Workmen Compensation Act

Workmen Compensation Act

   August 21, 2012       Unknown

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Workmen’s Compensation Act, 1923

This provides for compensation to workmen or their survivors in cases of industrial accidents and occupational diseases, resulting in disablement or death. The Act was recently amended and renamed as Employee Compensation Act, 1923. It covers persons employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations listed out in schedule II of the Act.

In addition, schedule III contains a list of diseases and persons in occupations where infection is possible. Qualifying persons are eligible to claim compensation under this Act. This law applies to the unorganized sectors and to those in the organized sectors who are not covered by the Employees State Insurance Scheme. The Act is administered by the State Governments through Commissioners for Workmen’s Compensation. The Commissioner is required to dispose of the matter relating to compensation within 3 months of reference.

Minimum Compensation in case of death is Rs. 120,000 and in the case of permanent total disablement is Rs. 140,000. The monthly wage ceiling is at present Rs.8, 000. Maximum compensation can go up to 50% of the monthly wage multiplied by relevant age factor as specified in the act.

Compensation should be paid early. Delay beyond 1 month will attract interest and penalty of up to 50% of the compensation. Certain other offenses attract fine of up to Rs. 5,000.In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts.

Employer is not liable in case the disablement of workman is three or less days, except in case of death when the injury is caused due to influence of drink or drug taken by the workman or upon his willful disobedience to obey safety rules or removal of safety guards by him.

Maternity Benefit Act, 1961

The Maternity Benefit Act, 1961 (MBA) regulates the employment of women in certain establishments for a prescribed period before and after childbirth and provides certain other benefits, including leave, to a woman who has undergone miscarriage, illness arising from pregnancy, and delivery and/or premature birth of a child. This is applicable for organizations not covered under ESI Act.

The Act provides for 12 weeks of paid leave as maternity leave and 6 weeks in case of miscarriage or termination of pregnancy. In addition to the provisions for leave and cash benefits, the Act also makes provisions for matters like light work for pregnant women 10 weeks prior to her delivery, nursing breaks during daily work till the child attends age of 15 months, etc.

The female employee should have served the institution for a minimum period of 80 days in 12 months preceding the date of expected delivery. The benefits are calculated on the basis of daily average wage for the period of absence of the employee. There is no wage limit for coverage under the Act.

The Payment of Gratuity Act, 1972 (PGA)

It provides for the payment of gratuity to all employees earning wages to do any skilled, semi-skilled, unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such employees are employed in a managerial or administrative capacity.

It applies to factories and other establishments employing ten or more persons. On completion of five years service, the employees are entitled to payment of gratuity of 15 days wages for every completed year of service or part thereof in excess of six months subject to a maximum of Rs.1 million. The wage ceiling for coverage under the Act has been removed since 24.05.1994.

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LAWS RELATING TO SOCIAL SECURITY

LAWS RELATING TO SOCIAL SECURITY

   August 21, 2012       Unknown

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Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (EPFMPA)

It was enacted to ensure the financial security of employees in an establishment by providing a system of compulsory savings. A provident fund, required to be established under the EPFMPA, is a contributory fund created to secure the future of employees post retirement. Employees are also allowed to withdraw a part of their PF before retirement. Central Board of Trustees, Employees’ Provident Fund is responsible for administering the EPFMPA. The act is applicable all over India except the state of Jammu and Kashmir. The schemes provided under this act are-

Employee provident fund scheme (EPF) 1952.

Employees’ pension scheme (EPS) 1995

Employees deposit linked insurance (EDLIS) 1976.

Establishments with 20 or more workers should register with Employees provident fund organization which comes under any of the 180 industries specified in the Act. EPF, EPS and EDLIS are calculated on Basic salary, dearness allowances, cash value of food concession and retaining allowances, if any. As per the EPF ceiling limit, the employer is liable to pay contribution only on Rs.6500/- irrespective of the basic salary.

Scheme Name Employee contribution Employer contribution Government Contribution

Employee provident fund 12% 3.67% 0

Employees’ Pension scheme 0 8.33% 1.16%

Employees Deposit linked insurance 0 0.5% 0

EPF Administrative charges 0 1.1% -

EDLIS Administrative charges 0 0.01% -

Employer must remit the contribution deducted to the government before 15th of the following month and are required to submit periodical returns within specified time. Employers are liable to pay interest on late payment of EPF, EPS, EDLI and Administrative charges.

Employees State Insurance Act, 1948 (ESI)

The ESI provides healthcare and cash benefits to employees in the event of sickness, maternity and employment injury. Health and medical care facilities are provided to the workers through a network of hospitals, annexes and dispensaries located throughout the country. The scheme is administered by an apex corporate body called the Employees’ State Insurance Corporation. It offers full medical care to workers and their dependants without any ceiling on individual expenditure. It offers a special package of full medical care to retired/disabled insured persons for self and spouse for a nominal contribution of Rs.120/- per annum. It provides economic protection through cash payments in the event of sickness, temporary/permanent disablement, and maternity, death due to employment injury or occupational disease and unemployment.

