Labour Legislations-II

Presented by, A.Senthilrajan B.E.M.B.A

Excel Business School,Komarapalyam

 LABOUR LAWS

Employees’ Provident Fund & Miscellaneous Provisions Act, 1952

ApplicabilityEligibilityBenefits

Penal ProvisionsBenefits at a Glance

Applicabilityi) Every establishment which is a factory

engaged in any industry specified in Schedule 1 and in which 20 or more persons are employed and

ii) Any other establishment employing 20 or more persons which Central Government may, by notification, specify in this behalf.

iii) Any establishment employing even less than 20 persons can be covered voluntarily

• EligibilityAny person who is employed for work of an establishment or employed through contractor in or in connection with the work of an establishment.

• BenefitsEmployees covered enjoy a benefit of Social Security in the form of an unattachable, unwithdrawable (except employees and employers contribute equally throughout the covered persons employment. This sum is payable normally on retirement or death. Other Benefits include Employes’ Pension Scheme and Employee’s Deposit Linked insurance Fund.

• Penal ProvisionsLiable to be arrested without warrant being a cognisable offense. Defaults by employer in paying contributions or inspection/administration charges attract imprisonment up to 3 years and fines up to Rs. 10,000 (S.14.)

Benefits at a glance1.  Advance for Purchase of Dwelling Site.2.   Advance for Purchase of Dwelling House/flat.3.   Advance for Construction of a House.4.   Advance for Repayment of housing loan to State Govt. housing

board or any other govt. recognised housing finance body.5.   Advance for iIIness viz. Hospitalisation for more than month, major

surgical operations or suffering from TB, leprosy, paralysis, cancer, heart ailment etc.

6.   Advance for Marriage of Self/Son/Daughter/Sister/Brother.7.   Advance for Post MatriculationEducation of Son/Daughter.8.   Advance for Damage to the property Due to Natural calamity

(Flood Riot/Earthquake).9.   Advance for Member affected by cut in the supply of electricity.10. Advance for Member who is physically handicapped.

 

• [ A member employee can also withdraw full amount standing to his credit.   in fund

a) on Resignation.b) On Retirement from the service on attaining the age of 58 yrs.c) on Retirement on account for permanent or total incapacity to work.d) immediately before Migration from India for permanent settlement abroad or for taking up     employment abroad.e) on Termination due to voluntary retirement Scheme, retrenchment, closure of the factory/establishment.

Workmen's Compensation Act, 1923

• Applicability• Eligibility• Benefits• Penal Provisions

• ApplicabilityEmployer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent or let on hire to another person, then means such other person. 

EligibilityAny workman who is injured by accident arising out of and in the course of his employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation. 

• Benefits: Amount of compensation shall be payable by the employeri)  Where death results from injury 40% of monthly wages x relevant factor or Rs. 20,000/- whichever is more.ii) Where permanent total disablement results from the injury 50% of monthly wages x relevant factor or Rs. 24,000/- whichever is more (relevant factor depends upon the age of a workman)iii)Where permanent, partial disablement or temporary disablement results from injury as per prescribed schedule.

Penal Provisions

• Any contract by a worker waiving his right to be compensated under this Act is null and void.

• Compensation should be paid early–delay beyond 1 month attract interest @ 6% p.a. and penalty of up to 50% of the compensation. Certain other offenses attract fine up to RS 5,000.