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Labour
Laws Compliance
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Labour- related laws cast
obligations upon the employers for
meticulous impeccable and timely
Compliances. A minor violation and
inadvertent delay in complying with
the statutory requirement, not only
result in levy of damages but also
prosecutions, that too, of the top
Executives. Keeping the above in
view, the team of Experienced I.S.
Channa & Associates ensures to
set the alarm clock so as to awaken
the employers in time. |
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Payment of
Gratuity Act, 1972
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Purpose & Object
The Payment of Gratuity
Act, 1972 has been
enacted to provide for a
scheme for payment of
gratuity to employees
engaged in factories,
mines, oilfields,
plantations, ports,
railway companies, shops
or other establishments
upon their
superannuation,
retirement, resignation,
death or disablement due
to accident or disease.
Applicability
Payment of Gratuity Act,
1972 extends to whole of
India.
It applies to every
factory, mine, oilfield,
plantation, port and
railway company, shop or
establishment in which
10 or more persons are
or were employed on any day of the preceding 12 months;
It applies to all such
other establishments or
class of establishments
in which 10 or more
persons are or were
employed on any day of
the preceding 12 months as the Central Government may, by
notification, specify in
this behalf.
Eligibility
Gratuity is payable
to employees who have
rendered continuous
service of at least 5
years.
Maximum Limit
Employees covered under
the Act are entitled for
maximum amount of
gratuity of Rs.
10,00,000/-
The employer may be
pleased to offer better
terms of gratuity.
However, any amount
exceeding the maximum
prescribed limit of
gratuity (Rs. 10,00,000/-) becomes taxable in the hands of
the recipient..
Rate of Gratuity
Gratuity is payable at
the rate of 15 days'
last drawn wages by the
employee concerned for
every completed year of
his service or part
thereof in excess of 6 months.
In case of a monthly
rated employee, 15 days'
wages shall be
calculated by dividing
the last drawn monthly
wages by 26 and
multiplying the quotient by 15.
In case of a piece-rated
employee, daily wages
shall be computed on the
average of the total
wages received by him
for a period of 3
months immediately preceding the termination of his
employment (without
taking into account the
wages paid for any
overtime work). |
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Payment of
Bonus Act, 1965
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Purpose & Object
The Payment of Bonus
Act, 1965 has been
enacted to provide &
regulate the payment of
bonus to employees in
certain specified
establishments either on
the basis of profits or
on the basis of
productivity of the
establishment.
Applicability
Payment of Bonus Act,
1965 extends to whole of
India.
Payment of Bonus Act,
1965 applies to every
factory and to every
other establishment in
which 20 or more persons
are employed on
any day during an accounting year;
The Government may also
apply the act on any
factory or establishment
in which has less than
20 but not less than 10
persons are
employed;
Payment of Bonus Act,
1965 is applicable on
every employee whether
doing any skilled,
unskilled, manual,
supervisory, managerial,
administrative, technical or clerical work for hire or reward
and whether the terms of
employment are express
or implied.
Eligibility
Payment of Bonus Act,
1965 is applicable on
employees drawing wages
/ salary up-to 10,000/-
per month.
Only those employees are
entitled for bonus, who
have worked for at least
30 working days in an
accounting year.
Rate of Bonus
8.33% of the salary or
wages earned by an
employee in a year or Rs.
100/-, whichever is
higher.
In case allocable
surplus exceeds the
amount of provision of
minimum bonus, the
employer shall be bound
to pay maximum bonus not
exceeding 20% of the salary or wages earned by employees.
In case allocable
surplus exceeds the
maximum bonus (20% of
the salary or wages
earned by employees),
the excess surplus shall
be
carried forward for being set on in the succeeding accounting
years up to and
inclusive of the 4th
accounting year. |
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Minimum
Wages Act, 1948
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Purpose & Object
The Minimum Wages Act,
1948 has been enacted to
provide the minimum
wages in certain
specified employments.
The Minimum Wages Act
binds the employers to
pay the minimum wages
fixed under the Act from
time to time. Under the
provisions of the Act
both the Central and
State Government have
authority to fix,
review, revise and
enforce the minimum
wages to workers
employed in scheduled
employment under their
respective
jurisdictions.
Applicability
Minimum Wages Act, 1948
extends to whole of
India.
