personal law-final

8/7/2019 Personal Law-Final

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PERSONAL LAW


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GROUP INTRODUCTION

Roll. No. Name Topic Name

2ShashankAmburle

EPF Act/purpose and itscomposition

6 Praful Dhamankar PF working and its administration(challan preparation)

8 Rupesh DolasEmployment Exchange Act in nutshell

10 Nitin GhodkeEmployment of Children Act innut shell

25 Sagar Narkar Job Evaluation and its process

27 Ashish RukeShops and Establishment in a nutshell


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EMPLOYEE PROVIDENT

FUND ACTPURPOSE AND ITS COMPOSITION


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THE EMPLOYEES PROVIDENT FUNDS, 1952

It is compulsory contributory fund for the future of an employee after

retirement or for his dependents in case of his early death.

Act is applicable to all states ofIndia except Jammu and Kashmir

Enacted to provide a kind of social security to the industrial

employers.

The Act provides for payment of terminal benefits in various

contingencies like

1. Retrenchment

2. Closure

3. Retirement on reaching the age of superannuation,

4.Voluntary retirement and retirement

5. Family Pension

6. Deposit Linked Insurance

INTRODUCTION


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HISTORY OF THE ACT

The Employees Provident Funds Ordinance, 1951 waspromulgated by the President ofIndia under the constitution inNovember, 1951. A scheme under the Act was framed by theCentral Government in September1951.

In exercise of the powers conferred by Section 6-A of theEmployees Provident Fund Act,1952 , the Central Government hasmaid Employees Family Pension Scheme in 1972. It may befurther observed that in exercise of powers conferred by Section6-C of the Employees Provident Fund Act, 1952, the Central

Government has made Employees Deposit linked InsuranceScheme in 1976.


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ELIGIBILITY

Every industry employing 10 or more persons (180 industries arespecified in Schedule 1 of the Act).

Every industry employing 10 or more persons which the CentralGovt. may notify .

Any other establishment notified by the Central Government evenif employing less than 10 persons.

Every employee employed directly / through a contractor who is inreceipt of wages are eligible to become a member of the fund.

Irrespective of permanent / probationary employees, all employeesare eligible for joining the PF scheme from the date of joining theservice.

A member can contribute voluntarily more than statutorily

prescribed rate (up to 100% of basic salary) which will betransferred to his PF A/c .


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PURPOSEOFEPF

The Employees Provident Fund Act, 1952 was brought on thestatute book for providing for the institution of provident fund forthe workmen in factories and other industrial establishments.

The basic purpose of the Act was to provide provident funds and tomake provision for future of the workmen after his retirement or

his dependents in case of his early death. In order to achieve this ultimate object the Act is designed to

cultivate among the workers a spirit of saving something regularlyand also to encourage stabilization of a steady labour force in theindustrial centers.


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PROVIDENT FUNDWORKING & ADMINISTRATION WITH CHALLAN

PREPARATION


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INTRODUCTION

PF is only deducted from Basic Salary and the contribution is12% of basic salary from employer & employee's side.

i.e. = (Basic + Dearness allowance ) * 12%

Out of 12% contributed from employer, 8.33% goes toPension fund where as the rest 3.67% goes to the PF funditself.


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PAYMENT OF CONTRIBUTION

Form No. DescriptionContribution

(%)

A/c-1EPF EMPLOYERS 12% + EMPLOYEES

3.67%15.67 %

A/c-2 EPF ADMIN CHARGES 1.10 %

A/c-10 EPS EMPLOYEES 8.33 %

A/c-21 EDLI 0.50 %

A/c-22 EDLI ADMIN CHARGES 0.01 %

TOTAL 25.61 %


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CHALLANPREPARATION


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EMPLOYMENT EXCHANGE

ACTIn Nutshell


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ACTDEPENDSON

Employee

Employer

Employment Exchange

Establishment

Establishment in public sector

Establishment in private sector

Unskilled office work


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VACANCIESWHICHARETO BENOTIFIED

Carrying a basic pay of Rs.1400/

Employer may desire to be circulated

Other Vacancies in Local Employment Exchange


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FORMAND MANNER OF NOTIFICATION OF

VACANCIES

Notified in writing to the appropriate Employment Exchangeon the following format


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ACT NOT TO APPLY IN RELATION TO

CERTAIN VACANCIES

Employment in agriculture

Employment in domestic service

Duration less than three months.

