Presented by: Allen Joy

Trade Union Act, 1926

The Trade Union Act 1926 defines a trade
union as a combination, whether temporary
or permanent, formed primarily for the
purpose of regulating the relations between
workmen and employers or between
workmen and workmen, or between
employers and employers, or for imposing
restrictive condition on the conduct of any
trade or business, and includes any
federation of two or more trade unions.
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Objective of Trade Union
To attain economic security
To ventilate workers grievances to the
management
To satisfy the social need
To secure power
To improve their bargaining power
It achieves its objectives through collective
action and group effort. Negotiations and
collective bargaining are the tools for
accomplishing objectives.
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Object : To provide the registration of the
trade union and verification of the
membership of trade union so registered
so that they might acquire a legal and
corporate status
As soon as trade union is registered, it is
treated as an artificial person in eyes of the
law, capable of enjoying rights and
discharge liabilities like a natural person
Applicability : It extends to the whole of
India
The act applies not only to the unions of
workers but also to the associations of
employers
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Payment Of Wages Act,
1936
Wage means all remuneration (salary,
allowance etc..) expressed in terms of
money or capable ,be payable to a person
employed in respect of his employment or
work done in such employment
The object of the act is to regulate the
wages to certain classes of employed
persons
The act extends to the whole of India and
applies to the payment of wages to
persons employed in any factory wherein
not less than 10 persons are employed
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The objectives of the act are three fold
= To pay the wages to the employees
= To pay the wages at proper time
= To prevent unauthorized deductions
The provisions for the liability for the
payment of wages are contained in
Section 3 of the Act
Section 6 requires all the wages to be
paid in the current coin or current notes
or both
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Applicability
Any factory (a saw mill, ginning factory,
godowns, yards etc as defined in Factories
Act, 1948).
Tramway service or motor transport service
engaged in carrying passengers or good or
both by road for hire or reward.
Mine, quarry or oil-field plantation
Workshop or other establishment etc.
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Minimum Wages Act
1948
for the statutory fixing of minimum wages
to be paid to skilled and unskilled labours
Advisory committee and advisory boards
have the right to recover the balance
amount.
The minimum wages may consist of:
A basic rate of wages and a cost of living of
allowances
A basic rate of wages with or without the
cost of living allowance and the cash value of
the concessions in respect of essential
commodities supplied at concessional rates.
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Features
The act lays down the principles for fixation of
A minimum time rate of wages
A minimum piece rate
A guaranteed time rate
An overtime rate for different
occupations, localities or classes of work
and for adults, adolescents, children and
apprentices.
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Penal provisions
If any employer pays less than the minimum
wages or contravenes, he shall be
punishable with imprisonment which may
extend to six month or with a fine which
may extend to Rs 500 or with both.
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Equal Remuneration Act
1976
An act to provide for the payment of
equal remuneration to men and women
workers and for the prevention of
discrimination, on the ground of sex,
against women in the matter of
employment and for matters connected
therewith or incidental thereto.
The Equal Remuneration Act in India was
enacted to prevent discrimination
between workers on grounds of gender
applies to the whole India
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Obligations
Employer shall pay equal remuneration to
men and women workers for performing
the same work or work of a similar nature
Employer shall not reduce the rate of
remuneration of any worker for the
purpose of complying with the provisions
of this section
Employer shall not make any
discrimination while recruiting men and
women and during the period of
employment such as promotion, training
or transfer and for same work or work of
similar nature
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Complaints Under The
Act
Any compliant for discrimination in wages
due to sex, shall be made in duplicate in
form A before the concerned area Labour
Officer. Appeal can be made against the
orders of LO to ALC.
Penalties are prescribed in the Act for
violations.
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Industrial Employment
Act 1946
Came into force on April 23, 1946.
Applies to the whole of India
It was initially made applicable to only
those industrial
units/undertakings/establishments
wherein 100 or more workers were
employed on any day of the preceding 12
months.
An act require employers in industrial
establishments formally to define
conditions of employment under them
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Objectives
To require employers to define the
conditions of work
To bring about uniformity in terms and
conditions of employment
To minimize industrial conflicts
To foster harmonious relations between
employers and employees.
To provide statutory sanctity and
importance to standing orders.
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Penalities
For not providing for the act.
For contravening the provisions of the act.
Failure to submit draft standing orders.
For not adhering to the model standing
orders.
No suit can be instituted without the
support of the appropriate government.
