Hi every one ... i am forwarding a jist of laws see if this informations are useful to you all Regards Divya
From India, Bangalore
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13From India, Bangalore
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I was looking out for this information and actually was planning to make one on my own. This has really saved my time. Very useful information posted. Thanks a lot. Regards, Kuldeep Singh Soun
From India, Vijayawada
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From India, Vijayawada
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Hi friends,
Very good comprehensive documentation. I have a doubt while going through the checklist. I think the Workmen's Compensation Act is applicable in cases where there is no applicability of ESI. Please clarify.
Mangai
From India, Chennai
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Very good comprehensive documentation. I have a doubt while going through the checklist. I think the Workmen's Compensation Act is applicable in cases where there is no applicability of ESI. Please clarify.
Mangai
From India, Chennai
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hi! Grt stuff with lots of legal information, which gives a clear snap shoot view. keep posting... regards, Adv. Sudien M Pote
From India, Mumbai
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From India, Mumbai
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hi Mangli, yes when ESI is not applicable,there workmen compensation acts apply.. :) Divya
From India, Bangalore
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From India, Bangalore
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Thanks for sending exhausted and informative details. if you have any other details related to laws please send it to me. Please let me know where are you working currently. Kunal Shah
From India, Vadodara
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From India, Vadodara
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Divya,
I think you are working in the legal department. Please send me the details related to PF, ESI, or Insurance (WC, GPA) etc. I have downloaded a checklist of Labour laws which is very exhaustive and informative.
Thanks,
Kunal Shah
From India, Vadodara
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I think you are working in the legal department. Please send me the details related to PF, ESI, or Insurance (WC, GPA) etc. I have downloaded a checklist of Labour laws which is very exhaustive and informative.
Thanks,
Kunal Shah
From India, Vadodara
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Hello Divya,
Great work, friend. Probably the best concise information kit I have ever come across on the internet. I also appreciate this forum through which I have gained this information.
Thanks and regards,
JPN
From India, Delhi
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Great work, friend. Probably the best concise information kit I have ever come across on the internet. I also appreciate this forum through which I have gained this information.
Thanks and regards,
JPN
From India, Delhi
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Hi Divya,
You recently forwarded a labor laws checklist in the past few days. Unfortunately, this file cannot be downloaded due to some default. Could you please resend this file? I would be very thankful to you.
With regards,
Kavitha
kavithas@spinc.org
From India, Maisuru
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You recently forwarded a labor laws checklist in the past few days. Unfortunately, this file cannot be downloaded due to some default. Could you please resend this file? I would be very thankful to you.
With regards,
Kavitha
kavithas@spinc.org
From India, Maisuru
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Hi Divya!
I am a student of Management. I am going to specialize in Human Resources, and hence, Labor Law is one of the most important elements of it. It's a great document you have compiled. I request you to keep up the good work.
Cheers, Rohan
From India, Bangalore
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I am a student of Management. I am going to specialize in Human Resources, and hence, Labor Law is one of the most important elements of it. It's a great document you have compiled. I request you to keep up the good work.
Cheers, Rohan
From India, Bangalore
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Dear Hr Professional, Can u forard the attch copy of labour laws on my E-mail id because its not open at citehr.com. Looking for your co-operation Raj HR.Manager
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Hi,
It's really excellent work. Thanks for the information. It would be helpful if you could provide us with information regarding labor laws applicable to the IT industry concerning apprenticeship and contract labor.
Thanks,
Kavitha
From India, Maisuru
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It's really excellent work. Thanks for the information. It would be helpful if you could provide us with information regarding labor laws applicable to the IT industry concerning apprenticeship and contract labor.
Thanks,
Kavitha
From India, Maisuru
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Dear all,
Can you please tell me if I have to renew or set a new organizational culture in a new unit which my company is setting up? What laws should I have to apply, and how do I have to apply them? Please guide me on the following issues.
Thanks,
Kind Regards,
Ankit
From India, Mumbai
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Can you please tell me if I have to renew or set a new organizational culture in a new unit which my company is setting up? What laws should I have to apply, and how do I have to apply them? Please guide me on the following issues.
Thanks,
Kind Regards,
Ankit
From India, Mumbai
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Hi Divya,
Thank you for forwarding me some relevant data. Could you please provide me with information on how to prepare training materials for operators?
Thanking you.
Kind regards,
Ankit.
From India, Mumbai
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Thank you for forwarding me some relevant data. Could you please provide me with information on how to prepare training materials for operators?
Thanking you.
Kind regards,
Ankit.
