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IMPORTANT LABOUR LAWS - AT A GLANCE

Released on 09-01-2013 for the circulation of Labour Department officials.

C. NIRANJAN RAOB.COM, D.P.M, LLM.

Advocate Office: Manasa Enclave

Flat # 4, HIG – II, Block # 22, Baghlingampally, Hyderabad – 500 044

Ph (O): 040 – 66827291, Mobile: +91 98480 50875E-mail: niranjanraoassociates@gmail.com

Website: niranjanraoassociates.comIMPORTANT LABOUR LAWS – AT A GLANCE

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Labour law also known as employment law is the body of laws, administrative and judicial rulings, precedents which address the legal rights and restrictions on working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In other words, Labour law defines the rights and obligations of workers, union members and employers in the workplace. Generally, labour law covers:

Industrial relations, collective bargaining and unfair labour practices, safety, health and welfare amenities in Workplace, Employment standards, general holidays, annual leave, working hours, terminations, dismissals, minimum wage, strikes , lock outs , layoff procedures and severance pay, social security measures .etc.

The labour legislations can be categorized as follows:

1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement.

2) Labour laws enacted by Central Government and enforced both by Central and State Governments.

3) Labour laws enacted by Central Government and enforced by the State Governments.

4) Labour laws enacted and enforced by the various State Governments which apply to respective States.

The Constitution of India provides detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy which set an aim to which the activities of the state are to be guided. 

Labour Laws may be further classified under the following heads:

A) Laws relating to Industrial Relations (B) Laws relating to Wages (C) Laws relating to Working Hours, Conditions of Service and Employment (D) Laws relating to Equality and Empowerment of Women (E) Laws relating to Deprived and Disadvantaged Sections of the Society (F) Laws relating to Social Security.

Some of the important labour laws at a Glance;

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The Broad Guidelines of the major labour laws which are applicable for majority of industries and establishments are mentioned below.

1. THE APPRENTICES ACT – 1961

The Main objectives of Apprentices Act, 1961 is “Promotion of New Manpower at skills”. Improvement / Refinement of Old Skills through Theoretical & Practical Training in number of “Trades & Occupation”. The Scheme is also extended to Engineers & Diploma Holders In India the “Apprentices Act” came into force in 1961 and was amended by the Act 41 of 1986. It is also a “Statutory Obligation” on the part of every Employer covered under the Act.

Applicability of the Act :- The “Apprentices Act” applies to all Areas & Industries as notified by Central Government. [Sec-1(4)]. The Act shall also “Not Apply” to any Area or Industry as per the notification by the Govt.

“Apprentice” means a Person who is undergoing “Apprenticeship Training” in pursuance of a Contract of Apprenticeship.

“Apprenticeship Training” means a Course of Training in any Industry or Establishment undergone in pursuance of a Contract of Apprenticeship & under prescribed Terms & Conditions which may be different for different categories of Apprentices.

Eligibility & Duties of Apprentice & Qualifications: A Person shall not be Qualified for being engaged as an Apprentice to undergo Apprenticeship Training in any designated trade, unless he or she, The “Candidate” is not Less than Fourteen (14) Yrs of age, & has to Satisfies such Standards of “Education & Physical Fitness” as may be prescribed.

Duration of Training- Duration of Apprenticeship may be from “06 Months to 04 Yrs” depending on the Trade, as prescribed in Rules. The “Apprentice” has to Learn his Trade Conscientiously & Diligently. Also attend Practical & Theoretical classes regularly and also has to carry out all Lawful Orders of Employer with Contractual Obligations. The Apprentice has to work 42 to 48 Hours in a week, but not allowed to work between 10 pm to 06 am unless approved by “Apprenticeship Advisor”.

Contract with Apprentice :- The Apprentice appointed has to execute a Contract of Apprenticeship with the Employer. The Contract has to be Registered with Apprenticeship Adviser. If Apprentice is Minor, Agreement should be signed by his Guardian.