It applies on persons
employed in an
employment specified in
Part I (Non-agricultural
Employment) & Part II
(Agricultural
Employment) of
the Schedule to the Minimum Wages Act, 1948.
Fixation of Minimum
Wages
Appropriate Government
(Central or State, as
the case may be) has
authority to fix the
minimum rate of wages in
respect of
employment specified in Part I & II of the Schedule to the
Act.
The Central Government
has authority to fix
rate of minimum wages
for 45 Spheres of
employment; whereas, the
State Governments
have authority to fix
rate of minimum wages
for 1596 Spheres of
employment in their
territory.
Minimum Rate of wages
The Central Government
and the State
Governments have fixed
different rate of
minimum wages for
different spheres /
sectors of employment in
their respective
jurisdictions. You may
access the updated rate
of Minimum Wages, as
applicable in different
states, by clicking the
following link:
http://www.paycheck.in/main/salary/minimumwages |
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Employees
Compensation Act 1923
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Purpose & Object
The Workmen's
Compensation Act, 1923
has been enacted to
provide payment of
compensation to workmen
or their dependants in
case of injury /
accident arising out of
and in the course of
employment and resulting
in disablement or death.
Workmen's Compensation
Act, 1923 has been
remaned as 'Employees'
Compensation Act, 1923'
vide Workmen's
Compensation (Amendment)
Act, 2009
Applicability
The Workmen's
Compensation Act, 1923
extends to whole of
India.
It applies to workmen
employed in factories,
mines, plantations,
mechanically propelled
vehicles, construction
works and certain other
hazardous occupations in any such capacity as is specified in
Schedule II of the Act;
It applies to persons
recruited for working
abroad and who is
employed outside India
in any such capacity as
is specified in Schedule
II
of the Act.
It also applies to a
person recruited as
driver, helper,
mechanic, cleaner or in
any other capacity in
connection with a motor
vehicle and
to a captain or other member of crew of an aircraft.
Eligibility
The workmen or their
dependants shall be
entitled for
compensation under the
Act in case of injury /
accident arising out of
and in the course of
employment and resulting
in:
Death or
Permanent Total
Disablement or
Permanent Partial
Disablement or
Temporary Disablement
(whether total or
partial)
Determination of
Compensation
Subject to provisions of
this Act, the amount of
compensation depends
upon nature of the
injury, average monthly
wages and age of the
workmen and the same is
determined on the
following basis:
| Cases |
Amount of
Compensation |
| Death
resulting
from injury |
Amount equal
to 50% of
the monthly
wages of the
deceased
workman
multiplied
by the
relevant
factor or an
amount of
80,000/-whichever
is more; |
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Permanent
Total
Disablement
resulting
from injury |
Amount equal
to 60% of
the monthly
wages of the
injured
workman
multiplied
by the
relevant
factor or an
amount of
90,000/-whichever
is more. |
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Permanent
Partial
Disablement
resulting
from injury |
in case of
injury
specified in
Part II of
Schedule I,
such
percentage
of the
compensation
which would
have been
payable in
the case of
permanent
total
disablement
as is
specified
therein as
being the
percentage
of the loss
of earning
capacity
caused by
that injury,
and
in case of
injury not
specified in
Schedule I,
such
percentage
of the
compensation
payable in
the case of
permanent
total
disablement
as is
proportionate
to the loss
of earning
capacity (as
assessed by
the
qualified
medical
practitioner)
permanently
caused by
the injury. |
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Temporary
Disablement,
whether
total or
partial,
resulting
from injury |
Half-monthly
payment of
the sum
equivalent
to 25% of
monthly
wages of the
workman, to
be paid in
accordance
with the
provisions
of section
4(2). |
Services I.S.