From India, Mumbai
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MONTHLY CHECKLIST FOR SUBMISSION OF VARIOUS RETURNS (MUMBAI)
Month & Last Date NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO
JAN 15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
15 The Mumbai Labour Welfare Fund Act, 1953 A-1 Statement of Contribution of Dec. along with cheque Welfare Commissioner, Elphinstone Road, Mumbai - 13
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Contract Labour (R&A) Act, 1970 XXIV Half-Yearly Return - by Contractor Asst. Labour Commissioner
31 The Factories Act, 1948 27 Annual Return Directorate of Industrial Safety & Health, Tardeo
31 The Maternity Benefit Act, 1961 II Annual Return Directorate of Industrial Safety & Health, Tardeo
31 The (National & Festival Holidays) Act, 1963 V Annual Return Labour Office, Tardeo
FEB 1 The Minimum Wages Act, 1948 III Annual Return Labour Inspector, Tardeo
15 The Contract Labour (R&A) Act, 1970 XXI Annual Return - by Employer Asst. Labour Commissioner, Tardeo
15 The Payment of Wages Act, 1936 V Annual Return Directorate of Industrial Safety & Health/Labour Officer, Tardeo
28 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
MAR 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
APR 15 The Apprenticeship Act, 1961 APP-2 Half-Yearly Return March Ending Dy. Apprenticeship Advisor, Sion
15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Employees Provident Fund Act, 1952 3A & 6A Annual Individual Returns & Returns of Contributions Regional Provident Fund Commissioner
MAY 12 The Employees State Insurance Act, 1948 6 Summary of Contribution in Quadruplicate with Challans Local Office
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
JUNE 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
JULY 15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
15 The Factories Act, 1948 28 Half-Yearly Return Directorate of Industrial Safety & Health, Tardeo
15 The Mumbai Labour Welfare Fund Act, 1953 A-1 Statement of Contribution of June Welfare Commissioner, Elphinstone Road
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Contract Labour (R&A) Act, 1970 XXIV Half-Yearly Return - by Contractor Asst. Labour Commissioner, Tardeo
AUG 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
SEPT 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
OCT 15 The Apprenticeship Act, 1961 APP-2 Half-Yearly Return Sept ending Dy. Apprenticeship Advisor, Sion
15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Factories Act, 1948 3 Application for Renewal of License Directorate of Industrial Safety & Health, Tardeo
31 The Contract Labour (R&A) Act, 1970 VII Application for Renewal of License Commissioner of Labour
NOV 12 The Employees State Insurance Act, 1948 6 Summary of Contribution in Quadruplicate with Challans Local Office at Colaba/Vashi
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The (National & Festival Holidays) Act, 1963 I & IV Application for approval of holidays with list Labour Office, Tardeo
DEC 15 The Bombay Shops & Establishment Act, 1948 B Renewal of Registration Certificate Respective Municipal Ward Office
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Payment of Bonus Act, 1965 D Annual Return Asst. Labour Commissioner, Tardeo
TIME LIMIT FOR SUBMISSION OF RETURNS / COMPLIANCE
TIME LIMIT NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO
Every Month 15th The Employees Provident Fund Act, 1952 Challans Remittance of Contributions State Bank of India, Konkan Bhavan, Belapur Branch
Every Month 21st The Employees State Insurance Act, 1948 Challans Remittance of Contributions State Bank of India, Vashi-Turbhe Branch
Every Month 25th The Employees Provident Fund Act, 1952 Form 5, 10 & 12 A Regional Provident Fund Office, Area-wise The Regional Provident Fund Commissioner, 341, Bhavishya Nidhi Bhavan, Bandra (East), Mumbai - 400 051
Every Month 30th The Profession Tax Act, 1975 5 Monthly Return Asst. Professional Tax, Mazgaon
Intimate fatal/death & within 48 Hrs. in case of Minor The Employees State Insurance Act, 1948 16 Accident Report
Every Month The Apprenticeship Act, 1948 Printed Format Bill for Reimbursement Dy. Apprenticeship Advisor
4 Hrs of occurrence The Factories Act, 1948 24 Notice of Accident / Dangerous Occurrence Directorate of Industrial Safety & Health
12 Hrs of occurrence The Factories Act, 1948 24 Report of Accident Directorate of Industrial Safety & Health
7 days of incident The Workmen's Compensation Act, 1923 EE Report of Serious bodily injuries/fatal accidents Commissioner of Workmen's Compensation, Labour Office
Bi-Annual The Employment Exchange ERII Bi-Annual Return Asst. Employment Officer
CHECKLIST FOR STATUTORY COMPLIANCES
Sr. Brief of Requirements Section No. Last date for Submitting Statement, Returns, Renewal of Licence etc. To Whom it should be submitted Compliance Status Remarks
1 Approval of plan 6(1) In prescribed Form No. 1 before starting the manufacturing process in any new building, or extended part of the building Jt. Director Industrial Safety & Health Plans for HSM, SIP & IMIL got approved. Subsequent changes, additional plans are being submitted for approval from time to time.
2 Factory Licence 6 (d) Factory Licence to be obtained before starting the plant, and it should be renewed before October every year do Complied & renewed up to 31st December 2002 for IIL & IMIL.
3 Notice for change of Occupier/Manager 7 Within 7 days from the date the person takes over the charge do Complied.
4 Statutory Health Check-up of Employees Rule 73 - V Medical examination of every employee shall be conducted once in 6 months Health register in Form 7 to be maintained Being complied.
