Download - Business Laws related to HR.ppt
-
7/25/2019 Business Laws related to HR.ppt
1/66
Prepared by,
T. Siva Kumar
Compiled from:Elements of Mercantile Law by N.D.Kapoor (2007),
http!!labo"r.nic.in!act!welcome.html
#ario"s postin$s in www.citehr.com
-
7/25/2019 Business Laws related to HR.ppt
2/66
LawWhat is law?Law includes all the rules & principles which regulate our
relations with other individuals & with the state.
b!ect o" law?To establish socio#economic !ustice and remove the
e$isting imbalance in the socio#economic structure.
%eed "or the nowledge o" law? 'gnorance o" law is no e$cuse.
-
7/25/2019 Business Laws related to HR.ppt
3/66
(ercantile)*usiness)+ommerci
al LawWhat is it mean? 't deals with contractual situations and the right &
obligations arising out o" mercantile transactionsbetween mercantile persons.
Sources o" *usiness Law?
nglish (ercantile lawStatute Law
-udicial decisions or the system o" precedents
+ustoms & usages
-
7/25/2019 Business Laws related to HR.ppt
4/66
-
7/25/2019 Business Laws related to HR.ppt
5/66
The 'ndian +ontract ct,
/012Object?Branch of law which determines the circumstances
in which promises made by the parties to a
contract shall be legally binding on them.
+ontract 3 greement 4 n"orceablility by law5Legal obligation not a Social obligation6
greement 3 7er 4 cceptance 5'n genuineconsent6
-
7/25/2019 Business Laws related to HR.ppt
6/66
ssentials o" valid contract/. 7er and acceptance # 2 parties 8 one party maing the
o7er, other party accepting the o7er, terms o" o7er mustbe de9nite and the acceptance must also be according to
the mode prescribed and must be communicated to theo7eror.
2. 'ntention to create legal relationship
:. Law"ul consideration # something in return
;. +apacity o" parties #competent, ma!or, sound mind, notdis
-
7/25/2019 Business Laws related to HR.ppt
7/66
ssentials o" valid contract=. >ree and genuine consent 8 same mind on all the material
terms o" the contract
. Law"ul ob!ect 8 legal, moral, not opposed to public policy
1. greement not declared is void
0. +ertainty and possibility o" per"ormance8 not vague orinde9nite
@. Legal "ormalities 8 contract should be in writing
-
7/25/2019 Business Laws related to HR.ppt
8/66
WormenAs +ompensation
ct, /@2:>irst step towards social security o" wormen
The theory behind this act is that Bthe cost o" productshould bear the blood o" the wormenC
Object?To provide for the payment of compensation by certain
classes of employers to their workmen for injury byaccident.
%oteD Wormen who are covered under S' ct, /@;0 are notentitled to compensation under this ct as disablement anddependantsA bene9t is available to wormen under the "ormer act.
-
7/25/2019 Business Laws related to HR.ppt
9/66
Eisablement?
Eisablement means loss o" capacity to wor or tomove
't may result in loss or reduction o" his)her earningcapacity.
Eisablement may bePartial
Total
>urther it may bePermanent
Temporary
-
7/25/2019 Business Laws related to HR.ppt
10/66
mployerAs liability "or
compensation/. Personal in!ury2. ccupational Eisease
Compensationfor
Calculation inimumamount
Eeath =FG o" monthly wages H relevant age "actorgD ge / "actor 3 220.=;, ge = "actor 3@@.:1
Is. 0F,FFF
Permanent totaldisablement
FG o" monthly wages H relevant age "actor Is. @F,FFF
Permanent partialdisablement
G loss o" earning capacity H relevant age"actor
Temporarydisablement 5total &partial6
2=G o" monthly wages shall be payable everyhal" month till the disablement lasts
%oteD Where the monthly wages o" worman e$ceed Is. ;FFF, his monthlywages shall be deemed to be Is.;FFF only.
