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Module-4 Law Relating to Service conditions
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Law Relating to Service conditions
• Factories Act 1948
• Karnataka Shops and Commercial Establishment Act 1961
• Contract Labour (Regulation & Abolition) Act 1970• Apprentice Act 1961.
Section 2(m) in The Factories Act, 1948“Factory” means any premises including the precincts thereof—
(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
(
Definition of Factory
(ii) Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of [the Mines Act, 1952 (35 of 1952)], or [a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place].
Contd.
[Explanation I.—For computing the number of workers for the purposes of this clause all the workers in a day shall be taken into account;]
[Explanation II.—For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;]
Contd.
Factories Act 1948
• The Factories Act provides for the health, safety, welfare, service conditions and other aspects of workers in factories. It applies to all factories employing more than 10 people and working with the aid of power or employing 20 people and working without the aid of power. It covers all workers employed in the factory premises or precincts directly or through an agency including a contractor, involved in any manufacture.
• Some provisions of the Act will vary according to the nature of work of the establishment.
Objective of the Act
• To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
• To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.
Applicability of the Act
• Applicable to the whole of India including Jammu & Kashmir.
• Covers all manufacturing processes and establishments falling within the definition of ‘factory’.
• Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.
Scheme of the Act
The Act consists of 120 Sections and 3 Schedules.
• Schedule 1 contains list of industries involving hazardous processes
• Schedule 2 is about permissible level of certain chemical substances in work environment.
• Schedule 3 consists of list of notifiable diseases.
• Facilities and Conveniences
• Welfare• Facilities in case of large factories• Safety• Working Hours
• Overtime Wages
• Employment of Women
• Night Shift for women
Important provisions the Act
• Record of Workmen• Leave• Wages for overtime and Leave Salary
• Child Employment
• Display on Notice Board
• Notice of Accidents, Diseases Etc• Obligation regarding Hazardous Processes /
Substances
Contd.
Facilities and Conveniences
• The factory should be kept clean. [Section 11]. • There should be arrangement to dispose of wastes and effluents.
[Section 12]. • Ventilation should be adequate. Reasonable temperature for comfort of
employees should be maintained. [Section 13]. • Dust and fumes should be controlled below permissible limits. [Section
14]. • Artificial humidification should be at prescribed standard level. [Section
15]. • Overcrowding should be avoided. [Section 16]. (9.9 cubic metres for 1,
14.2 for 2))
• Adequate lighting, drinking water, latrines, urinals should be provided. [Sections 17 to 19].(cooling water for 250 or more workers)(clean 1’s a week, 90 cm height)
• Adequate spittoons should be provided. [Section 20].
Welfare
• Adequate facilities for washing, sitting, storing clothes when not worn during working hours. [Section 42].
• If a worker has to work in standing position, sitting arrangement to take short rests should be provided. [Section 44].
• Adequate First aid boxes should be provided and maintained [Section 45].(1 for 150 workers, ambulance for 500 or more workers)
Facilities in case of large factories
Following facilities are required to be provided by large factories:
• Canteen if 250 or more workers are employed. It should be sufficiently lighted and ventilated and suitably located. [Section 46].
• Rest rooms / shelters with drinking water when 150 or more workmen are employed [Section 47];
• Crèches if 30 or more women workers are employed. [Section 48]; • Full time Welfare Officer if factory employs 500 or more workers
[Section 49];
• Safety Officer should be appointed if number of workers in factory are 1,000 or more.[Section 40B].
Safety
• All machinery should be properly fenced to protect workers when machinery is in motion.[Section 21].
• Work on or near Machinery in motion. [Section 22]
• Employment of young person on dangerous machines (sufficient training in work at the machine, and under adequate supervision [Section 23]
• Striking gear or devices for cutting of power .[Section 24]
• Prohibition of women and children near cotton openers.[Section 27]
Safety
• Hoists and lifts should be in good condition and tested periodically. [Section 28 and 29].
• Pressure plants should be checked as per rules. [Section 31]. • Floor, stairs and means of access should be of sound construction and
free form obstructions. [Section 32].
• Safety appliances for eyes, dangerous dusts, gas, and fumes should be provided. [Sections 35 and 36].
• Worker is also under obligation to use the safety appliances. He should not misuse any appliance, convenience or other things provided. [Section 111].
• In case of hazardous substances, additional safety measures have been prescribed. [Sections 41A to 41H].
• Adequate fire fighting equipment should be available.[Section 38].
Working Hours
• A worker cannot be employed for more than 48 hours in a week. [Section 51].
• Weekly holiday is compulsory. If he is asked to work on weekly holiday, he should have full holiday on one of three days immediately or after the normal day of holiday. [Section 52(1)].
• He cannot be employed for more than 9 hours in a day. [Section 54].
Working Hours
• At least half an hour rest should be provided after 5 hours. [Section 55].
• Total period of work inclusive of rest interval cannot be more than 10.5 hours. [Section 56].
• A worker should be given a weekly holiday. Overlapping of shifts is not permitted. Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. [Section 58].
• Notice of period of work should be displayed. [Section 61].
Overtime Wages
• If a worker works beyond 9 hours a day or 48 hours a week, overtime wages are double the rate of wages are payable. [Section 59(1)].
