Labour Law Acts
Factories Act 1948
Employees’s Provident Fund &
Misc. Provisions Act, 1952
Misc. Provisions Act, 1952
Employee’s State Insurance Act, 1948
Minimum Wages Act, 1948
Contract Labour (Reg. & Abo.) Act, 1970
Employee’s Compensation Act, 1923
Payment of Wages Act, 1936
Payment of Bonus Act, 1965
Payment of Gratuity Act, 1972
Gujarat Labour Welfare Funds Act, 1953
Employment Exchange (CNV), 1959
Child Labour (Prohibition and Regulation) Act, 1986
Equal Remuneration Act, 1976
Apprenticeship Act, 1961
Factories Act 1948
Factories Act 1948
- Preparing and approving the factory building and layout plan
- Submitting Building stability certificate for 05 years validation
- Depositing license fees and application of factory licence on IFP portal
- Maintaining registers, filing returns under the rules
- Displaying notice and abstract under the rules
- Attending periodical Inspections
- Negotiations with trade unions
Employees’s Provident Fund &
Misc. Provisions Act, 1952
Misc. Provisions Act, 1952
Employees’s Provident Fund & Misc. Provisions Act, 1952
- Online registration of establishment
- Advising and preparing the salary structure to balance the employer’s liability
- Digital Signature Activation and Registration/Renewal
- Submission of form-9, specimen signature card and form 5A
- Registration of employees and preparation of nomination Form -2
- Uploading of ECR on EPF website for generation of e-challans and Returns
- UAN Generation and Activation, submission of KYC details
- Processing of claims for withdrawal and transfer, pension claims for Member/widow/family/child, claims for EDLI and Superannuation.
- Attending periodical inspections of government officials
- Correspondence with the PF department including show cause notices
- Attending 7A/7Q/14B inquiries before the APFC / RC
- Challenging 7A/7Q/14B orders before the High court / Tribunal
- Arranging presentation/awareness programs on PF/PENSION/EDLI Schemes for the benefits of the Employees &/or HR Dept.
- Timely updating on amendments
Employee’s State Insurance Act, 1948
Employee’s State Insurance Act, 1948
- Online registration of the establishment
- Advising and preparing the salary structure to balance the employer’s liability
- Obtaining Sub-code numbers for branch offices
- Checking the balance sheet before finalization of accounts for pre-determining the employer’ liability towards ESIC on wage of casual /trainee/part time/contractor and the same to be reduced.
- Registration of the Employees under the Regulations and generation of Insurance Numbers from the ESIC Website
- Issuing employee’s Bio-metric cards
- Generating e-challans and statutory returns
- Attending periodical inspections of government officials
- Digital signature activation and registration
- Arranging presentation/awareness programs on ESIC scheme for the benefits of the Employees &/or HR Dept.
- Handling correspondence with the AD / DD/ Regional Director (ESIC)
- Challenging 45-A/45-AA orders before the El Court / High Court
Minimum Wages Act, 1948
Minimum Wages Act, 1948
- Updating on minimum rate of wages and DA timely
- Maintaining Registers, filing returns under the rules AAAA
- Attending periodical inspections of government officials
- Negotiations with trade unions
- Displaying notice and abstract under the rules
Contract Labour (Reg. & Abo.) Act, 1970
Contract Labour (Reg. & Abo.) Act, 1970
- Registration of Contract Labour registration for establishment
- License of contract labour act for contractors
- Providing guidance regarding documents to be maintained pertaining to Contractor
- Maintenance of records to be maintained pertaining to contractor
- Quarterly vendor audit to ensure compliance by the Contractor
- Attending departmental inspection
Employee’s Compensation Act, 1923
Employee’s Compensation Act, 1923
- Employer includes any person whether incorporated or not and any agent of employer and when services are temporarily lent or let on hire to another person, then means such other person.
- Any workman who is injured by accident arising out of and in the course of his employment in specified list of employment contracts any disease specified therein as an occupational disease peculiar to that occupation
Benefits: Amount of compensation shall be payable by the employer:
- Where death results from injury. 50% of monthly wages x relevant factor or * 1, 20,000 whichever is more.
- Where permanent total disablement results from the injury, 60% of monthly wages x relevant factor or 1, 40,000 whichever is more (relevant factor depends upon the age of a workman) iii. Where permanent, partial disablement or temporary disablement results from injury as per prescribed schedule.
