A BRIEF CHECK LIST OF

LABOUR LAWS
 APPRENTICES ACT, 1961
CHECKLIST

Object of the Act Applicability of the Apprenticeship

Promotion of new manpower at Act Advisor
skills. Improvement/refinement of Areas and industries as Central Apprenticeship
old skills through theoretical and notified by the Central Advisor – when
practical training in number of Government appointed by Central
trades and occupation Sec. 1 Government.

Industry Qualification for being trained as an Apprentice

Industry means any industry, or A person cannot be an apprentice in any designated
business or in which any trade, trade unless
occupation or subject/field in  He is not more than 14 years of age;
engineering or technology or any  He satisfies such standard of education
vocational course may be specified And physical fitness as
as a designated trade May be prescribed. Sec. 3
Sec. 2(k)
Period of
Contract of Apprenticeship Conditions for Novation of Apprenticeshi
To contain such terms and Contract of Apprenticeship p
conditions as may be agreed
Training to be
to by the apprentice, or his • There exists an apprenticeship Determined by
guardian (in case he is a contract. the
minor) and employers.
• The employer is unable to fulfil
his obligation.
Obligations of
Termination of • The approval of the
employers
Apprenticeship Apprenticeship Advisor is
• To Provide the
On the expiry of the period of obtained.
Apprenticeship training. apprentice
• Agreement must be
On the application by either of with the
registered with the training in his
the parties to the contract to Apprenticeship
the Apprenticeship Advisor trade.
Sec. 6 • To ensure
that a person
Number of Apprentices in duly qualified
Payment to Apprentices Designated Trade is placed in
The employer to pay such stipend at To be determined by The charge of the
a rate of not less than the prescribed Central Government after training of
minimum rate as may be specified. consulting the Central the
Sec. 6 Apprenticeship Council apprentice.
Sec.8 • To carry out

Obligations of Apprentice Employer’s liability to

 To learn his trade conscientiously, diligently. pay compensation for
 To attend practical and instructional classes regularly. injury
 To carry out all lawful orders. As per provisions of
 To carry out his contractual obligations. Workmen’s Compensation
Health safety & Welfare measures for Apprentices Act.
As per Factories Act or Mines Act as the case may be
when undergoing training. Offences & Punishment
Hours of work Imprisonment of a term
 42 to 48 in a week while on theoretical training. upto 6 months or with fine
when employer (I) engages
 42 in a week while on basic training.
as an apprentice a person
 42 to 45 in a week in second year of training. who is not qualified for
 As per other workers (in the third year). being so engaged or (ii)
 Not allowed to work between 10 PM to 4 AM unless fails to carry out the terms
approved by Apprenticeship Advisor. and conditions of a
Leave and Holidays contract of apprenticeship,
 Casual leave for the maximum period of 12 days in a year. or (iii) contravenes the
 Medical leave for the maximum period of 15 days and the provisions of the Act
accumulated leave upto 40 days in a year. relating to the number of
 Extraordinary leave upto a maximum period of 10 days in apprentices which he is
a year. required to engage under
Sec. 15 those provisions
CONTRACT LABOUR(REGULARATION & ABOLITION) ACT,1970
& THE RULES
CHECKLIST
Every establishment in which 20 or
Object of the Act
To regulate the
employment of
contract labour in
certain establishments Every contractor who employs or who
and to provide for its
abolition in certain
circumstances and for
matters connected
Prohibition of Employment of
Contract Labour
Only by the appropriate Government
through issue of notification after
consultation with the Board (and not
Courts) can order the prohibition of
employment of contract labour.
Revocation or Suspension &
Amendment of Licences
When obtained by misrepresentation or
suppression of material facts.
Failure of the contractor to comply with
the conditions or contravention of Act
or the Rules. Sec.
Laws, Agreement or standing
orders inconsistent with the
Act-Not Permissible
Unless the privileges in the contract
between the parties or more
favourable than the prescribed in the
Act, such contract will be invalid and
the workers will continue to get more
favourable benefits.
Registers of Contractors
Principal employer
To maintain a register of contractor in
respect of every establishment in
Form XII.
Contractor
Rule 74
To maintain register of workers for
each registered establishment in Form
XIII.
To issue an employment card to each
worker in Form XIV.
To issue service certificate to every
workman on his termination in Form
XV. Rules 75, 76 and 77
PENALTIES
Sec. Offence
Sec. 22 Obstructions
Sec.23 Violation
imprisonment of 3
Applicability Registration of
Establishment
more workmen are employed or Principal employer
were employed on any day of the employing 20 or more
preceding 12 months as contract workers through the
labour. contractor or the
contractor(s) on deposit of
employed on any day of the required fee in Form 1
preceding twelve months 20 or
more workmen.
Revocation of Licensing of Contractor
Registration Engaging 20 or more than
When obtained by 20 workers and on
Misrepresentation or deposit of required fee
suppression in Form IV.
Of material facts etc. after Valid for specified
opportunity to the period.Sec.12, Rule 21
principal
employer
Welfare measures to be taken by the Contractor
