procedure under labour laws

8/7/2019 Procedure Under Labour Laws

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PROCEDURE UNDER LABOUR LAWS

Sl.No.

Details of Acts & Rules

Benefits & Remediesavailable to Workers

To which authoritythe worker has toapply for remedy

Who has to apply,documents to beenclosed, Time

Limit prescribed

Time Limitto pass

order bythe

authority

If aggrieved to whomappeal has to bemade, time limit

1 The TamilNadu Shops &Establishment Act, 1947

1) Regulated working Hours,Double Wages for over Time,Weekly Holiday and issue of Service Book.

2) A worker who hascompleted six months service,

on termination, may prefer anappeal for remedy.

Assistant Inspector of Labour

Regional DeputyCommissioner of Labour

Deputy Commissioner of Labour (Appeal),Chennai

Worker

No time limit

Within 30 days fromthe date of termination. (onreasonable grounds

belated applicationsmay also beaccepted)

No timelimit

No timelimit

Inspector of Labour/RegionalDeputy Commissioner of Labour

No time limit

High Court, Chennai

2 The Tamilnadu CateringEstablishments Act, 1958

1) Double Wages for Over Time, Weekly Holiday,Annual Leave, issue of Service Book & grant of

National & Festival Holidays.


Worker

No time limit

No timelimit


No time limit


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2) A worker who has workednot less than 120 days duringthe period of Six MonthsService, on termination may

prefer an appeal for remedy

Labour Officer inDistricts

Within 30 days fromthe date of termination. (onreasonable grounds

belated applicationsmay also beaccepted)

--

High Court, Chennai.

3 The Motor Transpot WorkersAct, 1961

1) Overtime wages, WeeklyHoliday, Issue of Leave Book,Individaul Control Book andUniforms

2) Grant of National &Festival Holidays

Deputy Inspector of Labour

Worker

No time limt

-- Inspector of Labour/RegionalDeputy Commissioner of Labour

4 The Beedi & Cigar Workers(Conditions of Employment)Act, 1966

1) Double Wages for Over Time, weekly Holiday, issueof Service Book, Leave Book.

2)Settling the Grievances in


Worker

No time Limit

--



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the issuance of Raw Materialslike Beedi Leaves & Tobacco.

3)Settling the Grievances inthe rejection of finished Beedi& Cigar

Assistant Inspector of Labour / Inspector of Labour

Worker within 30days

--


5 Plantations Labour Act, 1951. 1) Over Time Wages, WeeklyHolidays, Annual Leave withWages, issue of Service Book and Leave Book.

2) Provision of Housing,Medical, Educational,

Recreation and Crechfacilities to Workers & their families.

Inspector of Plantations

Inspector of Plantationand Assistant Surgeon(Plantations)

Worker or Workersrepresentative

Worker or Workersrepresentative

--

--

Regional DeputyCommissioner of Labour or Chief Inspector of Plantations, Chennai.6

6 The Working Journalists andother Newspaper Employees(Conditions of Service andMiscellaneous Provisions) Act,1955.

1) Payment of Wages fixed bythe Wage Board.

2) Grant of Leave / Holidays.

3) Appeal against Non-

Inspector of Labour /Government

Inspector of Labour

Labour Officer in

Worker

Worker

--

--

--

Regional DeputyCommissioner of


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Employment

Districts

Worker

--

Labour

--

7 The Tamil Nadu IndustrialEstablishments (National &Festival Holidays) Act, 1958.

Grant of National and FestivalHolidays to the Workersworking in Shops andEstablishments, Plantations,Beedi & Cigar Establishmentsand the ScheduledEmployments under Minimum Wages Act.


Inspector of Plantationsin respect of plantations

Worker -- In respect of plantations, RegionalDeputyCommissioners of Labour and for othersInspectors of Labour and Regional DeputyCommissioners of Labour.

8 The Child Labour (Regulation& Abolition) Act, 1986.

1) Prohibition of Employmentof child labour in Hazardous

Nature of work

2) Regulation of Employmentof Child Labour in Non-Hazardous Nature of Work like

i) Restriction of Workinghours to Five Hours per day

ii) Children should not beallowed to work between 7


Worker / Public

--

--

Inspector of Labour /Regional DeputyCommissioner of

Labour


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pm to 8 am.

iii) Grant of WeeklyHoliday

--

--

--


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9 The Maternity Benefit Act,1961 Grant of Maternity Leave &Sick Leave, Terminationwhile Pregnancy / Delivery,Extracting Hard Work whilePregnancy, Payment of Maternity Bonus.

In respect of Plantationsthe Inspector of Plantations.

For others, assistantInspectors of Labour,Inspectresses of Labour,Coimbatore Tirunelveliand Chennai

Worker -- In respect of Plantations, Chief Inspector of Plantations,Chennai.6 For others,Inspectors of Labour and Regional DeputyCommissioners of Labour.

