Following is the Summary of Labour Laws (Gujarat Amendment) Bill 2015 passed on 25th February 2015 (Awaiting only publication of State Govt. Gazette Notification; as per TOI yesterday news it is expected within next 7-10 days till first week of Oct-2015 ):
1. Minimum Wages Act, 1948: Shops or Establishments or Factories employing 20 or more manpower, it shall make the payment of minimum wages through Bank account. As per new definition of Employer ‘Out Sources Agencies’ will also be included as Employer’s; means Contractors of Service Agencies employing 20 or more labour (unskilled or skilled) will also pay wages through bank accounts only.
2. Employee’s Compensation Act, 1923: Where employee or his dependents fails to apply applications within 90 days; government will nominate the government officer will apply on his behalf and will provide him (Employee or his dependents) remedies.
3. Building & Other Workers (Regulations of Employment & Conditions of Services) Act, 1996: Employees working a supervisor also whose salary is less the three times of minimum wages will also be eligible to benefits of the act, previously Supervisors was excluded for taking benefits.
4. Labour Laws (Consolidated furnishing of Returns): Employer’s will submit the ONLINE consolidated returns under the self-certification scheme for the following acts:
a. Factories Act, 1948
b. Minimum Wages Act, 1948
c. Gratuity Act, 1972
d. Payment of Bonus Act, 1965
e. Contract Labour (R&A) Act 1970
The above details mentioned in ONLINE consolidate returns will be available for all stake holders or workers etc. Also will exempt the industries from inspections, which are enrolled. However, for check and balance, it is proposed to have regular Audit of such industries. The industries, which comply with the Labour Standards, will be exempted from inspections. It is also proposed to Award such industries with appreciation Certificates. (The same proposal has also been explore by Haryana Labour Department in 2005, but no notification issued)
5. Amendment under various Labour Laws for compounding the offences, in lieu of the provisions of the Punishment.
At present, there is no such provision in Labour Laws. The following Labour Laws are covered under the Bill for compounding the offences.
1. The Industrial Disputes Act, 1947
2. The Minimum Wages Act, 1948
3. The Payment of Bonus Act, 1965
4. The Contract Labour (Regulation and Abolition) Act, 1970
5. The Payment of Gratuity Act, 1972
6. The Motor Transport Worker’s Act, 1961
7. The Beedi Cigar Worker’s (Condition of Services) Act, 1966
8. The Equal Remuneration Act, 1976
At present, the criminal cases are filed for the violation of Labour Laws in the Court of Judicial Magistrate First Class. It takes several years for disposal of such cases. The amount of fine is also meager. Further, the fine imposed is deposited in the treasury of the Government.
It is therefore, proposed to enhance the amount of fine up to Rs.21000/- under various Labour Laws. The compounding of the offences can be done only after the settlement of the dispute / grievances of the worker. Different amount have been suggested for the compounding of different offences, under various Labour Laws.
It is proposed to disburse 75 % to 100 % of the compounded amount to the affected workers. In the cases, where workers are not indefinable, the compounded amount will be deposited in the Gujarat State Social Security Board.
6. Amendment under the Industrial Disputes Act, 1947
-It is proposed to amend the provision of declaring any activity as Public Utility Service from six months to initially one Year and subsequently for two years. The said amendment will help increase of industrial productivity and public at large will be benefited for continuous services of various emergencies. However, workers / industries can agitate their issues by way of strike / lock-out, as the case may be, after giving notice of 14 days.
-The complaints of reinstatement can be filed by the workers within one year (previously three years) from the date of retrenchment.
-The Chapter V-D of the Industrial Disputes Act, 1947 is applicable to the Special Economic Zone (SEZ), where, the retrenchment of workers is kept out of the definition of Industrial Dispute, under the Industrial Disputes Act, 1947.
-To strike a balance, the retrenchment compensation is enhanced from 15 days to 45 days in Special Economic Zone (SEZ).
The present Bill proposes, to expand the ambit of Chapter V-D of the Industrial Disputes Act, 1947 to Special Investment Regions (SIR), 100 % Export Oriented Units and National Investment and Manufacturing Zone (NIMZ). The bill also proposes to enhance the retrenchment compensation to 60 days.
-It is proposed to amend the provision for Notice of Change in Schedule IV of the Industrial Disputes Act, 1947, so as to exempt the industries from giving the notice of change in cases of change in labour management due to modernization and innovations.