• However, overtime wages are not payabl e when t he worker i s on t our . Total working hours including overt i me s houl d not exceed 60 i n a week . Regi s t er of overt i me should be maintained. An employee working out s i de t he f act ory premi s es like field workers etc. on tour outside headquarters are not entitled to overtime.
• A workman cannot work in two factories. There is restriction on double employment. [Section 60].
Employment of Women
• A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm.
• State Government can grant exemption (not more than 3
years) to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM.
• Shift change can be only after weekly or other holiday and not in between. [Section 66].
Night Shift for women
• Factories Act has been proposed to be amended to allow night shift for women workers. The Government has decided to amend Section 66 of the Factories Act, 1948 to allow employment of women workers between 7.00 pm and 6.00 am.
• The demand of women’s organisations and in tune with the present economic globalization, the Government has decided to bring in then required changes in the Act. This flexibility would be available to all manufacturing units including the apparel sector. This decision has been taken after meetings with the representatives of the employers and the trade unions.
• The proposed Bill will empower the State Governments for allowing the necessary flexibility in employment of women during night shift in factories.
Contd.
• The proposed amendment would also provide that the employer has to ensure occupational safety and adequate protection to the women workers.
• However, the State Government or any person authorised by it would be allowing employment of women during night only after consulting the workers or their representative organisations and concerned employers or their representatives.
• The State Governments are also empowered to frame their own rules for allowing such permissions.
Record of Workmen [Section 62].
• The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing—
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is allotted;
(e) such other particulars as may be prescribed: Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as, the register of adult workers in that factory.
Leave [Section 79]
• A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days or more in the previous calendar year.
• Child worker is entitled to one day per every 15 days.
• While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered, but leave shall not be earned on those days.
• If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death
Contd.
• If a worker does not in any one calendar year take the whole of the leave allowed to him ,as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child
• A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947): Provided further that the number of times in which leave may be taken during any year shall not exceed three.
If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified
Wages for overtime and Leave Salary
• Wages for leave encashment and overtime will include dearness allowance and cash equivalent of any benefit. However, it will not include bonus or overtime.
Child Employment
• Child below age of 14 should not be employed. [Section 67].
• He should be certified fit by a certifying surgeon. [Section 68].
• Child above 14 but below 15 years of age can be employed only for 4.5 hours per day or during the night ie. cannot be employed during night between 10 pm to 6 am. [Section 71].
• A person over 15 but below 18 years of age is termed as ‘adolescent’. He can be employed as an adult if he has a certificate of fitness for a full day's work from certifying surgeon. An adolescent is not permitted to work between 7 pm and 6 am. [Section70].
Contd.
Register of child workers.(Section 73)
(1) The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing:—
(a) the name of each child worker in the factory,
(b) the nature of his work,
(c) the group, if any, in which he is included,
(d) where his group works on shifts, the relay to which he is allotted, and
(e) the number of his certificate of fitness granted under section 69.
[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.]
Display on Notice Board
• A notice containing abstract of the Factories Act and the rules made there under, in English and local language should be displayed.
• Name and address of Factories Inspector and the certifying surgeon should also be displayed on notice board. [Section 108(1)].
Notice of Accidents, Diseases Etc
Notice of certain accidents [Section 88].
1[ (1) ] Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
2[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period.
Notice of certain dangerous occurrences.—Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed [Sections 88A ].
Contd.
Notice of certain diseases. [Sections 89].
(1)Where any worker in a factory contracts any disease specified in 1[the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
(2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in 1[the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating—
(a) the name and full postal address of the patient,
(b) the disease from which he believes the patient to be suffering,
(c) the name and address of the factory in which the patient is, or was last, employed.
Contd.
(3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of certifying surgeon or otherwise, that the person is suffering from a disease specified in 1[the Third Schedule], he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease.
(4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to 2[one thousand rupees]. 3[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.]
Obligation regarding Hazardous Processes / Substances
• Information about hazardous substances / processes should be given.
• Workers and general public in vicinity should be informed about dangers and health hazards.
• Safety measures and emergency plan should be ready. Safety Committee should be appointed.
List of Industries Involving Hazardous Processes - I SCHEDULE
1. Ferrous metallurgical Industries
2.Coal (including coke) industries.
Coal, Lignite, Coke, etc.
3. Power Generating Industries
4. Pulp and paper (including paper products) industries
5. Fertiliser Industries
6. Cement IndustriesPortland Cement (including slag cement, cement and their products)
7. Petroleum Industries
Oil Refining
8. Lubricating Oils and Greases
9. Petro-chemical Industries
10. Drugs and Pharmaceutical Industries
Etc.
