206hrm employee relations and labour legislations
TRANSCRIPT
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206HRM
Employee Relations and Labour
Legislations
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By:
Dr.Deepali S.Patil
( Dnyansagar Institute of Management and Research, Balewadi, Pune.)
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Unit1.Introduction:
� Background of Employee Relations, Concept,
definition, scope, objectives, factors,
� Participants &importance of ER, Approaches to
employee relations – The Dunlop’s approach,
The Social Action AThe Social Action
� Approach, The Human Relations Approach and
The Gandhian Approach, Labour policies,
� role of ILO and its influence on legislation in
India.
The employment relationship is the legal link between employers and
employees. It exists when a person performs work or services under certain
conditions in return for remuneration.
Employee relations replaces the term IR and covers much more than just the
collective relationships between employers and their workforce. Whereas,
previously, the focus fell on the influence of trade unions and collective
workforce rights, a long-awaited shift towards individual workplace rights
without membership is finally gaining traction.
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Actors in Industrial RelationsActors in Industrial Relations
Workers
(Trade Union)
Industrial A
Government
(Society)
Employers
( Employers
Association)
Industrial
relations
(IR)
•Institutional factor
•Economic factors
•Technological factors•Technological factors
•Psychological factors
•Political and legal factors
•Global factors
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AA
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� Technological factor:
� it include automation, computerization, high degree
of modernization, sci. mgmt.
� Since these factors have a direct influence on
employment status, wage level, collective bargaining
process in an organization. Aprocess in an organization.
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AA
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� Definition’s:Employment relation can be defining as employer and employees
relationship in a formal and informal nature that arises between
management and employee interactions in all working situation.
� According to Armstrong (2003),
employee relations consist of all those areas of human resource
management that deals with employees directly and through
collective agreements where trade unions are recognized. The unionAcollective agreements where trade unions are recognized. The union
practices for the welfare and good working condition of the
employees. Employee relations are concerned with generally
managing the relationship between employer and employees at the
workplace that can be formal e.g. contract of employment or
procedural agreement.
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� Importance of Employee Relation
� Encourage good organizational climate, mutual
understanding and cooperation.
� There is a clear and fair policy in solving the problems of
the organization.
� Employee relation treats people as valuable assets.
� There is a equitable, fair and transparent treatment ofA
employees.
� There is an effective communication throughout the
organization.
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� Employee Relations Philosophy:
� In order to create an atmosphere favorable to effective employee
relations organization through following objectives:
� Equal Employment Opportunity
� Opportunity for AdvancementA
� Diversity
� Open Dialog Safe Workplace Safe Workplace
� Compensation
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� Approaches of ER –
Industrial conflicts are the results of several socio-
economic, psychological and political factors.
� The Dunlop’s Approach ,
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� Psychological approach
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� The Social Action Approach
� Giri Approach, A
� The Gandhian Approach
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� Evaluation of ER :a. Indusrial relations under
british rule
-Colonial market emerged for british goods.
-cotton mill estd in mumbai 1853 and kolkata
1855
-Tata iron & steel estd 1911
-Still worker s cond. Very harsh, low wage,
disputes invoved
-Factory act 1881 was enacted
b. Industrial relation in first
worldwar
1st world war was opportunity to disgust for local
factories in indiaA
worldwar factories in india
•Worker’s compensation act 1923
•Trade union act 1926
•Industrial employment act 1946
•Industrial dispute act 1947 were estd.
c. Post independence -Post independence era saw developing relation
between industry and labour
-Minimum wages act
-Factory act
-Employee state insurance act estd.
Ensured peace between industry and labour
Now Modern IR became dynamic.
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legal framework of IR in India:legal framework of IR in India:
� The trade union act,1926
� The industrial employment act 1946
� The industrial Dispute Act, 1947
� Employee State Insurance Act 1948
� Minimum Wages Act 1948: A� Minimum Wages Act 1948:
� The factories act 1948
� The payment of bonus act 1965
Through Indian constitution the govt. of india have enacted various laws
for regulating the industrial relation.
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Unit no.2Unit no.2
� Mechanism for harmonious ER: Collective bargaining - definition, meaning, nature, essential conditions, functions and importance, process and its implementation,
� Workers participation in management& A� Workers participation in management& Problem solving attitude,
� Grievance, meaning and forms, sources, approaches, procedures, model grievance procedure and grievance handling committees
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Workers Participation OF Management
Introduction:
� The word ‘participation’ means sharing the decisionA� The word ‘participation’ means sharing the decision
making power with the lower ranks of the organization in
an appropriate manner.
� Participation makes them more responsible.
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Definition:
1) “the participation resulting from practices which
increase the scope for employees share of influence in
decision making at different tries of organizational
hierarchy with related assumption of responsibility”.
- International Institute for Labour Studies
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2) “ It is a mental & emotional involvement of a person in a
group situation which encourages him to contribute to
goals & share responsibilities in them”.
- Davis
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Evolution of WPM:Evolution of WPM:
� First major step in the direction of wpm in india
was the enactment of the ID Act, 1947.
� Industrial policy resolution 1948 advocated
wpm by suggesting that labour should be in all
matters concerning industrial production.A
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Objectives:
- for increasing the efficiency of enterprise & establishing
harmonious IR
- Achieving industrial peace & harmony which leads to
higher productivity & increased production
- Developing self management & promoting industrial
democracy Ademocracy
- Improve quality of working life by allowing the workers
greater influence
- developing social education for promoting unity among
worker & for tapping human talent
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Forms of WPM:
Forms of WPM vary from industry to industry & from country
to country.
- Work committee
- Joint mgmt councils A- Joint mgmt councils
- Joint & Shop councils
- Unit councils
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Challenges in WPM:
1)Conflict of Interest
2)Multiplicity of Trade Unions
3)Lack of Specific Arrangements for Sharing the Gains
4) Lack of Education and Training
5) Unwillingness to participateA5) Unwillingness to participate
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Collective BargainingCollective Bargaining
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Collective Bargaining:
Concept:
� Collective bargaining is process of joint decision
making and basically represents a democratic way of life
in industry.
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� It is the process of negotiation between firm’s and
workers’ representatives for the purpose of establishing
mutually agreeable conditions of employment.
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Definitions:
1) Sydney and Beatrice Webb :
“Collective bargaining is a method by which trade unions
protected and improved the conditions of their members’
working lives.”
2) International Labour Organization :A2) International Labour Organization :
“Negotiations about working conditions and terms of
employment between an employer and a group of employees
or one or more employees”
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Objectives:
1) To settle dispute relating to wages & working
conditions
2) To protect interest of worker through collective
action
3) Resolve difference between worker and
management through voluntary negotiationAmanagement through voluntary negotiation
4) Avoid third party intervention
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Essential conditions:Essential conditions:
� The five conditions necessary for effective
collective bargaining are as follows:
� 1. Favourable Political and Social Climate
2. Trade Unions A2. Trade Unions
� 3. Problem Solving Attitude
� 4. Availability of Data
� 5. Continuous Dialogue.
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Importance:Importance:� 1. From Workers and Trade Union Point of View:
� (i) Trade Unions are the bargaining agents for the workers. Their main function is to protect the economic and non-economic interests of the workers through constructive programmes.
� (ii) Trade Unions may negotiate with the employer for better employment opportunities.
� (iii) It may provide a feeling of job-security to the workers through collective-bargaining.Athrough collective-bargaining.
� (iv) It may compel the management not to indulge in the practices of victimization and exploitation.
� (v) It may also satisfy the ego of the workers by introducing schemes of worker’s participation in management.
� (vi)It may develop a feeling of co-operation and co-ordination among the workers and between employer and employees.
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� 2. From Management Point of View:
� (i) Through collective bargaining the management has to ensure that there is maximum utilization of worker for an efficient management growth and prosperity.
� (ii) Collective bargaining is the only way to improve industrial relations and to have cordial atmosphere.
� (iii) It may reduce the presence of strikes and go-A� (iii) It may reduce the presence of strikes and go-slow tactics which is going to adversely affect the productivity and profitability of the enterprise.
� (iv) Collective bargaining opens up the channels of communication between the top, middle and operative levels of the organization which may be difficult otherwise.
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� 3. From Government Point of View:
� (i) Collective bargaining prevents the government from using the force because an amicable agreement can be reached between employers and employees for implementing the legislative provisions.
� (ii) In fact collective bargaining is a peaceful settlement of any dispute between workers and employers and therefore it promotes industrial peace and higher productivity.
Aand higher productivity.