Unskilled office work

Staff of parliament

Vacancies which are proposed to be filled through promotion

remuneration of less than sixty rupees in a month


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OTHER TERMS

Submission of returns

Officer for purpose of Section-6

Prosecution under the Act

TIMELIMIT FOR THENOTIFICATION OF

VACANCIES

Local Employment :- at least 15 days before

Central Employment Exchange :- at least 60 days time

Within 15 days from the date of selection


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THE CHILD LABOUR

(PROHIBITION AND

REGULATION) ACT

(ACT NO. 61 OF 1986)


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INTRODUCTION

An Act to prohibit the engagement of children in certainemployments and to regulate the conditions of work ofchildren in certain other employments.

Be it enacted by Parliament in the Thirty-Seventh Year ofthe Republic ofIndia as Act may be called as the ChildLabour (Prohibition and Regulation) Act, 1986.


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PROHIBITION OFEMPLOYMENT OF

CHILDREN S

Prohibition of employment of children in certainoccupations and processes. No child shall be employed orpermitted to work in any of the occupations set forth inPart

A of the Schedule or in any workshop wherein any of theprocesses set forth in Part

B of the Schedule is carried on:

Provided that nothing in this section shall apply to anyworkshop wherein any process is

carried on by the occupier with the aid of his family or to

any school established by, or

receiving assistance or recognition from, Government.


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PENALTIES

Whoever employs any child or permits any child to work incontravention of the provisions of section 3 shall bepunishable with imprisonment for a term which shall notbe less than three months but which may extend to one

year or with fine .

There are some general conditions which apply to theemployment of children.

Minimum age :- The minimum age of employment of a childpermitted by the Act is generally 13 years.

(by his/her parents) or in the entertainment industry.Employment not to be during school hours


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JOB EVALUATION AND ITS

PROCESS


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OVERVIEW

It is a Technique to rank jobs in an organization on the basisof the duties and responsibilities assigned to the job.

The job evaluation process results in a job being assigned toa pay grade.

The pay grade is associated with a pay range that is definedby a minimum and a maximum pay rate.


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PROCE SS I

The factors are selected depending upon the type of jobs to beevaluated.

The factors are grouped by the four factors defined in the EqualPay Act of 1963.


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PROCE SS II

In the job evaluation process is to collect information about eachjob to be evaluated.

This can be done using a job analysis questionnaire, jobdescriptions, observation and interviews with employees andsupervisors.


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PROCE SS III

In the process is to systematically rate each job based onthe job evaluation factors selected.

The points assigned for each of the factors are totaled foreach job.

Table 2 illustrates how the factors are subdivided bydegrees.

The degrees define the extent that the factor is found in thejob.

Table 3 illustrates the evaluation of a job.


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PROCE SS IV

Is to select the benchmark jobs from the jobs that havebeen evaluated.

The benchmark jobs are those jobs commonly found inmost organizations and are typically included in salarysurveys.

The benchmark jobs connect the internal pay structure withthe external labour market.


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SHOP AND ESTABLISHMENTIn Nutshell


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VARIOUSESTABLISHMENT UNDER THEACT

Shops

Commercial Establishment

Residential hotels

Restaurants

Eating houses

Theatres


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OBJECT

The main object of the act is a regulate the workingconditions of the people employed in various establishment

The main concern is hygienic and health aid welfare of thepeople employed in various establishment

It applicable to whole of Maharashtra

This provision is applicable for in local areas which having thepopulation of 25000 and more or less than 25000

SCOPE


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PROCEDURETO REGISTRATION OFESTABLISHMENT

Section7

Registration of Establishment

Section8

Changes to be communicated to the inspector

Section9

Closing of establishment to be communicated to theinspector


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OPENING AND CLOSINGHOURS OF SHOPS

The state govt. has fixed later opening hours for differentclasses of shops or for different areas.

No commercial establishment shall be opened earlier than8.30 a.m. and closed later than 8.30p.m.


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PUNISHMENTS

Contravention of certain provision and offence

False entries by employer & manager

Penalty for obstructing inspector.


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