plm project

8/6/2019 PLM Project

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Presented By :

Mr. Sandeep Kalaskar. (MIM 20)

Mr. Anil Patkar (MIM 33)

LABOUR COPMLIANCE


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Labor Compliances Means :

y Labor : The aggregate of all human physical and mental

effort used in creation ofgoods and services.

y Labor is a primary factor ofproduction

yCompliances : Compliance just means to comply with oradhere to.

y Labor Compliances : Comply with or adhere to the labor

laws decided by the Law and Indian Labor Ministry..


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Labor Compliance in India - History

y Law relating to labor and employment in India is primarily

known under the broad category of "Industrial Law

y labor legislation in India is naturally interwoven with the

history of British colonialismy industrial/labor legislations enacted by the British were

primarily intended to protect the interests of the British

employers

yThe earliest Indian statute to regulate the relationship

between employer and his workmen was the Trade Dispute

Act, 1929 (Act 7 of 1929)


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Labor Statutes in India1. Apprentices Act2. Contract Labor (Regulation and Abolition) Act, 19703. Employees Provident Funds Act, 19524. The Employees State Insurance Act (ESI Act)5. Equal Remuneration Act6. Factories Act, 1948

7. Labor Laws (Exemption From furnishing returns and maintaining registersby Certain Establishments) Act, 19888. Payment of Bonus Act, 19659. Payment of Gratuity Act, 197210. Industrial Disputes Act11. Industrial Employment (Standing Orders) Act12. Minimum Wages Act

13. Payment of Wages Act14. Trade Unions Act, 192615. Workmens Compensation Act, 192316. The (STATE) Shop and Establishment Act


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Apprentices Act - 1961Contract of Apprenticeship - Sec 4

- Terms and conditions agreed by the apprentice, or guardian ( incase of minor) andemployers.

- 14 yrs + MBBS certification physical fit

y Period of Apprenticeship

- Training to be determined by the National council. 0/ 4 yrs

Termination of Apprenticeship Sec- 6

- Expiry of training period .

- On application by parties to apprenticeship advisor.

Payment to Apprentice

- Employer to pay stipend as prescribed.

Obligation of employers

- Provide training in trade.

- Duly qualified in charge of training .

- Carry out contractual obligations.

- No obligation to provide job- preference


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Apprentices Act - 1961Obligation of Apprentice

- To learn conscientiously.- To attend classes .

- To carry out all lawful orders.

- To carry out the contractual obligations.

Health and Safety Measures.- As per Factories Act and Mines Act

Employers liability to pay in case of injury

- As per Workmen's Compensation Act.

Hours of work.

- 42 Hrs in a week basic / theoretical training IstYr.

- 42 to 45 hours in a week in second year .

- As per other workers in the third year.

- Not allowed to work between 10 pm to 4 am unless approved by theApprenticeshipAdvisor.


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Factories Act, 1948y Objective :

To provide safety, health and welfare .

Protect against hazards.

Impose obligations

It lays down the basic minimum

y Applicability :

Applicable to all factories using power and employing 10 or more workers and 20without using power

It covers all workers whether employed directly or indirectly or through by any agency,including a contractor,

with or without the knowledge of the principal employer,

whether for remuneration or not, in any manufacturing process,

but does not include a mine , armed forces ,a railway running shed or a hotel, restaurantor eating place.


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Factories Act, 1948y MAIN & IMPORTANT PROVISIONS OF THE ACT.y Section 7 Notice by Occupier

The Occupier at least 15 days before he begins to use any premises as a factory.

This notice should contain all details

Sec 2n Occupier - Occupier of a factory means the person who has ultimate control over

the affairs of the factory. Provided that in case of a company any one of the directors shall bedeemed to be the occupier

y Duties of the occupier

Every occupier shall ensure, the health, safety and welfare of all workers

y HEALTH & SAFETY MEASURES

CHAPTER IV (SAFETY)

CHAPTER VI A PROVISIONS RELATING TO HAZARDOUS PROCESS

CHAPTER V ( WELFARE)

Chapter VII Employment of women and young persons

CHAPTER VIII ANNUALLEAVE WITH WAGES. SEC 78 TO 81.


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Minimum Wages Act 1948y Objective :

Basic Wages

Dearness allowance (variable)

Value of other concessions, etc.

Payment of Wages

Employer to pay not less than minimum wages No deductions other than permissible.

y Payment of Wages

Employer to pay not less than minimum wages

Special Allowance need not be paid separately where consolidated salary exceeds oris equal to minimum wages.

No deductions other than permissible.

No rationalization can be done in the wage structure to bring in components likeLTA, Medical to compute a figure to claim compliance with minimum wages.


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Minimum Wages Act 1948y Wage period

One month.

Less than 1000 employees payment on or before 7th.

More than 1000 payment on or before 10th.

y Fixing hours of work and rest :

Fix hours constituting a normal working day. Adults 9 hours.

