Procedure Under Labour Laws
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Transcript of Procedure Under Labour Laws
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PROCEDURE UNDER LABOUR LAWS
Sl.No.
Details of Acts & Rules
Benefits & Remediesavailable to Workers
To which authoritythe worker has toapply for remedy
Who has to apply,documents to beenclosed, Time
Limit prescribed
Time Limitto pass
order bythe
authority
If aggrieved to whomappeal has to bemade, time limit
1 The TamilNadu Shops &Establishment Act, 1947
1) Regulated working Hours,Double Wages for over Time,Weekly Holiday and issue of Service Book.
2) A worker who hascompleted six months service,
on termination, may prefer anappeal for remedy.
Assistant Inspector of Labour
Regional DeputyCommissioner of Labour
Deputy Commissioner of Labour (Appeal),Chennai
Worker
No time limit
Within 30 days fromthe date of termination. (onreasonable grounds
belated applicationsmay also beaccepted)
No timelimit
No timelimit
Inspector of Labour/RegionalDeputy Commissioner of Labour
No time limit
High Court, Chennai
2 The Tamilnadu CateringEstablishments Act, 1958
1) Double Wages for Over Time, Weekly Holiday,Annual Leave, issue of Service Book & grant of
National & Festival Holidays.
Assistant Inspector of Labour
Worker
No time limit
No timelimit
Inspector of Labour/RegionalDeputy Commissioner of Labour
No time limit
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2) A worker who has workednot less than 120 days duringthe period of Six MonthsService, on termination may
prefer an appeal for remedy
Labour Officer inDistricts
Within 30 days fromthe date of termination. (onreasonable grounds
belated applicationsmay also beaccepted)
--
High Court, Chennai.
3 The Motor Transpot WorkersAct, 1961
1) Overtime wages, WeeklyHoliday, Issue of Leave Book,Individaul Control Book andUniforms
2) Grant of National &Festival Holidays
Deputy Inspector of Labour
Worker
No time limt
-- Inspector of Labour/RegionalDeputy Commissioner of Labour
4 The Beedi & Cigar Workers(Conditions of Employment)Act, 1966
1) Double Wages for Over Time, weekly Holiday, issueof Service Book, Leave Book.
2)Settling the Grievances in
Assistant Inspector of Labour
Worker
No time Limit
--
Inspector of Labour/RegionalDeputy Commissioner of Labour
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the issuance of Raw Materialslike Beedi Leaves & Tobacco.
3)Settling the Grievances inthe rejection of finished Beedi& Cigar
Assistant Inspector of Labour / Inspector of Labour
Worker within 30days
--
Regional DeputyCommissioner of Labour
5 Plantations Labour Act, 1951. 1) Over Time Wages, WeeklyHolidays, Annual Leave withWages, issue of Service Book and Leave Book.
2) Provision of Housing,Medical, Educational,
Recreation and Crechfacilities to Workers & their families.
Inspector of Plantations
Inspector of Plantationand Assistant Surgeon(Plantations)
Worker or Workersrepresentative
Worker or Workersrepresentative
--
--
Regional DeputyCommissioner of Labour or Chief Inspector of Plantations, Chennai.6
6 The Working Journalists andother Newspaper Employees(Conditions of Service andMiscellaneous Provisions) Act,1955.
1) Payment of Wages fixed bythe Wage Board.
2) Grant of Leave / Holidays.
3) Appeal against Non-
Inspector of Labour /Government
Inspector of Labour
Labour Officer in
Worker
Worker
--
--
--
Regional DeputyCommissioner of
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Employment
Districts
Worker
--
Labour
--
7 The Tamil Nadu IndustrialEstablishments (National &Festival Holidays) Act, 1958.
Grant of National and FestivalHolidays to the Workersworking in Shops andEstablishments, Plantations,Beedi & Cigar Establishmentsand the ScheduledEmployments under Minimum Wages Act.
Assistant Inspector of Labour
Inspector of Plantationsin respect of plantations
Worker -- In respect of plantations, RegionalDeputyCommissioners of Labour and for othersInspectors of Labour and Regional DeputyCommissioners of Labour.
8 The Child Labour (Regulation& Abolition) Act, 1986.
1) Prohibition of Employmentof child labour in Hazardous
Nature of work
2) Regulation of Employmentof Child Labour in Non-Hazardous Nature of Work like
i) Restriction of Workinghours to Five Hours per day
ii) Children should not beallowed to work between 7
Assistant Inspector of Labour
Worker / Public
--
--
Inspector of Labour /Regional DeputyCommissioner of
Labour
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pm to 8 am.
iii) Grant of WeeklyHoliday
--
--
--
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9 The Maternity Benefit Act,1961 Grant of Maternity Leave &Sick Leave, Terminationwhile Pregnancy / Delivery,Extracting Hard Work whilePregnancy, Payment of Maternity Bonus.
In respect of Plantationsthe Inspector of Plantations.