Contract labour either one hundred or more employed by a
contractor for one or more canteens shall be provided and
maintained.
First Aid facilities.
Number of rest-rooms as required under the Act.
Drinking water, latrines and washing facilities. Sec. 16 & 17
Liability of Principal Employer
To ensure provision for canteen, restrooms, sufficient supply of
drinking water, latrines and urinals, washing facilities.
Principal employer entitled to recover from the contractor for
providing such amenities or to make deductions from amount
payable. Sec. 20
Muster Roll, Wages Register, Deduction Register and Overtime Register
by Contractor
Every contractor shall
Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII
respectively when combined.
Register or wage-cum-Muster Roll in Form XVII where the wage period is a
fortnight or less.
Maintain a Register of Deductions for damage or loss, Register or Fines and
Register of Avances in Form XX, from XXI and Form XXII respectively.
Maintain a Register of Overtime in Form XXIII.
To issue wage slips in Form XIX, to the workmen at least a day prior to the
disbursement of wages.
Obtain the signature or thumb impression of the worker concerned against the
entries relating to him on the Register of wages or Muster Roll-Cum-Wages
Register.
When covered by Payment of Wages Act, register and records to be maintained
under the rules
Muster Roll, Register of wages, Register of Deductions, Register of Overtime,
Register of Fines, Register of Advances, Wage slip.
Rule 79
To display an abstract of the act and Rules in English and Hindi and in the
language spoken by the Majority of workers in such forms as may be approved
by appropriate authority
Rule 80
To display notices showing rates of wages, hours of work, wage period, dates of
Punishment
For obstructing the inspector or failing to produce registers etc.
- 3 months’ imprisonment or fine upto Rs.500, or both.
For violation of the provisions of Act or the Rules,
Months or fine upto Rs.1000. On continuing contravention,
additional fine upto Rs.100 per day
 EMPLOYEES’ PROVIDENT FUNDS & MISC.
PROVISIONS ACT, 1952
& THE SCHEMES
CHECKLIST
Eligibility Applicability
Any person who is employed • Every establishment which is factory engaged in any industry
for work of an establishment specified in Schedule 1 and in which 20 or more persons are
or employed through employed.
contractor in or in connection • Any other establishment employing 20 or more persons which
with the work of an Central Government may, by notification, specify in this behalf.
establishment.
• Any establishment employing even less than 20 persons can be
Payment of Contribution covered voluntarily u/s 1(4) of the Act.
• The employer shall pay the
contribution payable to the Benefits
EPF, DLI and Employees’ Employees covered enjoy a benefit of Social Security in the form of
Pension Fund in respect of an unattachable and unwithdrawable (except in severely restricted
the member of the circumstances like buying house, marriage/education, etc.) financial
Employees’ Pension Fund nest egg to which employees and employers contribute equally
employed by him directly by throughout the covered persons’ employment.
or through a contractor. This sum is payable normally on retirement or death. Other Benefits
• It shall be the responsibility include Employees’ Pension Scheme and Employees’ Deposit Linked
of the principal employer to Insurance Scheme.
pay the contributions
payable to the EPF, DLI and Rates of Contribution
Employees’ Pension Fund by
himself in respect of the SCHEME EMPLOYEE’S EMPLOYER’S CENTRAL
employees directly GOVT’S
employed by him and also in
Amount > 8.33%
respect of the employees
(in case where
directly employed by him
contribution is
and also in respect of the
12% of 10%)
Clarification about Provident Fund
12% 10% (in case of NIL
Contribution Scheme
certain
After revision in wage ceiling from Establishments
Rs.5000 to Rs.6500 w.e.f. 1.6.2001 as per details
per month, the government will given earlier)
continue to contribute 1.16% upto Insurance
the actual wage of maximum NIL 0.5 NIL
Scheme
Rs.6500 per month towards 8.33% (Diverted
Employees’ Pension Scheme. The Pension
NIL out of Provident 1.16%
employer’s share in the Pension Scheme
Fund
Scheme will be Rs.541 w.e.f.
1.6.2001.
Under Employees’ Deposit-Linked Damages
Insurance Scheme the contribution
@ 0.50% is required to be paid • Less than 2 months ….@ 17% per
upto a maximum limit of Rs.6500.
The employer also will pay annum
administrative charges @ 0.01%
on maximum limit of Rs.6500 • Two months and above but less than upto four months ….
whereas an exempted
establishment will pay inspection @22% per annum
charges @ 0.005% on the total
wages paid.
Notes: Penal Provision
The above clarification is given by
Liable to be arrested without warrant being a cognisable offence.
taking wages upto a maximum of
Rs.6500 towards wage (basic+DA).
Defaults by employer in paying contributions or
Since an excluded employee i.e.
drawing wages more than Rs.6500
inspection/administrative charges attract imprisonment upto 3 years
can also become member of the
Fund and the Schemes on joint
and fines upto Rs.10,000 (S.14). For any retrospective application, all
request and if, for instance, such an
employee is getting Rs.10,000 per
dues have to be paid by employer with damages upto 100% of
month, his share towards provident
fund contribution will be Rs.1200
arrears.
e.g. 12% and employer’s share
 EMPLOYEES’ STATE INSURANCE
ACT, 1948 & the SCHEME
CHECK LIST