� (iii) If there is a strong system of collective bargaining, government can easily implement different labour laws and employer will have to give all those facilities to the employee for which he is entitled for.
� (iv) Labour problem shall be minimized through collective bargaining and industrial peace shall be promoted in the country without any force.
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Definition of grievanceDefinition of grievance
� Dale Yader defines a grievance as “a
written complaint filed by an employee
and claiming unfair treatment.
� Keith Davis, defines a grievance as “any A� Keith Davis, defines a grievance as “any
real or imagined feeling of personal
injustice which an employee has
concerning his employment relationship
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Forms:Forms:
� A grievance may take any one of the
following forms:
� (i) Factual,
� (ii) Imaginary, and A� (ii) Imaginary, and
� (iii) Disguised.
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Methods of addressing grievances:Methods of addressing grievances:
� The following are the proactive methods of
addressing grievances:
� 1. Exit Interview
� 2. Gripe Box System:
� 3. Opinion Survey: A� 3. Opinion Survey:
� 4. Meetings:
� 5. Open-Door Policy:
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Procedure:Procedure:
� Ist Step: The first step involves a presentation of the
employee’s grievance to the immediate supervisor
because he is the first step of the ladder.
� IInd Step: 1st step or fails to receive an answer within
the stipulated period, he shall, either in person or Athe stipulated period, he shall, either in person or
accompanied by his departmental representative if
required, present his grievance to the head of department
designated by the management for the purpose of
handling grievance.
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� IIIrd Step:
� If the decision of the departmental head is unsatisfactory
the aggrieved employee may request for forwarding of
his grievance to the Grievance Committee which shall
make its recommendations to the manager within seven
days of the employee’s request.
� IVth Step:A
� IV Step:
� If the decision of the management is not communicated
to the employee within stipulated period or if it is
unsatisfactory for him, he shall have right to appeal to
the management for revision
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Functions:Functions:
� Unions and management use collective
bargaining to:
� Settle disputes and grievances
� Preserve employee rightsA� Preserve employee rights
� Negotiate contracts, salaries and benefits
� Ensure safe working, conditions and job
safety
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� Vth Step:
� If no agreement is possible, the union and
the management may refer the grievance
to voluntary arbitration within a week Ato voluntary arbitration within a week
from the date of the receipt by the
employee of the management’s decision.
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Process of CB:
- Identification of problem
- Collection of data ( grievance, dissatisfaction, wages,
working condition, benefit etc.)
- Selection of negotiations
- Climate of negotiationsA
- Bargaining strategy & tactics
- Formalizing agreement ( good faith bargaining)
- Enforcing agreement
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Process of CB:Process of CB:
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Difference between WPM & CBDifference between WPM & CB
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� “Labour Policy in India” has been evolving in
response to specific needs of the situation to suit
requirements of planned “Economic
Development & Social Justice” has two-fold
Objectives.
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� Labour Policies are devised to maintain
Economic Development, Social Justice,
Industrial Harmony
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International International LabourLabour OrganizationOrganization::
� India, a Founding member of the ILO Governing Body since
1922
� The first ILO Office in India started in 1928.
� It has a two-directional focus for socio-economic
development: overall strategies and ground-level approaches.
� The ILO's overarching goal is Decent Work, i.e., promoting A
� The ILO's overarching goal is Decent Work, i.e., promoting
opportunities for all women and men to obtain decent and
productive work in conditions of freedom, equity, security and
dignity.
� DW is at the heart of ILO's strategies for economic and social
progress, central to efforts to reduce poverty and a means to
achieve equitable, inclusive and sustainable development
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� ILO's current portfolio in India centers around child labour,
preventing family indebtedness employment, skills, integrated
approaches for local socio-economic development and
livelihoods promotion, green jobs, value-addition into national
programmes, micro and small enterprises, social security,
HIV/AIDS, migration, industrial relations, dealing with the
effects of globalization, productivity and competitiveness, etc.
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� The Decent Work Technical Support Team (DWT) for South
Asia stationed in New Delhi, through its team of Specialists,
provides technical support at policy and operational levels to
member States in the sub-region.
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� The Industrial Disputes Act 1947 –
� Definition of industry, workmen and industrial dispute,
� authorities under the act,
� procedure,
� powers and duties of authorities, A� powers and duties of authorities,
� strikes and lockouts,
� layoff,
� retrenchment and closure
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Elements of IDElements of ID
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Dispute can be between employerDispute can be between employer--employer, employer,
workmenworkmen--workmen or workmenworkmen or workmen--employeeemployee
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Definitions
IndustryINDUSTRYINDUSTRY:
means any business, trade, undertaking, manufacture, or calling of
employers & includes service , employment, handicraft or industrial
occupation or avocation of workers.
The supreme court laid down a triple test to decide applicability of
the Act to industry.
i] systematic activity; i] systematic activity;
ii] cooperation between employer & employees and
iii] production of goods or services.
Industrial Dispute
means any dispute between employers and employers, employers and
workmen and between workmen and workmen; which is connected with
employment or non employment or the terms of employment.
Workman:
means any person, employed in any industryto do any skilled or unskilled
manual , supervisory, operational, technical, or clerical work for hire or reward and
, in relation with industrial dispute, includes any person who is discharged,
dismissed or retrenched in connection with such dispute but does not include any
person who
[i] is subject to Army, Navy or Air Force acts, or
[ii] is employed in police service, or
[iii] is in a managerial position or[iii] is in a managerial position or
[iv] is in a supervisory position drawing wages exceeding Rs 1,600/- pm
for a person to qualify as workman, he has to carry
[i] manual skilled or unskilled,
[ii] supervisory, or
[iii] clerical or
[iv] technical type of work and should not be covered by four exemptions
above.
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� Apprentice, part time, Casual worker, employee also be a workmen
� Medical representative who’s to do convincing for promotion of sales
is not a workmen.
� Manual work includes work involving physical excretion as
distinguish from mental or physical excretion
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� ‘Authorities under the Act
� Chapter IIIntends prevention and settlement of ID through variousauthorities with sufficient power, authorities are both internal&external
A)Voluntary settlement and conciliation agencies
� Grievance redressed committee
� Work committee (Sec 3) A� Work committee (Sec 3)
� Conciliation officer (Sec 4)
� Board of conciliation (Sec 5)
� Court of inquiry (Sec 6)
B) Adjudication machinery:
i) Labour Courts (sec 7)
ii)Industrial Tribunals(7A)
iii)National tribunals(7B)
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��Conciliation officer has equal power of civil procedure court Conciliation officer has equal power of civil procedure court
power: appointed by appropriate govt.power: appointed by appropriate govt.DD-- DISCOVERY & PRODUCTION OF DOCUMENTSDISCOVERY & PRODUCTION OF DOCUMENTS
AA-- OTH ON AFFIDIAVITEOTH ON AFFIDIAVITE
PP--ACCESS TO PUBIC RECORDACCESS TO PUBIC RECORD
II--ISSUSE INQUIRY COMMISIONISSUSE INQUIRY COMMISION
SS--SUMMANIZING & ENFORCING ATTENDANCESUMMANIZING & ENFORCING ATTENDANCE
Conciliation officer: settle
dispute
Arbitrator( umpire): gives
award(decision)
Conciliation board: appt.ed by
govt, independent person,
Chairman =2+4 member
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Notice of Change(sec 9A)
Before effecting any change in conditions of
service relating to
wages, contribution to PF, hoursof
work , rest intervals leave with
wages, holidays new rules of
discipline ,withdrawal of anydiscipline ,withdrawal of any
concession etc.
the employer should give 21 days notice to the
workmen likely to be affectedby the proposed
changes. Workmen can raise a dispute on proposed
change, even if the notice is served as above.
Procedure, Powers & Duties of Authorities
•Duties of Board
are similar to those of Conciliation Officers,
•Duties of Courts
The court has to inquire in the matters referred to it and submit report The court has to inquire in the matters referred to it and submit report
to Government in six months of commencement of inquiry.
•Duties of Tribunals
Labour report as soon as practicable.
Reports & Awards
Must be in writing , signed by all members [ a member may
record a minute of dissent] and needs to be published by the
government within one month from the receipt.
Power of Labour Courts & Industrial Tribunals
Prior to introduction of section 11A in 1971, the courts
and tribunals could intervene in the orders for discharge or
dismissal of workman only if i] finding of the management’s
domestic inquiry was perverse or the punishment harsh to make
it case of victimization.it case of victimization.