5 Occupational Health center Rule 73 - W - - Being maintained for IIL. Not complied for IMIL.
6 Register of Adult workers (Attendance Register) Sec. 62 Register to be maintained in Form No. 17 - Being maintained online.
7 Leave with wages register & Leave book Rule 105 Register to be maintained in Form No. 20 - Being maintained online.
8 Report of Accident and Dangerous occurrences Rule - 115 Intimation within 4 hours in case of a fatal accident. The report should be given in Form No. 24 & 24A within 12 hours / 24 hours in case of fatal / non-fatal, as the case may be. Jt. Director Industrial Safety & Health Being complied.
9 Accident Register Rule - 123 Register to be maintained in Form No. 30 - Being complied.
10 Annual Return Rule - 119 (1) On or before 1st February of each year in Form No. 27 Jt. Director Industrial Safety & Health Being complied.
11 Holiday List Rule - 119 (3) Before 31st December each year Jt. Director Industrial Safety & Health Being complied.
12 Inspection Book Rule - 124 Inspection book in Form No. 31 to be maintained - Being maintained.
1 Registration Sec - 7 Registration certificate to be obtained once, and it should be amended when there is any change in the particulars specified in the Certificate within 15 days from the date of change takes place. Asst. Commissioner of Labour Being complied.
2 Annual Return Rule 62(2) Before 31st January each year in Form No. 21 Asst. Commissioner of Labour Being complied.
3 Register of Contractors Rule 55 Register to be maintained in Form No. VIII Asst. Commissioner of Labour Being maintained online.
4 Payment to Contract Labours Rule 46 & 54(2) Before the 10th of every month. To be made before the Company's Representative Asst. Commissioner of Labour Not being complied.
1 Notification of Vacancies 5 To notify all vacancies at least 15 days before the appointment in the prescribed form. Local Employment Exchange Not being complied.
2 Quarterly Return 6 Return should be sent in the prescribed form by 30th of every quarter-end. - do - do- Return
3 Bi-annual Return 6 Return should be sent once in two years in the prescribed form. - do - do- Return
From India, Mumbai
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Month & Last Date NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO
JAN 15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
15 The Mumbai Labour Welfare Fund Act, 1953 A-1 Statement of Contribution of Dec. along with cheque Welfare Commissioner, Elphinstone Road, Mumbai - 13
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Contract Labour (R&A) Act, 1970 XXIV Half-Yearly Return - by Contractor Asst. Labour Commissioner
31 The Factories Act, 1948 27 Annual Return Directorate of Industrial Safety & Health, Tardeo
31 The Maternity Benefit Act, 1961 II Annual Return Directorate of Industrial Safety & Health, Tardeo
31 The (National & Festival Holidays) Act, 1963 V Annual Return Labour Office, Tardeo
FEB 1 The Minimum Wages Act, 1948 III Annual Return Labour Inspector, Tardeo
15 The Contract Labour (R&A) Act, 1970 XXI Annual Return - by Employer Asst. Labour Commissioner, Tardeo
15 The Payment of Wages Act, 1936 V Annual Return Directorate of Industrial Safety & Health/Labour Officer, Tardeo
28 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
MAR 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
APR 15 The Apprenticeship Act, 1961 APP-2 Half-Yearly Return March Ending Dy. Apprenticeship Advisor, Sion
15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Employees Provident Fund Act, 1952 3A & 6A Annual Individual Returns & Returns of Contributions Regional Provident Fund Commissioner
MAY 12 The Employees State Insurance Act, 1948 6 Summary of Contribution in Quadruplicate with Challans Local Office
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
JUNE 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
JULY 15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
15 The Factories Act, 1948 28 Half-Yearly Return Directorate of Industrial Safety & Health, Tardeo
15 The Mumbai Labour Welfare Fund Act, 1953 A-1 Statement of Contribution of June Welfare Commissioner, Elphinstone Road
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Contract Labour (R&A) Act, 1970 XXIV Half-Yearly Return - by Contractor Asst. Labour Commissioner, Tardeo
AUG 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
SEPT 30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
OCT 15 The Apprenticeship Act, 1961 APP-2 Half-Yearly Return Sept ending Dy. Apprenticeship Advisor, Sion
15 The Employment Exchange (CNV) Act, 1959 ER-1 Quarterly Return Asst. Employment Officer, Churchgate
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Factories Act, 1948 3 Application for Renewal of License Directorate of Industrial Safety & Health, Tardeo
31 The Contract Labour (R&A) Act, 1970 VII Application for Renewal of License Commissioner of Labour
NOV 12 The Employees State Insurance Act, 1948 6 Summary of Contribution in Quadruplicate with Challans Local Office at Colaba/Vashi
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The (National & Festival Holidays) Act, 1963 I & IV Application for approval of holidays with list Labour Office, Tardeo
DEC 15 The Bombay Shops & Establishment Act, 1948 B Renewal of Registration Certificate Respective Municipal Ward Office
30 The Profession Tax Act, 1975 Form III Monthly Return with cheque Any Scheduled Bank
30 The Payment of Bonus Act, 1965 D Annual Return Asst. Labour Commissioner, Tardeo
TIME LIMIT FOR SUBMISSION OF RETURNS / COMPLIANCE
TIME LIMIT NAME OF THE STATUTE FORM NAME OF RETURN / COMPLIANCE TO BE SENT TO