-
7/25/2019 Business Laws related to HR.ppt
11/66
Trade Jnions ct, /@2Trade Jnion 8 Bn association o" worers in a
particular cra"t or industryC and now it symbolie
WorersA right to organieTheir right to press their demands collectively and to go
on strie i" their demands are not accepted
Object?To regulate the conditions governing the
registration of trade unions
Obligations imposed upon a registered trade unionand
!ights " liabilities of registered trade unions
-
7/25/2019 Business Laws related to HR.ppt
12/66
'ndian Partnership ct, /@:2 contract o" uberrimae 9dei# Butmost good "aithC i.e partnershipcontract must run with mutual trust and con9dence
(inD 2 competent persons
(a$D on baning business should not e$ceed /F, any other
business not e$ceeding 2FPro9t must be distributed in Bagreed ratioC
Eocuments which contains the agreement is called BPartnershipEeedC and it contains nature o" business,
principal place o" business, name and address o" the partners,
management,
accounts
Eeed must be duly stamped as re
-
7/25/2019 Business Laws related to HR.ppt
13/66
Payment o" Wages ct, /@:Object?To avoid with holding wages# delays in paying wages " making
unreasonable deductions out of wages.
This ct is applicable to persons whose wages does not e$ceed Is. =FF permonth 52FF=6 or such other higher sum which, on the basis o" 9gures o" the+onsumer $penditure Survey published by the %ational Sample Surveyrganisation, the +entral overnment may, a"ter every 9ve years, by noti9cationin the Mcial aette.
Wage period 8 shall not e$ceed / month
Time o" payment o" wagesN/FFF persons 8 be"ore the e$piry o" the 1 thday o" the "ollowing wage period
O/FFF persons # be"ore the e$piry o" the /F thday o" the "ollowing wage period
Termination o" employment 8 be"ore 2ndworing day "rom the terminated day
Wages to be paid on a woring day
-
7/25/2019 Business Laws related to HR.ppt
14/66
Eeductions "rom wages(edium o" payment o" wages 8 current coin or currency
notes or both, a"ter obtaining written authoriation o" theemployed person, payment can be made either by che
-
7/25/2019 Business Laws related to HR.ppt
15/66
(aintenance o" registers &
recordsvery employer shall maintain registers & records
giving the "ollowing particulars o" the persons
employed by himDthe wor per"ormed by them
the wages paid to them
the deductions made "rom their wages
the receipts given by them
-
7/25/2019 Business Laws related to HR.ppt
16/66
The 'ndustrial mployment5Standing rders6 ct, /@;
Object?To re$uire employers in industrial establishments
to de%ne with su&cient precision the conditions ofemployment under them " to make the saidconditions known to workmen employed by them.
-
7/25/2019 Business Laws related to HR.ppt
17/66
(atters to be provided in Standing
rders+lassi9cation o" wormen
(anner o" intimating to wormen about periods & hours o" wor,holidays, pay days & wage rates
Shi"t woring
ttendance & late coming+onditions o" procedure in applying "or, and the authority which
may grant leave & holidays
Ie
-
7/25/2019 Business Laws related to HR.ppt
18/66
Procedure "or +erti9cation o" Standing
orders
-
7/25/2019 Business Laws related to HR.ppt
19/66
The 'ndustrial Eisputes ct,
/@;1Object?
To secure industrial peace *y preventing & settling industrial disputes between the
employers & wormen *y securing & preserving amity & good relations between the
employers & wormen through an internal Wors +ommittee
*y promoting good relations through an e$ternal machineryo" conciliation, +ourts o" 'n
-
7/25/2019 Business Laws related to HR.ppt
20/66
What is 'ndustrial dispute?
't means any dispute or di7erence betweenemployers & employers
employers & wormen
wormen & wormen, which is connected with
a6 The employment or non#employment
b6 The terms o" employment
c6 The conditions o" labor o" any person
't includes both individual & collective disputes
-
7/25/2019 Business Laws related to HR.ppt
21/66
'mportant TermsLay o7 8 >ailure)Ie"usal)'nability o" an employer to give
employment to a worman due to
Shortage o" coal, power or raw material.
ccumulation o" stocs.
*readown o" machinery.%atural calamity.
Loc out 8 Temporary closing o" a place o" employment or
suspension o" wor or re"usal by employer 5mployerAs weapon6
+losure 8 +losing the business due to actual loss or
apprehended lossIetrenchment 8 mployees terminated on account o" surplus
labor
Strie 8 +essation o" wor by wormen
Jn"air labor practices
-
7/25/2019 Business Laws related to HR.ppt
22/66
+onciliation (achineryWor committees
+onciliation Mcer
*oard o" +onciliation+ourts o" 'n
-
7/25/2019 Business Laws related to HR.ppt
23/66
>actories ct, /@;0>actory means any premises where in a
manu"acturing process
/F or more persons are engaged i" power is usedor
2F or more persons are engaged i" power is notused
Object?