One rest day in a period of seven days. Weekly off shall ordinarily be aSunday.


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Minimum Wages Act 1948y Registers and compliances

Muster Roll-cum-Wage register in Form II unless similar registers under Paymentof Wages Act and/or Factories Act are maintained. Sec 27.

Under Sec 28 inspection book to be maintained.

To be preserved for a period of three years from date of last entry.

y Payment of Wages

Employer to pay not less than minimum wages

Special Allowance need not be paid separately where consolidated salary exceeds oris equal to minimum wages.

No deductions other than permissible.

No rationalization can be done in the wage structure to bring in components likeLTA, Medical to compute a figure to claim compliance with minimum wages.


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The Industrial Disputes Act -y Objective :

For investigation and settlement of industrial disputes.

y Applicability

The Act extends Industries, one or more workmen. industry any business, trade, undertaking, manufacture or calling of employers

and includes any calling, service, employment, handicraft or industrial occupationor avocation of workman.

employer and employees for the production and/or distribution of goods andservices calculated to satisfy human wants and wishes,

not spiritual or religious, but inclusive of material things or services, goaded to spiritual bliss, like making on

a large scale prashad or food. It also includes projects and commercial ventures ofthe Government.


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The Industrial Disputes Acty Sec 2kk Lay off :

Every workman who presents for work-not given employment within two hours .

Workman is asked to come in the second half of the shift for that day deemed tohave been laid off for one-half of the day.

Not given employment shall be entitled to full basic wages and DA .

y Closure 2cc

An industrial undertaking where more than 50 workmen has to give 60 days noticeof intention to close down the undertaking.

The notice should be served on the appropriate govt stating the reasons.

Compensation : notice pay and compensation of 15 days wages for every year ofcompleted service as if he has been retrenched.


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The Industrial Disputes Acty Retrenchment Sec 2oo

Means termination

for any reason whatsoever,

Other than disciplinary action,

but does not include voluntary retirement or

Superannuation, or the contract of employment contains a stipulation

y SEC 2qSTRIKE

means cessation of work

or a concerted refusal,

or a refusal under a common understanding, Can be for a few hours or a part of the day. Not necessary that it should be for the whole

day.

To claim wages strike must be both legal and justified.


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The Industrial Disputes Act 2(l)Lockout :

means the temporary closing down of a place of employment or

the suspension of work, or

the refusal by an employer to continue to employ

any number of persons.

Sec 2pSettlements :

signed in conciliation binding on all workmen

signed by parties outside conciliation

binding only on parties to the settlement.

Copies must be sent to prescribed authorities


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Maternity Benefit Act 1961 Coverage :

All women employees directly or through contractor including probationers, temporary,casuals, executives, managers.

Employing 10 or more workmen.

No salary ceiling for coverage.

Until a woman qualifies to get Maternity Benefit under ESI she is covered by MaternityBenefit Act.

Eligibility :

Worked for 80 days in the 12 months immediately preceding the date of delivery.


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Maternity Benefit Act 1961 Benefits :

12 weeks Maternity Leave on average pay.

Medical Bonus of Rs. 250/-

Additional leave for 1 month for illness arising out of pregnancy, child-birth etc.

2 nursing breaks till child is 15 months old.

No discharge or dismissal during Maternity Leave.

Six weeks leave for miscarriage & two weeks for Tubectomy.

No limit on the no. of times that a woman can avail of the benefits.

Contracting out

Contracting out is prohibited under sec 27.

The benefits cannot be restricted by way of an agreement/settlement.


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Maternity Benefit Act 1961 Registers and compliances :

Display Abstract in local language at a conspicuous place on the premises.

Prepare and maintain up to date maternity benefit register in Form 10.

Submit returns in Form 11 on or before Feb 15 each year.

Restrictions on employers : Cannot employ a woman during the period of six weeks immediately following

delivery miscarriage.

Pregnant woman cannot be made to to arduous work involving long hours of

standing or any work likely to interfere with her pregnancy during the period of

one month preceding the period of six weeks before expected date of delivery.


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Peros and cons of Compliance-Labor.

It acts as a major power in the hands/favor of the workers oremployees in any Indian organization.e.g.trade unions allowworkers to have their owns committee to have any talks withco. Management.

It reduces possible occurrences of conflicts,grieviancesbetween the workers and managements.

Acts as a tools to avoid any policies implications againstworkers by bounding employers to give any prior notice to

them. E.g. Industrial Disputes act-states employers shouldnotice any change in policy in advance and employees to goon strike with prior notice time.


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Cons of Labor compliance in india

Child labor law-Age limit of child being working is 18, but

not followed by industry.

Maternity benefit, and other compensation acts stated

amount of compensation are old and not calculated as percurrent values.e.g.Maternity benefit amount is 250 , which

has no significance in today.

Minimum wages act, impose minimum wage should be start

5000 onwards, but no diamond industry follows it.


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Thank you

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