Leaves for An Apprentice: - An Apprentice is entitled to Casual Leave of 12 days, Medical Leave of 15 days & Extraordinary Leave of 10 days in a year.

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The “Employer” has to provide Apprentice the Training in his Trade, & ensure that the Person duly Qualified is placed as In-charge .

Payment to Apprentice :- The Minimum Rates of Stipend should be paid as prescribed under the Rules from time to time.

2. THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996.

The Act provides regulations for employment and condition of services of building and other construction workers. It provides provisions regarding their safety, health and welfare of the construction workers. It has come into force from first day of March 1996.

It applies to every establishment where ten or more building workers are employed in any building or other construction works. 

It provides for registration of such establishments. Registrars re appointed for registration. It provides various provisions for the benefit of construction workers, regarding fixing hours for normal working day, overtime wages, drinking water, latrines and urinals, crèches, first-aid canteen etc., employer are also required to maintain certain registers and records. Safety provisions at work place are also to be made.

The act provides for “Building and Other Construction Workers Welfare Board”. The worker has to contribute from their wages to this board.   This board looks after various welfare activities of workers including loan and pension to them.

3. The Building and Other Construction Workers Welfare Cess Act, 1996.

The Cess should be paid by the owner or contractor @ Maximum 2% on cost of construction but not less than 1% and include all expenditure incurred by an employer ,but shall not include – cost of land and the compensation paid or payable under Workmen’s Compensation Act.

Cess levied shall be paid within 30 days of completion of the project or if the project work is more than one year, cess to be paid within 30 days of completion of one year from the commencement of work or employer can pay estimated cess as advance.

4.  THE INDUSTRIAL DISPUTE ACT, 1947. 

AMENDMENTS (15.09.2010)

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Section 2 (A) – Direct Access to Labour Court by an Employee. 

For coverage of supervisors the Wage limit was increased from Rs.1600/- to Rs.10,000/- per month .

Grievance Redressal Committee – Compulsory in the units having more than 20 workmen. 

Time limit for questioning dispute in case of discharge / dismissal / termination is 3 years.

Powers given to labour courts to execute the awards, orders etc.

The Appropriate Government is central Govt., where the share capital is more than 51% in any company, in all other cases the state Govt. is the Appropriate Government.

This is an Act which has given protection to employees which also provides full machinery for conciliation and adjudication of disputes between employee and employer and vice versa, between workman and workman & between employer and employer.  

The Act does not apply to a person employed in Supervisory or Managerial capacity and drawing wages exceeding Rs. 10,000/- per month. 

It deals in detail provisions related to strikes and lock outs, lay off and retrenchment and unfair labour practices. 

It has special provisions regarding termination of services of an employee. In case, the service of employee is terminated as a punishment inflected by way of disciplinary action, subject to relevant rules and regulation in that regards,  the employee  has no protection except the provisions of natural justice or no opportunity was given to him to represent his side. In case, the services are terminated without punishment inflected by way of disciplinary action, the employee has right of retrenchment compensation (subject to some exceptions and other provisions of this Act) section-2 (oo) details out conditions when the service of a person can be terminated without punishment and retrenchment benefits. 

5. THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979.

This Act defines “INTERSTATE MIGRANT WORKMEN” as any person who is recruited by or through a Contractor in one State under an agreement or other arrangement for employment in an establishment in

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another State, whether with or without the knowledge of the principal employer in relation such establishment. 

This Act is to safeguard and regulate the conditions of such workers. It implies to every Establishment/Contractor who employ 5 or more Inter-State Migrant Workers. 

It provides registration for principal employer and license for contractor to whom this Act is applicable. It also provides Registering/ licensing Officer for this purpose. It specifies duties/responsibilities of Contractor and liabilities of principal Employers.

