For self or spouse or joint ownership

• You should have completed at least five years of service

• The maximum amount you can avail of is 36 times your wages. To buy a site or plot, the amount is 24 times your salary.

• Can be avail of it just once during the entire service.

Repay a housing loan

For a house in the name of self, spouse or owned jointly

• You should have completed at least 10 years of service.

• You are eligible to withdraw an amount that is up to 36 times your wages.

Alteration/repair of house

For house in the name of self, spouse or jointly

• You need a minimum service of five years (10 years for repairs) after the house was built/bought.

• You can draw up to 12 times the wages, only once.

Damage due to

natural calamity

• You can withdraw up to `5,000 or 50% of your contribution to the PF.

• You have to apply within four months of the calamity.

• A certificate of damage from the requisite authority and a calamity declaration by the state government.

Equipment purchased

by physically handicapped employees

• You can draw up to six months' basic salary and dearness allowness, or your share of PF contribution with interest, or the cost of equipment.

• You will have to submit a medical certificate.

Premature withdrawal

5 Under the EPF Act, you cannot withdraw the full amount in your provident fund account before the age of superannuation. However, if you suffer permanent and complete disability or are moving abroad to settle, you can withdraw this amount. It is also possible to do so in case of mass retrenchment by the employer. If, however, you retire voluntarily before you are 55 years old, you cannot withdraw the full amount. Under normal circumstances, you can withdraw up to 90% of the fund amount after you turn 54 or within one year of retirement or superannuation.

Grievances addressed

6 The EPF Organization has a grievance redressal mechanism and it is covered under the Consumer Protection Act. The process is simple. Log on to http://epfigms.gov.in/ and file your grievance. Since late last year, the EPFO has become a part of the Centralized Public Grievances Redressal and Monitoring System, which allows you to register and track status online. It’s a centralized system and complaints are monitored by the head office. “We reply to all the grievance within 30 days of their receipt. If someone is not satisfied, he/she can come and meet me,” says Chatterjee.

:: PRIVATE INSURER

You get a higher insurance benefit if your employer opts for a private insurer instead of the employees' deposit linked insurance plan. The EPFO allows this if the benefits offered by the private insurer are better than that of EDLI. Between 2007-8 and 2009-10, nearly 1,800 companies opted out of the EDLI.

:: DOUBLING PENSION

Say your employer increases your salary from 25,000 to 1 lakh in your last year of service. Since your last salary is 1 lakh, your pension is likely to be 50,000, double your original salary.

WHAT IF

You retire early, die in harness, change jobs...

If you retire before the age of 58

Even if you stop working before reaching the age of superannuation, you can avail of pension benefits. However, you shouldn’t be less than 50 years of age. Also, the pension amount will be reduced by 2% for every year. So, if after working for 25 years, you take retirement at 50, your pension amount should be 2,321 per month. But as you left service eight years before the age of superannuation, your pension will be reduced by 16%—it will be 1,950.

If you have worked for less than 10 years

If you have completed less than 10 years of service, you can avail of the pension as a lump sum by opting for the withdrawal benefit. This amount will be provided to you on the basis of your annual contribution to the pension fund multiplied by the number of years that you have completed in service. You will also be entitled to a small interest on this amount, again depending on the number of years that you have been in service.

If you die before retiring

If you die while you are employed with an organization, your pension benefit is not lost. Your legal heirs will be entitled to a pension, which is a maximum of 1,000 per month ( 750 for spouse and 250 for two children till they turn 25). However, you should have put in a minimum of one month’s service to avail of this benefit. Also, the widow will not be entitled to a pension if she marries again, while dependent parents will be if the employee has no eligible family or has made no nomination.

If you change jobs

When you change jobs, and shift you PF account, your pension doesn’t get transferred. You need to apply for a scheme certificate through Form 10C and route it through the new employer. The certificate has details of the previous employer and years of pension contribution. “The PF is linked to an individual, but the EPS scheme is pool-based and can’t be started all over again. So when you change jobs, your earlier service is not considered and reduces the pension sum,” says Chatterjee.   

__._,_.___

[align=center]FORM A [/align] Form of application for the reference of an Industrial Dispute to a Board of  

Conciliation/Court of Enquiry/Labour Court/Tribunal/National Tribunal under Section 10 (2) of the Industrial Disputes Act, 1947: An application under sub-section (2) of Section 10 for the reference of an industrial dispute to Board, Labour Court, Tribunal or National Tribunal shall be made in Form A and deliver to the Secretary (Labour), Government of NCT of Delhi, and the Assistant Labour Commissioner of concerned district. [img]chrome://piclens/content/launch.png[/img]

10 January 2008, 01:36  

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[align=center]FORM C[/align] [align=center]Agreement[/align] An Arbitration Agreement for the reference of an industrial dispute to an arbitrator shall be made in Form C (in triplicate) and shall be delivered personally or forwarded by Registered Post to the Secretary (Labour), Government of NCT of Delhi, and the Deputy Labour Commissioner and Assistant Labour Commissioner of the concerned district. The agreement shall be accompanied by the consent, in writing, of the Arbitrator/s.  

10 January 2008, 01:38  

Y.Prakash

                                                           FORM ΓÇô E  Notice of change of Service Condition proposed by an Employer Any employer

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intending to effect any change in the conditions of service  applicable to any workmen in respect of any matter specified in the IVth Schedule to the Act, shall give notice of such intention in Form E.

The notice shall be displayed conspicuously by the employer on a Notice-board at the main entrance of the establishment. Where any registered trade union of workmen exists, a copy of notice shall also be served by Registered Post on the Secretary of such union.

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[align=center]FORM G-1[/align] Progress Report on constitution and functioning of Works Committee for the half-year ending the 30 th June/31 st December The employer shall submit half-yearly returns in Form G-1 in triplicate to the Deputy Labour Commissioner concerned, not later than 20 th day of the month following the half year.

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[align=center]FORM H[/align] [align=center]Form for Memorandum of Settlement[/align] A settlement arrived at in the course of Conciliation or otherwise, shall be in Form H. The settlement shall be

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signed by the employer himself or by his authorized agent or when employer is an corporated company, or other body corporate, by the Agent Manager or Principal Officer of the corporation. In case of workman by any officer of the trade union of the workmen or by five representatives of the workman, duly authorized in this behalf at a meeting of the workman held for the purpose. In case of the workman in an industrial dispute under Section 2-A of the Act, by the workman concerned. Where the settlement is arrived at between an employer and his workman, otherwise than in the course of Conciliation Proceeding, the parties to settlement shall jointly send a copy thereof to the Secretary (Labour), Government of NCT of Delhi, the Labour Commissioner, Government of NCT of Delhi and the Deputy Labour Commissioner and Assistant Labour Commissioner of the concerned district.

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[align=center]FORM I [/align] [align=center]Complaint under Section 33-A of the Industrial Disputes Act, 1947 [/align]   Every complaint under Section 33-A of the Act shall be present in triplicate in Form I and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.

Every complaint shall be verified at the foot by the workman making it or by some other person proved to be satisfaction of the Labour Court , Tribunal or National Tribunal to be acquainted with the facts of the case.

The person verifying shall specify, by references to the numbered paragraphs of the complaint, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

The verification shall be signed by the person making it and shall state the date on which and the place at which, it was signed.

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[align=center]FORM J [/align] [align=center]Application under Section 33 of the Act [/align] An employer intending to obtain the expressed approval in writing of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, shall present an application in Form J in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

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[align=center]FORM K [/align] An employer seeking approval of the Conciliation Officer, Board, Labour Court, Tribunal or a National Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of sub-section (2) of

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Section 33 shall present an application in Form K in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

Every application shall be verified at foot by the employer making it or by some other person proved to be the satisfaction of Conciliation Officer, Board, Labour Court , Tribunal or National Tribunal to be acquainted with the facts of the case.

The person verifying shall specify the reference to the numbered paragraphs of the application, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

The verification shall be signed by person making it and shall state the date on which and the place at which, it was verified.

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[align=center]FORM K-1 [/align] [align=center]Application under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 [/align]

Where any amount is due from any employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter V-A [Chapter V-B], the workman or the group of workmen, as the case may be, may apply in Form K-1 for recovery of the money due.

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[align=center]FORM K-2 [/align] [align=center]Application by a person authorized by a workman or by the assignee or heir of a deceased workman under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 [/align]

In the case of person authorized, in writing, by the workman, or in the case of death of the workman, the assignee or heir of the deceased workman shall make application in Form K-2.

The Industrial Disputes (AMENDMENT) Bill, 2010 passed by the Rajya Sabha

 

 The Industrial Disputes (AMENDMENT) Bill, 2010 passed by the Rajya Sabha

 

The Industrial Disputes Act 1947 provides a framework for investigation and settlement of industrial disputes.    The Industrial Disputes (Amendment) Bill, 2010 was finalized after detailed consultations with stake holders and the Government had formulated the amendment proposals mainly on the issues on which consensus were arrived at.   The Industrial Dispute (Amendment) Bill, 2009 was introduced in the Rajya Sabha on 26.2.2009.   The Bill was referred to the Parliamentary Standing Committee on Labour. The Committee examined the Bill and made certain recommendations for further modifications to the amendments proposed in the Bill.    The Government accepted some of its recommendations. 

The amendment proposals in the Industrial Disputes (Amendment) Bill, 2010 inter-alia, seek to amplify the definition of ‘appropriate Government’, enhance the wage ceiling prescribed for supervisors, provide direct access for workman to Labour courts or Tribunal in case of individual disputes, expand the scope of qualifications of Presiding Officers of Labour Courts or Tribunal, setting up of Grievance Settlement Machinery and empowerment of Industrial Tribunal-cum-Labour Courts to enforce decree.