Applicability of
Coverage Rate of
of employees Contribution of THE ESI SCHEME TODAY
the Act &
Scheme the wages No. of implemented Centres 677
Drawing wages No. of Employers covered 2.38
Is extended in
area-wise to upto Employers’ lacs
factories using Rs.10000/- per 4.75% No. of Insured Persons 85 lacs
power and month Employees’ No. of Beneficiaries 330
employing 10 or engaged either lacs
1.75%
more persons and directly or thru’ No. of Regional Offices/SRO’s
to non-power contractor 26
using Manner and Time Limit
manufacturing for making Payment of contribution
units and Benefits
establish-ments To the employees under the Act
The total amount of contribution
employing 20 or (employee’s share and employer’s share)
more person upto Medical, sickness, extended
is to be deposited with the authorised
Rs.7500/- per sickness for certain diseases,
bank through a challan in the prescribed
month w.e.f. enhanced sickness, dependents
form in quadruplicate on ore before 21st of
1.4.2004. It has maternity, besides funeral
month following the calendar month in
also been extend- expenses, rehabilitation
which the wages fall due.
allowance, medical benefit to
insured person and his or her

WAGES FOR ESI CONTRIBUTIONS Contribution

Registers/files to be maintained by the employers period
Contributio
n period If the person joined
To be deemed as NOT to be deemed as
wages wages insurance employment
for the first time, say on
1st April to 30th 5th January, his first
• Basic pay • Contribution paid by September. contribution period will
• Dearness allowance kthe employer to any
be from 5th January to
pension/provident
• House rent 31st March and his
fund or under ESI 1st October to
allowance corresponding first
Act. 31st March benefit will be from 5th
• City compensatory • Sum paid to defray October to 31st
allowance special expenses December.
• Overtime wages (but entailed by the
not to be taken into nature of
Penalties
account for employment – Daily
determining the allowance paid for
the period spent on Different punishment have been prescribed for
coverage of an
employee) tour. different types of offences in terms of Section
• Payment for day of • Gratuity payable on 85: (I) (six months imprisonment and fine
rest discharge.
Rs.5000), (ii) (one year imprisonment and fine),
• Production incentive • Pay in lieu of notice
of retrenchment and 85-A: (five years imprisonment and not less
• Bonus other than
compensation to 2 years) and 85-C(2) of the ESI Act, which are
statutory bonus
• Benefits paid under self explanatory. Besides these provisions,
• Night shift allowance
the ESI Scheme.
• Heat, Gas & Dust action also can be taken under section 406 of
• Encashment of leave
allowance
• Payment of Inam the IPC in cases where an employer deducts
• Payment for
which does not form contributions from the wages of his employees
unsubstituted
part of the terms of
holidays but does not pay the same to the corporation
employment.
• Meal/food allowance which amounts to criminal breach of trust.
• Washing allowance
• Suspension for livery
 FACTORIES ACT, 1948
CHECK LIST

Employer to ensure health of Registration &

Applicability of the Act workers pertaining to Renewal of
Any premises whereon 10 or • Cleanliness Disposal of Factories
more persons with the aid of wastes and effluents
power or 20 or more workers • Ventilation and temperature To be granted by Chief
are/were without aid of dust and fume Inspector of Factories
power working on any dayd • Overcrowding Artificial on submission of
preceding 12 months, humidification Lighting prescribed form, fee
wherein Manufactur-ing and plan.
• Drinking water Spittons.
process is being carried on. Secs. 6
Secs. 11 to 20

Safety Measures • Self-acting machines.

Welfare Measures
• Casing of new machinery.
• Facing of machinery • Prohibition of employment
• Washing facilities
• Work on near machinery in motion. of women and children
• Facilities for storing and
• Employment prohibition of young near cotton-openers.
drying clothing
persons on dangerous machines. • Hoists and lifts.
• Facilities for sitting
• Striking gear and devices for cutting
• First-aid appliances – one
off power.
first aid box not less than
one for every 150 workers.
Working Hours, Spread Over & Overtime of Adults • Canteens when there are
Weekly hours not more than 48. 250 or more workers.
Daily hours, not more than 9 hours.
• Shelters, rest rooms and
Intervals for rest at least ½ hour on working for 5 hours.
lunch rooms when there are
Spreadover not more than 10½ hours.
150 or more workers.
Overlapping shifts prohibited.
Extra wages for overtime double than normal rate of wages. • Creches when there are 30
Restrictions on employment of women before 6AM and beyond 7 or more women workers.
PM. • Welfare office when there
Secs. 51, 54 to 56, 59 & 60 are 500 or more workers.

Employment of Young Persons Annual Leave with Wages

• Prohibition of employment of young children e.g. 14 years. A worker having worked for 240
• Non-adult workers to carry tokens e.g. certificate of fitnekss. days @ one day for every 20 days
• Working hours for children not more than 4 ½ hrs. and not and for a child one day for working
permitted to work during night shift. of 15 days.
Secs. 51, 54 to 56, 59 & 60 Accumulation of leave for 30 days.
Secs. 79

OFFENCE
• For contravention of the Provisions of the Act or
Rules
• On Continuation of contravention
• On contravention of Chapter IV pertaining to
safety or dangerous operations.
• Subsequent contravention of some provisions
• Obstructing Inspectors
• Wrongful disclosing result pertaining to results of
analysis.
• For contravention of the provisions of Sec.41B,
41C and 41H pertaining to compulsory disclosure
of information by occupier, specific responsibility
of occupier or right of workers to work imminent
danger.
PENALTIES
Sec.92 to
• Imprisonment upto 2 years or fine upto Rs.1,00,000 or
both
• Rs.1000 per day
• Not less than Rs.25000 in case of death.
• Not less than Rs.5000 in case of serious injuries.
• Imprisonment upto 3 years or fine not less than
Rs.10,000 which may extend to Rs.2,00,000.
• Imprisonment upto 6 months or fine upto
Rs.10,000 or both.
• Imprisonment upto 6 months or fine upto
Rs.10,000 or both.
• Imprisonment upto 7 years with fine upto
Rs.2,00,000 and on continuation fine @ Rs.5,000
per day.
• Imprisonment of 10 years when contravention
continues for one year.

EMPLOYMENT EXCHANGES
 (COMPULSORY NOTIFICATION OF VACANCIES)
ACT, 1959 & THE RULES
CHECK LIST

Applicability of the When Act is not applicable

Act Any employment in agriculture,
Object of the Act horticulture etc.
By notification in the Any employment in domestic
To provide for the service.
Official Gazette, appoint
compulsory Any employment, the total duration
in this behalf for such
notification of of which is less than three
State and different dates
vacancies to months.
may be appointed for
employment Any employment to do unskilled
different states or for
exchanges. office work.
different areas of a State.
Any employment connected with
the staff of Parliament.

Furnishing information and

returns
Notification of vacancies to Employment Exchanges
The employer in every
Before filling up any vacancy as prescribed. establishment in public sector in
Employer not obliged to recruit the person through that State or area shall furnish
employment exchange. such information or return as may
To notify the vacancies to such employment exchanges as be prescribed in relation to
may be prescribed. vacancies that have occurred or
Secs. 4 are about to occur in that
establishment, to such
employment exchanges as may
be prescribed.

Time limit for notification of vacancies & selection Submission of Returns

Quarterly in Form ER-I
Atleast 15 days before the applicants will be interviewed or BIENNIAL Return Form ER-II
tested. Within 30 days by 30th June, 31st
March, 30th September & 31st
Employer to furnish the result of selection within 15 days. December.
Rules Rule 6

PENALTIES

An employer contravening the provisions of Sec.4(1) or (2).