S. No Substance
Permissible limits of exposure
Time-weighted average Concentration (8hrs)M
Short-term exposure limit (15min)*
ppm mg/m3** ppm mg/m3**
1. Acetaldehyde 100 180 150 270
2. Acetic acid 10 25 15 37
3. Acetone 750 1780 1000 2375
4. Acrolein 0.1 0.25 0.3 0.8
5. Acrylo nitrile-Skin 2 4.5 - -
6. Aldrin-skin - 0.25 - -
7. Allylchloride 1 3 2 6
8. Ammonia 25 18 35 27
9. Aniline-Skin 2 10 - -
10. Anisidine (o-p-isomers) Skin 0.1 0.5 - -
Schedule II Permissible Levels of Certain Chemical
Substances in Work Environment
Schedule III
LIST OF NOTIFIABLE DISEASES
1. Lead poisoning including poisoning by any preparation or compound of lead or their sequelae. 2. Lead-tetra-ethyl poisoning. 3. Phosphorus poisoning or its sequelae. 4. Mercury poisoning or its sequelae. 5. Manganese poisoning or its sequelae. 6. Arsenic poisoning or its sequelae. 7. Poisoning by nitrous fumes. 8. Carbon bisulphide poisoning. 9. Benzene poisoning, including poisoning by any of its homologues, their
nitro or amide derivatives or its sequelae. 10. Chrome ulceration or its sequelae.
Karnataka Shops and Commercial Establishment Act 1961
Commercial Establishment
• An establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession.
• This Act covers the regulation of conditions of work and employment in shops and commercial establishments like:
-registration
–hours of work
–overtime and weekly holidays
–annual leave with wages
–maintenance of records
–Prohibition of employment of children and women, enforcement and inspection
Karnataka Shops and Commercial Establishment Act 1961
Object and Application of the Act [Section 1]
The Act aims to provide for the regulation of conditions of work and employment in shops and commercial establishments in the state of Karnataka.
The act extends to whole State of Karnataka. The Act, in the first instance applies to the areas specified in the Schedule attached to the Act. The Government is authorized to bring in other areas under the operation of the act.
Definitions [Section 2]
1) Adult [Section 2(a)]: A person who has completed his eighteenth year.
2) Apprentice [Section 2(b)]: “Apprentice” means a person aged not less than fourteen years, who is employed whether on payment of wages or not for the purpose of being trained in any trade, craft or employment in any establishment.
3) Banking Company [Section 2 (ba)]: Banking company means:
i) The Reserve Bank of India;
ii) The Banking Company as defined under the Banking Regulations, Act, 1949;
iii) The State Bank of India constituted under the State Bank of India Act, 1955;
iv) A Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act,1959;
v) A corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
vi) A corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.
Contd.
4) Child [Section 2 (c)]: A person who has not completed his fourteenth year.
5) Commercial Establishment [Section 2 (e)]: It means:
i) A commercial or trading or banking or insurance establishment, or
ii) An establishment or administrative service in which persons employed or mainly engaged in office work, or
iii) A hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, or
iv) A theatre or any other place of public amusement or entertainment. and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act.
6) Employee [Section 2(g)]: Employee means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece rate wages, or on commission basis, even though he receives no reward for his labor and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948.
7) Employer [Section 2(h)]: Employer means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
8) Establishment [Section 2(i)]: It means a shop or a commercial establishment.
9) Register of Establishments [Section 2(s)]: Register of establishments means a register maintained for the registration of establishments under this Act.
10) Registration Certificate [Section 2(t)]: Registration certificate means a certificate showing the registration of an establishment;
11) Shop [Section 2(u)]: Shop means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godwns, or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the Factories Act, 1948.
12) Spread Over [Section 2 (v)]: It means the period between the commencement and the termination of the work of an employee on any day;
13) Young Person [Section 2 (z)]: It means a person who is not a child and who has not completed his eighteenth year.
Exemptions [Section 3]
This act is not applicable to:
1) Officers of or under the Central or State Governments or local authorities, except commercial undertakings;
2) Any railway service, water transport service postal telegraph or telephone service, any system of Public conservancy or sanitation or any industry, business or undertaking which supplies power, light or water to the public;
3) Railway dining cars;
4) Establishments for the treatment or care of the sick, infirm, or the mentally unfit;
5) Establishments of the Food Corporation of India.
6) Offices of legal practitioners and medical practitioners in which not more than three persons are employed;
7) Officers of a banking company;
Contd.
8) Any person employed about the business of any establishment mentioned in clause (a) to (g) aforesaid;
9) Person occupying positions of management in any establishment;
10) Persons whose work is inherently intermittent such as drivers, caretakers, watch and ward staff, or canvassers; and
11) Persons directly engaged in preparatory or complementary work, such as clearing and forwarding clerks responsible for the dispatch of goods. Section 3(2) of the Act gives a list of establishments for which Sections 11 (which deals with opening and closing hours of establishments) and sub-section (1) of Section 12 (dealing with weekly holidays) are not applicable.
Registration of Establishments
1) Registration of Establishments [Section 4]:
Within 30 days from the date of commencement of work in an establishment, the employer of every establishment shall send to the Inspector of the area concerned, a statement in the prescribed form together with such fees as may be prescribed, containing:
i) The name of the employer and the manager, if any;
ii) The postal address of the establishment;
iii) The name, if any , of the establishment; and
iv) Such other particulars as may be prescribed.
On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the register of establishments and shall issue, a registration certificate to the employer.
The registration certificate shall be prominently displayed at the establishment. A registration certificate shall be valid for five years and shall be renewed before the expiry of the period of registration certificate.
