Training Module On Labour Laws

Applicable to Manufacturing Industries

Various Acts
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. The Factories Act The Contract Labour (R&A) Act The Payment of Wages Act The Minimum Wages Act The Payment of Bonus Act The Employment Exchanges Act The Provident Fund Act The Profession Tax Act The Workmens Compensation Act The Maternity Benefit Act The Industrial Employment (Standing Orders) Act The Bombay Labour Welfare Fund Act The Payment of Gratuity Act The Bombay Shops and Establishment Act The Industrial Disputes Act The Water (Prevention & Control of Pollution) Act The Maharashtra Recognition of

Applicability of Acts
The Factories Act
Applicability : Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power, where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power. Scope :

Applicability of Acts
The Payment of Wages Act
Applicability : Every Factory Scope : An Act to regulate the payment of wages to certain classes of employed persons. Comments : This Act covers various rules regarding

Applicability of Acts
The Minimum Wages Act
Applicability : Every Factory Scope : An Act to provide for fixing minimum rates of wages in certain employments. Comments : This Act covers rules & regulations

The Contract Labour (Regulation & Abolition) Act

Applicability : Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities, to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen. Scope :

Applicability of Acts

as

Applicability of Acts
The Payment of Bonus Act
Applicability : Every factory & every other establishment in which twenty or more persons are employed on any day during an accounting year. Scope : An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith.

Applicability of Acts
The Employment Exchanges (Compulsory Notification of Vacancies) Act
Applicability : Every establishment employing twenty five or more persons. Scope : An Act to provide for compulsory notification of vacancies to Employment Exchanges.

Applicability of Acts
The Provident Fund Act
Applicability : Every establishment which is a factory specified in Schedule I twenty or more persons are employed. Scope : An Act to provide for the institution of Provident Funds for employees in factories and other establishments Comments :

and where

Applicability of Acts
The Profession Tax Act
Applicability : Every Factory / Establishment Comments : Registration under the Act is mandatory for all. Principle employer responsible for deductions and remittance of Profession Tax under this Act even for contract employees also.

is

Applicability of Acts
The Workmens Compensation Act
Applicability : Every Factory Scope : An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. Comments : The Act speaks about the compensation payable in case

Applicability of Acts
The Maternity Benefit Act
Applicability : Every shop & establishment in which ten or more persons are employed on any day of the preceding twelve months or where Employees State Insurance Act is applicable for the time being. Scope : An Act to regulate employment of women in certain establishments for certain period before and

Applicability of Acts
The Industrial Employment (Standing Orders) Act
Applicability : Every industrial establishment wherein fifty or more workmen are any day of preceding twelve months. Scope : An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments.

employed on

Applicability of Acts
The Bombay Labour Welfare Fund Act
Applicability : Applies to every factory within the meaning of Factories Act, 1948, every establishment within the meaning of Shop & Establishment Act, 1948, branches / Depts. situated in the same premises or different places thereof. Scope : An Act to provide Constitution of a fund for the financing of activities to promote welfare of labour in

Applicability of Acts
The Payment of Gratuity Act
Applicability : Every factory, every shop & establishment in which ten or more persons are employed, or were employed on any day of the preceding twelve Scope : An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops and other establishments and for matters connected therewith or

months.

Applicability of Acts
The Bombay Shops and Establishment Act
Applicability : Every Shop and Establishment which is not a Factory under The Factories Act. Scope : An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres and other

Applicability of Acts
The Industrial Disputes Act
Applicability : Every factory Scope : An Act to make provisions for the investigation and settlement of industrial disputes and for certain other purpose Comments : The act describes the

Applicability of Acts
The Water (Prevention & Control of Pollution) Act
Applicability : Every factory Scope : An Act to provide for prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out of the purposes aforesaid, of Boards for the prevention

Applicability of Acts
The Employees State Insurance Act
Applicability : Every factory & establishment (for employees drawing wages less than Rs. 7,500/-) Scope : 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

The Factories Act Returns / Registers

Approval of Plans Certificate of Stability Application for Registration Grant and renewal of License Notice of Change of Manager Record of white washing, varnishing, painting, etc. & Register of workers repainting, reattending to varnishing Report of machinery examination of lifting machinery / Examination of ropes / tackles by pressure plant by competent person competent person Externally Register of Compensatory Internally

Fo rm No I . 1A 2 3 5 8 10 12 13

When to comply Before situationg a factory or Once every 5 construction or years extension of it After commencement of Starting and Factory renewal on or before 31 As and when Oct., every year Factory Manager To be maintained changes always To be maintained always Certificate to be obtained annually Every Six Months Once in Twelve months Once in four To be maintained years always

st

14

The Factories Act Registers ( contd.. ) Returns /

Notice of period of work for adults Register of adult workers Leave with wages register Leave Book Report of accident by the Manager Notice of Dangerous Occurrence Abstract under the Act Annual Return Muster Roll Register of accidents & Inspection Book dangerous Notification of Paid occurrences Holidays

