Hi Guys, I have something important for HR Guys ...............sooooooooooooo any one who wants notes on diff acts check out attachments......... this will work............. Nitin Parijaat
From India, New Delhi
15From India, New Delhi
The Punjab Factories Rules, 1952 in brief are as below:
PUNJAB FACTORIES RULES, 1952
§ Approval of Plans : All alterations, additions & extensions to be submitted in Form No. I, explaining requirements of lighting, ventilation, fire escape etc.
§ Floor Area : 3.35 sq meters / 36 sq feet for each employee employed in the workroom.
§ Overcrowding : 14.2 cubic meter space for each employee (height upto 4.2 meter)
§ Application for Registration: Form 2 (in triplicate)
§ Licence for factory: Form No.4 valid upto 31st December, Renewal of Licence to be applied before 1st of December.
Provisions related to Health
§ Record of White wash, Paint, Varnish to maintained in Form No.7
§ Disposal of Trade effluents / Waste: Annual consent is required from Pollution Control Board.
§ Drinking Water : if not from Public water system; other source should be approved by Health officer.
§ Cooling of Water: for more than 250 employees; arrangement to be made during 1st may to 30th Sept. proper supply of cold water to be provided in Lunch Room, Canteen & Rest rooms.
§ Water Center; one for each 150 employees upto 500 & 1 water center for every 500 employees thereafter.
§ Latrine Accommodation; 1 for every 25 employees upto 100 & 1 latrine for each 50 employees thereafter. Sign boards & figure to be displayed for maintaining privacy.
§ Urinals; 1 for every 50 employees upto 500 & 1 for every hundred thereafter for both male & female employees. White washing of Latrine & Urinals, once in every 4 months & glazed tiles or other smooth polished impervious surface upto the height of 90 cms on all the walls.
§ Spittoons; Adequate nos. of spittoons as approved by Health Officer.
Provisions related to Safety
§ Power Press; details of machines, identification no., record of periodical thorough examinations; particulars of any defect effecting safe working of power press.
§ Lifting Machines, Chains, Ropes & Lifting Tackles; to be checked & examined/ annealed once in every 12 months by a competent person for safe working & a register should be maintained for every such examination. Employees engaged in the operation of the above machines should receive sufficient training.
§ Revolving Machine: Near all grinding machines, a notice regarding safe working & peripheral speed to be displayed.
§ Safety Officer; is required for 1000 ~ 2000 employees and 1 for every 2000 afterwards. A safety committee is to be constituted for above 250 workers; representative of Management will be Chairman, Safety officer (as Secretary), Medical officer, Representatives from Prod, Maint. & Purchase deptt. and equal no. of workers representatives. Tenure will for 2 years & meeting atleast once in 3 months & minutes of all such meetings should be recorded.
§ Safety belts & other safety equipments: to be examined & tested once in every six months & an inspection register to be maintained.
§ Examination of eye sight & color vision of Crane, Locomotive or Fork lift operator or a person giving signal; once in 12 months upto the age of 45 years & once in 6 months thereafter
Provisions related to Welfare
§ Proper arrangement / facilities for storing and drying clothes which were not worn during the working hours in automobile & engg. workshops.
§ First Aid Box; 1 for every 150 employees. A notice containing employees trained in first aid and their departments/location to be pasted near all the first aid boxes.
§ Ambulance Room: required for more than 500 employees; a notice containing contact no. of Medical officer, Name & No. of near by hospital and employees trained in first aid to be displayed in ambulance room. Floor area of Ambulance room should not be less than 24 sq. meter, it should be attached with latrine & urinal and should have adequate ventilation & lighting.
§ Canteen: required for 250 or more workers, Lime washed once in a year or painted once in three year. Canteen managing committee; should comprise of equal nos. of staff & workers ( Max. 5 but not less than 2) tenure will be for 2 years. Annual Medical check-up of canteen staff is required.
§ Shelters, Rest rooms & Lunch Rooms: required for 150 or more workers. It should have 1.1 Sq meter area for every person. Proper arrangement should be made for sitting, ventilation, lighting & cleanliness.
Provisions related to working hours
§ Weekly holiday: every worker should be given one full day off in a week. No worker will allowed to work for more than ten consecutive days without having one whole day as holiday.
§ Compensatory holiday: if an employee worked on any weekly off or on any holiday, should be entitle to a compensatory off which should be taken within a period of three months. Records of compensatory holidays to be maintained in form no.9
§ Spread over: should not exceed 10.5 hours; including rest intervals.
§ Extra wages for overtime: if an employee works for more than 9 hrs. a day or for more than 48 hours per week, he will be entitled for overtime @ twice of his ordinary rate of wages. Maximum overtime allowed to an employee in quarter should not exceed 50 hours.( 1st Jan, 1st April, 1st July & 1st Oct.)
§ Register for Adult workers; to be maintained as per Form No.12
§ Restriction of employment of Women: between 7 pm to 6 am.
Annual Leave with wages
§ Eligibility for earned leaves; employee should work for atleast 240 days in the complete year or 2/3 of the remaining period (in case of new joinee). One leave for every 20 working days to be given in the succeeding year. Leave book to be issued to all employees in Form No.15 within one month. Earned leaves can be availed in maximum three times with prior intimation of atleast 15 days. Carry forward of earned leaves is upto 30 days only. Period of leaves, lay off should not counted in the calculation of earned leaves.
Dangerous Operation
§ Grinding & Glazing; certifying surgeon will examine & provide fitness certificate (Form No.32) within 15 days of employment in the above operation. Annual medical check up & certificate of fitness to provided by certifying surgeon to employees engaged in dangerous operations. Records of all such examination & re examination to be maintained by Manager of factory in form no.17 (Health Register)
§ Metal shot (Blasting Regulation); Blasting enclosure to be inspected atleast once in a week and all such inspection/ examination to be maintained in separate register.
§ Notification of Accident or Dangerous occurrence: should be sent through telephone, special messenger or telegram to inspector & chief inspector of Factories. In case of accident resulting in death information to be given on Form No.18 within 12 hours and in case of accident causing bodily injury (due to which the injured person is not able to work for 48 hours) to be submitted in Form No. 18A within 24 hours.
