PRESENTED BY

REMYASREE R.

TRADE UNION ACT OF 1926

Trade union act of 1926, provides for registration of trade unions

to enable participation of Trade Unions in collective bargaining.

"Trade Union" means any combination, whether temporary or

permanent, formed primarily for the purpose of regulating the

relations between workmen and employers or between workmen

and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business

Registration of Trade Unions

Appointment of registrars Government shall appoint a registrar for each state

Mode of Registration Any 7 or more members of trade union can apply

Application for Registration

Every application shall be made to the registrar and shall be accompanied

with the rules of trade unions

It also consist of name, address of Trade Union and its members
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 Power to call for further particulars and alteration of name Registration and its certificate It should contain not less than 10% or one hundred of workmen

at all times, which ever is less, subject to a minimum of seven. Cancellation of trade union Registered office Rights and liabilities of a registered trade union General funds Criminal conspiracy in trade disputes Immunity from civil suit in certain cases Right to inspect book of trade unions Minority membership Disqualification of office bears Dissolution etc
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PAYMENT OF WAGES ACT 1936

The objectives of the act are three fold:

to pay the wages to the employees

to pay the wages at proper time (ie. without any delay) to prevent unauthorized deductions

Coverage of Employees
Drawing average wage upto Rs.10000 pm as amended w.e.f.

27.10.07. Time of payment of wages The wages of every person employed is Paid,When less than 1000 persons are employed shall be paid before the expiry of the 7th day of the following month.When more than 1000 workers, before the expiry of the 10th day of the following month(sec. 5)
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 Wages to be paid in current coins or currency notes All wages shall be paid in current coins or currency notes or in both.

After obtaining the authorization, either by Cheque or by crediting

the wages in employees banks(sec.6)

Deduction made from wages

Fines as prescribed by: Not to imposed unless the employer is given an opportunity to show

cause
To record in the register
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 Deduction for absence from duties for unauthorized absence. Absence for whole or any part of the day If ten or more persons

absent without reasonable cause, deduction of wages up to 8 days.

(sec.9)
Deduction for damage or loss For default or negligence of an employee resulting into loss. Show cause notice has to be given to the employee.(sec 10)

Deductions for service rendered

When accommodation amenity or service has been accepted by the

employee.(Sec.11)
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MINIMUM WAGES ACT, 1948

OBJECT: For fixing minimum rates of wages in certain employments

and periodical revision of fixed wages.

APPLICABILITY: It extends to the whole of India and applies to

scheduled employments in respect of which minimum rates of wages have been fixed under this act.

SCHEDULED EMPLOYMENTS: An employment specified in the

schedule, or any process or branch of work forming part of such employment (Section-2g)
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 FIXING OF MINIMUM RATES OF WAGES:

i. The appropriate government shall fix the minimum rates of wages

payable to employees employed in a scheduled employment.

ii. Review at such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates if necessary. The minimum rates of wages may be fixed as a minimum time rate or a minimum piece rate or as a guaranteed time rate (Section-3)

Payment should not be less than minimum rates of wages

 Hours of work, overtime etc The Act also provides for regulation or working hours, overtime, weekly

holidays and overtime wages

Claims under this act Employee, Legal practitioners, Inspector Authorities: Inspectors and Claim Authorities

PENALITY: Any employer who contravenes any of the provisions of

this Act other than those relating to Section 12 and 13 of any rule or any order made there under shall be punishable with fine, which may extend to Rs.500.
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EQUAL REMUNERATION ACT, 1976

An act to provide for the payment of equal remuneration to men

and women workers and for the prevention of discrimination, on

the ground of sex, against women in the matter of employment

and for matters connected therewith or incidental thereto.

Duty of employer to pay equal remuneration to men and women

workers for same work or work of a similar nature.

No discrimination to be made while recruiting men and women

workers
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 Advisory Committee Every Advisory Committee shall consist of not less than ten

persons, to be nominated by the appropriate Government, of

which one-half shall be women.
The Advisory Committee shall regulate its own procedure. The appropriate Government may, after considering the advice

tendered to it by the Advisory Committee and after giving to the

persons concerned in the establishment or employment an

opportunity to make representations, issue such directions in respect of employment or women workers, as the appropriate

Government may think fit.

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 Government have power to appoint authorities for hearing and

deciding claims and complaints

Duty of employers to maintain registers

Inspectors can be appointed by govt.

Penalties
Employer shall be punishable with simple imprisonment for a

term which may extend to one month or with fine which may

extend to ten thousand rupees or with both

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INDUSTRIAL EMPLOYMENT ACT, 1946

An Act require employers in industrial establishments formally to define

conditions of employment under them.

