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EMPLOYMENT 1. PERMANENT 2. PROBATIONER 3. TEMPORARY 4. CASUAL 5. APPRENTICE/TRAINEE

GOVERNMENT OF KARNATAKA DEPARTMENT OF LABOUR AND NATIONAL INSTITUTE OF PERSONNEL MANAGEMENT-KARNATAKA CHAPTER JOINTLY ORGANISE.

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EMPLOYMENT 1. PERMANENT 2. PROBATIONER 3. TEMPORARY 4. CASUAL 5. APPRENTICE/TRAINEE

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  1. GOVERNMENT OF KARNATAKADEPARTMENT OF LABOUR AND NATIONAL INSTITUTE OF PERSONNEL MANAGEMENT-KARNATAKA CHAPTERJOINTLY ORGANISE

  2. PRESENTATION ON COMPLIANCE UNDER THE LABOUR LAWS ADMINISTERED BY THE DEPARTMENT OF LABOUR GOVERNMENT OF KARNATAKABYVASANTKUMAR N. HITTANAGIJOINT LABOUR COMMISSIONER AND JOINT SECRETARY KARNATAKA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD. DATE: 22-12-2010BANGALORE

  3. EMPLOYMENT 1. PERMANENT 2. PROBATIONER 3. TEMPORARY 4. CASUAL 5. APPRENTICE/TRAINEE 6. PART TIME 7. PIECE RATED 8. COMMISSION BASIS 9. CONTRACT LABOUR 10. BADALIS/SUBSTITUTES

  4. APPOINTMENT ORDER IN FORM Q WITHIN 30 DAYS OF EMPLOYMENT WOMEN CANNOT BE EMPLOYED DURING NIGHT i.e. 8.00 pm to 6.00 am EXCEPT IN I.T. SECTOR

  5. MINIMUM WAGES: MINIMUM WAGES ARE FIXED FOR 79 EMPLOYMENTS. MINIMUM WAGES : BASIC + D.A.LIST OF FEW EMPLOYMENTS FOR WHICH M.W. IS FIXED

  6. S.12 OF THE M.W. ACT, 1948 : EMPLOYER SHALL PAY WAGES AT A RATE NOT LESS THAN MINIMUM RATE OF WAGES.

  7. WAGE DEFINITION: WAGES MEANS SALARY, ALLOWANCES EXPRESSED IN TERMS OF MONEY AND INCLUDES REMUNERATION PAYABLE UNDER ANY AWARD OR SETTLEMENT BETWEEN THE PARTIES OR ORDER OF A COURT; REMUNERATION IN RESPECT OF OVERTIME WORK OR HOLIDAYS OR ANY LEAVE PERIOD, ANY ADDITIONAL REMUNERATION PAYABLE UNDER THE TERMS OF EMPLOYMENT WHETHER CALLED BONUS OR BY ANY OTHER NAME, ANY SUM PAYABLE UNDER ANY LAW ON ACCOUNT OF TERMINATION OF EMPLOYMENT, ANY SUM PAYABLE UNDER ANY SCHEME FRAMED UNDER ANY LAW.

  8. THE FOLLOWING ARE NOT INCLUDED IN THE WAGE PROFIT SHARING BONUS, VALUE OF HOUSE ACCOMMODATION, SUPPLY OF LIGHT, WATER, MEDICAL ATTENDANCE, CONTRIBUTION PAID TO ANY PENSION OR P.F., T.A., TRAVELLING CONCESSION, ANY SUM PAID TO DEFRAY SPECIAL EXPENSES ENTAILED ON HIM BY THE NATURE OF HIS EMPLOYMENT OR ANY GRATUITY.

