Indian Labour Laws PDF

LABOUR LAWS IN INDIA Index Particulars Page No. 1. Introduction a) History of Labour law 3 b)...

LABOUR LAWS IN INDIA Index Particulars Page No. 1. Introduction a) History of Labour law 3 b) Evolution of Labour law in India 5 c) Purpose of Labour Legislations 6 d) Constitutional provisions with regard to labour laws 6 e) Labour Policy of India 8 2. List of Labour laws in India 9 3. Classification of labour laws in India 27 4. Overview of important labour laws in India a) Apprentices Act, 1961 29 b) Employees State Insurance Act, 1948 36 c) Employees Provident Fund And Misc. Provisions Act, 1952 51 d) The Employment Exchanges (Compulsory Notification of 55 Vacancies) Act, 1959 e) Factories Act, 1948 58 f) Industrial Disputes Act, 1947 74 g) Labour Laws (Exemption From Furnishing Returns & Maintaining 80 Registers By Certain Establishments) Act, 1988 h) Payment of Bonus Act, 1965 83 i) Payment of Gratuity Act, 1972 87 j) Workmen’s Compensation Act, 1923 91 1  k) The Trade Unions Act, 1926 97 l) Shops and Establishment Act, 1954 101 m) Laws related to wages 104 n) Laws related to child labour 118 o) Law related to contract labour 129 p) Maternity Benefit Act, 1961 132 5. Checklist of labour law compliance 135 6. Unfair labour practice 144 7. Labour laws in the unorganized sector 147 8. Women labour and the Law 151 9. Industrial relations 157 10. Special points to be noted while drafting Employment Agreement 172 11. Important case laws under various labour legislations 177 12. Important organizations 179 13. Authorities under the labour law in India 180 14. Labour legislations across the world 186 15. Bibliography 190 16. Annexure a) Agreements between employee and employer 192 b) Agreement for reference of disputes to arbitration 196 2  1. INTRODUCTION Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In other words, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally, labour law covers:  Industrial relations – certification of unions, labour-management relations, collective bargaining and unfair labour practices;  Workplace health and safety;  Employment standards, including general holidays, annual leave, working hours, unfair dismissals, minimum wage, layoff procedures and severance pay. There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution. 1.1. History of Labour laws Labour law arose due to the demands of workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers in many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some employers may oppose. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society. International Labour Organisation (ILO) was one of the first organisations to deal with labour issues. The ILO was established as an agency of the League of Nations following the Treaty of Versailles, which ended World War I. Post-war reconstruction and the protection of labour unions occupied the attention of many nations during and immediately after World War I. In Great Britain, the Whitley 3 Commission, a subcommittee of the Reconstruction Commission, recommended in its July 1918 Final Report that "industrial councils" be established throughout the world. The British Labour Party had issued its own reconstruction programme in the document titled Labour and the New Social Order. In February 1918, the third Inter-Allied Labour and Socialist Conference (representing delegates from Great Britain, France, Belgium and Italy) issued its report, advocating an international labour rights body, an end to secret diplomacy, and other goals. And in December 1918, the American Federation of Labor (AFL) issued its own distinctively apolitical report, which called for the achievement of numerous incremental improvements via the collective bargaining process. As the war drew to a close, two competing visions for the post-war world emerged. The first was offered by the International Federation of Trade Unions (IFTU), which called for a meeting in Berne in July 1919. The Berne meeting would consider both the future of the IFTU and the various proposals which had been made in the previous few years. The IFTU also proposed including delegates from the Central Powers as equals. Samuel Gompers, president of the AFL, boycotted the meeting, wanting the Central Powers delegates in a subservient role as an admission of guilt for their countries' role in the bringing about war. Instead, Gompers favored a meeting in Paris which would only consider President Woodrow Wilson's Fourteen Points as a platform. Despite the American boycott, the Berne meeting went ahead as scheduled. In its final report, the Berne Conference demanded an end to