To protect children " to provide for somehealth " safety measures.
-
7/25/2019 Business Laws related to HR.ppt
24/66
State overnment ) +hie"
'nspector/. Site pproval "or a "actory be"ore it is constructed
2. Submission o" plans o" >actories
:. Iegistration & Licensing o" >actories
;. ppeal to State)+entral ovt within :F days i" permissionis re"used by +hie" 'nspector)State ovt respectively
=. %otice by the occupier %ame & address o" the "actory, owner & occupier
ddress "or communication
%ature o" manu"acturing process
Total rated horsepower
%ame o" the manager
%o. o" worers liely to be employed etc
-
7/25/2019 Business Laws related to HR.ppt
25/66
ealth o" worers+leanliness
Eisposal o" wastes & eQuents
Rentilation & Temperature
Eust & "ume
rti9cial humidi9cation
vercrowding
Lighting
Erining water
Latrines & Jrinals
Spittoons
-
7/25/2019 Business Laws related to HR.ppt
26/66
Sa"ety o" worers>encing o" machinery
Wor on near machinery in motion
mployment o" young persons on dangerous machine
Striing gear & devices "or cutting o7 powerSel" acting machines
+asting o" new machinery
Prohibition o" employment o" women & children near cottonopener
oists & Li"ts
Li"ting machine, chains, ropes & li"ting tacles
Ievolving machinery
-
7/25/2019 Business Laws related to HR.ppt
27/66
Sa"ety o" worersPressure plant
>loors, stairs and means o" access
Pits, sumps, openings in oors etc
$cessive weightsProtection o" eyes
Precautions against dangerous "umes
Precautions regarding the use o" portable electric light
Precautions against e$plosive or inammable dust, gas, 9re etc.
Power to re
-
7/25/2019 Business Laws related to HR.ppt
28/66
Wel"are o" worersWashing "acilities
>acilities "or storing & drying clothes
>acilities "or sitting
>irst aid appliances
+anteens
Shelter, rest rooms & lunch rooms
+reches 5O:F women worers6
Wel"are oMcers 5O=FF worers6
-
7/25/2019 Business Laws related to HR.ppt
29/66
Woring hours%ot more than ;0hours per wee or @ hours per day
'ntervals o" rest 8 9$ed by "actory
Women employees 8 ( to 1P(
rdinary rate o" wages 3 *asic wage 4 llowances
$tra wages "or overtime 8 wages at twice the ordinary rate
nnual leave with wages / day "or every 2F)/= days o" wor per"ormed in case o" adult)child
pplication "or leave 8 atleast /= days be"ore "or private, :F days
"or public utility service
(aternity leave not e$ceeding /2 wees
-
7/25/2019 Business Laws related to HR.ppt
30/66
mployeesA State 'nsurance
ct, /@;0Object?The 'ct is a piece of social security legislation conceived
as a means of e(tinction of the evils of the society#namely# want# disease# dirt# ignorance and indigence
pplicability o" the ct "or employees is Is. /FFFF)# per month5ross Salary6.