Thanks
From India, New Delhi
301. Minimum Wages Act, 1948: Shops or Establishments or Factories employing 20 or more manpower, it shall make the payment of minimum wages through Bank account. As per new definition of Employer ‘Out Sources Agencies’ will also be included as Employer’s; means Contractors of Service Agencies employing 20 or more labour (unskilled or skilled) will also pay wages through bank accounts only.
2. Employee’s Compensation Act, 1923: Where employee or his dependents fails to apply applications within 90 days; government will nominate the government officer will apply on his behalf and will provide him (Employee or his dependents) remedies.
3. Building & Other Workers (Regulations of Employment & Conditions of Services) Act, 1996: Employees working a supervisor also whose salary is less the three times of minimum wages will also be eligible to benefits of the act, previously Supervisors was excluded for taking benefits.
4. Labour Laws (Consolidated furnishing of Returns): Employer’s will submit the ONLINE consolidated returns under the self-certification scheme for the following acts:
a. Factories Act, 1948
b. Minimum Wages Act, 1948
c. Gratuity Act, 1972
d. Payment of Bonus Act, 1965
e. Contract Labour (R&A) Act 1970
The above details mentioned in ONLINE consolidate returns will be available for all stake holders or workers etc. Also will exempt the industries from inspections, which are enrolled. However, for check and balance, it is proposed to have regular Audit of such industries. The industries, which comply with the Labour Standards, will be exempted from inspections. It is also proposed to Award such industries with appreciation Certificates. (The same proposal has also been explore by Haryana Labour Department in 2005, but no notification issued)
5. Amendment under various Labour Laws for compounding the offences, in lieu of the provisions of the Punishment.
At present, there is no such provision in Labour Laws. The following Labour Laws are covered under the Bill for compounding the offences.
1. The Industrial Disputes Act, 1947
2. The Minimum Wages Act, 1948
3. The Payment of Bonus Act, 1965
4. The Contract Labour (Regulation and Abolition) Act, 1970
5. The Payment of Gratuity Act, 1972
6. The Motor Transport Worker’s Act, 1961
7. The Beedi Cigar Worker’s (Condition of Services) Act, 1966
8. The Equal Remuneration Act, 1976
At present, the criminal cases are filed for the violation of Labour Laws in the Court of Judicial Magistrate First Class. It takes several years for disposal of such cases. The amount of fine is also meager. Further, the fine imposed is deposited in the treasury of the Government.
It is therefore, proposed to enhance the amount of fine up to Rs.21000/- under various Labour Laws. The compounding of the offences can be done only after the settlement of the dispute / grievances of the worker. Different amount have been suggested for the compounding of different offences, under various Labour Laws.
It is proposed to disburse 75 % to 100 % of the compounded amount to the affected workers. In the cases, where workers are not indefinable, the compounded amount will be deposited in the Gujarat State Social Security Board.
6. Amendment under the Industrial Disputes Act, 1947
-It is proposed to amend the provision of declaring any activity as Public Utility Service from six months to initially one Year and subsequently for two years. The said amendment will help increase of industrial productivity and public at large will be benefited for continuous services of various emergencies. However, workers / industries can agitate their issues by way of strike / lock-out, as the case may be, after giving notice of 14 days.
-The complaints of reinstatement can be filed by the workers within one year (previously three years) from the date of retrenchment.
-The Chapter V-D of the Industrial Disputes Act, 1947 is applicable to the Special Economic Zone (SEZ), where, the retrenchment of workers is kept out of the definition of Industrial Dispute, under the Industrial Disputes Act, 1947.
-To strike a balance, the retrenchment compensation is enhanced from 15 days to 45 days in Special Economic Zone (SEZ).
The present Bill proposes, to expand the ambit of Chapter V-D of the Industrial Disputes Act, 1947 to Special Investment Regions (SIR), 100 % Export Oriented Units and National Investment and Manufacturing Zone (NIMZ). The bill also proposes to enhance the retrenchment compensation to 60 days.
-It is proposed to amend the provision for Notice of Change in Schedule IV of the Industrial Disputes Act, 1947, so as to exempt the industries from giving the notice of change in cases of change in labour management due to modernization and innovations.
Thanks
From India, New Delhi
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