§ Display of Abstract; according to Form No.20 at the entrance of the factory in a language understood by majority of workers.
§ Returns under the Act; Half yearly on Form No.22 to be submitted before 15 July & Annual Return on Form No.21 to be submitted before 31st Jan.
§ Muster Rolls; attendance of the day to be completed within 2 hrs. from the start of the shift ( if the no. of workers are above 200) in Form No. 25, otherwise to be competed within one hour. Attendance card to be given to every employee in Form No.25A.
§ Register of Accident & Dangerous occurrence; to be maintained in Form No.26
§ Inspection Book; to be maintained according to Form No.35.
APPRENTICES ACT, 1961
§ Leaves Entitlement: Casual – 12, Sick Leave – 15 & Special Leave – 10 (Without pay).
§ No Apprentice is required to do overtime/ shift working unless approval is obtained from the Apprenticeship Advisor.
§ No Apprentice will be given bonus.
§ According to Section 18 & section 22 of the Act, labour laws will not be applicable to the apprentices.
§ No person shall be engaged as an apprentice unless entered into a contract with employer.
§ Employer will apply to Apprenticeship Advisor for registration of contract within stipulated time i.e., 3 months.
Records & Returns
§ Form APP-4 is required to be submitted within 7 days of joining the Apprenticeship training to the State Apprenticeship Advisor.
§ Form APP -1A (Schedule III), Index Card – one copy is to be submitted to Regional Director and one copy to be kept by the employer within 15 days of registration of the contract. Every employer is required to maintain records of Basic Training & related instructions in Form 1A.
§ For Graduate/ Technician/ Technician (Vocational) – One Index Card in Form No. 5 (in triplicate) to be submitted to Central Apprenticeship Advisor, Director – Regional Board Of Apprenticeship Training (BOAT) concerned and one to be kept by the company.
§ Quarterly report for work done & studies undertaken is required to be submitted to Director – Regional BOAT on Form APP – 6.
§ Half yearly report of training for the period April-Sept & Oct-March is to be submitted in Form – 2 alongwith Form – 1A before 15th Oct & 15th April respectively.
CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970
§ Registration by employer is required if the company wants to employ 20 or more contract labour on prescribed Form No. I (in triplicate, rule 17(1)) with treasury challan.
§ Contractor is required to apply on Form No. IV & V (Form V is certificate by Principal Employer) if wanted to employ 20 or more workman.
§ Form II – Rule 18 (1): Certificate of Registration issued by labour.
§ Form III – Rule 18 (3): Register of Establishments, which will be maintained by the Registering Officer.
§ Form VI – Rule 25 (1): Licence (to contractor).
§ Form VII – Rule 29 (2): Application for renewal of Licence (in triplicate) to be made before 30 days of the expiry of Licence.
§ Form XII – Rule 74: Register of Contractors to be maintained by the employer.
§ Form XIII – Rule 75: Register of workmen employed by the contractor.
§ Form XIV – Rule 76: Employment Card, to be issued by contractor within 3 days of joining of workmen.
§ Form XVI – Rule 78 (1)(a)(i): Muster Roll for contractor workmen.
§ Form XVII – Rule 78 (1)(a)(i): Register of Wages.
§ Form XX – Rule 78 (i)(a)(ii): Register of Deduction for damage/loss.
§ Form XXI – Rule 78 (1)(a)(ii): Register for Fines.
§ Form XXII – Rule 78 (1)(a)(ii): Register of Advances.
§ Form XXIII – Rule 78 (1)(a)(ii): Register of Overtime.
§ Form XIX – Rule 78 (1)(b): Format for Wage slips that are required to be given one day prior to the disbursement of wages.
§ Form XXIV – Rule 82 (1): Half yearly return to be sent by the contractor to the Licensing Officer (for period beginning 1st Jan & 1st July) within 30 days.
§ Form XXV – Rule 82 (2): Annual return of Principal Employer by 15th Feb.
§ Welfare & Health of Contract Labour: is required to be maintained as per Factories Act within 7 days of applicability of the Act.
§ Canteen: is to be provided for 100 & more contract labour within 60 days by the contractor otherwise if not provided by contractor then within next 60 days by the employer.
§ Contract labour to be covered under ESI & PF Acts.
§ Ensure provision that facilities of Canteen, Drinking Water, Washing, Rest Room, Latrines and Urinals, First Aid, Crèche are provided by the contractor.
Amount of Security
For Contractor: Security @ Rs. 90/- per workmen.
Fees @ Rs. 0.75/- per workmen for the maximum limit under the schedule.
For Employer: Fees @ Rs. 3/- per workmen for the maximum limit under schedule.
EMPLOYEES’ PROVIDENT FUND & MISC. PROVISIONS ACT, 1952
§ Wage ceiling upto which PF will be deducted – Rs. 6500/-
§ Contribution (on Basic + D.A.)
Employee Share: 12% in Provident Fund
Employer Share: 3.67% in Provident Fund
8.33% in Pension Fund
0.5% in EDLI Scheme
1.10% as Admn. Charges
0.01% as Inspection Charges on EDLI
§ Benefits under EDLI on Death: 12 months balance in PF or Rs. 60,000/-.
EMPLYEES STATE INSURANCE ACT, 1948
§ Deduction: to be made for ESI when gross salary of employee is less than Rs. 7500/-.
§ ESI Challan: to be submitted before 21st of the succeeding month.
§ Contribution: Employee part – 1.75% of gross salary
Employer part – 4.75% of gross salary
§ Accident report: submitted on Form No. 16 within 48 hours in ordinary cases and immediately in death cases.
§ Accident register/ Accident Book: according to Form No. 15.
§ Half yearly return to be submitted in Form No. 6 within 42 days of termination of contribution period.
§ Employees’ Register: to be maintained in Form No. 7 for those employees that are covered under ESI.
§ Wages: will include Basic wages, D.A., CCA, HRA, Incentives, Heat, Gas, Dust allowance, Night shift allowance, and Children education allowance.
EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959
§ All vacancies to be notified to the local employment exchange at least 15 days before the date of interview in the prescribed form.
