Employees ( condition of services) and Miscellaneous Provisions Act,1955
It contains 4 chapters containing 19
sections. It covers
Principal and statutory rights and privileges of WJ
Their work hours,wages,gratuity Rights entitled under, Industrial Disputes Act,1947, Industrial Employment Act,1946, Employee provident Fund Act,1952
Chapters
Chapter 1: introduction and the
application of the Act, definitions ( 1-2) Chapter 2: part concerned with WJ (313a) Chapter 2A part concerned with non journalist newspaper employees ( 13b13d) Chapter 3: Application of certain Acts like IDA,IEA, EPF ( 14-15) Chapter 4: Miscellaneous Provisions ( and inspection) ( 16-19B)
WJ Provisions ( 3-13A) s.3
The provision of IDA, 1947 is
applicable to all WJ, and the owner can retrench Any editor with 6 months notice Any other Journalist with 3 months notice
s.4 benefits
If the WJ had been retrenched duty
between 14th July 1954 -12th March,1955 he/shall be entitled to receive from the employer Wages for one month or one months notice period Compensation equivalent to 15 days average pay for every completed years of service.
s.5 Payment of gratuity
Continuous Service 1- WJ is said to be in continuous service if he/she has 3yrs of experience in newspaper industry and (1) not terminated under disciplinary action (2) he retires from service on reaching the age of superannuation. WJ is said to be continuous service, if they have 3yrs of experience, and voluntarily resigns from service on the ground of conscience. WJ is said to be continuous service, if they have 10yrs of experience, and voluntarily resigns from service other than on the ground of conscience. Any WJ dies while he is in service
s.5 Payment of gratuity
How its calculated Gratuity is equivalent to 15 days average pay for every completed years of service.( or any part of that in excess of six months) total amount of gratuity shall not exceed 12 and a half months average pay. After death nominee or nominees In absence of nominees Male WJ- widow, children, parents Female WJ- husband, children, parents
s.5 Payment of gratuity
If an organization is having 6 or less
than 6 number , gratuity wont be equivalent to 15 days average pay 3 days ave pay if 0-5 yrs experience 5 days ave pay if 5-10 yrs experience 7 days ave pay if 10+ yrs experience
s.5 Payment of gratuity
2. Disputes In case of any disputes, it will be settled using IDA,1947
s.6 Hours of Work
Not more than 144 hrs in 4
consecutive weeks ( excluding time for meals) 24 hrs of rest during a week
s.7 Leaves
Public Holidays , Casual Leaves
Earned leaves ( Full wages) 1/11th of the period spend on duty Medical leaves (Half Wages) 1/18th period spend on duty
s.8 Fixation or revision of rates of
wages.
Central govt. will fix or revise the
wages in respect of WJ from time to time under this section WJ ( Fixation of Rates of Wages)Act,1958 It will be based on time work or piece work
s.9. Procedure for fixing and revising rates of wages
Central govt. will constitute a wage Board consisting
2 persons representing employer side
2 persons representing employee side 3 independent persons ( one will be a judge or HC or SC , and he/she shall be the chairman or chairperson
s.10 Recommendations by the Board
Wage Board through Notice seeks
representatives from WJ and other persons interested in fixing or revising the wages as per the Act Every such representation shall be in writing, and to be made with in a time frame presented by the board. Opinion must be reasonable, in congruent with the capacity of the employer.
s.10 Recommendations by the Board
If it thinks fit, Board will evaluate the
representation by examining the materials placed, and recommend to the central government They will specify the effect prospectively or retrospectively While making the recommendations to the central govt. board shall consider. Cost of living, industrial environment, other circumstances
s.11. Powers and Procedures of the
Board
Wage Board has the power of a
tribunal, created under the IDA,1947 Representations made are open to the interested nominal fee is charged In case of any vacancies- filled by central govt. in accordance with s.9
s.12. powers of the central govt. to enforce
recommendations of the Wage Board
After the receipt of the recommendation
cent. Govt. will make an order by considering the recommendation or subject to modification if it think fits Before making any modification shall inform the person likely to be affected, and suggestions for further recommendation Order will be publicized in official gazette with recommendations of the Board and operation date
s.13. WJ entitled to wages at rates not
less than those specified in the order
When s.12 in operation, all WJ will
get the presented salary
s.13 A Power of the government to fix
interim rates of wages.
Central govt. in consultation with
Wage Board if necessary fix the interim wages Its applicable to all employees in newspaper establishment It will remain till the order under sec.12 is passed