• About the book
• Chapterization

Introduction

Primary Objective of the Act

Applicability

Definitions

Section 18. Apprentices are trainees and not workers

Section 3. Qualifications for being engaged as an apprentice

Section 4. Contract of apprenticeship

Section 11. Obligation of employers

What are the Responsibilities of an Employer

Section 12. Obligations of apprentices

What are the Duties of an Apprentice

Section 14. Health, safety and welfare of apprentices

Section 15. Hours of work, overtime, leave and holidays

Section 16. Employer’s liability for compensation for injury

Section 18. Apprentices are trainees and not workers

Section 21. Conducting the Test and Grant of Certificate and Conclusion of

Training

What is the Commencement Date of Apprenticeship Training

Registration

Termination of Contract

Common Misuses of Apprentice Act

Legal Role of Apprentices

Settlement of Disputes

Amendment to the Apprentices Act—Significant Changes

Why Should Employers Encourage Apprenticeship

Conclusion

Child and Adolescent Labour

(Prohibition and Regulation) Act, 1986

Introduction

Definition of Child Labour

Causes of Child Labour

Constitutional Safeguards against Child Labour

Salient Features of The Child Labour (Prohibition and Regulation) Act, 1986

Aims and Objects, Extent and Commencement

Definition Clause (Section 2)

Section 3—Prohibition of employment of children in any occupation and process

Section3A—Prohibition of employment of adolescents in certain hazardous occupations

and processes

Section 4—Power to amend the Schedule

Section 5—Child Labour Technical Advisory Committee

Section 6—Application of Part

Section 7—Hours and period of work

Section 8—Weekly holidays

Section 9—Notice to inspector

Section 10—Disputes as to age

Section 13—Health and safety

Part IV - Miscellaneous

Section 14—Penalties

Section 14A—Offences to be Cognizable

Section 14B—Child and Adolescent Labour Rehabilitation Fund

Section 14C—Rehabilitation of rescued child or adolescent

Section 14D—Compounding of offences

Conclusion:

Contract Labour (Regulation and Abolition)

Act, 1970

Introduction

Reasons for the enactment of Contract Labour (Regulation and Abolition) Act, 1970

Objectives of the Act

Application of the Act

Definitions

The Advisory Boards

Section 3. Central Advisory Board

Section 4. State Advisory Board

Section 5. Power to constitute committees

Registration of Establishments Employing Contract Labour

Section 6. Appointment of registering officers

Section 7. Registration of certain establishments

Section 8. Revocation of registration in certain cases

Section 9. Effect of non-registration

Section 10. Prohibition of employment of contract labour

Main issue regarding contract labour which the judiciary dealt with

The issue of Article 19 (l)(g)

