Labour Law in India Quiz
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Questions and Answers

What is one of the primary objectives of labour policy in India?

  • Maximizing government profits
  • Promoting technological advancements only
  • Maintaining industrial peace (correct)
  • Reducing the number of workers employed

Which of the following initiatives aims to assist workers in the unorganized sector?

  • Increased corporate tax rates
  • Mandatory pension schemes for all employees
  • Strict immigration laws for workers
  • New Social Security schemes (correct)

What does collective labour law primarily deal with?

  • Minimum wage requirements
  • Government regulations on profits
  • Individual employee rights
  • Employee, employer, and union relationships (correct)

Which measure has been introduced to improve employment exchanges in India?

<p>Computerization and updating of database (A)</p> Signup and view all the answers

What type of industries are referred to as 'public utilities' under the labour policy?

<p>Vital industries and establishments (B)</p> Signup and view all the answers

What is an important aspect of the Industrial Disputes Act?

<p>Amendments are required to keep it current. (D)</p> Signup and view all the answers

Which aspect of labour law is focused on employees' rights through work contracts?

<p>Individual labour law (C)</p> Signup and view all the answers

What reform has been emphasized regarding labour law in India?

<p>Labour law reforms aligned with contemporary needs (C)</p> Signup and view all the answers

What is the minimum number of employees for a factory using power to fall under the relevant act?

<p>10 employees (C)</p> Signup and view all the answers

Which type of establishment does NOT fall under the definition of a 'shop' according to the Delhi Shops and Establishments Act?

<p>A factory (D)</p> Signup and view all the answers

Which of the following is included in the definition of 'commercial establishment'?

<p>A residential hotel (A)</p> Signup and view all the answers

What is the definition of 'establishment' under the Delhi Shops and Establishments Act?

<p>A place where services or goods are sold or provided (C)</p> Signup and view all the answers

According to the act, how many employees must a shop employ for it to be covered under the act?

<p>20 employees (C)</p> Signup and view all the answers

Which of the following types of institutions is exempt from the definition of a 'commercial establishment'?

<p>A factory not governed by the Mines Act (C)</p> Signup and view all the answers

Which of the following is NOT considered an establishment under the act?

<p>A factory registered under the Factories Act (D)</p> Signup and view all the answers

What kind of business activity is NOT included in the definition of a 'shop'?

<p>Manufacturing of goods (B)</p> Signup and view all the answers

What happens to the terms of apprenticeship contracts when the Central Government varies the conditions?

<p>They are deemed modified. (D)</p> Signup and view all the answers

What is required for an apprentice to change employers mid-training?

<p>Agreement among the previous employer, apprentice, and new employer. (A)</p> Signup and view all the answers

Which act specifically focuses on the welfare of workers in mines?

<p>The Iron Ore Mines Labour Welfare Fund Act, 1976 (B)</p> Signup and view all the answers

What does the statutory obligation state regarding apprentice payment?

<p>Stipends must be paid at a rate not less than the prescribed minimum. (C)</p> Signup and view all the answers

When can the apprenticeship contract be terminated?

<p>Upon failure to meet contract terms, with approval from the Apprenticeship Adviser. (C)</p> Signup and view all the answers

What is one of the primary focuses of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952?

<p>Savings and retirement benefits for employees (B)</p> Signup and view all the answers

Which of the following statements about apprenticeship payment is correct?

<p>Apprentices are prohibited from piece-work payment schemes. (A)</p> Signup and view all the answers

Which category of labour laws is enforced exclusively by the Central Government?

<p>Labour laws on occupational health and safety (D)</p> Signup and view all the answers

What must occur for the novation of an apprenticeship contract to take effect?

<p>Registration with the Apprenticeship Adviser. (B)</p> Signup and view all the answers

What does the Beedi Workers Welfare Fund Act, 1976 focus on?

<p>Welfare and support for beedi workers (A)</p> Signup and view all the answers

What is the role of the Apprenticeship Adviser when terminating the contract?