  It also provides “Displacement Allowance” and “Journey Allowance” besides other facilities to Inter-State Migrant Workers. Wages shall pay in cash to him. Section 21 and 22 deals with other special provisions for their employment.

6. THE MINIMUM WAGES ACT, 1948

The minimum wages Act provides minimum statutory wages to workers. It applies all industries given in Schedules of this Act. The Centre and State Government is empowered to add any other industry in this Schedule. This Act is applicable even if there is single employee.

  The minimum wages are fixed by central and state Governments. The Employer who pays wages less than minimum wages fixed by Govt. is punishable under this Act.

 The Act also provides maximum hours, weekly rest days, and overtime-related provisions. The Govt. AP revises the VDA Points once every six months and every employer is bound to pay the said wages with periodical increase. 

Minimum wages includes all emoluments paid to an employee under terms of contract whether express or implied and no need of paying VDA if the minimum amount of wages are paid by including all allowances. (Air Freight Vs state of Karnataka.1999-ll LLJ -705. SC.)

7. THE PAYMENT OF BONUS ACT, 1965

This Act makes bonus payment mandatory for every factory (employing ten or more employees) and other establishment employing twenty or more employees. Every employee who works for 30 days in an accounting year is entitled for Bonus. Section-9 of Act deals with the conditions which disqualifies an employee to receive bonus.   8.33% of

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wages/salary is minimum bonus to be paid and Maximum limit is 20%. Bonus is to be paid within 8 months of closing the accounting year.

New establishment are given some relaxations in payment of bonus up to first Five years of their operation.

8. THE PAYMENT OF BONUS (AMENDMENT) BILL, 2012.

The Bill proposes to amend definition of "employee" as given in sub-section (13) of Section 2 of the Payment of Bonus Act, 1965 which at present entitles only those employees who are employed on a salary or wage not exceeding ten thousand rupees per mensem. More so, section 12 prescribes the limit of three thousand five hundred rupees per mensem for calculation of bonus with respect to the employees.

In today's world of money inflation, high prices and salaries, imposing ceiling on the wages for denying bonus to the employees is totally unjust. At least all the workers should be entitled to get the bonus irrespective of their salary or wages under the Payment of Bonus Act.

Therefore, the Bill proposing amendment to section 2 and section 12 of the Act seeks to achieve the aforesaid objectives.

FURTHER PRAPOSED AMEDMENTS

Minimum Bonus is being enhanced from 8.33% to 11%.  The effective year for Payment Bonus Accounting Year is 2009-

2010. (Not given effect) employees employed through contractors on building operations

eligible for payment of bonus under the Act

9. THE PAYMENT OF GRATUITY ACT, 1972

AMENDMENTS (WEF 18.05.2010)

A. Gratuity ceiling raised from Rs.3.50 lakhs to Rs.10.00 lakhs. 

B. Sec.4A – Compulsory Insurance – Group Gratuity w e f 4th March 2011

It is applicable to all industries/establishments employing ten or more persons. The Act provides for payment of lum sum amount for employees who had worked for more than five years at the time of leaving the service. The condition of five years service is not applicable in case of employee’s death. In case of death, gratuity is paid to persons nominated by employee or if no nomination is made, it is paid to heirs. 

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The Gratuity has to be paid @ 15 days salary for every year of service. The Maximum of Gratuity can be paid is Rs.10,00,000/-. In seasonal industry it is paid @ 7 days salary after every year of service.

Section-4 (6) of this Act deals with conditions regarding forfeiture of Gratuity of an employee.

10. THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2012

The sub-section (2) of Section 4 of the Payment of Gratuity Act, 1972 provides for payment of gratuity to the employees at the rate of fifteen days’ wages based on the rate of wages last drawn for every completed year of service. In today’s world of high prices and inflation, the gratuity of fifteen days wages for every completed year is too meager. At such a small rate, a person cannot get enough amount for post retirement settlement. It should therefore be at least at the rate of thirty days’ salary for every completed year of service.