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Industrial Dispute Act
1947
Objective : to secure industrial peace and
harmony by providing and procedure for
the investigation and settlement of
industrial disputes by negotiations
This act came into force on the first day of
April 1947
It extends to the whole of India
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Definition
Industrial Dispute means any dispute or
differences between employers and
employers or between employers and
workmen , or between workmen and
workmen, which is connect with
employment or non employment or the
terms of employment or with the
conditions of labour of any person
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Promotion of measures for securing and
preserving amity and good relations
between the employers and workmen
Settlement of industrial disputes between
employers and employers, employers and
workmen or workmen and workmen and
workmen with a right of representation by
trade unions.
Prevention of illegal strikes and lockouts
Relief to workmen in the matter of lay off
and retrenchment
To promote collective bargaining.
Objectives
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Employee State Insurance
Act 1948
An Act to provide for certain benefits to
employees in case of sickness, maternity
and employment injury and to make
provision for certain other matters in
relation .
Applicability
All factories
Shop employing 20 or more persons
Such other Govt. specified
establishments
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Act does not apply to:
Seasonal factories engaged exclusively in
any of the activities like: cotton ginning,
cotton or jute pressing, decoration of
ground nuts, manufacturing coffee,
indigo, lac, rubber, sugar, or tea or any
manufacturing process incidental to or
connected with any of the afore said
activities
Mines
Railway running sheds
Govt. factories, military, air force
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Act Authorisation
1. To Promote and measure for health and
welfare of Insured Employees (IE)
2. Intervene for the rehabilitation and re-
employment for disabled / injured
3. To appoint inspectors for purposed of
the act
4. To determine the amount of
contribution and relevant verification
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Benefits available to insured
employee
Sickness benefit
Maternity benefit
Disablement benefit
Dependents benefit
Medical benefit
Funeral expenses
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Workmens Compensation
Act 1923
The Workmen's Compensation Act 1923
was enacted to help workmen face the
hardships resulting from accidents.
Any worker employed in any of a wide
variety of hazardous occupations who has
suffered an injury is eligible for
compensation.
These legal provisions apply equally to
women workers also.
These legal provisions apply equally to
women workers also.
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The injury must disable himfor more than
3 days, totally or partially. The
disablement means the loss in the
earning capacity of a workman in every
employment which he was capable of
doing at the time of the accidents. Its
effect may be temporary or permanent
(Schedule 1).
To get compensation for an occupational
disease, a workman must have been
employed in the specified occupation for
a continuous period of at least 6 months.
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The compensation is paid to the worker
according to the damage:
1. In case of death: 40% of the monthly wage of the
deceased workman, multiplied by the relevant
factor
2. In case of total permanent disablement: 50% of the
monthly wage, multiplied by the relevant factor
3. In case of partial permanent disablement: The
compensation is a percentage of that payable in the
case of total permanent disablement
4. In case of (total or partial) temporary disablement"
A sum equal to 25% of the monthly wages of the
workman shall be paid half-monthly.
The minimum rate of compensation is
proposed to be raised from 50,000 to Rs.
80,000 for death and from Rs. 60,000 to
Rs. 90,000 in case of permanent/total
disablement.
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Employee Provident Funds &
Miscellaneous Provision Act 1952
The Act was enacted with the main
objective of making some provisions for
the future of industrial workers after their
retirement and for their dependents in
case of death
It provides insurance to workers and their
dependents against risks of old age,
retirement, discharge, retrenchment or
death of the workers
It is applicable to every establishment
which is engaged in any one or more of
the industries specified in Schedule I of
the Act or any activity notified by Central
Government in the Official Gazette and
employing 20 or more persons.
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This act is administrated by the
government of India through the
employees provident fund organization
(EPFO)
Various schemes provided under the act
1. The Employees Provident Fund Scheme.
2. The Employees Pension Scheme.
3. Employees Deposit linked Insurance
Scheme.
4. The Employees Provident Fund Scheme
Section 5 of the Act authorized the
Central Government to frame employees
provident fund scheme for the
establishment of provident fund under
this Act.
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Payment Of Gratuity Act
1972
Gratuity means a lump sum payment made by an
employer as the retrial reward for his past service
when his employment is terminated
Applicability
Every factory, mine, oil plantation, port and
railway company.
Every shop or establishment if it employs 10
or more persons in the preceding 1 year.
To any other establishment employing 10 or
more persons.