*ene9ts?Sicness bene9t(aternity bene9tEisablement bene9tEependantsA bene9t(edical bene9t>uneral e$penses
-
7/25/2019 Business Laws related to HR.ppt
31/66
mployee?ny person employed "or wages in or in connection with
the wor o" a "actory or establishment
Eirectly employed by the principal employer
mployed through an intermediate employer
+ontract employees pprentice, not being an apprentice engaged under the
pprentices ct, /@/ or under Standing rders
Wages?ll remuneration paid in cash to an employee e$cept
employer contribution to pension & provident "unds,travelling allowance, special e$penses paid and gratuitypayable on discharge
-
7/25/2019 Business Laws related to HR.ppt
32/66
+ontribution?+ontribution 8 Sum o" money payable to S' +orporation by the
principal employer & employee
+ontribution period 8 (ust not e$ceed consecutive months
mployee +ontribution is e$emption "or employees whose wagesare N Is.=F per day
Ee"ault in payment o" contribution 8 to pay simple interest at/2G or more per annum, till the date o" its actual payment
ll disputes arising out o" this are resolved by mployeesA'nsurance +ourt
Contribution
by
!ate of Contribution
mployer sum e
-
7/25/2019 Business Laws related to HR.ppt
33/66
(inimum Wages ct, /@;0
Object?To secure the welfare of the workers in a
competitive market by %(ing the minimum rates of
wages in certain employments
Scheduled employment 8 Worers in mines,plantation, transport, mills etc
ppropriate State overnment shall 9$minimum rate o" wages "or time worminimum rate o" wages "or piece worguaranteed time rate
overtime rate
-
7/25/2019 Business Laws related to HR.ppt
34/66
>i$ation & Ievision o" wages>i$ation & revision o" minimum wages are
done by appropriate overnment through
either o" the 2 methods/. ppointment o" committees & sub#committees
as it considers necessary to hold in
-
7/25/2019 Business Laws related to HR.ppt
35/66
mployeesA Provident >und &(iscellaneous Provisions ct,/@=2Object?
)t is a social security measure meant to induce employees tosave a portion from their present earnings for a rainy day
uthoried Mcer? +entral P> +ommissioner
dditional +entral P> +ommissioner
Eeputy P> +ommissioner
Iegional P> +ommissioner +ontribution is made to
mployeesA Provident >und Scheme
mployeesA Pension Scheme & >und
mployeesA Eeposit Lined 'nsurance Scheme 5EL'6 & >und
-
7/25/2019 Business Laws related to HR.ppt
36/66
+ontributionS' is covered to employees whose wages are upto
Is./F,FFF per month
*asic Salary 3 *asic Wages 4 Eearness llowance includingcash value o" any "ood concession 4 Ietaining llowance
*mployee Contribution *mployer+s Contribution
/2G o" *asic Salary /2G o" *asic Salary 4 /./G
Pension >undD 0.::G o" *asic Salaryor Is.=;/ whichever is lesser
Provident >undD :.1G o" *asicSalary
dministrativecharges
/./FGo" *asicSalary
EL' >und
F.=FG o" *asic
Salarydministrative
-
7/25/2019 Business Laws related to HR.ppt
37/66
+ompany ct, /@=
+ompany # B an association o" many persons whocontribute money or moneyAs worth to a commonstoc and employ it in some common trade orbusiness5"or common purpose6 and who share thepro9t or loss arising there "romC
-
7/25/2019 Business Laws related to HR.ppt
38/66
+haracteristics o" the
company/. Separate legal entity
2. Limited liability
:. 8limited by shares
;. 8limited by guarantee=. Perpetual succession
. +ommon seal
1. Trans"erability o" shares
0. Separate property
@. +apacity to sue
-
7/25/2019 Business Laws related to HR.ppt
39/66
Company ,s -artnership
Company-artnership
Iegulated under+ompanies ct /@= Partnership ct /@:2
$its a"ter registrationunder +o.ct /@=
Iegistration not mandatory
(anaged by Eirectors,
*oard o" Eirectors
very partner should tae
part in the management
Property and rights isnontrans"erable toshareholders
Trans"erable to any or allpartners
-
7/25/2019 Business Laws related to HR.ppt
40/66
Shares are trans"erable whenthe trans"eree becomes themember
Shares cannot be trans"erredwithout the concern o" allpartners
Shareholders is not theagenthas no power
ach partner is an agenthaspower
(in#2
(a$# baning /F
others 2F
*ound by law and auditedannually
%o statutory provisions
nly it can be dissolved5Wound by provisions o"companies ct /@=6
Eissolved by death)insolvency o" partner orwound i" it is "or 9$ed period.
Members Public Pvt
Min 7 2
Max No limit 50
Company ,s -artnership
-
7/25/2019 Business Laws related to HR.ppt
41/66
-ublic Co. ,s -rivate Co.
-ublic Co. -rivate Co.