2) Change to be Communicated to Inspector [Section 5]:
The employer shall notify to the Inspector, in the prescribed form any change in respect of any information contained in his statement given earlier, within fifteen days after the change has taken place. The Inspector shall, on receiving
such notice and on being satisfied about its correctness, make the change in the register of establishments and shall amend the registration certificate or issue a fresh registration certificate, if necessary.
3) Closing of Establishment to be Communicated to Inspector [Section 6]: The employer, shall within fifteen days of his closing the establishment, notify to the Inspector in writing the date of such closure and return the registration
certificate. The Inspector shall, on receiving the information and being satisfied about correctness, remove such establishment from the register of establishments and cancel the registration certificate.
4) Issue of Appointment Orders [Section 6A]: Every employer, employing any person in or in connection with is establishment, shall issue an appointment order in writing indicating the name, designation, wage scale of such person and terms and conditions of his employment and serve the same on such person within 30 days from the date of appointment in his establishment.
Daily and Weekly Hours of Work
[Section 7]
1) No employee in any establishment shall be required or allowed to work for more than nine hours on any day or forty-eight hours in any week.
2) The total number of hours of work including overtime shall not exceed ten hours in any day except on days of stock taking and preparation of accounts.
3) The total number of overtime hours worked by an employee shall not exceed fifty in a period of three continuous months.
4) No young person shall be allowed to work in any establishment for more than five hours in a day.
[Section 8]
1) Where an employee works in any establishment for more than nine hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at twice the rate of normal wages.
Interval Of Work [Section 9]
The periods of work of an employee in an establishment each shall be so fixed that no period shall exceed five hour and that no such person shall work for more than five hour before he has had an interval of rest of at least one hour.
Spreadover [Section 10]
The periods of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, they shall not spread over more than twelve hours in any day.
Weekly Holidays [Section 12]
1) Every establishment shall remain closed for one day of the week. The employer shall fix such date and notify it to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the establishment.
2) The State Government may allow an establishment to remain open throughout the week if it is satisfied that the establishment employs additional staff for meeting the requirements of sub-section (3) of this section.
3) Every employee in an establishment shall be given at least one whole day in a week as a holiday for rest.
4) It shall not be lawful for an employer to call an employee at, or for an employee to go to, his establishment or any other place for any work in connection with the business of his establishment on a day on which such establishment remains closed.
Selling Outside Establishments Prohibited after closing Hours [Section 13]
No person shall carry on, in or adjacent to a street or public place, the sale of any goods after the hour (if a closing hour is fixed by the government) for the closing of establishments dealing in the same class of goods in the locality in which such street or public place is situated.
Annual Leave with Wages[Section 15]
1) Every employee in an establishment shall be entitled to leave with wages and shall be to avail such leave for the number of days calculated at the rate of:
i) One day for every twenty days works performed by him in case of an adult;
ii) One day for every fifteen days of work performed by him in case of a young person; If an employee does not in any one calendar year take the whole of the leave allowed to him, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year. However the total number of the days of leave that may be carried forward to a succeeding year shall not exceed thirty days in the case of an adult and forty days in the case of a young person.
An employee may at any time apply in writing to the manager of the establishment, not less than ten days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year. However the number of times in which leave may be taken during any year shall not exceed three.
contd
2) Every employee shall also be entitled during the first twelve months of continuous service and during every subsequent twelve months of such service in any establishment to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause. For this leave, prior notice/ application may not be required
Application of the Workmen’s Compensation Act [Section 22]
The provisions of the Workmen’s Compensation Act, 1923 and there under by the State Government shall apply to employees and employers of shops and commercial establishments the rules made.
Employment of Children and Women [Section 24-25]
1) No child shall be required or allowed to work in any establishment.
2) No woman, or a young person shall be required or allowed to work whether as an employee or otherwise in any establishment during nights. The State Government may, by notification exempt any establishment of Information Technology or Information Technology enabled service from the provisions of this section relating to, employment of women during night subject to the condition that the establishment provides facilities of transportation and security to such women employees and subject to any other condition as may be specified in the notification.
Inspectors [Section 26]
The State Government may appoint Inspectors and Assistant Inspectors for the purposes of this Act. The Commissioner of Labor in Karnataka shall be the Chief Inspector for the purposes of this Act, for the whole of the State of Karnataka.
Powers and Duties of Inspectors[Section 27]
Subject to any rules made by the State Government in this behalf, an Inspector may, within the area in his jurisdiction:
1) Enter, at all reasonable times and with such assistants, if any, being persons in the service of the State Government, as he thinks fit, any place which is or which he has reasons to believe is, an establishment;
2) Make such examination of the premises and of any prescribed registers, records and notices, and take on the spot or otherwise, evidence of any person as he may deem necessary, for carrying out the purposes of this Act; and
3) Exercise such other powers as may be necessary for carrying out the purposes of this Act. However, no person shall be required under this section to answer any question or give any evidence tending to incriminate himself.
Penalties [Section 30]
1) Whoever contravenes any of the provisions of Sections 4,5,6,6-A,7,9,10,11,12,13,15,16, 25 and 39, shall, on conviction, be punished with fine, which , for a first offence, may extend to one thousand rupees and, for a second or any subsequent offence may extend to two thousand rupees.
2) Whoever contravenes any of the provisions of Sections 8, 17, 29 and 34 shall, on conviction, be punished with a fine which may extend to two hundred and fifty rupees.
