Model Training for HR

8/2/2019 Model Training for HR

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Training

Module

On

Labour Laws

Applicable to

ManufacturingIndustries



Various Acts1. The Factories Act

2. The Contract Labour (R&A) Act

3. The Payment of Wages Act4. The Minimum Wages Act

5. The Payment of Bonus Act

6. The Employment Exchanges Act

7. The Provident Fund Act

8. The Profession Tax Act

9. The Workmens Compensation Act

10. The Maternity Benefit Act

11. The Industrial Employment

(Standing Orders) Act

12. The Bombay Labour Welfare Fund

Act

13. The Payment of Gratuity Act

14. The Bombay Shops and

Establishment Act

15. The Industrial Disputes Act

16. The Water (Prevention & Control

of Pollution) Act

17. The Maharashtra Recognition of



Applicability of

ActsThe Factories Act

Applicability :

Any premises includingprecincts thereof where ten ormore workers are working orwere working on any day ofpreceding twelve months and in

any part of which amanufacturing process is beingcarried on with the aid ofpower,

where twenty or more workers

are working or were working onany day of preceding twelvemonths and in any part of whicha manufacturing process isbeing carried on without theaid of power.

Scope :



Applicability of

Acts

The Payment

of Wages Act

Applicability :

Every Factory

Scope :

An Act to regulate the

payment of wages to certainclasses of employed

persons.

Comments :

This Act covers

various rules regarding



The MinimumWages Act

Applicability :

Every Factory

Scope :

An Act to provide forfixing minimum rates of

wages in certainemployments.

Comments :

This Actcovers rules & regulations

Applicability of

Acts



Applicability of

ActsThe Contract Labour

(Regulation & Abolition)Act

Applicability :

Every establishment inwhich twenty or more workmen

are employed or wereemployed on any day of thepreceding twelve months ascontract labour throughcontractor for the work to be

carried out which is not

directly connected tomanufacturing activities,

to every contractor whoemploys or who employed on anyday of the preceding twelve

months twenty or more workmen.Sco e :



The Payment of

Bonus ActApplicability :

Every factory & everyother establishment in whichtwenty or more persons

are employed on any dayduring an accounting

year.

Scope :

An Act to provide for thepayment of bonus to personsemployed in certain

establishments on the basisof profits or on the basisof production or

productivity and for mattersconnected therewith.

Applicability of

Acts



Applicability of

Acts

The EmploymentExchanges

(CompulsoryNotification of

Vacancies) ActApplicability :

Every establishmentemploying twenty five or morepersons.

Scope :

An Act to provide forcompulsory notification of

vacancies to EmploymentExchanges.



The ProvidentFund Act

Applicability :

Every establishmentwhich is a factory specified

in Schedule I and wheretwenty or more persons areemployed.

Scope :

An Act to provide for theinstitution of ProvidentFunds for employees infactories and otherestablishments

Comments :

Applicability of

Acts



Applicability of

Acts

The ProfessionTax Act

Applicability :

Every Factory /Establishment

Comments :

Registration under the Actis mandatory for all.Principle employer isresponsible for deductions andremittance of Profession Tax

under this Act even forcontract employees also.



The WorkmensCompensation Act

Applicability :

Every Factory

Scope :

An Act to provide for thepayment by certain classes ofemployers to their workmen ofcompensation for injury byaccident.

Comments :

The Act speaks about thecompensation payable in case

Applicability of

Acts



Applicability of

Acts

The MaternityBenefit Act

Applicability :

Every shop &

establishment in which tenor more persons areemployed on any day of

the preceding twelve monthsor where Employees StateInsurance Act is applicable

for the time being.Scope :

An Act to regulateemployment of women incertain establishments for

certain period before andafter child-birth and to



The Industrial

Employment (StandingOrders) Act

Applicability :

Every industrialestablishment wherein fifty ormore workmen are employed onany day of preceding twelvemonths.

Scope :

An Act to provide fordefining with sufficientprecision certain

conditions of employment

in industrial establishments.

Applicability of

Acts



Applicability of

ActsThe Bombay Labour

Welfare Fund ActApplicability :

Applies to every factorywithin the meaning of

Factories Act, 1948, everyestablishment within themeaning of Shop &

Establishment Act, 1948,branches / Depts. situatedin the same premises or

different places thereof.