(in members# 1 (in# 2
(a$ members # no limit (a$ # =F
>ile with registrar to act asEirector
%o restriction
'nvites public to subscribe "orshares ) issues
%o public invitation
Uuorum members 8= 2(anagerial remunerationcannot e$ceed //G o" %P
%o restrictions
%o privileges Special priviliges
-
7/25/2019 Business Laws related to HR.ppt
42/66
Eocuments to be 9led with Iegistrar "or
getting +erti9cate o" 'ncorporation (emorandum o" ssociation signed by the subscribers
>undamental document
Lays down the area o" operation
Iegulates the e$ternal a7airs o" the co in relation to outsiders
rticles o" ssociation i" any5public limited co limited byshares need not have its own Iules and regulations and bye#laws "or the internal management o" the
a7airs o" a company.
greement between the +o and the individual "or the
appointment o" whole time Eirector or (anager List o" directors agreed to act as director with their written
consent
Eeclaration relating to companies act and "ormalities relatedto registration
-
7/25/2019 Business Laws related to HR.ppt
43/66
mployment $changes 5+ompulsory
%oti9cation o" Racancies6 ct, /@=@Object?To provide for the compulsory noti%cation of
vacancies to employment e(changes.
'ct is applicable to vacancies in posts o" a technical and scienti9cnature carrying a basic pay V Is.2/F per month occurring in establishmentsor to be circulated to the mployment $changes outside the State or Jnion
Territory
'ct is not applicable to any employment in agriculture, horticulture etc
domestic service,
the total duration o" which is less than three months,
to do unsilled oMce wor,
connected with the sta7 o" Parliament.
-
7/25/2019 Business Laws related to HR.ppt
44/66
orm and manner of noti%cation of vacancies
5/6 %ame and address o" the employer
526 Telephone number o" the employer, i" any 5:6 %ature o" vacancy D#
5a6 Type o" worers re
-
7/25/2019 Business Laws related to HR.ppt
45/66
Time limit for noti%cation of vacancies " selection tleast /= days be"ore the applicants will be interviewed or
tested.
mployer to "urnish the result o" selection within /= days.
/ubmission of !eturnsUuarterly in >orm I#' # Within :F days by :Fth-une, :/st(arch, :Fth
September & :/stEecember
*'%%'L Ieturn >orm I#'' 8 Within :F days o" the due date as
noti9ed in the Mcial aette
-
7/25/2019 Business Laws related to HR.ppt
46/66
pprentices ct, /@/
Bn apprentice is bound to obey his master in allhis law"ul commands, tae care o" his property and
promote his interest, endeavor to learn his trade orbusiness, & per"orm all the conditions o" hiscontract not contrary to law. e must not leave hismasterAs service during the term o" hisapprenticeshipC
Object?To provide for the regulation " control of training of
apprentices
-
7/25/2019 Business Laws related to HR.ppt
47/66
Types
Technician 5Rocational6 pprentice Jndergo training "or 2 years inorder to hold a certi9cate in
vocational course a"ter completing secondary stage o" schooleducation, recognied by ll 'ndia +ouncil o" Technical ducation
Trade pprentice Jndergo apprenticeship training in any trade or business
Uuali9cations "or being an
apprentice /; years o" age or above satis9es the standard o" education & physical 9tness as prescribed
"or apprenticeship training
-
7/25/2019 Business Laws related to HR.ppt
48/66
Total number o" hours)wee 3 ;2 to ;0 5( to /FP(6
mployer shall loo a"ter
7er & cceptance o" employmentPractical & basic training o" apprentices & related
instructions
ealth, Sa"ety & Wel"are o" apprentices
Leave ) vertime hours
Payment o" stipend
+ompensating "or in!ury during training
olding test & granting certi9cate
Iecords, settlement o" disputes
mployerAs responsibilities
-
7/25/2019 Business Laws related to HR.ppt
49/66
(aternity *ene9ts ct, /@/
Object? To regulate the employment of women in certain
establishments for certain periods before " after child birth "to provide for maternity bene%t " other certain bene%ts
Wage? Iemuneration in cash 4 +ash llowances including E & I 4
'ncentives 4 (oney value o" "ood grains
(aternity bene9t is a payment to a women 5should have woredatleast 0F days in the /2 months immediately proceeding the date
o" her e$pected delivery 6 at a rate o" the average daily wage "orthe period o" her actual absence
(aternity bene9t is given "or a ma$imum period o" /2 wees, o"which not more than wees shall precede the date o" here$pected delivery
-
7/25/2019 Business Laws related to HR.ppt
50/66
Liabilities o" mployerPregnant women are prohibited to wor in establishments
during a period o" wees immediately "ollowing the day o"her delivery or her miscarriage
mployer is liable to pay maternity bene9t to her nominee orthat woman even in case o" death o" that woman)childrespectively
2 nursing breas per day shall be allowed until the childattains the age o" /= months
wees leave shall be allowed "or miscarriage on production
o" the prescribed proo"
-
7/25/2019 Business Laws related to HR.ppt
51/66
Payment o" *onus ct, /@=*onus 8 Bgratuity to wormen beyond their wagesC
Object? To maintain peace " harmony between labor " capital by
allowing the employees# in recognition of their right# to sharein the prosperity of the establishment re0ected by thecontributions made by capital# management " labor
minimum bonus o" 0.::G o" the 5Salary 4 E6 or Is. /FFwhichever is higher # paid to all employees whose salary is up to
Is.:=FF per month & wored "or not less than :F days "or thatyear
*onus is no longer lined with production & pro9tability and so itis a statutory liability "or an employer on completion o" = years
a"ter /stccounting year even i" there is no pro9t
F or 1G o" available surplus is allocated "or bonus
-
7/25/2019 Business Laws related to HR.ppt
52/66
+ontract Labour 5Iegulation &
bolition6 ct, /@1FObject?