Channa & Associates
Offer
We are Labour Law
Consultants, we provide
following services in
compliance to the
provisions of Workmen's
Compensation Act, 1923:
Providing day to day
consultancy on matters
pertaining to Workmen
Compensation;
Assistance in
determination of nature
of injury as per
provisions of the Act
like Temporary Partial
Disablement, Permanent
Partial
Disablement, Total Disablement;
Preparation & Submission
of notices of accidents
/ serious bodily
injuries with the
commissioner;
Assistance in medical
examination of workmen;
Assistance in
determination /
calculation of amount of
compensation payable to
workman;
Assistance in timely
payment / distribution
of compensation to
workmen;
Complying special
provisions of the Act as
applicable on master &
seamen, captains & other
members of crew of
aircrafts, workmen of
companies working abroad;
Preparation & Submission
of return of
compensation
Preparation &
Maintenance of notice -
book;
Making reference to
commissioner for
determination of nature
of disablement, amount
or duration of
compensation, whenever
required;
Preparation & filing of
applications with
commissioner as & when
required under the Act;
Drafting / Registration
of Agreements to be
entered with workman
fixing lump sum amount
payable as compensation;
Ensuring / Assistance in
complying various
provisions of the Act
related to disclosures,
notices, displays,
deductions, forfeiture
etc.;
Replying / Satisfying
Show Cause Notices
issued by Inspector /
Commissioner;
Representing
establishments before
Inspector /
Commissioner;
Assistance at the time
of inspection and search
of any premises by
Inspector;
Representing
establishments at the
Inquiries conducted by
the inspector. |
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Punjab
Shops And Commercial Establishments
Act, 1958 [Also applicable in
Chandigarh & Haryana]
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Purpose & Object
Shops and Establishment
Acts have been enacted
by the states to
regulate conditions of
work and to provide for
statutory obligations of
the employers and rights
of the employees in
un-organized sector of
employment such as
shops, commercial
establishments,
residential hotels,
restaurants, eating
houses, theatres and
other establishments in
their jurisdiction.
Applicability
It is applicable to all
persons employed in an
establishment with or
without wages, except
the members of the
employers' family.
Features
Provides for compulsory
registration of shops /
establishments
Provides for
communication of closure
of shops /
establishments
Lays down the hours of
work - per day & week;
guidelines for rest
interval, opening and
closing hours, closed
days, national and
religious holidays, overtime work
Lays down Rules for
employment of children,
young persons and women;
annual leaves, maternity
leaves, sickness and
casual leaves;
employment and
termination of service
etc.
Provides for maintenance
of statutory registers &
records and display of
notices
Provides for obligations
of employers as well as
employees.
Services I.S. Channa
& Associates Offer
We are Labour Law
Consultants, we provide
following services in
compliance to the
provisions of state
specific Shops &
Establishments Acts:
Providing day to day
consultancy on matters
pertaining to the Act;
Registration of Shops
and Establishments under
the Act;
Obtaining Duplicate
Registration Certificate
in case of loss or
mutilation of original
Registration
Certificate;
Intimating changes in
details of Shops and
Establishments /
Occupier to the
concerned authorities
under the Act;
Assistance to
establishments in
complying various
provisions of the Act
related to Working
Hours, Rest Hours,
Employment of Women,
Weekly Holiday, Payment of Wages, Deduction from Wages,
Leave, Employment
Letter, Opening and
Closing Hours of Shops &
Establishments etc.;
Assistance to
establishments in
complying various
provisions of the Act
related to Display,
Notices, Disclosures,
Preparation and
Maintenance of various
Records as prescribed
under the Act;
Preparation and
Maintenance of various
Registers like Register
of Fines, Register of
Deductions, Register of
Employment, Register of
Wages, records as prescribed under the Act;
Replying / Satisfying
Show Cause Notices
issued by Inspector;
Representing Shops /
Establishments before
Inspector;
Representing
establishments at the
enquiries conducted by
Inspector. |
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Punjab Labour Welfare
Fund Act, 1965 [Also
Applicable in Haryana]
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Labour Welfare
refers to all such
services, amenities and
facilities to the
employees that improve
their working conditions
as well as standard of
living. It's
interpretation varies
from state to state as
per their socio-economic
condition, degree of
industrialization and
level of maturity of
fundamental democratic
values.
With a view to extend
social assistance to
workers in certain
sectors, the Central
Government has set up
five different Labour
Welfare Funds under the
Ministry of Labour &
Employment to provide
Housing, Medical Care,
Educational and
Recreational facilities
to workers employed in
Beedi Industry, certain
Non-coal Mines and Cine
Industry.
