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Commercial Establishment Act

Commercial Establishment Act. Business Law. Commercial establishment;.

jameshopkins
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Commercial Establishment Act

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  1. Commercial Establishment Act Business Law www.assignmentpoint.com

  2. Commercial establishment; Commercial establishment -establishment in which the business of advertising , commission or forwarding is conducted or which is a commercial agency and includes a clerical department or of a industrial or commercial undertaking , the office establishment of a person who for the purpose of fulfilling a contract with the owner of any CE o r IE employs worker , a joint stock company , an insurance company or a banking company or a bank a broker office or a stock exchange , a club an hotel or restaurant or eating house , a cinema or theater or such other establishment Industrial establishment- any workshop or other establishment in which articles are produced , adopted or manufactured or where the work of making , altering repairing ornamenting , finishing or packing or otherwise treating any article or substances with a view to use transport , sale delivery or disposal is carried on and includes any dock wharf jetty or such other class of establishment www.assignmentpoint.com

  3. Shop Shop – means any premises used wholly or in part for the wholesale or retail sale of commodities or articles for cash and credit or service are rendered to customer and includes an office , storeroom , go down warehouse or work place whether in same premises or elsewhere, mainly in connection with such trade or business Employer- means the owner of shop , CE, IE a person , a body of person or body corporate , company or institution , managing a shop , CE, IE or their heirs , successors – the authority appointed- local authority or the head of the department ,manager ,CEO or the officer appointed , director, manager, secretary , agent and other official connected with management and responsible to the owner for the supervision and control of such shop www.assignmentpoint.com

  4. Worker Worker- any person employed in any shop IE,CE to do any skilled , unskilled , manual , technical , trade promotional or clerical work for hire or reward , with implied or expressed terms of employment – but not in a managerial or supervisory capacity Classification of workers and period of probation Apprentice; -a learner who is paid an allowances during the period of his training Badli- a worker who is appointed in the post of permanent worker or a probation who is temporarily absent Casual worker- a worker whose employment is of casual nature Permanent worker;- a worker who has been engaged in permanent basis or who has satisfactorily completed the period of his probation Temporary worker; worker who has been engaged in work which essentially temporary nature had is likely to be finished within a limited period Probationer;- a worker who is provisionally employed to fulfill a permanent vacancy in a post and has not completed the period of his probation www.assignmentpoint.com

  5. THE EMPLOYMENT OF LABOR (STANDING ORDER) act, 1965. Definitions: Stoppage of work.- the employer may at any time in the event of fire , catastrophe or breakdown of machinery , or stoppage of power supply epidemics or other cause beyond the control , stop any section or sections of the shop CE,IE Lay-off; - failure refusal or inability of an employer on account of shortage of coal , power or raw material or the accumulation of stock or break down the machinery or for any other reason to give employment to a worker whose name is in master rolls • Calculation of ‘one year’ or ‘six months’ of continuous service.- 240 days for 1 year , 140 days for six month • Right of laid-off workers for compensation- if completed 1 year then should paid by the employer during lay off (45 days + 15 days ) • Muster-roll for laid-off workers • Workers not entitled to compensation in certain cases- if employee refuse to accept – alternative employment , if does not present himself and lay off due to strike www.assignmentpoint.com

  6. Retrenchment – termination by the employer of service s of worker not a measure of punishment inflicted by way of disciplinary action , but on the ground of redundancy • Conditions of retrenchment- one month notice , a copy to the chief inspector – 30 days of wages for completed year of services of • Procedure for retrenchment – who is the last person to be employed • Re employment of retrenched worker – priority to the length of services www.assignmentpoint.com

  7. Discharge/ Dismissal Discharge; - termination of services of a worker by the employer for reason of physical or mental in capacity or continued ill health of the worker or such other similar reason not amounting to misconduct Dismissal; termination of services of a worker by the employer for misconduct ( 3 days time to explain Misconduct –falsifying tampering or damaging records willful insubordination Theft fraud and dishonesty taking and giving bribes habitual absence habitual breach of law habitual negligence Habitual late attendance disorderly behavior Illegal strike , go slow repetition of act - fee www.assignmentpoint.com

  8. Termination of employment- 120 days notice / payment – 30 days wages for every completed year • Provident Fund- no one shall deprive • Certificate of service • Grievance procedure – 15 days • Liability of employer www.assignmentpoint.com

  9. Go-slow; an organized deliberate purposeful slowing down of normal output of work by a body of workers in a connected manner which is not due to the mechanical defect , break down of machinery , failure or defect in power supply or in the supply of normal materials and spare parts of machinery www.assignmentpoint.com

  10. THE INDUSTRIAL RELATIONS ORDINANCE Definitions Industrial dispute – means any dipute or difference between employers and employers or between employers and workmen or between workmen and work men which is connected with employment or the terms of employment or the condition of work of any person Strike – means cessation of work by a body of person Arbitrator, Award, Collective bargaining agent, Conciliation proceedings, Director of Labor, Employer, Establishment, Executive, Illegal lock-out, Illegal strike, Industrial dispute, Industry, Labor court, Lock-out, Organization, Officer, Prescribed, Public utility service, Registered trade union, Registrar, Rule, settlement, State-owned manufacturing industry, Strike, trade union, Tribunal, Worker and work men. www.assignmentpoint.com

  11. Trade unions and freedom of association • Application for registration • Requirements for application: • A statement showing • Name of the trade union, • Date of formation, • The titles, names, ages, addresses and occupations of officers, • Statement of total paid membership. www.assignmentpoint.com

  12. Three copies of constitution of the trade union • Copy of the resolution Requirements for registration • Name and address • Objects • The manner in which a worker may become a member of a trade union and sources of fund • Benefit under membership • Maintenance of a member list www.assignmentpoint.com

  13. Maintenance of a list that facilities are to be provided • Manner of constitution amendment • Safe custody of funds of the union • Manner in which the trade union may be dissolved • Manner of election of officers by general body of the union • Procedure of expressing want of confidence • Meetings of the executive and general body of the trade union www.assignmentpoint.com

  14. Disqualification for being an officer or a trade union • Registration • Certificate of registration • Cancellation of registration • Appeal against cancellation • Registration on dual membership • Registrar of trade unions • Powers and functions of Registrar • Incorporation of registered trade un ion. www.assignmentpoint.com

  15. RIGHTS AND PRIVILEGES OF REGISTERED TRADE UNIONS AND COLLECTIVE BARGAINING AGENTS • Law of conspiracy limited in application • Immunity from civil suit in certain cases • Enforceability of agreement • Registration of federation of trade union • Returns • Collective bargaining agent • Collective bargaining agent for institutions with more than one establishment • Check-off www.assignmentpoint.com

  16. JOINT CONSULTATION, CONSULTATION AND MEDIATION • Participation committee • Functions of the participation committee • Meetings of the participation committee • Negotiations relating to industrial disputes • Conciliator; conciliation before notice of strike, etc • Notice of strike or lock-out • Conciliation after notice of strike or lock-out • Proceedings before conciliation conciliator www.assignmentpoint.com

  17. Arbitration • Strike and lock-out • Strike or lock-out in public utility services • Application to labor court LABOR COURT • Labor court • Procedure and powers of labor court • Awards of decisions of labor court • Labor appellate tribunal www.assignmentpoint.com

  18. Settlement and awards on whom binding • Effective date of settlement, award etc. • Commencement and conciliation of proceedings • Raising industrial disputes • Prohibition of serving notice of strike or lock-out while proceedings pending • Power of labor court and tribunal to prohibit strike etc. • Illegal strikes and lock-outs www.assignmentpoint.com

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