Scope :

An Act to provideConstitution of a fund for the

financing of activities topromote welfare of labour in

A li bili f



The Payment ofGratuity Act

Applicability :

Every factory,

every shop & establishmentin which ten or more persons

are employed, or wereemployed on any day of thepreceding twelve months.

Scope :

An Act to provide for ascheme for the payment ofgratuity to employees engagedin factories, mines, oilfields,plantations, ports, railwaycompanies, shops and otherestablishments and for matters

connected therewith or

Applicability of

Acts



Applicability of

ActsThe Bombay Shops

and EstablishmentAct

Applicability :

Every Shop andEstablishment which is not aFactory under The

Factories Act.

Scope :

An Act to consolidate andamend the law relating to the

regulation of conditionsof work and employment inshops, commercialestablishments, residential

hotels, restaurants, eatinghouses, theatres and other



Applicability of

Acts

The IndustrialDisputes 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

ActsThe Water (Prevention

& Control ofPollution) 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 forcertain benefits to

employees in case of

sickness, maternity and

employment injury and to

make provision for certain

other matters in relation

t



To be maintainedalways

14Register ofCompensatory

Every Six Months

Once in Twelve

months

Once in four

years

13Examination of

pressure plant by

competent person

Externally

Internally

Certificate to

be obtainedannually

12Report of

examination oflifting machinery /

ropes / tackles by

competent person

To be maintained

always

10Register of workers

attending to

machinery

To be maintained

always

8Record of white

washing, varnishing,

painting, etc. &

repainting, re-

varnishing

As and when

Factory Manager

changes

5Notice of Change of

Manager

Starting and

renewal on or

before 31 st Oct., every year

3Grant and renewal of

License

After

commencement of

Factory

2Application for

Registration

Once every 5

years

1-

A

Certificate of

Stability

Before

situationg a

factory or

construction or

extension of it

IApproval of Plans

When to complyFo

rm

No

.

Returns / Registers

e actor esAct

t



To display and

to submit toFactory

Notification of Paid

Holidays

To be maintained

always

31Inspection Book

To be maintained

always

30Register of

accidents &

dangerous

occurrences

To be maintainedif Form 17 & 19

are not

maintained

29Muster Roll

To be submitted

to Factory

Inspectionoffice on or

before 1 st Feb.

every year

27Annual Return

To be displayed

always

26Abstract under the

Act

Within 12 hours

of taking place

of such accident

24

A

Notice of Dangerous

Occurrence

To be submitted

to Factory

Inspection

office as and

when accident

takes place

24Report of accident

by the Manager

To be maintained

always

21Leave Book

To be maintained

always

20Leave with wages

register

To be maintained

always

17Register of adult

workers

To display and

maintain

16Notice of period of

work for adults

When to complyFo

rm

No

.

Returns / Registers

e actor esAct ( contd.. )



(Regulation &

Abolition) Act

By 15 th February

every year

XX

I

Annual Return

To be maintainedby the

contractor

XIII

Register of Wages

To be maintained

by the

contractor

XI

I

Muster Roll

To be maintained

by the

contractor

IXRegister of persons

employed

To be maintained

by Principle

Employer

VI

I

Register of

contractor

To be made bycontractor every

year before 31 st

October

VIRenewal of License

Required for

submission of

application for

license

VCertificate from

Principle Employer

To be made by

contractor

IVApplication for

license

To preserveIICertificate of

Registration

Every year

before 31 st

December

IApplication for

registration of

establishments

When to complyFo

rm

No

.

Returns / Registers

Th P t f



The Payment of

Wages Act

All registers and records to be preservedfor a period of THREE years.

To maintain

always

Inspection Book

To display

always

Display of rates of

Wages

To submit before

15 th February

every year

VAnnual Return

To maintainalways

IVRegister of advances

To display

always

Notice of dates of

payment

To maintain

always

II

I

Register of

deductions for

damage or loss

To maintain

always

IIRegister of Wages

To displayalways

Abstract under theAct

When to complyFo

rm

No.

Returns / Registers

Th Mi i



The Minimum

Wages Act

All registers and records to be preserved

for a period of THREE years.