wage labour and the establishment of socialism. If these ends could not be immediately achieved, then an international body attached to the League of Nations should enact and enforce legislation to protect workers and trade unions. The British proposed establishing an international parliament to enact labour laws which each member of the League would be required to implement. Each nation would have two delegates to the parliament, one each from labour and management. An international labour office would collect statistics on labour issues and enforce the new international laws. Philosophically opposed to the concept of an international parliament and convinced that international standards would lower the few protections achieved in the United States, Gompers proposed that the international labour body be authorized only to make recommendations, and that enforcement be left up to the League of Nations. Despite vigorous opposition from the British, the American proposal was adopted. The Americans made 10 proposals. Three were adopted without change: That labour should not be treated as a commodity; that all workers had the right to a wage sufficient to live on; and that women should receive equal pay for equal work. A proposal protecting the freedom of speech, press, assembly, and association was amended to include only freedom of association. A proposed ban on the international shipment of goods made by children under the age of 16 was amended to 4 ban goods made by children under the age of 14. A proposal to require an eight-hour work day was amended to require the eight-hour work day or the 40-hour work week (an exception was made for countries where productivity was low). Four other American proposals were rejected. Meanwhile, international delegates proposed three additional clauses, which were adopted: One or more days for weekly rest; equality of laws for foreign workers; and regular and frequent inspection of factory conditions. The Commission issued its final report on 4 March 1919, and the Peace Conference adopted it without amendment on 11 April. The report became Part XIII of the Treaty of Versailles. (The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919.) The first annual conference (referred to as the International Labour Conference, or ILC) began on 29th October 1919 in Washington DC and adopted the first six International Labour Conventions, which dealt with hours of work in industry, unemployment, maternity protection, night work for women, minimum age and night work for young persons in industry. The prominent French socialist Albert Thomas became its first Director General. The ILO became a member of the United Nations system after the demise of the League in 1946. 1.2. Purpose of labour legislation Labour legislation that is adapted to the economic and social challenges of the modern world of work fulfils three crucial roles:  it establishes a legal system that facilitates productive individual and collective employment relationships, and therefore a productive economy;  by providing a framework within which employers, workers and their representatives can interact with regard to work-related issues, it serves as an important vehicle for achieving harmonious industrial relations based on workplace democracy;  it provides a clear and constant reminder and guarantee of fundamental principles and rights at work which have received broad social acceptance and establishes the processes through which these principles and rights can be implemented and enforced. But experience shows that labour legislation can only fulfills these functions effectively if it is responsive to the conditions on the labour market and the needs of the parties involved. The most efficient way of ensuring that these conditions and needs are taken fully into account is if those concerned are closely involved in the formulation of the legislation through processes of social 5 dialogue. The involvement of stakeholders in this way is of great importance in developing a broad basis of support for labour legislation and in facilitating its application within and beyond the formal structured sectors of the economy. 