Therefore a new Bill was proposed with amendments to Section 4 of the Act seeks to achieve the aforesaid objectives.

11. THE PAYMENT OF WAGES ACT, 1936.

AMENDMENT; MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION Dated 11th September 2012.

S.O.No.2260(E)- In exercise of the powers conferred by sub-section (6) of Section 1 of Payment of Wages Act, 1936 (4 of 1936), the Central Government, on the basis of figures of the Consumer Expenditure Survey, published by the National Sample Survey Organization, specifies Rupees eighteen thousand per month as the wages under said sub-section (6).

The Govt. of A.P. vide G.O.Rt.No.591, Dated: 31.3.2011 issued a direction to all the employers to pay wages to all the employees either by cheque or by crediting the wages in their Bank account.

In view of the same the cash payment to the employees is now withdrawn.

The Payment of Wages Act is enacted for timely payment of wages to workers. It is applicable on all types of industrial establishments.

The Act fixes responsibility for Payment of Wages, Provisions of fixation of wage period (wage period can be fixed for maximum one month).

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Wages are to be paid within 7 days of expiry of wage period (in case of less than 1000 employees) and within 10 days in other cases. The wages are to be paid by cheque also.

The Act also describes about various deductions, which can be made from wages. Maximum 15% of wages can be deducted under various deductions. In case of payment to Housing Co-operative Society, these deductions can go up to 75% of wages.

12.  THE A.P SHOPS AND ESTABLISHMENTS ACT, 1988.

The Act is for benefit of the employees working in shops and Establishments which are not covered by Factories Act. it deals with regulating the condition of service of employees working in shops and the Offices of all kind of companies, hotels, cinema theaters, etc. It normally provides about health, safety, working hours, holidays and paid leaves for employees. Generally, it also require furnishing of a Appointment Letters to employees. It also contains the procedure for termination of employees and also a claim can be made by the employee for unpaid legal dues.

SERVICE COMPENSATION NEED NOT BE PAID

As per High court and supreme court judgments, there is no obligation for the management to pay any service compensation or payment of salary till the service compensation is paid (Section 47(3) and section 47 (4)) to the employees who completed one year of service. These provisions were struck down by the courts. In view of the said judgments, the Employees who completes five years of service are entitled for gratuity, if said act applies, but not otherwise. (2009, VOL (121) FLR 407 SC).

13. THE TRADE UNIONS ACT, 1926.

 Any7 persons working in a factory or establishment can form a Trade Union. The union should always have to maintain 10% of the total strength as their members. Ministers are not allowed to became office bearers of any trade union.

It describes about objects on which Trade Union fund can be spent.  The Trade Unions are also liable to file returns to Registrar. It also contains provisions regarding disqualification of office bearers of Trade Unions. This Act regulates the conditions of registration-dissolution and in case the Registrar of Trade union wants cancel the Registration of any trade union, he should give 60 days’ notice.

14. THE EMPLOYEE’S COMPENSATION ACT, 1926.

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A. Workmen Compensation Act is amended as “Employee Compensation Act”.(23rd Dec 2009)

B. The minimum compensation limits on no-fault basis are increased to Rs.120,000 & 1,40,000 (erstwhile limits being Rs. 80,000 & 90,000).

C. The wage for the purpose of calculation is revised as Rs.8,000/- per month from Rs.4000/- (WEF 31.05.2010)

This Act provides compensation to workers or their dependants in case of accident or injuries during their employment. This accident should cause disablement or death to worker. The Act is also applicable in case of occupational diseases (which are due to certain conditions of some works).

This Act is applicable to Establishments given in Schedule-II and III of this Act. However, it is not applicable to factories and Establishments which are governed by “Employees State Insurance Act”. All the employees without any salary limit and designation are covered under the act.

  Any accident arising out of willful disobedience of Safety Rules, disregard of safety device or under influence of drinks, drugs, the compensation is not payable. In case of Death of any workman, the compensation should be deposited with Govt. under this Act who disburses the compensation.  