<p>To determine if the reasons for termination are valid. (A)</p> Signup and view all the answers

Which act addresses the prohibition and regulation of child labour?

<p>The Child Labour (Prohibition and Regulation) Act, 1986 (A)</p> Signup and view all the answers

How are the laws related to the welfare of dock workers categorized?

<p>Enacted by the Central Government and enforced by both levels (D)</p> Signup and view all the answers

Which of the following is not true regarding the termination of an apprenticeship contract?

<p>It can only be initiated by the apprentice. (C)</p> Signup and view all the answers

What type of law is the Mines Act, 1952 considered?

<p>Central legislation with sole enforcement by the Central Government (A)</p> Signup and view all the answers

Which provision is NOT typically included in labour laws for social security?

<p>Employment contract terms (C)</p> Signup and view all the answers

Which of the following areas is not currently implementing the ESI Scheme?

<p>Tripura (A), Nagaland (B), Sikkim (D)</p> Signup and view all the answers

What is the primary role of the Employees State Insurance Corporation?

<p>To administer the provisions of the ESI Act. (B)</p> Signup and view all the answers

What must an employer do after the ESI Act becomes applicable to their factory?

<p>Register with the ESI Corporation within 15 days. (D)</p> Signup and view all the answers

What was Samuel Gompers' primary reason for boycotting the meeting?

<p>He believed the Central Powers should admit guilt. (B)</p> Signup and view all the answers

What was Gompers' stance on the establishment of an international parliament?

<p>He opposed it, fearing it would dilute U.S. protections. (D)</p> Signup and view all the answers

What document must an employee file upon employment to show coverage under the ESI Act?

<p>Declaration form (D)</p> Signup and view all the answers

Which of the following proposals from the Americans was adopted without change?

<p>Workers should have a right to wage sufficient to live on. (B)</p> Signup and view all the answers

Who is responsible for advising the ESI Corporation on medical benefit matters?

<p>The medical benefit council (D)</p> Signup and view all the answers

What was one of the amendments made to the proposal regarding freedom of speech?

<p>Only freedom of association was included. (A)</p> Signup and view all the answers

What should be included in all documents and correspondence from registered employers?

<p>Employer's code number (B)</p> Signup and view all the answers

What is the consequence of not registering with the ESI Corporation within the specified time frame?

<p>Ineligibility for benefits (C)</p> Signup and view all the answers

What age limit was set for the ban on international shipment of goods made by children?

<p>Under the age of 14. (B)</p> Signup and view all the answers

What was included as an exception in the eight-hour workday proposal?

<p>Countries prioritizing productivity. (D)</p> Signup and view all the answers

Which of the following statements is true about overtime wages under the ESI Act?

<p>They cannot be treated as 'wages' for contribution purposes. (B)</p> Signup and view all the answers

Which proposal was rejected by the conference participants?

<p>Protection of worker’s right to strike. (C)</p> Signup and view all the answers

What did the Berne Conference demand regarding wage labor?

<p>A total abolishment of wage labor. (A)</p> Signup and view all the answers

Flashcards

What is labor law?

Labor law, also known as employment law, is a body of laws, administrative rulings, and precedents that address the legal rights and restrictions of working people and their organizations.

What are the two main categories of labor law?

Collective labor law deals with the relationship between employees, employers, and unions, while individual labor law concerns employee rights at work and contractual agreements.

What role did the labor movement play in labor law?

The labor movement played a crucial role in enacting laws protecting labor rights in the 19th and 20th centuries, significantly impacting social and economic development during the industrial revolution.

What were the main factors leading to the development of labor law?

Labor law arose from workers' demands for better conditions and the right to organize, as well as employers' desires to restrict worker power and maintain low labor costs.

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What was the ILO's role in labor law?

The International Labour Organisation (ILO) was one of the first organizations to address labor issues, established as an agency of the League of Nations after World War I.

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What were the ILO's goals after WWI?

The ILO aimed to protect labor unions and address post-war reconstruction needs, advocating for international labor rights and an end to secret diplomacy.

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What is the ILO's current role?