Every Month 15th The Employees Provident Fund Act, 1952 Challans Remittance of Contributions State Bank of India, Konkan Bhavan, Belapur Branch
Every Month 21st The Employees State Insurance Act, 1948 Challans Remittance of Contributions State Bank of India, Vashi-Turbhe Branch
Every Month 25th The Employees Provident Fund Act, 1952 Form 5, 10 & 12 A Regional Provident Fund Office, Area-wise The Regional Provident Fund Commissioner, 341, Bhavishya Nidhi Bhavan, Bandra (East), Mumbai - 400 051
Every Month 30th The Profession Tax Act, 1975 5 Monthly Return Asst. Professional Tax, Mazgaon
Intimate fatal/death & within 48 Hrs. in case of Minor The Employees State Insurance Act, 1948 16 Accident Report
Every Month The Apprenticeship Act, 1948 Printed Format Bill for Reimbursement Dy. Apprenticeship Advisor
4 Hrs of occurrence The Factories Act, 1948 24 Notice of Accident / Dangerous Occurrence Directorate of Industrial Safety & Health
12 Hrs of occurrence The Factories Act, 1948 24 Report of Accident Directorate of Industrial Safety & Health
7 days of incident The Workmen's Compensation Act, 1923 EE Report of Serious bodily injuries/fatal accidents Commissioner of Workmen's Compensation, Labour Office
Bi-Annual The Employment Exchange ERII Bi-Annual Return Asst. Employment Officer
CHECKLIST FOR STATUTORY COMPLIANCES
Sr. Brief of Requirements Section No. Last date for Submitting Statement, Returns, Renewal of Licence etc. To Whom it should be submitted Compliance Status Remarks
1 Approval of plan 6(1) In prescribed Form No. 1 before starting the manufacturing process in any new building, or extended part of the building Jt. Director Industrial Safety & Health Plans for HSM, SIP & IMIL got approved. Subsequent changes, additional plans are being submitted for approval from time to time.
2 Factory Licence 6 (d) Factory Licence to be obtained before starting the plant, and it should be renewed before October every year do Complied & renewed up to 31st December 2002 for IIL & IMIL.
3 Notice for change of Occupier/Manager 7 Within 7 days from the date the person takes over the charge do Complied.
4 Statutory Health Check-up of Employees Rule 73 - V Medical examination of every employee shall be conducted once in 6 months Health register in Form 7 to be maintained Being complied.
5 Occupational Health center Rule 73 - W - - Being maintained for IIL. Not complied for IMIL.
6 Register of Adult workers (Attendance Register) Sec. 62 Register to be maintained in Form No. 17 - Being maintained online.
7 Leave with wages register & Leave book Rule 105 Register to be maintained in Form No. 20 - Being maintained online.
8 Report of Accident and Dangerous occurrences Rule - 115 Intimation within 4 hours in case of a fatal accident. The report should be given in Form No. 24 & 24A within 12 hours / 24 hours in case of fatal / non-fatal, as the case may be. Jt. Director Industrial Safety & Health Being complied.
9 Accident Register Rule - 123 Register to be maintained in Form No. 30 - Being complied.
10 Annual Return Rule - 119 (1) On or before 1st February of each year in Form No. 27 Jt. Director Industrial Safety & Health Being complied.
11 Holiday List Rule - 119 (3) Before 31st December each year Jt. Director Industrial Safety & Health Being complied.
12 Inspection Book Rule - 124 Inspection book in Form No. 31 to be maintained - Being maintained.
1 Registration Sec - 7 Registration certificate to be obtained once, and it should be amended when there is any change in the particulars specified in the Certificate within 15 days from the date of change takes place. Asst. Commissioner of Labour Being complied.
2 Annual Return Rule 62(2) Before 31st January each year in Form No. 21 Asst. Commissioner of Labour Being complied.
3 Register of Contractors Rule 55 Register to be maintained in Form No. VIII Asst. Commissioner of Labour Being maintained online.
4 Payment to Contract Labours Rule 46 & 54(2) Before the 10th of every month. To be made before the Company's Representative Asst. Commissioner of Labour Not being complied.
1 Notification of Vacancies 5 To notify all vacancies at least 15 days before the appointment in the prescribed form. Local Employment Exchange Not being complied.
2 Quarterly Return 6 Return should be sent in the prescribed form by 30th of every quarter-end. - do - do- Return
3 Bi-annual Return 6 Return should be sent once in two years in the prescribed form. - do - do- Return
From India, Mumbai
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Hai...sir Your checklist is simply great as my exams are approaching your checklist helped me to go through different laws easily. Thank you very much... With regards Madhu.m.s
From India, Bangalore
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From India, Bangalore
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Can anybody send me the updated minimum wages of all the states as on 01st April 2008 Thnx Ravi Gupta
From India, New Delhi
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From India, New Delhi
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Dear Divya ji, Still my article posting is running in LEGAL site. in this citehr. Friends go through. Regards, PBS KUMAR 9848499629
From India, Kakinada
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From India, Kakinada
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Hi Divya madam, thank you. I am Gowri Parameswara Rao Y., pursuing Master of Human Resource Management 2nd year. These case laws are mostly useful for my interview purpose. Every HR student must know the labor laws. Thanks.