Labour Courts, Tribunals after introduction of section
11A can now satisfy itself that misconduct was established by
evidence at the inquiry and findings recorded are correct and
then decide on punishment or relief to be granted.
Settlements & Awards
Settlement between management and workmen
can be arrived in course of conciliation or an agreement
arrived at by the two parties outside conciliation.
The agreements in the second category must beThe agreements in the second category must be
in writing signed by the parties to the dispute.
Settlement is valid for the period agreed by the
two parties and in absence of such agreement for a
period of six months.
Settlements & Awards
An award is binding and comes into operation on
the expiry of 30 days from its publication when it becomes
enforceable.enforceable.
The award is valid for a period of one year. This
period can be reduced and extended by one year at a time
by the government .
Even after expiry of validity period , an award
remains in operation for a period of two months from the
date on which any party serves notice of its intention to
terminate it.
Strikes and Lockouts
“Strike” means concerted refusal by workmen to carry
work or accept employment.
Lockout means the closing of a place of employment or
suspension of work or refusal by an employer to continue to
employ any number of persons employed by him.employ any number of persons employed by him.
Definition of strike postulates
[i] plurality of workmen;
[ii] cessation of work or refusal to continue work;
[iii] acting in combination under a common
understanding.
Strikes and Lockouts
Workmen may not strike if
[i] conciliation is going on before a Board;
[ii] adjudication is on before Labour Court or Tribunal;
[iii] when Government in its reference prohibits strike;[iii] when Government in its reference prohibits strike;
[iv] arbitration is on and
[v] when a settlement or award is in operation strike
issues.
For public utilities there are more restrictions on strikes.
Employer’s right to lock out is subject to same restrictions
as for strikes above.
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The Contract Labour
(Regulation and Abolition) Act 1970
Section# 2 and all provisions under A
Chapter III, IV, V, VI,and VII
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� The Contract Labour (Regulation and
Abolition) Act 1970 –
� Advisory boards,
� registration of establishment,
� Licensing of Contractors, A� Licensing of Contractors,
� Welfare and health of contract labour,
registers and otherrecords to be
maintained.
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Introduction:Introduction:
� Came in existence 5th sept 170
� Applicable to whole India including J& k
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Sec2 Appropriate Sec2 Appropriate govermentgoverment
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Sec2: WorkerSec2: Worker
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Principle employerPrinciple employer
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SecSec 22 NoteNote ::OnceOnce applicableapplicable shallshall remainremain applicableapplicable ,if,if appapp..govgov wantswants..
ThroughThrough NIOGNIOG-- notificationnotification inin officialofficial gazettegazette ,app,app govtgovt banban oror makemake itit
applicableapplicable thoughthough workerworker belowbelow 2020 atat bothboth partiesparties..
CasualCasual labourlabour-- thosethose whowho performperform onon dailydaily basisbasis
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ContractorContractor
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SEC 3 & 4 Advisory boards:SEC 3 & 4 Advisory boards:
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Chap III: Registration of establishmentChap III: Registration of establishment
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How revocation (cancellation of How revocation (cancellation of
registration) works?registration) works?
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Chap IV: Licensing of contractorsChap IV: Licensing of contractors
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How revocation (cancellation of How revocation (cancellation of
LicencesLicences) works?) works?
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CHAP V: WELFARE AND HEALTH OF CONTRACT LABOURCHAP V: WELFARE AND HEALTH OF CONTRACT LABOUR
Note: Note: if regular worker more than 250 & if contract labor more than if regular worker more than 250 & if contract labor more than
100 est. need to arrange canteen100 est. need to arrange canteen
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21. Responsibility for payment of wages21. Responsibility for payment of wagesNote: Note: raise complaint toward factory inspector, who’s name is raise complaint toward factory inspector, who’s name is
mentioned on notice board at est.mentioned on notice board at est.
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Cases: based on abolition of contract Cases: based on abolition of contract labourlabour
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CHAPTER VI: PENALTIES AND CHAPTER VI: PENALTIES AND
PROCEDUREPROCEDURE
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CHAPTER VII :MISCELLANEOUS CHAPTER VII :MISCELLANEOUS Sec 29: Sec 29: labourlabour exemption act 1988 applicable where 40 or less than 40 exemption act 1988 applicable where 40 or less than 40
labourslabours exist. (Do not need to maintain register or file return)exist. (Do not need to maintain register or file return)
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Sec 29: Sec 29: labourlabour exemption act 1988 applicable where 40 or exemption act 1988 applicable where 40 or
less than 40 less than 40 labourslabours exist. (Do not need to maintain exist. (Do not need to maintain
register or file return) register or file return)
case based on Sec 29 case based on Sec 29 case 1: case 1: contract contract labourlabour 25 ( sec 29 cover ) & regular 10 =total 3525 ( sec 29 cover ) & regular 10 =total 35Acase 1: case 1: contract contract labourlabour 25 ( sec 29 cover ) & regular 10 =total 3525 ( sec 29 cover ) & regular 10 =total 35
AnsAns: so exemption act 188 applicable, because count is below 40: so exemption act 188 applicable, because count is below 40
case2: case2: 60labour=15 CL+45 Regular so it 60labour=15 CL+45 Regular so it itit require to maintain require to maintain
register under sec 2register under sec 2
AnsAns: No because CL 15 means : No because CL 15 means contarctcontarct labourlabour act is not applicable act is not applicable
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Sec 28: InspectorSec 28: Inspector
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Rules: Rules: Rule came in existence next year of act Rule came in existence next year of act i.ei.e
contract contract labourlabour rule in 1971rule in 1971
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Trade Union Act 1926Trade Union Act 1926
Section # 2,
Chapter II,III and chapter V,
The Maharashtra Recognition of Trade Unions AThe Maharashtra Recognition of Trade Unions
and prevention of unfair labour practices Act
71,
Section# 3 and the provisions under
chapter II, III, IV, V, VI, VII, VIII, X
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The Trade Union Act 1926-
•Formation and registration of Trade Unions,
•Principle privileges of a registered trade union,
•rights of recognised trade unions,
•types and structure of tradeunions,
•impact of globalisation on trade union
movementA
movement,
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IntroductionIntroduction
� Applicable whole of India including J&K
� Came in existence: 25 march 1926
� It is 16th enactment of the year
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Once TU do registration it will be considered a separate legal entity. Once TU do registration it will be considered a separate legal entity.
Fund will come through members contributionFund will come through members contribution
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AA
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Mode of registrationMode of registration
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How to apply? & statements How to apply? & statements
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rulesrules
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Characteristics of trade unionCharacteristics of trade union
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Rescinded: Rescinded: TU itself break rulesTU itself break rules
Ceases to exist: Ceases to exist: e.ge.g business group or affiliated TU vanish due business group or affiliated TU vanish due
to any reason so register will cancel registrationto any reason so register will cancel registration
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Sec .28 Sec .28 Time of submission of document will be decided by registrar . This right given by Time of submission of document will be decided by registrar . This right given by
govtgovt to registrar ,to registrar ,cuzcuz Size of TU varies .It will be mentioned on certificate. Alteration copy need Size of TU varies .It will be mentioned on certificate. Alteration copy need
to send twice in the year. Once any rule altered so within 15 days of alteration and at the end of to send twice in the year. Once any rule altered so within 15 days of alteration and at the end of
year with all documents.year with all documents.
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� Maharashtra Recognition of Trade
Union and Prevention of
Unfair Labour Practices Act 1971 � Unfair labour practices on the part of Employers and Employees,
authorities and Aauthorities and
� punishments under the act
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� CHAPTER VI. Unfair-Labour Practices.
� 28. (1) Where any person has engaged in or is engaging in any
unfair for dealing labour practice, then any union or any employee
or any employer or any Investigating Officer may, within ninety
days of the occurrence of such relating to labour practice, file a
complaint before the Court competent to unfair labour deal with
such complaint either under section 5, or as e case may be,
practices, under section 7, of this Act:
� Provided that, the Court may entertain a complaint after the period A� Provided that, the Court may entertain a complaint after the period
of ninety days from the date of the alleged occurrence, if good and
sufficient reasons are shown by the complainant for the late filing of
the complaint.
� (2) The Court shall take a decision on every such complaint as far as
possible within a period of six months from the date of receipt of
the complaint
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� (3) On receipt of a complaint under sub-section (1), the Court may, if it so
considers necessary, first cause an investigation into the said complaint to
be made by the Investigating Officer, and direct that a report in the matter
may be submitted by him to the Court, within the period specified in the
direction.