§ Notification is not required in certain type of vacancies:
i) In any employment in domestic services,
ii) In any employment where duration is less than 3 months,
iii) In any employment to do unskilled office work – e.g., Daftri, Jemadar; Orderly & Peon, Dusting man or Farash, Bundel or Record Lifter, Process Server, Watchman, Sweeper, any other employer doing any routine or unskilled work which the Central Govt. may declare to be unskilled.
§ Returns: Quarterly Returns on Form ER – I & DPER – I:
Period starting from To be submitted before
1st Jan 30th April
1st April 30th July
1st July 30th Oct
1st Oct 30th Jan
Biennial Returns on Form ER – II & DPER – II to be submitted before 30th January (leaving one year in between).
INDUSTRIAL DISPUTES ACT, 1947
§ Notice of Change: 21 days notice for effecting any change in the conditions of service of the workmen is required in Form – E according to Section 9A.
§ Works Committee: when there are more than 100 workmen working, then constitution of Works Committee is statutory. Members should meet atleast once in every quarter.
§ Half-yearly return: in Form G-I (in triplicate) is to be submitted to Assistant Labour Commissioner within 20 days of the next month.
MATERNITY BENEFIT ACT, 1961
§ Applicability: 10 or more persons are required to be working in the factory. The workers should have worked for atleast eighty days in the preceding 12 months.
§ Benefits: i) 12 weeks paid leave (Not more than six weeks preceding the expected delivery date).
ii) One month special leave for illness arising out of pregnancy, delivery, miscarriage, premature birth of child on production of proof.
iv) For Tubectomy operation: 2 weeks leave with wages.
v) Medical Bonus @ Rs. 250/- to women entitled for maternity leave.
§ Returns: Annual return in Form – LM to be submitted by 31st January.
MINIMUM WAGES ACT, 1948
§ Appropriate Government shall in the manner prescribed, fix minimum rates of wages, minimum piece rate; for different scheduled employment and for different classes of work.
§ Wage slips and wage books should be provided to the workers.
§ Annual return: to be submitted in Form – III.
PAYMENT OF BONUS ACT, 1965
§ Coverage: If 20 or more persons.
§ Employees covered under the act: getting salary upto Rs. 3500/- (Wage Ceiling) but all the calculations will be based on Rs. 2500/- if salary exceeds from Rs. 2500/- per month.
§ Eligibility: worked for atleast 30 working days.
§ Minimum Bonus: 8.33% or Rs. 100/- whichever is higher.
§ Maximum Bonus: 20%
§ Time limit for payment: within 8 months from the close of the accounting year & in case of any dispute, within 1 month after the award/ settlement becomes enforceable.
§ Damage/ financial loss from misconduct can be adjusted from bonus amount.
§ Registers (Rule 4):
i) Form A – Register showing the computation of Allocable Surplus;
ii) Form B – Register showing the Set-on & Set-off of the Allocable Surplus;
iii) Form C – Register showing the details of bonus due to each employee, the deductions under Section 17 & 18 and the amount actually disbursed.
§ Annual return: in Form D to be submitted to the inspector within 30 days after the expiry of the time limit.
PAYMENT OF GRATUITY ACT, 1972
§ Coverage: 10 or more in preceding 12 months.
§ Employees: all employees without any monthly wage ceiling or status are eligible.
§ Entitlement/Eligibility: on completion of five years continuous service except in case of death or disablement (240 days working required for the calculation of one complete year, if an employee does not complete 240 days in any year, he will not be entitled to gratuity for that year).
§ Wages: Basic + D.A.
§ Calculation of Gratuity: @ 15 days wages for every completed year of service or part thereof in excess of 6 months (for the last year, with reference to which the calculation is to be made, only on fulfillment of entitlement/ eligibility criteria) divided by 26
§ Nomination: to be obtained by the employer after the expiry of one year’s service in Form – F.
§ Maximum Gratuity: Rs. 3,50,000/-
§ Forfeiture of Gratuity: i) On termination of an employee for moral turpitude and riotous or disorderly behaviour.
ii) Wholly or partially for causing willful loss, destruction of property.
§ Abstract of the Act should be displayed at a prominent place near entrance gate in a language understood by majority of workers.
§ Payment of Gratuity: within 30 days; in cash / bank draft / cheque.
§ Compulsory Insurance: to obtain insurance for liability to pay gratuity or to establish approved gratuity fund under clause (5) of section 2of the Income Tax Act.
PAYMENT OF WAGES ACT, 1936
§ Time for Payment of Wages:
Upto 07th where less than 1000 employees are working,
Upto 10th where more than 1000 employees are working.
§ Deduction for Fines – should not exceed 3% of wages, which are to be recovered within 60 days in one installment only.
§ Total amount of deduction in any wage period should not exceed:
75% in case payment to be made to Co-operative Society,
& 50% in all other cases.
§ Salary slips to be issued one day prior to the disbursement of salary, which should be signed by an Authorized person.
WORKMEN’S COMPENSATION ACT, 1923
§ Coverage: an employer is liable to pay compensation if a workman meets with an accident. In case the employee is covered under ESI Act, compensation will be paid by the ESI Corporation.
§ No compensation will be paid in following cases:
i) Where disablement is for a period less than 3 days,
ii) Under the influence of Drugs / Drink,
iii) Willful disobedience to an order or to a rule expressly framed for a purpose of safety of workman,
iv) Willful removal / disregard of any safety guard or other device.
§ Wages for calculation of compensation: if wages of a workman exceeds four thousand, calculation should be based on four thousand only.
§ Calculation of compensation:
-- In case of Death 50% of monthly wages * Relevant Factor (as per schedule IV)
OR, Rs. 80,000/- whichever is more.
-- In case of Permanent/ 60% of monthly wages * Relevant Factor (as per
Total disablement schedule IV)
OR, Rs. 90,000/- whichever is more.
-- Permanent Partial Percentage loss of earning capacity (given in Schedule
Disablement I: Part II) * Compensation as in case of total disablement.
§ All the compensation under the act should be regulated/ deposited with Labour Commissioner. No such payment made directly shall be deemed to be a payment of compensation under the act in Form – A (in case of death)/ AA (in case of injury) and get the receipt in Form – B.