It is applicable to the factories employing 10 or more persons irrespective of whether power is used in the process of manufacturing or not. It is applicable to various classes of establishments, industrial, commercial, agricultural or otherwise in nature and includes establishments, such as, Medical and Educational Institutes, shops, hotels, restaurants, cinemas. The existing wage-limit for coverage under the Act, is Rs.15, 000/- per month (with effect from 01.05.2010).

Employees earning upto Rs. 70/- a day are exempted from payment of their share of contribution. The State Governments, as per provisions of the Act, contribute 1/8th of the expenditure of medical benefit within a per capita ceiling of Rs. 1200/- per Insured Person per annum. Any additional expenditure incurred by the State Governments, over and above the ceiling and not falling within the shareable pool, is borne by the State Governments concerned.

ESI Contribution Rates.

·       Employees-  1.75% of wages

·       Employers-  4.75% of wages

An employer is liable to pay his contribution in respect of every employee and deduct employee contribution from wages and shall pay these contributions at the above specified rates to the Corporation within 21 days of the last day of the Calendar month in which the contributions fall due.

Contribution period and Corresponding Cash Benefit period

Contribution Period Cash Benefit Period
1st April to 30th Sept. 1st January of the following year to 30th June.
1st Oct. to 31st March 1st July to 31st December of the year following

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LAWS RELATING TO WAGES & BENEFITS

LAWS RELATING TO WAGES & BENEFITS

   August 21, 2012       Unknown

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Minimum Wages Act 1948

The Act contains list of all employments for which minimum wages are to be fixed by the appropriate Governments. It includes non-agricultural employments and employment in agriculture. It empowers appropriate Government to fix the minimum rates of wages for specified employments. Recently with effect from April 1, 2011 the National Floor Level of Minimum Wage has been raised to Rs. 115 per day.

Payment of Bonus Act 1965

The payment of Bonus Act is applicable to every factory and every other establishment in which 20 or more persons are employed on any day during an accounting year excluding some categories of employees as contained in the Act. PBA mandates payment of bonus to every employee in an accounting year, in accordance with the provisions of this legislation, provided that he or she has worked in the establishment for not less than 30 days and draws a salary or wage not exceeding Rs.10, 000 per month.

Minimum bonus shall be 8.33% of salary/wages earned or Rs. 100 whichever is higher, it is payable on completion of 5 years after 1st Accounting year even if there is no profit. If the allocable surplus exceeds the amount of minimum bonus, then bonus shall be payable at higher rate subject to a maximum 20% of salary/wages. Computation of bonus is to be worked out as prescribed in the Act. Bonus shall be paid within 8 months from the close of accounting year. A register showing the computation of the allocable surplus, another register showing the set-on and set-off of the allocable surplus, and register showing the details of the amount of bonus due to each of the employees, the deductions and the amount actually disbursed must be maintained.

Payment of Wages Act, 1936

Enacted during the British Rule in 1936 on the recommendations of the Royal Commission on Labour, the Act regulates the payment of wages to workers and ensures that they are disbursed by the employers within the stipulated time frame and without any unauthorized deductions. Enforcement of the Payment of Wages Act is primarily the responsibility of the State Governments. The Central Government is responsible to enforce the Act only in mines, railways, oilfields and air transport service by virtue of Section 24 of the Act.

Inspectors are appointed under the provisions of the Act who conduct regular inspections to ensure that the employers pay the wages timely and correctly. Defaulting employers are advised to pay full wages in time.  In case of non-adherence to the advice, there are provisions to prosecute.

The Act lays down that the wage period exceeding one month should not be fixed and payment of wages must be made before the entry of specific day after the last day of the wage period.  The specific day is the seventh day of a month where the number of workers is less than 1000 and tenth day in case the number of workers is 1000 or more.  All wages must be paid in current legal tender.  The wages can also be paid by cheque or credited to the bank account of the employed persons with the written authorization of the letter.  The beneficiary under the Act are, however those who are in receipt of wages below the Rs. 10,000/- per month.

The Act provides that the wages of an employed person shall be paid to him without any deductions except those authorized under the Act.  Deductions permissible from wages inter-alia relates to unauthorized absence from duty, deductions for house accommodations, recovery of advances and statutory dues etc.

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LAWS RELATING TO WORKING CONDITIONS

LAWS RELATING TO WORKING CONDITIONS

   August 21, 2012       Unknown

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Factories Act, 1948

This regulates health, safety, welfare and other working conditions of workers in factories and it is enforced by the State Governments through factory inspectorates. The Directorate General Factory Advice Service & Labour Institutes (DGFASLI) functions as a technical arm of the Ministry for coordinating with the State Governments. DGFASLI conducts training, studies and surveys relating to safety and health of workers through the Central Labour Institute in Mumbai and other Regional Labour Institutes. The Act is applicable to all factories including government factories using power and employing 10 or more workers and 20 in the case of factories not using power on any day of the preceding 12 months.