To maintain

always

Attendance cum Wage

slip or Wage Card

To submit every

year before 15 th

February

3Annual Return

To display

always

IAbstractTo maintainalwaysInspection Book

To maintainalways

IIMuster Roll cum Wageregister

(Unless registers in

Form 17 & 19 appended

to Maharashtra

Factories Rules, 1963

& a register in FormII appended to the

Maharashtra Payment of

wages Rules, 1963 are

maintained.)

When to complyFo

rm

No.

Returns / Registers

Th P t f



The Payment of

Bonus Act

To maintainUnclaimed Bonus

register

To maintainInspection Book

To submit every

year before 30

days from thedate of payment

of bonus

DAnnual Return

To maintainCPayment of Bonus

register

To maintainBSet on and Set Off

Register

To maintainAAllocable Surplusregister

When to complyFo

rm

No.

Returns / Registers

E h



Exchanges

(Compulsory

Notification of

Vacancies)Act

Once in a two

years on a date

to be specified

in the official

Gazette

ER

-

II

Biannual Return

(Occupational

Return)

Within 30 days

from the

completion of

quarter.

ER

-I

Quarterly Return

15 days before

interview /

test60 days before

interview /

test

Notification of

Vacancies

Local

Employment ExchangeCentral

Employment Exchange

When to complyFo

rm

No

.

Returns / Registers

Th Pr id nt



The Provident

Fund Act

To maintainalways

Inspection Book

To submit before

15 th of every

month

Challan (No.s 1, 2,

10, 21, 22)

On leaving of

service of a

member

19Application of

withdrawal of EPF

As and when

employee joins

other company

13Transfer of EPF

account

To submit before25 th of every

month

12-A

Statement ofcontribution for the

month

To submit before

15th

of everymonth

10Return of members

leaving service

As and when

there is change

in the

nomination of

the employee

8Cancellation /

Change of Nomination

Yearly

submission

before 30 th

April

6-

A

Consolidated annual

contribution

statement

Once5-

A

Return of Ownership

to be sent to the

Regional State

Commissioner

To submit before

15 th of every

month

5Return of employee

qualifying to become

member of the fund

for the first time

Yearly

submission

before 30 th

April

3-

A

Contribution Card

On becoming themember of EPF

scheme

2Declaration andNomination

When to complyFo

rm

No.

Returns / Registers



Compensation

Act

At the time of

occurrence of

fatal accident

EERepot of fatal

accidents

To be made by

dependents

GApplication by

dependants for

deposit of

compensation

At the time ofdepositing the

compensation in

respect to death

AStatement ofdepositing

compensation

When to complyFo

rm

No.

Returns / Registers

The Maternity



The Maternity

Benefit Act

To submit before

15 th January

every year

11Annual Return

To displayalways

Abstract

When to complyFo

rm

No.

Returns / Registers

e n ustr a



e n ustr aEmployment (Standing

Orders) Act

As and when

required

IV

-A

Notice of

discontinuance /

restart of a shift

As and when

required

ASubmission of draft

amendments

To maintainalways

ERegister of StandingOrders or Model

Standing Orders

When to complyFo

rm

No.

Returns / Registers



Labour Welfare

Fund Act

To display

always

Abstract under the

Act

Half yearly by

15 th July and

15 th January

A-

1

Statement of

Employee’s and

Employer’s

contribution

To maintain

always

CConsolidated

register of

unclaimed Wages &

Fines

To maintainalways

BRegister of Wages

(Unless registers in

Form 17 & 19 appended

to Maharashtra

Factories Rules, 1963

& a register in Form

II appended to theMaharashtra Payment of

wages Rules, 1963 are

maintained.)

When to complyFo

rm

No.

Returns / Registers

The Payment of



The Payment of

Gratuity Act

To obtain an

insurance for

the liability

for payment

Compulsory Insurance

To display

always

Abstract under the

Act

Within 15 days

of the receipt

of the

application

LNotice of payment of

gratuity

Within 30 days

of completion of

1 year ofservice

FNominations

As and when

required

DNotification of

family in relation

to an employee

To displayalways

Display of Noticespecifying the name

and designation of

authorised officer

to receive the

notices

Atleast 60 days

before the

intended closure

CNotice of closure

Within 30 days

of any such

change

BNotice of change in

Name, Address,

Employer, Nature of

Business

Within 30 daysof rules

becoming

applicable

ANotice of opening ofthe Establishment

When to complyFo

rm

No.