For others, assistantInspectors of Labour,Inspectresses of Labour,Coimbatore Tirunelveliand Chennai
Worker -- In respect of Plantations, Chief Inspector of Plantations,Chennai.6 For others,Inspectors of Labour and Regional DeputyCommissioners of Labour.
10 The Equal Remuneration Act,1976
Payment of Equal Wages for both the Sex (Male andFemale) in one and the sameEmploynment
--
11 The Minimum Wages Act, Payment of Minimum Wages In respect of Complaints by the Regional Deputy
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12 The Payment of Wages Act,
19361) Payment of Wages on thedue date.
2) Unauthorised Deductionsfrom Salary
In respect of Plantations, Inspector of Plantations. Motor Transport DeputyInspectors of Labour.For others, AssistantInspectors of Labour.
Claim Petitions to befiled before RegionalDeputy Commissionersof Labour, Time Limitwith in one year.
Worker
By Worker, hisauthorisedRepresentative,Inspectors under theAct.
-
-
Regional DeputyCommissioners of Labour
High Court, Chennai
13 The Payment of Gratuity Act,1972
Payment of Gratuity toWorkers
Assistant Commissioner of Labour in the Officeof the DeputyCommissioner of Labour
By worker,authorised workers
Nominee/Legal heirsin Form N within90 days. On
No timelimit
For Madurai andCoimbatore Zones,the respective JointCommissioners of Labour. For Chennai
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sufficient groundsdelayed petitionsmay also beaccepted.
Zone, the DeputyCommissioner of Labour(Appeal)Chennai.6.
14 The Payment of Bonus Act,
1965Payment of Bonus to WorkersAssistant Commissioner
of Labour in the Officeof the DeputyCommissioner of Labour
Worker - Labour Court or Government
15 The Tamilnadu Payment of Subsistance Allowance Act,1981
Payment of SubsistenceAllowance to the Workersunder Suspension
Assistant Commissioner of Labour in the Officeof the DeputyCommissioner of Labour
By Worker in Form No.3. By theAuthorisedRepresentative of theworker or the LegalHeir of the worker inForm No.4.
- Regional DeputyCommissioners of Labour / DeputyCommissioner of Labour (Appeal),Chennai.6.
Time Limit 60 days16 The Tamilnadu Industrial
Establishments (Conferment of Permanent Status to Workmen)Act, 1981.
Conferment of PermanentStatus to workmen who haveworked not less than 480 dayswithin a period of 24Calendar Months
In respect of Plantations, Inspectorsof Plantations. For others (Other thanFactories) Inspectors of Labour.
Worker - High Court, Chennai
17 The Industrial Disputes Act,1947
1) Termination of a Worker who had worked not less than240 days in a period of 12
months (See.2A)
2) Other Industrial Disputes(See.2K)
Conciliation Officers(Labour Officer /Assistant Commissioner
of Labour)
Worker
-
Labour Court
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Trade Union
-
If no settlement isarrived, Governmentmay refer the disputeto Labour Courts.
18 The Workmen CompensationAct, 1923
Payment of Compensationdue to Fatal Accident,Permanent / Temporarydisablement, Occupationaldisease
Regional DeputyCommissioner of Labour
( Commissioner for WorkmenCompensation)
By worker / HisDependants within 2years.
By worker in Form.F
By Dependants inForm.G
On Sufficientgrounds belatedapplications mayalso be accepted.
- High Court, Chennai
19 The Tamilnadu Labour WelfareFund Act, 1972.
Various Welfare Schemesimplemented by the Tamil
Nadu Labour Welfare Boardlike
The Secretary,Tamilnadu Labour Welfare Board,Chennai.6.
The Worker whohave subscribed tothe Labour WelfareFund
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1) Tailoring Centres
2) Creches
3) Reading Rooms
4) TB wards in Govt.Hospitals
5) Rest Houses
6) Holiday Homes
7) Payment of Tution Fee andExam Fee for typewriting /
shorthand.
8) Scholarship for the professional courses.
9) Book-bank scheme.
10) Issue of Spectacle,hearing aids, Tri-Cycle,Artificial limbs.
11) Payment of FuneralExpenses Rs.500/-
12) Payment of Gift to thechildren who have come firstand second rank in 10th and
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Standard
5) Payment of Rs.1000/- for the marriage expenses of thefirst two children.
21 The Standards of Weights andMeasures (Enforcement)Act,1985.
The Standards of Weights andMeasures (PackagedCommodities) Rules, 1977.
1) Defective Weights &Measures used in TradingPremises.
2) Short delivery of Goods(Short Weighment andMeasurement)
1) Failure to display thefollowing declarations on packages kept for sale
i) Name & address of theManufacturer / Packer
ii) Name of the commodity
iii) Net contents
iv) Maximum Retail Price
v) Manufacturing Date
vi) Selling the packaged for
Assistant Inspector of Labour / Inspector of Labour / RegionalDeputy Commissioner of Labour
By any person - Deputy Commissioner of Labour (Inspection), Chennai
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more than the marked price.