� (4) While investigating into any such complaint, the Investigating Officer
may visit the undertaking, where the practice alleged is said to have
occurred, and make such enquiries as he considers necessary. He may also
make efforts to promote settlement of the complaintA
make efforts to promote settlement of the complaint
� (5) The Investigating Officer shall, after investigating into the complaint
under sub-section (4) submit his report to the Court, within the time
specified by it, setting out the full facts and circumstances of the case, and
the efforts made by him in settling the complaint. The Court shall, on
demand and on payment of such fee as may be prescribed by rules, supply
a copy of the report to the complainant and the person complained against.
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� (6) If, on receipt of the report of the Investigating Officer, the Court finds
that the complaint has not been settled satisfactorily, and that facts and
circumstances of the case require, that the matter should be further
considered by it, the Court shall proceed to consider it, and give its
decision.
� (7) The decision of the Court, which shall be in writing, shall be in the
form of an order. The order of the Court shall be final and shall not be
called in question in any civil or criminal court
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� (8)The Court shall cause its order to be published in such manner as
prescribed. the date specified in the order.
� (9) The court shall forward a copy of its order to the state government and
such officers of the state government as may be prescribed.
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� An order of the Court shall be binding on—
� (a) all parties to the complaint;
� (b) all parties who were summoned to appear as parties to the complaint,
whether they appear or not, unless the Court is of opinion that they were
improperly made parties ;
� (c) in the case of an employer who is a party to the complaint before such
Court in respect of the undertaking to which the complaint relates, his
heirs, successors or assigns in respect of the undertaking to which the
complaint relates ; and Acomplaint relates ; and
� (d) where the party referred to in clause (a) or clause
� (b) is composed of employees, all persons, who on the date of the
complaint, are employed in the undertaking to which the complaint relates
and all persons who may be subsequently employed in the undertaking.
A
Authorities and punishments Authorities and punishments under the under the actact
Authorities under this act
(1) The State Government shall by notification in the Official Gazette,
constitute an Industrial Court.
(2) The Industrial Court shall consist of not less than three members, one of
whom shall be the President.A
(3) Every member of the Industrial Court shall be a person who is not
connected with the complaint referred to that Court, or with any industry
directly affected by such complaint:
(4) Every member of the Industrial Court shall be a person who is or has been
a judge of a High Court or is eligible for being appointed a Judge of such
Court:
A
� 5. It shall be the duty of the Industrial Court—
(а) to decide an application by a union for grant of recognition to it;
(b) to decide an application by a union for grant of recognition to it in
place of a union which has already been recognized under this Act;
(c) to decide an application from another union or an employer for
withdrawal or cancellation of the recognition of a union
(d) to decide complaints relating to unfair labour practices except
unfair labour practices falling in item 1 of Schedule IV;A
unfair labour practices falling in item 1 of Schedule IV;
(e) to assign work, and to give directions, to the Investigating Officers
in matters of verification of membership of unions, and
investigation of complaints relating to unfair labour practices ;
(f ) to decide references made to it on any point of law either by any
civil or criminal court; and (g) to decide appeals under section 42
A
6. The State Government shall, by notification in the Official Gazette,
constitute one or more Labour Courts, having jurisdiction in such
local areas, as may be specified in such notification, and shall
appoint persons having the prescribed qualifications to preside over
such Courts :
7. It shall be the duty of the Labour Court to decide complaints relating
to unfair labour practices described in item 1 of Schedule IV and to
try offences punishable under this Act. A
8. The State Government may, by notification in the Official Gazette,
appoint such number of Investigating Officers for any area as it may
consider necessary , to assist the Industrial Court and Labour Courts
in the discharge of their duties.
A
9. (I) The Investigating Officer shall be under the control of the
Industrial Court, and shall exercise powers and perform duties
imposed on him by the Industrial Court.
(2) It shall be the duty of an Investigating Officer to assist the
Industrial Court in matters of verification of membership of unions,
and assist the Industrial and Labour Courts for investigating into
complaints relating to unfair labour practices.
(3) It shall also be the duty of an Investigating Officer to report to the A
Industrial Court, or as the case may be, the Labour Court the
existence of any unfair labour practices in any industry or
undertaking, and the name and address of the persons said to be
engaged in unfair labour practices and any other information which
the Investigating Officer may deem fit to report to the Industrial
Court, or as the case may be, the Labour Court.
A
Minimum Wages Act 1948 Minimum Wages Act 1948 ––
� Definition of wages, fixation and revision
of minimum wages,
� advisory boards and committees, fixing
hours for a normal working day, wages for Ahours for a normal working day, wages for
worker who works for less than normal
working day,
� maintenance of registers and records
A
IntroductionIntroduction• Minimum wage is the one which provides not
merely for bare sustenance of life, but also thepreservations of the efficiency of the worker.
• The minimum wage fixing machinery convention A• The minimum wage fixing machinery convention was held at Geneva during 1928 and the resolution of that was embodied in articles 223 to 228 of the international labour code to represent fixation of minimum wages in the case of trades or parts of trades where such bonds are absent or wages are exceptionally low.
A
IntroductionIntroduction• The aim of these act is to prevent exploitation
of labour in industries.
• This act does not define the concept of minimum wages but empowers the central Aminimum wages but empowers the central government as well as state governments to fix minimum wages from time to time.
A
DefinitionsDefinitions• Adolescent[Section 2(a)]:‘Adolescent’ means a
person who has completed his 14th year of age but has not completed his 18th year.
• Adult[Section 2(aa)]:‘Adult’ means a person who has completed his 18th year of age.Ahas completed his 18 year of age.
• Appropriate Government[Section 2(b)]:(i)Any scheduled employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a mine, oilfield or major port, or any corporation established by a CentralAct,(ii)in relation to any other scheduled employment, the StateGovernment
A
DefinitionsDefinitions• Child[Section 2(bb)]:
"child" means a person who has not completed his fourteenth year of age.
• Competent authority[section 2(c)]: "competent authority" means the authority A"competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertainfrom time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification.
A
DefinitionsDefinitions• Employer means any person who employs one
or more employees in any schedule of employment.
• Wages means all remuneration capable of A• Wages means all remuneration capable of being expressed in terms of money.
• Employee means any person employed for hire or reward and includes an out worker.
A
ObjectivesObjectives ofof thethe Act.Act.1. To provide minimum wages for scheduled
employments.
2. To provide for maximum daily working hours, weekly rest and overtime.
A
3. To promote the welfare of workers by fixing minimum rates of wages in certain industries where labour is not organised and sweated labour is most prevalent.
4. To prevent exploitation of workers by ensuring that they are paid the minimum wages, which would provide for their subsistence and preserve their efficiency.
A
FIXATION FIXATION AND REVISIONAND REVISIONOF OF MINIMUMMINIMUM WAGESWAGES
The appropriate Government.
• Shall fix minimum rates of wages for an employment specified in Part I or Part II of Schedule & added by notification in official gazette.Aby notification in official gazette.
• May fix rates for a part of the state or for any specific class or classes instead of fixing minimum rate of wages for whole state.
• Shall review and revise at intervals not exceeding 5years the minimum rates of wages.
A
Minimum Minimum timetimerates rates [Section[Section--3(2)]3(2)]
• A minimum time rate
• A minimum piece rate
• A Guaranteed rateA
• A Guaranteed rate
• A Over time rate
A
Different Different minimumminimumrates rates [sec.[sec.--3(3)]3(3)]
• It may be fixed by any one or more the following wages period,By the Hour
By the Day By the Month
ABy the MonthBy such other larger wage period
• As may be prescribed and where such rates are fixed by the day or by the month the manner of calculating wages for a month or for a day, as the case may be indicated
A
Minimum Minimum rates rates of wagesof wages
(sec.(sec.--4)4)1. Basic + Special allowance (Which varies with the cost of living index).
2. Basic + Cash value of concessional supply of materials like food, clothes, etc.Aof materials like food, clothes, etc.
3. An all inclusive rate which includes Basic + Cost of living allowances + Cash values of Concessional supply of material.
A
Fixing minimum Fixing minimum rates rates of of wages wages [Sec.[Sec.--5]5]
• Publish its proposals in the official gazette asking
comments from the affected parties.
• Constitute committees/ sub committees for the
purpose. Apurpose.
• The committees/sub-committees and advisory
boards constituted by the Government consist of
equal number of member of:
Employers
Employees and
Independent persons.
Recommendation of Advisory Board for different class [Unskilled, skilled, Clerk, Supervisor]
Public recommendations in national publications [for public comments/representations from trade unions etc.]