1.3. Evolution of Labour law in India The law relating to labour and employment is also known as Industrial law in India. The history of labour legislation in India is interwoven with the history of British colonialism. The industrial/labour legislations enacted by the British were primarily intended to protect the interests of the British employers. Considerations of British political economy were naturally paramount in shaping some of these early laws. Thus came the Factories Act. It is well known that Indian textile goods offered stiff competition to British textiles in the export market and hence in order to make India labour costlier the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile magnates of Manchester and Lancashire. Thus India received the first stipulation of eight hours of work, the abolition of child labour, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly welfarist the real motivation was undoubtedly protectionist. The earliest Indian statute to regulate the relationship between employer and his workmen was the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for restraining the rights of strike and lock out but no machinery was provided to take care of disputes. The original colonial legislation underwent substantial modifications in the post-colonial era because independent India called for a clear partnership between labour and capital. The content of this partnership was unanimously approved in a tripartite conference in December 1947 in which it was agreed that labour would be given a fair wage and fair working conditions and in return capital would receive the fullest co-operation of labour for uninterrupted production and higher productivity as part of the strategy for national economic development and that all concerned would observe a truce period of three years free from strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on 01.04.1947 repealing the Trade Disputes Act 1929 has since remained on statute book. 1.4. Constitutional provisions with regard to labour laws The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and 6 Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. Labour is a concurrent subject in the Constitution of India implying that both the Union and the state governments are competent to legislate on labour matters and administer the same. The bulk of important legislative acts have been enacted by the Parliament. Constitutional Status Union List Concurrent List The legislations can be categorized as follows: 1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. 2) Labour laws enacted by Central Government and enforced both by Central and State Governments. 3) Labour laws enacted by Central Government and enforced by the State Governments. 4) Labour laws enacted and enforced by the various State Governments which apply to respective States. The Constitution of India provides detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy which set an aim to which the activities of the state are to be guided. These Directive Principles provide: 7  a. for securing the health and strength of employees, men and women; b. that the tender age of children are not abused; c. that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; d. just and humane conditions of work and maternity relief are provided; and e. that the Government shall take steps, by suitable legislation or in any other way, to secure the participation of employee in the management of undertakings, establishments or other organisations engaged in any industry. 1.5 Labour Policy of India Labour policy in India has been evolving in response to specific needs of the situation to suit requirements of planned economic development and social justice and has two fold objectives, namely maintaining industrial peace and promoting the welfare of labour. Labour Policy Highlights  Creative measures to attract public and private investment.  Creating new jobs  New Social security schemes for workers in the unorganized sector.  Social security cards for workers.  Unified and beneficial management of funds of Welfare Boards.  Reprioritization of allocation of funds to benefit vulnerable workers.  Model employee-employer relationships.  Long term settlements based on productivity.  Vital industries and establishments declared as `public utilities`.  Special conciliation mechanism for projects with investments of Rs.150 crores or more.  Industrial Relations committees in more sectors. 8   Labour Law reforms in tune with the times. Empowered body of experts to suggest required changes.  Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary.  Amendments to Industrial Disputes Act in tune with the times.  Efficient functioning of Labour Department.  More labour sectors under Minimum Wages Act.  Child labour act to be aggressively enforced.  Modern medical facilities for workers.  Rehabilitation packages for displaced workers.  Restructuring in functioning of employment exchanges. Computerization and updating of data base.  Revamping of curriculum and course content in industrial training.  