  9. WAGE PERIOD: A PERIOD FOR WHICH WAGES ARE TO BE PAID, FOR E.G. I) WEEKLY II) FORTNIGHTLY III) MONTHLY. WAGE PERIOD TO BE FIXED BY THE EMPLOYER.DATE OF PAYMENT OF WAGES : WAGES TO BE PAID BEFORE THE EXPIRY OF THE SEVENTH DAY AFTER THE COMPLETION OF WAGE PERIOD EMPLOYING LESS THAN 1000 AND BEFORE 10TH EMPLOYING MORE THAN 1000 EMPLOYEES

  10. PAYMENT OF WAGES: WAGES TO BE PAID IN CURRENCY. WRITTEN AUTHORIZATION FROM EMPLOYEE REQUIRED TO PAY WAGES BY CHEQUE OR BY CREDITING IT INTO BANK ACCOUNT . PAYMENT DAY: WAGES TO BE PAID ON A WORKING DAY. DURING WORKING HOURS AND AT WORKSPOT

  11. DEDUCTIONS PERMISSIBLE FROM THE WAGES:I) FINES II) ABSENCE FROM DUTY III) FOR DAMAGE TO OR LOSS OF GOODS ENTRUSTED TO THE CUSTODY OF EMPLOYEES, FOR LOSS OF MONEY FOR WHICH THE EMPLOYEE IS ACCOUNTABLE. IV) FOR HOUSE ACCOMMODATION PROVIDED BY EMPLOYER. V) FOR AMENITIES AND SERVICES SUPPLIED BY EMPLOYER. VI) FOR RECOVERY OF ADVANCES OR ADJUSTMENT OF OVER PAYMENTS OF WAGES. VII) FOR INCOME –TAX. VIII) COURT ORDER. IX) P.F. X) ESI.

  12. XI) CO-OP SOCIETY LOAN. XII) HOUSE BUILDING LOANS. XIII) REGISTERED TRADE UNION SUBSCRIPTION WITH WRITTEN AUTHORIZATION OF THE EMPLOYEE AND THE PRESIDENT OR THE SECRETARY OF THE UNION.TOTAL DEDUCTIONS SHALL NOT EXCEED 50% OF WAGES P.M.

  13. FINE IMPOSITION: BEFORE IMPOSING FINE OR DEDUCTING FOR DAMAGE OR LOSS, THE EMPLOYER TO EXPLAIN PERSONALLY AND ALSO IN WRITING THE ACT OF OMISSION OR THE DAMAGE OR LOSS TO THE EMPLOYEE AND GIVE HIM AN OPPORTUNITY TO OFFER EXPLANATION IN THE PRESENCE OF ANOTHER PERSON.FINE REMITTANCE:THE AMOUNT OF FINE IMPOSED (WHICH IS 3% OF WAGES) SHALL BE REMITTED TO THE KARNATAKA LABOUR WELFAREFUND.

  14. WAGE SLIP: IN FORM VI TO BE ISSUED TO THE EMPLOYEE. WORKING HOURS:1) 8 HOURS PER DAY.2) CONTINUOUS WORK AT A STRETCH : 5 HOURS.3) THE SPREAD OVER : 12 HOURS. EX:- 8 AM TO 8 PM. NOT: 8 AM TO 9 PM OPENING & CLOSING HOURS: 6 AM TO 9PM REST INTERVAL:ONE HOUR

  15. OVER TIME WAGES1)THE WEEKLY WORKING HOURS : 8 X 6 = 48 HOURS2) FOR MORE THAN 48 HOURS WORK : DOUBLE WAGES PER HOUR TO BE PAID AS OT. (OT NOT COMPUTED ON HRA, MEDICAL ATTENDANCE, TA, TOTAL NO. OF OT HOURS IN 3 CONTINUOUS MONTHS: 50 HOURS ONLY.)REST DAY:WEEKLY HOLIDAY

  16. LEAVE : I) ONE DAY PER 20 DAYS OF WORKII) UN-AVAILED LEAVE : CARRY FORWARD TO THE NEXT CALENDAR YEAR UPTO 30 DAYS.III) LEAVE ENCASHMENT: AT THE TIME OF TERMINATION OF THE EMPLOYMENT ONLY. IV) FORM-H : LEAVE CARD : TO BE GIVEN TO EMPLOYEES. SICK LEAVE: 12 DAYS SICK LEAVE WITH WAGES: PER YEAR

  17. NATIONAL & FESTIVAL HOLIDAYS: 26TH JANUARY,15TH AUGUST,2ND OCTOBER, 1ST MAY, 1ST NOVEMBER AND 5 OTHER HOLIDAYS WITH WAGES IN A YEAR: TO BE GIVEN TO THE EMPLOYEES.GRANT OF HOLIDAY ON POLLING DAY LOK SABHA: ASSEMBLY ELECTION: EMPLOYEE WHOSE NAME IS IN VOTERS LIST: SHALL BE ALLOWED PAID HOLIDAY TO CAST HIS VOTE.