From India, Visakhapatnam
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From India, Visakhapatnam
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Hi Divya.... Good one.... Gr8 wrk... Like the way it has been documented. Very professional. Regards, Muthu
From India, Bangalore
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From India, Bangalore
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Wow its really superb to get the gist on various laws crisply. Any one can be educated with this. I really appreciate your work.
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Dear Divvya, Many of the things has got revised and updated ,which is not covered in your attachment.Pl update it. Regards, AS
From India, Rohtak
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From India, Rohtak
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Hi Divya,
Great way to present the info for a quick review. Very handy. Thanks for sharing your efforts. India is a land full of numerous laws. Can you help me out by listing the specific laws applicable to an HR company involved in staffing and recruitment services? One can never be sure that they are complying with all the laws. I am into internal audit and need to help my organization by pointing out any deficiencies.
Thanks once again for the gist uploaded.
Regards,
Hitesh
From India, Mumbai
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Great way to present the info for a quick review. Very handy. Thanks for sharing your efforts. India is a land full of numerous laws. Can you help me out by listing the specific laws applicable to an HR company involved in staffing and recruitment services? One can never be sure that they are complying with all the laws. I am into internal audit and need to help my organization by pointing out any deficiencies.
Thanks once again for the gist uploaded.
Regards,
Hitesh
From India, Mumbai
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Hi every one ... i am forwarding a jist of laws see if this informations are useful to you all:) Regards Divya hi divya, i have seen ur information. Tha
From India, Visakhapatnam
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From India, Visakhapatnam
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Divya, can you help me out regarding labor laws? I want a list of the main and simple laws that are mostly required for all kinds of companies, and which I can easily keep in mind. The earlier list was difficult for me to store in my brain. Please.
From India, Mumbai
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From India, Mumbai
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Divya,
At the outset, I express my sincere gratitude. You have made an excellent compilation and a ready reckoner for anyone. This shows your willingness to share and benefit everyone who views the details, demonstrating your command of the subject. Hats off to you; keep posting.
I am MJF Lion M Sanjay Kumar, Director of Head Hunters Biz. We are one of the reputed companies with a team of professionals from Chennai. Our clients frequently require accounting professionals at all levels. Interested candidates may please contact at cell: 9962126661. Assuring you of our best services at all times. Good luck from Head Hunters Biz, Director, MJF Lion M Sanjay Kumar, Chennai.
From India, Madras
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At the outset, I express my sincere gratitude. You have made an excellent compilation and a ready reckoner for anyone. This shows your willingness to share and benefit everyone who views the details, demonstrating your command of the subject. Hats off to you; keep posting.
I am MJF Lion M Sanjay Kumar, Director of Head Hunters Biz. We are one of the reputed companies with a team of professionals from Chennai. Our clients frequently require accounting professionals at all levels. Interested candidates may please contact at cell: 9962126661. Assuring you of our best services at all times. Good luck from Head Hunters Biz, Director, MJF Lion M Sanjay Kumar, Chennai.
From India, Madras
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It's nice. Can you help me out with the registers that need to be maintained as per the Contract Labour Act (Central), Building and Construction Workers Act, Minimum Wages Act, Gratuity Act, etc.?
Check if you can help me out with this. Thank you in advance.
I am forwarding a gist of laws. See if this information is useful to you all.
Regards,
Divya
From India, Faridabad
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Check if you can help me out with this. Thank you in advance.
I am forwarding a gist of laws. See if this information is useful to you all.
Regards,
Divya
From India, Faridabad
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Dear all,
While appreciating the sharing by Divya, care should be taken in interpretation as the compilation by Mr. PBS Kumar has to be updated with amendments. For example, Payment of Gratuity Act, ESI Act, etc.
Thanks,
HC. Subbaramu
HR & Labour Law Consultant
Bangalore
From India, Kochi
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While appreciating the sharing by Divya, care should be taken in interpretation as the compilation by Mr. PBS Kumar has to be updated with amendments. For example, Payment of Gratuity Act, ESI Act, etc.
Thanks,
HC. Subbaramu
HR & Labour Law Consultant
Bangalore
From India, Kochi
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Dear all, As i recently joined an organisation as a Executive HR. Kindly Suggest me from where i can get all Uttarakhand Acts (i.e. Factory Act, Laboue,PF,ESI,etc)
From India, Bharat
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From India, Bharat
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Human Resource & Labour Laws
Introduction:
The term `labour legislation’ is used to cover all the laws which have been enacted to deal with “employment and non-employment” wages, working conditions, industrial relations, social security and welfare of persons employed in industries.
Need for labour legislation in India:
1. Organized industry in a planned economy calls for the spirit of co-operation and mutual dependence for attaining the common purpose of greater, better and cheaper production.