Joint cell of labour department and industries department to study changes in laws and rules. 2. LABOUR LAWS IN INDIA The term ‘labour’ means productive work especially physical work done for wages. Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The law relating to labour and employment in India is primarily known under the broad category of "Industrial Law". The prevailing social and economic conditions have been largely influential in shaping the Indian labour legislation, which regulate various aspects of work such as the number of hours of work, wages, social security and facilities provided. 9 The labour laws of independent India derive their origin, inspiration and strength partly from the views expressed by important nationalist leaders during the days of national freedom struggle, partly from the debates of the Constituent Assembly and partly from the provisions of the Constitution and the International Conventions and Recommendations. The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. The Labour Laws were also influenced by important human rights and the conventions and standards that have emerged from the United Nations. These include right to work of one’s choice, right against discrimination, prohibition of child labour, just and humane conditions of work, social security, protection of wages, redress of grievances, right to organize and form trade unions, collective bargaining and participation in management. The labour laws have also been significantly influenced by the deliberations of the various Sessions of the Indian Labour Conference and the International Labour Conference. Labour legislations have also been shaped and influenced by the recommendations of the various National Committees and Commissions such as First National Commission on Labour (1969) under the Chairmanship of Justice Gajendragadkar, National Commission on Rural Labour (1991), Second National Commission on Labour (2002) under the Chairmanship of Shri Ravindra Varma etc. and judicial pronouncements on labour related matters specifically pertaining to minimum wages, bonded labour, child labour, contract labour etc. Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislations. As a result , a large number of labour laws have been enacted catering to different aspects of labour namely, occupational health, safety, employment, training of apprentices, fixation, review and revision of minimum wages, mode of payment of wages, payment of compensation to workmen who suffer injuries as a result of accidents or causing death or disablement, bonded labour, contract labour, women labour and child labour, resolution and adjudication of industrial disputes, provision of social security such as provident fund, employees’ state insurance, gratuity, provision for payment of bonus, regulating the working conditions of certain specific categories of workmen such as plantation labour, beedi workers etc. The legislations can be categorized as follows: 10  1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. 2) Labour laws enacted by Central Government and enforced both by Central and State Governments. 3) Labour laws enacted by Central Government and enforced by the State Governments. 4) Labour laws enacted and enforced by the various State Governments which apply to respective States. (a) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement 1. The Employees’ State Insurance Act, 1948 2. The Employees’ Provident Fund and Miscellaneous Provisions Act,1952 3. The Dock Workers (Safety, Health and Welfare) Act, 1986 4. The Mines Act, 1952 5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976 6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976 7. The Mica Mines Labour Welfare Fund Act, 1946 8. The Beedi Workers Welfare Cess Act, 1976 9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 10. The Cine Workers Welfare (Cess) Act, 1981 11. The Beedi Workers Welfare Fund Act, 1976 12. The Cine Workers Welfare Fund Act, 1981 (b) Labour laws enacted by Central Government and enforced both by Central and State Governments 13. The Child Labour (Prohibition and Regulation) Act, 1986. 14. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996. 15. The Contract Labour (Regulation and Abolition) Act, 1970. 16. The Equal Remuneration Act, 1976. 17. The Industrial Disputes Act, 1947. 11  18. The Industrial Employment (Standing Orders) Act, 1946. 19. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 20. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 21. The Maternity Benefit Act, 1961 22. The Minimum Wages Act, 1948 23. The Payment of Bonus Act, 1965 24. The Payment of Gratuity Act, 1972 25. The Payment of Wages Act, 1936 26. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 27. The Building and Other Construction Workers Cess Act, 1996 28. The Apprentices Act, 1961 29. Unorganized Workers Social Security Act, 2008 30. Working Journalists (Fixation of Rates of Wages Act, 1958 31. Merchant Shipping Act, 1958 32. Sales Promotion Employees Act, 1976 33. Dangerous Machines (Regulation) Act, 1983 34. Dock Workers (Regulation of Employment) Act, 1948 35. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 36. Private Security Agencies (Regulation) Act, 2005 (c) Labour laws enacted by Central Government and enforced by the State Governments 37. The Employers’ Liability Act, 1938 38. The Factories Act, 1948 39. The Motor Transport Workers Act, 1961 40. The Personal Injuries (Compensation Insurance) Act, 1963 41. The Personal Injuries (Emergency Provisions) Act, 1962 42. The Plantation Labour Act, 1951 43. The Sales Promotion Employees (Conditions of Service) Act, 1976 44. The Trade Unions Act, 1926 45. The Weekly Holidays Act, 1942 12  46. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 47. The Workmen’s Compensation Act, 1923 48. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 49. The Children (Pledging of Labour) Act 1938 50. The Bonded Labour System (Abolition) Act, 1976 51. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 State Labour Laws 1. Maharashtra Sl.No. Name of the labour legislation Central Rules State Rules 1 Apprentices Act , 1961 Apprentices Rules, 1961 Nil 2 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 3 Beedi Workers Welfare Fund Act, 1976 4 The Beedi Workers Welfare Cess The Beedi Worker's Act, 1976 Welfare Cess Rules, 1977 5 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 6 Bonded Labour System (Abolition) Act, 1976 7 Contract Labour (Regulation & Maharashtra Contract Abolition) Act , 1970 Labour (Regulation and Abolition) Rules, 1971 8 The Child Labour (Prohibition 13  And Regulation) Act, 1986 9 Children (Pledging of Labour) Act, 1933 10 The Cinema Workers and The Cinema Workers and Cinema Theatre Workers Cinema Theatre Workers (Regulation of Employment) Act, (Regulation of 1981 Employment) Rules, 1984 11 The Cine Workers’ Welfare Fund Act, 1981. 12 The Cine Workers Welfare Cess Act, 1981 13 The Dock Workers (Regulation of Employment) Act, 1948 14 The Dock Workers (Safety, Health & Welfare) Act, 1986 15 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997 16 Employee State Insurance Act , Employees’ State 1948 Insurance Rules, 1950 Employees’ State Insurance (General) Regulations, 1950 17 Employee's Provident Fund and Employees' Deposit Miscellaneous Provisions Act , Linked Insurance Scheme 1952 , 1976 18 Employment Exchanges Employment Exchanges (Compulsory Notification of (Compulsory Notification Vacancies) Act , 1959 of Vacancies) Rules, 1960 14 19 The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993 20 Equal Remuneration Act , 1976 Equal Remuneration Rules, 1976 21 Factories Act, 1948 Maharashtra Factories Rules, 1963 22 The Fatal Accidents Act, 1855 23 Industrial Disputes Act, 1947 Industrial disputes (Bombay) rules, 1957 24 The Bombay Industrial Relations Act, 1946 25 Industrial Employment and Bombay Industrial Standing Orders Act , 1946 Employment [Standing Orders] Rules, 1959 26 The Inter-state Migrant The Inter-state Migrant Workmen (Regulation of Workmen (Regulation of Employment and Conditions of Employment and Service) Act, 1979 Conditions of Service) Rules, 1983 27 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976 28 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976 29 Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain 15  Establishments) Act, 1988 30 The Bombay Labour Welfare Fund Act, 1953 31 Maternity Benefit Act , 1961 Maharashtra Maternity Benefit Rules, 1965 32 Minimum Wages Act , 1948 Maharashtra Minimum Wages Rules 1963 33 Maharashtra Workmen’s Minimum House Rent Allowance Act, 1986, 34 The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 35 The Mica Mines Labour Welfare Fund Act, 1946 36 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 37 The Motor Transport Workers Act, 1961 38 Payment of Bonus Act , 1965 Payment of Bonus Rules, 1975 39 Payment of Gratuity Act , 1972 Payment of Gratuity (Maharashtra) Rules, 1972 40 Payment of Wages Act , 1936 Maharashtra Payment of wages Rules, 1963 41 Bombay Shops & Establishment Act, 1948 16 42 The Plantation Labour Act, 1951 43 The Public Liability Insurance Act, 1991 44 The Sales Promotion Employees The Sales Promotion (Conditions of Service) Act, 1976 Employees (Conditions of Service) Rules, 1976 45 