3) Whoever contravenes the provisions of sections 24 and 25, shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to six months or with fine which shall not be less than ten thousand rupees, but which may extend to twenty thousand rupees or with both, for the first offence and for the second and subsequent offences, he shall be punishable with imprisonment of a term which shall not be less than six months but which may extend to one year.
4) Any person who wilfully obstructs an Inspector in the exercise of any power conferred on him under this Act, or any person lawfully assisting an Inspector in the exercise of such power or who fails to comply with any lawful direction made by an Inspector shall be punishable with fine which may extend to five hundred rupees.
Miscellaneous
1) Maintenance of Registers and Records and Display of Notices [Section 34]:
Subject to the general or special orders of the State Government, an employer shall maintain such registers and records and display on the premises of his establishment, such notices as may be prescribed. All such registers and records shall be kept on the premises of the establishment to which they relate.
2) Saving of Certain Rights and Privileges [Section 35]:
Nothing in this Act shall affect any rights or privileges which an employee in any establishment is entitled to under any other law, contract, custom or usage, applicable to such establishment, or any award, settlement or agreement binding on the employer and the employee in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
3) Indemnity [Section 36]: No suit, prosecution or other legal proceedings shall lie against the State Government or any officer of the State Government for anything which is in good faith done or intended to be done under this Act.
4) Delegation of Powers [Section 37]:
i) The State Government may, by notification, authorize any officer or authority, subordinate to it, to exercise any one or more of the powers vested in it by or under this Act, except the powers under sub-sections (3) and (4) of Section 1, sub-sections (3) and (4) of Section 3, Section 19, Section 20, Section 21, Section 26 and Section 40 subject to such restrictions and conditions, if any, as may be specified in the notification.
ii) The exercise of the powers delegated under sub-section (1) shall be subject to control and revision by the State Government or by such persons as may be empowered by it in that behalf. The State Government shall also have power to control and revise the acts and proceedings of any person so empowered.
5) Power of Government to Suspend Provisions of the Act
during Fairs and Festivals [Section 38]
On any special occasion in connection with a fair or festival or a succession of public holidays, the State Government may, by notification, suspend for a specified period the operation of all or any of the provisions of this Act.
6) Notice of Dismissal [Section 39]:
i) No employer shall remove or dismiss an employee who has put in service under him continuously for a period of not less than six months, except for a reasonable cause and unless and until one month’s previous notice or pay in lieu thereof has been given to him. However, where misconduct of an employee is brought on record with proof at an enquiry held for the purpose, he shall not be entitled to the notice or pay in lieu of such notice.
ii) An employee removed or dismissed under sub-section (1) of Section 39 shall have a right of appeal to such officers having jurisdiction over such areas or such classes of employees as may be prescribed on the ground that there was no reasonable cause for the removal or dismissal or that he has not been guilty of misconduct as held by the employer
7) Power to Make Rules [Section 40]
i) The State Government may by notification, make rules to carry-out the purposes of this Act.
ii) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide in respect of the health and safety and welfare of employees.
iii) In making rules under this section, the State Government may provide that a contravention of any rule shall be punishable with a fine which may extend to ten thousand rupees.
Contract Labour (Regulation & Abolition) Act, 1970
Objective of the Act
The Object of the Contract Labour Regulation and Abolition) Act, 1970 is to prevent exploitation of contract labour and also to introduce better conditions of work.
A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a Contractor. Contract workmen are indirect employees.
Contract Labour differs from Direct Labour in terms of employment relationship with the establishment and method of wage payment.
Contract Labour, by and large is not borne on pay roll nor is paid directly. The Contract Workmen are hired, supervised and remunerated by the Contractor, who in turn, is remunerated by the Establishment hiring the services of the Contractor.
Short title, extent, commencement and application [Section 1]
(1) This Act may be called the Contract Labor (Regulation and Abolition) Act, 1970
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(4) It applies-
(a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labor;
(b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen:
Definitions [Section 2]
Section 2 (c) :CONTRACTOR
“Contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor
Section 2 (i) WORKMEN
“Workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person:
(A) Who is employed mainly in a managerial or administrative capacity; or
(B) Who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or
(C) Who is an out-worker, that is to say, a person to whom any articles or materials are given out for certain process to return them back.
“Principal Employer" means-
(i) in relation to any office or department of the government or a local authority, the head of that office or department or such other officer as the government or the local authority; as the case may be, may specify in this behalf,
(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named.
(iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named,
(iv) in any other establishment, any person responsible for the supervision and control of the establishment.
ADVISORY BOARDS [Section 3-5]
• Section 3 :Central Advisory Contract Labor Board • Section 4 : State Advisory Contract Labor Board• Section 5 : Power to constitute committees
3. Central Advisory Board
(1) The Central Government shall, as soon as may be, constitute a Board to be called the Central Advisory Contract Labor Board (hereinafter referred to as the Central Board) to advise the Central Government on such matter arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act.
(2) The Central Board shall consist of-
(a) a Chairman to be appointed by the Central Government;
(b) the Chief Labor Commissioner (Central), ex officio;
(c) such number of members, not exceeding seventeen but not less than eleven
(3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Central Board shall be such as may be prescribed:
PROVIDED that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors.