Returns / Registers



& Establishments

Act

To displayList of Weekly offs

and Paid Holidays

To maintain

always

Inspector’s Visit

Book

To get from

registered

medical

practitioner

OAscertainment of age

of employee

To display

always

Name of board in

Marathi

To maintain

always

M,

N

Register of leave

To maintain

always

H/

J

Register of

employment

To maintain

always

FRegister of

recording lime

washing, color

washing

Within 30 days

after the change

has taken place.

ENotice of change in

respect of any other

change

Within 15 days

after the expiry

of the quarter

ENotice of change in

respect of change on

no. of employees

To display

always

DRegistration

Certificate

15 days before

the expiry of

registration

BApplication for

renewal of

registration

Within 30 daysfrom the date of

commencement

AApplication forregistration

When to complyFo

rm

No.

Returns / Registers



The Industrial

Disputes Act

Before intending

to effect any

change in the

conditions of

service

applicable to

any workman.

XI

II

Notice of change in

the conditions of

service

When to complyFo

rm

No

.

Returns / Registers

This act covers the

provisions related toChange in the service

condition of any workman,

Strike, Lock-out, Lay-

off, Retrenchment

T e ater



T e ater(Prevention &

Control of

Pollution) Act

On or before 5 th

of every month

1Return under Cess

Rules showing the

quantity of water

consumed in the

previous month

Before ending

the period of

the existing

consent

Renewal of consent

to establish /

operate

Before

establishing or

taking any steps

for

establishment of

industry /

operation /process / or any

treatment /

disposal system

for discharge,

continuation of

discharge.

XI

II

Application for

consent to establish

When to complyFo

rmNo

.

Returns / Registers

The Employees’ State



The Employees State

Insurance Act

To maintainInspection Book

Immediately, if

accident is serious

or within 24 hours

16Accident Report

To maintain15Accident Book

To maintain7Register ofemployees

Monthly to submit in

Bank

Challans of

contributions

Within 42 days of

the termination of

the contribution

period to which it

relates

6Return of

contributions to

be send in

triplicate

To be filled in by

employee and

employer to forward

it within 10 days

1BChange in family

declaration

Within 10 days from

the date of fillingup of form

1ARegistration of

families

Within 10 days from

the date of filling

up of form

3Declaration form

to be sent to

appropriate

office

To get filled up

from all employees

on the date of

joining

1Declaration form

Before 15 days ofapplicability of the

Act

01Registration offactories /

establishments

When to complyFo

rm

No

.

Returns /

Registers

List of acts and



List of acts and

commissions which

amounts to

misconduct(a) Willful insubordination ordisobedience, whether or not in

combination with another, of any

lawful and reasonable order of a

superior.

(b) Going on illegal strike or

abetting, inciting, instigatingor acting in furtherance

thereof;

(c) Willful slowing down in

performance of work, or abetment

or instigation thereof;

(d) 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;

(e) Taking or giving bribes or any

List of acts and



List of acts and

commissions which

amounts to

misconduct(j) Engaging in trade within thepremises of the establishment;

(k) drunkenness, riotous,

disorderly or indecent behaviour

on the premises of the

establishment;

(l) Commission of any actsubversive of discipline or good

behaviour on the premises of the

establishment;

(m) Habitual neglect of work, or

gross or habitual negligence;

(n) 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;

(o) Habitual commission of any act

List of acts and



List of acts and

commissions which

amounts to

misconduct(s) Disclosing to any unauthorisedperson 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

Click Here

http://f5check.rediff.com/bn/download.cgi/stat_comp.doc



Labour Laws

Authorities under various

Labour Laws

1.The Factories Act.

Joint Director Industrial Safety &

Health

2.The Minimum Wages Act. Joint Commissioner of Labour.

3.The Payment of Wages Act.

Joint Commissioner of Labour.

4.The payment of Bonus Act.Joint Commissioner of Labour.

5.The Contract labour Act.

Joint Commissioner of labour.

6.The 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

http://f5check.rediff.com/bn/download.cgi/draft%20of%20Notice%20for%20Illegal%20Strike.pdf

http://f5check.rediff.com/bn/download.cgi/draft%20of%20charge%20sheet.pdf

http://f5check.rediff.com/bn/download.cgi/DRAFT%20OF%20WARNING%20LETTER.pdf

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Model Training for HR