THE PROCEDURES FOR OBTAINING LICENCES AND REGISTRATION CERTIFICATES FROM THE LABOUR DEPARTMENT
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Sl.No.
Act & Rules
The Form in whichApplication to be
made
Authority to whomapplication to be made
Details of Fees to be paidNo. of Workers Fees
1 The Motor Transport Workers Act,1961 and the Rules made thereunder
i) To obtain Registration Certificate
ii) For Renewal (The Applicationshould be made within 30 days beforethe expiry of the Current Year)
Form No.1 inDuplicate
Form No.1 inDuplicate
The Chief Inspector of Motor Transport, Chennai-6
Through respective DeputyInspector of Labour
The Inspector of Labour (Through the Deputy Inspector of Labour)
Upto 10 workers 50.00Above 10 upto 25 110.00Above 25 upto 50 220.00Above 50 upto 100 450.00
Above 100 upto 250 1100.00Above 250 upto 500 2200.00Above 500 upto 750 3300.00Above 750 upto 1000 4500.00Above 1000 6750.00
2 The Tamil Nadu CateringEstablishment Act 1958 and the Rulesmade thereunder
i) To obtain Registration Certificate
ii) For Renewal
(The application should be made before the expiry of the Current year)
Form No.1 inDuplicate
Form No.1 inDuplicate
Assistant Inspector of Labour
Assistant Inspector of Labour
Upto 5 30.00Above 5 upto 10 60.00Above 10 upto 20 120.00Above 20 upto 50 300.00Above 50 upto 100 600.00Above 100 1500.00
3 The Contract Labour (Regulation &Abolition) Act, 1970 and the Rulesmade thereunder
(For the establishments other than factories)
Upto 20 100.00Above 20 upto 50 200.00Above 50 upto 100 500.00
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i) By the principal employer
To obtain Registration Certificate(Registration Certificate need not berenewed)
ii) By Contractor
a) To obtain Licence
Form No.1
Triplicate
The Assistant Commissioner of Labour in the office of theRegional DeputyCommissioner of Labour
Inspector of Labour
Above 100 upto 200 1000.00Above 200 upto 500 2000.00Above 500 3000.00
Upto 20 Workers 50.00Above 20 upto 50 75.00Above 50 upto 100 100.00Above 100 upto 200 150.00Above 200 upto 500 250.00Security Deposit at the rate of Rs.50/- toeach contract worker shall also be paid.(Fees as above) (For Renewal SecurityDeposit need not be paid)
4 The Plantation Labour Act, 1951 andthe rules made thereunder.
To obtain Registration Certificate(Need not be renewed)
Form No.1 inDuplicate
Inspector of Plantations
Upto 10 Hectares 50.00Above 10 upto 20 100.00Above 20 upto 50 200.00Above 50 250.00
5 The Beedi & Cigar Workers(Conditions of Employment) Act, 1966and the Rule made thereunder
i) To obtain licence
Workers With HorsePower
WithoutHorsePower
Upto 10 45.00 30.00Above 10 upto 90.00 60.00
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ii)For Renewal
The application should be made within
Form No.1 inDuplicate
Assistant Inspector of Labour
20Above 20upto 50
240.00 150.00
Above 50 upto100
450.00 300.00
Above 100 upto250
900.00 750.00
Above 250 1650.00 1500.00
6 The Standards of weights andMeasures9Enforcement) Act, 1985 andRules male thereunder
1) To obtain Manufacturer License
2) To obtain Dealers License
3) To obtain Repairer License
4) Renewal of Manufacturer Licence
5) Renewal of Dealer Licence
Form LM 1
Form LD 1
Form LR 1
Controller of Legal Metrology,Chennai.6 Through theAssistant Inspector of Labour.
Inspector of Labour, ThroughAssistant Inspector of Labour
Manufacturer Licence Fee
Dealer Licence Fee
Repairer Licence
(In respect of Repairer Licence Security Deposit of Rs.200/- shall also beremitted)
Renewal fee for Manufacturer Licence
Renewal fee for Dealer Licence
500.00
100.00
100.00
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6) Renewal of Repairer Licence
( Renewal Application should be madewithin 30 days before the expiry of theCurrent year)
Form LM 2
Form LD 2
Form LR 2
Renewal fee for Repairer Licence
500.00
100.00
100.00
7 The Standards of Weights and
Measures (Packaged Commodities)Rules, 1977
To obtain Registration Certificate bythe Manufacturer/Packer of thePackaged Commodities
(Registration Certificate need not berenewed)
One has to apply withthe following
particulars:-
1) Name & FullAddress of theManufacturer/ Packer
2) Place of Manufacturer
3) Details of PackagedCommodities
If the Marketing is within theState:- Controller of LegalMetrology, Chennai.6
If the Marketing is in more thanone State :-
Director of Legal Metrology,12-A,ZamNagar, NewDelhi- 110 011
Registration Fee Rs. 20.00