The Industrial Disputes (Amendment) Bill, 2010 as amended was considered

and passed by the Rajya Sabha on 3.8.2010.

In his introductory remarks the Minister of Labour and Employment ShriMallikarjun Kharge said that the Industrial Disputes Act 1947 is a significant piece of legislation which provides a framework for investigation and settlement of industrial disputes. The Act also seeks to regulate illegal strikes and lockouts, and provides protection to the workmen in case of lay-off, retrenchment and closure of establishments. Ministry of Labour & Employment has held tripartite consultations with stake holders and formulated proposals for amendment in the Industrial Disputes Act, 1947 on the issues on which consensus was arrived at.The Industrial Disputes (Amendment) Bill, 2010 seeks the following:

Section 2(a):      Amplification of definition of Appropriate Government    The Bill proposes to amplify the definition of ‘appropriate Government’ under 2(a) of the Act. The Central Government is the appropriate Government in respect of categories listed in Section 2(a)(i) of the I.D. Act, 1947.    In addition to this, it is further clarified that Central Government would be appropriate Government for any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or any corporation, (not being a corporation referred to

in this clause) established by or under any law made by Parliament, or the Central Public Sector Undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government. State Government will be the appropriate Government in relation to any other industrial dispute, including the State Public Sector Undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government.To amplify the definition of term ‘appropriate Government’ the Standing Committee has suggested that the industrial disputes between a contractor and contract labour employed in any industrial establishment needs to be brought under the purview of ‘appropriate Government’. The Government has accepted this recommendation of the Committee. This amplification of the definition will eliminate all ambiguities in the interpretation of the definition of ‘appropriate Government’. Section 2(s): Amendment of Section 2(s) (iv   ) -      Enhancing the wage ceiling of Rs.1600    per moth prescribed for supervisors in the definition of workmen under Section 2(s) to Rs.10,000      per month.    Enhancement of wage ceiling of the workers working in a supervisory capacity from one thousand six hundred rupees per month to ten thousand rupees per month. The wage ceiling has been enhanced to be in consonance with the increase in wages of industrial workers and also to bring about parity with other labour laws like Employees State Insurance Act, 1948, Payment of Bonus Act, 1965 and Payment of Wages Act, 1936. Section 2A: Direct   reference  of  disputes  connected  with  Termination/  Dismissal/ Retrenchment/ Discharge to Industrial Tribunals. To provide direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of Section 2A pertaining to retrenchment, discharge, dismissal or termination of services etc. At present, such a dispute could be adjudicated by CGIT-cum LC only after a reference is made by the ‘appropriate Government’. As a consequence of this proposed amendment, the workman can directly approach the CGIT-cum-LC after filing his grievance before the conciliation machinery to resolve the issue within 45 days. There will be no need for him to approach the ‘appropriate Government’ for making a reference. This amendment would enable the aggrieved workman to choose the alternative of adjudication for resolution of his dispute faster. Substitution   of   new   Chapter   for   Chapter   IIB-Setting   of   Grievance   Redressal Machinery: The Bill seeks to establish a Grievance Redressal Machinery (GRM) within industrial establishment having 20 or more workmen with one stage appeal at the head of the establishment for resolution of disputes arising out of individual grievances. With this amendment, the workman will get one more alternative grievance redressal mechanism for the resolution of his dispute within the organization itself with

minimum necessity for adjudication. It may be noted that setting up of GRM in no way will affect the right of the workman to raise dispute on the same issue under the provision of Industrial Disputes Act, 1947. Section 7: Relaxation of Qualifications of Presiding Officers. It is also proposed to expand the scope of qualification of Presiding Officers of CGIT-cum-LC by making officers of Central Labour Service of the rank of Deputy Chief Labour Commissioner and State Labour Department of the rank of Joint Labour Commissioner and officers of the Indian Legal Service Gr.III eligible for the post of Presiding Officer in CGIT-cum-LC. This will enable the Government to appoint the Presiding Officers from wide range of eligible officers from the relevant field. Section 11: - Power to enforce Decree by CGIT. The Bill also proposes to empower the Labour Court or Tribunal to execute their awards, orders of settlements arrived at as a decree of a Civil Court. This amendment will ensure better enforcement of the awards given by CGITs-cum-LC. Section 38(2) © -  Salaries      and allowances and other terms and conditions of service    of Presiding Officer of Central Government Industrial Tribunals-cum-Labour Courts (CGIT) and National Tribunals. The Bill proposes to make a specific provision in the Act by amending the Section 38(2) © of the Act that Government may make rules to decide and review the salaries and allowances and other terms and conditions for appointment of Presiding Officers. Details will be worked out while framing the rules. To Summarise, the main amendment proposals in the I.D. Act are:

(i) Amplification of the definition of ‘Appropriate Government’. (ii) To enhance the wage limit from Rs.1600/- per month to Rs. 10,000/- per

month to make the provision meaningful and in tune with the definition of workman in other labour laws such as Payment of Bonus Act, 1965, Payment of Wages Act, 1936 and Employees’ State Insurance Act, 1948.

(iii) To provide a grievance ventilation and redressal machinery within an establishment having 20 or more workmen with one stage appeal at the level of the Head of the Industrial Establishment in order to promote better industrial relations at the industrial establishment level.

(iv) To provide individual workman direct access to Labour Courts/ Tribunals in cases of retrenchment, discharge, dismissal or termination of services.

(v) To make officers of the Central Labour Service/State Labour Service/Indian Legal Service eligible for the post of Presiding Officers in the Central Government Industrial Tribunals–cum-Labour Courts for addressing the problem of availability of Presiding Officers.

(vi) To empower Government to make rules to decide and review the salaries and allowances and other terms and conditions for appointment of Presiding Officers.

(vii) To empower Central Government Industrial Tribunals, Labour Courts and National Tribunals to execute their awards/orders/settlements as a decree of the civil court

"factory" means any premises including the precincts thereof -

(i) whereon ten or more workers are working, or were working on any day of the preceding twelve

months, and in any part of which a manufacturing process is being carried on with the aid of

power,or is ordinarily so carried on, or

(ii) whereon twenty or more workers are working, or were working on any day of the preceding

twelve months, and in part of which a manufacturing process is being carried on without the aid of

power, or is ordinarily so carried on, -

but does not include a mine subject to the operation of 11[the Mines Act, 1952 (XXXV of 1952)]

or 12[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel restaurant or eating place];

13 14[Explanation I. - For computing the number of workers for the purposes of this clause all the workers in different relays] in a day shall be taken into account;]

[Explanation II].- For the purposes of this clause, the mere fact that an Electronic Data

Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof ;]

and the manufacturing process is defined as below

 

(k) "manufacturing process" means any process for -

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking

up, demolishing or otherwise treating or adopting any article or substance with a view to its use,

sale, transport, delivery or disposal; or 5[(ii) pumping oil, water, sewage, or any other substance; or ](iii) generating, transforming or transmitting power; or

6(iv) composing types for printing, printing by letter press, lithography, photogravure or other

similar process or book-binding ;7[or] (v) constructing, reconstructing, repairing, refitting, finishing

or breaking up ships or vessels ; [or] 8(vi) preserving or storing any article in cold storage;

Thus preparing of food and distributing the same falls within the abmit of manufacturing process under. The foor is prepared eith by electrical process or LPG gase, both terms come within the ambit of "Power", thus if it employs more then 10 employee, it is a factory under the Act.

Employees Provident Fund and Miscellaneous Provisions Act

Introduction

The Supreme Court has stated in Andhra University v. R.P.F.C. 1985 (51) FLR 605

(SC) that in construing the provisions of the Employees Provident Funds and

Miscellaneous Provisions Act 1952, it has to be borne in mind that it is a beneficent piece

of social welfare legislation aimed at promoting and securing the well-being of the

employees and the court will not adopt a narrow interpretation which will have the effect

of defeating the very object and purpose the Act. The preamble to the Act also states that

this is an Act to provide for the institution of:

(i) Provident Funds

(ii) Pension Fund and

(iii) Deposit Linked Insurance Fund

for employees in factories and other establishments. It is with this background that one

must interpret the various provisions of the Act and the Scheme related to it.

Applicability

The Employees Provident Funds and Miscellaneous Provisions Act 1952 applies to the

whole of India except the State of Jammu and Kashmir (Section 2). This Act applies

(Section 3) to:

(i) every establishment which is a factory engaged in any industry specified in Schedule I

and in which 20 or more persons are employed, and

(ii) any establishment employing 20 or more persons or class of such establishments

which the Central Government may, by notification in the official gazette specify.

The Central Government through the Employees Provident Fund Scheme 1952 {Section

3 (b)} has specified the establishments covered by the Act. Click here for the complete

list. Applicability to NGOs

Considering the operations of charitable institutions these include the following (though

they should be read with the relevant notification issued):

(i) Educational, scientific research and training institutions.

(ii) Establishments known as hospitals.

(iii) Societies, clubs or associations which render services to their members

without charging any fee over and above the subscripttion fee or membership

fee.

(iv) Establishments rendering expert services.

(v) Financial establishments (other than banks) engaged in the activities of

borrowing, lending, advancing of money and dealing with other monetary

transactions with a view to earn interest.

(vi) Establishments engaged in poultry farming.

(vii) Establishments engaged in cattle feed industry.

(viii) Agricultural farms, fruits, orchards, botanical gardens and zoological gardens.