10 The Equal Remuneration Act,1976

Payment of Equal Wages for both the Sex (Male andFemale) in one and the sameEmploynment

--

11 The Minimum Wages Act, Payment of Minimum Wages In respect of Complaints by the Regional Deputy


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12 The Payment of Wages Act,

19361) Payment of Wages on thedue date.

2) Unauthorised Deductionsfrom Salary

In respect of Plantations, Inspector of Plantations. Motor Transport DeputyInspectors of Labour.For others, AssistantInspectors of Labour.

Claim Petitions to befiled before RegionalDeputy Commissionersof Labour, Time Limitwith in one year.

Worker

By Worker, hisauthorisedRepresentative,Inspectors under theAct.

-

-

Regional DeputyCommissioners of Labour

High Court, Chennai

13 The Payment of Gratuity Act,1972

Payment of Gratuity toWorkers

Assistant Commissioner of Labour in the Officeof the DeputyCommissioner of Labour

By worker,authorised workers

Nominee/Legal heirsin Form N within90 days. On

No timelimit

For Madurai andCoimbatore Zones,the respective JointCommissioners of Labour. For Chennai


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sufficient groundsdelayed petitionsmay also beaccepted.

Zone, the DeputyCommissioner of Labour(Appeal)Chennai.6.

14 The Payment of Bonus Act,

1965Payment of Bonus to WorkersAssistant Commissioner

of Labour in the Officeof the DeputyCommissioner of Labour

Worker - Labour Court or Government

15 The Tamilnadu Payment of Subsistance Allowance Act,1981

Payment of SubsistenceAllowance to the Workersunder Suspension

Assistant Commissioner of Labour in the Officeof the DeputyCommissioner of Labour

By Worker in Form No.3. By theAuthorisedRepresentative of theworker or the LegalHeir of the worker inForm No.4.

- Regional DeputyCommissioners of Labour / DeputyCommissioner of Labour (Appeal),Chennai.6.

Time Limit 60 days16 The Tamilnadu Industrial

Establishments (Conferment of Permanent Status to Workmen)Act, 1981.

Conferment of PermanentStatus to workmen who haveworked not less than 480 dayswithin a period of 24Calendar Months

In respect of Plantations, Inspectorsof Plantations. For others (Other thanFactories) Inspectors of Labour.

Worker - High Court, Chennai

17 The Industrial Disputes Act,1947

1) Termination of a Worker who had worked not less than240 days in a period of 12

months (See.2A)

2) Other Industrial Disputes(See.2K)

Conciliation Officers(Labour Officer /Assistant Commissioner

of Labour)

Worker

-

Labour Court


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Trade Union

-

If no settlement isarrived, Governmentmay refer the disputeto Labour Courts.

18 The Workmen CompensationAct, 1923

Payment of Compensationdue to Fatal Accident,Permanent / Temporarydisablement, Occupationaldisease


( Commissioner for WorkmenCompensation)

By worker / HisDependants within 2years.

By worker in Form.F

By Dependants inForm.G

On Sufficientgrounds belatedapplications mayalso be accepted.

- High Court, Chennai

19 The Tamilnadu Labour WelfareFund Act, 1972.

Various Welfare Schemesimplemented by the Tamil

Nadu Labour Welfare Boardlike

The Secretary,Tamilnadu Labour Welfare Board,Chennai.6.

The Worker whohave subscribed tothe Labour WelfareFund

- -


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1) Tailoring Centres

2) Creches

3) Reading Rooms

4) TB wards in Govt.Hospitals

5) Rest Houses

6) Holiday Homes

7) Payment of Tution Fee andExam Fee for typewriting /

shorthand.

8) Scholarship for the professional courses.

9) Book-bank scheme.

10) Issue of Spectacle,hearing aids, Tri-Cycle,Artificial limbs.

11) Payment of FuneralExpenses Rs.500/-

12) Payment of Gift to thechildren who have come firstand second rank in 10th and


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Standard

5) Payment of Rs.1000/- for the marriage expenses of thefirst two children.

21 The Standards of Weights andMeasures (Enforcement)Act,1985.

The Standards of Weights andMeasures (PackagedCommodities) Rules, 1977.

1) Defective Weights &Measures used in TradingPremises.

2) Short delivery of Goods(Short Weighment andMeasurement)

1) Failure to display thefollowing declarations on packages kept for sale

i) Name & address of theManufacturer / Packer

ii) Name of the commodity

iii) Net contents

iv) Maximum Retail Price

v) Manufacturing Date

vi) Selling the packaged for

Assistant Inspector of Labour / Inspector of Labour / RegionalDeputy Commissioner of Labour

By any person - Deputy Commissioner of Labour (Inspection), Chennai


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more than the marked price.