  18. MATERNITY BENEFITI) ELIGIBILITY: WOMAN EMPLOYEE SHOULD HAVE WORKED FOR EIGHTY DAYS BEFORE THE EXPECTED DATE OF DELIVERY.II) MAXIMUM MATERNITY BENEFIT: 12 WEEKS I.E 84 DAYS.III) IN CASE OF MISCARRIAGE, A WOMAN IS ENTITLED TO LEAVE WITH WAGES OF SIX WEEKS FROM THE DATE OF MISCARRIAGE.

  19. IV) MEDICAL BONUS : RS. 2500=00 WHERE NO PRE-NATAL & POST-NATAL CARE IS PROVIDED BY THE EMPLOYER.V) ESTABLISHMENTS COVERED UNDER ESI ARE EXEMPT FROM M.B. ACT. HOWEVER, EMPLOYEES DRAWING MORE THAN 15,000=00 PM ARE COVERED UNDER M.B. ACT.

  20. BONUSI) APPLICABLE WHERE 10 OR MORE EMPLOYEES ARE EMPLOYED. DRAWING SALARY NOT EXCEEDING RS. 10,000/-II) MINIMUM BONUS: 8.33%III) MAXIMUM BONUS: 20%IV) EMPLOYEE SHALL WORK FOR A MINIMUM OF THIRTY DAYS TO BE ELIGIBLE TO RECEIVE BONUS.V) BONUS IS TO BE PAID WITHIN EIGHT MONTHS FROM THE CLOSE OF THE ACCOUNTING YEAR I.E. BEFORE NOVEMBER WHERE THE ACCOUNTING YEAR CLOSES ON 31ST MARCH.

  21. LABOUR WELFARE FUNDAPPLICABLE TO ESTABLISHMENTS EMPLOYING MORE THAN 50 PERSONS: TO PAY RS. 3/- PER EMPLOYEE (EMPLOYEES CONTRIBUTION) ON THE ROLL AS ON 31ST DECEMBER AND RS. 6/- PER EMPLOYEE (EMPLOYER’S CONTRIBUTION) AND ALL FINES REALISED FROM EMPLOYEES, ALL UNPAID ACCUMULATIONS MEANS PAYMENTS DUE TO EMPLOYEES BUT NOT MADE WITHIN 3 YEARS FROM THE DUE DATE INCLUDING WAGES AND GRATUITY TO THE KARNATAKA LABOUR WELFARE BOARD.

  22. GRATUITYAPPLICATION1) TO EVERY FACTORY, ESTABLISHMENT EMPLOYING TEN OR MORE PERSONS.2) ONCE THIS ACT IS APPLIED IT SHALL CONTINUE TO APPLY EVEN IF THE NUMBER OF PERSONS GETS REDUCED AT A LATER DATE.

  23. WAGES • ALL EMOLUMENTS WHICH ARE EARNED BY AN EMPLOYEE WHILE ON DUTY OR ON LEAVE • INCLUDES DEARNESS ALLOWANCE • BUT DOES NOT INCLUDE • ANY BONUS, COMMISSION, HOUSE RENT ALLOWANCE, OVERTIME WAGES AND ANY OTHER ALLOWANCE

  24. WHO IS ELIGIBLE FOR GRATUITY AND WHEN? GRATUITY SHALL BE PAYABLE TO AN EMPLOYEE ON THE TERMINATION OF HIS EMPLOYMENT AFTER HE HAS RENDERED CONTINUOUS SERVICE FOR NOT LESS THAN FIVE YEARS,- (I) ON HIS SUPERANNUATION, OR (II) ON HIS RETIREMENT OR RESIGNATION, OR (III) ON HIS DEATH OR DISABLEMENT (FIVE YEAR SERVICE NOT REQUIRED) DUE TO ACCIDENT OR DISEASE: MAXIMUM GRATUITY PAYABLE : RS. TEN LAKHS