Definitions

Employee

An employee – sec. 2(f), means any employee who is employed for wages in any kind of

work, manual or otherwise, in or in connection with the work of an establishment, and

who gets wages directly or indirectly from the employer and includes any person:

(i) employed by or through a contractor in or in connection with the work of an

establishment

(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act

1961, or under the standing orders of the establishment.

An apprentice means a person who according to the certified standing orders applicable

to a factory or establishment is an apprentice or who is declared to be an apprentice by

the authority specified by the appropriate government. • Accordingly, personal or domestic servants are not employees under the Act.

• Contractor’s Employees: It has been held by the court in Enfield India v RPFC 2000

(85) FLR 519 (Mad) a person doing work of the principal employer, even though

employed by a contractor is also an employee covered by the definition.

• “Excluded Employee” has been defined in para 2(f) to mean an employee:

(i) who having been a member of the fund, withdrew the full amount of his

accumulations on retirement or emigration or

(ii) whose pay at the time he is otherwise entitled to become a member of the fund

exceeds Rs. 6,500.00 p.m.

Employment

The concept of employment essentially involves three ingredients:

(1)Employer

(2) Employee and

(3) Contract of employment

The employment is the contract of service between the employer and the employee

whereunder the employees agrees to serve the employer subject to his control and

supervision. If there is no relation as employer and employee then it is not open to

anyone claim benefit under the statute. Even if a person is not wholly employed, if he is

principally employed in connection with the functioning of the establishment he will be a

person employed within the meaning of the Act.

Exemptions

The provisions of the Employees Provident Funds and Miscellaneous Provisions Act

1952 do not apply to the following institutions (sec 16): (i) any establishment registered under the Co-operative Societies Act 1912 or under any

other law for the time being in force in any State relating to co-operative societies,

employing less than 50 persons and working without the aid of power.

(ii) Any establishment belonging to or under the control of the Central or State

Government and whose employees are entitled to the benefit of contributory provident

fund or old age pension in accordance with any scheme framed by such government.

(iii) Any other establishment set up under any Central, Provincial or State Act and whose

employees are entitled to the benefit of contributory provident fund or old age pension in

accordance with any scheme framed under that Act.

(iv) The P.F. Scheme is not applicable to tea factories in the State of Assam {para

3(a)(iii)}.

Trainees:

It has been decided by the courts that trainees are not employees and are not covered by

the EPF Act. The court has held that stipend paid is not wages. It must be noted that

trainees were recruited under a particular Training Scheme and there was no guarantee of

employment after completion of the training period and that they were not entitled to

other benefits, which were available to other permanent employees. These aspects have

been decided in Sri Rama Vilas Service Ltd. V RPFC 2000 –I-LLJ-709(Mad) and

Gandhi Vinita Ashram v PFC 1996 (1) CLR 1140 (P&H).

Exempted Establishment

The Central Government may, by notification in the Official Gazette and subject to such

conditions, exempt prospectively or retrospectively, from operation of all or any of the

provisions of the EPF Scheme:

(i) any establishment, the rules relating to its provident fund are not less

favorable that of section 6 of the EPF Act or (ii) (ii) any establishment if its employees are in enjoyment of benefits in the nature of P.F. , pension or gratuity, which are not less favorable to employees covered by the Act or the Scheme. Where an establishment is exempted from any of the provisions of the Act, then such institution must have its own trust and:

(i) have a Board of Trustees for the trust

(ii) maintain detailed accounts

(iii) submit such returns to the Regional P.F. Commissioner.

(iv) invest monies in accordance with the directions of the Central Government issued

from time to time.

(v) transfer the account of any employee, where necessary

(vi) perform such other duties as may be specified.

Employees Required to Join the Fund

The following employees are required to join the fund (Para 26 of EPF Scheme):

(i) Every employee employed in or in connection with the work of the factory or other

establishment to which the EPF Scheme applies except an excluded employee i.e.

drawing a salary exceeding Rs. 6,500.00 p.m. {Para 26(1)}.

(ii) Every employee is required to join the fund from the date of joining the factory or

establishment {Para 26(2)}.

(iii) Every excluded employee on his ceasing to be excluded employee i.e. makes an

application jointly with the employer.

Registration

If an organisation finds that the Employees' Provident Fund and Miscellaneous

Provisions Act 1952 is applicable to it,then it can fill-in the attached proforma for

registration. The duly filled-in proforma alongwith one or more of the documents mentioned in the Performa can be submitted to the respective provident fund offices for

getting the registration.

Contributions

The contribution envisaged under sec 6 read with notification dated 9th April 1997 and

para 29 of the EPF Scheme, specifies that the rate of contribution under the E.P.F. Act as

12%. The employer has to deposit 12% of the basic wages, dearness allowance and

retaining allowance (if any), on his part and an equivalent amount on behalf of the

employee, which is to be recovered from the employee’ salary (para 32 of EPF Scheme).

• For this section ‘dearness allowance’ shall be deemed to include the cash value of any

food concession allowed to the employee. The ‘retaining allowance’ means an allowance

payable for the time being to an employee for retaining his services, when the

establishment is not working.

• Basic Wage {sec 2(b)}means emoluments which are earned by an employee while on

duty or on leave or on holidays with wages. It includes cash value of food concession,

dearness allowance and any presents made by the employer.

• Encashment of leave does not fall under dearness allowance or retaining allowance or

basic wages and is not to be considered in computing the amount to be deposited under

the EPF Act. This aspect has been upheld by the court in Hindustan Lever Employees

Union v RPFC 1995 (71) FLR 46 (Bom).

• The Supreme Court, in M.P. Shikshak Congress v RPFC (1999) 1 SCC 396 decided

that the EPF Act was applicable to the teachers and employees of the aided school in

Madhya Pradesh. Further the inclusion of dearness allowance (D.A.) for computing

salary was upheld in the case of Gyan Bharti v RPFC (1996) 2 CLR 734 (Cal).

Upper Limit: There is no upper limit for contribution by an employee towards the E.P.F. Inspection Charges: The employer has to contribute 0.18% of the basic wages, D.A.,

retaining allowance and cash value of food concession towards inspection charges, (para

30 (3) of the EPF Scheme). This amount cannot be recovered from the employees.

Duties of Contractors: Every contractor shall within 7 days of the close of the month,

submit to the principal employer a statement showing the recoveries of contributions for

employees employed by or through him and such other information to the principal

employer as is required to be filed with the Regional PF Commissioner, (para 36B of the

EPF Scheme).

Time Frame for Deposits: Para 38 of the EPF Scheme specifies that the contributions

and administrative charges have to be deposited within 15 days of the close of the month

by separate drafts / cheques on account of contributions and administrative charges. The

cheque should be on a local branch and deposited with the Reserve Bank or the State

Bank of India.

Attachment: The contributions made towards provident fund cannot be attached by any

decree or order of any court, nor can it be assigned or charged (Sec. 10).

Employees Pension Scheme

1. The Employees Pension Scheme was introduced w.e.f. 16th November 1995.

2. Contributions:

(i) The contribution envisaged under sec 6 is 8.33% of the basic wages, dearness

allowance and retaining allowance (if any) from the employer’s contribution.

{Sec.6A (2)(a)}.

(ii) Ceiling: The contribution of 8.33% has a ceiling of Rs. 541.00 p.m. w.e.f. 1st June

2001. This implies that there is a ceiling on the salary, D.A., and retaining allowance

of Rs. 6,500.00 in computing the contribution towards the pension scheme. {Para 3(2)

of the E.P. Scheme}. (iii) Central Government Contribution: It shall contribute 1.16% of the pay of the

members of the Employees Pension Scheme to the Fund {Para 3(2) of the Employees

Pension Scheme}.

3. Retention of Membership: An employee shall cease to be a member of the pension

fund on attaining the age of 58 years or from the date of vesting of admissible

benefits under the scheme, whichever is earlier.

4.Commutation: A member after completing 3 years of membership of the pension

scheme can opt for commuting 1/3 of his pension so as to receive 100 times the monthly

pension as commuted value {Para 12A).

5. Monthly Pension: This is based on a formula = (Pensionable Salary x Pensionable

Service) / 70.

(i) Pensionable Salary = average monthly salary over 12 months immediately preceding

the date of exit from the scheme.

(ii) Pensionable Service = service in years rendered by the member for which

contributions have been received. Normally this would be limited to Rs. 6,500.00 p.m.

unless certain enhanced contributions are made by the employer.

Employees Deposit Linked Insurance Scheme:

This is a scheme to provide life insurance benefits t employees. The employer shall pay

0.5% of the salary comprising of basic wages, dearness allowance and retaining

allowance (if any), subject to a maximum salary of Rs. 6,500.00. In addition he has to

pay 0.01% as administrative charges. In the case of an exempted establishment the

inspection charge is 0.005%.

The employee does not contribute to the Employees Deposit Linked Insurance Scheme.

Attachment: The amount due under EDLI cannot be attached by any decree or order of

any court, nor can it be assigned or charged. Declarations, Contributions and Returns

The details of filing declarations, deposit of contributions and returns can be seen as

under: Purpose Form No. Time Frame of EPF Scheme Declaration Form by Employee 2 On Demand 33 Preparation of Contribution Cards by Employer (prepared and kept but filed with RPFC when employee leaves the scheme)

3A Prepared Monthly and filed at least yearly 35 Deposit Contributions and Administration Charges Separately Challan 15th of following Month 38 Details of Employees qualifying to become members of scheme 5 with Form 2 15 days from close of month 36 Particulars of Ownership of Employer i.e. details of branches etc.