State Advisory Board
(1) The State Government may constitute a Board to be called the State Advisory Contract Labor Board (hereinafter referred to as the State Board) to advise the State Government on such matters arising out of the administration of this Act as may be referred to it and to carry out other functions assigned to it under this Act.
(2) The State board shall consist of-
(a) a Chairman to be appointed by the State Government;
(b) the Labor Commissioner, ex officio, or in his absence any other officer nominated by the State Government in that behalf;
(c) such number of members, not exceeding eleven but not less than nine
(3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies, among, the members of the State Board shall be such as may be prescribed:
PROVIDED that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors.
5. Power to constitute committees
(1) The Central Board or the State Board, as the case may be, may constitute such committees and for such purpose or purposes as it may think fit.
(2) The committee constituted under sub-section (1) shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.
(3) The members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed:
PROVIDED that no fees shall be payable to a member who is an officer of government or of any corporation established by any law for the time being in force.
Registration Of Establishments Employing Contract Labour
(Sec. 6-10)
• Appointment of registering officers (Sec. 6)• Registration of certain establishments (Sec. 7) • Revocation of registration (Sec. 8)
• Effect of non-registration (Sec. 9)
• Prohibition of employment of contract labour (Sec. 10)
Appointment of registering officers (Sec. 6)
• Appointed by the Appropriate Govt. By notification in the official gazette
• Appoint such persons and define the limits, within which a registering officer shall exercise the powers conferred on him by or under this Act.
Registration of certain establishments (Sec. 7)
1. Every principal employer of an establishment to which this Act applies shall, make an application to the registering officer in the prescribed manner for registration of the establishment (fee Rs. 20 to 500 relating to no. of workmen employed)
2. If the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed.
Revocation of registration (Sec. 8)
• If the registering officer is satisfied that, the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective.
Effect of non-registration (Sec. 9)
• In case an establishment required to be registered under Section 7 is not been registered within the time fixed for the purpose under that section, then punishment will be given as per section 36.
Prohibition of employment of contract labour (Sec. 10)
The appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the Official Gazette, employment of contract labour in any process, operation or other work in any establishment. The appropriate Government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as –
a) Whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment
b) Whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation that is carried on in that establishment
c) Whether it is done ordinarily through regular workmen in that establishment or an establishment similar there off Whether it is sufficient to employ considerable number of whole-time workmen.
LICENSING OF CONTRACTORS (Section 11- 15)
Section 11: Appointment of licensing officers
Section 12: Licensing of contractors
Section 13: Grant of licences
Section 14: Revocation, suspension and amendment of licences
Section 15: Appeals
Section 11: Appointment of licensing officers • Appoint such persons and define the limits, within which a licensing
officer shall exercise the powers conferred on him by or under this Act.
Section 12: Licensing of contractors• Licence is not transferable. (fees Rs. 15 to 375 depending upon the no.
Of workmen employed by contractor and along with security is also deposited).
• No Contractor to whom the act applies can undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer.
• Provisions of this act may contain such conditions including, – Hours of work – Fixation of wages – Other essential amenities
Section 13: Grant of licences
1. Every application for the grant of a licence under subsection (1) of section 12 shall be made in the prescribed form and shall contain the particulars;
2. The licensing officer may make investigation;
3. A licence granted shall be valid for the period specified therein (generally 12 months) and may be renewed from time to time.
Section 14: Revocation, Suspension and Amendment of Licences
If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that Obtained by misrepresentation or suppression of any material fact Failed to comply with the conditions subject to which the licence has been granted
The licensing officer may vary or amend a licence granted under Section 12. He has also the power to forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the licence was granted
Section 15: Appeals
• The aggrieved person may within 30 days from the days on which the order is communicated to him prefer appeal to appellate officer who shall be a person nominated by the appropriate govt. for this purpose.
• Period of 30 days can be extended if there is any sufficient cause.
Welfare And Health (Sections 16-21)
Section 16: Canteen
Section 17: Rest-rooms
Section 18: Other facilities
Section 19: First-aid facilities
Section 20: Liability Of Principal Employer In Certain Cases Section 21: Responsibility For Payment Of Wages
Section 16: Canteen 1. Appropriate Government may make rules:(a) to which this Act applies, (b)
Wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and (c) wherein contract labour numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour.
2. Without prejudice to the generality of the foregoing power, such rules may provide for:
(a) The date by which the canteens shall be provided;
(b) The number of canteens that shall be provided, and the standards in respect of construction, accommodation, furniture and other equipment of the canteens;
(c) The foodstuffs which may be served therein and the charges which may be made thereof.
Section 17: Rest-rooms
1. In every place wherein contract labour is required to halt at night in connection with the work of an establishment:
(a) To which this Act applies, and
(b) In which work requiring employment of contract labour is likely to continue for such period as may be prescribed,
2. The rest rooms or the alternative accommodation to be provided under subsection (1) shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition
Section 18: Other facilities
It shall be the duty of every contractor employing contract labour to provide and maintain:
a) A sufficient supply of wholesome drinking water b) A sufficient number of latrines and urinals situated as to be convenient and accessible to the contract labour and c) Washing facilities ·
Section 19: First-aid facilities
• There shall be provided and maintained by the contractor so as to be readily accessible during all working hours a first-aid box equipped with the prescribed contents at every place where contract labour is employed by him.