- The Central Government has specified 8,000/ to be monthly wages on which compensation is payable
- Deposit of compensation within one Month with the compensation commissioner
- As soon as practicable (Sec. 10B). Report of fatal accident and serious injury: within 7 days to the Commissioner. Not applicable when ESI act applies (Sec. 10B)
- Any contract by a worker waiving his right to be compensated under this Act is null and void. Compensation should be paid early-delay beyond 1 month attract interest @ 12% pa. and penalty of up to 50% of the compensation. Certain other offences attract fine up to 5,000/-
Payment of Wages Act, 1936
Payment of Wages Act, 193
Applicability of the Act
- Factory
- Industrial Establishment
- Tramway service or motor transport service engaged in carrying passengers or goods or both by road for hire or reward.
- Air transport service.
- Dock, Wharf or Jetty.
- Inland vessel, mechanically propelled
- Mine, quarry or oil-field
- Plantation
- Workshop or other establishment etc.
Coverage of Employees
- Drawing average wage upto Rs 24000 per
month.
Fines as prescribed by
- Not to be imposed unless the employer is given an opportunity to show cause
- To record in the register
Time of payment of wages
- The wages of every person employed be paid
- When less than 1000 persons are employed, shall be paid before the expiry of the 71tl day of the following month.
- When more than 1000 workers, before the expiry of the 10th day of the following month.
Sec.5
Deduction for services rendered |
Object of the Act |
|---|---|
| When accommodation amenity or service has been accepted by the employer | To regulate the payment of wages of certain classes of employed persons. |
Deduction for services rendered |
Object of the Act |
|---|---|
| Deductions such as, fine, deduction for amenities and services supplied by the employer, advances paid, over payment of wages, loan, granted for house-building or other purposes, income tax payable, in pursuance of the order of the Court, PF contributions, cooperative societies, premium for Life Insurance, contribution to any fund constituted by employer or a trade union, recovery of fosses, ESI contributions etc. Deduction for damages or loss.Sec.7 |
For default or negligence of an employee resulting into loss. Show cause notice has to be given to the employee. Sec. 10 |
Wages to be paid in current coins or currency notes |
|---|
| All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employees. Provided that the appropriate Government may, by notification in the official Gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his Bank account. |
Deduction for absence from duties for unauthorized absence |
|---|
| Absence for whole or any part of the day- • If ten or more persons absent without reasonable cause, deduction of wages upto 8 days Sec.9 |
| On contravention of S. 5 (except sub-sec.4), S 7, S.8 (except sub-sec.8), S.9, S. 10 (except sub-sec. 2) and Sees. 11 to 13 | Fine not less than Rs. 1000 which may extend to Rs.5000. On subsequent conviction fine not less than Rs.5000, may extend to Rs. 10,000, On contravention of S.4, S 5(4), S,6, S.8(8), S.10(2) or S.25 fine not less than Rs.1000- may extend to Rs.5000. On subsequent conviction fine not less than Rs.5000-may extend to Rs. 10,000. |
| For failing to maintain registers or records; or Wilfully refusing or without lawful excuse neglecting to furnish information or return; orWilfully furnishing or causing to be furnished any information or return which he knows to be false; orRefusing to answer or wilfully giving a false answer to any question necessary for obtaining any information required to be furnished under this Act. |
Fine which shall not be less than Rs. 1000 but may extend to Rs.5000 – On record conviction fine not less than Rs.5000. may extend to Rs. 10,000or second or subsequent conviction, fine not less than Rs.5000 but may extend to Rs. 10,000. Fine not less than Rs.1000 extendable upto Rs.5000- On subsequent conviction fine not less than Rs 5000 – may extend to Rs.10,000 |
| Wilfully obstructing an Inspector in the discharge of his duties under this Act, or
Wilfully furnishing or causing to be furnished any information or return which he knows to be false; or Refusing to answer or wilfully giving a false answer to any question necessary for obtaining any information required to be furnished under this Act. |
Fine not less than Rs.1000 extendable upto Rs.5000- On subsequent conviction fine not less than Rs 5000 – may extend to Rs.10,000 |
| On conviction for any offence and again guilty of contravention of same provision
Failing or neglecting to pay wages to any employee. |
Imprisonment not less than one month extendable upto six months and fine not less than Rs.2000 extendable upto Rs. 15000.