It was initially made applicable to only those industrial

units/undertakings/establishments wherein 100 or more workers were

employed on any day of the preceding 12 months
Submission of draft standing orders

Within six months from the date on which this Act becomes applicable to

an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in this industrial establishment.
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 Certification of standing orders On receipt of the draft under Section3, the Certifying Officer shall

forward a copy thereof to the trade union

The employer and the trade union or such other representatives of the

workmen as may be prescribed an opportunity of being heard

The Certifying Officer shall decide whether or not any modification of or

addition to the draft submitted by the employer is necessary to render the

draft standing orders certifiable under this Act, and shall make an order in
writing accordingly

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 The Certifying Officer shall thereupon certify the draft standing orders

Penalties
For not providing for the act. For contravening the provisions of the act. Failure to submit draft standing orders. For not adhering to the model standing orders. No suit can be instituted without the support of the appropriate

government.

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Industrial Disputes Act 1947

Object of the act: Promotion of measures of securing, preserving industrial harmony

Settlement of disputes between employer-workman, employeremployer and workman-workman Prevention of illegal strikes, lockout etc.

Promotion of collective bargaining

Applicability: Whole of India Industrial dispute is defined as any dispute or difference between employees and employees or between workmen and which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person
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 Settlement envisages two categories: Settlement which is arrived at in the course of conciliation proceedings Agreement between employer and workmen arrived at otherwise than the course of conciliation proceedings Awards is defined as an interim or a final determination of any

industrial dispute or of any question relating there to, by any labour

court A strike is defined as a concerted refusal, or a refusal, under a common

understanding, of any number of persons who are, or have been, so

employed to continue to work or accept employment
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 Authorities under this act: Works committee Conciliation offers

Boards of conciliation
Courts of inquiry Labour courts

Tribunals
National Tribunals Grievance redressal machinery

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EMPLOYEES STATE INSURANCE ACT,1948

An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other

matters in relation thereto

Applicability All factories

Shop employing 20 or more persons

Such other Govt. specified establishments ESI CORPORATION: It is a corporate body appointed by central government for the administration provisions of the act of ESI in accordance with the
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ACT AUTHORISATION

1. To Promote and measure for health and welfare of Insured Employees

(IE)

2. Intervene for the rehabilitation and re-employment for disabled / injured

3. To appoint inspectors for purpose of the act

4. To determine the amount of contribution and relevant verification

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 Benefits available to insured employee Sickness benefit Maternity benefit

Disablement benefit
Dependents benefit Medical benefit Funeral expenses The employer is however to pay employers share of 4.75% of the salary

received by the employee.

The State Govt. bears one-eight share of expenditure on medical benefits

with in the per capita ceiling of Rs.1200/- per I.P. family per annum
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Workmens Compensation Act 1923

Object: Is that in the case of an employment injury, compensation be provided to the injured workman and in the cased of his death, to his

dependents
Scope and coverage: The Act extends to the whole of India. It applies to workmen employed in factories, mines, plantations, transport establishments, construction work, railways, ships, circuses, & other hazardous occupations & employments specified in Schedule II to the Act. The coverage of this act is also to cooks employed in hotels and restaurants. The Act does not apply to members of Armed Forces of the Union & workmen who are covered by the ESI Act, 1948.3
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 Employer to pay compensation: In the case of personal injury is caused to a workman during the course of his employment, his employer is liable to pay compensation in accordance with the

provision of the Act within 30 days from the date it is due.

When employer is not liable: When the injury is caused due to influence of drink or drug taken by the workman or his disobedience to

observe safety rules.

Amount of Compensation: In the case of death, it is 50% or Rs.80,000 In the case of permanent total disablement, it is 60% or Rs. 90,000 In the case of permanent partial disablement, it is proportionate to the disability
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 Notice: An injured person or his dependents have to give a notice to the employer to pay compensation Claim: Upon the failure or refusal of an employer to pay compensation, an application is made to the commissioner under the workmens compensation act 1923 Contracting out: Any contract or agreement whereby an injured person

or his dependent relinquishes or reduce his right to receive

compensation is null and void to that extent

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EMPLOYEE PROVIDENT FUNDS & MISCELLANEOUS PROVISION ACT 1952

The Act was enacted with the main objective of making some

provisions for the future of industrial workers after their retirement

and for their dependents in case of death
It provides insurance to workers and their dependents against risks

of old age, retirement, discharge, retrenchment or death of the

workers
It is applicable to every establishment which is engaged in any one

or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette and employing 20 or more persons.
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 This act is administrated by the government of India through the

employees provident fund organisation (EPFO)