Section 20: Liability Of Principal Employer In Certain Cases
1. If any amenity required to be provided for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed thereof, such amenity shall be provided by the principal employer within such time as may be prescribed.
2. All expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
Section 21: Responsibility For Payment Of Wages 1.A contractor shall be responsible for :- ¬ Payment of wages to each worker employed by him ¬ Shall be paid before the expiry of such period as may be prescribed. 2.Duty of principle employer ¬ Shall nominate a representative to be present at the time of disbursement of wages ¬ Shall be the duty of such representative to certify the amounts paid as wages in such manner
3.It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorized representative of the principal employer.
4.In case the 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, ¬ Recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
• Section 26: Cognizance of offences
No Court shall take cognizance of any offence under this Act except on a complaint made by, or with previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try any offence punishable under this Act.
• Section 27: Limitation of prosecutions
No Court shall take cognizance of an offence punishable under this Act unless the complain thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector.
Provided - that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date of which the offence is alleged to have been committed.
Section 28: Inspecting Staff –
1) The appropriate government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act.
2) Subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed.
Section 29 :Maintenance of registers and records
• The registers and records to be maintained, the notices to be displayed and the return to be submitted by the contractor and the principal employer to the registering officer or/and licensing officer as explained in the rules of this act by central / state govt.
Section 31: Power to exempt in Special Cases - The appropriate Government may, in the case of an emergency, direct, by notification in the Official Gazette, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this Act or the rules made there under shall not apply to any establishment or class of establishments or any class of contractors.
The Apprentices Act 1961
¤ To meet the increasing demand for skill craftsmen.
¤ To utilize facilities available for training apprentices.
¤ To ensure their training in accordance with plan programme.
¤ Promotion of new man power skill.
¤ Improvement & refinement of old skill.
THE OBJECTTHE OBJECT
Short title, extent, commencement and application [Section1]
(1) This Act may be called the Apprentices Act, 1961.
(2) It extends to the whole of India
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States.
(4) The provisions of this Act shall not apply to--– Any area or to any industry which is not notified to the Central
Government.– Any special apprenticeship schemes for imparting training
to apprentices as notified by Central Govt. in Official Gazette separately.
Definitions[Section2]
• All India Council : All India Council of Technical Education established by Govt. of India.
• Apprentice : A person who is undergoing apprenticeship in pursuance of contract of apprenticeship
• Apprenticeship training: A course of training in any establishment or industry
• Apprenticeship Advisor : Central Apprenticeship Advisor or the State Apprenticeship Advisor appointed under the Act.
• Apprenticeship Council: Central Apprenticeship Council or Apprenticeship Council (State) under the provisions of the Act.
Qualifications for being engaged as an apprentice [Section 3]
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he—
(a) is not less than fourteen years of age, and
(b) satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades
Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated
trades -Section 3(A)
(1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes [and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment.]
(2)The number of training places to be reserved for the
Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled
Contract of apprenticeship [Section 4]
(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.
(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1).
(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made there under.
Contd.
4) Every contract of apprenticeship entered into under sub- section (1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration.
(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.]
Novation of contract of apprenticeship [Section5]
Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto
Period of apprenticeship training [Section 6]
• The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows:--
(a) In the case of trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests conducted by that Council or by an institution recognised by that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be determined by that Council.
(b) In the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette specify in this behalf, have passed the trade tests, or examinations conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be
prescribed
OBLIGATIONS OF AN APPRENTICE TO ACCEPT EMPLOYMENT FROM
EMPLOYER
• It is not obligatory on the part of the employer to offer any apprentice who has completed his period of apprenticeship
OBLIGATIONS OF THE APPRENTICE
Every trade apprentice undergoing apprenticeship training shall have the following obligations, namely:-
1)To learn his trade conscientiously and diligently and Endeavour to qualify himself as a skilled craftsmen before the expiry of the period of training;
2)To attend practical and instructional classes regularly;
3)To carry out all lawful orders of his employer and superiors in the establishment and
4)To carry out his obligations under the contract of apprenticeship.
OBLIGATIONS OF EMPLOYERS TOWARS APPRENTICES
Without prejudice to the other provisions of the Act, every employer shall have the following obligations in relation to an apprentice, namely:-
1)To provide the apprentice with the training in his trade in accordance with the provisions of the Act, and the rules made there under
2)If the employer is not himself qualified in the trade, to ensure that a person who possesses the prescribe qualifications is place in charge of the training of the apprentice; and
3)To carry out his obligations under the contract of apprenticeship
APPRENTICES AN BONUS
• By the very definition of the ‘employee’, the apprentices are not eligible for bonus as per section 2 (13) of the payment of bonus Act.
APPRENTICES AND COVERAGE UNER EMPLOYEES’ PROVIENT FUNDS ACT
• An apprentice is not an ‘employee’ as defined by the Employees’ Provident Fund and Miscellaneous Provision Act.
