Trade union Act 1926:-

The word Indian was deleted in the amendment of year 1964.

Objective:- Providing for registration of trade unions, verification of membership of trade unions registered so that they may acquire a legal & corporate status.

a) Conditions governing registration of trade unionsb) Laying down obligations of trade unionsc) Rights and liabilities of a registered trade union.

Applicability: does not apply to (sec-14)

1) Co-operative societies act 19122) Society registration act 18603) Companies act 1956

Office bearers: any member of the executive of a trade union, should be >= 18 years, should not be convicted for moral turpitude (if yeas, then elapsed period should be 5 years).

Trade union dispute: it is any dispute between

Employers & workmen

Workmen & workmen

Employers & employers

Connected with the employment, non-employment, terms of employment or conditions of labour.

Sec – 4: Mode of registration

Sec -5: application for registration

Sec- 6: provision to be contained in the rules

Sec -8: Registration within 60 days otherwise one can appeal after 3 months from the date of registration

Sec- 9: certificate of registration to be given by registrar.

Sec-10: cancellation of registration (by giving 2 months notice) if

a) Registration has been obtained by fraud/mistake.b) T.U ceases to exist.c) T.U has participated in illegal striked) When the primary objective of trade union no longer are statutory objective.

Sec-11: re-registration after 6months.

Sec-12: registered office of T.U, any change in the address of T.U should be intimated to registrar within 14 days of such change.

Sec-15: Duties and liabilities

a) Give notice of change in registered officeb) Maintain a general fundc) Maintain a political fund

Sec-17: immunity from criminal liability and criminal conspiracy.

Sec-20: the right to inspect books of a T.U @ 50 paise.

Sec-21: right of minors to be members of a T.U if he/she is >= 15 years of age.

Sec-22: proportion of office bearers should be atleast 50% actually engaged in the industry.

Sec-23: change in the name of T.U by 2/3rd majority of members.

Sec-24: amalgamation of T.U

1) If atleast 50% of all T.U members have voted.2) Overall 60% of th members have voted in favour

Sec-27: dissolution of T.U

7 memebrs + 1 secretary to be given to registrar in 14 days.

Sec-28 : submission of returns by 31st December in Form –E.

Sec-31: failure to submit returns.

Recognition of central trade union criterias:

1) Minimum membership of 5 lakhs2) Minimum 4 diff states presence3) Minimum 4 diff industries

Trade union subscription fees:-

1) Rs. 1 per annum for rural workers2) Rs 3 per annum for unorganised sectors3) Rs. 12 per annum for others.

Standing Orders Act 1946 :-

Regulates principal terms and conditions of employment except matters pertaining to wages and other forms of renumeration.

Mutual rights and duties of workmen and employer.

Procedures to be followed whenever there is dispute regarding rights and duties specified.

Coverage: 100 or more workers in the preceeding 12 months.

Sec-3: submission of draft standing orders within 6 months of the commencement of business.

Sec -4: pre-requisites for certification of standing orders.

Sec-5: procedure for certification of S.O

Certifying officer should invite objections from T.U wthin 15 days of receipt of draft S.O.

Within 7 days of certification he shall send authenticated copies to all parties concerned.

Sec-6: Appallette authority.

Appeal to be made within 1 month.

Sec -7: operation of S.O

Within 7 days of certification.

Within 1 month after the decision of appallette authority.

Sec-8: register of standing orders(in form III) should be maintained and be available for inspection @ 1st 250 words for 75 Paise

Every additional 100 words for 37 paise.

Sec – 9: pasting of standing order in bilingual language.

Sec -10A: Subsistence allowance

50% for 1st 90 days

75% for rest days.

Notice of change in shift working timings :- Sec 7A

A maximum of 2% of wages can be deducted as a fine for disciplinary action or misconduct under the said Act.

Payment of Gratuity act 1972:-

Applicable to every mine, factory, oilfield, plantation, port & railway company.

Sec-2A: continuous service of 1 Year

a) 240 days for above surfaceb) 190 days for below ground

Sec -3: Controlling authority

Sec-4: Payment of gratuity

It shall be payable to an employee on the termination of service of his employment or after he has served 5 years of continuous service. It is not applicable in these cases:

a) Death/disablementb) Retirement/superannuationc) Resignation

For every year of completed service or in part thereof excess of 6 months- 15 days wage based on wages last drawn.

For piece rated:- Avg of last 3 months salary x 15 No. of working days in 3 months

For Monthly rated:- Monthly wages last drawn x 15 26

Amount of maximum gratuity payable shall not exceed Rs. 10 Lakhs.

Sec-4A: compulsory Insurance, if the establishment has 500 or more workers.

Sec-6: Nomination in the form –F before completing 1 years of service.

Sec-7: employer shall arrange to pay the amount of gratuity within 30 days from the day it becomes payable to the person.

Sec-8: recovery of gratuity through controlling authority after the expiry of 30 days in form –I

If the employee has no family at the time of joining – immediately after 6 months of having a family nomination in the form –G is required.

The Employees State Insurance act 1948:-

Scope & coverage: to all of india, provides medical, sickness, maternity and employment injury benefits. A workmen covered under ESI act is not entitled to get compensation under workmens compensation act 1923.

Power- 10 persons

Without power- 20 persons or more.

Drawing wages upto Rs. 15000/- per month either directly or through contractor.

Mines are excluded.

Contribution:- employees earning less than Rs. 100 per day are exempted from the contribution.

Employer- 4.75%

Employee- 1.75%

Sec-2A: Registration of factories and establishments within 15 days of applicability of ESI Act.

Sec-3: formation of ESI Corporation.

Sec-12: Cessation of membership

A member of the Corporation, the Standing Committee or the Medical BenefitCouncil shall cease to be a member of that body if he fails to attend three consecutivemeetings thereof.