Section. 15. Appeal

Welfare and Health of Contract Labour

Section 16. Canteens

Section 17. Rest-rooms

Section 18. Other facilities

Section 19. First-aid facilities

Section 20. Liability of principal employer in certain case

Section 21. Responsibility for payment of wages

Penalties and Procedure

Section 22. Obstructions

Section 23. Contravention of provisions regarding employment of contract labour

Section 24. Other offences

Section 25. Offences by companies

Section 26. Cognizance of offences

Section 27. Limitation of prosecutions

Employees’ State Insurance Act, 1948

Introduction

Origin

Applicability

Definitions

Registration

Section 2A—Registration of Factories and Establishment

Section 3—Establishment of Employees State Insurance Corporation

Section 4—Constitution of Corporation

Administration of the Act

Section 8—Constitution of Standing Committee

Section 18—Power of the Standing Committee

Section 10—Medical Benefit Council

Section 22—Duties of Medical Benefits Council

Fund

Section 26—Employees’ State Insurance Fund

Section 28—Purpose for which the Fund may be Expended

Registration

Identity Card

Contribution

Section 39—Contribution

Section 40.—Principal Employer to Pay Contributions in the First Instance

Employers’ / Employees’ Contribution

Benefits under the Scheme

Section 46. Benefits

Section 49. Sickness benefit

Section 50. Maternity benefit

Section 51. Disablement benefit

Section 52. Dependants’ benefit

Section 52A. Occupational disease

Obligations of Employers

Records to be Maintained for Inspection by ESI authorities

Employees Insurance Court

Employees’ Provident Funds and

Miscellaneous Provisions Act, 1952

Origin

Aims and Objects

Applicability

Section 5. Employees’ Provident Fund Scheme

Section 5A. Central Board

Section 5B. State Board

Section 6. Contribution and matters which may be provided for in Schemes

Section 6A. Employees’ Pension Scheme

Section 6C. Employees’ Deposit Linked Insurance Scheme

Section 7A. Determination of moneys due from employers

Section 7B. Review of orders passed under section 7-A

Appeals

Section 7D. Employees’ Provident Funds Appellate Tribunal

Section 7L. Orders of Tribunal

Penalty

Section 14. Penalties

Universal Account Number

History of Employees’ Compensation Act, 1923

Definitions

Employer’s liability for compensation

Section 3. Employer’s liability for compensation

2.       Idiopathic Injuries

3.       Going To and Coming From Work

4.       Dual Purpose Doctrine

5.       Premises Exception

6.       Proximity or Special Hazard Exception

7.       Special Errand Exception

8.       Off Duty Injuries

Equal Remuneration Act, 1976

Introduction

USA

Equal Pay Act of 1963

U.K

INDIA

Section 3. Validity over other laws or rules or regulations

Section 4. Duty of employer to pay equal remuneration to men and women workers for same

work or work of a similar nature

Section 5. No discrimination to be made while recruiting men and women workers

Section 6. Advisory Committee

Section 7. Power of appropriate Government to appoint authorities for hearing and

deciding claims and complaints

Section 8. Duty of employers to maintain registers

Section 9. Inspectors

Section 10. Penalties

Punishment

Section 11.—Offences by companies

Factories Act, 1948

History of Factory Legislation

The Factories (Amendment) Act, 1891

Objects and Reasons

Definitions

(A)     MEASURES IN REGARD TO HEALTH

Section 11. Cleanliness

Section 12. Disposal of wastes and effluents

Section 13. Ventilation and Temperature

Section 14. Dust and fume

Section 15. Artificial humidification

Section 16. Overcrowding

Section 17. Lighting

Section 18. Drinking water

Section 19. Latrines and urinals

Section 20. Spittoons

(B)     MEASURES IN REGARD TO SAFETY

Section 21. Fencing of Machinery

Section 22. Work on or near machinery in motion

Section 23. Employment of young persons on dangerous machines

Section 24. Striking gear and devices for cutting of power

Section 25. Self-acting machines

Section 26. Casing of new machinery

Section 27. Prohibition of employment of women and children near cotton-openers

Section 28. Hoists and litts

Section 29. Lifting machines, chains, ropes and lifting tackles

Section 30. Revolving machinery

Section 31. Pressure plant

Section 32. Floors, stairs and means of access

Section 33. Pits, sumps, opening in floors, etc

Section 34. Excessive weights

Section 35. Protection of eyes

Section 36. Precautions against dangerous fumes, gases, etc

Section 36A. Precautions regarding the use of portable electric light

Section 38. Precautions in case of fire

(C)     MEASURES IN REGARD TO WELFARE

Section 42. Washing facilities

Section 43. Facilities for storing and drying clothing

Section 44. Facilities for sitting

Section 45. First-aid appliances

Section 46. Canteens

Section 47. Shelters, rest rooms and lunch rooms

Section 48. Creches

Section 49. Welfare officers

Section 50. Power to make rules to supplement this Chapter

(D)     MEASURES IN REGARD TO WORKING HOURS OF ADULTS

Section 51. Weekly hours

Section 52. Weekly holidays

Section 53. Compensatory holidays

Section 54. Daily hours

Section 55. Intervals for rest

Section 56. Spread over

Section 57. Night shifts

Section 58. Prohibition of overlapping shifts

Section 59. Extra wages for overtime

Section 60. Restriction on double employment

Section 61. Notice of periods of work for adults

Section 62. Register of adult workers

Section 63. Hours of work to correspond with notice under section 61 and register

under section 62

Section 64. Power to make exempting rules

Section 65. Power to make exempting orders

Section 66. Further restrictions on employment of women

(E)     MEASURES IN REGARD TO EMPLOYMENT OF YOUNG PERSONS

Section 67. Prohibition of employment of young children

Section 68. Non-adult workers to carry tokens

Section 69. Certificates of fitness

Section 70. Effect of certificate of fitness granted to adolescent

Section 71. Working hours for children

Section 72. Notice of period of work for children

Section 73. Register of child workers

Section 74. Hours of work to correspond with notice under section 72 and

register under section 73

Section 75. Power to require medical examination

Section 76. Power to make rules

Section 77. Certain other provisions of law not barred

(F)     MEASURES IN REGARD TO ANNUAL LEAVE WITH WAGES

Section 78. Application of Chapter

Section 79. Annual leave with wages

Section 80. Wages during leave period

Section 81. Payment in advance in certain cases

Section 82. Mode of recovery of unpaid wages

Section 83. Power to make rules

Section 84. Power to exempt factories

(G)     PENALTIES AND PROCEDURE

Section 92. General penalty for offences

Section 93. Liability of owner of premises in certain circumstances

Section 94. Enhanced penalty after previous conviction

Section 95. Penalty for .obstructing Inspector

Section 96. Penalty for wrongfully disclosing results of analysis under section 91

Section 96-A. Penalty for contravention of the provisions of Section 41-B, 41-C and 41-H

Section 97. Offences by workers

Section 98. Penalty for using false certificate of fitness

Section 99. Penalty for permitting double employment of child

Industrial Disputes Act, 1947

Object and Historical Development of Industrial disputes legislation in India.