Fine upto Rs.500 for first offence and for every subsequent offence fine Rs.1000.
If any person –
Required to furnish any information or return –
Refuses or neglects to furnish such information or return, or
Furnishes or causes to be furnished any information or return which he knows to be false, or
Refuses to answer, or gives a false answer to any question necessary for obtaining any information
required to be furnished under section 5; or

Impedes the right of access to relevant records or documents or the right of entry conferred by section 6;
he shall be punishable for the first offence with fine upto Rs.250 and for every subsequent offence with
fine upto Rs.250 and for every subsequent offence with fine upto Rs.500.
Rules 7
INDUSTRIAL DISPUTES ACT, 1947
Object of the Act
Provisions for investigation and settlement of industrial disputes and for certain other purposes.
 Important Clarifications Power of Labour Court to give Right of a Workman during
Industry – has attained wider meaning than defined Appropriate Relief Pendency of Proceedings in High
except for domestic employment, covers from Labour Court/Industrial Tribunal can Court
barber shops to big steel companies. Modify the punishment of dismissal or Employer to pay last drawn wages
Sec.2(I) discharge of workmen and give to reinstated workman when
Works Committee–Joint Committee with equal appropriate relief including proceedings challenging the award
number of employers and employees’ reinstatement. Sec.11A of his reinstatement are pending
representatives for discussion of certain common in the higher Courts.
problems. Sec.3 Persons Bound by
Conciliation–is an attempt by a third party in Period of Operation of
Settlement
helping to settle the disputes Sec.4 Settlements and Awards
• When in the course of
Adjudication – Labour Court, Industrial Tribunal or • A settlement for a period
conciliation proceedings etc., all
National Tribunal to hear and decide the dispute. as agreed by the parties,
persons working or joining
Secs.7,7A & 7B or
subsequently.
• Period of six months on
Lay off & Payment of Compensation – • Otherwise than in course of signing of settlement.
Conditions for Laying off settlement upon the parties to
Failure, refusal or inability of an employer to • An award for one year
provide work due to
Notice of Change
• Shortage of coal, power or raw material. 21 days by an employer to workmen Prior Permission for Lay off
• Accumulation of stocks. about changing the conditions of When there are more than 100
• Breakdown of machinery. service as provided in Ivth Schedule. workmen during proceeding 12
• Natural calamity. Sec.25-C Sec.9A months. Sec.25-M

Lay off Compensation Prohibition of Strikes & Lock Outs

Payment of wages except for
• •
Without giving to the employer notice of strike, as During the pendency of proceedings before a Labour
intervening weekly holiday hereinafter provided, within six weeks before Court, Tribunal or National
compensation 50% of total or striking. • Tribunal and two months, after the conclusion of such
basic wages and DA for a • Within fourteen days of giving such notice. proceedings.
period of lay off upto • Before the expiry of the date of strike specified •in During the pendency of arbitration proceedings before
maximum 45 days in a year. any such notice as aforesaid. an arbitrator and two months after the conclusion of
Sec.25-C • During the pendency of any conciliation such proceedings, where a notification has been issued
proceedings before a conciliation officer and seven under Sub-Section(3A) of section 10A
Prior Permission by the days after the conclusion of such proceedings. • During any period in which a settlement or award is in
Government for Retrenchment • During the pendency of conciliation proceedings operation, in respect of any of the matters covered by
• When there are more than 100 before a Board and seven days after the the settlement or award. Secs.22&23
(in UP 300 or more) workmen conclusion of such proceedings.
during preceding 12 months.
• Three months’ notice or Conditions of service etc. to remain unchanged under certain circumstances during pendency of
wages thereto. proceedings
• Form QA • Not to alter to the prejudice of workmen concerned the condition of service.
• Compensation @ 15 days’ • To seek Express permission of the concerned authority by paying one month’s wages on
wages. Sec. 25-N dismissal, discharge or punish a protected workman connected with the dispute.
• To seek approval of the authority by paying one month’s wages before altering condition of
Prohibition of unfair labour
service, dismissing or discharging or punishing a workman. Sec.33
practice either by employer or
workman or a trade union as Retrenchment of Workmen Compensation & Conditions
stipulated in fifth schedule
• Workman must have worked for 240 days.
Both the employer and the Union
can be punished. Sec.25-T • Retrenchment compensation @ 15 days’ wages for every completed year to be calculated at last
drawn wages
• One month’s notice or wages in lieu thereof.
• Reasons for retrenchment
Closure of an Undertaking
• Complying with principle of ‘last come first go’.
60 days’ notice to the labour
authorities for intended closure in Form Matters to be provided in Standing orders
QA. Sec.25FFA
Prior permission atleast 90 days before
Classification of workmen,
Conditions of service e.g.,unchanged
etc. to remain whetherunderpermanent, temporary,
certain circumstances apprentices,
during pendency of
probationers, or badlis. proceedings
in Form O by the Government when
• Not to alter to the prejudice of workmen concerned the condition of service.
there are 100 ore more workmen Manner
•
of intimating to workmen periods and hours of work, holidays, pay-
To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge
during preceding 12 months (in UP 300 daysorand wage rates.
or more workmen) Sec.25-O punish a protected workman connected with the dispute.
Shift working.
• To seek approval of the authority by paying one month’s wages before altering condition of service,
Attendance and late coming.
Applicability of
Conditions of, procedure in applying for, and the authority which may grant,
the Act
PENALTIES leave and holidays. <Punishment
Sec.25-UEvery industrial
Offence Requirement to enter premises Imprisonment of uptogates,
by certain 6 monthsandor with fine upto
liability Rs.3,000.
to search.
26 establishment Committing unfairand
labour Imprisonment upto one month or with fine
practices of sections of the industrial establishments, and upto Rs.50(Rs.1000 for lock-
Closing re-opening
27 wherein 100 or Illegal strike and lock-ourts out) or with both.
28 temporary stoppages of work and theupto
Imprisonment right and liabilities
6 months or with fineofupto
the Rs.1,000
employer and
more (in many Instigation etc. forworkmen
illegal strike or lock-outs.
29 arising therefrom. Imprisonment for 6 months or with fine upto Rs.1,000
StatesGiving
it is 50 or
financial aid to illegal strikes and lock-outs.
30 Termination of employment, and the upto
Imprisonment notice thereof
6 months to be
or with given
fine.On by employer
continuity of offence fine
more). Breach of settlement or award
31A Disclosing confidential and INDUSTRIAL
information workmen.
pertaining to Sec.21 EMPLOYMENT
uptoRs.200 per day
Any industry Imprisonment uptoand
6 months or
Suspension orSec.25
dismissal for misconduct, orwith fine upto Rs.1,000
covered by Closure(STANDING
without 60 days’
Contravention of Sec.33 pertaining constitute
ORDERS)
notice under
to change of misconduct.
FFA
conditions of
ACT, 1946
Imprisonment &acts
upto 6 monthsTHE omissions
or with RULES
which
fine upto Rs.5,000
31 Bombay Industrial Imprisonment uptounfair
6 months or fine uptoorRs.1,000.
Service duringMeans
pendency of redressal
of dispute etc.for workmen against treatment wrongfulFine upto Rs.100
Relations Act, When no penally isexactions
provided forby contravention
the employer or his agents or servants.
1946. CHECK-LIST
Industrial Additional Matters
establishment Service Record – Matters relating to service card, token tickets, certification
covered by M.P. of service, change of residential address of workers and record of age
Industrial Confirmation Age of retirement Transfer Medical aid in case of Accident
Employment Medical Examination Secrecy Exclusive service.
(Standing Orders) Secs.2(g), 3(2) and Rule 2A
Act, 1961.
 Conditions for
Certification of
Standing Orders
Every matter to be
set out as per
Schedule and Rule
2A.
The standing orders Procedure for Date of Posting of Standing
to be in Certification of Operation of Orders
conformity with Standing Orders Standing
the provisions of Certifying Officer to Orders The text of the
the Act. forward a copy of draft standing orders as
standing orders to the On the date of finally certified shall
trade union or in the expiry of 30 days prominently be posted
Submissions of absence of union, to the from certification in English or in the
Draft Standing workmen of the industry. or on the expiry language understood
Orders The trade union or the of 7 days from by majority of workmen
other representatives, as authentication of on special board at or
Within six months the case may be, are to Standing Orders. near the entrance for
from the date when be heard. majority of workers.
the Act becomes Sec.5 Sec. 7 Sec. 9
applicable to an
industrial Temporary Payment of Subsistence Allowance to the
establishment. Five application of Model Suspended Workers
copies of the draft Standing Orders At the rate of fifty per cent, of the wages which the
Standing Orders are Temporary application workman was entitled to immediately proceeding the
to be submitted to of mod standing orders date of such suspension, for the first ninety days of
the Certifying shall be deemed to be suspension.
Officer under the adopted till the At the rate of seventy-five percent of such wages for
Act. standing orders as the remaining period of suspension if the delay in the
submitted are certified. completion of disciplinary proceedings against such
Sec.12-A workman is not directly attributable to the conduct