15. A.P LABOUR WELFARE FUND ACT;1987.

All the employees has to worked for the period of 30 days in a year are covered under this act, except Managers and Supervisors drawing salary exceeding Rs.1600/- per month. All the factories and establishment are covered under this act. Every employer shall contribute Rs.5/- per year, and every employees shall contribute Rs.2/- per year to the fund.

The fund will be utilized for the Welfare, Health of the workers through Labour department.

16. A.P.FACTORIES AND ESTABLISHMENTS (NATIONAL, FESTIVAL AND OTHER HOLIDAYS ACT), 1974.

This Act is made with a view to provide national, festival and other holidays to the persons employed in factories and establishments in the state of Andhra Pradesh.

As per the Act every employee shall be allowed a holiday on the following national holidays namely 26th January, 1st May, 15th August and 2nd October.

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Apart from the said national holidays, every employee is also entitled for five festival holidays in a year. However, it shall be open for the employer to declare, with the consent of the employees and under intimation to the Govt., a substituted holiday in lieu of any of the festival holidays.

However, the employees in a position of management, any employee whose work involves travelling and the employees working in any factory or establishment under the control of central or any state government, railway administration, mine or oil field are not entitled for any of the holidays mentioned under the Act.

17. THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970.

This Act is enacted to regulate and abolition of contract Labour. In the state of Andhra Pradesh, it applies to every establishment and contractor who employs 5 or more workers as contract labour. It has also provisions to empower Government to prohibit contract labour system in any process, operation or other work in any establishment.

 The principal employer has to register itself with Registering Officer under this Act.  It also makes mandatory provisions of licensing for contractors. 

The Act has provisions for welfare and health of contract labour. It has provision of canteen and rest room in certain conditions. It also provides facilities for drinking water, washing facilities, latrines and urinals for contract labour. Provisions of first aid facilities are also made. Contractor is also made responsible for payment of wages to labour.

In case, contractor does not provide facilities, principal employer is made responsible for providing facilities to contract labour. The principal employer is authorized to recover any expenses incurred by him for providing such facilities by deducting from any amount payable to contractor. 

By various judgments of courts, it is clear that provisions of ESI and PF are also applicable on contract labour.  After contract is over, contract labour has no right to seek employment in regular services with principal employer.

18. THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.

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This Act relates to Child Labour which is less than 14 year of age. It prohibits their employment in some Establishments. The lists of such prohibited industries are given in the Act.

  It regulates the conditions of Child Labour, where their employment is not prohibited. It makes provisions of period of their work. It has also prohibited night duty and over time for child labour.

It is mandatory for occupier/employer to give notice to Inspector about employment of children. He is also required to maintain register. Violations of provisions under this Act are offence and are punishable.

19. THE FACTORIES ACT -1948

Applicability of the Act : Any premises whereon Ten (10) or more persons with the Aid of Power or Twenty (20) or more Workers were working without Aid of Power on any day preceding 12 months, wherein Manufacturing process is being carried on the act will apply. It extends to whole of India and Covers all Manufacturing processes & Establishments falling within the definition of “Factory” Sec.2 (ii).

Objective of the Act: This Act has been come into force to Consolidate and Amend the Law Regulating the Workers working in the factories. To ensure the Safeguard the interest of workers and Protect them from exploitation, the Act prescribes certain standards with regard to health, Safety and Welfare of workers, apart from other provisions.

Duties of Employer under the Act: The Factory should be kept Clean always. All Machinery should be properly Fenced to protect Workers when Machinery is in Motion. There should be arrangement to Dispose of Wastes and Hoists and Lifts should be in good condition & tested effluents. Adequate Lighting, Drinking Water, Latrines, Spittoons, Urinals and in Case of Hazardous substances, additional Safety should be provided. Adequate Fire Fighting Equipment should be available. Proper Ventilation for Air & Light inside the Factory should be provided and Safety, welfare and Medical Officers should be appointed depending upon the number of workers .