  25. REGISTRATION UNDER SHOP ACT i) TO REGISTER WITHIN 30 DAYS OF COMMENCEMENT : FORM A II) REGISTRATION FEES: W.E.F. 22-04-2010 NO. OF EMPLOYEESRS. I) NIL EMPLOYEES 250.00 II) 1 TO 9 EMPLOYEES 500.00 III) 10 TO 19 3,000.00 IV) 20 TO 49 8,000.00 V) 50 TO 99 15,000.00 VI) 100 TO 250 30,000.00 VII) 251 TO 500 35,000.00 VIII) 501 TO 1000 45,000.00 IX) ABOVE 1000 50,000.00

  26. III) VALIDITY OF REGISTRATION: FIVE YEARS IV) RENEWAL: BEFORE THE DATE OF EXPIRYV) RENEWAL FEES: SAME AS REGISTRATIONVI) DUPLICATE CERTIFICATE: RS. 50.00VII) CHANGES IN RESPECT OF FROM A TO BE NOTIFIED WITHIN 15 DAYS.

  27. CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 & KARNATAKA RULES, 1974 FEE STRUCTURE : REGISTRITION, LICENCE W.E.F. 22-09-2010 FOR GRANT OF A CERTIFICATE OF REGISTRATION UNDER SECTION 7, FEE SHALL BE PAID AS SPECIFIED BELOW NAMELY:- IF THE NUMBER OF WORKMEN PROPOSED TO BE EMPLOYED ON CONTRACT ON ANY DAY:- • IS 20 - RS. 1000-00 • EXCEEDS 20 BUT DOES NOT EXCEED 50 - RS. 1500-00 • EXCEEDS 50 BUT DOES NOT EXCEED 100 - RS. 2500-00 • EXCEEDS 100 BUT DOES NOT EXCEED 200 - RS. 3000-00 • EXCEEDS 200 BUT DOES NOT EXCEED 400 - RS. 4500-00 • EXCEEDS 400 BUT DOES NOT EXCEED 500 - RS. 5000-00 • ABOVE 500 - Rs. 6000-00

  28. FOR GRANT OF A LICENCE UNDER SECTION 12, FEE SHALL BE PAID AS SPECIFIED BELOW NAMELY;- IF THE NUMBER OF WORKMEN EMPLOYED BY THE CONTRACTOR ON ANY DAY:- • IS 20 - RS. 500-00 • EXCEEDS 20 BUT DOES NOT EXCEED 50 - RS. 1000-00 • EXCEEDS 50 BUT DOES NOT EXCEED 100- RS. 1500-00 • EXCEEDS 100 BUT DOES NOT EXCEED 200- RS. 2000-00 • EXCEEDS 200 BUT DOES NOT EXCEED 400- RS. 3000-00 • EXCEEDS 400 BUT DOES NOT EXCEED 500- RS. 4000-00 • ABOVE 500 - RS. 5000-00 (SECURITY DEPOSIT PER WORKER : RS. 25/-)

  29. STANDING ORDERSAPPLICATION: EVERY INDUSTRIAL ESTABLISHMENT WHEREIN FIFTY OR MORE WORKMEN ARE EMPLOYED, OR WERE EMPLOYED ON ANY DAY OF THE PRECEDING TWELVE MONTHS. WITHIN SIX MONTHS FROM THE DATE ON WHICH THIS ACT BECOMES APPLICABLE TO AN INDUSTRIAL ESTABLISHMENT, THE EMPLOYER SHALL SUBMIT TO THE CERTIFYING OFFICER FIVE COPIES OF THE DRAFT STANDING ORDERS FOR ADOPTION IN INDUSTRIAL ESTABLISHMENT.

