The Minimum Wages Act, 1948

The state government periodically issues a notification of the Minimum Wages Industry wise. The minimum rates of wages vary state wise. The Notification normally contains the Basic Salary & Dearness Allowance payable. In some states the Minimum HRA & Special Allowance is also prescribed. In some other states the Dearness Allowances are decided based on the Consumer Price Index of the respective state applicable at the time the notification has been issued.

The Factories Act, 1948

The Act applies to any premises where ten or more workers are working and where any part of the manufacturing process is carried out with the aid of power or where twenty or more workers are working and where any part of the manufacturing process is being carried out without the aid of power. The aim of the law is to safeguard the interest of workers and protect them from exploitation. The act also prescribes the requirements with respect to with the safety, health, and welfare of people at work.

The Maternity Benefit Act, 1961

Maternity Benefit Act prescribes guidelines to employers about the benefits to be given to women employees before and after childbirth. Currently the Act prescribes 26 weeks of paid leave for Maternity leave for upto 2 children, 12 weeks from the third child onwards and 6 weeks for miscarriage. This Act covers all factory, mines, plantation, every shop in which 10 or more persons are employed. It is an obligation of employers with 50 or more employees to provide crèche facilities to women employees.

The Payment of Bonus Act, 1965

Bonus Act is applicable to every factory and establishment employing 20 or more persons. This Act is applicable to an employee who draws salary less than Rs. 21,000/- per month and who has worked for minimum period of 30 days in a year. The Employer is liable to pay a minimum bonus of 8.33% subject to a minimum of Rs. 7,000 or applicable minimum wage and a maximum of 20% of salary subject to availability of allocable surplus.

Equal Remuneration Act, 1976

The main object of the Act is to provide for protection against discrimination of women workers on the ground of sex. The Act aims at securing that there is equal pay for equal work for both men and women for the same work or work of similar nature and for the prevention of discrimination on grounds of sex. Same work or work of a similar nature means work which the skill, effort and responsibility required are the same.

The Sexual Harassment of Women at Workplace(Prevention, Prohibition & Redressal)Act, 2013

This Act is applicable to all departments, organisations, undertakings, establishments, enterprise, institution, office, branch of any organisation or establishment etc. Similarly, every employee is covered by the Act. Protection from sexual harassment and redressal of claims are governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. An Internal Complaints Committee (ICC) is to be established by employer in any workplace having 10 or more workers to receive complaints of sexual harassment in the workplace

The Contract Labour (Regulation And Abolition) Act, 1970

The main object of the Act is to prevent exploitation of contract labour and to introduce better conditions of work for welfare of contract labour. The act applies to every establishment employing 20 or more (in some states 40 or more) contract workers. It does not cover establishments that performs work of seasonal or casual nature. This Act is also applicable to every contractor employing 20 or more workers.

The Industrial Employment (Standing Orders) Act, 1946

The Industrial Establishments Standing Orders Act sets the rules of conduct for workmen employed in industrial establishments. The object of the Act is to require employers in industrial establishments to formally define conditions of employment under them. The Act is applicable to all Establishments with 100 or more (In some states 50 or more) employees. The text of the standing orders has to be certified by the relevant Labour Department.

The Payment of Wages Act, 1936

A Legal provision made to protect the wages of workmen. The Act provides that employees shall be paid their wages at regular intervals and prohibits unlawful deductions from wage. This law is applicable to all factories and all other industrial establishments, railway, working journalists etc. The Act does not apply to persons whose monthly wage is Rs. 24,000. Wage means remuneration including salary and allowance but does not include bonus, house rent allowance, value of light and water supply, travelling allowance, gratuity, contribution paid by employer to ESI and PF, or any some paid to defray expenses.

Payment of Gratuity Act, 1972

Gratuity is an additional payment like gift given to an employee as thanks and reward for rendering five or more years of continuous service. Wage means basic salary including dearness allowance and does not include house rent allowance. All the factories, mines, plantations, shops and establishment and other industrial establishments employing 10 or more persons are covered by the Act. The Act is applicable to all the employees whether regular or appointed by contractor. Apprentices are not covered by the Act.

The Apprentices Act, 1961

The Act governs the condition of apprenticeships in India. An apprentice is a trainee who takes apprenticeship training in a company or organisation to learn the competencies and skills of the specific trade. One can undergo apprenticeship training in any industry or establishments in the Central/State Public Sector or Private Sector, where apprenticeship seats are available. Any person who is 14 years or above, fulfils the basic physical and educational standards as defined in the Apprentices Act,1961 are eligible to become apprentice.

Industrial Disputes Act, 1947

The objective of the Industrial Disputes is the provision for an establishment of Labour Court and Board of conciliation machinery for the investigation and settlement of industrial disputes. A workman can raise a dispute directly before a Conciliation Officer in the case of discharge, dismissal, retrenchment or any form of termination of service. After the matter is referred to any of the CGIT-cum-Labour Court, the adjudication process begins. At the end of the proceedings an Award is given by the Presiding Officer.


Top