5A Within 15 days of any change 36A Consolidated Return at Commencement of Scheme 9 Within 15 days 36(1) Return of Members Leaving Service 10 Within 15 days of close of Month 36(2)(b) Monthly Abstract showing aggregate recoveries made 12 & 12A of EP Scheme 25 days of close of month 38(2) Consolidated Annual Contribution Statement 6A By April 30, i.e. within one month of close of period of currency 38(3) Submission of Contribution Cards to RPFC 6 By March 31 and within 20 days of the close of the month when an employee leaves the service 43

Details of Recoveries made by Contractor submitted to Principal Employer Copy of

Form 12 & names. By 7th of the month 36B Application for Transfer of EPF a/c 13

Within 15 days of close of Month 57 Claim of P. F. Dues by Adult Member 19 After 60 days of leaving service & leaving the scheme 9(2)(b) Claim of P. F. Dues by Minor Nominee 20 - do – 69 Application for Advance 31 - - Penalties

Para 32A of the EPF Scheme provides for claiming of damages for default in making

payment of any contribution. The details are given below: Sl. No. Period Of Default

Rate of Damages (% of arrears p.a.)

1 Less than 2 months 17%

2 2 months & above but less than 4 months 22%

3 4 months & above but less than 6 months 27% 4 6 months & above 37%

The Central Board has the power to reduce the damages upto 50%, depending on the

merit of the case (para 32B). Section 14 of the E.P.F. Act also prescribes for penalties, which are.

Details of Violation Penalty

1 For avoiding any payment knowingly makes any false statement or representationShall be punishable with imprisonment upto 1 year or fine of Rs. 5,000.00 or both.

2 An employer who contravenes sec. 6 (re. contributions) or sec 17(3)(a) for payment of inspection charges or para 38 re. payment of Administration Charges Shall be punishable with imprisonment upto 3 years but:(a) will not be less than 1 year and fine of Rs. 10,000.00 if it relates to payment of employees contribution, which has been deducted by the employer (b) will not be less than 6 months and fine of Rs. 5,000.00, in any other case.

The court can decide a lesser term for imprisonment but for reasons recorded.

3 An employer who contravenes sec 6C Re. EDLI or sec 17(3A)(a) re inspection charges

Shall be punishable with imprisonment upto 1 years but will not be less than 6 months

and fine of upto Rs. 5,000.00.

4 Failure to comply with any provision of the Act or Schemes Shall be punishable with imprisonment upto 1 years or with fine of upto Rs. 4,000.00 or both.

5 Contravenes any provision or condition for which exemption u/s 17 was given and no other penalty is prescribed Be punishable with imprisonment upto 6 months but not less than 1 month and also fine upto Rs 5,000.00.

Benefits to Employees

1. The employees are entitled to certain benefits by being members under the E.P.F. Act,

which can be seen to be the following:

(i) Income Tax deduction u/s 88 subject to certain conditions.

(ii) Full refund of P.F. with interest on retirement, resignation, retrenchment or death.

(iii) Partial withdrawal for the purposes of:

(a) Housing

(b) Marriage / Higher Education

(c) Temporary Unemployment

(d) Medical Treatment

(e) Natural Calamity

(f)Purchasing equipments for physically handicapped.

(iv) Partial withdrawal of 90% of the amounts standing to the credit of the member before one year of retirement. (v) Under EDLI, an amount equal to the average balance in PF of deceased member subject to a maximum of Rs. 60,000.00.

(vi) Monthly pension under the Employees Pension Scheme 1995, on superannuation,

retirement, permanent / total disablement, for widow / widower, for children, for orphan.

2. An important aspect is that there is a regular saving for the employee and a certain

social security.

The position is a standalone generalist role reporting into the General Manager with a dotted reporting relationship into the Group HR function based at our head office in Cape Town, South Africa.

Key Outputs/ Responsibilities Include:

• Relationship Management – Monitor and support implementation of behaviour code and assist GM to manage workplace relationships in line with the code. • Ensure good working relationships with local and international team: Including implementation of consultative forum, encouraging team based interaction and identifying feedback channels to prevent negative conflict from impacting on productivity; • People Strategy and Change –Implement global HR Strategy locally by developing an operational plan in consultation with the GM. • Apply HR knowledge and understanding of business drivers and contribute to people strategy for the region.• Resourcing – Conduct recruitment, selection and Induction in line with agreed plan and key business processes. • Reward - Provide input to the annual increase process. Ensure that employees are appropriately benchmarked, and recommendations fit with financial and business guidelines. Support management with interpretation of guidelines and market related data.• Performance Management - Provide guidance and support ensuring that reviews are taking place in line with process requirements. Provide guidance and advice to management on performance related issues.• Training and Development- Ensure skills matrixes are in place; develop annual training plan in consultation with GM and budget accordingly; Source and provide training in line with plan. Support GM to deliver competence of region.• Track, review and report on Key Performance Indicators including performance management, training and development; Resourcing and Employee Relations.Key Competencies:• Tertiary qualification in Human resources or related field• Minimum 12 to 15 years experience in HR with at least 5 years in a managerial role in a manufacturing environment• Preference to candidates coming from a Lean Manufacturing/World Class Environment• Experience recruiting semi-skilled, skilled and professional employees.• Good track record training and developing others to succeed.• Sound knowledge of legislation and the application thereof in the manufacturing environment.• Experience with implementing and adapting performance management in an operational facility.• Self starter who works autonomously with minimal support. Proven experience and ability in the preparation of written reports.  Strong problem solving and decision making skills. Analytical thinking skills. Attention to detail. Ability to work as part of a team to optimise potential of team members. Strong computer literacy. Accountable. Goal oriented. Demonstrates integrity/confidentiality.

Key areas of Skill set requiredTraining & development Skills Plan Skills Matrix Training plans

Organizational DevelopmentStrategic Resourcing Organizational Structure Grading Performance review processCareer & Succession planning Recruitment & Selection Training and development

Recruitment Selection & inductionInterviews Trained Interview panels Offers of employment Recruitment MatrixShort lists Key performance review criteria Induction plan

Employee RelationsDisciplinary Hearings Staff Committee meetings Grievance Hearings Incapacity reviews

Job Description: Design and Delivery of Training programs. Competency profiling Behavioural and soft skill training Leadership development Assessment centers TPM/TQM Kaizen/5S concepts Blue collar training Desired candidate profile: Should have 15-20 yrs of handson in T&D Should have handson in TPM/TQM/ISO

Changes made by the recent amendments to Section 11 of the Industrial Disputes Act  –Enforcing the Awards of Labour Court.these amendments came into force w.e.f mid September 2010.

In section 11 of the principal Act, after sub-section eight , the following sub-sections shall be inserted, namely:

“(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.”

By introduction of the provision the award of Labour Court / Tribunals is now additionally executable by a Civil Court. After the Labour Court/Tribunal passes the award it shall be transmitted to the Civil Court for execution. By this process both the moveable and immovable property of the Judgment Debtor i.e. the person/company

against whom the award is passed can be attached. Also the Judgment Debtor can be arrested and put in prison. Earlier the awards were executed by the Revenue Recovery process alone.

REFERENCES ISSUE RAISED /FACTS HELD

1 STANDARD CHARTERED BANK Vs

GOVIND PHOPALE2003 (96) FLR 145[HC-BOM-SB]

OR

2003 (3) LLJ 1036

1

 

2

3

4

ACCORDING TO THE ‘5’ BENCH SCJUDGEMENT IN 2002 (92) FLR 667[JAIPUR ZILLA CASE] INTERMINATION CASES ATTRACTINGSECTIONS 33(1) & 33(3) OF THE IDACT, DEFACTO & DEJURESEVERENCE OF THE EMPLOYEETAKES PLACE ONLY AFTER WRITTENPERMISSION IS OBTAINED AND A TERMINATION ORDER IS ISSUED

WHERE AS IN THE CASE OF TERMINATION ATTRACTING 33(2) (B),THE DEFACTO TERMINATION ISPRECEDED BY DEJURE SEPARATION

IN THE 33(1) & 33(3) CASES THE WORKMEN IS ENTITLED TO WAGESTILL FORMAL WRITTEN PERMISSIONIS OBTAINED

THE QUESTION RAISED IS WHETHERIN TERMINATION CASES UNDER33(2)(B) IS THE WORKMAN ELIGIBLEFOR SUBSISTENCE ALLOWANCEFROM THE TERMINATION DATE TILLTHE DATE OF DISPOSAL OF THE APPROVAL PETITION ?

