Contract Labor Regulation ACT 1970
Employee Provided Fund & Miscellaneous
Provisions ACT 1952
FACTORY ACT 1948
BOMBAY Shop &Establishment ACT 1948
Maternity Benefit ACT 1961
Employees Compensation ACT 1923
Cs.deepakpsingh

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OBJECTIVE OF ENACTMENT

ITS’ APPLICABILITY AND EXTEND

CERTAIN IMPORTANT DEFINATIONS

CERTAIN PROVISIONS / BENEFITS ETC.

RIGHTS, DUTIES, OBLIGATIONS ETC.

PENAL PROVISIONS.
Cs.deepakpsingh

Cs.deepakpsingh

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Regulating employment of contract labour so as to place it at par with labour employed directly, with regard to the working conditions and certain other benefits.

To prohibit the employment of contract labour and wherever this is not possible, to improve the condition of work of contract labour.

To provide for health and welfare of contract labours. The object of the Act is to do away with the abuses of the system of employment contract labours.
Cs.deepakpsingh

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To every establishment/ contractor in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.

Not applicable to establishments performing work only of an intermittent or casual nature.
Cs.deepakpsingh

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Appropriate Government

Establishment

Principal Employer

Contractor

Workmen
Cs.deepakpsingh

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Registration of Establishment by PE

Labour Licence by Contractor

Welfare and Health of Contract Labour

Wages
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Maintenance of Registers, Notices, submission of Return
Cs.deepakpsingh

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Rights, duties & obligations by PE

Rights, duties & obligations by Contractors
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For obstructing inspector or failing to produce registers : 3 months’ imprisonment or fine up to Rs.500 or both.
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For violation of provisions of Act or Rules : 3 months’ imprisonment or fine up to Rs.1000 or both.
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For continuing Contravention : Rs. 100 per day.
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Cs.deepakpsingh

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To provide a kind of social security to Industrial workers.
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To provide retirement or old age benefits.
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To provides substantial security, timely monetary assistance to Employees and their family members.
Cs.deepakpsingh

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To every factory engaged in any industry specified in schedule I to the Act and employees 20 or more persons;

To every other establishment employing 20 or more persons specified by the Central Govt.

Voluntarily
Cs.deepakpsingh

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Basic Wages

Contribution

Employer

Employee

Exempted Employee
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Employees’ Provident Fund Scheme
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Employees’ Pension scheme
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Employees’ Deposit-linked Insurance Scheme.
Cs.deepakpsingh

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Employees’ Provident Fund Scheme

Employees’ Pension scheme

Employees’ Deposit-linked Insurance Scheme.
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Contributions

Section 7A – Determination of Dues
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Recoveries of Dues

Review of Order / Appealiate Tribunal
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Not to reduce Wages
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Interest and damages
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Provisions in relation to I / W
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PE liable with penal measures
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Maintain / Ensure proper books of accounts specially labour components
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Proper heads of Accounts
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Ensure compliance on labour components
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From beginning – no criteria of 8 years as in IT
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
PF WITHDRAWAL / SETTLMENT BOTH
SHARES WITH INTEREST BY MEMBER /
NOMINEE
IT EXEMPTION ON CONTRIBUTION
PENSION WITHDRAWAL
PENSION – MONTHLY TO MEMBER,
WIDOW /WIDOWER AND CHILDREN
PENSION – ORPHAN, PERM DISABILITY
INSURANCE U/R EDLI TO NOMINEE
Cs.deepakpsingh


Employer Portal / Employee Portal

UAN and number portability

KYC upload

Monthly ECR – No other periodical returns

Speedy disposal of Claims
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Person avoiding any payment due from him is liable to be punished with imprisonment for a term which may extend to one year or with fine of Rs. 5000 or with both.

Contravening the provisions in relation to the payments to be made into the Pension Scheme or making defaults in payment of inspection charges, shall be punishable with imprisonment which may extend to three years
Cs.deepakpsingh

Cs.deepakpsingh

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To regulate the working conditions in factories.
It is a social legislation which provides for health, safety, welfare and other aspects of the workers working in factories such as proper working hours, leave and other benefits.

