Dear Seniors,

In the recent Parliament session the Bill The Small Factories (Regulation of Employment and Conditions of Services),2014 has passed. In that some confusions were arising. Please see the attachment act and the following points. Please any one clarify whether THE EXISTING LABOUR LAWS ARE APPLICABLE OR NOT.

Chapter – VIII

25. Social Security

Provident Fund, Health Insurance ( May be ESI), Gratuity etc are eligible but

Chapter – XIV.

54. Non-application of certain laws:

The following laws shall not apply to any small factory:

1. The Factories Act,1947

2. The Industrial Disputes Act, 1947

3. The Industrial Employment (Standing orders) Act 1946.

4. The Minimum Wages Act,1948

5. The Payment of Wages Act, 1936

6. The Payment of Bonus Act, 1965

7. The Employees State Insurance Act, 1948

8. The Employees Provident Funds and Miscellaneous Provisions Act,1952

9. The Maternity Benefit Act 1961

10. The Employees compensation Act,1923

11. The Inter-state Migrant Workmen (Regulation of Employment and Conditions

of Service ) Act, 1979

12. (State) Shops and Establishments Act

13. The Equal Remuneration Act, 1976.

14. The Child Labour (Prohibition and Regulation)Act,1986

Please clarify on this. The new act is attached.

Regards,

PBS KUMAR

From India, Kakinada
Attached Files (Download Requires Membership)
File Type: pdf NEW SMALL FACTORIES ACT , 2014.pdf (333.7 KB, 272 views)

Trimurti Group offer Small Factories Act Consultancy Services

We are providing Following Services in Compliances to the Provision of Small Factories (Regulation of Employment & Conditions) Act 2014 (Maharashtra Small factories Rules 2014)

1. Providing Day to day consultancy for matter pertaining to Small Factories Act 2014

2. Explain the objectives of the Maharashtra Small factories Rules 2014 & guide about its applicability and benefits.

3. Submit online application & along with prescribe documents & fees to obtain Certificate of registration & Labour Identification Number (LIN) for the Employer & Establishment

4. Ensure & Assistance in the Complying the various provision under Small Factories act like

01. Salary & Wages (include- Payment of Wages, Minimum Wages, Deductions, Non Payment of wages, Wages of Overtime Payment of Bonus)

02. Normal working Hours (Include- Hours of Work, Overtime, attendance & Late Coming, Absence )

03. Leave & Holiday Management – Calculation Annual Leave with wages (PL,CL,SL), Maternity Benefits,

04. Social Security Benefits Management- Guidance Provident fund, Health Insurance, Gratuity,

05. Human Resources Management- Guide- Preparation of Appointment Letter, Joining Formalities, Retrenchment & Termination (Full & Final Settlement),

06. Register & Records – Preparation & Online Submission of various Registers & Records (Like leave Muster, Attendance Muster)

5. Preparation & submission of Notice with Factory Inspector as & when required under this act

6. Ensure & Assistance in complying various provision of the act related safety, Health & Welfare of Worker

7. Ensuring/assistance in complying various provision of the act related to disclosure, Notices, Displays etc

8. Preparation & Submission of various forms return & reports from time to time as prescribed under this act

9. Representing Occupier/Manufactures at the enquires conducted by the Factory Inspector

10. Replying & stratifying show cause Notices

For More information pls write us …

mail id-

Web- <link outdated-removed> ( Search On Cite | Search On Google )

9423387048

From India, Pune
Dear Mr.Kumar,

While appreciating you for the attachment of the text of the Bill in full, let me present my answer to your query to the extent of my immediate understanding through my cursory reading.

As stated in the Preamble the purpose of the proposed Small Factories ( Regulation of Employment and Conditions of Services ) Act,2014 is consolidation and amendment of certain existing Laws relating to regulation of employment and other conditions of service in respect of what is defined as "small factory" under the Act. To me, it seems to be an umbrella legislation incorporating the core provisions covering regulation of employment and other conditions of service provided for in the explicitly exempted 14 Acts in a simplified form. The provisions thus simplified and incorporated cover the important aspects of definitions, procedures of compliance, scales of benefits and the stipulation of the necessary conditions of eligibility, grievance redressal including necessary machanism etc. Therefore, the exempted Laws will not be applicable to small factories coming within the purview of the proposed Act.

From India, Salem
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