To regulate the employment of contract labour in certainestablishments and to provide for its abolition in certaincircumstances and for matters connected therewith.
Liability o" Principal mployerTo ensure provision "or canteen, restrooms, suMcient supply o" drining
water, latrines and urinals, washing "acilities.
Principal employer entitled to recover "rom the contractor "or providing
such amenities or to mae deductions "rom amount payable
very contractor shall maintain (uster Ioll, Iegister o" wages, Iegister o"Eeductions, Iegister o" vertime, Iegister o" >ines, Iegister o" dvances,Wage slip & display the abstract F" rules & ct in nglish & regionallanguage.
-
7/25/2019 Business Laws related to HR.ppt
53/66
Iegistration o" stablishment
Principal employer employing 2F or more worers throughthe contractor or the contractor5s6 on deposit o" re
-
7/25/2019 Business Laws related to HR.ppt
54/66
Licensing o" +ontractorngaging 2F or more than 2F worers and on deposit o"
re
-
7/25/2019 Business Laws related to HR.ppt
55/66
Payment o" ratuity ct,
/@12 Principle? *y "aith"ul service over a long period, the employee is entitled to claim a
certain amount as a retirement bene9t
ratuity is paid out at the time o" superannuation 5i" you retire at the
age o" =06, when you retire 5at any other age6 or resignation, and in theevent o" your death or being rendered disable because o" an accident orillness. Xou need to have at least = "ull years o" service with anemployer to
-
7/25/2019 Business Laws related to HR.ppt
56/66
pplication "or gratuityn employee or his)her nominee shall write to the employer
within :F days "rom the date the gratuity become payableor shall be applied be"ore :F days i" date o" superannuation
is nown
'" it is not paid by the employer within :F days, then he shallpay simple interest as prescribed by +entral overnment
The grievances are redressed by controlling authority andthe collector shall recover the gratuity amount 4 compoundinterest "rom the employer
-
7/25/2019 Business Laws related to HR.ppt
57/66
-
7/25/2019 Business Laws related to HR.ppt
58/66
Penalties'" an employer 8
mits or "ails to produce any register, muster#roll, any in"ormation or otherdocument relating to the employment o" worers # he shall be punishablewith simple imprisonment "or a term which may e$tend to / month or with
9ne which may e$tend to Is./F,FFF or with both
(aes any recruitment or discrimination in wages in contravention o" theprovisions o" this ct # he shall be punishable with 9ne o" Is./F,FFF toIs.2F,FFF or with imprisonment "or a term o" : months to / year or withboth "or the 9rst o7ence, and with imprisonment which may e$tend to 2
years "or the second and subse
-
7/25/2019 Business Laws related to HR.ppt
59/66
Pro"essional Ta$ ct, /@1Object?To provide for the levy " collection of ta( on
professionals # trade callings " employment in thestate.
The set o" pro"essional ta$ slabs in 'ndia are di7erent "or all the 20 states in'ndia and some o" the states have "ormulated di7erent pro"essional ta$ slabs"or men, women, and the senior citiens o" the respective states.