Welfare of Employee: Adequate Facilities for Washing, Sitting, Storing of cloths during Off Working hours. If a worker has to work in standing Position, sitting Arrangement should be provided to take Short Rests. Adequate First Aid Boxes shall be provided & Maintained with all required medicines.

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Obligations for Large Factories: Ambulance Room if 500 or More Workers are Employed in the Factory. Canteen, if 250 or More workers are employed. Rest Rooms / Shelters with Drinking Water, Full time “Welfare Officer” if factory Employs 500 or More workers . A Worker should be given a Weekly Holiday. Overlapping of Shifts is not permitted. Notice of Period of Work should be displayed.

Overtime Wages under the Act:- If a Worker works beyond 09 hours a day or 48 hours a week, Overtime Wages @Double the Rate of Wages are payable. Any Child below age of 14 Yrs can not be employed.

Annual Leave :- A Worker having worked for 240 days in the preceding year is entitled @ One Day Leave for every 20 days and for a Child One Day Leave for working of 15 days. Accumulation of leave is permissible for 30 days.

Notice of Accidents, Diseases Etc:-Notice of Any Accident causing Disablement of more than 48 hours, Dangerous Occurrences and in case of any worker contacting Occupational Disease should be informed to Factories Inspector. Notice of Dangerous Occurrences & Specified Diseases should be given. Safety Committee should be appointed.

20. THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952.

This Act is applicable to all establishments’ public industries, employing 20 or more employees. The Act has three schemes:-

 1.   Employee’s Provident Fund Scheme.

2.   Employee’s Family Pension Scheme.

3.   Employee’s Deposit Linked Insurance Scheme.

It is a contributory fund for the future of employee after his retirement. Employee and Employer both contribute in this fund@12 % on Basic wages, employee has to pay 12% of their wages towards this contribution.

  Provident fund is payable to employee after his retirement. In case of its early death, it is payable to person nominated by him or his legal heirs. Some part of Provident Fund can be withdrawn before retirement for construction of House, Children Marriage, etc.

Employee’s Family Pension Scheme:-  If contribution is made to this scheme for minimum 10 years, the employee becomes eligible for pension after retirement. In case of his early death, heirs are eligible for pension

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(only one time contribution is sufficient for pension in case of death - 10 years contribution is not necessary - subject to certain conditions.)          

Employee’s Deposit Linked Insurance Scheme:- Under this Scheme employee’s get benefit of Insurance for his/her Life. The contribution towards this fund is made by Employer @ .5% of Employee’s wages.

21. THE EMPLOYEES STATE INSURANCE ACT, 1948

This Act at present not applicable for construction works or sites, but the administrative offices are covered under the act.

This Act is applicable to all the factories which fall under Factories Act. Other Establishments which have 10 or more employees are covered by this Act. Any employee who receives wages up to Rs. 15,000/- p.m. is eligible to take benefits under this Act.

Contribution by both Employee and Employer are made to this Corporation. The rate of contribution for employees is 1.75% while in case of Employer it is 4.75% of Employee’s wages.

The Workman Compensation Act is not applicable where this Act is implemented. Similarly a woman employee exceeding wages up to Rs. 15,000/- p.m. is not entitled to receive maternity benefit from her Employer. These benefits will be extended by E.S.I. Corporation to insured persons. Conveyance Allowance is excluded for the purpose of wage and hence no contributions are payable in the state of A.P, and inspection of Previous Records is restricted to 5 years only.

22.  THE EQUAL REMUNERATION ACT, 1976.

This Act is enacted to prohibit discrimination of women in the matter of remuneration (Pay/Wages) with men.  It provides equal pay to men and women for same work or work of similar nature. It also prohibits discrimination while recruiting men and women workers (except where the employment of women in such work is prohibited or restricted by any law). 