The ILO operates as an agency of the United Nations system, advocating for labor standards and working conditions through international conventions and recommendations.

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What are the key functions of labor legislation?

Labor legislation plays a crucial role in establishing a legal system for productive employment relationships, promoting harmonious industrial relations, and guaranteeing fundamental rights at work.

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What are the key principles for effective labor legislation?

Effective labor legislation should be responsive to the changing labor market and needs of all parties involved, making stakeholder involvement vital for its development and implementation.

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What is the historical context of labor legislation in India?

The history of labor legislation in India is intertwined with British colonialism, with early laws primarily protecting British employers' interests.

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What was the purpose of the Factories Act in India?

The Factories Act, first introduced in India in 1883, aimed to increase labor costs in India to protect British textile producers from competition.

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What was the significance of the Trade Disputes Act of 1929?

The Trade Disputes Act of 1929 was the first Indian statute regulating employer-workman relations, but it lacked machinery for addressing disputes effectively.

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What was the focus of labor legislation in post-colonial India?

Post-colonial India focused on a partnership between labor and capital, aiming for fair wages, conditions, and worker cooperation for production and productivity.

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What was the main goal of the Industrial Disputes Act of 1947?

The Industrial Disputes Act, enacted in 1947, replaced the Trade Disputes Act to provide a framework for resolving disputes between labor and capital.

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How does the Indian Constitution protect labor interests?

The Constitution of India emphasizes the dignity of human labor and the protection of labor interests by providing Fundamental Rights and Directive Principles of State Policy.

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Who has the power to enact labor laws in India?

Labor is a concurrent subject in India, meaning both the Union and state governments can enact and administer labor laws.

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How are labor laws in India categorized?

Different labor laws in India are categorized based on their enacting and enforcement authorities: Central government-only, Central and State governments, or state government-only.

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What are some key Directive Principles of State Policy related to labor?

The Constitution of India outlines Directive Principles of State Policy that aim to secure employee health, prevent child exploitation, ensure fair working conditions, and encourage worker participation in management.

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What are the main objectives of India's labor policy?

The goal of India's labor policy is to maintain industrial peace and promote the welfare of workers, addressing challenges like attracting investment, job creation, and social security for unorganized sectors.

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What are some key highlights of India's labor policy?

India's labor policy focuses on creating favorable conditions for investment, generating new jobs, extending social security schemes to informal workers, and promoting harmonious employer-employee relationships.

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What is the objective of the Apprentices Act, 1961?

The Apprentices Act, 1961 aims to provide practical training to technically qualified persons in various trades, promoting skilled manpower.

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What is the purpose of the Employees' State Insurance Act, 1948?

The Employees' State Insurance Act, 1948 (ESIC) provides benefits like sickness, maternity, and employment injury benefits to employees, aiming for social justice and fulfilling constitutional principles.

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How was the ESIC scheme implemented in India?

The ESIC scheme was initially launched at Kanpur and Delhi in 1952, and later expanded to cover more workers across India in a phased manner.

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What is the significance of ESIC Act in relation to the Factories Act?

The ESIC Act aims to achieve the goal of socio-economic justice by providing benefits like sickness, maternity, and employment injury benefits to employees, encompassing a wider spectrum than the Factories Act.

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What is the main objective of the Apprentices Act, 1961?

The main purpose of the Apprentices Act, 1961 is to train skilled workers in various trades by providing both practical and theoretical training.

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What is the core purpose of the ESIC?

The ESIC is a social welfare legislation that provides benefits to employees in case of sickness, maternity, and employment injury, fulfilling constitutional principles of social justice.

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What are the obligations of employers under the Apprentices Act?

Under the Apprentices Act, employers are obligated to provide apprentices with training, qualified instructors, facilities for testing, and a prescribed ratio of apprentices to skilled workers.

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What are the obligations of apprentices under the Apprentices Act?

Apprentices are obligated to learn their trade, attend classes regularly, carry out orders, and fulfill contractual obligations as part of their training.