2. Since this has not been happening voluntarily, the need for State intervention.
3. In India, labour legislation is treated as an arm of the State for the regulation of working and living conditions of workers.
The need for labour legislation may be summarized as under:
1. Necessary for the health, safety, and welfare of workers;
2. Necessary to protect workers against oppressive terms as individual worker is economically weak and has little bargaining power;
3. To encourage and facilitate the workers in the organization;
4. To deal with industrial disputes;
5. To enforce social insurance and labour welfare schemes.
Objectives:
The objectives of labour legislations are two-fold:
1. Preservation of the health, safety and welfare of workers; and
2. Maintenance of good relations between employers and employees.
Principles of labour legislation:
Social Justice:
1. The essence of democracy is ensuring social justice to all sections of the community.
2. This demands the protection of those who cannot protect themselves.
3. In modern industrial set-up, workers, left to themselves, are unable to protect their interest.
4. Therefore, the State has to intervene to help them by granting them freedom of association, the power of collective bargaining and by providing for mediation or arbitration in the case of industrial conflict.
Social Equity:
1. Legislation based on this principle provides for achievement of definite standards. Standards in terms of living, position in society etc. of the working population. These standards for the working class can be achieved by bringing about changes in the Law of our land.
2. Power to change the Law is exercised by the government. Existing laws may be amended to meet the changed standards.
National Economy:
1. Measures have to be provided through legislation to:
2. Ensure normal growth of industry for the benefit of the nation as a whole;
3. Satisfy the physical and intellectual needs of the citizens;
4. Ensure the growth of industrial efficiency such as to adjust the wage system with a view to increase the productivity and prosperity of the workers.
International Uniformity:
1. Since its inception, securing minimum standards (for the working population – worldwide) on a uniform basis in respect of all labour matters has been the main objective of ILO.
2. To this end, conventions are passed at the conferences of ILO.
3. As a member of the ILO, adopting these conventions would require appropriate legislation to be brought about.
4. The influence of international labour conventions has been significant in shaping the course of labour legislation in India.
Labour Legislation in India:
In India, we have many labour laws that affect the labour conditions. The main laws are:
1. The Factories Act, 1948.
2. The Trade Union Act, 1926.
3. The Industrial Disputes Act, 1947.
4. The Payment of Wages Act, 1936.
5. The Minimum Wages Act, 1948.
6. The Equal Remuneration Act, 1976.
Laws related to Industrial Relations:-
1 The Trade Unions Act, 1926
The Trade Unions (Amendments) Act, 2001
2 The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
3 The Industrial Disputes Act, 1947
Laws related to Wages
1 The Payment of Wages Act, 1936
The Payment of Wages Rules, 1937
The Payment of Wages (AMENDMENT) Act, 2005
2 The Minimum Wages Act, 1948
The Minimum Wages (Central) Rules, 1950
3 The Working Journalist (Fixation of Rates of Wages) Act, 1958
Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
4 The Payment of Bonus Act, 1965
The Payment of Bonus Rules, 1975
Laws related to Working Hours, Conditions of Services and Employment
1 The Factories Act, 1948
2 The Dock Workers (Regulation of Employment) Act, 1948
3 The Plantation Labour Act, 1951
4 The Mines Act, 1952
5 The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955
The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Rules, 1957
6 The Merchant Shipping Act, 1958
7 The Motor Transport Workers Act, 1961
8 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9 The Contract Labour (Regulation & Abolition) Act, 1970
The Contract Labour Regulation Rules
10 The Sales Promotion Employees (Conditions of Service) Act, 1976
The Sales Promotion Employees (Conditions of Service) Rules, 1976
11 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
12 The Shops and Establishments Act
13 The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
The Cine Workers’ Welfare Fund Act, 1981.
14 The Dock Workers (Safety, Health & Welfare) Act, 1986
15 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
16 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997
Laws related to Equality and Empowerment of Women
1 The Maternity Benefit Act, 1961
2 The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
1 The Bonded Labour System (Abolition) Act, 1976
2 The Child Labour (Prohibition & Regulation) Act, 1986
3 The Children (Pledging of Labour) Act, 1933
Laws related to Social Security
1 The Workmen’s Compensation Act, 1923
The Workmen's Compensation (Amendments) Act, 2000
2 The Employees’ State Insurance Act, 1948
3 The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Employees’ Provident Fund & Miscellaneous Provisions (Amendment) Act, 1996
4 The Payment of Gratuity Act, 1972
The Payment of Gratuity Rules
5 The Unorganised Woekers' Social Security Act 2008
The Unorganised Workers' Social Security Rules 2008
Laws related to Labour Welfare
1 The Mica Mines Labour Welfare Fund Act, 1946
2 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
3 The Beedi Workers Welfare Fund Act, 1976
4 The Beedi Workers Welfare Cess Act, 1976
The Beedi Worker's Welfare Cess Act Rules, 1977
5 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
6 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976
7 The Cine Workers Welfare Fund Act, 1981
8 The Cine Workers Welfare Cess Act, 1981
9 The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993
Laws related to Employment & Training
1 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
2 The Apprentices Act, 1961
Others
1 The Fatal Accidents Act, 1855
2 The War Injuries Ordinance Act, 1943
3 The Weekly Holiday Act, 1942
4 The National and Festival Holidays Act
5 The War Injuries (Compensation Insurance) Act, 1943
6 The Personal Injuries (Emergency) Provisions Act, 1962
7 The Personal Injuries (Compensation Insurance) Act, 1963
8 The Coal Mines (Conservation and Development) Act, 1974
10 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988
From India, New Delhi
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Introduction:
The term `labour legislation’ is used to cover all the laws which have been enacted to deal with “employment and non-employment” wages, working conditions, industrial relations, social security and welfare of persons employed in industries.