Various schemes provided under the act

i) The Employees Provident Fund Scheme. ii) The Employees Pension Scheme.

iii) Employees Deposit linked Insurance Scheme.

iv) The Employees Provident Fund Scheme

Section 5 of the Act authorised the Central Government to frame

employees provident fund scheme for the establishment of provident fund under this Act.
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 It extend to the whole of India except the state of Jammu and

Kashmir. Penalty
Whoever, for the purpose of avoiding any payment to be made by

himself under this Act 8[ , the Scheme 9] ,[ the Family Pension Scheme or the Insurance Scheme]] or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with

imprisonment for a term which may extend to 10[ one year, or

with fine of five thousand rupees, or with both.]

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PAYMENT OF GRATUITY ACT, 1972

Act to provide the payment of gratuity to employees engaged in

factories, mines, oilfields, plantations, ports, railway companies, shops

or other establishment.
Amount of gratuity:

For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate

of fifteen days wages based on the rate of wages last drawn by the
employee concerned.

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Application of the Act

Every factory, mine, oilfield, plantation, port and railway

company.
Every shop or establishment within the meaning of any law in

which ten or more persons are employed, or were employed, on any day of the preceding twelve months
Such other establishments or class of establishments, in which ten

or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
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Eligibility
During the termination
Superannuation Retirement or resignation Death or disablement due to accident or disease

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MATERNITY BENEFIT ACT, 1961

Act to regulate the employment of women in certain

establishment for certain period before and after child birth and to provide for maternity benefit and certain other benefits.
The act extends to whole of India. It is applicable to mines,

factories, circus industry, plantations, shops and establishments employing 10 or more persons except employees covered under the Employees State Insurance Act 1948.

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ELIGIBILITY
Every pregnant women working in any establishment are eligible,

provided they are served in the establishment for at least 80 days in the last 12 months.
Eligible for 12 weeks maternity benefit of which not more than

six weeks shall precede the date of her expected delivery.

Maternity benefit is paid at the rate of the average daily wage for

the period of her actual absence.

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Benefits under the act

Leave with average pay for 6 weeks before and after the delivery. Can take the pay for first 6 weeks before the start of maternity

leave.
Will get the pay for 6 weeks after child birth within 48 hours of

request.
Additional leave with pay of 1 month if submitted the proof of

illness.
A medical bonus of Rs.1000 if the employer is not providing free

medical care.
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CHILD LABOUR(PROHIBITION AND REGULATION) ACT

To prohibit the engagement of children in certain

employments and to regulate the conditions of work or children in certain other employments.
The act is applicable to the whole of India.

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 Children are not allowed to work in some areas like: Transport of passengers, goods Cinder picking, clearing of an ash pit or building operation

Work relating to selling of crackers and fireworks in shops

Automobile workshops and garages Handling of taxies or inflammable substance or explosives Handlooms and power loom industry Mines

Plastic units and Fiber glass workship

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Hours and period of work

No child shall be required or permitted to work in any establishment in

excess of number of hours prescribed. In Kerala the working hours in

limited to four and half hours in a day.

No child shall be permitted or required to work between 7 P.m. and 8

a.m.
Every child shall be allowed in each week a holiday of one whole day

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Kerala Shops and Commercial Establishment Act 1960

Object: To provide for the welfare of the employees employed in the

shops and commercial establishments and to regulate the conditions of

their work and employment. Applicability: It extends to the whole state of Kerala and applies to all

shops and commercial establishments defined under the act.

Registration of the establishment: The employer of every shops and commercial establishments shall apply for registration in form B-I

Renewal of Registration: Every employer shall renew the registration

every year atleast 30 days before expiry for the previous year
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 Closing of shops: Every shop shall remain entirely closed on one day of the week and a notice shall be permanently exhibited in the shop specifying the day of closure

Hours of Work:
No employee in any establishment shall be required to work for more than 8 hrs in any day and 48 hrs in any week

The number of hours which including overtime shall not exceed ten
hours in any day except on stock taking etc. and the total number of hours of overtime shall not exceed 50 for any quarter Weekly Holidays: Every person employed in shops or commercial establishments shall be allowed in each week a holiday of one whole day
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 Leave: Employees in eligible for leave in lieu of Annual leave of 12 days to employees who have completed 12 months of continuous service Leave with wages not exceeding twelve days on the ground of any sickness or accident caused by him Casual leave with wages not exceeding twelve days

Six days special casual leave for sterilization operation in the case of
male employees and 14 days in the case of female employees Dismissal: No employee shall be dismissed except on a reasonable

cause and subject to Section-18 of the Act

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