1.  THE EMPLOYEE’S PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952:

   Applicability: To every establishment, which is a factory engaged in any  industry specified in Schedule I and in which twenty or more persons are employed, and to any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazatte, specify in this behalf. Provided after giving not less than two months notice of its intention so to do.

  Benefits under the Act:

  • Employee’s Provident Fund Schemes,
  • Employee’s Pension Scheme,
  • Employee’s Deposit Linked Insurance Scheme.

  Rate of Contribution on (Basic and D.A.):

  • Employer Contribution – 12% (8.33% for Pension Fund & 3.67% for Provident Fund and 0.50% from the employer and 0.25% from the Central Government to the Insurance Fund).
  • Employee’s Contribution – 12% to the Provident Fund Account.

For more information visit to www.epfindia.com

 2. THE EMPLOYEES STATE INSURANCE ACT, 1948:

  Applicability:

  1. To every establishment in which 10 or more workers are ordinarily employed.
  2. To those workers whose wages does not exceed Rs. 10,000/- per month when the worker initially join for service.

  Benefits:

  1. Sickness benefit,
  2. Maternity benefit, 
  3. Medical benefit,
  4. Disablement benefit,
  5. Dependant benefit and 
  6. Funeral benefit

  Rate of Contribution:

           Employer Contribution – 4.75% of worker wages

           Employees’ Contribution – 1.75% of worker wages.

   For more information visit to www.esic.nic.in 

 3. THE FACTORIES ACT, 1948:

   Applicability:

Where 10 or more workers are working, or were working on any day of the  preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or where 20 or more workers are or were working with out the aid of power.

 The provisions of the Act deals with the following aspects:

  1. Health of workers,
  2. Safety measures,
  3.  Provisions relating to Hazardous processes,
  4.   Welfare measures,
  5. Working hours,
  6. Employment of young persons,
  7. Annual leave with wages,
  8. Special provisions.

 For more information visit to

www.pblabour.gov.in/pdf/acts_rules/factories_act_1948.pdf

 

4. THE PAYMENT OF GRATUITY ACT,1972:

 Applicability:

To every establishment in which 10 or more workers are ordinarily employed.

Eligibility to claim gratuity:

Every employee who has continuously worked for more than 5 years  in the same establishment will be eligible for claiming gratuity. However if the employee who works for more than 240 days in a 5th year can also claim gratuity from his employer.

Formula for calculating the gratuity:

Last drawn wages (Basic and D.A.) / 26 X 15 X No. of years of service.

Duty of employer:

  1. Every employer has to pay gratuity amount to the eligible employee within 30 days of his resignation or termination etc.
  2. If the employer fails to pay within 30 days then the statue mandates for paying interest on the gratuity amount for causing delay.

 For more information visit to

     www.labour.gov.in/clc/PaymentofGratuityAct.doc   

5. THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIOS OF SERVICE) ACT, 1996:

 Applicability:

To every establishment, which employs, or had employed on any day of the preceding twelve months, 10 or more building workers in any building or other construction work.

Conditions for registration of building workers as beneficiaries under the Construction Workers Welfare Board:

  1. Every building worker who has completed 18 years of age, but has not completed 60 years of age,
  2. Who has been engaged in any building or other construction work for not less than 90 days during the preceding 12 months.

 Benefits available to the registered construction workers from the Karnataka Building and Other Construction Workers Welfare Board:

1.   Immediately after registration in the Board the workers are eligible for the following benefits:

  • Rs. 4,000/- towards the funeral expense of the deceased workman and Rs. 15,000/- under Anugraha Rashi to the family members of the deceased workman.
  • Rs. 400 to Rs. 2,000/- towards medical expenses of the member for getting treatment as an in patient, form the government hospital or from government approved hospitals.
  • Rs. 1 lakh compensation to the worker if he dies while doing construction work or dies while going to or coming from work.
  • Rs. 1 lakh compensation if he becomes permanent total disabled or proportionate amount on the bases of percentage of disability.
  • Rs. 50,000/- financial assistance for taking treatment for major ailments.
  • Rs. 3,00/- monthly pension for those who have become permanent total disabled because of major ailment and
    Rs. 5,000/- as ex-gratia amount to the member.
  • Rs. 50,000/- exgratia compensation for those construction workers who are not registered under the Board and died due to the collapse of the building under construction. Rs.10,000/- to Rs.20,000/- exgratia compensation for those construction workers who are not registered under the Board and sustained major injury. 