Need for labour legislation in India:
1. Organized industry in a planned economy calls for the spirit of co-operation and mutual dependence for attaining the common purpose of greater, better and cheaper production.
2. Since this has not been happening voluntarily, the need for State intervention.
3. In India, labour legislation is treated as an arm of the State for the regulation of working and living conditions of workers.
The need for labour legislation may be summarized as under:
1. Necessary for the health, safety, and welfare of workers;
2. Necessary to protect workers against oppressive terms as individual worker is economically weak and has little bargaining power;
3. To encourage and facilitate the workers in the organization;
4. To deal with industrial disputes;
5. To enforce social insurance and labour welfare schemes.
Objectives:
The objectives of labour legislations are two-fold:
1. Preservation of the health, safety and welfare of workers; and
2. Maintenance of good relations between employers and employees.
Principles of labour legislation:
Social Justice:
1. The essence of democracy is ensuring social justice to all sections of the community.
2. This demands the protection of those who cannot protect themselves.
3. In modern industrial set-up, workers, left to themselves, are unable to protect their interest.
4. Therefore, the State has to intervene to help them by granting them freedom of association, the power of collective bargaining and by providing for mediation or arbitration in the case of industrial conflict.
Social Equity:
1. Legislation based on this principle provides for achievement of definite standards. Standards in terms of living, position in society etc. of the working population. These standards for the working class can be achieved by bringing about changes in the Law of our land.
2. Power to change the Law is exercised by the government. Existing laws may be amended to meet the changed standards.
National Economy:
1. Measures have to be provided through legislation to:
2. Ensure normal growth of industry for the benefit of the nation as a whole;
3. Satisfy the physical and intellectual needs of the citizens;
4. Ensure the growth of industrial efficiency such as to adjust the wage system with a view to increase the productivity and prosperity of the workers.
International Uniformity:
1. Since its inception, securing minimum standards (for the working population – worldwide) on a uniform basis in respect of all labour matters has been the main objective of ILO.
2. To this end, conventions are passed at the conferences of ILO.
3. As a member of the ILO, adopting these conventions would require appropriate legislation to be brought about.
4. The influence of international labour conventions has been significant in shaping the course of labour legislation in India.
Labour Legislation in India:
In India, we have many labour laws that affect the labour conditions. The main laws are:
1. The Factories Act, 1948.
2. The Trade Union Act, 1926.
3. The Industrial Disputes Act, 1947.
4. The Payment of Wages Act, 1936.
5. The Minimum Wages Act, 1948.
6. The Equal Remuneration Act, 1976.
Laws related to Industrial Relations:-
1 The Trade Unions Act, 1926
The Trade Unions (Amendments) Act, 2001
2 The Industrial Employment (Standing Orders) Act, 1946
The Industrial Employment (Standing Orders) Rules, 1946
3 The Industrial Disputes Act, 1947
Laws related to Wages
1 The Payment of Wages Act, 1936
The Payment of Wages Rules, 1937
The Payment of Wages (AMENDMENT) Act, 2005
2 The Minimum Wages Act, 1948
The Minimum Wages (Central) Rules, 1950
3 The Working Journalist (Fixation of Rates of Wages) Act, 1958
Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957
4 The Payment of Bonus Act, 1965
The Payment of Bonus Rules, 1975
Laws related to Working Hours, Conditions of Services and Employment
1 The Factories Act, 1948
2 The Dock Workers (Regulation of Employment) Act, 1948
3 The Plantation Labour Act, 1951
4 The Mines Act, 1952
5 The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955
The Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Rules, 1957
6 The Merchant Shipping Act, 1958
7 The Motor Transport Workers Act, 1961
8 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
9 The Contract Labour (Regulation & Abolition) Act, 1970
The Contract Labour Regulation Rules
10 The Sales Promotion Employees (Conditions of Service) Act, 1976
The Sales Promotion Employees (Conditions of Service) Rules, 1976
11 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
12 The Shops and Establishments Act
13 The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984
The Cine Workers’ Welfare Fund Act, 1981.