Trade Unions Act , 1926 Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 46 Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 47 The Unorganized Workers’ Social The Unorganized Security Act, 2008 Workers’ Social Security Rules, 2008 48 The War Injuries Ordinance Act, 1943 49 The War Injuries (Compensation Insurance) Act, 1943 50 The Weekly Holidays Act, 1942 Repealed in Maharashtra by Mah. Act 26 of 1961 51 Workmen’s Compensation Act, Bombay Workmen's 1923 Compensation Rules, 1934 52 The Working Journalist (Fixation of Rates of Wages) Act, 1958 53 The Working Journalists and The Working Journalists other Newspaper Employees’ and other Newspaper 17  (Conditions of Service and Misc. Employees’ Provisions) Act, 1955 (Conditions of Service and Misc. Provisions) Rules, 1957 54 Labour Courts (Practice and Procedure) Rules, 1975 2. Gujarat Sl.No. Name of the labour legislation Central Rules State Rules 1 Apprentices Act , 1961 Apprentices Rules, 1961 2 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 3 Beedi Workers Welfare Fund Act, 1976 4 The Beedi Workers Welfare Cess The Beedi Worker's Act, 1976 Welfare Cess Rules, 1977 5 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 6 Bonded Labour System (Abolition) Act, 1976 7 Contract Labour (Regulation & Contract Labour Abolition) Act , 1970 (Regulation and Abolition) Gujarat Rules, 1972 8 The Child Labour (Prohibition And Regulation) Act, 1986 18 9 Children (Pledging of Labour) Act, 1933 10 The Cinema Workers and The Cinema Workers and Cinema Theatre Workers Cinema Theatre Workers (Regulation of Employment) Act, (Regulation of 1981 Employment) Rules, 1984 11 The Cine Workers’ Welfare Fund Act, 1981. 12 The Cine Workers Welfare Cess Act, 1981 13 The Dock Workers (Regulation of Employment) Act, 1948 14 The Dock Workers (Safety, Health & Welfare) Act, 1986 15 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997 16 Employee State Insurance Act , Employees’ State 1948 Insurance Rules, 1950 Employees’ State Insurance (General) Regulations, 1950 17 Employee's Provident Fund and Employees' Deposit Miscellaneous Provisions Act , Linked Insurance Scheme 1952 , 1976 18 Employment Exchanges Employment Exchanges (Compulsory Notification of (Compulsory Notification Vacancies) Act , 1959 of Vacancies) Rules, 1960 19 The Employment of Manual Scavengers and Construction of 19  Dry latrines Prohibition Act, 1993 20 Equal Remuneration Act , 1976 Equal Remuneration Rules, 1976 21 Factories Act, 1948 Gujarat Factories Rules, 1963 Gujarat Payment of Unemployment Allowance to Workmen in Factories Act, 1981 22 The Fatal Accidents Act, 1855 23 Gujarat Physically Handicapped Persons (Employment in Factories) Act and Rules, 1982 24 Industrial Disputes Act, 1947 Industrial disputes (Gujarat) rules, 1966 25 The Bombay Industrial Relations Act, 1946 26 Industrial Employment and Gujarat Industrial Standing Orders Act , 1946 Employment [Standing Orders] Rules, 1982 27 The Inter-state Migrant The Inter-state Migrant Workmen (Regulation of Workmen (Regulation of Employment and Conditions of Employment and Service) Act, 1979 Conditions of Service) Rules, 1983 28 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines 20  Labour Welfare Fund Act, 1976 29 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976 30 Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Establishments) Act, 1988 31 The Bombay Labour Welfare Fund Act, 1953 32 Maternity Benefit Act , 1961 Gujarat Maternity Benefit Rules, 1964 33 Minimum Wages Act , 1948 Gujarat Minimum Wages Rules, 1961 34 The Mica Mines Labour Welfare Fund Act, 1946 35 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 36 The Motor Transport Workers The Motor Transport Act, 1961 Workers Gujarat Rules, 1965 37 Payment of Bonus Act , 1965 Payment of Bonus Rules, 1975 38 Payment of Gratuity Act , 1972 Payment of Gratuity (Gujarat) Rules, 1976 39 Payment of Wages Act , 1936 Gujarat Payment of Wages Rules, 1963 40 Bombay Shops & 21  Establishment Act, 1948 41 The Plantation Labour Act, 1951 42 The Public Liability Insurance Act, 1991 43 The Sales Promotion Employees The Sales Promotion (Conditions of Service) Act, 1976 Employees (Conditions of Service) Rules, 1976 44 Trade Unions Act , 1926 45 The Unorganized Workers’ Social The Unorganized Security Act, 2008 Workers’ Social Security Rules, 2008 46 The War Injuries Ordinance Act, 1943 47 The War Injuries (Compensation Insurance) Act, 1943 48 The Weekly Holidays Act, 1942 49 Workmen’s Compensation Act, Gujarat Workmen's 1923 Compensation Rules, 1967 50 The Working Journalist (Fixation of Rates of Wages) Act, 1958 51 The Working Journalists and