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How does the Apprentices Act address reservation for Scheduled Castes and Scheduled Tribes?

The Apprentices Act mandates that a specific number of training places be reserved for Scheduled Castes and Scheduled Tribes, based on their population in the state.

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What is the societal impact of the ESIC Act?

The ESIC Act aims to provide social security benefits to employees in case of sickness, maternity, and employment injury, contributing to a wider societal well-being.

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What are some key provisions under the Apprentices Act?

The Apprentices Act provides for the registration of apprenticeship contracts, termination provisions, stipends, proficiency testing, and dispute resolution mechanisms.

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What benefits are provided by the ESIC Act to employees?

The ESIC Act aims to ensure employees have access to medical care, financial support, and other benefits during periods of illness, maternity, or injury.

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What is the main goal of India's labor policy?

The primary objective of India's labor policy is to maintain a peaceful industrial environment and ensure the well-being of workers.

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What are some key initiatives of India's labor policy?

India's labor policy prioritizes initiatives aimed at attracting investment, generating employment opportunities, and expanding social security to those in the informal sector.

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What does 'labor' mean?

The term 'labor' encompasses the productive work done, particularly physical work performed in exchange for wages.

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What is the umbrella term used for labor and employment law in India?

The primary legislation concerning labor and employment in India falls under 'Industrial Law'.

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What is the primary focus of labor law in India?

India's labor law is primarily known as 'Industrial Law' and encompasses a wide range of regulations addressing worker rights and employer responsibilities.

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What is the purpose of the Apprentices Act, 1961?

The Apprentices Act, 1961, aims to provide practical training to technically qualified individuals in various trades, promoting skilled manpower.

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Labor Laws Enacted by Central Government & Enforced by Central and State Governments

These laws are made by the Central Government and enforced by both Central and State Governments. These laws apply across India.

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What are some examples of labor laws enacted by the Central Government and enforced by both Central and State Governments?

These laws cover a range of topics including child labor, building and construction workers, and others.

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Labor Laws Enacted by Central Government & Enforced by State Governments

These laws are created by the Central Government but are enforced solely by the State Governments.

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Labor Laws Enacted and Enforced by the Central Government

These laws are made by the Central Government and are enforced only by the Central Government. These laws apply across India.

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Labor Laws Enacted and Enforced by State Governments

These laws are made by the State Governments and are enforced only by the State Governments. These laws apply only to the respective State.

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American Boycott of the Berne Conference

Samuel Gompers, president of the AFL, boycotted the Berne Conference, advocating for a meeting only focused on Woodrow Wilson's Fourteen Points, emphasizing American labor's interest in national autonomy and rejecting international labor standards.

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Berne Conference Goals

The Berne Conference, despite American opposition, proposed ending wage labor and establishing socialism, suggesting a radical shift in the global socioeconomic system.

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British Proposal: International Parliament

The British proposed an international parliament to enact labor laws for all nations, arguing for a global system of legally enforceable standards.

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Gompers' Counter-Proposal

Gompers counter-proposed a less forceful international labor body, focusing on recommendations, not enforcing laws, to protect the US's hard-earned labor standards.

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Adopted American Proposals

Three American proposals were adopted without changes: banning labor as a commodity, establishing a living wage, and equal pay for equal work, reflecting core labor rights principles.

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Freedom of Association: The Adopted Amendment

The proposal advocating freedom of speech, press, assembly, and association was amended to include only freedom of association, illustrating a cautious approach to broader civil liberties.

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Child Labor: The Compromise

The proposal to ban international shipment of goods made by children under 16 was amended to ban goods made by children under 14, reflecting a compromise on the age limit.

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Work Hours: The Flexible Compromise

The proposal requiring an eight-hour workday was amended to allow for either the eight-hour workday or the 40-hour workweek, reflecting flexibility for different nations' productivity levels.

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What is Novation of Contract in apprenticeship?

When a new employer takes charge of training an apprentice due to the existing employer's inability to fulfill their obligations, this transfer process is known as Novation of Contract.

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How can the government modify apprenticeship contracts?