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Payment of Gratuity act is an act to
provide for a scheme for the payment of
gratuity to employees engaged in
factories, mines oilfields, plantations or
establishments and for matter connected
there with or incidental there to
This act was enacted by Parliament in the
twenty third year of the republic of India
It extends to the whole of India
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Payment Of Gratuity
According to Section 4(1) of this act, gratuity is
paid after termination of employee after
rendering continous service not less than 5
years.
Continuous service of 5yrs (not necessary
incase of death or disablement)
On termination due to superannuation or
retirement.
Resignation, death or disablement due to
accident or disease.
In case of death, the amount will be paid to
nominee or legal heir.
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Maternity Benefit Act
1961
An Act to regulate the employment of
women in certain establishment for certain
period before and after child-birth and to
provide for maternity benefit and certain
other benefits
The Objective of Maternity Leave &
Benefit is to protect the dignity of
Motherhood by providing the Complete &
Healthy care to the women & her child,
when she is notable to perform her duty
due to her health condition.
Applicability : It extends to the whole of
India.
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Right of Maternity Benefit. :- Every pregnant
working women in any establishment are
eligible for Maternity Benefit, provided they
have served in the establishment for at least
80 days in (12) Twelve months before the
expected date of delivery.
If a woman is earning less than Rs:- 15,000/-
she may be offered ESI scheme by her
employer, & will be not eligible for the
maternity benefit but she will receive the
Maternity Benefit under ESI Scheme.
The provisions of this Act, every employed
woman shall be entitled to, and her employer
shall be liable for the payment of maternity
benefit @ of the average daily wages
(including DA, HRA, Food Allow, Incentive
Bonus, etc) for the period of her actual
absence immediately preceding and including
the day of her delivery for the six weeks
immediately following that day.
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Cash Benefits
Leave with average pay for six weeks (84 Days)
before the delivery.
Leave with average pay for six weeks (84 Days)
after the delivery.
She can take the Pay for the first Six (06) weeks
before start of Maternity leave.
She will get Pay for the Six (06) weeks after child-
birth within 48 hours of Request.
A medical bonus of Rs. 1,000/- (As Per latest
Amendment) if the employer does not provide
free medical care to the woman.
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Non cash benefits
Two Nursing breaks in her daily work until
the child is (15) fifteen months old.
No discharge or dismissal while she is on
Maternity Leave.
Pregnant women discharged or dismissed
may still claim maternity benefit from the
employer.
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Child Labour Act, 1986
This was declared by the parliament on
23
rd
December 1986
It includes prohibition of employment of
children in certain occupation and
processes
No child shall be employed or permitted
to work in any of the occupations which
are hazardous by its nature
Applicability : It extends to the whole of
India.
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Any person who employs child he is liable for
punishment with imprisonment for 3 months
which can be extented to 1 year or Rs. 20,000
fine.
No child shall be required or permitted to
work in any establishment in excess of
number of hours prescribed (Section-7). In
Kerala the working hours in limited to four and
half hours in a day. (Rule-3).
The period of work on each day shall not
exceed three hours and no child shall work
for more than three hours before he has had
an interval for rest for at least one hour. No
child shall be permitted or required to work
between 7 P.m. and 8 a.m.
No child shall be required or permitted to
work overtime.
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Every child shall be allowed in each week a
holiday of one whole day.
Who can file prosecutions
Any person
Police Officer
Inspector appointed under the Act
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The Kerala Shops And
Commercial Establishment Act,
1960
Object : To provide for the welfare of the
employees employed in the shops and
commercial establishments and to regulate
the conditions of their work and
employment.
Applicability : It extends to the whole state
of kerala and applies to all shops and
commercial establishments defined under
the Act.
The employer of every shops and commercial
establishments shall apply for registration in
Form B-I with prescribed fee to the
competent authority (Assistant labor officer-
Grade III) within sixty days from the date on
which the establishment commences its
work.
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Every employer shall renew the registration
every year atleast 30 days before the expiry
of the registration for the previous year.
If a registration certificate is lost, stolen or
destroyed, the employer shall forth with
report the matter to the competent authority
and make an application for the issue of a
duplicate registration certificate along with
prescribed fee.
Every shops shall remain entirely closed on
one day of the week and a notice shall be
permanently exhibited in the shop specifying
the day of closure.
No employee in any establishment shall be
required to work for more than eight hours in
any day and 48 hours in any week.
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Extra wages For Overtime Work
Every Person employed in shops or a
commercial establishments shall be allowed
in each week a holiday of one whole day.
No employee shall be dismissed except on a
reasonable cause and subject to Section-18
of the Act
Registers and records to be maintained by
the employer.
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