§ Claimant should apply for compensation within 2 years of the occurrence of the accident or within 2 years from the date of death.
§ Time limit for payment of compensation: as soon as it falls due and not later than one month of the accident or death; if delayed, interest will be charged @ 12% per annum.
§ Notice to be given within 7 days of the death or serious bodily injury, giving the circumstances of the accident or death in Form – EE.
§ Application for compensation by workman on Form – F.
THE PUNJAB INDUSTRIAL ESTABLISHMENT (NATIONAL & FESTIVAL HOLIDAYS & CASUAL & SICK LEAVE) ACT, 1965
§ National Holidays: 26th January, 15th August & 02nd October.
§ Festival Holidays: 4 (Four) from the list of holidays given in the schedule of the act; If 10% of workers desire then two half holidays on any festival days can be availed instead of one full day.
§ Casual Leaves: 7 days with full wages.
§ Sick Leaves: 14 days with half of average daily wages (for workers not covered under ESI Act).
§ Notification / statement of Holidays: that are to be observed in the next calendar year has to be made in Form – A before 31st December.
§ The account of Festival Holidays, Casual Leave and Sick Leave should be maintained in Form – B.
From United States
PUNJAB FACTORIES RULES, 1952
§ Approval of Plans : All alterations, additions & extensions to be submitted in Form No. I, explaining requirements of lighting, ventilation, fire escape etc.
§ Floor Area : 3.35 sq meters / 36 sq feet for each employee employed in the workroom.
§ Overcrowding : 14.2 cubic meter space for each employee (height upto 4.2 meter)
§ Application for Registration: Form 2 (in triplicate)
§ Licence for factory: Form No.4 valid upto 31st December, Renewal of Licence to be applied before 1st of December.
Provisions related to Health
§ Record of White wash, Paint, Varnish to maintained in Form No.7
§ Disposal of Trade effluents / Waste: Annual consent is required from Pollution Control Board.
§ Drinking Water : if not from Public water system; other source should be approved by Health officer.
§ Cooling of Water: for more than 250 employees; arrangement to be made during 1st may to 30th Sept. proper supply of cold water to be provided in Lunch Room, Canteen & Rest rooms.
§ Water Center; one for each 150 employees upto 500 & 1 water center for every 500 employees thereafter.
§ Latrine Accommodation; 1 for every 25 employees upto 100 & 1 latrine for each 50 employees thereafter. Sign boards & figure to be displayed for maintaining privacy.
§ Urinals; 1 for every 50 employees upto 500 & 1 for every hundred thereafter for both male & female employees. White washing of Latrine & Urinals, once in every 4 months & glazed tiles or other smooth polished impervious surface upto the height of 90 cms on all the walls.
§ Spittoons; Adequate nos. of spittoons as approved by Health Officer.
Provisions related to Safety
§ Power Press; details of machines, identification no., record of periodical thorough examinations; particulars of any defect effecting safe working of power press.
§ Lifting Machines, Chains, Ropes & Lifting Tackles; to be checked & examined/ annealed once in every 12 months by a competent person for safe working & a register should be maintained for every such examination. Employees engaged in the operation of the above machines should receive sufficient training.
§ Revolving Machine: Near all grinding machines, a notice regarding safe working & peripheral speed to be displayed.
§ Safety Officer; is required for 1000 ~ 2000 employees and 1 for every 2000 afterwards. A safety committee is to be constituted for above 250 workers; representative of Management will be Chairman, Safety officer (as Secretary), Medical officer, Representatives from Prod, Maint. & Purchase deptt. and equal no. of workers representatives. Tenure will for 2 years & meeting atleast once in 3 months & minutes of all such meetings should be recorded.
§ Safety belts & other safety equipments: to be examined & tested once in every six months & an inspection register to be maintained.
§ Examination of eye sight & color vision of Crane, Locomotive or Fork lift operator or a person giving signal; once in 12 months upto the age of 45 years & once in 6 months thereafter
Provisions related to Welfare
§ Proper arrangement / facilities for storing and drying clothes which were not worn during the working hours in automobile & engg. workshops.
§ First Aid Box; 1 for every 150 employees. A notice containing employees trained in first aid and their departments/location to be pasted near all the first aid boxes.
§ Ambulance Room: required for more than 500 employees; a notice containing contact no. of Medical officer, Name & No. of near by hospital and employees trained in first aid to be displayed in ambulance room. Floor area of Ambulance room should not be less than 24 sq. meter, it should be attached with latrine & urinal and should have adequate ventilation & lighting.
§ Canteen: required for 250 or more workers, Lime washed once in a year or painted once in three year. Canteen managing committee; should comprise of equal nos. of staff & workers ( Max. 5 but not less than 2) tenure will be for 2 years. Annual Medical check-up of canteen staff is required.
§ Shelters, Rest rooms & Lunch Rooms: required for 150 or more workers. It should have 1.1 Sq meter area for every person. Proper arrangement should be made for sitting, ventilation, lighting & cleanliness.
Provisions related to working hours
§ Weekly holiday: every worker should be given one full day off in a week. No worker will allowed to work for more than ten consecutive days without having one whole day as holiday.
§ Compensatory holiday: if an employee worked on any weekly off or on any holiday, should be entitle to a compensatory off which should be taken within a period of three months. Records of compensatory holidays to be maintained in form no.9
§ Spread over: should not exceed 10.5 hours; including rest intervals.
§ Extra wages for overtime: if an employee works for more than 9 hrs. a day or for more than 48 hours per week, he will be entitled for overtime @ twice of his ordinary rate of wages. Maximum overtime allowed to an employee in quarter should not exceed 50 hours.( 1st Jan, 1st April, 1st July & 1st Oct.)
§ Register for Adult workers; to be maintained as per Form No.12
§ Restriction of employment of Women: between 7 pm to 6 am.
Annual Leave with wages
§ Eligibility for earned leaves; employee should work for atleast 240 days in the complete year or 2/3 of the remaining period (in case of new joinee). One leave for every 20 working days to be given in the succeeding year. Leave book to be issued to all employees in Form No.15 within one month. Earned leaves can be availed in maximum three times with prior intimation of atleast 15 days. Carry forward of earned leaves is upto 30 days only. Period of leaves, lay off should not counted in the calculation of earned leaves.