  30. DISPLAY OF NOTICE/CERTIFICATES THE KARNATAKA SHOPS & COMMERCIAL ESTABLISHMENTS ACT & RULES i) REGISTRATION CERTIFICATE ii) THE WEEKLY HOLIDAY iii) WORKING HOURS, SALARY DAY iv) ABSTRACT OF THE ACT & RULE

  31. THE MINIMUM WAGES ACT & RULES i) FORM X : ABSTRACT OF THE ACT ii) FORM XIII : NAME OF EMPLOYEES, WEEKLY HOLIDAY, WORKING HOURS, TIME OF PAYMENT OF WAGES. THE PAYMENT OF GRATUITY ACT & RULES i) ABSTRACT OF THE ACT & RULES ii) NAME OF AUTHORISED PERSON TO RECEIVE NOTICES UNDER THE ACT

  32. THE PAYMENT OF WAGES ACT & RULES i) FORM VI: RATE OF WAGES ii) DATE OF PAYMENT OF WAGES iii) FORM V : ABSTRACT OF THE ACT & RULE CONTRACT LABOUR (R&A) ACT & RULS i) P.E/CONTRACTOR TO DISPLAY NOTICE : RATE OF WAGES, HOURS OF WORK, WAGE PERIOD, DATE OF PAYMENT, NAME OF INSPECTOR, PLACE OF DISBURSEMENT OF WAGES.

  33. PAYMENT OF BONUS ACT & RULES FORM A, B & C REGISTER KARNATAKA LABOUR WELFARE FUND ACT & RULES FORM A: REGISTER OF WAGES FORM B: REGISTER OF FINES REALISED AND UNPAID ACCUMULATIONS FOR THE YEAR.

  34. FORM – U Combined Annual Return in lieu of ANNUAL RETURNSKARNATAKA SHOPS AND ESTABLISHMENT ACT, 1961 & RULES, 1963 FORM XXV, RULE 82[2] OF CONTRACT LABOUR [REGULATION AND ABOLITION] KARNATAKA] RULES, 1974. FORM III, RULE 22[4] MINIMUM WAGES [KARNATAKA] RULES 1958. FORM XX OF RULE 20[1] OF PAYMENT OF WAGES [KARNATAKA] RULES 1965. FORM XX RULE 16 MATERNITY BENEFIT [KARNATAKA] RULES 1966.

  35. 1. NAME OF THE ESTABLISHMENT:2. FULL POSTAL ADDRESS: TELEPHONE FAX E-MAIL3. ESTABLISHMENT4. REGISTERED OFFICE/HEAD OFFICE5. NAME AND RESIDENTIAL ADDRESS OF THE EMPLOYER OR A PERSON RESPONSIBLE FOR CONDUCT AND CONTROL OF THE BUSINESS:

  36. 6. NAME AND RESIDENTIAL ADDRESS OF THE MANAGER/ AUTHORISED SIGNATORY 7. NAME OF BUSINESS OF THE ESTABLISHMENT 8. (A) PARTICULARS OF EMPLOYMENT:

  37. 9. (B) NO. OF EMPLOYEES WHOSE EMPLOYMENT IS CEASED:

  38. 10. PARTICULARS OF EARNED LEAVE WITH WAGES:

  39. 11. WHETHER THE FOLLOWING WELFARE MEASURES ARE PROVIDED? CANTEEN YES/NO/NOT APPLICABLE CRECHES YES/NO/NOT APPLICABLE SHELTERS, REST ROOMS AND LUNCH ROOMS YES/NO/NOT APPLICABLE 4. TRANSPORT FACILITY YES/NO/NOT APPLICABLE

  40. 12. [A] PARTICULARS OF MATERNITY BENEFITS :-

  41. 12. [B] LEAVE/ADDITIONAL LEAVE DETAILS 12. [C] WHETHER THE FOLLOWING WELFARE MEASURES ARE PROVIDED?

  42. 13. Particulars of deductions made from salary [Wages] 14. Contract Labour :

  43. CERTIFIED THAT THE INFORMATION FURNISHED ABOVE TO THE BEST OF MY KNOWLEDGE BELIEF IS CORRECT.SIGNATURES OF EMPLOYER/MANAGER/AUTHORISED SIGNATORYNAME [IN CAPITALS]DESIGNATIONDATE:PLACE:

  44. INDUSTRIAL DISPUTE ACT, 1947 LABOUR ABSENTEEISM (IN TERMS OF MANDAYS LOST) IN INDUSTRIAL UNIT

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