Government is empowered to appoint authorities for hearing and deciding claims and complaints. The appointment of Inspectors for implementation of this Act is also made. Breach of provisions of this Act are offence and punishable.

23. THE MATERNITY BENEFIT ACT, 1961.

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This Act made provisions for payment of wages to a woman during leave period for giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.

The Maternity Benefit Act, amended to enhance the medical bonus from Rs. 250/- to Rs. 2,500/-and also empowering the Central Government to increase it from time to time before every three years, by way of notification in the Official Gazette, subject to a maximum of Rs. 20,000/-, where the employer has not provided pre-natal confinement care or post-natal care to a woman.

  A woman employee is entitled for full wages during leave for aforesaid reasons. The leave period for delivery of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.  

  This Act does not apply to any factory or establishment to which “Employees State Insurance Act” is applicable. Any women employee drawing salary of more than Rs. 15,000/- is also not entitled for this maternity benefit.

  A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to dismiss the women employee during the entitlement of this benefit. Section 18 of this Act described the conditions when this benefit can be forfeiture. 

  Provisions for Inspectors to implement this law are also made.  Inspectors are given to power to direct employer to make payment under this Act.

24. Sexual Harassment of women at Workplace (Prevention, prohibition and redressal Act) 2013, came in to effect from 9-12-2013.

The Act is to ensure safe environment for women at workplaces in public and private organizations as well as unorganized sectors.

This Act also provides protection not only to the women employees who are employed but also to all the women who enters into the workplace as a client, customer etc., Every employer is required to constitute an internal complaints committee.

During the pendency of the enquiry, the victim will be given option to seek interim relief.

25. INDUSRIAL EMPLOYMENT STANDING ORDERS 1946

This act is made requiring employers in industrial establishments firmly to define conditions of employment under them. In Andhra Pradesh,

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It applies to every industrial employment wherein 50 or more workmen are employed or were employed on any day in the preceding 12 months.

Every employer within six months from the date on which the Act becomes applicable shall submit five copies of draft standing orders proposed by him to the certifying officer. Such draft standing orders as far as practicable should be in conformity with model standing orders. The standing orders which are finally certified be liable for modification only after expiry of six months from the date on which the standing orders are last modifications came into operation.

The model standing orders will temporarily apply to the industrial establishments till the standing orders are finally certified under the Act.

26. MOTOR TRANSPORT WORKERS ACT 1961.

This Act was made with an intent to provide welfare to the motor transport workers and to regulate the conditions of their work. It applies to every to every motor transport undertaking employed five or more transport workers.

All the persons who are employed in a motor transport undertaking directly or indirectly whether for wages or not are to work in a professional capacity on transport vehicle or to attend the duties in connection with arrivals, departures, loading or unloading of such transport vehicles and includes driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time keeper, watchman or attendant were covered under the Act and they will be considered as motor transport workers.

The employers are required to maintain canteen, rest rooms and also required to provide uniforms and medical facilities, first aid facilities as per requirement.

The Act also deals with the working hours, daily intervals of rest, spread over, split duty and weekly rest.

All the adult motor transport workers are entitled for extra wages in case they works more than 8 hours in a day at the rate of twice their ordinary rate of wages. Such workers are also entitled for annual leave with wages.

27. SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT 1976.

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This is an Act to regulate certain conditions of service of sales promotion employees in certain establishments and it shall apply to every establishment engaged in pharmaceutical industry.

Sales promotion employee; means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business or both but does not include supervisors drawing wages above Rs.1600/- p.m. and the persons discharging the managerial functions.

The provisions of Employees Compensation Act, 1926, Payment of Gratuity Act 1971, Minimum Wages Act, 1948, the Maternity Benefit Act, 1961, Payment of Bonus Act, 1965, shall apply to all the sales promotion employees also.