PENALTIES

• Failure of employer to submit draft Standing Orders fine of Rs.5000 and Rs.200 for every day on
continuation of offence.
• Fine of Rs.100 on contravention and on continuation of offence Rs.25 for every day.

BENEFIT ACT, 1961
CHECK
ObjectLIST
of the Act
To protect the dignity
of motherhood and
the dignity of a new
person’s birth by
providing for the full
and healthy
maintenance of the
woman and her child
at this important time
MATERNITY
Coverage of the Act
Upon all women employees either employed
directly or through contractor except
domestic women employees employed in
mines, factories, plantations and also in
other establishments if the State
Government so decides. Therefore, if the
State Government decides to apply this Act
to women employees in shops and
commercial establishments, they also will
get the benefit of this Act. Bihar, Punjab
Haryana, West Bengal, U.P., Orissa and
Conditions for eligibility
of benefits
Women indulging temporary
of unmarried are eligible for
maternity benefit when she
is expecting a child and has
worked for her employer for
at least 80 days in the 12
months immediately
proceeding the date of her
expected delivery Sec. 5.
 Cash Benefits Conditions for eligibility of
benefits
Leave with average pay for six weeks before the delivery.
Leave with average pay for six weeks after the delivery. Ten weeks before the date of
A medical bonus of Rs.25 if the employer does not provide free medical care to the her expected delivery, she
woman. may ask the employer to
An additional leave with pay up to one month if the woman shows proof of illness due to give her light work for a
the pregnancy, delivery, miscarriage, or premature birth. month. At that time she
In case of miscarriage, six weeks leave with average pay from the date of miscarriage. should produce a certificate
Non Cash Benefits/Privilege that she is pregnant.
She should give written notice
Light work for ten weeks (six weeks plus one month) before the date of her expected
to the employer about seven
delivery, if she asks for it. weeks before the date of her
Two nursing breaks in the course of her daily work until the child is 15 months old. delivery that she will be
No discharge or dismissal while she is on maternity leave. absent for six weeks before
No change to her disadvantage in any of the conditions of her employment while on and after her delivery. She
maternity leave. should also name the person
Pregnant women discharged or dismissed may still claim maternity benefit from the to whom payment will be
employer. made in case she can not
take it herself.
Exception : Women dismissed for gross misconduct lose their right under the Act for
She should take the payment
for the first six weeks before
Leave for Miscarriage Leave for illness arising out of she goes on leave.
& Tubectomy Operation pregnancy etc. etc. She will get payment for the six
Leave with wages at the rate of A woman suffering from illness weeks after child-birth within
arising our of pregnancy, delivery, 48 hours of giving proof that
maternity benefit, for a period of she has had a child.
six weeks immediately following premature birth of child
She will be entitled to two
the day of her miscarriage or her (Miscarriage, medical termination nursing breaks of fifteen
medical termination of pregnancy. of pregnancy or tubectomy minutes each in the course
Entitled to leave with wages at the operation) be entitled, in addition of her daily work till her child
rate of maternity benefit for a to the period of absence allowed is fifteen months old.
period of two weeks immediately to her leave with wages at the Her employer cannot discharge
following the day of her tubectomy rate of maternity benefit for a her or change her conditions
maximum period of one month. of service while she is on
operation. maternity leave.
Sec. 10
Sec. 5.
Prohibition of dismissal during absence of pregnancy
Discharge or dismissal of a woman employed during or on account of such absence or to give notice or discharge or dismissal on such a day
that the notice will expire during such absence or to very her disadvantage.
Discharge or dismissal during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will
expire during such absence, or to vary to her disadvantage any of the conditions of her service.
At the time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical
bonus, etc.
Not barred in case of dismissal for cross misconduct. Sec.