The Act aims at protecting workers employed in factories from unfair exploitation by the employer.
Cs.deepakpsingh

Factory means-
 any premises in which 10 or more workers are working and a manufacturing process is carried on with the aid of power;
 any premises in which 20 or more workers are working and a manufacturing process is carried on without the aid of power.
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Factory

Worker

Manufacturing Process

Hazardous Process
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Occupier

Manager

Power

Competent Person

Adult, Adolescent, Chiild & Young Person
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Health Measures

Safety Measures

Hazardous Process

Welfare Measures

Working Hours
Cs.deepakpsingh


Employment of young persons

Annual Leave with wages

Special Provisions

Penalties and Procedures
Cs.deepakpsingh







Number of workers 20 /40
Amends / Add Def (i) hazardous process, (ii) manufacturing process, (iii) occupier, (iv) prescribed, (v) hazardous substance, and (vi) disability.
Compounding of offences
Remove restrictions from working of woman
Increase hours for overtime and paid leave
Raises the penalties
Cs.deepakpsingh


NAMO IS LOOKING TO ALIGN WORKING CONDITIONS IN
SME

PROPOSED SMALL FACTORIES ACT AMENDMENT BILL

REMOVES BAR ON WOMEN OPERATING CERTAIN
MACHINES

INCREASES PERMISSIBLE OVERTIME HOURS

REDUCES NUMBER OF COMPLAINCE FORMS

INCREASES LAWS TO EXEMPT FACTORIES FROM
MAINTAING REGISTERS AND FILLING RETURNS
Cs.deepakpsingh

Cs.deepakpsingh


To regulate the condition of work / employment and therefore to secure maximum benefits
 to consolidate and amend the law relating to the regulation of conditions of work and employment: of employees working in Shops, Commercial
Establishments, residential hotels, restaurants, eating houses, theatres and other places of public amusement or entertainments.
Cs.deepakpsingh

It applies to all local areas specified in
Schedule-I.
State Government may extend all or any of the provisions to such other local areas.
Cs.deepakpsingh

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





Commercial Establishment
Establishment
Shop
Residential Hotel, Restaurant or Eating House
Theatre
Employee
Employer
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






Registration of Establishment.
Opening & Closing Hours.
Prohibition of Hawking.
Daily and Weekly Hours, Rest Interval &
Spread Hours.
Weekly Holiday.
Employment of Child, Young Person, Woman.
Leave with Pay.
Health & Seftey
Cs.deepakpsingh

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




Display the registration certificate prominently.
Keep a Visitor’s book and it should be made available for officers/ staff from the Municipal corporations, who come to inspect the premises.
Display the signboard of the shop in Marathi /
Devnagri script.
Keep the shop / Commercial Establishment closed for one day in a week compulsory.
Notice of the holiday to be displayed prominently in the shop / establishment.
No deduction of wages in respect of permanent employees for the weekly off day.
Cs.deepakpsingh

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The Shop-owner/Establishment /Employer has to choose the day of the week, for which he wants to keep the shop / establishment closed, generally
Sunday ( being Public holiday under the
Negotiable Instrument Act, 1881) or on Monday or on other day being Zonal weekly off day as fixed by BMC in Mumbai jurisdiction.

Notify such closed days at the beginning of the year to the Inspector and display a notice prominently at conspicuous place in the shop or commercial establishment.
Cs.deepakpsingh

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Hawking before opening and after closing hours of shops, except sale of news papers- Fine Rs1000-
5000.

Employing a person on a day on which shop or commercial establishment remains closed or on the day of leave- Fine Rs.500-5000.

False entries by employer/ manager in registers etc- Fine Rs.1000-5000.

Wilful obstruction of Inspector-Fine Rs.1000-5000.
Cs.deepakpsingh

Cs.deepakpsingh

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To regulate the employment of women in certain periods before and after child birth.

To provide for maternity benefits including maternity leave, wages, bonus, nursing breaks etc.

To protect the dignity of motherhood and the dignity of a new person by providing for full and healthy maintenance of both the women and her child at this important time when she is not working.
Cs.deepakpsingh


To every establishment being a factory, mine or plantation, shops and establishments employing 10 or more persons.

To establishment belonging to Govt. & to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.

Except employees covered under the ESI Act 1948.

Can be extended to other establishments by the State
Governments.
Cs.deepakpsingh

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






Appropriate Government
Child
Delivery
Employer
Establishment
Wages
Maternity Benefit
Women
Cs.deepakpsingh

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BENEFITS – Cash Benefit
Leave with avg pay for 6 weeks before and after delivery.
Medical Bonus of Rs. 3500;
Additional leave with pay up to 1 month for illness due to pregnancy, delivery, miscarriage, or premature birth.
In case of miscarriage, 6 weeks leave with avg pay from the date of miscarriage.
In case of tubectomy operation, 2 weeks Leave with.
Cs.deepakpsingh

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BENEFITS – Cash Benefit
Light work for 10 weeks before expected delivery.
2 nursing breaks of 15 minutes until the child is 15 months old.
No discharge or dismissal while maternity leave.
No change to her disadvantage in any of the conditions of her employment while on maternity leave.
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CONDITIONS FOR CLAIMING BENEFIT
Must actually work for 80 days in 12 months immediately preceding her date of delivery;
Should intimate employer seven weeks before her delivery date about the leave period;
Can take advance payment for 6 month before delivery;

Can take payment for 6 week leave after child birth within 48 hours after submitting proof of delivery;
Cs.deepakpsingh

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Display an abstract of the provisions of this Act and the rules made thereunder in the language or languages of the locality shall be exhibited in a conspicuous

Maintain such registers, records and musterrolls and in such manner as may be prescribed under the Maternity Act.
Cs.deepakpsingh

If any employer fails to pay any amount of maternity benefit to a woman entitled under this Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this Act, the employer shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than
Rs: 2000/-, which may extend to Rs: 5000/-.
Cs.deepakpsingh

Cs.deepakpsingh

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To provide relief or compensation in case of accidents arising out of and in the course of employment and causing either death or disablement (partial or total) of workmen.