THE PROCEDURES FOR OBTAINING LICENCES AND REGISTRATION CERTIFICATES FROM THE LABOUR DEPARTMENT


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Sl.No.

Act & Rules

The Form in whichApplication to be

made

Authority to whomapplication to be made

Details of Fees to be paidNo. of Workers Fees

1 The Motor Transport Workers Act,1961 and the Rules made thereunder

i) To obtain Registration Certificate

ii) For Renewal (The Applicationshould be made within 30 days beforethe expiry of the Current Year)

Form No.1 inDuplicate


The Chief Inspector of Motor Transport, Chennai-6

Through respective DeputyInspector of Labour

The Inspector of Labour (Through the Deputy Inspector of Labour)

Upto 10 workers 50.00Above 10 upto 25 110.00Above 25 upto 50 220.00Above 50 upto 100 450.00

Above 100 upto 250 1100.00Above 250 upto 500 2200.00Above 500 upto 750 3300.00Above 750 upto 1000 4500.00Above 1000 6750.00

2 The Tamil Nadu CateringEstablishment Act 1958 and the Rulesmade thereunder

i) To obtain Registration Certificate

ii) For Renewal

(The application should be made before the expiry of the Current year)





Upto 5 30.00Above 5 upto 10 60.00Above 10 upto 20 120.00Above 20 upto 50 300.00Above 50 upto 100 600.00Above 100 1500.00

3 The Contract Labour (Regulation &Abolition) Act, 1970 and the Rulesmade thereunder

(For the establishments other than factories)

Upto 20 100.00Above 20 upto 50 200.00Above 50 upto 100 500.00


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i) By the principal employer

To obtain Registration Certificate(Registration Certificate need not berenewed)

ii) By Contractor

a) To obtain Licence

Form No.1

Triplicate

The Assistant Commissioner of Labour in the office of theRegional DeputyCommissioner of Labour

Inspector of Labour

Above 100 upto 200 1000.00Above 200 upto 500 2000.00Above 500 3000.00

Upto 20 Workers 50.00Above 20 upto 50 75.00Above 50 upto 100 100.00Above 100 upto 200 150.00Above 200 upto 500 250.00Security Deposit at the rate of Rs.50/- toeach contract worker shall also be paid.(Fees as above) (For Renewal SecurityDeposit need not be paid)

4 The Plantation Labour Act, 1951 andthe rules made thereunder.

To obtain Registration Certificate(Need not be renewed)


Inspector of Plantations

Upto 10 Hectares 50.00Above 10 upto 20 100.00Above 20 upto 50 200.00Above 50 250.00

5 The Beedi & Cigar Workers(Conditions of Employment) Act, 1966and the Rule made thereunder

i) To obtain licence

Workers With HorsePower

WithoutHorsePower

Upto 10 45.00 30.00Above 10 upto 90.00 60.00


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ii)For Renewal

The application should be made within



20Above 20upto 50

240.00 150.00

Above 50 upto100

450.00 300.00

Above 100 upto250

900.00 750.00

Above 250 1650.00 1500.00

6 The Standards of weights andMeasures9Enforcement) Act, 1985 andRules male thereunder

1) To obtain Manufacturer License

2) To obtain Dealers License

3) To obtain Repairer License

4) Renewal of Manufacturer Licence

5) Renewal of Dealer Licence

Form LM 1

Form LD 1

Form LR 1

Controller of Legal Metrology,Chennai.6 Through theAssistant Inspector of Labour.

Inspector of Labour, ThroughAssistant Inspector of Labour

Manufacturer Licence Fee

Dealer Licence Fee

Repairer Licence

(In respect of Repairer Licence Security Deposit of Rs.200/- shall also beremitted)

Renewal fee for Manufacturer Licence

Renewal fee for Dealer Licence

500.00

100.00

100.00


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6) Renewal of Repairer Licence

( Renewal Application should be madewithin 30 days before the expiry of theCurrent year)

Form LM 2

Form LD 2

Form LR 2

Renewal fee for Repairer Licence

500.00

100.00

100.00

7 The Standards of Weights and

Measures (Packaged Commodities)Rules, 1977

To obtain Registration Certificate bythe Manufacturer/Packer of thePackaged Commodities

(Registration Certificate need not berenewed)

One has to apply withthe following

particulars:-

1) Name & FullAddress of theManufacturer/ Packer

2) Place of Manufacturer

3) Details of PackagedCommodities

If the Marketing is within theState:- Controller of LegalMetrology, Chennai.6

If the Marketing is in more thanone State :-

Director of Legal Metrology,12-A,ZamNagar, NewDelhi- 110 011

Registration Fee Rs. 20.00

procedure under labour laws

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