Dangerous Operation
§ Grinding & Glazing; certifying surgeon will examine & provide fitness certificate (Form No.32) within 15 days of employment in the above operation. Annual medical check up & certificate of fitness to provided by certifying surgeon to employees engaged in dangerous operations. Records of all such examination & re examination to be maintained by Manager of factory in form no.17 (Health Register)
§ Metal shot (Blasting Regulation); Blasting enclosure to be inspected atleast once in a week and all such inspection/ examination to be maintained in separate register.
§ Notification of Accident or Dangerous occurrence: should be sent through telephone, special messenger or telegram to inspector & chief inspector of Factories. In case of accident resulting in death information to be given on Form No.18 within 12 hours and in case of accident causing bodily injury (due to which the injured person is not able to work for 48 hours) to be submitted in Form No. 18A within 24 hours.
§ Display of Abstract; according to Form No.20 at the entrance of the factory in a language understood by majority of workers.
§ Returns under the Act; Half yearly on Form No.22 to be submitted before 15 July & Annual Return on Form No.21 to be submitted before 31st Jan.
§ Muster Rolls; attendance of the day to be completed within 2 hrs. from the start of the shift ( if the no. of workers are above 200) in Form No. 25, otherwise to be competed within one hour. Attendance card to be given to every employee in Form No.25A.
§ Register of Accident & Dangerous occurrence; to be maintained in Form No.26
§ Inspection Book; to be maintained according to Form No.35.
APPRENTICES ACT, 1961
§ Leaves Entitlement: Casual – 12, Sick Leave – 15 & Special Leave – 10 (Without pay).
§ No Apprentice is required to do overtime/ shift working unless approval is obtained from the Apprenticeship Advisor.
§ No Apprentice will be given bonus.
§ According to Section 18 & section 22 of the Act, labour laws will not be applicable to the apprentices.
§ No person shall be engaged as an apprentice unless entered into a contract with employer.
§ Employer will apply to Apprenticeship Advisor for registration of contract within stipulated time i.e., 3 months.
Records & Returns
§ Form APP-4 is required to be submitted within 7 days of joining the Apprenticeship training to the State Apprenticeship Advisor.
§ Form APP -1A (Schedule III), Index Card – one copy is to be submitted to Regional Director and one copy to be kept by the employer within 15 days of registration of the contract. Every employer is required to maintain records of Basic Training & related instructions in Form 1A.
§ For Graduate/ Technician/ Technician (Vocational) – One Index Card in Form No. 5 (in triplicate) to be submitted to Central Apprenticeship Advisor, Director – Regional Board Of Apprenticeship Training (BOAT) concerned and one to be kept by the company.
§ Quarterly report for work done & studies undertaken is required to be submitted to Director – Regional BOAT on Form APP – 6.
§ Half yearly report of training for the period April-Sept & Oct-March is to be submitted in Form – 2 alongwith Form – 1A before 15th Oct & 15th April respectively.
CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970
§ Registration by employer is required if the company wants to employ 20 or more contract labour on prescribed Form No. I (in triplicate, rule 17(1)) with treasury challan.
§ Contractor is required to apply on Form No. IV & V (Form V is certificate by Principal Employer) if wanted to employ 20 or more workman.
§ Form II – Rule 18 (1): Certificate of Registration issued by labour.
§ Form III – Rule 18 (3): Register of Establishments, which will be maintained by the Registering Officer.
§ Form VI – Rule 25 (1): Licence (to contractor).
§ Form VII – Rule 29 (2): Application for renewal of Licence (in triplicate) to be made before 30 days of the expiry of Licence.
§ Form XII – Rule 74: Register of Contractors to be maintained by the employer.
§ Form XIII – Rule 75: Register of workmen employed by the contractor.
§ Form XIV – Rule 76: Employment Card, to be issued by contractor within 3 days of joining of workmen.
§ Form XVI – Rule 78 (1)(a)(i): Muster Roll for contractor workmen.
§ Form XVII – Rule 78 (1)(a)(i): Register of Wages.
§ Form XX – Rule 78 (i)(a)(ii): Register of Deduction for damage/loss.
§ Form XXI – Rule 78 (1)(a)(ii): Register for Fines.
§ Form XXII – Rule 78 (1)(a)(ii): Register of Advances.
§ Form XXIII – Rule 78 (1)(a)(ii): Register of Overtime.
§ Form XIX – Rule 78 (1)(b): Format for Wage slips that are required to be given one day prior to the disbursement of wages.
§ Form XXIV – Rule 82 (1): Half yearly return to be sent by the contractor to the Licensing Officer (for period beginning 1st Jan & 1st July) within 30 days.
§ Form XXV – Rule 82 (2): Annual return of Principal Employer by 15th Feb.
§ Welfare & Health of Contract Labour: is required to be maintained as per Factories Act within 7 days of applicability of the Act.
§ Canteen: is to be provided for 100 & more contract labour within 60 days by the contractor otherwise if not provided by contractor then within next 60 days by the employer.
§ Contract labour to be covered under ESI & PF Acts.
§ Ensure provision that facilities of Canteen, Drinking Water, Washing, Rest Room, Latrines and Urinals, First Aid, Crèche are provided by the contractor.
Amount of Security
For Contractor: Security @ Rs. 90/- per workmen.
Fees @ Rs. 0.75/- per workmen for the maximum limit under the schedule.
For Employer: Fees @ Rs. 3/- per workmen for the maximum limit under schedule.
EMPLOYEES’ PROVIDENT FUND & MISC. PROVISIONS ACT, 1952
§ Wage ceiling upto which PF will be deducted – Rs. 6500/-
§ Contribution (on Basic + D.A.)
Employee Share: 12% in Provident Fund
Employer Share: 3.67% in Provident Fund
8.33% in Pension Fund
0.5% in EDLI Scheme
1.10% as Admn. Charges
0.01% as Inspection Charges on EDLI
§ Benefits under EDLI on Death: 12 months balance in PF or Rs. 60,000/-.