Notification of Minimum Wages
Hearing of the Representatives
comments/representations from trade unions etc.]
A
AdvisoryAdvisory Board[SecBoard[Sec..--7]7]
• Appointed by appropriate government.
• To co-ordinate the work of A• To co-ordinate the work of committees and sub committees appointed under section 5.
• To advise the central and state Governments in fixation and revision of minimum rates of wages.
• To co-ordinate the work of the advisory • To co-ordinate the work of the advisory boards.
A
Composition Composition ofof Committees, Committees, etc.[Sectionetc.[Section 9]9]
Each of the committee, sub-committee and the� advisory board shall consist of:
a.Persons to be nominated by theappropriate government.
b.Representing the employers and Ab.Representing the employers and employees in the scheduled employments who shall be equal in number and
c.Independent persons not exceeding one-third of its total number of members: one of such independent persons shall be appointed the chairman by the appropriategovernment.
A
Correction of Errors [Correction of Errors [ Sec.Sec.--10]10]
• By appropriate government at any time.
• By notification in the official gazette.
• Correct clerical or arithmetical mistakes or errors arising from and accidental slip or
ACorrect clerical or arithmetical mistakes or errors arising from and accidental slip or omission.
• Every such notification shall be placed before the advisory board for information.
A
Wages Wages in Kindin Kind [Secction[Secction--11]11]
• Minimum wages shall be paid in cash.
• The appropriate government may authorize, where there has been a custom of payment of minimum wages either wholly or partly in Aminimum wages either wholly or partly in kind.
• The appropriate government may authorize supply of essential commodities at concessional rates.
A
Payment Of Minimum Rate Of Payment Of Minimum Rate Of Wages[sectionWages[section 12]12]
• The minimum wages has to be paid without any deductions other than statutory deductions.
• Payment of wages less the minimum wagesA• Payment of wages less the minimum wageson the ground of less performance or outputsis illegal.
A
Normal working hours[sec.Normal working hours[sec.
13]13]For and adult worker working in factories:
• Number of working hours should not exceed
48 hours in a week with a weekly holiday.A
• The daily hours should not exceed more than 9 hours with 1 hour rest interval.
• Provision of compensatory holiday/overtime wages if working on holiday.
A
Overtime wages [SectionOvertime wages [Section 14]14]
• If the person has worked for more than 48 hours in a week then, the excess hours worked will be treated as overtime.
• Overtime wage rate will be twice of the A• Overtime wage rate will be twice of the normal wage rate.
Wages for a person who has worked less than normal working hours [Section 15]
• Employer could not provide the activities of the job then, the employee is entitled to receive full salary.
Employee has not worked due to his • Employee has not worked due to his unwillingness then, the employee is not entitled to receive full salary.
A
Wages Wages for for two two or more classes of or more classes of workwork [Sec.[Sec.--16]16]
• Where an employee does two or more classesof work to each of which a different minimumrate of wages is applicable.
• The employer shall pay to such employee in A• The employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.
A
Minimum time rate wages for Minimum time rate wages for piece piece workwork [Section[Section--17]17]
• Where an employee employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this act.
A
• The employer shall pay to such employee wages at not less than the minimum time rate.
A
Records Records to to be maintained be maintained [Section[Section 18]18]
The registers should contain the following particulars-
I. Particulars of employed personsA
II. The work performed by them
III. The wages paid to them
IV. He receipts given by them
A
Claims [SectionClaims [Section
20]20]• A labour commissioner or any other appointed authority is authorized to hear claims regarding non-payment of minimum wages.
A
• Any aggrieved person may apply to theauthority for setting his claims within 6months.
A
Penalties [SectionPenalties [Section
22]22]• Offence: Payment of less than minimumwages to employee.
• Punishment: Imprisonment which mayextend up to 6 months or fine which mayAextend up to 6 months or fine which mayextend up to ₹ 500/- or Both.
A
The Factories Act 1948
� Definitions of factory, manufacturing
� process, worker, occupier; provisions
under health, safety and welfare, working
hours, annual leave with wages,Ahours, annual leave with wages,
� prohibition of employment of young
children
A
2.1 Factories act 1948
What is a factory?
A premises whereon 10 or more persons are engaged if power is used,
or 20 or more persons are engaged if power is not used, in a
manufacturing process. [section 2(m)].
Objective: AObjective:
• The Act has been enacted primarily with the object of protecting
workers employed in factories against industrial and occupational
hazards.
• For that purpose, it seeks to impose upon the owner or the occupier
certain obligations to protect the workers and to secure for them
employment in conditions conductive to their health and safety.
A
What is a manufacturing process?
Manufacturing process means any process for-
• (i) making, altering, repairing, ornamenting, finishing, packing, oiling,
washing, cleaning, breaking up, demolishing, or otherwise treating or
adapting any article or substance with a view to its use, sale, transport,
delivery or disposal; or
• (ii) pumping oil, water, sewage or any other substance; or
A• (iii) generating, transforming or transmitting power; or
• (iv) composing types for printing, printing by letter press, lithography,
photogravure or other similar process or book binding
• (v) constructing, reconstructing, repairing, refitting, finishing or breaking
up ships or vessels;
• (vi) preserving or storing any article in cold storage.
A
PROVISIONS PROVISIONS REGARDING HEALTHREGARDING HEALTH::
• • Cleanliness (sec.11) Cleanliness (sec.11)
• • Disposal of Wastes & Effluents (sec.12) Disposal of Wastes & Effluents (sec.12)
• • Ventilations & Temperature (sec.13) Ventilations & Temperature (sec.13)
• • Dust & Fumes (sec.14) Dust & Fumes (sec.14)
• • Artificial Humidification (sec. 15) Artificial Humidification (sec. 15) A
• • Artificial Humidification (sec. 15) Artificial Humidification (sec. 15)
• • Overcrowding (sec.16Overcrowding (sec.16))
• Lighting (sec.17) • Lighting (sec.17)
• • Drinking Water (sec.18) Drinking Water (sec.18)
• • Latrines & Urinals (sec.19Latrines & Urinals (sec.19))
• Spittoons (sec.20)• Spittoons (sec.20)
A
PROVISIONS PROVISIONS REGARDING SAFETY: REGARDING SAFETY:
• • Fencing of Machinery (sec.21) Fencing of Machinery (sec.21)
• • Work on or near Machinery in motion (sec.22) Work on or near Machinery in motion (sec.22)
• • Employment of Young Persons on Dangerous Machines Employment of Young Persons on Dangerous Machines
(sec. 23) (sec. 23)
• • Striking Gear and Devices for cutting off power (sec.24) Striking Gear and Devices for cutting off power (sec.24)
• • Self Acting Machines (sec.25) Self Acting Machines (sec.25)
Casing Casing of New Machinery (sec.26) of New Machinery (sec.26) ACasing Casing of New Machinery (sec.26) of New Machinery (sec.26)
• • Prohibition of Employment of Women & Children near Prohibition of Employment of Women & Children near
Cotton openers (sec. 27) Cotton openers (sec. 27)
• • Hoists, lifts, Lifting Machines and others (sec.28,29) • Hoists, lifts, Lifting Machines and others (sec.28,29) •
Revolving Machinery (sec. 30Revolving Machinery (sec. 30))
• Pressure Plant (sec.31)• Pressure Plant (sec.31)
A
••Floors, Stairs & Means or Access (sec.32) Floors, Stairs & Means or Access (sec.32)
• Pits, Sumps, Opening in Floors and others (sec.33) • Pits, Sumps, Opening in Floors and others (sec.33)
• Excessive Weights (sec.34)• Excessive Weights (sec.34)
• Protection of Eyes precautions against Dangerous Fumes, • Protection of Eyes precautions against Dangerous Fumes,
Gases & others (sec.35,36) Gases & others (sec.35,36)
• Precautions Regarding use of portable electric light Explosive • Precautions Regarding use of portable electric light Explosive
or Inflammable Dust, Gas (sec.36A,37)or Inflammable Dust, Gas (sec.36A,37)
• Precautions in case of fire (sec.38)• Precautions in case of fire (sec.38)A
• Precautions in case of fire (sec.38)• Precautions in case of fire (sec.38)
• Specifications of Defective Parts or Tests of Stability (sec.39) • Specifications of Defective Parts or Tests of Stability (sec.39)
• Safety of Buildings and machines (sec.40,40A) • Safety of Buildings and machines (sec.40,40A)
• Safety officers (sec. 40B)• Safety officers (sec. 40B)
A
PROVISIONS REGARDING WELFARE OF PROVISIONS REGARDING WELFARE OF
WORKERSWORKERS
• Washing Facilities (sec.42• Washing Facilities (sec.42))
• Facilities for Storing & Drying clothing (sec.43) • Facilities for Storing & Drying clothing (sec.43)
• • Facilities for Sitting (sec.44) Facilities for Sitting (sec.44)
• • First Aid facilities (sec.45First Aid facilities (sec.45))
• Canteens (sec.46• Canteens (sec.46)) A• Canteens (sec.46• Canteens (sec.46))
• Shelters, Rest Rooms & Lunch Rooms (sec.47• Shelters, Rest Rooms & Lunch Rooms (sec.47))
• • Crèches Crèches (sec.48) (sec.48)
• • Welfare Officers (sec.49)Welfare Officers (sec.49)
A
Working hours Of Adults Chapter VIWorking hours Of Adults Chapter VI
The rule as to the regulation of hours of work of adult workers in a The rule as to the regulation of hours of work of adult workers in a
factory and holidays.factory and holidays.