14 The Dock Workers (Safety, Health & Welfare) Act, 1986
15 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
16 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997
Laws related to Equality and Empowerment of Women
1 The Maternity Benefit Act, 1961
2 The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
1 The Bonded Labour System (Abolition) Act, 1976
2 The Child Labour (Prohibition & Regulation) Act, 1986
3 The Children (Pledging of Labour) Act, 1933
Laws related to Social Security
1 The Workmen’s Compensation Act, 1923
The Workmen's Compensation (Amendments) Act, 2000
2 The Employees’ State Insurance Act, 1948
3 The Employees’ Provident Fund & Miscellaneous Provisions Act, 1952
The Employees’ Provident Fund & Miscellaneous Provisions (Amendment) Act, 1996
4 The Payment of Gratuity Act, 1972
The Payment of Gratuity Rules
5 The Unorganised Woekers' Social Security Act 2008
The Unorganised Workers' Social Security Rules 2008
Laws related to Labour Welfare
1 The Mica Mines Labour Welfare Fund Act, 1946
2 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
3 The Beedi Workers Welfare Fund Act, 1976
4 The Beedi Workers Welfare Cess Act, 1976
The Beedi Worker's Welfare Cess Act Rules, 1977
5 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
6 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976
7 The Cine Workers Welfare Fund Act, 1981
8 The Cine Workers Welfare Cess Act, 1981
9 The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993
Laws related to Employment & Training
1 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959
2 The Apprentices Act, 1961
Others
1 The Fatal Accidents Act, 1855
2 The War Injuries Ordinance Act, 1943
3 The Weekly Holiday Act, 1942
4 The National and Festival Holidays Act
5 The War Injuries (Compensation Insurance) Act, 1943
6 The Personal Injuries (Emergency) Provisions Act, 1962
7 The Personal Injuries (Compensation Insurance) Act, 1963
8 The Coal Mines (Conservation and Development) Act, 1974
10 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988
From India, New Delhi
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the above is very useful for HR professional. Regards, Supremo Vinod Shah .. http: // vinodshah.web.officelive.com
From India, New Delhi
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From India, New Delhi
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Hi, Labour Law checklist is very useful in indusrial sector. Tanxs&Regards, Sandip Patare. 9604301842.
From India, Pune
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From India, Pune
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Hi Divya 1.Is it applicable to only who working under central/state Govt . 2.The above law is also applicable to Pvt Ltd Industries ????
From India, Visakhapatnam
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From India, Visakhapatnam
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Thanks for this.
I am working in an IT company at Bangalore. In our CTC they have shown yearly bonus as Retention Bonus and Variable Bonus.
Could some one please explain, if a company has mentioned Retention bonus and Performance bonus as below but is not paying it since last 3 years to any employees and they doesn't respond to any employee query related to bonus, then what can be done for that.
Period of Payment:
When an employee completes his one year service with the company from his date of joining he is eligible for bonuses as per his salary annexure. The payout thereafter will be made on quarterly basis and the date of joining of an employee is taken into account. For all purpose the employee’s performance criteria is taken into account.
Retention bonus:
It is paid based on employees who have not been rated 'Needs Improvement' are eligible to receive 100% of the Retention Bonus amount mentioned in their salary annexure.
Variable bonus:
It is paid based on the performance rating of the employee. An employee is eligible for 100% of the amount mentioned in his/her salary annexure if his appraisal rating is Excellent, 75% if the rating is Very good, 50% if the rating is Good and 25% if the rating is
Average.
Employees with needs improvement are not eligible for both retention and variable bonus. All payouts will be made only through the payroll.
Approval Process
All bonuses amount and the period of payout will be approved by the Managing Director only.
Disqualification:
An employee shall be disqualified from receiving bonus, if he/she has resigned or dismissed from service for fraud, insubordination, disloyalty, misconduct, non performance or terminations. At the time of disbursement of the bonuses an employee
From India, Bangalore
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I am working in an IT company at Bangalore. In our CTC they have shown yearly bonus as Retention Bonus and Variable Bonus.
Could some one please explain, if a company has mentioned Retention bonus and Performance bonus as below but is not paying it since last 3 years to any employees and they doesn't respond to any employee query related to bonus, then what can be done for that.
Period of Payment:
When an employee completes his one year service with the company from his date of joining he is eligible for bonuses as per his salary annexure. The payout thereafter will be made on quarterly basis and the date of joining of an employee is taken into account. For all purpose the employee’s performance criteria is taken into account.
Retention bonus:
It is paid based on employees who have not been rated 'Needs Improvement' are eligible to receive 100% of the Retention Bonus amount mentioned in their salary annexure.
Variable bonus:
It is paid based on the performance rating of the employee. An employee is eligible for 100% of the amount mentioned in his/her salary annexure if his appraisal rating is Excellent, 75% if the rating is Very good, 50% if the rating is Good and 25% if the rating is
Average.
Employees with needs improvement are not eligible for both retention and variable bonus. All payouts will be made only through the payroll.
Approval Process
All bonuses amount and the period of payout will be approved by the Managing Director only.
Disqualification:
An employee shall be disqualified from receiving bonus, if he/she has resigned or dismissed from service for fraud, insubordination, disloyalty, misconduct, non performance or terminations. At the time of disbursement of the bonuses an employee
From India, Bangalore
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