Fo rm No 16 . 17 20 21 24 24 A 26 27 29 30 31

When to comply To display and maintain To be maintained always To be maintained always To be maintained alwayssubmitted To be to Factory Inspectionhours Within 12 office as and of taking place when accident of such accident To be displayed takes place always To be submitted to Factory Inspection To be maintained office on or if Form 17 & 19 st before 1 arebe maintained To not every year maintained always To be maintained always To display and to submit to Factory

Feb.

The Contract Labour (Regulation & Abolition) Act Returns / Registers

Application for registration of Certificate of establishments Registration Application for license Certificate from Principle Employer Renewal of License Register of contractor Register of persons employed Muster Roll Register of Wages Annual Return

Fo rm No I . II IV V VI VI I IX XI I XI II XX I

When to comply Every year st before 31 To preserve December To be made by contractor Required for submission of application for To be made by license contractor every year before 31 To be maintained October by Principle To be maintained Employer by the To be maintained contractor by the To be maintained contractor by the th By 15 February contractor every year

st

The Payment of Wages Act

Returns / Registers Abstract under the Act Register of Wages Register of deductions for Notice of dates of damage or loss payment Register of advances Annual Return Display of rates of Wages Inspection Book All registers and records to be preserved for a period of THREE years. Fo rm No . II II I When to comply To display always To maintain always To maintain always To display always To maintain always To submit before 15 th February every year To display always To maintain always

IV V

The Minimum Wages Act

Returns / Registers Muster Roll cum Wage register
(Unless registers in Form 17 & 19 appended to Maharashtra Factories Rules, 1963 Inspection Book & a register in Form II appended to the Abstract Maharashtra Payment of AnnualRules, 1963 are wages Return maintained.)

Fo rm No II .

When to comply To maintain always

I 3

Attendance cum Wage slip or Wage Card All registers and records to be preserved for a period of THREE years.

To maintain always To display always To submit every year before 15 February To maintain always

th

The Payment of Bonus Act

Returns / Registers
Allocable Surplus register

Set on and Set Off Register Payment of Bonus register Annual Return Inspection Book Unclaimed Bonus register

Fo rm No A . B C D

When to comply To maintain To maintain To maintain To submit every year before 30 days from the To maintain date of payment of maintain To bonus

Exchanges (Compulsory Notification of Vacancies)Act Returns / Registers

Notification of Vacancies Local Employment Exchange Quarterly Central Return Employment Exchange

Fo rm No .

When to comply

ER -I ER II

Biannual Return (Occupational Return)

15 days before interview / test Within 30 days 60 days before from the interview / completiontwo Once in a of test quarter. a date years on to be specified in the official Gazette

The Provident Fund Act

Returns / Registers
Declaration and Nomination

Fo rm No 2 . 3A 5 5A 6A 8 10 12 -A 13 19

When to comply On becoming the member of EPF scheme Yearly submission To submit before th before 30 15 th of every April month Once Yearly submission As and when th before 30 there is change April in the To submit before nomination of 15 th of every To submit before the employee month 25 th of every As and when month employee joins other company On leaving of service of a To submit before member 15 th of every To maintain month always

Contribution Card Return of employee qualifying to become member of the fund Return of Ownership forbe sent to time to the first the Regional State Consolidated annual Commissioner contribution Cancellation / statement Change of Nomination Return of members leaving service Statement of contribution for the Transfer of EPF month account Application of withdrawal of EPF Challan (No.s 1, 2, 10, 21, 22) Inspection Book

The Workmens Compensation Returns / Registers Act

Statement of depositing compensation

Fo rm No A . G EE

When to comply At the time of depositing the compensation in To be made by respect to death dependents At the time of occurrence of fatal accident

Application by dependants for deposit of Repot of fatal compensation accidents

The Maternity Benefit Act

Returns / Registers
Abstract

Annual Return

Fo rm No . 11

When to comply To display always To submit before 15 th January every year

The Industrial Employment (Standing Orders) Act Returns / Registers

Register of Standing Orders or Model Submission of draft Standing Orders

Fo rm No E . A IV -A

When to comply To maintain always As and when required As and when required

amendments Notice of discontinuance / restart of a shift

The Bombay Labour Welfare Returns / Registers Fund Act

Register of Wages
(Unless registers in Form 17 & 19 appended to Maharashtra Factories Rules, 1963 & a register in Form Consolidated II appended to the register of Payment of Maharashtra Statement of unclaimed Wages &are wages Rules, and Employees 1963 Fines maintained.) Employers

Fo rm No B .