1 THE PROCEDURE PRESCRIBEDFOR PROCESSING [33(1), 33(3)AND 33(2)(B) BEING THE SAMEAND THE DEFURE TERMINATION TAKES EFFECT ONLY LATER,THE WORKMAN SHOULD BEGIVEN THE SUBSISTENCEALLOWANCE FOR THE PERIODTILL DISPOSAL OF THEAPPROVAL PETITION

2 MANAGEMENT OF KALEESWARA MILLS

Vs

PRESIDING OFFICER LABOUR COURT 2002 (95) 

FLR 822[HC-MAD-DB]

1

 

2

3

4

5

ACCORDING TO THE STANDINGORDER ANY EMPLOYEE CONVICTEDFOR A CRIMINAL OFFENCE IS LIABLETO BE DISMISSED

EMPLOYER ACCORDINGLYDISMISSED THE WORKER [AFTERISSUE OF DUE NOTICE]

ON APPEAL THE CRIMINALCONVICTION WAS SET ASIDE AFTERA FEW YEARS

 WORKER WAS REINSTATED

IS THE WORKER ENTITLED OREMPLOYER OBLIGATED TO PAYBACK WAGES FOR PERIOD HEREMAINED OUT OF EMPLOYMENT

1

 

 

 

2

 

QUOTING THREE APEX COURTDECISIONS IN MANAGEMENT OFRESERVE BANK OF INDI[1994(68) FLR 22(SC)]RANCHODJI CHATURJITHAKORE’S CASE [1997(91) FLR53 (SC)] AND HUKMI CHANDSCASE [1998 (79)FLOR 743 (SC)]HELD THAT THE ABSENCEFROM EMPLOYMENT WAS DUETO NO FAULT OF THEEMPLOYER AND HENCEEMPLOYER NOT BOUNDER TO PAY ANY BACK WAGES

 

WORKMEN WILL BE REINSTATED WITHOUT ANY BACK WAGES

3 INDIAN  TELEPHONE  INDUSTRIES LTD

Vs 

PRABHAKAR MANJARE

2002(95) FLR 1108[SC

 

2001 (II) LLJ 199 [SC-5 BENCH] OR 2001 (3) LLN 105 [SC-5 BENCH]

  1

2

3

4

MANAGEMENT DISMISSED A WORKMAN AND FILED AN APPROVAL PETITION UNDER SECTION 33(2)(b) AS THERE WAS AN INDUSTRIALDISPUTE PENDING

THE APPROVAL PETITION  WAS REJECTED FOR NOT COMPLYING WITH PROVISIONS OF 33(2)(B) PROPERLY

MANAGEMENT THEN RESUBMITTED AN APPLICATION AFTER RECTIFYING THE DEFECTS

CAN MANAGEMENT MAKE A SECOND APPLICATION AFTER THE FIRST ONE WAS REJECTED ?

  1

2

QUOTING THE SUPREME COURT CONSTITUENT BENCH DECISION IN JAIPUR ZILLA VIKAS BANK CASE [2002(92)FLR667(SC)]HELD THAT, ONCE THE33(2)(B) PETITION HAS BEEN DISPOSED OF AND APPROVAL REQUEST TURNED DOWN, THE MANAGEMENTS DISMISSAL ACTION BECOMES VOID AND IT CANNOT BE REOPENED AGAIN

A SECOND APPROVAL APPLICATION IS THEREFORE NOT MAINTAINABLE

4 CHENNAI  PORT & DOCK WORKERS CONGRES

VS

UNION OF INDIA

2002(94) FLR 1072[HC-MAD-SB]

1

 

 

2

 

EXISTING SERVICE RULES SILENTABOUT TRANSFER OF EMPLOYEES

 

IF EMPLOYEE IS TRANSFERRED WILLIT AMOUNT TO VIOLATION OFSECTION 9A OF THE ID ACT

1 IF THE CURRENT SERVICE RULES DO NOT PROVIDE FOR PROVISIONS ON TRANSFER MANAGEMENT CAN TRANSFEREMPLOYEES ONLY AFTERGIVING NOTICE OF CHANGEUNDER SECTION 9A ANDCOMPLETE THE PROCEDUREPRESCRIBED IN ID ACT

5 SMT PAKKIYAM

VS

EXECUTIVE ENGINEER,SOUTHERN RAILWAY 

2002(94) FLR 1207[HC-KER-

SB]

  1

CAN THE LABOUR COURTENTERTAIN BELATED AND STALECLAIMS UNDER SECTION 33 (C) (2)OF THE ID ACT ?

1

 

 

  2

 

THERE IS NO PERIOD OF LIMITATION PRESCRIBED UNDER SECTION 33(C) OF IDACT

 

HOWEVER, IF LONG DELAYSARE NOT PROPERLY EXPLAINED THE LABOUR COURT CAN REJECT STALE CLAIMS

6 CANARA BANK EMPLOYEES UNION

VSCANARA BANK 2002(94) FLR 985[HC-KER-DB]

  1

2

AS PER SECTION 19(2) & 19(6) aSETTLEMENT OR AWARD CAN BETERMINATED BY THE PARTIESAFTER THE VALIDITY PERIOD IS OVER

ON ISSUE OF SUCH A TERMINATION DOES IT AMOUNT TO GOING BACK TO THE PRE-SETTLEMENT OR PREAWARD SERVICE CONDITIONS ?

1

 

 

2

QUOTING THE EARLIER SUPREME COURT DECISION IN THE LIC CASE [AIR 1980 SC-2181] HELD ON TERMINATION OF A SETTLEMENT OR AWARD THERE WILL BE NO GOING BACK TO THE PREAWARDOR PRE-SETTLEMENT PROVISIONS THE TERMS UNDER THE TERMINATED AWARD/ SETTLEMENT WILL CONTINUE TO BE BINDING ON THE PARTIES UNTIL THE TERMS ARE ALTERED THROUGH A FRESH SETTLEMENT OR AWARD

7 UNNIKRISHNA PILLAI

VS

P.O. LABOUR COURT2002 (95) FLR 299[HC-KER-SB]

1

 

 

AS PER SECTION 25B OF ID ACT A WORKMAN RETRENCHED WOULD BEENTITLED TO RECEIVE UNDER SECTION 17(B) OF ID ACT EMPLOYER BOUND TO PAY LAST DRAWN

1

 

 

THE RIGHT TO CLAIM RE-ENGAGEMENT IS NOT LIMITED TO WORKMEN WHO RECEIVE COMPENSATION

WORKMEN WHO DID NOT SATISFY SECTION 25-B

 

 

 

2

 

 

3

WAGES AS SUBSISTENCE ALLOWANCE DURING PENDENCY OF CHALLENGE BEFORE HIGH COURT/SUPREME COURT. 

SECTION 25-H STIPULATES THATRETRENCHED WORKMEN SHOULDBE RE-ENGAGED IF OPERATIONSARE RESUMED AT ANY FUTUREDATE

ARE WORKMEN WHO WERE RETRENCHED WITHOUT COMPENSATION [THAT IS NOT SATISFYING THE 240 TEST] ENTITLED TO RE-ENGAGEMENT BENEFIT UNDER SECTION 25-B 

2

 

 

 

 

REQUIREMENTS ARE ALSO ENTITLED TO RE-ENGAGEMENT

 

 

 

 

 

8. RANJIT SINGH

VSPRESIDING OFFICER

 2003(1) LLJ 1100[HC-P&H – DB]

1  

2

3

WORKMEN AT HYDERABAD TRANSFERRED TO MANIPAL

HE REFUSED TO JOIN AT MANIPAL AND  RAISED A DISPUTE HAS IND. TRIBUNAL HYDERBAD JURISDICTION TO TRY THE CASE OR SHOULD THE ID BE RAISED AT MANIPAL ?

1

 

2

3

ONCE THERE IS A VALID TRANSFER THE JURISDICTION FOR RISING INDUSTRIAL DISPUTE WILL BE THE PLACEOF NEW POSTING

THE FACT THAT THE EMPLOYEE IS ILLEGALLY KEEPING AWAY FROM THE PLACE OF POSTING WILL NOT ALTER THIS POSITION JURISDICTION OF HYDERABAD IS THEREFORE RULED OUT 

9 SURAJ PALSING

VS

LABOUR COURT

2002(95) FLR 521 [HC-DEL-SB] 2002(III) LLJ 885 STATE OF RAJASTHAN VS

MAHENDRA JOSHI 2002 (95) FLR 595 [HC-RAJ-DB]

  1

2

3

a

b

SECTIONS 25-B AND 25-F OF ID ACT STIPULATE THE QUALIFYING CONDITIONS FOR RECEIVING RETRENCHMENT COMPENSATION

25B(2)(A) STIPULATES THAT TO QUALIFY A WORKMAN WHO IS NOTIN REGULASR SERVICE MUST HAVE ‘ACTUALLY WORKED ‘FOR ATLEAST 240 DAYS DURING THE 12 MONTHS PRECEDING THE DATE OFRETREBCGNEBT

TWO QUESTIONS WERE RAISED 

WILL ‘ACTUALLY WORKED’INCLUDE NON WORKING DAYS FOR WHICH WORKER RECEIVED WAGES ?

IF WORKMAN DID NOT SATISFY 240 DAYS IN THE IMMEDIATE [PREVIOUS 12 MONTHS, BUT HAD SATISFIED THE 240 TEST FOR EARLIER YEARS WOULD HE BE ENTITLED

1

 

 

2

ACTULLY WORKED SHOULD BE GIVEN THE MARKED DAYS FOR WHICH HE RECEIVFGED PAYMENT EVEN IF 240 DAYS TEST NOT SATISFIED IN THE IMMEDIATE PREVIOUS 12 MONTHS IF IN ANY OF HIS EARLIER YEARS,M HE HAS SATISFIED THE TEST, HE CANNOT BE DENIEDRETRENCHMENTCOMPENSATION

NOTE : A WORKING ONREGULAR EMPLOYMENT NEED NOT GO THROUGH THIS 240 DAY TEST TO QUALIFY

FOR RETRENCHMENT COMPENSATION ?

10 BANK OF BARODA

VS

G SRIRAM2003 (I) LLJ 905[HC-AP-DB]

1

 

2

3

WORKMAN CHALLENGED HISDISMISSAL UNDER SECTION 11A OFID ACT TRIBUNAL AFTER HOLDINGDOMESTIC ENQUIRY VALID PERMITTED THE WORKMAN TO LEAD ADDITIONAL EVIDENCE

IS THIS ACTION OF TRIBUNAL VALID 

1

 

2.