Forfeiture of maternity benefit

Failure to Display If permitted by her employer to absent herself under the provisions of section 6 for
Extract of Act any period during such authorized absence, she shall forfeit her claim to the
Imprisonment may maternity benefit for such period.
extend to one year For discharging or dismissing such a woman during or on account of her absence
or fine. from work, the employer shall be punishable with imprisonment which shall not be
less than 3 months, but it will extend to one year and will find, but not exceeding
Rs.5,000. Sec. 18

MINIMUM WAGES ACT, 1948

CHECK LIST

Fixation of Minimum Rates of Wages

Object of the Act
To provide for fixing
minimum rates of
wages in certain
employments
• The appropriate government to fix minimum rates of wages. The
employees employed in para 1 or B of Schedule either at 2 or either part
of notification u/s 27.
• To make review at such intervals not exceeding five years the minimum
rates or so fixed and revised the minimum rates.
Government can also fix Minimum Wages for
• Time work • Piece work at piece rate • Piece work for the purpose of
securing to such employees on a time work basis • Overtime work done
 Minimum Rates of
Wages
Such as Basic rates of
wages etc. Variable DA
and Value of other
concessions etc. Sec. 4 Procedure for fixing Composition of Payment of
and revising Minimum Committee Minimum Rates of
Rates of Wages Representation of Wages
Fixing Hours for Appointing Committee employer and Employer to pay to
Normal Working issue of Notification etc. employee in schedule every employee
Sec. 5 employer in equal engated in schedule
• Shall constitute a employment at a rate
number and
normal working day Overtime not less than minimum
independent persons rates of wages as fixed
inclusive of one or To be fixed by the hour, by rd
not exceeding 1/3 or by Notification by not
more specified the day or by such a longer its total number one making deduction
intervals. wage-period works on any such person to be other than prescribed.
• To provide for a day day in excess of the number appointed by the Sec.12
of rest in every of hours constituting normal Chairman.
period of seven working day.
Payment for every hour or for Wages of workers who works for less than
days with normal working days
remuneration. part of an hour so worked in
excess at the overtime rate Save as otherwise hereinafter provided, be entitled
• To provide for to receive wages in respect of work done by him
double of the ordinary rate of
payment for work on that day as if he had worked for a full normal
(1½ times or for agriculture
on a day of rest at working day.
labour) Sec.
a rate not less than Sec.15
5
the overtime rate..
Wages for two class of work Maintenance of registers and records
Where an employee does two or more • Register of Fines – Form I Rule 21(4)
classes of work to each of which a • Annual Returns – Form III Rule 21 (4-A)
different minimum rate of wages is
applicable, wages at not less than the • Register for Overtime – Form IV Rule 25
minimum rate in respect of each such • Register of Wages–Form X, Wages slip–Form XI, Muster Roll–Form
class. Sec. 16 V Rule 26

Minimum time rate wages for piece Claims by employees

work • To be filed by before authority constituted under the Act within 6
Not less than minimum rates wages months.
as fixed . • Compensation upto 10 times on under or non-payment of wages

PENALITIES Offence Punishment

For paying less than minimum Imprisonment upto 6 months
rates of wages or with fine upto Rs.500/-

Sec. 20 For contravention of any provisions Imprisonment upto 6 months

pertaining to fixing hours for or with fine upto Rs.500/-
normal working day etc.

SALES PROMOTION EMPLOYEES

(CONDITIONS
OF SERVICE) ACT, 1976 & THE RULES
CHECKLIST

Object of the Act

To regulate certain conditions of service of sales promotion employees in certain establishments.
 Applicability of the Act • Leave Maximum limit upto
• Earned leave and cash which earned leave
Whole of India with effect • Can be accumulated
from 6.3.1976 compensation on earned leave not
availed of. 180 days of which the
• On full wages for not less than employee can avail
1/11th of the period spent on duty. himself 90 days at a
time.
Applicability of other • Leave on medical Certificate
Acts • Encashment of leave
• On one-half of the waves for not
• Workmen’s 120 days.
less than 1/18th of the period of Sec.14
Compensation Act, service.
1923 • Cashable on voluntary Issue of Appointment
• Industrial Disputes Act, relinquishment or termination Letter in Form A
1947 • Within three months
• Minimum Wages Act, Number of holidays in a year
from the
1948 10 in calendar year commencement of the
• Maternity Benefit Act, Rule 4 Act and in other case
on appointment.
Maintenance of register Sec.5 Rule 22
• A register of sales Compensatory holidays
promotion employees Within 30 days of the day when he was Wages for holidays
in Form B. required to work. Rule To be entitled for wages on
5 all holidays as if he was on
• Service Books for every
employee in Form C duty.
Application for leave Rule 6
• A register of service
books in Form D When other than casual leave, not less
than one month before Recording of reason for
• Leave account of each refusal or postponement
commencement of leave except for
employee in Form E. of leave.
urgent or unforeseen circumstances.
Sec. 7 Rule 23 Rule 10
Rule 9
Wages for weekly day of
rest
Entitled to wages on weekly Holidays intervening during the Medical leave
days of rest as if he was on period of leave
duty. Except casual leave grantged or day of On production of medical
Rule 7 weekly rest, other holidays shall be certificate.
part of leave. Rule 15
Affixing of holidays to Rule 12
leave
Premixing or suffixing of
any leave not permissible Extraordinary leave Casual leave

At the discretion of the employer 15 days in a calendar year.