Working HoursWorking Hours
• Sec.51• Sec.51--Weekly hours not more than 48 hours a weekWeekly hours not more than 48 hours a week
• Sec.52• Sec.52--First day of the week i.e. Sunday shall be a weekly holidayFirst day of the week i.e. Sunday shall be a weekly holiday
• Sec.53• Sec.53--Compensatory holidaysCompensatory holidaysA
• Sec.53• Sec.53--Compensatory holidaysCompensatory holidays
• Where a weekly holiday is denied he shall be allowed to avail the • Where a weekly holiday is denied he shall be allowed to avail the
compensatory holiday within a month.compensatory holiday within a month.
Sec.54Sec.54--Daily working hoursDaily working hours-- no adult worker shall be allowed to work no adult worker shall be allowed to work
in a factory for more than nine hours in any dayin a factory for more than nine hours in any day
• Sec.55• Sec.55--Intervals for restIntervals for rest--no worker shall work for more than 5 hours no worker shall work for more than 5 hours
before he has had an interval for rest of at least 1/2 an hour.before he has had an interval for rest of at least 1/2 an hour.
• Inspector may increase it up to six hours.• Inspector may increase it up to six hours.
A
Spread over[sec.56]Spread over[sec.56]
• Inclusive of rest intervals they shall not spread over more than 10• Inclusive of rest intervals they shall not spread over more than 10--1/2 1/2
hours in any dayhours in any day
• Inspector may increase the spread over up to 12 hours.• Inspector may increase the spread over up to 12 hours.
Night Shifts[Sec.57]Night Shifts[Sec.57]
If shift extends beyond midnight , a holiday for him will mean a period If shift extends beyond midnight , a holiday for him will mean a period
of 24 hours beginning when his shift ends.of 24 hours beginning when his shift ends.A
Prohibition Overlapping Shifts[Sec.58]Prohibition Overlapping Shifts[Sec.58]
Work shall not be carried in any factory by means of system of shifts so Work shall not be carried in any factory by means of system of shifts so
arranged that more than one relay of workers is engaged in the work of arranged that more than one relay of workers is engaged in the work of
same kind at the same time.same kind at the same time.
Extra Wages for Overtime[Sec.59]Extra Wages for Overtime[Sec.59]
If workers work for more than 9 hours a day or more than 48 hour a If workers work for more than 9 hours a day or more than 48 hour a
week , extra wages should be given. Wages at twice the ordinary Rateweek , extra wages should be given. Wages at twice the ordinary Rate..
A
Restriction on Double Employment[Sec.60]Restriction on Double Employment[Sec.60]
No worker is allowed to work in any factory on any day on which he No worker is allowed to work in any factory on any day on which he
has already been working in any other factoryhas already been working in any other factory
Register of Adult Workers[Sec.62,63]Register of Adult Workers[Sec.62,63]
The manager should maintain Register of Adult workers showingThe manager should maintain Register of Adult workers showing--
-- NameName
-- Nature of workNature of workA
-- Nature of workNature of work
-- The Group etc.The Group etc.
Of each & every Adult Worker in the factory.Of each & every Adult Worker in the factory.
The Register shall be available to the Inspector at all time during The Register shall be available to the Inspector at all time during
working hours.working hours.
A
Employment Employment of of youngyoung personspersons
Prohibition Prohibition of of employment of young Children[Sec.67]employment of young Children[Sec.67]
₹₹No child who has not completed his No child who has not completed his 1414thth year year allowed to work inallowed to work in
Factory.Factory.
NonNon--Adult workers to Carry Adult workers to Carry Tokens Tokens [Sec.68][Sec.68]ANonNon--Adult workers to Carry Adult workers to Carry Tokens Tokens [Sec.68][Sec.68]
A child who has completed A child who has completed his his 1414th th year may be allowed to work in year may be allowed to work in
factoryfactory if:if:--
a) a certificate of fitness for such a) a certificate of fitness for such work work is in custody of manager ofis in custody of manager of
factory.factory.
b) b) Such Such child or adolescent child or adolescent carries carries , a token giving a , a token giving a reference reference to such to such
Certificate.Certificate.158
A
Working Hours Working Hours for for Young persons[Sec.71,72]Young persons[Sec.71,72]
Working Working Hours Hours limited limited toto 44--1/21/2
Not during Nights.Not during Nights.
Period of work Period of work limited limited to 2to 2 shifts.shifts.
Entitled to weeklyEntitled to weekly Holidays.Holidays.
Female to work only between 6am to Female to work only between 6am to 7 7 pm.pm.
Fixation of periods of workFixation of periods of work beforehand.beforehand.A
A
Maharashtra Shops & Establishment Maharashtra Shops & Establishment
(Regulation of Employment and(Regulation of Employment and
Conditions of Service) Act, 2017Conditions of Service) Act, 2017A
Conditions of Service) Act, 2017Conditions of Service) Act, 2017
A
Registration Registration of Establishmentsof Establishments
Registration of establishments.Registration of establishments.--
11) Within a period of sixty days from the date of commencement of ) Within a period of sixty days from the date of commencement of
this Act or the date on which establishment commences its business, this Act or the date on which establishment commences its business,
the employer of every establishment employing ten or more workers the employer of every establishment employing ten or more workers
shall submit application online in a prescribed form for registration to shall submit application online in a prescribed form for registration to
the Facilitator of the local area concerned, together with such fees and the Facilitator of the local area concerned, together with such fees and A
the Facilitator of the local area concerned, together with such fees and the Facilitator of the local area concerned, together with such fees and
such selfsuch self--declaration and selfdeclaration and self--certified documents as may be certified documents as may be
prescribed, containingprescribed, containing--
(a) the name of the employer and the manager, if any;(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;(b) the postal address of the establishment;
(c) the name, if any, of the establishment;(c) the name, if any, of the establishment;
(d) the actual nature of the business of the establishment(d) the actual nature of the business of the establishment
A
CHAPTER IIICHAPTER III
Opening and Closing Hours, Hours of Work, Interval for Rest, SpreadOpening and Closing Hours, Hours of Work, Interval for Rest, Spread--Over, Over,
Wages for Overtime and Weekly Wages for Overtime and Weekly offoff
Opening and closing hours of establishment.Opening and closing hours of establishment.-- Notwithstanding anything Notwithstanding anything
contained in this Act, the State Government may, fix, by notification in contained in this Act, the State Government may, fix, by notification in
thethe Official GazetteOfficial Gazette, in the public interest, such hours for opening and closing , in the public interest, such hours for opening and closing
of different classes of establishments and for different premises, shopping of different classes of establishments and for different premises, shopping
complex or mall or for different area or areas and for different period.complex or mall or for different area or areas and for different period.A
Daily and weekly hours of work in establishment and interval for rest.Daily and weekly hours of work in establishment and interval for rest.--
Subject to the other provisions of this Act, no adult worker shall be required or Subject to the other provisions of this Act, no adult worker shall be required or
allowed to work in any establishment for more than nine hours in any day and allowed to work in any establishment for more than nine hours in any day and
fortyforty--eight hours in any week. No adult worker shall be asked to work eight hours in any week. No adult worker shall be asked to work
continuously for more than five hours unless he has been given a break of not continuously for more than five hours unless he has been given a break of not
less than half an hour:less than half an hour:
Provided that, the working hours or weekly holiday may be relaxed in case of Provided that, the working hours or weekly holiday may be relaxed in case of
work of urgent nature with the previous permission of the Facilitator.work of urgent nature with the previous permission of the Facilitator.
