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Training Module On Labour Laws Applicable to Manufacturing Industries

Training Module On Labour Laws Applicable to Manufacturing Industries. Various Acts. The Factories Act The Contract Labour (R&A) Act The Payment of Wages Act The Minimum Wages Act The Payment of Bonus Act The Employment Exchanges Act The Provident Fund Act The Profession Tax Act

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Training Module On Labour Laws Applicable to Manufacturing Industries

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  1. Training ModuleOn Labour LawsApplicable to Manufacturing Industries

  2. Various Acts The Factories Act The Contract Labour (R&A) Act The Payment of Wages Act The Minimum Wages Act The Payment of Bonus Act The Employment Exchanges Act The Provident Fund Act The Profession Tax Act The Workmens Compensation Act The Maternity Benefit Act The Industrial Employment (Standing Orders) Act The Bombay Labour Welfare Fund Act The Payment of Gratuity Act The Bombay Shops and Establishment Act The Industrial Disputes Act The Water (Prevention & Control of Pollution) Act The Maharashtra Recognition of Trade Union (MRTU) and Prevention of Unfair Labour Practices (PULP) Act 18. The Employees’ State Insurance Act

  3. Applicability of Acts The Factories Act Applicability : Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power, where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power. Scope : An Act to consolidate and amend the law regulating labour in factories Comments : This Act covers basic rules and regulations for starting of a new factory and maintaining it consistently under the conditions prescribed in the Act for safety and health and welfare of the employees.

  4. Applicability of Acts The Payment of Wages Act Applicability : Every Factory Scope : An Act to regulate the payment of wages to certain classes of employed persons. Comments : This Act covers various rules regarding payment of wages like date of payment, place of payment, mode of payment, verification by principle employer and records thereof. It also describes eligible deduction from wages and related procedures.

  5. Applicability of Acts The Minimum Wages Act Applicability : Every Factory Scope : An Act to provide for fixing minimum rates of wages in certain employments. Comments : This Act covers rules & regulations regarding minimum wages applicable to nature of industry which is decided based on process carried out. It also covers the index for Dearness Allowance and HRA rules.

  6. Applicability of Acts The Contract Labour (Regulation & Abolition) Act Applicability : Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities, to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen. Scope : An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. Comments : The principle employer and the contractor should obtain a permission by applying for registration to The Competent Authority.

  7. Applicability of Acts The Payment of Bonus Act Applicability : Every factory & every other establishment in which twenty or more persons are employed on any day during an accounting year. Scope : An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. Comments : Every factory or establishment completed 5 years or the year in which it earns profits whichever is earlier, this Act is applicable then onwards. Registers to be maintained and Returns to be submitted on applicability of this Act.

  8. Applicability of Acts The Employment Exchanges (Compulsory Notification of Vacancies) Act Applicability : Every establishment employing twenty five or more persons. Scope : An Act to provide for compulsory notification of vacancies to Employment Exchanges. Comments : Needs to comply by notifying vacancies every quarter and to submit the returns quarterly as well as biannually.

  9. Applicability of Acts The Provident Fund Act Applicability : Every establishment which is a factory specified in Schedule I and where twenty or more persons are employed. Scope : An Act to provide for the institution of Provident Funds for employees in factories and other establishments Comments : Registration under the Act is mandatory for all. Principle employer is responsible for deductions and remittance of PF contributions under this Act even for contract employees also. Monthly, yearly returns are required to be submitted in the prescribed format.

  10. Applicability of Acts The Profession Tax Act Applicability : Every Factory / Establishment Comments : Registration under the Act is mandatory for all. Principle employer is responsible for deductions and remittance of Profession Tax under this Act even for contract employees also. Monthly, yearly returns are required to be submitted in the prescribed format.

  11. Applicability of Acts The Workmens Compensation Act Applicability : Every Factory Scope : An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. Comments : The Act speaks about the compensation payable in case of disablement due to occupational hazards. ESI can be substituted by having insurance policy under the Act to take care of compensation payable, if any.

  12. Applicability of Acts The Maternity Benefit Act Applicability : Every shop & establishment in which ten or more persons are employed on any day of the preceding twelve months or where Employees State Insurance Act is applicable for the time being. Scope : An Act to regulate employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefits and certain other benefits. Comments : This act describes maternity benefits to the working women in certain establishments.

  13. Applicability of Acts The Industrial Employment (Standing Orders) Act Applicability : Every industrial establishment wherein fifty or more workmen are employed on any day of preceding twelve months. Scope : An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments. Comments : This Act regulates basic terms and conditions of employment. The employer can get its rules and regulations certified from the competent authority or The Model Standing Orders described in the Act gets applied to the establishment.

  14. Applicability of Acts The Bombay Labour Welfare Fund Act Applicability : Applies to every factory within the meaning of Factories Act, 1948,every establishment within the meaning of Shop & Establishment Act, 1948, branches / Depts. situated in the same premises or different places thereof. Scope : An Act to provide Constitution of a fund for the financing of activities to promote welfare of labour in the state of Maharashtra Comments : The employer has to deduct the amount specified every six month from the eligible employees salary / wages and remit the same to the Welfare Fund. The amount collected is used for the welfare of labours by various means.

  15. Applicability of Acts The Payment of Gratuity Act Applicability : Every factory, every shop & establishment in which ten or more persons are employed, or were employed on any day of the preceding twelve months. Scope : An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops and other establishments and for matters connected therewith or incidental thereto. Comments : Every employee who has completed his 4 years and 240 days’ uninterrupted continuous service is eligible to get benefits under this Act. While calculating the refund to the employee the basic pay is to be divided by 26 days and the employee gets 15 days of basic pay for every completed year.