....... Object

Definitions

"Appropriate Government"

"Average pay"

"Award"

"Controlled Industry"

“Employer"

Industrial Establishment or Undertaking

Public Utility Service

Settlement

Wages

Industry

Introduction

Hospital.—Whether an Industry?

Liberal Professions like Solicitors, Legal Firm—Whether Industry?

Education or Educational Institutions—Whether Industry?

Municipal Corporation—Whether an Industry?

Statutory Corporations, Government Departments, Local Bodies etc.

Whether Industry?

Club—Whether Industry?

Co-operatives—Whether Industry?

Charitable Institutions—Whether Industry?

Is Government Department an Industry?

Section 2(k)—Industrial Dispute

When an individual dispute becomes an industrial dispute?

Section 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial

dispute

Workman

1.       Supervisory and Managerial work

2.       Skilled and Unskilled manual and operational work

3.       Part Time and Full Time workman

Sales man is workman:

Government Servant—Whether workman?

Teacher—Whether workman?

Unfair labour Practice

THE FIFTH SCHEDULE Unfair Labour Practices [Section 2(ra)J

I.        ON THE PART OF EMPLOYERS AND TRADE UNIONS OF

EMPLOYERS

II.      ON THE PART OF WORKMEN AND TRADE UNIONS OF

WORKMEN

Authorities under Industrial Disputes Act

Works Constitution

Section 3. Works Committee

Section 3. Composition of Works Committee

Duties and Functions of Works Committee

Conciliation Officers

Section 4. Conciliation officers

Boards of Conciliation

Section 5. Boards of Conciliation

Court of Inquiry

Section 6. Courts of Inquiry

Labour Court

Section 7. Labour Courts

Sec. 7(3). Qualification of Presiding Officer

TRIBUNAL

Section 7A. Tribunals

THE SECOND SCHEDULE Matters within the Jurisdiction of Labour Courts (Section 7)

THE THIRD SCHEDULE Matters within The Jurisdiction of Industrial Tribunals (Section 7A)

Section 7B. National Tribunals

Arbitrator

Report and Award of Labour Courts, Tribunal and National Tribunals

STRIKE and LOCK OUT

STRIKE

Cessation of work

Concerted Action

Strike as a result of industrial dispute

Kinds of Strikes

Quickie or Lighting strike

LOCK OUT

CLOSER

Prohibition of Strike and Lockouts in Public Utility Services

Prohibition of strike

Prohibition of lockout

General prohibition strike and lockouts

Illegal Strikes and Lock outs

Effect of illegal strikes

LAY-OFF AND RETRENCHMENT

Lay-Off

Badli Workman

DIFFERENCE BETWEEN THE LAY-OFF AND LAID- OFF

Retrenchment

25FFA. Sixty days’ notice to be given of intention to close down any undertaking

25FFF. Compensation to workmen in case of closing down of undertakings..

Penalty for closure without notice

Distinction between lay off and retrenchment

Offences by companies, condition of service to remain unchanged under certain conditions

Section 32. Offence by companies, etc

Section 33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings

Introduction

What are Standing Orders?

Definitions

Applicability

Section 13-B.—Act not to Ripply to certain industrial establishments

Procedure for the approval of Standings Orders

Section 3. Submission of draft standing orders

Section 5. Certification of standing orders

Section 10. Duration and modification of standing orders

Section 10-A. Payment of subsistence allowance

Section 12-A. Temporary application of model standing orders

Appeal of Standing Order

Section 6. Appeals

Offences and Penalties

Section 13. Penalties and procedure

Maternity Benefit Act, 1961

Introduction

Reason for need of Maternity Benefits

Maternity benefits and Indian Constitution

Section 2. Application of Act

Section 3. Definitions

Eligibility & Conditions for Claiming Benefits

Section 5. Right to payment of maternity benefit

Period of Benefit

Conditions

Section 5A. Continuance of payment of maternity benefit in certain cases

Section 5B. Payment of maternity, benefit in certain cases

Maternity Leave

Section 7. Payment of maternity benefit in case of death of a woman

Section 8. Payment of medical bonus

Section 9. Leave for miscarriage, etc

Section 9A. Leave with wages for tubectomy operation

Section 10. Leave for illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation]

Income

Benefits under the Act:

Free Medical Care

Protection from being dismissed

Inspector- Powers and duties

Complaint & Punishment

Conclusion

Minimum Wages Act, 1948

Introduction

Aims and Objects of the Act

Constitutional Validity of the Act

Application

Definition

Wage Structure

Minimum Wages

Components of minimum wage

Fair Wages

Living Wage

Section 3. Fixing of minimum rates of wages

Section 4. Minimum rate of wages

Section 5. Procedure for fixing and revising minimum wages

First Method [Section 5(1 )(a)]