The government's right to modify existing apprenticeship contracts. This allows for adjustments based on new regulations or changes in training practices.

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What is the stipend for apprentices?

The minimum amount of money an employer must pay an apprentice during their training period. This is a legal requirement.

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How are apprentices paid?

Apprentices are not paid based on how much they produce (piece-work) and should not be part of any bonus or incentive scheme.

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How does an apprenticeship contract end?

The agreement between an apprentice and employer ends when the training period is complete. Either party can request termination if the terms are not fulfilled.

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Who is the Apprenticeship Adviser?

An organization that plays a crucial role in managing apprenticeship programs. They handle registration, contract termination, and ensuring compliance.

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How does the Apprentices Act address reservation for certain groups?

The Apprentices Act ensures that a certain percentage of apprenticeship spots are reserved for students from Scheduled Castes and Scheduled Tribes.

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What are the obligations of employers towards apprentices?

The law requires employers to follow certain obligations when hiring apprentices, which includes providing proper training, ensuring a skilled workforce, and offering a safe learning environment.

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What is a 'Shop' under the Delhi Shops and Establishment Act, 1954?

Any premises where goods are sold, either retail or wholesale, or services are rendered to customers. It includes offices, store-rooms, godowns, warehouses, and workplaces, whether in the same premises or otherwise.

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What constitutes an 'Establishment' under the Delhi Shops and Establishment Act?

A shop, a commercial establishment, residential hotel, restaurant, eating-house, theatre, or other places of public amusement or entertainment to which the Delhi Shops and Establishment Act applies. It also includes other establishments that the Government may declare for this purpose.

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Define 'Commercial Establishment' in the context of the Delhi Shops and Establishment Act.

Any premises wherein any trade, business, or profession is carried on, including societies, trusts, journalistic and printing establishments, contractors, auditors, quarries, mines, educational institutions, and premises for banking, insurance, stocks and shares, brokerage or produce exchange. It does not include a shop, a factory, theatres, cinemas, restaurants, eating-houses, residential hotels, clubs, or other places of public amusement or entertainment.

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What are the worker limits for the applicability of the Act?

The Act covers factories employing 10 or more workers and using power, or 20 or more workers without power. It also applies to shops and establishments employing more than 20 workers.

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Which specific factories are covered by the Act?

The Factories Act, 1948, applies to all factories (except seasonal factories) employing 10 or more workers and using power, or 20 or more workers without power.

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Which other establishments are covered under the Act?

It applies to all Government factories, excluding seasonal factories. Also, it applies to shops and establishments employing more than 20 workers.

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What is the primary purpose of the Delhi Shops and Establishment Act, 1954?

The law aims to regulate working conditions, ensure employee welfare, and establish a framework for employer-employee relations in various establishments, including factories, shops, and commercial establishments.

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What is the significance of the Delhi Shops and Establishment Act, 1954, in the context of labor law?

The Act aims to protect workers' rights and provide a framework for resolving disputes between employers and employees.

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Overtime Wages and ESI

The employer is responsible for paying overtime wages to employees, and these wages cannot be considered as "normal wages" for the purpose of calculating ESI contributions.

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ESI Corporation's Power

The ESI Corporation has the power to collect unpaid contributions from employers, including penalties and interest.

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ESI Delayed Benefits

If the ESI Corporation is late in paying benefits to employees, they must pay interest on the delayed payments.

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ESI and Other Laws

The ESI Act does not prevent employees from seeking compensation or damages in other legal cases.

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ESI Scheme Coverage

The Employees' State Insurance (ESI) Scheme is implemented in most areas of India, but it excludes some states in the northeast.

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ESIC Administration

The Employees' State Insurance Corporation (ESIC) is responsible for managing the ESI Scheme, including its membership and administration.

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ESI Registration

Employers must register their factories or businesses with the ESIC within 15 days of the ESI Act becoming applicable to them, and they must obtain an employer code number.

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Employee Declaration

Employees must declare their employment and confirm they are covered by the ESI Act when they start a new job.

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