3

ONCE THE TRIBUNAL FINDS THE DOMESTIC ENQUIRY IS IN ORDER, THE COURT HAS TO DISPOSE OF THE CASE ON THE BASIS OF THE EVIDENCE ALREADY EXISTING

THE TRIBUNAL CANNOT PERMIT FRESH EVIDENCE TO BE TAKEN SEE THE LEADING CASE OF THE SUPREME COURT ON POWERS OF TRIBUNALS UNDER SECTION 11A IN NEETA KAPLISH’S CASEIN 1999 (I) LLJ 275

11 RANJIT SINGH

VS

PRESIDING OFFICER

2003(1) LLJ 1100[HC-P&H-DB]

1

2

3

4

MANAGEMENT DECIDED TOTERMINATE UNION LEADERS FORINVESTIGATING ILLEGAL STRIKE

SINCE A DISPUTE WAS PENDINGFILED A PERMISSION APPLICATIONBEFORE PRESIDING OFFICER TOCOMPLY WITH PROVISIONS OFSECTION 33(1)

WORKER WAS PLACED UNDER SUSPENSION BUT NOT PAID ANY SUBSISTENCE ALLOWANCE

IS THE WORKMAN ELIGIBLE FOR SUBSISTENCE ALLOWANCE?

1 ONLY ON PERMISSION BEINGGRANTED DOES THE JURALRELATIONSHIP WITHEMPLOYER COME TO AN END

CITING SEVERAL SUPREMECOURT DECISIONS, HELD WORKMAN ENTITLED TO SUBSISTENCE ALLOWANCE DURING PERIOD OF SUSPENSION THAT IS TILL THE PETITION UNDER 33(1) IS DISPOSED OFF BY THE TRIBUNAL

 

12 PRAMOD JHA

VS

STATE OF BIHAR2003(2) LLJ 159 [SC]

1

 

 

 

2

AS PER SECTION 25 (F)RETRENCHMENT WOULD BE ILLEGAL IF NOTICE OF RETRENCHMENTPAYMENT OF COMPENSATION ANDINTIMATION TO GOVERNMENT IS NOTALL DONE TOGETHER

THE WORKMAN CHALLENGED HISRETRENCHMENT ON THE GROUNDTHAT THE PAYMENT WAS NOT MADEAT THE TIME OF NOTICE

1

 

2

3

4

SECTION 25(E) DOES NOT STIPULATE THAT PAYMENT HAS TO BE MADE AT THE TIME OF GIVING NOTICE

THE SECTION REQUIRES ONLY PAYMENT TO BE MADE AT TIME OF ACTUAL RETRENCHMENT

 IN THIS CASE PAYMENT WAS MADE AT TIME OF RETRENCHMENT

  ACTION OF MANAGEMENT UPHELD

REFERENCE   ISSUE RAISED   HELD

1BPL LTD 1GOVERNMENT REFERED A DISPUTE TO INDUSTRIAL

1SINCE THERE WAS A STAY ORDER AND THER WAS NO ADJUDICATION PENDING

VS

SUDHAKAR

2005(104)FLR450-[SC]

 

2

3

 

4

 

 

5

TRIBUNAL FOR ADJUDICATION

MANAGEMENT OBTAINED A STAY ON THIS REFERENCE

MANAGEMNT DISMISSSED AN EMPLOYEE WITHOUT APPLYING FOR 33(2) APPROVALS

INDUSTRIAL TRIBUNAL AND SUBSEQUENTLY THE HIGH COURT ALSO HELD THAT AN INTERIM STAY WILL NOT ABSOLVE MANAGEMNT FROM ITS RESPONSIBILTY TO OBTAIN PERMISSION UNDER SEC33(2)(b)

MANAGEMNT CHALLENGED THIS IN SUPREME COURT

 

 

2

ON THE DATE OF DISMISSAL, THERE WAS NO VIOLATION OF SECTION 33(2) (b) OF ID ACT

NO APPROVAL WAS REQUIRED FROM TRIBUNAL

2MANAGEMENT OF GORDON WOODROFFE LTD

VS

PO PRINCIPAL LAB COURT

2004(3)LLJ 539[SC]OR2004(102)FLR 1013[SC]

1

 

2

 

3

 

 

4

LABOUR COURT HELD CLOSURE TO BE PROPER AND VALID

AFTER HOLDING CLOSURE AS PROPER AND VALID OREDERED PAYMENT OF ADDITIONAL COMPENSATION AND EX-GRATIA ON GROUNDS OF SOCIAL JUSTICE

SINGLE BENCH AND DIVISION BENCH OF

1AFTER HAVING FOUND THE CLOSURE TO BE BONA-FIDE AND IN COMPLIANCE WITH LAW,THE LABOUR COURT HAS NO AUTHORITY TO ORDER PAYMENT OFADDITIONAL COMPENSATION OR EX-GRATIA OVER AND ABOVE THE CLOSURE COMPENSATION PAYABLE UNDER ID ACT

THE HIGH COURT UPHELD THE LABOUR COURT ORDER FOR EX-GRATIA AND ADDITIONAL COMPENSATION

MANAGEMENT CHALLENGED THE HC ORDER IN SC

3MUKESH TRIPATHI

VS

 

Sr DIVISIONAL MANAGER LIC

2004(103)FLR 350 [SC

1

 

 

2

THEDEFINITION OF “WORKMAN” UNDER SECTION 2(S) OF ID ACTSAYS IT SHALL ALSO INCLUDE APPRENTICE

CAN APPRENTICE THEREFORE RAISE DISPUTES OR CLAIM BENEFITS UNDER ID ACT

1

 

 

 

 

 

2

3

 

 

 

4

THOUGH THE DEFINITION OF “WORKMAN” IN SEC 2(S) OF THE ID ACT 1947 INCLUDES AN APPRENTICE,THROUGH THE SUBSEQUENT SPECIAL LEGISLATION ON APPRENTICES[APPRENTICES ACT 1961] STATUTORY APPRENTICES HAVE BEEN SPECIFICALLY EXCLUDED FROM THE PURVIEW OF LABOUR LAWS[SEE Sn 18 OF APP ACT 1961][EXCEPT FOR BENEFIT UNDER WC ACT 1923]

THEREFORE ALL STATUTORY APPRENTICES ARE NOT WORKEAN UNDER ID ACT

NON STATUTORY APPRENTICES CAN CLAIM BENIFIT/STATUS OF WORKMEN ONLY IF THEY CAN ESTABLISH THAT THEY ARE DOING THE JOBS SPELT OUT IN SEC 2(S) LIKE MANNUAL, SKILLED, UNSKILLED,TECHNICAL, OPERATIONAL,CLERICAL OR

SUPERVISORY WITH SALARY OR LESS THAN Rs1600 PM

IF THEY CANNOT ESTABLISH THIS THEYWOULD NOT BE WORKMEN

4ALARSIN MARKETING EMPLOYEES UNION

VS

ALARSIN PHARMACEUTICALS LTD

2004(3)LLJ 870[HC-BOM-SB]

1

 

2

 

 

 

 

 

3

 

4

SEC 9A OF ID ACT STIPULATES THAT EMPLOYER MUST GIVE NOTICE OF CHANGE FOR ITEMS FALLING UNDER SCHEDULE 4 OF THE ACT

ITEMS 10 & 11 OF SCHEDULE 4 READS AS FOLLOWS“10.RATIONALISATION, STANDARDISATION OR IMPROVEMENT OF PLANT OR TECHNIQUE WHICH IS LIKELY TO LEAD TO RETRENCHMENT OF WORKMEN”“11.ANY INCREASE OR REDUCTION IN THE NUMBER OF PERSONS EMPLOYED OR TO BE EMPLOYED IN ANY OCCUPATION OR SHIFT NOT OCCASIONED BY CIRCUMSTANCES OVER WHICH EMPLOYER HAS NO CONTROL”

EMPLOYER CLOSED DOWN ITS MAILING SECTION & RETRENCHED THE

1

 

 

2

ITEMS 10 & 11 OF THE 4 SCHEDULE IS ATTRACTED ONLY WHEN THE PLANT, OCCUPATION OR SHIFT IS TO CONTINUE WITH INCREASED OR DECREASED MANNING

IF THE PLANT, OCCUPATION OR SHIFT IS TOTALLY DISCONTINUED OR CLOSED, SEC9A IS NOT ARTTRACTED &HENCE NO VIOLATION

WORKMEN WITHOUT GIVING ANY NOTICE OF CHANGE

UNIONS ALLEGED VIOLATION OF SECTION 9A

5SANGHAM TAPE COMPANY

VS

HANS RAJ

2004(3)LLJ 1141[SC]

1DOES THE LABOUR COURT OR TRIBUNAL HAVE POWERS TO SET ASIDE ITS OWN EX-PARTE AWARD

1

 

 

2

ONCE AN AWARD OF A LABOUR COURT/TRIBUNAL BECOMES ENFORCEABLE AS PER SECTION 17-A THE COURT, TRIBUNAL WILL HAVE NO AUTHORITY OR POWER TO SET ASIDE ITS OWN EX-PARTE DECISIONS

HOWEVER IT THE PARTIES APPROACH THE COURT/TRIBUNAL WITHIN 30 DAYS OF THE PUBLICATION OF THE AWARD, THE COURT/TRIBUNAL WILL HAVE POWER TO SET ASIDE ITS EX-PARTE AWARD

6M/S MARUTI UDYOG LTD

VS

RAMLAL & OTHERS[2005(104)FLR 820-SC]OR[2005(1)LLJ 853]

1

 

2

 

 

3

 

 

 

AS PER SEC25 H, A RETRENCHED WORKER HAS A RIGHT OF RE-EMPLOYMENT IF THE EMPLOYER REVIVES THE OPERATION

AS PER SEC 25 FF & 25FFF WHEN AN UNDERTAKING IS TRANSFERRED OR CLOSED, AFFECTED WORKMEN ARE ELIGIBLE FOR COMPENSATION AS APPLICABLE UNDER SEC 25 F

1THE RIGHT OF RE-EMPLOYMENT IS AVAILABLE ONLY TO WORKMEN RETRENCHED UNDER 25 F AND THIS RIGHT IS NOT AVAILABLE TO WORKMEN WHO LOSE THEIR JOBS DUE TO TRANSFER UNDER 25FF OR 25FFF

ARE WORKMEN WHO LOSE THEIR JOB CONSEQUENT TO TRANSFER OR CLOSURE OF AN UNDERTAKING ELIGIBLE TO CLAIM RE-EMPLOYMENT UNDER 25-H IF THE UNDERTAKING IS REVIVED AND OPERATIONSRE-STATRED?