When to comply To maintain always

C A1

Abstract under the contribution Act

To maintain always Half yearly by 15 th July and th 15 display January To always

The Payment of Gratuity Act

Returns / Registers
Notice of opening of the Establishment

Fo rm No A . B C

When to comply Within 30 days of rules becoming days Within 30 applicable of any such change 60 days Atleast before the intended closure To display always

Notice of change in Name, Address, Employer, Nature of Notice of closure Business Display of Notice specifying the name and designation of authorised officer Notification of to receiverelation family in the Nominations notices to an employee Notice of payment of gratuity Abstract under the Act Compulsory Insurance

D F L

As and when required Within 30 days of completion of 1 year of days Within 15 servicereceipt of the of the To display application always To obtain an insurance for the liability for payment

The Bombay Shops & Establishments Returns / Registers Act

Application for registration

Fo rm No A . B D E E F H/ J M, N O

When to comply Within 30 days from the date of commencement 15 days before the expiry of To display registration always Within 15 days after the expiry of the quarter Within 30 days after the change hasmaintain To taken place. always To maintain always To maintain always To display always To get from registered medical To maintain practitioner always To display

Application for renewal of Registration registration Certificate Notice of change in respect of change on no. of employees in Notice of change respect of any other change Register of recording lime Register of washing, color employment Register of leave washing Name of board in Marathi Ascertainment of age of employee Inspectors Visit Book List of Weekly offs and Paid Holidays

This act covers the provisions related to Change in the service condition of any workman, Strike, Lock-out, LayReturns / Registers off, Retrenchment
Notice of change in the conditions of service

The Industrial Disputes Act

Fo rm No XI . II

When to comply Before intending to effect any change in the conditions of service applicable to any workman.

The Water (Prevention & Control of Returns / Registers Pollution) Act

Application for consent to establish

Fo rm No XI . II

When to comply Before establishing or taking any steps for establishment of industry / Before ending operation /of the period process / or any theor before 5 On existing treatment / consent month of every system disposal for discharge, continuation of discharge.

Renewal of consent to establish / operateunder Cess Return Rules showing the quantity of water consumed in the previous month

th

The Employees State Insurance Act

Returns / Registers
Registration of factories / Declaration form establishments

Fo rm No 01 . 1 3 1A 1B 6

When to comply Before 15 days of applicability of the To get filled up Act from all employees on the date of from Within 10 days joining of filling the date up of formdays from Within 10 the date of filling To be filled in by up of form employee and employer to forward Within 42 days of it within 10 days the termination of the contribution in Monthly to submit period to which it Bank To maintain relates To maintain Immediately, if accident is serious or within 24 hours To maintain

Declaration form to be sent to appropriate of Registration office families Change in family declaration Return of contributions to be send in Challans of triplicate contributions Register of employees Accident Book Accident Report Inspection Book

7 15 16

List of acts and commissions which amounts to misconduct (a) Willful insubordination or
disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior. Going on illegal strike or abetting, inciting, instigating or acting in furtherance thereof; Willful slowing down in performance of work, or abetment or instigation thereof; Theft, fraud or dishonesty in connection with the employers business or property or the theft or property of another workman within the premises of the establishment; Taking or giving bribes or any

(b)

(c)

(d)

(e)

List of acts and commissions which amounts to (j) Engaging inmisconduct trade within the
(k) premises of the establishment; drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment; Commission of any act subversive of discipline or good behaviour on the premises of the establishment; Habitual neglect of work, or gross or habitual negligence; Habitual breach of ant rules or instruction for the maintenance and running of any department, or the maintenance of the cleanliness of any portion of the establishment; Habitual commission of any act

(l)

(m) (n)

(o)

List of acts and commissions which amounts to (s) Disclosing misconduct to any unauthorised
person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work; (t) Gambling within the premises of the establishment; (u) Smoking or spitting on the premises of the establishment where it is prohibited by the employer; (v) Failure to observe safety instructions notified b the employer or interference with any safety device or equipment installed within the establishment;

Check list for Compliances Under The Labour Laws

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Labour Laws
Authorities under various Labour Laws

1.The Factories Act. Joint Director Industrial Safety & Health 2.The Joint 3.The Joint 4.The Joint 5.The Joint 6.The Minimum Wages Act. Commissioner of Labour. Payment of Wages Act. Commissioner of Labour. payment of Bonus Act. Commissioner of Labour. Contract labour Act. Commissioner of labour. Pollution Control Act.

The Sub Regional Officer, MPCB. 7.The E.S.I.Act.

 Warning Letter for absenteeism Charge Sheet cum Notice of Enquiry for absenteeism Notice for Illegal Strike