EMPLYEES STATE INSURANCE ACT, 1948
§ Deduction: to be made for ESI when gross salary of employee is less than Rs. 7500/-.
§ ESI Challan: to be submitted before 21st of the succeeding month.
§ Contribution: Employee part – 1.75% of gross salary
Employer part – 4.75% of gross salary
§ Accident report: submitted on Form No. 16 within 48 hours in ordinary cases and immediately in death cases.
§ Accident register/ Accident Book: according to Form No. 15.
§ Half yearly return to be submitted in Form No. 6 within 42 days of termination of contribution period.
§ Employees’ Register: to be maintained in Form No. 7 for those employees that are covered under ESI.
§ Wages: will include Basic wages, D.A., CCA, HRA, Incentives, Heat, Gas, Dust allowance, Night shift allowance, and Children education allowance.
EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959
§ All vacancies to be notified to the local employment exchange at least 15 days before the date of interview in the prescribed form.
§ Notification is not required in certain type of vacancies:
i) In any employment in domestic services,
ii) In any employment where duration is less than 3 months,
iii) In any employment to do unskilled office work – e.g., Daftri, Jemadar; Orderly & Peon, Dusting man or Farash, Bundel or Record Lifter, Process Server, Watchman, Sweeper, any other employer doing any routine or unskilled work which the Central Govt. may declare to be unskilled.
§ Returns: Quarterly Returns on Form ER – I & DPER – I:
Period starting from To be submitted before
1st Jan 30th April
1st April 30th July
1st July 30th Oct
1st Oct 30th Jan
Biennial Returns on Form ER – II & DPER – II to be submitted before 30th January (leaving one year in between).
INDUSTRIAL DISPUTES ACT, 1947
§ Notice of Change: 21 days notice for effecting any change in the conditions of service of the workmen is required in Form – E according to Section 9A.
§ Works Committee: when there are more than 100 workmen working, then constitution of Works Committee is statutory. Members should meet atleast once in every quarter.
§ Half-yearly return: in Form G-I (in triplicate) is to be submitted to Assistant Labour Commissioner within 20 days of the next month.
MATERNITY BENEFIT ACT, 1961
§ Applicability: 10 or more persons are required to be working in the factory. The workers should have worked for atleast eighty days in the preceding 12 months.
§ Benefits: i) 12 weeks paid leave (Not more than six weeks preceding the expected delivery date).
ii) One month special leave for illness arising out of pregnancy, delivery, miscarriage, premature birth of child on production of proof.
iv) For Tubectomy operation: 2 weeks leave with wages.
v) Medical Bonus @ Rs. 250/- to women entitled for maternity leave.
§ Returns: Annual return in Form – LM to be submitted by 31st January.
MINIMUM WAGES ACT, 1948
§ Appropriate Government shall in the manner prescribed, fix minimum rates of wages, minimum piece rate; for different scheduled employment and for different classes of work.
§ Wage slips and wage books should be provided to the workers.
§ Annual return: to be submitted in Form – III.
PAYMENT OF BONUS ACT, 1965
§ Coverage: If 20 or more persons.
§ Employees covered under the act: getting salary upto Rs. 3500/- (Wage Ceiling) but all the calculations will be based on Rs. 2500/- if salary exceeds from Rs. 2500/- per month.
§ Eligibility: worked for atleast 30 working days.
§ Minimum Bonus: 8.33% or Rs. 100/- whichever is higher.
§ Maximum Bonus: 20%
§ Time limit for payment: within 8 months from the close of the accounting year & in case of any dispute, within 1 month after the award/ settlement becomes enforceable.
§ Damage/ financial loss from misconduct can be adjusted from bonus amount.
§ Registers (Rule 4):
i) Form A – Register showing the computation of Allocable Surplus;
ii) Form B – Register showing the Set-on & Set-off of the Allocable Surplus;
iii) Form C – Register showing the details of bonus due to each employee, the deductions under Section 17 & 18 and the amount actually disbursed.
§ Annual return: in Form D to be submitted to the inspector within 30 days after the expiry of the time limit.
PAYMENT OF GRATUITY ACT, 1972
§ Coverage: 10 or more in preceding 12 months.
§ Employees: all employees without any monthly wage ceiling or status are eligible.
§ Entitlement/Eligibility: on completion of five years continuous service except in case of death or disablement (240 days working required for the calculation of one complete year, if an employee does not complete 240 days in any year, he will not be entitled to gratuity for that year).
§ Wages: Basic + D.A.
§ Calculation of Gratuity: @ 15 days wages for every completed year of service or part thereof in excess of 6 months (for the last year, with reference to which the calculation is to be made, only on fulfillment of entitlement/ eligibility criteria) divided by 26
§ Nomination: to be obtained by the employer after the expiry of one year’s service in Form – F.
§ Maximum Gratuity: Rs. 3,50,000/-
§ Forfeiture of Gratuity: i) On termination of an employee for moral turpitude and riotous or disorderly behaviour.
ii) Wholly or partially for causing willful loss, destruction of property.
§ Abstract of the Act should be displayed at a prominent place near entrance gate in a language understood by majority of workers.
§ Payment of Gratuity: within 30 days; in cash / bank draft / cheque.
§ Compulsory Insurance: to obtain insurance for liability to pay gratuity or to establish approved gratuity fund under clause (5) of section 2of the Income Tax Act.
PAYMENT OF WAGES ACT, 1936
§ Time for Payment of Wages:
Upto 07th where less than 1000 employees are working,
Upto 10th where more than 1000 employees are working.
§ Deduction for Fines – should not exceed 3% of wages, which are to be recovered within 60 days in one installment only.
§ Total amount of deduction in any wage period should not exceed:
75% in case payment to be made to Co-operative Society,
& 50% in all other cases.
§ Salary slips to be issued one day prior to the disbursement of salary, which should be signed by an Authorized person.
WORKMEN’S COMPENSATION ACT, 1923
§ Coverage: an employer is liable to pay compensation if a workman meets with an accident. In case the employee is covered under ESI Act, compensation will be paid by the ESI Corporation.