7OSWAL AGROFURANE LTD

VS

OSWAL WORKERS UNION[2005(1)LLJ 1117-SC]

1

 

 

2

 

3

AS RER SECTIOB 25-N AND 25-O AN EMPLOYER WHO INTENDS TO RETRENCH/CLOSE DOWN IS REQUIRED TO APPLY FOR GOVERNMENT PERMISSION

COMPANY WITHOUT APPLYING FOR GOVERNMENT PERMISSION, ENTERED INTO CONCILIATION SETTLEMENT WITH THE WORMEN ON THE CLOSURE OF THE ESTABLISHMENT

IS SUCH A SETTLEMENT ENFORCEABLE?

1

 

 

2

ANY AGREEMENT OPPOSED TO PUBLIC POLICY [IN THIS CASE REQUIREMENT OF GOVERNMENT PERMISSION] IS NULL AND VOID AS PER SECTION 23 OF THE INDIAN CONTRACT ACT 1872

SINCE THE CONTRACT IS VOID AB-INITIO, IT IS NOT ENFORCEABLE BY LAW

8DAMOH PANNA RURAL BANK

VS

SARVESH BERRY[2005(104)

1UNDER SECTION 11-A OF ID ACT, LABOUR COURTS ARE EMPOWERED TO REDUCE THE PUNISHMENT OF DISMISSED WORKMEN

1

 

2

 

IT IS NOT CORRECT TO SAY THAT LABOUR COURTS HAVE UNLIMITED AND WIDE POWERS UNDER SECTION 11-A TO REDUCE PUNISHMENTS

FLR 291-SC]IF THE COURT FINDS THE PUNISHMENT TOO HARSH OR DISPROPORTIONATE TO MISCONDUCT COMMITED

IS THERE ANY LIMITATION TO POWES OF THE LABOUR COURT?

 

3

 

 

4

NORMALLY EMPLOYER ALONE SHOULD BE THE APPROPRIATE AUTHORITY TO DETERMINE PUNISHMENTS FOR ENSURING DISCIPLINE

LABOUR COURTS CAN INTERFERE ONLY IF THE LABOUR COURT GIVES A REASONED ORDER SHOWING THAT THE PUNISHMENTS IMPOSED BY EMPLOYER IS SHOCKINGLY DISPROPORTIONATE AND HAS DISTURBED CONSCIENCE OF THE COURT

COURTS MERELY MENTIONING THAT THE PUNISHMENT IS SHOCKING OR DISPROPORTIONATE WOULD NOT BE ENOUGH

 

Everybody would have come across the recent update in the PF website in chennai about the definition of Basic wages.As per the same, the department has posted a update which claims to include Conveyance part of the salary also in to Basic wages.

For example for the following salary split

Baisc 2700 HRA 2400 Conveyance 800 Other allowance 100.

What we have been practising and following so far is that for the purpose of considering Basic wages, we will take Rs.2700 alone. But as per the update given, the department is construing the judgement of Division Bench of the Honourable Andhra Pradhesh High Court in

Nazeena Traders (Private) Limited v The Regional

Provident Fund Commissioner, that the EPF & MP Act, 1952  (citation not mentioned in the website) that except HRA portion which is specifically excluded in the section, apart from Rs.2700, another Rs.800+Rs.100 is added to the basic, and contribution to be paid on this.

EPF & MP Act, 1952 is a beneficial

legislation enacted as a measure of social justice and should be construedliberally so as to confer benefit on the employees to the maximum extent andfinally as per the guidelines laid down by the Hon’ble Supreme Court in TheRegional Provident Fund Commissioner, Punjab v Shibu Metal Works 1964-65 (27) FJR 491, in construing the material provisions of the Act, if two views are reasonable possible, the Courts should prefer the view which helps the achievement and furtherance of the object, which is also clearly defined in Balbir Kaur and another v Steel Authority of India Ltd. and other; T.K.Meenakshi (Smt.) and another v Steel Authority of India ltd. and Others as “to ensure better future of the employee concerned on his retirement and for the benefit of the dependants in case of his earlier death”. Moreover, in the matter of State Vs. Girdhari lal Bajaj, 1962 II LLJ 46 (Bom.DB), the Hon’ble Court observed that when there is doubt about their meaning, it is to be understood in the sense in which it best harmonizes with the subject of the enactment and the object which the legislature has in view"

 

 

Competency Matrix is the list of requirements a person as an employee in a particular designation needs to have, be it the skills, the education, the experience, additional knowledge etc...

Competency Mapping is the document to see in which, a particular employee being in that position is meeting the specified requirements as mentioned in the Competency Matrix.

TPM Definition

A company-wide team-based effort to build quality into equipment and to improve overall equipment effectiveness

Total

• all employees are involved

• it aims to eliminate all accidents, defects and breakdowns

Productive

• actions are performed while production goes on

• troubles for production are minimized

Maintenance

• keep in good condition

• repair, clean, lubricate

TPM combines the traditionally American practice of preventive maintenance with Total Quality Control and Total Employee Involvement, to create a culture where operators develop ownership of their equipment, and become full partners with Maintenance, Engineering and Management to assure equipment operates properly everyday.

 

Origins of TPM

• Dr. Deming introduced statistical analysis and used the resulting data to control quality during manufacturing (TQM)

• Some general concepts of TQM did not work well in the maintenance environment

• The need to go further than preventive maintenance was quickly recognized by those companies who were committed to TQM

• Maintenance became an integral part of TQM in the early 90’s

 

Total Productive Maintenance Principles

• Increase Overall Equipment Effectiveness (OEE)

• Improve existing planned maintenance systems

• The operator is the best condition monitor

• Provide training to upgrade operations and maintenance skills

• Involve everyone and utilize cross-functional teamwork

 

8 Major Pillars of TPM

8 TPM Pillars

1st TPM Pillar: Autonomous Maintenance

Train the operators to close the gap between them and the maintenance staff, making it easier for both to work as one team

Change the equipment so the operator can identify any abnormal conditions and measure deterioration before it affects the process or leads to a failure

7 steps are implemented to progressively increase operators knowledge, participation and responsibility for their equipment

1. Perform initial cleaning and inspection

2. Countermeasures for the causes and effects of dirt and dust

3. Establish cleaning and lubrication standards

4. Conduct general inspection training

5. Carry out equipment inspection checks

6. Workplace management and control

7. Continuous improvement

 

2nd TPM Pillar: Equipment and Process Improvement

Objective: maximize efficiency by eliminating waste and manufacturing losses

Manufacturing losses are categorized into 13 big losses:

•          Equipment losses (6)

•          Manpower losses (4)

•          Material losses (3)

 

Equipment Losses

Equipment Losses

Manpower and Material Losses

Manpower and Material Losses

OEE: Overall Equipment Effectiveness

OEE figures are determined by combining the availability and performance of your equipment with the quality of parts made

OEE measures the efficiency of the machine during its planned loading time. Planned downtime does not effect the OEE figure.

 

OEE: Overall Equipment Effectiveness

3rd TPM Pillar: Planned Maintenance

Objective: establish Preventative and Predictive Maintenance systems for equipment and tooling

Natural life cycle of individual machine elements must be achieved

• Correct operation

• Correct set-up

• Cleaning

• Lubrication

• Retightening

• Feedback and repair of minor defects

• Quality spare parts

 

 

4th TPM Pillar: Early Management of New Equipment

Objective: establish systems to shorten

•          new product or equipment development

•          start-up, commissioning and stabilization time for quality and efficiency

New equipment needs to be:

•          easy to operate

•          easy to clean

•          easy to maintain and reliable

•          have quick set-up times

•          operate at the lowest life cycle cost

 

5th TPM Pillar: Process Quality Management

Definition: a process for controlling the condition of equipment components that affect variability in product quality

Objective: to set and maintain conditions to accomplish zero defects

Quality rate has a direct correlation with

•          material conditions

•          equipment precision

•          production methods

•          process parameters

 

6th TPM Pillar: TPM in Administrative and Support Departments.

Administrative and support departments can be seen as process plants whose principal tasks are to collect, process, and distribute information

Process analysis should be applied to streamline information flow

 

 

7th TPM Pillar: Education and Training

TPM is a continuous learning process.

2 major components

• soft skills training: how to work as teams, diversity training and communication skills

• technical training: upgrading problem-solving and equipment- related skills

 

8th TPM Pillar: Safety and Environmental Management

Assuring safety and preventing adverse environmental impacts are important priorities in any TPM effort.