Quarantine leave
Rule 17 Rule 15
Upto 30 days on the
recommendations of
authorised medical PENALTY
attendant or Public Health On contravention of provisions relating to ‘Leave’ Issue of Appointment Letter
Officer. or Maintenance of Registers fine upto Rs.1000
Sec. 9

TRADE UNIONS ACT, 1926

CHECKLIST

Registration of trade Union Object of the Act

To provide for the registration of Trade Union and inRegistration of trade Union
certain respects
to define the law relating to registered Trade Unions
Any 7 or more members of a trade union may, by Prescribed form with following details.
subscribing their names to the rules of the trade union
and its compliance. Names, occupations and address of the
members’ place of work.
There should be at least 10%, or 100 of the work-men,
Address of its head office; and
whichever is less, engaged or employed in the
establishment or industry with which it is connected. Names, ages, addresses and occupations of
its office bearers.
It has on the date of making application not less than 7
persons as its members, who are workmen engaged or Sec. 5
employed in the establishment or industry with which it
Minimum requirements for Cancellation of
membership of trade registration
union
If the certificate has been
Not less than 10%, or 100 obtained by fraud or
of the workmen, whichever is mistake or it has ceased to
less, exist or has wilfully
subject to a minimum of 7, contravened any provision
of this Act.
engaged or employed in an
If it ceases to have the
establishments etc.
requisite number of
Sec. 9A
members.
Criminal conspiracy in trade
disputes
No office bearer or member of a
registered trade union shall be liable to
punishment under sub section (2) of
conspiracy u/s 120B of IPC in respect of
any agreement made between the
members for the purpose of furthering
any such object of the Trade Union.
Sec. 17

Disqualification of office bearers Returns

of Trade Union
If one has not attained the age of 18 years.
Conviction for an offence involving moral
turpitude.
Not applicable when 5 years have elapsed.
Sec. 21-A
Annually to the Registrar, on or before such date as may
be prescribed, a general statement, audited in the
prescribed manner, of all receipts and expenditure of
every registered Trade Union during the year ending on
st
the 31 December.
Sec. 28

Penalties Offence Punishment

• For making false entry in or • Fine upto Rs.500. On

any omission in general continuing default, additional
statement required for fault, Rs.5 for each week (not
U/s 31 sending returns. exceeding Rs.50).

• For making false entry in the • Fine upto Rs.500.

form.

• Supplying false information • Fine upto Rs.200.

U/s 32 regarding Trade Union

PAYMENT OF BONUS ACT, 1965 & THE

RULES
CHECKLIST
Applicability of Act Establishment
Every factory where in 10 or more persons are
employed with the aid of power or Establishment
Separate includes
establishment
Departments,
An establishment in which 20 or more persons are
undertakings
If profit and
and loss accounts
employed without the aid of power on any day during
Computation of available surplus Components of are branches,
preparedetc. and
an accounting year
Bonus maintained in respect of
Income tax and direct taxes as any such department or
payable. Salary or wages undertaking or branch,
Depreciation as per section 32 of includes dearness then such department or
Income Tax Act. allowance but no other undertaking or branch is
Development rebate, investment or allowances e.g. over- treated as a separate
development allowance. time, house rent, establishment.
Sec.5 incentive or Sec.3
 Disqualification & Deduction of Bonus
Computation of gross
On dismissal of an employee for profit
• Fraud; or For banking company, as
per First Schedule.
• riotous or violent behaviour while on the premises of the
establishment; or Others, as per
• theft, misappropriation or sabotage of any property of the Second Schedule
establishment or Sec.4
• Misconduct of causing financial loss to the Employer to the
extent that bonus can be deducted for that year. Eligible Employees
Secs. 9 & 18.
Employees drawing wages
upto Rs.3500 per month or
Eligibility of Bonus Payment of Minimum Bonus less.
8.33% of the salary or For calculation
An employee will be entitled Rs.100 (on completion of 5 purposes Rs.2500 per
only when he has worked years after 1st Accounting year month maximum will be
for 30 working days in that even if there is no profit) taken even if an
year. Sec.10 employee is drawing
Sec. 8 Sec. 8 upto Rs.3500 per
month.
Sec.12
Time Limit for Set-off and
Note: The proposal to
Payment of Bonus Set-on
enhance the existing
Within 8 months from the As per Schedule IV.
ceiling of Rs.3500 is under
close of accounting y ear. Sec. 15
active consideration by
Sec. 19
the Govt.
Maintenance of Registers and Records etc.

• A register showing the computation of the allocable surplus referred to in clause (4) of section 2,
in form A.

• A register showing the set-on and set-off of the allocable surplus, under section 15, in form B

• A register showing the details of the amount of bonus due to each of the employees, the
deductions under section 17 and 18 and the amount actually disbursed, in form C.

Act not applicable to certain employees of LIC, General Insurance, Dock Yards, Red Cross, Universities
& Educational Institutions, Chambers of Commerce, Social Welfare Institutions, Building Contractors,
etc. etc. Sec.32.
For contravention of any provision of the Act or the Upto 6 months or with fine upto Rs.1000.
PENALTY Rule Sec.28

Sec.
1
PAYMENT OF Sec.
2(s)

Applicability
GRATUITY
Every factory, ACT, 1972 & THE RULES Wages for
Calculation
mine, oil field,
plantation, port, @ 15 days’
railways, wages for every
company, shop, CHECKLIST completed year
establishment or as if the month
educational comprises of 26
institutions days at the last
employing 10 or Sec. drawn wages.
more employees 2(e)
 Employee

Sec. All employees Qualifying

1 irrespective of period
status or Rule
salary On rendering of 4
Calculation
5 years’ service,
Piece- Calculation
Entitlement either
rated Seasonal Display of
On completion termination,
employee employee Notice
of five years’ resignation or
service except retirement.
@ 15 days @ 7 days’ On conspicuous
wages for in case of
wages for place at the main
every death or
every entrance in
completed completed English language
year on an year of or the language
average of 3 service. understood by
months’ majority of
wages employees of the
Sec.
4(3) factory, etc.
Rule
Sec.6 9
Rule 6 Maximum
Ceiling
Rule
Nomination Mode of
Rs.3,50,00 9
payment
To be obtained 0
by employer Cash or, if so Penalties
after expiry of desired, by
one year’s Bank Draft or Imprisonment for
service, in Cheque 6 months or fine
Form ‘F’ upto Rs.10,000
for avoiding to
Sec. make payment
4(6) by making false
Sec.8 Sec. state-ment or
Rule 8 Forfeiture of Gratuity 13 representa -tion.