The Working Journalists other Newspaper Employees’ and other Newspaper (Conditions of Service and Misc. Employees’ Provisions) Act, 1955 (Conditions of Service and Misc. Provisions) Rules, 1957 52 Labour Courts (Practice and Procedure) Rules, 1975 22  3. Madhya Pradesh Sl.No. Name of the labour legislation Central Rules State Rules 1 Apprentices Act , 1961 Apprentices Rules, 1961 2 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 3 Beedi Workers Welfare Fund Act, 1976 4 The Beedi Workers Welfare Cess The Beedi Worker's Act, 1976 Welfare Cess Rules, 1977 5 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 6 Bonded Labour System (Abolition) Act, 1976 7 Contract Labour (Regulation & Contract Labour Abolition) Act , 1970 (Regulation and Abolition) Madhya Pradesh Rules, 1973 8 The Child Labour (Prohibition And Regulation) Act, 1986 9 Children (Pledging of Labour) Act, 1933 10 The Cinema Workers and The Cinema Workers and Cinema Theatre Workers Cinema Theatre Workers (Regulation of Employment) Act, (Regulation of 23  1981 Employment) Rules, 1984 11 The Cine Workers’ Welfare Fund Act, 1981. 12 The Cine Workers Welfare Cess Act, 1981 13 The Dock Workers (Regulation of Employment) Act, 1948 14 The Dock Workers (Safety, Health & Welfare) Act, 1986 15 The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997 16 Employee State Insurance Act , Employees’ State 1948 Insurance Rules, 1950 Employees’ State Insurance (General) Regulations, 1950 17 Employee's Provident Fund and Employees' Deposit Miscellaneous Provisions Act , Linked Insurance Scheme 1952 , 1976 18 Employment Exchanges Employment Exchanges (Compulsory Notification of (Compulsory Notification Vacancies) Act , 1959 of Vacancies) Rules, 1960 19 The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993 20 Equal Remuneration Act , 1976 Equal Remuneration Rules, 1976 21 Factories Act, 1948 Madhya Pradesh Factories Rules, 1962 24 22 The Fatal Accidents Act, 1855 24 Industrial Disputes Act, 1947 25 Madhya Pradesh Industrial Relations Act, 1960 and Madhya Pradesh Industrial Relations Rules, 1961 26 Industrial Employment and Madhya Pradesh Industrial Standing Orders Act , 1946 Employment (Standing Orders) Act, 1961 27 The Inter-state Migrant Inter-State Migrant Workmen (Regulation of Workmen (Regulation of Employment and Conditions of Employment and Service) Act, 1979 Conditions of Service) M.P. Rule, 1981 28 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976 29 The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976 30 Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain Establishments) Act, 1988 31 Labour Welfare Fund Act 32 Maternity Benefit Act , 1961 Maternity Benefit Rules 33 Minimum Wages Act , 1948 Minimum Wages Rules 34 The Mica Mines Labour Welfare Fund Act, 1946 25 35 The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 36 The Motor Transport Workers Act, 1961 37 Payment of Bonus Act , 1965 Payment of Bonus Rules, 1975 38 Payment of Gratuity Act , 1972 Payment of Gratuity Rules 39 Payment of Wages Act , 1936 Madhya Pradesh Payment of Wages Rules, 1962 40 Madhya Pradesh Shops & Establishment Act, 1958 41 The Plantation Labour Act, 1951 42 The Public Liability Insurance Act, 1991 43 The Sales Promotion Employees The Sales Promotion (Conditions of Service) Act, 1976 Employees (Conditions of Service) Rules, 1976 44 Trade Unions Act , 1926 45 The Unorganized Workers’ Social The Unorganized Security Act, 2008 Workers’ Social Security Rules, 2008 46 The War Injuries Ordinance Act, 1943 47 The War Injuries (Compensation Insurance) Act, 1943 48 The Weekly Holidays Act, 1942 49 Workmen’s Compensation Act, Workmen’s Compensation (Madhya Pradesh) Rules, 26  1923 1962, Madhya Pradesh Workmen’s Compensation (Occupational Diseases) Rules, 1963 50 The Working Journalist (Fixation of Rates of Wages) Act, 1958 51 The Working Journalists and The Working Journalists other Newspaper Employees’ and other Newspaper (Conditions of Service and Misc. Employees’ Provisions) Act, 1955 (Conditions of Service and Misc. Provisions) Rules, 1957 52 Labour Courts (Practice and Procedure) Rules, 1975 3. Classification of LABOUR LAWS in India Labour Laws may be classified under the following heads: I. Laws related to Industrial Relations such as: 1. Trade Unions Act, 1926 2. Industrial Employment Standing Order Act, 1946. 3. Industrial Disputes Act, 1947. II. Laws related to Wages such as: 4. Payment of Wages Act, 1936 5. Minimum Wages Act, 1948 6. Payment of Bonus Act, 1965. 7. Working Journalists (Fixation of Rates of Wages Act, 1958 III. Laws related to Working Hours, Conditions of Service and Employment such as: 8. Factories Act, 1948. 