Some of the provisions under the Act include the following grouped under the chapters stated below

1. Compulsory approval, licensing and registration of factories – The occupier shall notify the Factory Inspectorate at least 15 days before the commencement of operations in the premises providing information such as location, nature of operation, number of workers employed, rated horsepower installed or to be installed.
2. Health measures – Every factory- shall be kept clean and free from effluvia arising from any drain, privy or other nuisance and in particular accumulations of dirt –  Shall arrange for waste treatment and effluents generated during manufacturing, provide adequate ventilation, lighting and optimum temperature to provide reasonable condition of comfort -Shall prevent overcrowding and provide facility for wholesome drinking water.
3. Safety measures – Every dangerous part of any machinery shall be securely fenced and constantly maintained. No person shall be allowed to work at any dangerous machine without proper training or full instruction regarding potential dangers and precautions required.  Every hoist and lift shall be of good mechanical construction, sound material and adequate strength, properly maintained, and thoroughly examined by a competent person in prescribed intervals.
4. Welfare measures- Provision shall be made for – Separate and adequate washing facilities for male and female workmen. Facilities for sitting for workers obliged for work normally in standing position. First Aid-box, one for every 150 workmen, under charge of a trained person. Ambulance room for factory ordinarily employing more than 500 workmen. Suitable and adequate Rest Shelter or a Rest room and Lunch room to be provided in factories ordinarily employing more than 150 workers. However, the provision shall not be required, if canteen according to sec 46 has been provided. Canteen at factories employing 250 workers or more, crèche of prescribed standards at factories employing 30 or more women. Factory ordinarily employing 500 or more workers, are required to appoint a Welfare officer, whose duties, qualifications and conditions of service are prescribed under the State Factory Rules.
5. Working hours – not more than 48 hours in any week and not more than nine hours in a day. For working hours beyond the prescribed limit, the overtime work will be entitled to twice ordinary wage and allowance. A compulsory rest of at least half an hour between each period of work and such period of work shall not exceed five hours. Compensatory holiday in lieu of weekly holidays deprived and such compensatory holiday must be given within the same month or two months following the month when the weekly holiday was missed.
6. Annual leave provision – One day leave for every 20 days of work for an adult worker one day for every 15 days of work in the case of child worker. To be entitled for this the worker should have worked for a period of 240 days or more during the previous calendar year. Maternity leave for women not exceeding 12 weeks.
7. Employment of women and young persons – No woman worker shall be required to work at night but this is not applicable to persons holding position of Management or supervision or who are employed in confidential positions in a factory as may be defined by the State Government. No child below 14 years shall be employed in factories.

A child who is over 14 years of age, in order to work in factory must be certified to be fit for work in a factory by a Certifying Surgeon. The certificate is valid for one year and is to be kept in the custody of the manager and the child or the adolescent has to carry with him while at work, a token giving reference to such certificate. Such child workers must not work for more than four and half hours on any day and during night. The period of work is also not to be spread over more than two shifts of five hours each. Every child worker is to be compulsorily allowed a weekly holiday.

1. Accident and occupational diseases – the manager of the factory shall send notice to prescribed authorities within the prescribed time limit in the event of an accident that causes death or injury preventing a person from working for a period of 48 hours or more immediately following the accident. Likewise if any worker in a factory contacts any disease specified in the third schedule the manager of the factory shall send a notice, not later than 4 hours to the prescribed authority.
2. Dangerous operations – A Site Appraisal Committee considers applications for grant of permission for the initial location of a factory, involving hazardous process or an expansion of any such factory. Disclose information regarding dangers, including health hazards and measures to overcome such hazards arising out of hazardous substances, to the Chief Inspector of Factories, local authority and the general public in the vicinity. Prepare health and safety policy, emergency plan etc. The occupier must maintain accurate and updated medical record of the workers, appoint qualified, experienced and competent supervisors to supervise handling of hazardous substances. Pre-employment and post-employment medical examination of workers, at regular intervals.
3. Obligations and rights of employees- No worker shall willfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purposes of securing the health, safety or welfare of the workers or willfully and without reasonable cause do any thing likely to endanger himself or others, or neglect to make use of any appliance or other things provided in the factory for the purposes of securing the health or safety of the workers therein. Contravention will entail imprisonment up to 3 months or fine or both.

LAWS RELATING TO WORKING CONDITIONS : source

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Guide to Employment Law in India 1

Guide to Employment Law in India 1

   August 21, 2012       Unknown

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The labour policy in India is influenced by international conventions, recommendations of national and international conference, constitutional rights, recommendations made by commissions, labour unions etc. There is generally a protectionist approach, in favour of employee, in statutes governing the labour and employment.  Labour is a subject in the concurrent list under the Constitution of India therefore the Central and State Governments are empowered to enact legislation in this regard subject to specific matters being reserved for the centre.

This scenario has resulted in a large number of statutes regulating different aspects of labour right from wages, compensation, resolution of disputes, social security, occupational safety etc. There are over 50 Central Government Enacted Acts and over 200 State Government enacted statutes. Ministry of Labour and Employment is responsible for formulation and administration of the rules and regulations and laws relating to labour and employment. Familiarising with the employment laws and regulations will be immensely useful for a foreigner setting up an enterprise in India, or any employer employee for that matter. The following article is a bird’s-eye view of some of the important employment laws that will be of significance to employers and employees.

Source

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