Sec-26: Employees state insurance fund.

Contribution Period: Benefit Period:

1st April to 30th September 1st Jan to 30th June

1st Oct to 31st March 1st July to 31st December

Accident Book:- should be maintained in the form 15.

Inspection Book:- should be preserved in the form 18.

Funeral expenses @ Rs. 10000/- and claims has to be made within 3 months of the death of the employee.

Amendments:- Age of dependents has been extended from 18 to 25 years.

Workmen Compensation Act 1923:-

Relief in case of accidents arising out of & in course of employment and causing either death of disablement.

Workers earning upto Rs.8000/- per month are covered.

Doesn’t result in total or partial disablement if it is not for a period exceeding 3 days.

Conditions which violates workmen compensation act:-

1) Wilful disobedience2) Wilful removal of safeguards3) Drugs influence.

Sec-4: Amount of compensation

a) Death: 50% of monthly wages X relevant factor or Rs. 1,20,000/- whichever is minimum.

b) Permanent disablement: 60% of monthly wages X relevant factor or Rs. 1,40,000/- whichever is minimum.

Sec-5: Relevant factor = 1/12th of monthly wages.

Doctrine of Notional extension

Sec-10: Notice & claim

Notice of accident hast to be given within 2 years of occurrence or within 2 years of death of the worker.

Sec-10A: power to require from employers statements regarding fatal accidents within 30 days of such notice.

Sec-10B: reports of serious accidents and bodily injuries in form –EE within 7 days.

Sec-11: medical examination within 3 days of the concerned worker.

Maximum amount of compensation payable:-

Death = Rs. 4,57,000/-

PTD = Rs. 5,48,000/-

Payment of Wages Act 1936:-

This act is applicable only to persons drawing wages upto Rs. 18,000/ per month.

The act does not define the persons who are to be considered as workers employed in an industrial establishment for that one has to turn to S.O. act 1946.

Sec-4: Fixation of wage period i.e. no wage period should exceed 1 month.

Sec-5: Time of payment of wages

For any railway, factory or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day.

For any railway, factory or industrial or other establishment upon or in which more than one thousand persons are employed, shall be paid before the expiry of the tenth day.

Sec-6: wages to be paid in currency coin or notes.

The total amount of deductions which may be made from the wages of any employed person shall not exceed—

(i) in cases where such deductions are wholly or partly made for payments to co-operative societies = 75% of wages

(ii) in any other case, fifty per cent, of such wages.

The Minimum Wages Act 1948:-

An Act to provide for fixing minimum rates of wages in certain employments.

"adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year.

cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed

Sec-3: Fixing of minimum rates of wages

Sec-13: Fixing hours for a normal working day

provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest

Employees Provident Funds & Misc. act 1952:-

An Act to provide for the institution of provident funds, pension fund and deposit-linked insurance fund for employees in factories and other establishments.

1) Provident fund 19522) Pension scheme 19953) Employee deposit linked insurance scheme 1976

This act is administered by EPFO (Employees provident Fund organisation) and extends to all of India except J &K.

20 or more persons.

Membership to this act is compulsory for employees drawing wages not exceeding Rs. 15000/- per month.

Contributions:- under PFEmployer = 3.67% of Basic+ D.AEmployee = 12% of Basic+ D.A

Under Pension schemeEmployer = 8.33% of Basic+ D.A (diverted out of PF)Employee = 12% of Basic+ D.A

Minimum 10 years of service is required for entitlement to pension.

Minimum pension insured under the said act is Rs. 1000/- per month.

Employee deposit linked insurance scheme 1976 :-

Employer = 0.5% of Basic+ D.AGovernment = 1.16% of Basic+ D.A

Payment of Bonus Act 1965:-

Applies to all the factories and establishments under factory act 1948.

20 or more persons engaged

Can be reduced to 10 with the notification in the official gazette.

Types of Bonuses:

1) Customary Bonus2) Attendance Bonus3) Profit Bonus

Allocable Surplus:

For banking companies = 60% of available surplus

For other companies = 67% of available surplus

It is applicable on all employees earning wages not more than that Rs.10000/- per month.

Minimum Bonus Payable = 8.33% of salary or Rs.100

Maximum Bonus payable= 20% of salary

Time limit for payment of bonus is within 8 months of the end of accounting period.

Eligibility: if any employee has worked for not less than 30 working days in that year.

MATERNITY BENEFIT ACT, 1961:-

An Act to regulate the employment of women in certain establishment for certainperiod before and after child-birth and to provide for maternity benefit and certainother benefits.

10 or more persons are employed or were employed on any day of the preceding 12 months.

However, the Act does not apply to any such factory/other establishment to which the provisions of the Employees’ State Insurance Act are applicable.

“Miscarriage” means expulsion of the contents of a pregnant uterus at ay periodprior to or during the twenty-sixth week of pregnancy.

The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks in all whether taken before or after childbirth. However she cannot take more than six weeks before her expected delivery.

Nursing breaks. -- Every woman who delivered a child will be allowed two breaks until the child attains the age of fifteen months.

Eligibility:- at least 80 days during the 12 months immediately preceding the date of her expected delivery.

Discharge or Dismissal to be Void:

When a pregnant woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her.

LEAVE FOR MISCARRIAGE AND ILLNESS In case of miscarriage or medical termination of pregnancy, a woman shall, on production of the prescribed proof, be entitled to leave with wages at the rate of maternity benefit, for a period of 6 weeks immediately following the day of her miscarriage or medical termination of pregnancy.

MEDICAL BONUS Every woman entitled to maternity benefit shall also be allowed a medical bonus of Rs. 3500/- if no pre-natal confinement and post-natal care is provided for by the employer free of charge.