A
SpreadSpread--over in establishments.over in establishments.-- The spreadThe spread--over of a worker in over of a worker in
establishment shall not exceed ten and half hours in any day, and in establishment shall not exceed ten and half hours in any day, and in
case a worker entrusted with intermittent nature of work or urgent case a worker entrusted with intermittent nature of work or urgent
work, the spread over shall not exceed twelve hours.work, the spread over shall not exceed twelve hours.
Wages Wages for overtime.for overtime.-- Where a worker in any establishment is required Where a worker in any establishment is required
to work beyond nine hours a day or fortyto work beyond nine hours a day or forty--eight hours a week, he shall eight hours a week, he shall
be entitled, in respect of the overtime work, wages at the rate of twice be entitled, in respect of the overtime work, wages at the rate of twice
his ordinary rate of wages. The total number of overtime hours shall not his ordinary rate of wages. The total number of overtime hours shall not A
his ordinary rate of wages. The total number of overtime hours shall not his ordinary rate of wages. The total number of overtime hours shall not
exceed one hundred and twentyexceed one hundred and twenty--five hours in a period of three months.five hours in a period of three months.
Weekly Weekly holiday for worker.holiday for worker.-- (1) (a) A department or any section of a (1) (a) A department or any section of a
department of the establishment may work in more than one shift at the department of the establishment may work in more than one shift at the
discretion of the employer and if more than one shift is worked, the discretion of the employer and if more than one shift is worked, the
worker may be required to work in any shift at the discretion of the worker may be required to work in any shift at the discretion of the
employer.employer.
A
CHAPTER VCHAPTER V
Welfare ProvisionsWelfare Provisions
Health and safety of workersHealth and safety of workers..--..
FirstFirst--aidaid..--..
Drinking waterDrinking water..--..
Latrines and urinals.Latrines and urinals.--
CrecheCreche facility.facility. ACrecheCreche facility.facility.
CanteenCanteen..--
A
CHAPTER VIICHAPTER VIIOffences and PenaltiesOffences and Penalties
Penalty for contravention of provisions of this Penalty for contravention of provisions of this
Act.Act.--
Penalty for contravention of provisions of this Act Penalty for contravention of provisions of this Act
which resulted in accident. which resulted in accident. A
which resulted in accident. which resulted in accident.
Penalty for obstructions or refusal to provide Penalty for obstructions or refusal to provide
register, etcregister, etc..
A
Maternity benefit Act, 1961 Maternity benefit Act, 1961 ––
Entire Act and latest Entire Act and latest
amendmentamendment Aamendmentamendment
A
• THE MATERNITY BENEFIT ACT, 1961
“An Act to regulate the Employment of Women in certain
establishments for certain periods before and after child-
birth and to provide for Maternity Benefit and certain
other benefits.”
A
A
OObbjecjecttiivvee
• To protect the dignity of Motherhood by providing
complete and healthy care to women and her child when
she is unable to perform her duty.
• To give the assurance that her rights will be looked after
while she is at home to take care for her childAwhile she is at home to take care for her child
A
ApplicabilityApplicability
• The act extends to whole of India except the state of Jammu and
Kashmir.
• It applies to every establishment be it a Factory, Mine or
Plantation including those belonging to Government .
• It applies to every establishment wherein persons are employed for the
Exhibition of Equestrian, Acrobatics and other Performances.
• It also applies to every Shop or Establishment in which 10 or more A
• It also applies to every Shop or Establishment in which 10 or more
persons are or where employed on any day of the preceding 12
months.
• The act is not applicable on any factory or other establishment to
which the provision of Employee State Insurance Act,1948 apply.
A
Who Who isis Eligible?Eligible?• Every women shall be entitled to Maternity Benefits by her Employer and
the Payment at the Rate of the Average Daily Wages for theperiod of her
ActualAbsence.
• Woman who has worked in any establishment for a period not less than
Eighty Days in the Twelve Months immediately preceding the date of her
expected delivery.
• Woman earning less than 15,000 may be offered ESI Scheme by herA• Woman earning less than 15,000 may be offered ESI Scheme by her
Employer and will not be entitled for Maternity Benefit.
• Woman falling under section 5A are Exceptions and by under section 5(2)
they are entitled for Maternity Benefits if she has worked for the period of
Seventy days in Twelve Months immediately preceding the date of her
expected delivery.
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WhatWhat shouldshould bebe donedone byby Employee?Employee?
• She should give Notice in writing in the Prescribed Form that
her maternity benefit may be Paid to Her or to Her Nominee.
• She should notify that she will Not Work in any Establishment
during the period for which she Receives Maternity Benefit.
A
• She has to inform about her Absence from work from the Date
which shall not be Earlier than 6 weeks before the date of her
expected delivery.
• The notice may be given during the pregnancy or as soon as
possible, after the delivery.
A
CashCash BenefitsBenefits
• Payment of Maternity Benefit in case of Death of a Woman:
The amount or benefits shall be given to the Person Nominated by the
woman and in case there is No such Nominee, to her Legal Representative.
• Payment of Medical Bonus:
The medical bonus of Two Hundred and Fifty Rupees is to be given by
Woman’s Employer . AWoman’s Employer .
• Leave for Miscarriage, etc. :
The woman after producing the proof is entitled to Leave with Wages at the
Rate of Maternity Benefit, for a period of Six Weeks immediately following
the day of her miscarriage
• Leave with Wages for Tubectomy Operation :
In this case the woman after producing the proof is entitled to Leave
with Wages at the Rate of Maternity Benefit for a period of Two
Weeks immediately following the day of her Tubectomy Operation.
• Leave for Illness arising out of Pregnancy, Delivery,
Premature Birth of Child, [Miscarriage, Medical
Termination of Pregnancy or Tubectomy operation]:
In this case after producing proof she will be entitled in Addition to In this case after producing proof she will be entitled in Addition to
the Period of Absence Allowed, to Leave with Wages at the Rate of
Maternity Benefit for a Maximum period of One month.
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NonNon--CashCash BenefitsBenefits
• Nursing Breaks:
She will be entitled in Addition to the Interval for RestAllowed
to her, be Allowed Two Breaks of prescribed duration for
Nursing the child until the child attains the age of Fifteen
Months.
• No Discharge or Dismiss while on Maternity Leave.A• No Discharge or Dismiss while on Maternity Leave.
• No Deduction of Wages in case of Breaks for Nursing the
Child.
• Light Work for 10 weeks (6 Weeks plus 1 Month)before
delivery.
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Duties Duties and and Penalty Penalty forforEmployerEmployer
• Record Management :
Every employer need to Prepare and Maintain Registers, Records
and Muster-Rolls as may be prescribed.
• Penalty for Contravention of Act by Employer.-A
If any Employer Fails to Pay any amount of Maternity Benefit or
Discharges or Dismisses the Woman who isentitled under this Act,
He shall be Punishable with Imprisonment up to 1 year and Fine
up to Rs.5000.The Minimum being 3 Months and Rs.2000
respectively.
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The Sexual harassment of women at
workplace(Prevention, prohibition and
Redressal) Act, 2013
A
A
Background of the act Background of the act
YEAR EVENT AUTHORITY
2007 Draft guidelines appoved Union Cabinet
2010 Bill introduced Lok Sabha
2012 Passed by Lok SabhaA
177
2012 Passed by Lok Sabha
2013 Passed By Rajya Sabha
2013 Received President’s Assent Published in Official
Gazette
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� Chapter
� I : Preliminary
� II : Constitution of Internal Complaints Committee by an Employer
� III : Constitution of Local Complaints Committee by District Officer
� IV : Complaint
� V : Inquiry into Complaint
� VI : Duties of Employer
� VII : Duties & Powers of District OfficerA
178
� VII : Duties & Powers of District Officer
� VIII : Miscellaneous
A
AAPPLICABILITY OF TE ACTPPLICABILITY OF TE ACT
� Extends to whole of India
� Every organisation who has more than 10
employees.
�
WHO CAN BE AN AGGRIEVED PERSON?AWHO CAN BE AN AGGRIEVED PERSON?