Recovery of On termination of an Protection of Imprisonment not

Gratuity employee for moral Gratuity less than 3
turpitude or riotous or months and upto
To apply within disorderly behaviour. Can’t be one year with
30 days in Wholly or partially for attached in fine on default in
Form I when wilfully causing loss, execution of comply-ing with
not paid within destruction of property any decree the provisions of
30 days etc. Act or Rules.

PAYMENT OF WAGES ACT, 1936

CHECKLIST
Applicability of Act
• Factory industrial
Establishment
• Tramway service or motor
transport service engaged
in carrying passengers or
good or both by road for
hire or reward. • Air
transport service Dock,
Wharf or Jetty • Inland
vessel, mechanically
propelled
• Mine, quarry or oil-field
Wages to be paid in
Object of the Act
current coins or
To regulate the payment of wages of
currency notes
certain classes of employed persons
•All wages shall be paid
Time of payment of wages in current coins or
The wages of every person employed
currency notes or in
be paid. both.
When less than 1000 persons are
•After obtaining the
employed shall be paid before the
authorization, either by
expiry of the 7th day of the following
cheque or by crediting
month.
the wages in employee’s
When more than 1000 workers, before
bank Account
the expiry of the 10th day of the
following month.
Sec. 5
 Coverage of Employees
Drawing average wage upto
Rs.6500 pm as amended w.e.f. Deduction made from wages Deduction for
6.9.05. Deductions such as, fine, deduction for absence from duties
amenities and services supplied by the for unauthorised
Fines as prescribed by employer, advances paid, over absence
•Not to imposed unless the payment of wages, loan, granted for
employer is given an house-building or other purposes,
Absence for whole or
opportunity to show cause income tax payable, in pursuance of
any part of the day –
To record in the register
the order of the Court, PF
If ten or more persons
Sec.8 contributions, cooperative societies,
absent without
premium for Life Insurance,
reasonable cause,
contribution to any fund constituted by
deduction of wages upto
employer or a trade union, recovery of
8 days.
Deductions for service losses, ESI contributions etc.etc.
rendered Deduction for damage or loss Sec. 9
When accommodation amenity
or service has been accepted For default or negligence of an
by the employee. employee resulting into loss. Show
Sec.11 cause notice has to be given to the

On contravention of S.5 (except sub-sec.4), S.7, S.8
(except Ss.8), S.9, S.10 (except Ss.2) and Secs.11 to
13.
• For failing to maintain registers or records; or
• Wilfully refusing or without lawful excuse
neglecting to furnish information or return; or
• Wilfully furnishing or causing to be furnished any
information or return which he knows to be false
or
• Refusing to answer or wilfully giving a false
answer to any question necessary for obtaining
any information required to be furnished under
this Act.
• Wilfully obstructing an Inspector in the discharge
of his duties under this Act; or
• Refusing or wilfully neglecting to afford an
Inspector any reasonable facility for making any
entry, inspection etc.
• Wilfully refusing to produce on the demand of an
inspector any register or other document kept in
pursuance of this Act; or preventing any person
for appearance etc.
• On conviction for any offence and again guilty of
Fine not less than Rs.1000 which may extend to
Rs.5000. On subsequent conviction fine not less
than Rs.5000, may extend to Rs.10,000. On
contravention S.4, S.5(4), S6, S.8(8), S.10(2) or S.25
fine not less than Rs.1000. – may extend to
Rs.5000. On subsequent On conviction fine not
less.
• Fine which shall not be less than Rs.1000 but
may extend to Rs.5000 – On record conviction
fine not less than Rs.5000, may extend to
Rs.10,000.
• For second or subsequent conviction, fine not
less than Rs.5000 but may extend to Rs.10,000
Fine not less than Rs.1000 extendable
Upto Rs.5000 – On subsequent conviction fine
not less than Rs.5000 – may extent to Rs.10,000
• Imprisonment not less than one month
When an employee is not liable
for compensation

WORKMEN’S COMPENSATION
• In respect of any injury which
does result in the total or partial
disablement of the workman for

• ACT, 1923
Amount of compensation
Where death of a workman results from the injury •
a period exceeding three days.
In respect of any injury, not
• An amount equal to fifty per cent of the monthly
CHECKLIST
wages of the deceased workman multiplied by the
resulting in death or permanent
total disablement caused by an
relevant factor on an amount of eighty thousand accident which is directly
Coverage of Workmen
rupees, whichever is more. Employer’sto-
attributable liability to pay
Applicabilit All workers irrespective
• Where permanent total disablement results offrom
theirthe • compensation
The workman havingto a workman
been at the
y status or salaries either directly or On death or personal injury resulting
injury. time thereof under the influence
•All over
An amount through contractor or a person
equal to sixty per cent of the monthly into total or partial disablement or
India of drink or drugs, or
recruited
wages of the injured to work multiplied
workman abroad. Sec.1(3)
by the occupational disease caused to a
• Willful disobedience of the
relevant factor or an amount of ninety thousand workman arising out of and during
workman to an order expressly
rupees, whichever is more the course of employment.
given, or to a rule expressly
Procedure for calculation Sec.3
framed, for the purpose of
Higher the age – Lower the compensation securing the safety of workmen,
• Relevant factor specified in second column of Schedule or
IV giving slabs depending upon the age of the concerned • Willful removal or disregard by
workman. the workman of any safety guard
• Example : In case of death. or other device which he knew to
• Wages Rs.3000 PM ● Age 23 years have been provided for the
 Wages Notice
Accident
When the monthly wages
are more than Rs.4000 per As soon as
month it will be deemed Practicable
Rs.4000. Sec. 10
Sec.4 Exh.b

Report of accident Bar upon contracting out

Rule 11 Form EE
Report of fatal Accident and Serious Injury within 7 days to
the Commissioner (not application when ESI Act applies).
Sec.10B
Any workman relinquishing his right
for personal injury not permissible.
Sec.14

PENALTY

• In case of default by employer • 50% of the compensation amount + interest to be paid to

• Deposit of Compensation the workman or his dependents as the case may be.
• Within one month with the Compensation Commissioner
Sec.4A