 2.   After completion of one year as a member in the Board the workers are eligible for the following benefits:

- Rs. 6,000/- as delivery benefit for women for delivery of first two children.

- Educational assistance:

     For two children:

  • Studying in 8th and 9th standard Rs. 1,000/-.
  • Passed in 10th standard Rs. 3,000/-.
  • Passed in P.U.C. Rs. 2,000/-.
  • Studying ITI/Diploma Rs. 3,600/-.
  • Studying in degree for every year Rs. 2,000/-.
  • Studying in post graduation  for every year Rs. 10,000/-.
  • Studying in any professional course for every semester Rs. 5,000/-.

- Rs. 10,000/- towards marriage expense of the member or his two children.

 3.   After completion of two years as a member in the Board the workers are eligible for the following benefits:

  • Rs. 5,000/- interest free loan for purchasing building construction equipments.

4.   After completion of five years as a member in the Board the workers are eligible for the following benefits:

  • Rs. 500/- as monthly pension for those female member who completed his 50 years of age and for those male member who completed his 55 years of age.
  • Rs. 50,000/- loan at 5% interest for construction of house or for purchase of house by the member.

 Rate of Contribution:

The building owner contributes 1% of the construction cost which exceeds Rs. 10 lakhs as cess to the Board.

 For more information visit to www.legalhelpindia.Com/bare-acts.html

6.  THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979: 

Applicability:

  1. To every establishment in which 05 or more inter-state migrant workers are or were ordinarily employed for work by the employer or contractor in the preceding twelve months. 

 Registration process of inter-state migrant workers:

  1. Every employer of the establishment to which this act applicable has to give representation to registering authority to register his establishment under this Act.
  2. No principal employer has been authorized to employ inter-state migrant workers unless he gets a certificate of registration under this Act.

Duties and liabilities of Contractor:

  • The contractor who employees the inter-state migrant workers should within 15 days from the date of employment has to give details of such workers to the officers of that state and also in the labour department from which state he has taken them for work.
  • Every employer and contractor should issue a pass book to the inter-state migrant workers and that should contain a pass port size photo of such worker and the card should contain other details of work like place of work, name of employer, rate of wages and other details.
  • The employer or contractor should intimate to the labour officer about the returning of inter-state migrant workers from the place of work to their actual place or vilolage.

 Wages and welfare benefits:

  • The employer should pay wages to the inter-state migrant workers in terms of money and not in kind. The wages should be deducted in accordance with payment of wages act and not for any other purpose.
  • The employer or contractor while employing them has to pay 50% of the inter-state migrant workers wages as migration allowance.
  • The employer has to pay transport allowance to the inter-state migrant workers.
  • The employer has to pay equal wages for men and women for equal work and he has to provide accommodation, medical, water, toilet facility to the inter-state migrant workers and for their family.
  • Where there are more than 100 inter-state migrant workers are working for more than 6 months in a establishment then the employer has to provide canteen facility for such workers.
  • Where there are more than 20 women inter-state migrant workers are working then the employer should provide creche facility for the children of female workers.
  • Every inter-state migrant workers should be provided with housing facility with all basic requirements.
  • The employer has to maintain muster roll and other records.

 For more information visit to

www.pblabour.gov.in/pdf/acts_rules/interstate_migrant_workmen_regulation_of_employment_and_co.pdf

 7. THE RIGHT TO INFORMATION ACT, 2005:

 Applicability: The Act is applicable in India except state of Jammu and Kashmir.

 Who can ask for information under the Act:

Subject to the provisions of this Act, all citizens shall have the right to information from the public authorities.

 Request for obtaining information:

  •  A person who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or hindi on in the official language of the area.
  • The applicant should pay Rs. 10/- as fees for obtaining information and Rs.2/- per page if the information runs into more than a page.

 Appeal:

  •  If the Public Information Officer fails to provide information to the applicant within 30 days then the applicant can file an appeal before the State/Central Information Commissioner.
  • IF the information furnished is insufficient or false then also the applicant can file appeal to the State/Central Information Commissioner.
  • Fine may be imposed on the concerned Public Information Officer for not providing information within a time or for not providing correct information.

 For more information visit to www.righttoinformation.gov.in  

 

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