Services I.S. Channa
& Associates Offer
We provide following
services in compliance
to various Central /
state specific
legislations dealing
with Labour Welfare
Funds:
Providing day to day
consultancy on matters
pertaining to Labour
Welfare Fund;
Preparation & Submission
of notice of opening of
establishment with
Welfare Commissioner;
Intimating from time to
time changes in details
of establishment to the
Welfare Commissioner;
Depositing Contribution
to Labour Welfare Funds
on behalf of
establishments;
Preparation & Submission
of statement of
Employer's Contribution
and Employees'
Contribution with
Welfare Commissioner;
Preparation &
Maintenance of various
Registers like Register
of Wages, Register of
Unclaimed Wages,
Register of Fines etc.;
Preparation & Submission
of periodical Returns
with Welfare
Commissioner;
Preparation & Submission
of extract of Registers
with Welfare
Commissioner;
Replying / Satisfying
Show Cause Notices
issued by Inspector /
Welfare Commissioner;
Representing
establishments before
Inspector;
Assistance to
establishments at the
time of inspection and
search of any premises
by the Inspector;
Representing
establishments at the
time of enquiries
conducted by the
Inspector. |
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Contract Labour
(Regulation & Abolition)
Act, 1970
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Purpose & Object
The Contract Labour
(Regulation & Abolition)
Act, 1970 has been
enacted to regulate the
employment of contract
labour and to bring them
at par with directly
employed labour with
regard to the working
conditions and other
benefits and also to
provide for abolition of
contract labour in
certain circumstances.
Applicability
Contract Labour
(Regulation & Abolition)
Act, 1970 extends to
whole of India.
Applicable to all
industrial and
commercial
establishments
Registration /
License
Registration:
Every establishment to
which this Act applies
shall get itself
register with the
registering authority.
License: Every
contractor /
sub-contractor to whom
this Act applies shall
obtain a license from
the licensing authority
and such contractor /
sub-contractor shall
undertake or execute
work through contract
labour in accordance
with terms of license
issued by the licensing
officer.
Obligation of Payment
Contractor /
Sub-contractor shall be
responsible for payment
of wages to each worker
employed by him as
contract labour;
Every such payment to
contract labour shall be
paid in the presence of
authorized
representative of
Principal Employer;
In case the Contractor /
Sub-contractor fails to
make payment of wages
within the prescribed
period or makes short
payment then, the
Principal Employer shall be liable to make payment of wages in full
or the unpaid balance
due, as the case may be,
to the contract
labour employed by the Contractor / Sub-contractor.
Services I.S. Channa
& Associates Offer
We provide following
services in compliance
to the provisions of
Contract Labour
(Regulation & Abolition)
Act, 1970:
Contract Labour
Compliances
Obtaining Registration
of Principal Employers
Establishment under the
Contract Labour Act;
Obtaining Labour License
for Contractors /
Sub-contractors from the
licensing authority;
Amendments in Principal
Employer's Registration
/ Labour License;
Renewal of Labour
License from time to
time from the licensing
authority;
Preparation & filing of
returns with registering
/ licensing authority;
Preparation &
Maintenance of various
Registers as provided
under the Contract
Labour Act like Register
of Contractors, Register
of
Workmen Employed by Contractor, Register of Wages, Register
of Overtime, Register of
Deductions, Register of
Advances, Register of
Fines etc.;
Assistance in
preparation &
maintenance of various
records like Wage Slip,
Muster Roll etc. as
provided under the
Contract Labour Act;
Assistance in ensuring
compliance of the
provisions of the
Contract Labour Act
related to disclosures,
notices, displays,
deductions
etc.;
Support in Contract
Labour Compliances
Providing day to day
consultancy on various
issues pertaining to
Contract Labour;
Representing company in
case of rejection /
refusal / suspension /
revocation of Principal
Employer's Registration
/ Labour License;
Obtaining duplicate copy
of Certificate of
Registration / Labour
License;
Assistance in issuance
of Employment Cards to
workmen;
Assistance in issuance
of Service Certificates
to workmen;
Providing assistance to
the Principal Employer /
Contractors in complying
the applicable
provisions of the
Contract Labour Act;
Assistance at the time
of inspection / search /
enquiries conducted
under the Contract
Labour Act;
Correspondence /
Liaisoning with Labour
Departments. |
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Please
contact us anytime! We look forward to
hearing from you.
Call us Now:
+91-161-4412755, +91-99142-41508
or Email Us:
info@esiepfconsultants.com |
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