To provide compensation in case of occupational disease caused to an employee arising out of and in the course of employment.
Cs.deepakpsingh

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Factories, mines, plantations, transport establishments, construction work, railways, ships, circuses, & other hazardous occupations & employments specified in
Schedule II to the Act.

Irrespective of status or salary , direct employment or otherwise.

Person recruited to work abroad.

The Act does not apply to members of Armed Forces of the
Union & workmen who are covered by the ESI Act, 1948.
Cs.deepakpsingh


Commissioner

Compensation

Dependant

Employee
Cs.deepakpsingh


Employer

Partial Disablement

Total Disablement

Wages
Cs.deepakpsingh

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Compensation in case of Death

Compensation in case of PTD
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Compensation in case of PPD

Compensation in case of TD

Compensation not liable to pay

Contracting Out
Cs.deepakpsingh

An employee whose age is 25 years and monthly wage is Rs 5,000/-.
Wage of employee is Rs. 5,000/- which is less than MW Rate. We suppose MW Rate is Rs.
7,000/-. For the purpose of compensation, his wage is Rs. 7,000/-.
At age 25 years relevant factor as per Schedule
IV is 216.91.
Cs.deepakpsingh


Compensation in case of death:
50% of monthly wages x relevant factor
=3,500 x 216.91
=7,59,185.00

Compensation in case of Permanent Total
Disability:
60% of monthly wages x relevant factor
=4,200 x 216.91
=9,11,022.00
Cs.deepakpsingh


Compensation in case of Permanent Partial Disability:
(Suppose loss of thumb)
% (as per Schedule I) of Permanent Total Disability.
=30/100 x 91,022.00
=27,307.00

Compensation in case of Permanent Partial Disability:
25% of monthly wages x 2 (twice in a month)
=1,750.00 x 2
=3,500.00 per month
Cs.deepakpsingh

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An employee whose age is 35 years and monthly wage is Rs 15,000/-.

Wage of employee is Rs. 15,000/- which is above ceiling of 8,000/-. For the purpose of compensation, his wage is Rs. 8,000/-.

At age 35 years relevant factor as per Schedule
IV is 197.06.
Cs.deepakpsingh


Compensation in case of death:
50% of monthly wages x relevant factor
=4,000 x 197.06
=7,88,240.00

Compensation in case of Permanent Total Disability:
60% of monthly wages x relevant factor
=4,800 x 197.06
=9,45,888.00
Cs.deepakpsingh


Compensation in case of Permanent Partial Disability
(Suppose loss of thumb)
% (as per Schedule I) of Permanent Total Disability.
=30/100 x 9,45,888.00
=2,83,766.00

Compensation in case of Permanent Partial Disability:
25% of monthly wages x 2 (twice in a month)
=2,000.00 x 2
=4,000.00 per month
Cs.deepakpsingh

An employee whose age is 61 years and monthly wage is Rs 2,000/-. Employment is non schedule and no minimum wage applicable.
Wage of employee is Rs. 2,000/-. For the purpose of compensation, his wage is Rs. 2,000/-.
At age 61 years relevant factor as per Schedule IV is 113.77.
Cs.deepakpsingh


Compensation in case of death:
50% of monthly wages x relevant factor
=1,000 x 113.77
=1,13,770.00
(But minimum 1,20,000.00 is payable).

Compensation in case of Permanent Total Disability:
60% of monthly wages x relevant factor
=1,200 x 113.77
=1,36,524.00
(But minimum 1,40,000.00 is payable).
Cs.deepakpsingh


Compensation in case of Permanent Partial Disability
(Suppose loss of thumb)
% (as per Schedule I) of Permanent Total Disability.
=30/100 x 1,40,000.00
=42,000.00

Compensation in case of Permanent Partial Disability:
25% of monthly wages x 2 (twice in a month)
=500.00 x 2
=1,000.00 per month
Cs.deepakpsingh


Maintain a notice book in prescribed form of claim

Submit a statement regarding fatal accident to commissioner

Submit a report of fatal accident and serious bodily injury to commissioner

Submit return as to compensation to commissioner

Payment of compensation
Cs.deepakpsingh


In default of duties by employer, punishment with fine up to Rs. 5000.
Cs.deepakpsingh

Cs.deepakpsingh