BRIEF INTRODUCTION OF SOME LABOUR ACTS

 

EMPLOYEES PROVIDENT FUND & MISC. PROVISIONS ACT

 The Employees’ Provident Funds and Miscellaneous Provisions Act, provides for compulsory contributory fund for the future of an employee after his/her retirement or for his/her dependents in case of his/her early death. Its applicability: It extends to the whole of India except the State of Jammu and Kashmir and is applicable to: a) every factory engaged in any industry specified in Schedule 1 in which 20 or more persons are employed; b) every other establishment employing 20 or more persons or class of such establishments which the Central Govt. may notify; c) any other establishment so notified by the Central Government even if employing less than 20 persons. Every employee, including the one employed through a contractor (but excluding an apprentice engaged under the Apprentices Act or under the standing orders of the establishment and casual laborers), who is in receipt of wages up to Rs.15,000/- p.m., shall be eligible for becoming a member of the funds.

 

EMPLOYEES STATE INSURANCE CORPORATION ACT

Employees’ State Insurance Corporation (“ESIC”) is a statutory corporate body set up under the ESI Act 1948, which is responsible for the administration of ESI Scheme. The ESI scheme is a self-financed comprehensive social security scheme devised to protect the employees covered under the scheme against financial distress arising out of events of sickness, disablement or death due to employment injuries. The ESI scheme is applicable to all factories and other establishments as defined in the Act with 10 or more persons employed in such establishment and the beneficiaries’ monthly wage does not exceed Rs 21,000 are covered under the scheme. Whether the employer has employed 10 or more employees, all employees employed by the employer directly or indirectly.

 

PAYMENT OF GRATUITY ACT

The Act is applicable, to factories, mines, oil fields, plantations, ports, railways, motor transport undertakings, companies, and to shops and other establishments, Employing 10 or more workmen. The Act provides for payment of gratuity at the rate of 15 days wage s for each completed year of service subject to a maximum of Rs. ten lakh. In the case of seasonal establishment, gratuity is payable at the rate of seven days wages for each season. The Act does not affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. Central Government is the Appropriate Government in relation to an establishment belonging to or under the control of the Central Government or having branches in more than state or an establishment of a factory belonging to or under the control of Central Government or of a major port, oilfield railway or mine.

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PAYMENT OF BONUS ACT

The payment of bonus act extends to the whole of India. The Provision of this act shall apply to the factory defined in clause (m) of section 2 of the factories act 1948 every other establishment in which 20 or more persons are employed on any day during an accounting year, The act to also apply to public sectors in certain cases. If in any accounting year an establishment in public sector sells any goods produce or manufacture by it or render any services in competition with an establishment in private sector and the income such sale or services or both is not less than 20% of the gross income of the establishment in private sector for that year then the provision of such act shall apply to such establishment in public sector. Otherwise nothing in this act shall apply to employees employed by any establishment in public sector. The payment of bonus act applies to the person employed in every factory and establishment employing not less than 20 persons on any day during an accounting year.  The establishment covered under the act shall continue to pay bonus even if the number of employees falls below 20 subsequently.

THE MATERNITY BENEFITS ACT, 1961

This act applies to every establishment. The establishment includes a factory, mine or plantation including any such establishment which belongs to the government wherein persons are employed for the exhibition of equestrian, acrobatic and other performances. The establishment gets attracted with the provisions of the maternity benefit act if the no of employees in the establishment reaches or crosses the figure of 10 employees. 

Any women employee shall be entitled to maternity benefit, provided she must have worked for not less than 80days in the previous 12 months immediately preceding the date of her expected delivery in an establishment of an employer from whom she is claiming maternity benefit. She shall be entitled amount for the amount of maternity benefit for a maximum period of 12 weeks out of not more than 6 weeks shall precede the expected date of delivery. She shall also be allowed leave for an additional period of 1 month which is for the illness arising out of pregnancy. Every woman shall also be entitled to medical bonus of Rs.2500/- to Rs.3500/- from 09.12.2011 onwards.

 

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