� Anyone who is a Female
� Irrespective of age
� Status (single, married or divorced)
� Whether an employee of the organisation
� or an outsider
179
Types of Sexual
Demand orrequest forSexualFavors
Threat about employment
status
Promise forPreferentialtreatment
Showingpornography
MakingSexuallycoloredremarks
5
Sexual Harassmen
t
Detrimental treatment
Humiliating treatment
which affects her health
Offensive of hostile
environment
Physical Contact& Advances
Unwanted physical,
verbal or non verbal conduct
of sexual nature
A
INTERNAL COMPLIANT COMMITTEEINTERNAL COMPLIANT COMMITTEE
((ICC)ICC)
ICC
(Minimum 4)
Presiding Officer
(Must be Women)
Other Members
A(Minimum 4)One person from NGO committed to cause
of women or
familiar with issues relating to sexual harassment on allowance
basis
6
•Employer with more than 10 employees in writing shall pass an
order to create ICC at all branches & act on its recommendation.
•At least ½ of the committee members shall be women
A
Local complaint committeeLocal complaint committee(LCC(LCC))
Constitution ofLCC
(5 Members)
Must be
Women
May or May not be
WomenAWomen
Chairperson
Eminent Social person working for the cause of Women
Working in the nearby area
Belonging to the Schedule Caste
or Tribe orBackward Class
Women
Ex- Officio
Concerned officer Dealing with social welfare or
women & childdevelopment in the area
Have law
orlegal
knowledge
7
District Officer shall create LCC to receive complaints from:-
• Where ICC has not been set due to less than 10 employees in the
organisation
• If complaint is against the employer
• Nodal officer within 7 days
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Tenure of the committee membersTenure of the committee members
� The Presiding Officer or the Chairperson
� and other members of ICC & LCC
� shall hold office for such period not exceeding 3 years
� from the date of appointment as prescribed by the
Employer or the District Officer as the case may be.
A
8
WHO CANNOT BE A PART OF THE COMMITTEE?
� Contravenes section 16
� Convicted for an offence or enquiry under any law is time
being pending against him/her.
� Has been found guilty or disciplinary proceeding is pending
against her
� Has abused his/her position as to render his continuance in
office prejudicial to the public interest
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CComplaintomplaint
� Need to make in writing (6 copies) along with supporting documents with the
name and address of the witnesses.
� within 3 months
� of the incident or
� from last instance in case of series of incidents
� The Committee
shall assist the aggrieved person to make the complaint in writing.A
9
� shall assist the aggrieved person to make the complaint in writing.
� can extend the time for filing complaint if it is satisfied with the
reason for the delay
� If she is unable to do so due to mental or physical incapacity then the legal heir
or the person as may be prescribed may make a complaint under this section
A
PPerioderiod in which the complaint needs to bein which the complaint needs to be
Within 3 months
of the last instance Aggrieved shall give written complaint
Within 7 days
the Committee shall send a copy of the complaint to the respondent
A
Within 10 Days
from receipt of the complaint Respondent shall file a reply along with documents, name & address of the witnesses
Within reasonable time period
The committee shall give the recommendations
10
Within 90 Days
An Appeal can be filed against the recommendation
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Complaint settlement through conciliation:Complaint settlement through conciliation:
� At the request of the aggrieved women take steps to settle the matter
between
her and the respondent through conciliation before making an enquiry.
� Though no monetary settlement shall be considered
� Post settlement ICC or LCC shall record the settlement
� Send the same to the employer or the District Officer to take action as
specified in the recommendation.A
� Committee shall also provide the copies of the recorded statement to
the aggrieved women and the respondent.
� Where an settlement has arrived no further inquiry shall be made by
the committee
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Inquiry into complaintInquiry into complaint
In case the respondent is an employee the committee shall proceed in
accordance with the service rules.
� where not available or applicable shall forward the complaint to
the police under 509 of the Penal Code and relevant provisions
within 7 days if primafaciacase exist.
� Also if the complainant informs the committee that any terms or
condition of the settlement has not been complied then the
committee proceed to make an enquiry or forward theA
committee proceed to make an enquiry or forward the
complaint to the police
� If both are employees then opportunity to be heard shall be given
equally
A
Inquiry into complaintInquiry into complaint
� Notwithstanding anything contained in the section 509 of the Penal
Code may direct the respondent to pay sums as it may appropriate to
the aggrieved women having regard to section 15
� During the pendency of an inquiry the committee may recommend:-
� Transfer the aggrieved women or the respondent to new work place
� Grant leave to the aggrieved up to a period of 3 months which shall be in
addition to the leave entitled to her
� Grant any other relief as may be prescribedA� Grant any other relief as may be prescribed
� Employer shall implement upon the recommendation and send a
report to the committee
A
Inquiry into complaintInquiry into complaint
� Within 10 days of completion of the enquiry the committee shall provide
report to the employer or district officer as the case may be and should be
available to the concerned parties
� If the committee arrives at the conclusion that the allegation has not been
proved it shall recommend to take no action.
RESPONDENT PROVED GUILTYA
RESPONDENT PROVED GUILTY
� Take action in accordance with the provisions of the service rules applicable,
where no such rules has been made, in such manner as prescribed
� To deduct from the salary or wages or direct such sum as it may consider
appropriate to be paid to aggrieved or her legal heirs in accord with sec. 15
� The concerned authority shall act upon the recommendation within 60 days
of its receipt.
A
IF IF allegations proved to be wrongallegations proved to be wrong
� If false complaint made or any forged documents being
produced the committee may recommend to take action as per
the service rules or as otherwise prescribed.
� But if the complainant is unable to provide adequate proof then
no action is to be taken Ano action is to be taken
� The malicious intent shall be established after an enquiry in
accordance has been
made with the prescribed prozure.
� Committee arrives at an conclusion that during inquiry false
evidence has been produced then it may recommend action
against the witness as per service rule or as prescribed
A
section section 1515 ((determining of sums to be paid)determining of sums to be paid)
� Committee shall need to have regard to:-
� The mental trauma, pain suffering and
emotional distress caused to the
aggrieved
� The loss in the career opportunity
� Medical expenses incurred post the incident
� Income & financial status of the respondent
� Feasibility of such payment in installment or
in lump sum A
SECTION 16 (MAINTAINENCE OF SECRECY)
Action taken by employer or District Officer
₹ Shall not be published, communicated or made known public, in media in
any
manner
in lump sum
� Notwithstanding anything contained in the Right to Information
Act
� The Complaint
� Identity & Address of Aggrieved, respondent and witness
� Information relating to the conciliation, Inquiry and
recommendation by the committee
A
Duties of employerDuties of employer
� Safe Working Environment and safety from
persons coming into contact at the workplace
� Display
� The penal consequences of sexual harassment
� Order constituting the Committee
� Organise workshops and awareness
programmes at regular intervals Aprogrammes at regular intervals
� Providing necessary facilities to the committee for dealing
with complaint and conducting an inquiry
� Assist in securing the attendance of witness & respondent
before the committee
A
Duties of employerDuties of employer
� Make such information available to the committee as it
may require in accordance with the complaint lodged
� Provide assistance to the aggrieved if she wishes to file
the complaint under Indian Penal Code or any other law
in force
� Treat sexual harassment as a misconduct under service
rules and initiate action for such misconductA
� Monitor timely submission of report by the ICC
� Cause to initiate action, under the Penal Code against
the perpetrator in the workplace where the incident took
place
A
DDutiesuties of the district officerof the district officer
� Monitor the timely submission of reports furnished by the LCC.
� Take such measures as may be necessary for engaging
NGO for creation of awareness on sexual harassment and
the rights of the women.
A� NONCOMPLIANCE OF THE ACT
� Monetory penalty of upto maximum of Rs. 50,000/- may be
imposed.
� Repetition of the same could result in punishment being
doubled and/or
� De-registration of the entity or revocation of any statutory
business licences.
A
MMiscellaneousiscellaneous� The committee in such form at such time as prescribed, an
annual report and
submit the same to the employer or the District Officer
� District Officer shall submit the brief report on annual
report to the State Government.
� The employer in his annual return shall include the number
of cases filed if any and their disposal under this Act,
where no such report is required to be prepared intimate
such number of cases to the District Officer
� The appropiate Government shall monitor theA� The appropiate Government shall monitor the
implementation of this Act and shall maintain data on the
number of cases filed & disposed in respect of all cases of
sexual harassment at workplace
A
We feel the need for the law was always there however there are few things
which we thought that should have been considered:-
� Gender Equality –can a man not be sexually harassed?
� If no educated women is there in the organisation who then shall be
the Presiding Officer of ICC generally in unorganised sector
� We have a concern that ACT shall be limited to mere paperwork in Small
and
Medium Business House.
� Instead of having individual ICC an agency could have been hired
on an AMC basis
� Online portal for registering the complaint in the LCCA
� Evidence!! Seriously?? How can the female be aware about
mishappening that shall happen. Sometimes it takes place so quick
that the person is in the traumatised form herself