*g: Tamil 2adu3s Ta( /labs: al" yearly basis
Eate o" payment /=th o" succeeding month 4 additional = days grace
4alf yearly )ncome onthly -rofessional Ta(
Less than Is.2/FFF %il
*etween Is.2/FF/#Is.:FFFF Is.1=*etween Is.:FFF/#Is.;=FFF Is./00
*etween Is.;=FF/# Is.FFFF Is.:@F
*etween Is.FFF/# Is.1=FFF Is.=0=
*eyond Is.1=FF/ Is.0/F
-
7/25/2019 Business Laws related to HR.ppt
60/66
'nter#state (igrant Wormen
5Iegulation o" mployment &+onditions o" Service 6 ct, /@1@Object?
To regulate the employment of inter5/tate migrantworkmen and to provide for their conditions ofservice and for matters connected therewith.
'nter#State migrant worman
ny person who is recruited by or through a contractor in one Stateunder an agreement or other arrangement "or employment in anestablishment in another State, whether with or without thenowledge o" the principal employer in relation to suchestablishment
-
7/25/2019 Business Laws related to HR.ppt
61/66
Euties o" +ontractors
To "urnish prescribed particulars to the speci9ed authority in State "romwhich an inter#State migrant worman is recruited and in the State in whichsuch worman is employed, within /= days "rom the date o" recruitmentand also to intimate i" there are any changes in employment
To issue to every inter#State migrant worman, a pass8boo aM$ed with apassport sie photograph o" the worman and indicating in indi)Iegionaland nglish languages # 5i6 the name and place o" the establishment wherein the worman is employed
5ii6 the period o" employment
5iii6 the proposed rates and modes o" payment o" wages
5iv6 the displacement allowance payable
5v6 the return "are payable to the worman on the e$piry o" the period o" hisemployment and in such contingencies as may be prescribed and in such other
contingencies as may be speci9ed in the contract o" employment
5vi6 deductions made and others.
-
7/25/2019 Business Laws related to HR.ppt
62/66
Wages, Wel"are & other
"acilitiesThe wage rates, holidays, hours o" wor and other conditions o" service o" aninter#State migrant worman shall remain the same as any other worman inthat establishment and (inimum Wages ct, /@;0 is also applicable to them
%on#re"undable displacement allowance 3 =FG o" the monthly wages payable
to him or Is.1= whichever is higher
-ourney allowance V the "are "rom the place o" residence o" the inter#Statemigrant worman in his State to the place o" wor in the other State
ther "acilities such as suitable conditions o" wor, residential accommodation,prescribed medical "acilities 5"ree o" charge6, protective clothing are alsoapplicable
To ensure regular payment o" wages, e
-
7/25/2019 Business Laws related to HR.ppt
63/66
+hild Labour 5Prohibition and
Iegulation6 ct, /@0Object?To prohibit the engagement of children in certain
employments and to regulate the conditions of work or
children in certain other employments.
+hild means a person who has not completed his "ourteen yearso" age.
Penalties Riolations under Section#: shall be
punishable with imprisonment # : months to / year or
with 9ne o" Is./F,FFF to Is.2F,FFF or with both.
+ontinuing o7ence shall be punishable with imprisonment "or a term o" monthsto 2 years.
-
7/25/2019 Business Laws related to HR.ppt
64/66
Jnorganied Worers Social
Security ct, 2FF0Object?To provide for the social security and welfare of
unorganised workers and for other mattersconnected therewith or incidental thereto.
Jnorganied worers means a home based worer, sel" employedFr a wage worer in the unorganied sector & includes a worer inthe organied sector who is not covered under
-
7/25/2019 Business Laws related to HR.ppt
65/66
The +entral overnment "ormulated schemes "or di7erent
sections o" unorganied worers on matters relating to li"e and disability cover
health and maternity bene9ts
old age protection
any other bene9t as may be determined by the +entralovernment
The State overnment "ormulated schemes "or unorganiedworers relating to
provident "und,
employment in!ury bene9ts, housing,
educational schemes "or children,
sill upgradation,
"uneral assistance and
old#age homes
-
7/25/2019 Business Laws related to HR.ppt
66/66
6riteyourcommentsto
priyadharshini.nallaswamy7gma
il.com