§ No compensation will be paid in following cases:
i) Where disablement is for a period less than 3 days,
ii) Under the influence of Drugs / Drink,
iii) Willful disobedience to an order or to a rule expressly framed for a purpose of safety of workman,
iv) Willful removal / disregard of any safety guard or other device.
§ Wages for calculation of compensation: if wages of a workman exceeds four thousand, calculation should be based on four thousand only.
§ Calculation of compensation:
-- In case of Death 50% of monthly wages * Relevant Factor (as per schedule IV)
OR, Rs. 80,000/- whichever is more.
-- In case of Permanent/ 60% of monthly wages * Relevant Factor (as per
Total disablement schedule IV)
OR, Rs. 90,000/- whichever is more.
-- Permanent Partial Percentage loss of earning capacity (given in Schedule
Disablement I: Part II) * Compensation as in case of total disablement.
§ All the compensation under the act should be regulated/ deposited with Labour Commissioner. No such payment made directly shall be deemed to be a payment of compensation under the act in Form – A (in case of death)/ AA (in case of injury) and get the receipt in Form – B.
§ Claimant should apply for compensation within 2 years of the occurrence of the accident or within 2 years from the date of death.
§ Time limit for payment of compensation: as soon as it falls due and not later than one month of the accident or death; if delayed, interest will be charged @ 12% per annum.
§ Notice to be given within 7 days of the death or serious bodily injury, giving the circumstances of the accident or death in Form – EE.
§ Application for compensation by workman on Form – F.
THE PUNJAB INDUSTRIAL ESTABLISHMENT (NATIONAL & FESTIVAL HOLIDAYS & CASUAL & SICK LEAVE) ACT, 1965
§ National Holidays: 26th January, 15th August & 02nd October.
§ Festival Holidays: 4 (Four) from the list of holidays given in the schedule of the act; If 10% of workers desire then two half holidays on any festival days can be availed instead of one full day.
§ Casual Leaves: 7 days with full wages.
§ Sick Leaves: 14 days with half of average daily wages (for workers not covered under ESI Act).
§ Notification / statement of Holidays: that are to be observed in the next calendar year has to be made in Form – A before 31st December.
§ The account of Festival Holidays, Casual Leave and Sick Leave should be maintained in Form – B.
From United States
Can anyone help me with knowing the night shift working applicable laws? Also would like to know what parameters to be included in doing research on " Night Shift working Best Practices" Shwetha
Dear
can you please help me by sending material as per follows
i am a working guy & could't get the time for study & need to give exam MBA HR
please help me by sending following material
(305 E)- PERSONNEL ADMINISTRATION - APPLICATION & PROCEDURE (This subjects book i am enable to find out)
1. Personnel Administration – Definition, Nature, Objectives, Principles. (9)
2. Personnel Policy – Definition, Scope, Process, Objectives, Contents of Personnel file &
Personnel audit, Personnel Department Structure, proper Environment around factory.
(9)
3. General Communication – Drafting of appointment orders, Interview
Letters, Promotion, Transfer & Appreciation Letters, Notices &
Circulars (All Types) (10)
4. Wage & Salary Administration – General consideration in wage &
Salary administration – Objectives & principles, Time keeping, Attendance,
68
Statutory Returns – TDS, Professional Tax, Form 16 (A) PF & ESI Returns.
(10)
5. Disciplinary Action Communication – Suspension Orders, show cause,
Notices, memo, charge sheet, warning, letter of termination & dismissal.
(10)
6. Calculations – Calculation for superannuation, gratuity & bonus (10)
7. Challenges of modern personnel manager. (2)
(303E)- LABOUR LAWS-I
1 The Factories Act, 1948
Approval, Licensing and Registration- Inspecting Staff – Health – Welfare
Working Hours - Annual Leave with wages - Periodical Returns-
Registers and Records. (15)
2 The Bombay Shops and Establishments Act, 1948
Registration of Establishments –Shops and Commercial Establishments – Residential
Hotels, Restaurants and Eating Houses –Theatres or other places of Public
Amusement or Entertainment – Leave with pay and payment of wages –Health and
Safety – Maintenance of Registers, Records and Annual Report (8)
3 The Contract Labour (Regulation and Abolition) Act, 1970
65
Advisory Boards – Registration of Establishments – Licensing of
Contractors – Welfare and Health of Contract Labour – Registers and
other Records to be maintained. (8)
4 The Minimum Wages Act, 1948
Fixing of Minimum Rates of Wages –Minimum Rates of Wages –
Procedure for Fixing and Revising Minimum Wages – Advisory Boards
and Committees – Wages in Kind –Wages for worker who works for less
than normal working day – Wages for two or more classes of work –
Minimum time rate wages for piece rate work – Maintenance of Registers
and Records (8)
5 The Payment of Wages Act, 1936
Fixation of Wage Periods – Time of Payment of Wages – Deductions
which may be made from wages –Maintenance of Registers and
Records. (8)
6 The Payment of Bonus Act, 1965
Computation of Gross Profit and Available Surplus – Eligibility and
Disqualification for Bonus – Payment of Minimum and Maximum Bonus –
Calculation of Bonus with respect to certain employees – Proportionate
deduction in bonus in certain cases – Computation of number of working
days – Set on and Set off of allocable surplus – Special provisions with
respect to certain establishments – Deduction of certain amounts from
bonus payable – Time limit for payment of bonus – Presumption
about accuracy of balance sheet and profit and loss account – Maintenance
of Registers and Records. (8)
7 The Payment of Gratuity Act, 1972
Entire Act (5)
(304E) INDUSTRIAL RELATIONS
1 Industrial Relation :-Origin, Definition, Scope, Determinant, Socio-Economic, Technical,
Political factors affecting IR in changing Environment, Approaches to the study of IR
–Psychological, Human Relation, Socio,Gandhinian approach &It’s Effect on
Management (10)
2 Trade Union: - Function of Trade Union, Types & structure of Trade Union, Impact of
globalization on Trade union movement. (10)
3 Industrial Dispute-Meaning, Causes (5).
4 Industrial Relation Machinery to solve Industrial Dispute: - Negotiation, Mediator.
67
Arbitration- Work Committees, Conciliation, Board of Conciliation, Court of enquiry,
Labour Court, Industrial Tribunal, National Tribunal, Role of Judiciary & its impact
on industrial relation. (8)
5 Collective Bargaining-Meaning, Characteristics, Need, Importance, Essential Conditions
for Success of Collective Bargaining, Process of Collective Bargaining, Causes for
Failure of Collective Bargaining, Options in Case of Collective Bargaining.