Additional fine upto Rs. 100 for each day. |
Payment of Bonus Act, 1965
Payment of Bonus Act, 1965
- Providing guidance in maintaining the bonus register (Register C)
- Filing bonus return in form A, B, and D
- Attending periodical inspections
Payment of Gratuity Act, 1972
Payment of Gratuity Act, 1972
- Providing guidance regarding calculation of Gratuity
- Providing guidance in maintaining the specific forms
- Attend government officials and solve the queries
- Displaying notice and abstract under the rules
Gujarat Labour Welfare Funds Act, 1953
Gujarat Labour Welfare Funds Act, 1953
- Registration of the establishment under the Act
- Prepare Half yearly challans and returns in form A-1
- Collection & Deposition of GLWF Dues
Employment Exchange (CNV), 1959
Employment Exchange (CNV), 1959
Object of the Act |
Applicability of the Act |
|---|---|
| To provide for the compulsory of vacancies to employment exchanges. | By notification in the Official Gazette, appoint In this behalf for such State and different dates may be appointed for different Slates or for different areas of a State |
When Act is not applicable
- Any employment in agriculture, horticulture etc.
- Any employment in domestic service.
- Any employment, the total duration of which is less than three months
- Any employment lo do unskilled office work.
- Any employment connected with the staff of Parliament.
When Act is not applicable
- Before filling up any vacancy as prescribed.
- Employer not obliged to recruit the person through employment exchange.
- To notify the vacancies to such employment exchanges as may be prescribed.
Furnishing Information and returns |
Time limit for notification of vacancies and selection |
|---|---|
| The employer in every establishment in public sector in that State or area shall furnish such information or return as may be prescribed in relation or vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed. | At least 15 days before the applicants will be Interviewed or tested.
Employer to furnish the |
Submission of returns
- Quarterly in Form ER-I
- Biennial Return in Form ER-II
- Within 30 days by 30th June, 31st March, 30th September &31st December
Penalties
- An employer contravening the provisions of Sec. 4(1) or (2).
- Fine upto Rs. 500 for first offence and for every subsequent offence fine Rs. 1000.
- If any person – impedes the right of access to relevant records or documents or the right of entry conferred by section 6; he shall be punishable for the first offence with fine upto Rs.250 and for every subsequent offence with fine upto Rs.500
- required to furnish any information or return –
- refuses or neglects to furnish such information or return.or • furnishes or causes to be fumished any information or return which he knows to be false, or
- refuses to answer, or gives a false answer to any question necessary for obtaining any urnished under section 5; or
- impedes the right of access to relevant records or documents or the right of entry conferred by section 6; he shall be punishable for the first offence with fine upto Rs.250 and for every subsequent offence with fine upto Rs.500
Child Labour (Prohibition and Regulation) Act, 1986
Child Labour (Prohibition and Regulation) Act, 1986
- Prohibition: Children under 14 years old are prohibited from working in hazardous occupations.
- Regulation: Conditions of work for children in non-hazardous occupations are regulated to ensure their health and safety.
- Penalties: Employers violating the Act face penalties, including fines and imprisonment.
- Inspectorate System: Inspectors are appointed to enforce the Act’s provisions and ensure compliance.
- Advisory Boards: Central and state-level boards provide guidance on matters related to child labour.
- Rehabilitation: Special schools are established for children withdrawn from employment, providing education and vocational training.
Equal Remuneration Act, 1976
Equal Remuneration Act, 1976
- We make sure that no employer shall make any discrimination against women
while making recruitment for the same work or work of a similar nature.
Apprenticeship Act, 1961
Apprenticeship Act, 1961
Object of the Act |
Payment To Apprentices |
|---|---|
| Promotion of new manpower at skills
Improvement/refinement of old skills through theoretical and practical training in number of trades and occupation |
The employer to pay such stipend at a rate of not less than the prescribed minimum rate as may be specified. |
Appiicability |
Number Of Apprentices In
|
|---|---|
| Areas and industries as notified by the Central Government. [Sec.1] | To be determined by The Central Government after consulting the Central Apprenticeship Council. [8] |