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Some Labour Laws:
–Arbitration Act, 1940 –Apprentices Act, 1969 –Bonus Act –Constitution of India –Defence of India Rules –Dock Workers Regulation of Employment Act –Emigration Act

Some Labour Laws…2
•Employees PF Act •Employees State Insurance Act, 1948 •Employees Family Pension Scheme… •Employment Exchanges… •Employment of Children Act, 1938 •Essential Services Maintenance Act… •Factories Act, 1948 Industrial Disputes Act, 1947 •Industrial Relations Act, 1971 •Labour Welfare Fund Acts…

•Lok Adalats •Maternity Benefits Act, 1961 •Mines Acts… •Minimum Wages Act, 1948 National Commission on Labour – 1 & 2
–1969 and 2002

•Payment of Gratuity Act, 1976… •Payment of Wages Act, 1936 •Plantation Labour Act, 1951 •Shops and Establishments Acts… •Trade Unions Act, 1913… •Workmen’s Compensation Act, 1923

THE EMPLOYEES PROVIDENT FUND

The Background
IRLL 2006 Provident Fund Legislation 6

•Protection of workers against loss of income due to old age and invalidity …. •Began with Private employers, later Govt •PF, Gratuity and Pension on ad hoc basis •Provident Funds Act, 1925 – enacted by GOI •Only for Govt, Railway, local authorities etc •RCL 1931 – provisions against old age …. •Govt to encourage employers to launch schemes for their employees……..

Proposals for Model PF Rules
IRLL 2006 Provident Fund Legislation 7

•Prop’l before 3rd Lab Min Conference 1942 •Model Rules placed before 5th Conf 1943 •Also to Standing Labour Comm. In 1944 •No final decision taken at this stage….. •Coal Mines PF/ Bonus Schemes Act, 1948 •Workers’ P F Bill 1948 •Employees’ PF Act, 1952 – after discussions at several stages …….

OBJECTIVES:
•To induce employees to save a portion of their present earnings for a rainy day.

•Provide for the institution o provident funds for employees in factories and other establishments
04/25/09 8 IRLL - Labour Laws

APPLICATIONS:
•Factory wherein 20 or more persons are employed •Other establishments in which more

than 20 persons are employed – the central government may specify such establishments

•Mutual agreement of employer and majority of the employees

HOW DOES THE SCHEME WORK?
EPF – Personal Records

•Every employer is required to maintain Personal Files in respect of the employees: •Duly filled and signed application form along with passport size photograph •Age Certificate •Doc’s pertaining to earlier employment… •Appointment Letter •Any other document pertaining to the employee
04/25/09 IRLL - Labour Laws 11

P F Act…
•PF Remittance shall be made on or before 15th •Mly returns in form 5, 10 and 12A along with

triplicate copy shall be submitted before 25th •Nomination Forms in F No. 2 in respect of new employees shall be submitted along with mly… •Annual Returns in Form 6A alongwith 3A shall be submitted on or before 30th April •PF shall be calculated on Basic and DA…the ceiling limit being Rs. 6,500/04/25/09 IRLL - Labour Laws

THE PAYMENT OF GRATUITY ACT, 1972
Gratuity is a kind of retirement benefit, like provident fund or pension.

•It is a payment intended to help the employee after his retirement. The general principle underlying gratuity schemes is that by faithful service over a long period the employee is entitled to claim a certain benefit. Thus it is earned by an employee as a reward for long and meritorious service. The Act was passed in 1972 by parliament. It has been amended to keep up with the times.
04/25/09 14 IRLL - Labour Laws

OBJECTIVE
•Prior to 1972, various states had enacted their own gratuity laws. It became necessary, therefore, to have a Central Law so as to ensure a uniform pattern of gratuity to the employees

throughout the country. (Also, to avoid different treatment to the employees of establishments having branches in one or more states).
04/25/09 15 IRLL - Labour Laws

COVERAGE
•The Act provides for a scheme of compulsory payment of gratuity by managements o
f

factories, mines, oilfields, plantations, ports, railways, shops and other establishments employing 10 or more persons in the event of super-annuation, retirement, resignation and death or disablement due to accident or disease. In case of death of the employee, gratuity payable to him will be payable to his nominee or if no nomination is made, it will be paid to his heirs.
04/25/09 16

AMOUNT OF GRATUITY
•It is calculated at the rate of 15 days salary for every year of completed service, subject to a maximum of Rs. 3,00,000. 15 days salary is calculated on the basis of a 26- day month. •The employer should arrange to pay the amount of gratuity within 30 days from the date it becomes payable to the person to whom the gratuity is payable.
04/25/09 17 IRLL - Labour Laws

FORFIETURE OF GRATUITY

•The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
04/25/09 18 IRLL - Labour Laws

PAYMENT OF WAGES ACT, 1936

[Act No. 4 of Year 1936

Payment of Wages Act …
04/25/09 IRLL - Labour Laws 20

•1. Short title, extent, commencement and application

(1) This Act may be called the Payment of Wages Act, 1936. 2[(2) It extends to the whole of India 3[* * *]]. (3) It shall come into force on such 4[date] as the Central Government may, by notification in the Official Gazette, appoint.

Sections 4 & 5
04/25/09 IRLL - Labour Laws 21

•(4) It applies in the first instance to the payment of wages to persons employed in any 5[factory, to persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration, 6[and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2.]

(5) The State Government may, after giving three months’ notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of 7[this Act] or any of them to the payment of wages to any class of persons employed in 8[any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of section 2]:

PAYMENT OF WAGES ACT, 1936

[Act No. 4 of Year 1936]

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Indian Industrial Relations Laws
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