  16. Applicability of Acts The Bombay Shops and Establishment Act Applicability : Every Shop and Establishment which is not a Factory under The Factories Act. Scope : An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other places, public amusement or entertainment and other establishments. Comments : This Act covers every shop and establishments which is not a factory and regulates the conditions of employment. The employer has to obtain a license from the authority under the Act and renew it regularly before the expiry.

  17. Applicability of Acts The Industrial Disputes Act Applicability : Every factory Scope : An Act to make provisions for the investigation and settlement of industrial disputes and for certain other purpose Comments : The act describes the meaning, legality and rules regarding Strike, Lock-out, Lay-off and Retrenchment. It also describes the procedure of making complaints to the competent authority and the settlement thereof.

  18. Applicability of Acts The Water (Prevention & Control of Pollution) Act Applicability : Every factory Scope : An Act to provide for prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out of the purposes aforesaid, of Boards for the prevention and Control of Water Pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. Comments : This act covers all rules and regulations related to prevention of Water and Air pollution and control thereto. Every employer has to obtain a license to establish / operate from the MPCM Board.

  19. Applicability of Acts The Employees’ State Insurance Act Applicability : Every factory & establishment (for employees drawing wages less than Rs. 7,500/-) Scope : An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Comments : This act covers all rules and regulations related to employee safety & health issues.

  20. The Factories Act

  21. The Factories Act ( contd.. )

  22. The Contract Labour (Regulation & Abolition) Act

  23. The Payment of Wages Act

  24. The Minimum Wages Act

  25. The Payment of Bonus Act

  26. The Employment Exchanges (Compulsory Notification of Vacancies)Act

  27. The Provident Fund Act

  28. The Workmens Compensation Act

  29. The Maternity Benefit Act

  30. The Industrial Employment (Standing Orders) Act

  31. The Bombay Labour Welfare Fund Act

  32. The Payment of Gratuity Act

  33. The Bombay Shops & Establishments Act

  34. The Industrial Disputes Act This act covers the provisions related to Change in the service condition of any workman, Strike, Lock-out, Lay-off, Retrenchment

  35. The Water (Prevention & Control of Pollution) Act

  36. The Employees’ State Insurance Act

  37. List of acts and commissions which amounts to misconduct • Willful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior. • Going on illegal strike or abetting, inciting, instigating or acting in furtherance thereof; • Willful slowing down in performance of work, or abetment or instigation thereof; • Theft, fraud or dishonesty in connection with the employers’ business or property or the theft or property of another workman within the premises of the establishment; • Taking or giving bribes or any illegal gratification; • Habitual absence without leave, or absence without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation; • Late attendance on not less than four occasions within a month; • Habitual breach of any Standing Order or any law applicable to the establishment or ant rules made there under; • Collection without the permission of the Manager of any money within the premises of the establishment except as sanctioned by any law for the time being in force;

  38. List of acts and commissions which amounts to misconduct • Engaging in trade within the premises of the establishment; • drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment; • Commission of any act subversive of discipline or good behaviour on the premises of the establishment; • Habitual neglect of work, or gross or habitual negligence; • Habitual breach of ant rules or instruction for the maintenance and running of any department, or the maintenance of the cleanliness of any portion of the establishment; • Habitual commission of any act or commission for which a fine may be imposed under the Payment of Wages Act, 1936. • Canvassing for union membership, or the collection of union dues within the premises of the establishment except in accordance with any law or with the permission of the Manager • Wilful damage to work in process r to any property of the establishment; • holding meeting inside the premises of the establishment without the previous permission of the Manager or except in accordance with the provisions of any la for the time being in force;

  39. List of acts and commissions which amounts to misconduct • Disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work; • Gambling within the premises of the establishment; • Smoking or spitting on the premises of the establishment where it is prohibited by the employer; • Failure to observe safety instructions notified b the employer or interference with any safety device or equipment installed within the establishment; • Distributing or exhibiting within the premises of the establishment hand-bills, pamphlets, posters, and such other things or causing to be displayed by means of signs or writing or other visible representation on any matter without previous sanction of the Manager; • Refusal to accept a charge-sheet, order or other communication served I accordance with these Standing Orders; • Unauthorised possession of any lethal weapon in the establishment.

  40. Check list for CompliancesUnder The Labour Laws Click Here

  41. Labour Laws Authorities under various Labour Laws 1.The Factories Act. Joint Director Industrial Safety & Health 2.The Minimum Wages Act.Joint Commissioner of Labour. 3.The Payment of Wages Act. Joint Commissioner of Labour. 4.The payment of Bonus Act. Joint Commissioner of Labour. 5.The Contract labour Act. Joint Commissioner of labour. 6.The Pollution Control Act. The Sub Regional Officer, MPCB. 7.The E.S.I.Act. The Sub Regional Officer ESIC. 8.The Employment Exchange Act. The Sub Regional Officer. 9.The Bombay Labour Welfare Act. The Labour Welfare Officer. 10.The Shops & Establishment Act. The Assistant Commissioner. 11.The Workmens Compensation Act. Joint Director Industrial Safety & Health. 12.The Provident Fund Act. Commissioner Provident Fund.

  42. Drafts • Warning Letter for absenteeism • Charge Sheet cum Notice of Enquiry for absenteeism • Notice for Illegal Strike

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