(8)
6 Workers Participation in Management-Concept, Pre-Requisites, Levels Of
Participation, Benefits of Participation. (5)
7 Impact of Globalization &Information Technology on IR. (4)
8 Role of Human Resource Development in Developing Industrial Relation- Industrial
Relation Democracy, Industrial peace (5)
.
9 Salient features of Industrial Employment (Standing order) Act1946. (5)
From India, Pune
can you please help me by sending material as per follows
i am a working guy & could't get the time for study & need to give exam MBA HR
please help me by sending following material
(305 E)- PERSONNEL ADMINISTRATION - APPLICATION & PROCEDURE (This subjects book i am enable to find out)
1. Personnel Administration – Definition, Nature, Objectives, Principles. (9)
2. Personnel Policy – Definition, Scope, Process, Objectives, Contents of Personnel file &
Personnel audit, Personnel Department Structure, proper Environment around factory.
(9)
3. General Communication – Drafting of appointment orders, Interview
Letters, Promotion, Transfer & Appreciation Letters, Notices &
Circulars (All Types) (10)
4. Wage & Salary Administration – General consideration in wage &
Salary administration – Objectives & principles, Time keeping, Attendance,
68
Statutory Returns – TDS, Professional Tax, Form 16 (A) PF & ESI Returns.
(10)
5. Disciplinary Action Communication – Suspension Orders, show cause,
Notices, memo, charge sheet, warning, letter of termination & dismissal.
(10)
6. Calculations – Calculation for superannuation, gratuity & bonus (10)
7. Challenges of modern personnel manager. (2)
(303E)- LABOUR LAWS-I
1 The Factories Act, 1948
Approval, Licensing and Registration- Inspecting Staff – Health – Welfare
Working Hours - Annual Leave with wages - Periodical Returns-
Registers and Records. (15)
2 The Bombay Shops and Establishments Act, 1948
Registration of Establishments –Shops and Commercial Establishments – Residential
Hotels, Restaurants and Eating Houses –Theatres or other places of Public
Amusement or Entertainment – Leave with pay and payment of wages –Health and
Safety – Maintenance of Registers, Records and Annual Report (8)
3 The Contract Labour (Regulation and Abolition) Act, 1970
65
Advisory Boards – Registration of Establishments – Licensing of
Contractors – Welfare and Health of Contract Labour – Registers and
other Records to be maintained. (8)
4 The Minimum Wages Act, 1948
Fixing of Minimum Rates of Wages –Minimum Rates of Wages –
Procedure for Fixing and Revising Minimum Wages – Advisory Boards
and Committees – Wages in Kind –Wages for worker who works for less
than normal working day – Wages for two or more classes of work –
Minimum time rate wages for piece rate work – Maintenance of Registers
and Records (8)
5 The Payment of Wages Act, 1936
Fixation of Wage Periods – Time of Payment of Wages – Deductions
which may be made from wages –Maintenance of Registers and
Records. (8)
6 The Payment of Bonus Act, 1965
Computation of Gross Profit and Available Surplus – Eligibility and
Disqualification for Bonus – Payment of Minimum and Maximum Bonus –
Calculation of Bonus with respect to certain employees – Proportionate
deduction in bonus in certain cases – Computation of number of working
days – Set on and Set off of allocable surplus – Special provisions with
respect to certain establishments – Deduction of certain amounts from
bonus payable – Time limit for payment of bonus – Presumption
about accuracy of balance sheet and profit and loss account – Maintenance
of Registers and Records. (8)
7 The Payment of Gratuity Act, 1972
Entire Act (5)
(304E) INDUSTRIAL RELATIONS
1 Industrial Relation :-Origin, Definition, Scope, Determinant, Socio-Economic, Technical,
Political factors affecting IR in changing Environment, Approaches to the study of IR
–Psychological, Human Relation, Socio,Gandhinian approach &It’s Effect on
Management (10)
2 Trade Union: - Function of Trade Union, Types & structure of Trade Union, Impact of
globalization on Trade union movement. (10)
3 Industrial Dispute-Meaning, Causes (5).
4 Industrial Relation Machinery to solve Industrial Dispute: - Negotiation, Mediator.
67
Arbitration- Work Committees, Conciliation, Board of Conciliation, Court of enquiry,
Labour Court, Industrial Tribunal, National Tribunal, Role of Judiciary & its impact
on industrial relation. (8)
5 Collective Bargaining-Meaning, Characteristics, Need, Importance, Essential Conditions
for Success of Collective Bargaining, Process of Collective Bargaining, Causes for
Failure of Collective Bargaining, Options in Case of Collective Bargaining.
(8)
6 Workers Participation in Management-Concept, Pre-Requisites, Levels Of
Participation, Benefits of Participation. (5)
7 Impact of Globalization &Information Technology on IR. (4)
8 Role of Human Resource Development in Developing Industrial Relation- Industrial
Relation Democracy, Industrial peace (5)
.
9 Salient features of Industrial Employment (Standing order) Act1946. (5)
From India, Pune
Hello eveyone.. ihave hewely joined this froum..m working in a bussiness hotel...m assigned a task to design a leave structure according to grades..pls help me out with ths...
From India, Pune
From India, Pune
Dear,
We have received a notice from ESIC regarding damage & interast, please advice if their any clause to remove the said damage & interast.
Please look into this mater urgently
Regards
Rabisankar Gayen
From India, Calcutta
We have received a notice from ESIC regarding damage & interast, please advice if their any clause to remove the said damage & interast.
Please look into this mater urgently
Regards
Rabisankar Gayen
From India, Calcutta
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ESIC Act 1948 .Doc
ESIC Act 1948.ppt
Form No. 37 Under ESIC act.pdf