Second Method [Section 5(1 )(b)]

Section 7. Advisory Board

Section 8. Central Advisory Board

Section 11. Minimum Wage—Whether to be paid in Cash or Kind

Section 12. Payment of Minimum Wages is obligatory on employer

Section 13. Fixing Hours for a Normal Working Day

Section 14. Payment of Overtine

Section 15. Wages of Wq>rker who works less than normal working day

Section 17. Minimum Time—Rate Wages for Piece Work

Section 18. Maintenance of Registers and Records

Section 20-21. Authority and Claims

Section 22. Offences and Penalties

Compliance under the Act

Payment of Bonus Act, 1965

Introduction

Position Prior to the Bonus Legislation

Position under the Bonus Act

Section 1. Applicability of the Act

Act not to apply to certain classes of Employees (Section 32)

Definitions (Section 2)

Section 9. Disqualification for bonus

Section 3. Establishment to include department, undertakings and branches

Section 4. Computation of gross profits

Section 6. A Prior deduction from gross profits

Section 5. Computation of available surplus

Section 10. Payment of minimum bonus

Section 11. Payment of maximum bonus

Section 12. Calculation of bonus with respect to certain employees...

Section 13. Proportionate reduction in bonus in certain cases   

Section 14. Computation of number of working days

Section 15. Set On and Set Off of Allocable Surplus

Section 18. Deduction of certain amounts from bonus payable under the Act

Section 19. Time-limit for payment of bonus

Minimum and maximum Bonus payable

Section 22. Reference of disputes under the Act

Section 28. Penalty

Section 29. Offences by Companies

Section 36. Power of Exemption

Payment of Gratuity Act, 1972

Introduction

Principle of Social Security

Constitutional Validity of the Act

Applicability of the Act

Salient features of the Payment of Gratuity Act, 1972

Definitions

Powers of controlling authority

Section 2A. Continuous service

Section 3. Controlling authority

Section 4. Payment of gratuity

Amount of Gratuity

Section 4A. Compulsory Insurance

Section 5. Power to exempt

Section 6. Nomination

Section 7. Determination of the amount of gratuity

Employer to Initiate Calculation and Notice of Payment

Section 8. Recovery of gratuity

Section 9. Penalties

Section 10. Exemption of employer from liability in certain cases

Section 11. Cognizance of offences

Section 12. Protection of action taken in good faith

Section 13. Protection of gratuity

Section 13A. Validation of payment of gratuity

Section 14. Act to override other enactments, etc

Section 15. Power to make rules

Payment of Wages Act, 1936

Historical Background

Object of the Act

Applicability

Definitions

Section 3. Responsibility for payment of wages

Section 4. Fixation of wage-periods

Section 5. Time of Payment of Wages

Section 6. Wages to be paid in current coin or currency notes or by cheque or crediting in

bank account

Section 7. Deductions which may be made from wages

Section 7(2). Deductions

Section 7(3). Limit for deductions

Section 8. Fines

Section 9. Deduction for absence from duty

Section 10. Deduction for damage or loss

Section 11. Deduction for services rendered

Section 12. Deduction for recovery of advances

Section 12A. Deduction for recovery of loans

Section 13. Deductions for payments to Co-operative Societies and Insurance Scheme

Section 13A. Maintenance of registers and records

Authorities under the Act

Section 14. Inspectors

Section 14A. Facilities to be afforded to Inspectors

Section 15. Claims arising out of deductions from wages or delay in payment of wages

and penalty for malicious or vexatious claims

Section 18. Powers of authorities appointed under section 15

Section 17. Appeal

Section 20. Penalty for offences under the Act

Trade Unions Act, 1926

Introduction

Definition and Nature of Trade Union

Section 2.—Appropriate Government

REGISTRATION OF TRADE UNIONS

Section 3. Appointment of Registrars

Section 4. Mode of Registration

Section 5. Application of Registration

Section 6. Contents of the copy of rules

Section 8. Registration

Section 9. Certificate of Registration

Section 9A. Minimum requirement about membership of a

Trade Union

Section 10. Cancellation of Registration

Section 11. Provisions pertaining in appeal

Section 12. Registered Office

Section 13. Incorporation of registered Trade Union

Section 23. Right to change its name

Section 24. Right to amalgamate

Section 21 A. Disqualifications of office-bearers of Trade Unions

Section 22. Proportion of office-bearers to be connected with the industry

PENALTIES AND PROCEDURE

Section 31. Failure to submit returns

Section 32. Supplying false information regarding Trade Unions

Section 33. Congnizance of offences