 

The latest techniques in the field of Human Resource Development are:

Employees for Lease: Sometimes the organizations depend upon consultancy agencies or individual consultants for their expertise to tap and utilize their expert knowledge. The consultancy agencies offer expert advice and the execution of the advice is left to the employees of the organization. The employees may in some of the cases fail to covert the know-how into a project. Under such circumstances, new types of organizations will emerge, which would be called as Employee Leasing Organization. These leasing organizations will be principal employers and send the required number and kind of employees to various organizations on lease basis.

They collect the fee & other charges from various industries & pay the salaries, provide benefits to the employees. The Leasing company will pay complete salary and benefits to the employees irrespective of the number of days that the employee is sent to various organizations on lease. This type of agreement is beneficial to the leasing company, specialist employees and the industry. The industry with limited budget can utilize the expert advice & service of most competent human resources.

Moonlighting by Employees:

This is a situation, which arises among employees on account of dissatisfaction from present wage & salary structure. They feel that employer enjoys the increased profit and that they are being exploited by the employer. Consequently they agitate for hike in wages or take up another part-time job or business simultaneously with that of the original job. This is also known as Double Jobbing.

Moonlighting by employees affects almost all the functions of Human Resource Management. The effects of Moonlighting would be mostly negative & it poses challenges to the personnel manager. Presently very limited number of employees does moonlighting, but the number of employees will go on increasing due to change in employee values & expectations. Management will have to take all possible care in selection process about the possibility of moonlighting by the prospective candidates.

Dual Career Groups:

There has been a tremendous increase in the number of female employees in all types of organizations due to: -

* increased career orientation among women in recent years.* creation of variety of jobs. * higher level commitment* better performance.* Less demanding & agitative oriented.* Economic Freedom.* Better Social Status.* Aspirations for quality of work life.

Due to dual career groups, both wife & husband will be loaded with grievances & problems as both of them share their problems, both at work and off the job. In view of overloading of the problems to both the members in dual career groups, they spend heir time and energy in solving the problems or in getting the grievances redressed for both the parties. So, there will be possibility of less commitment to the work in the organization by both the parties.

Due to this new trend in HR, in a nutshell, the HR manager should treat people as resources, reward them equitably, and integrate their aspirations with corporate goals through suitable HR policies.

Flexi-time & Flexi-work: The number of hours in a day, number of days in a week and work schedule when the worker has to perform is normally stated in the Job

Description. The concept of Flexi-time has been introduced in order to suit the convenience of the workers without affecting the organizational functioning. Flexi-time is a program that allows flexible entry and leaving times for employees. Flexi-time increases productivity, decline in absenteeism, and reduction in employee turnover & increase in morale.

Flexi-work: It is a program that allows flexibility in handling the type of work in various departments of the organizations in systematic way by the employee during his tenure of employment in an organization. For example, a candidate may be selected as a clerk in the Personnel Department and after two years he may be allowed to take up work in any other department of the organization.

Training & Development: Organizations spend a lot of time and resources in training, developing and educating their employees in tune with the job awareness and organizations' requirements. This is mostly due to the absence of linkage between the industry and universities. Organizations in future will establish their own educational institutes. These institutes will frame their course curriculum to suit the requirements of various jobs in the organization as a whole. These institutes will go on changing the course curriculum depending upon the changes in technology, work methods, production process, activities and so on.

The intake of these institutes depends on exclusive requirements of organization. After the completion of the course, the candidate will be awarded a diploma and absorbed by the organization. This management arrangement will automatically take care of the problem of unemployment and underemployment. This arrangement will also minimize the duration of time to be spent by the candidate in his educational process.

Management Participation in Employees' Organizations: With the formation and recognition of employees' organizations, the management cannot make unilateral decisions those affect employee relationship directly or indirectly. Decisions relating to policies on employment, training, transfer, promotion, adoption of latest technology etc. are no longer determined by unilateral action of management and must now be discussed with the representatives of employees' organizations. Decisions on the policies and administration may still rest with management, but they are frequently subject to question and criticism by union representatives under a formal

grievance procedure.

This technique enables the two parties to exchange ideas, opinions, information and knowledge to understand each other's viewpoint, with an open mind and thereby avoid all misunderstandings. Thus, the management representatives may provide effective plans, suggestions, advice organization and directions for sound management and functioning of federations and unions for the common good of both the parties.

COLLECTIVE BARGAINING: It is an institutional process for solving problems arising directly out of employer-employee relationships. Through collective bargaining. the two parties become responsive to each other. Employees ventilate their problems relating to wages, employee benefits etc. while the management puts forth its demands regarding employee co-operation and commitment so as to maximize its profits. Thus, the two parties discuss the problem and each party tries to solve the problems of the other. The scope of collective bargaining is wider as the solutions for common problems can be found directly through negotiations between both the parties.

COLLABORATIVE MANAGEMENT: It is the general practice that the owners and/or their representatives manage the organization. But most of the organizations have started allowing their employees to participate in management. It is viewed that different parties concerned with the organizational activities will manage the organization through participation. Such type of management system is referred as 'Collaborative Management'. Employee's participation in management was initiated to satisfy workers' psychological needs, to develop a sense of belongingness and loyalty to the organization.

RECOMMENDATIONS : - Change is the law of nature. It is necessary way of life in different circles. Though there may be some discontentment during the early days of change, people learn to meet the changes and adopt themselves to the changing situations. The management in future will try to:

* Give up authoritarian style of leadership and adopt participative style of leadership.* Follow human relations approach and partnership approach towards employees.* Encourage creative skills and abilities and reward those talents.* Shift the emphasis from legal and rule bounded approach

* Participate in trade union activities; recognize human resource as a profit centre and as a basic instrument to earn profits rather than as a cost centre.* Understand the fact that human resource management will dominate all other functional areas of management.

Further, the role of all Personnel Manager will also change. Those changes will be as follows:

* Personnel manager and individual manager will give emphasis on overall development of human resources. * Human Resource Management function will be extended to cover career planning and development, organization and development, organize climate, role analysis, national wage policy, social justice etc.

Today competition is very tough and if an organization has to survive in the race gracefully, it has to constantly upgrade its skills and sharpen its capabilities. Many new techniques are implemented in the organizations to motivate the employees and to help them perform to their optimum capacity. By using the above-mentioned techniques and many other programs, the organization tries to make the workers and employees more competent, committed & comfortable to do a given job.

CONCLUSION:-

Human resource management is a process of bringing people and organizations together so that the goals of each other are met. The role of HR manager is shifting from that of a protector and screener to the role of a planner and change agent. Over the years, highly skilled and knowledge based jobs are increasing while low skilled jobs are decreasing.

HR Managers should concentrate on the following areas to ensure success: -

* Use workforce skills and abilities in order to exploit environmental opportunities and neutralize threats.* Employ innovative reward plans that recognize employee contributions and grant enhancements.* Indulge in continuous quality improvement through TQM and HR contributions like training, development, counseling, etc.* Utilize people with distinctive capabilities to create unsurpassed competence in an area.* Decentralize operations and rely on self-managed teams to deliver

goods in difficult times e.g. Motorola is famous for short product development cycles. It has quickly commercialized ideas from its research labs.

- Babu

The Workforce Profile defined about 60 "soft skills", which employers seek. They are applicable to any field of work, according to the study, and are the "personal traits and skills that employers state are the most important when selecting employees for jobs of any type."

1. Math.2. Safety.3. Courtesy.4. Honesty.5. Grammar.6. Reliability.7. Flexibility.8. Team skills.9. Eye contact. 10. Cooperation. 11. Adaptability.12. Follow rules.13. Self-directed.14 Good attitude. 15. Writing skills. 16. Driver's license. 17. Dependability. 18. Advanced math. 19. Self-supervising. 20. Good references. 21. Being drug free.  22. Good attendance. 23. Personal energy. 24. Work experience. 25. Ability to measure. 26. Personal integrity.27. Good work history. 28. Positive work ethic.29. Interpersonal skills. 30. Motivational skills. 31. Valuing education.  32. Personal chemistry. 33. Willingness to learn. 34. Common sense.  35. Critical thinking skills. 36. Knowledge of fractions. 37. Reporting to work on time. 38. Use of rulers and calculators. 39. Good personal appearance. 40. Wanting to do a good job.41. Basic spelling and grammar. 

42. Reading and comprehension. 43. Ability to follow regulations. 44. Willingness to be accountable.45. Ability to fill out a job application. 46. Ability to make production quotas.47. Basic manufacturing skills training. 48. Awareness of how business works.49. Staying on the job until it is finished.50. Ability to read and follow instructions.51. Willingness to work second and third shifts. 52. Caring about seeing the company succeed. 53. Understanding what the world is all about. 54. Ability to listen and document what you have heard.55. Commitment to continued training and learning.56. Willingness to take instruction and responsibility.57. Ability to relate to coworkers in a close environment.58. Not expecting to become a supervisor in the first six months.59. Willingness to be a good worker and go beyond the traditional eight-hour day.60. Communication skills with public, fellow employees, supervisors, and customers.

National Safety Day (March 04, 2011) Safety day Pledge

On this Day I solemnly affirm that I will rededicate myself to the cause of safety health and protection of environment and will do my best to

observe rules, regulations, and procedures and develop attitudes and habits conducive for achieving these objectives.

I fully realise that accidents and diseases are a drain on the national economy and may lead to disablements, deaths, damages to health and property, social suffering and general degradation of the environment.

I will do everything possible for the prevention of accidents and occupational diseases and protection of the environment in the interest of self, my family, my community and the nation at large.