C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang)
C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang) C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang)
c>c) Otel:4 D>O T=- a o) .: SALIENT' FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORI( a) Workrnen Crrrnfiansafinn Act f923: The Act provides for compensetion ix case of inju.y by accident arising out of and during the course of employment. b) Payment of Gratuity Act L972: Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if an employee has completed 5 years service or more on death, the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees. c) Employees P.F. and Mlscellaneous Provislon Act 1952: The Act Provides for monthly contributions by the employer plus workers @1O% or 8.33%. The benefits payable under the Act are: (i) (ii) Pension or family pension on retirement or death, as the case may be. Deposit linked insurance on the death in harness of the worker. (iii) Payment of P.F. accumulation on retirement/death etc. d' H;,119ffi*!-?' 3ther e) Contract Labour (Regulation & Abolitionf Act l97O: The Act provides for certain welfare measures to be provided bv the Contractor to contract labour and in case the Contractor t"it" to prouid., the same are required to be provided, by the Principal Employer by Law. The Principal Employer is required to take Certificate of Registration and the Contractor is required to take licence from t]re designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer, if they employ 20 or more contract labour. 0 Minimun Wages Act 1948: The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act, if the employment is a scheduled employment. Construction of Buildings, Roads and Runways are scheduled employments. g) Pa5zment of Wages Act 1936: It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be made from the wages of the workers. h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to Male and Female workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc.
66 i) k) r) m) n) Payment of Bonus Act 1965: The Act is applicable to all . establishments employing 20 or more employees. The Act provides for payments of annual bonus subject 1.o a rrrirrirmrm of 8.33% of wages and maximum of 2ooh of wages to employees drawing Rs.35OO/- per month or less. The bonus to be paid to employees getting Rs.2SOO/- per month or above upto Rs.350O/- per month shall be worked out by taking wages as Rs.ZSOO/- per month only. The Act does not apply to certain establishments. The newly set up establishments are exempted for five years in certain circumstances. Some of the State Governments have reduced the employment size from 2o to 10 for the purpose of applicability of this Act. Industrial Disputes Act L947: The Act lays down the machinery and procedure for resolution of Industrial disputes, in what situations a strike or lock-out becomes illegal and what are the requirements for laying off or retrenching the employees oI closing down the establishment. Industrial Employment (Stanrling Orrders) Act L946: It is applicable to afl establishments empl.ay-1ng liQQ or4qre qqlElgg!- (gqpl-oymgnt size reduced by some of the State and Central Government to 5O)' The Act provides for laying down rules governing the conditions of employment -ty tfr" Employer on matters provided in the Act and get the same certified by the designated Authority. Trade Union Act L926: The Act iays down the procedure for registracon of trade unions of workmen and emPloyers. The Trade Unions registered under the Act have been given certain immunities from civil and criminal liabilities. Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of children below 14 years of age in certain occupations pio".sses and provides for regulation of employment of chiidren in "nd all oiher occupations and processes. Employment of Child Labour is prohibited in Building and Construction Industry' Inter-state Migrant workmen's {Regulation of Employment & Conditions of Senrice) Act 1979: The Act is applicable to an establishment which employs 5 or more inter-state migrant workmen through an intermediary (who has recruited workmen in one state for employment in the establishment situated in another state). The Interstate migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as hbusing, medical aid, travelling expenses from home upto the establishment and back, etc. I I O F=-O f> 0
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66<br />
i)<br />
k)<br />
r)<br />
m)<br />
n)<br />
Payment of Bonus Act 1965: The Act is applicable to all .<br />
establishments employing 20 or more employees. The Act provides for<br />
payments of annual bonus subject 1.o a rrrirrirmrm of 8.33% of wages<br />
and maximum of 2ooh of wages to employees drawing Rs.35OO/- per<br />
month or less. The bonus to be paid to employees getting Rs.2SOO/- per<br />
month or above upto Rs.350O/- per month shall be worked out by<br />
taking wages as Rs.ZSOO/- per month only. The Act does not apply to<br />
certain establishments. The newly set up establishments are exempted<br />
for five years in certain circumstances. Some of the St<strong>at</strong>e G<strong>over</strong>nments<br />
have reduced the employment size from 2o to 10 for the purpose of<br />
applicability of this Act.<br />
Industrial Disputes Act L947: The Act lays down the machinery and<br />
procedure for resolution of Industrial disputes, in wh<strong>at</strong> situ<strong>at</strong>ions a<br />
strike or lock-out becomes illegal and wh<strong>at</strong> are the requirements for<br />
laying off or retrenching the employees oI closing down the<br />
establishment.<br />
Industrial Employment (Stanrling Orrders) Act L946: It is applicable<br />
to afl establishments empl.ay-1ng liQQ or4qre qqlElgg!- (gqpl-oymgnt size<br />
reduced by some of the St<strong>at</strong>e and Central G<strong>over</strong>nment to 5O)' The Act<br />
provides for laying down rules g<strong>over</strong>ning the conditions of employment<br />
-ty<br />
tfr" Employer on m<strong>at</strong>ters provided in the Act and get the same<br />
certified by the design<strong>at</strong>ed Authority.<br />
Trade Union Act L926: The Act iays down the procedure for<br />
registracon of trade unions of workmen and emPloyers. The Trade<br />
Unions registered under the Act have been given certain immunities<br />
from civil and criminal liabilities.<br />
Child Labour (Prohibition & Regul<strong>at</strong>ion) Act 1986: The Act prohibits<br />
employment of children below 14 years of age in certain occup<strong>at</strong>ions<br />
pio".sses and provides for regul<strong>at</strong>ion of employment of chiidren in<br />
"nd<br />
all oiher occup<strong>at</strong>ions and processes. Employment of Child Labour is<br />
prohibited in Building and Construction Industry'<br />
Inter-st<strong>at</strong>e Migrant workmen's {Regul<strong>at</strong>ion of Employment &<br />
Conditions of Senrice) Act 1979: The Act is applicable to an<br />
establishment which employs 5 or more inter-st<strong>at</strong>e migrant workmen<br />
through an intermediary (who has recruited workmen in one st<strong>at</strong>e for<br />
employment in the establishment situ<strong>at</strong>ed in another st<strong>at</strong>e). The Interst<strong>at</strong>e<br />
migrant workmen, in an establishment to which this Act becomes<br />
applicable, are required to be provided certain facilities such as<br />
hbusing, medical aid, travelling expenses from home upto the<br />
establishment and back, etc.<br />
I<br />
I<br />
O F=-O f> 0