• ‘employees’ provides that it will include any person engaged as an apprentice, not being an apprentice engaged under Apprentice Act, 1961
APPRENTICES AND COVERAGE UNDER EMPLOYEES STATE
INSURANCE ACT
• The Amending Act 29 of employees’ State Insurance Act, 1989 while defining an employee under the ESI Act has provided that it goes not include any person engaged as an apprentice under the Apprentices Act 1961 or under the Standing Orders of the establishment.
Hours of work
• The daily hours of work of an apprentice shall not be more than 8 hours per day and weekly hours not less than 40 hours but not more than 45 hours.
• A short term apprentice may however be engaged to work up to a maximum limit of 48 hours per week.
• The hours of training of the apprentice should not be between 10pm and 6am except with the prior approval of the apprenticeship adviser.
An apprentice is entitled to leave in accordance with the leave rules which exist for the workers of that establishment provided every apprentice must put in a minimum attendance of 264 days in a year of training,
of which1/6th should be devoted to related instructions and 220 days to practical training.
Grant of leave to apprentice
(a) Casual leave : Casual leave shall be admissible for a maximum period of
twelve days in a year ;
Any holidays intervening during the period of casual leave shall not be counted for purpose of the limit of twelve days ;
Casual leave not utilised during any year shall stand lapsed at the end of the year ;
• Casual leave shall not be combined with medical leave .
• if casual leave is preceded or followed by medical leave, the entire leave taken shall be treated either as medical or casual leave provided that it shall not be allowed to exceed the maximum period prescribed in respect of medical or casual leave, as the case may be;
• Except in case of extreme urgency applications for such leave shall be made to appropriate authority and sanction obtained prior to the availing of leave.
(b) medical leave :
• Medical leave up to fifteen days of each year of training may be granted to the apprentice who is unable to attend duty owing to illness.
• The unused leaves shall be allowed to accumulate up to a maximum of forty days;
• Any holidays intervening during the period of medical leave shall be treated as medical leave and accounted for in the limits prescribed under clause(i)
• The employer may call upon the apprentice to produce a medical certificate from a registered medical practitioner in support of his medical leave.
• A medical certificate shall, however , be necessary , if the leave exceeds six days;
• It shall be open to the employer to arrange a special medical examination of an apprentice if he has reason to believe that the apprentice is not really ill or the illness is not of such a nature as to prevent his attendance.
( c) extraordinary leave : • Extraordinary leave up to a maximum of ten days in a year
may be granted to the apprentice, after he has exhausted the entire casual leave and medical leave ,
• if the employer is satisfied with the genuineness of the ground on which the leave is applied for .
Violation of the act by an employer –consequences
1.The apprentices act provides that if any employer
(a) engages as an apprentice a person who is not qualified for being so engaged or
(b) fails to carry out the terms and conditions of a contract of apprenticeship; or
(c) contravene the provisions of the act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
2.If any employer or any other person
(a) requires an apprentice to work over-time without the approval of the apprenticeship adviser ;or
(b) employs an apprentice on any work which is not connected with his training; or
(c) makes payment to an apprentice on the basis of piece- work or ;
(d)requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
TERMINATION OF APPRENTICESHIP CONTRACT
• On the expiry of the period of apprenticeship training
• Application to the Apprenticeship Adviser for the termination of the contract
• Send by post a copy to the other party to the contract
• Apprenticeship Adviser may by order in writing terminate the contract
TERMINATION OF CONTRACT-CONSEQUENCES
• On the part of the employer– Pay the apprentice compensation of an amount equivalent to his
three months’ last drawn stipend
• On the part of the apprentice– training cost of an amount equivalent to his three months’ last drawn
stipend
STIPEND TO THE APPRENTICE
• Rates of stipend for different categories be asked from the Apprenticeship Adviser in particular state, wherein the factory or the establishment is located
EMPLOYMENT EXCHANGE SPONSORING NOT NECESSARY
• Eligible to be considered for any future appointment, without being sponsored by any employment exchange
SETTLEMENT OF DISPUTES
• Any disagreement shall be referred to Apprenticeship adviser
• Aggrieved by the decision of the said Authority, may within 30 days, prefer an appeal against such decision to the Apprenticeship Council
• Shall be heard and determined by a Committee of that Council appointed for the purpose
Penalties
Action/omission Penalty
Imprisonment up to
Fine
• Engaging as an apprentice a person who is not qualified for being so engaged
• Failure to carry out terms and conditions of apprenticeship contract
• Contravention of the act relating to number of apprentices which he is required to engage
Six months
Not specified but can be imposed
Action/omission Penalty
Imprisonment up to
Fine
• Refusal to furnish any information or return• Furnishing false return• Refusal to answer or giving false
information• Refusing to extend reasonable facility to
the competent Authority under the Act for making any entry, inspection, examination or inquiry
• Requiring Apprentice to work overtime without approval of the Apprenticeship Adviser
Six months Not specified but can be imposed
Action/omission Penalty
Imprisonment up to
Fine
• Employing an apprentice on work not connected to his training
• Making payment to an apprentice on the basis of piece work rate
• Requiring an apprentice to take part in any output bonus or incentive scheme
Six months Not specified but can be imposed
Contravening the provisions of the Act for which no punishment is provided
no Up to Rs.500
Thank You
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