28. THE UNORGANIZED WORKERS SOCIAL SECURITY ACT 2008.

This Act is made with a view to provide social security and welfare to the unorganized workers and applies to whole of India.

The unorganized sector; means an enterprise owned by individuals or self employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever and where the enterprise employs workers, the number of such workers is less than 10.

The central Govt., shall formulate suitable welfare schemes for the unorganized workers relating to social security benefits and the state government may also formulate and notify suitable welfare schemes for such unorganized workers. Social security boards will be constituted at national level and also at state level for the purpose of implementation of schemes.

Every unorganized worker is required to be registered under the Act and such worker will be issued an identity card by the district administration. So far 10 social security schemes were introduced for unorganized workers apart from the social welfare legislation which are in force.

29. THE WORKING JOURNALISTS AND OTHER NEWS PAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955.

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This is an Act to regulate certain conditions of service of working journalists and other persons employed in news paper establishments. A working journalist means a person whose avocation is that of a journalist either whole time or part time and includes an editor writer, news editor sub-editor, reporter, correspondent cartoonist, news photographer and proof reader but does not include managers and supervisors. The Act also deals with hours of work and no working journalist shall be required to work in any newspaper establishment for more than 144 hours during any period of four consecutive weeks inclusive of the meals time.

Similarly, working journalists are also entitled for Earned Leave and medical leave. The minimum rates of wages for the working journalists are prescribed by the central government by constituting a wage board if required. Similarly, the central government can also constitute a wage board for fixing or revising the wages in respect of non-journalist news paper employees.

30. EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959.

The object of the Act is to provide for the compulsory notification of vacancies of employment exchanges:

Establishment in private sector” means an establishment which is not an establishment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration.

The employer in every establishment in public and private sector in that state or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed. Similarly, at least 15 days before the applicants will be interviewed, a notification should be given to the concerned employment exchange about the vacancies and thereafter the result of selection should also be intimated within 15 days after the selection.

The Act does not apply to any employment in agriculture, horticulture, any employment in domestic service, any employment in which the total duration is less than three months, any employment to do unskilled office work and any employment connected with the staff of parliament. similarly, vacancies in any employment which carries a

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remuneration of less than sixty rupees in a month.

Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub-section.

Every employer should also submit quarterly returns in Form ER-I and biannual return in Form ER-II within 30 days by 30 th June, 31st March, 30th September and 31st December.

If any employer contravenes the provisions of the Act, only fine will be imposed and no imprisonment is prescribed under the Law.

31. THE MINES ACT, 1952.

This Act was made to amend and consolidate the law relating to the regulation of labour and safety in mines and it applies to whole of India. However, some of the provisions of the Act do not apply to any mine or part thereof in which excavation is being made for prospecting purpose only and not for the purpose of obtaining the minerals for use or sale, provided that not more than 20 persons are employed in connection with such excavation.

Before commencement of any mining operation, the owner, agent or manager of the mine shall give one month prior notice about the commencement of mining operations. In every mine effective arrangements shall be made to provide and maintain drinking water, conservancy, medical appliances etc.

In case of any accident causing death or serious body injury or in any other case of accident, a notice should be given to the concerned authority and also to be displayed on the notice board.

No adult employed above ground in a mine shall be allowed to work for more than 48 hours in any week or more than nine hours in any day. Similarly, no adult shall be employed below the ground mine for more than 48 hours in any week or more than eight hours in any day. No woman worker shall be allowed in any part of mine below the ground. Further, When leave is allowed for a person employed in a mine for not less than four days, he should be paid the wages due for the period of the leave allowed.

Complied By.

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C. NIRANJAN RAOB.COM, D.P.M, LLM.

Advocate Office: Manasa Enclave

Flat # 4, HIG – II, Block # 22, Baghlingampally, Hyderabad – 500 044

Ph (O): 040 – 66827291, Mobile: +91 98480 50875E-mail: niranjanraoassociates@gmail.com

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