9. Plantation Labour Act, 1951. 10. Mines Act, 1952. 11. Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955. 12. Merchant Shipping Act, 1958. 13. Motor Transport Workers Act, 1961. 27  14. Beedi & Cigar Workers (Conditions of Employment) Act, 1966. 15. Contract Labour (Regulation & Abolition) Act, 1970. 16. Sales Promotion Employees Act, 1976. 17. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 18. Dock Workers (Safety, Health & Welfare) Act, 1986. 19. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996. 20. Building and Other Construction Workers Welfare Cess Act, 1996 21. Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 22. Dangerous Machines (Regulation) Act, 1983 23. Dock Workers (Regulation of Employment) Act, 1948 24. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 25. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 26. Industrial Employment (Standing Orders) Act, 1946 27. Mines and Mineral (Development and Regulation Act, 1957 28. Plantation Labour Act, 1951 29. Private Security Agencies (Regulation) Act, 2005 IV. Laws related to Equality and Empowerment of Women such as: 30. Maternity Benefit Act, 1961 31. Equal Remuneration Act, 1976. V. Laws related to Deprived and Disadvantaged Sections of the Society such as: 32. Bonded Labour System (Abolition) Act, 1976 33. Child Labour (Prohibition & Regulation) Act, 1986 34. Children (Pledging of Labour) Act, 1933 VI. Laws related to Social Security such as: 35. Workmen’s Compensation Act, 1923. 36. Employees’ State Insurance Act, 1948. 37. Employees’ Provident Fund & Miscellaneous Provisions Act, 1952. 38. Payment of Gratuity Act, 1972. 39. Employers’ Liability Act, 1938 40. Beedi Workers Welfare Cess Act, 1976 41. Beedi Workers Welfare Fund Act, 1976 42. Cine workers Welfare Cess Act, 1981 43. Cine Workers Welfare Fund Act, 1981 44. Fatal Accidents Act, 1855 45. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 46. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976 47. Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 48. Mica Mines Labour Welfare Fund Act, 1946 28  49. Personal Injuries (Compensation Insurance) Act, 1963 50. Personal Injuries (Emergency Provisions) Act, 1962 51. Unorganised Workers’ Social Security Act, 2008 4a. APPRENTICES ACT, 1961 The main purpose of the Act is to provide practical training to technically qualified persons in various trades. The objective is promotion of new skilled manpower. The scheme is also extended to engineers and diploma holders. The Act applies to areas and industries as notified by Central government. [Section 1(4)]. Scheme of the Act There are 38 Sections in total and 1 Schedule. This Schedule is about modifications in the Workmen’s Compensation Act, 1923 with regard to its application to apprentices under the Apprentices Act, 1961. Obligation of Employer  Every employer is under obligation to provide the apprentice with the training in his trade in accordance with the provisions of this Act and the rules made there under.  If the employer is not himself qualified in the trade, he has to ensure that a person who possesses the prescribed qualification is placed in charge of the training of the apprentice.  Every employer has to provide adequate instructional staff, possessing such qualifications as may be prescribed for imparting practical and theoretical training and facilities for trade test of apprentices; and  Every employer is under obligation to take apprentices in prescribed ratio of the skilled workers in his employment in different trades. [Section 11].  In every trade, there will be reserved places for scheduled castes and schedules tribes. [Section 3A]. Ratio of trade apprentices to workers shall be determined by Central Government.  Employer can engage more number of apprentices than prescribed minimum. [Section 8(1)].  The employer has to make arrangements for practical training of apprentice [Section 9(1)].  Employer will pay stipends to apprentices at prescribed rates. If the employees are less than 250, 50% of cost is shared by Government. If employer is employing more than 250 workers, he has to bear full cost of training. 29 Obligations of Apprentices Every trade apprentice undergoing apprenticeship training shall have the following obligations, namely:  To learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training;  To attend practical and instructional classes regularly;  To carry out all lawful orders of his employer and superiors in the establishments; and  To carry out his obligations under the contract of apprenticeship. In case of graduate or technician apprentice or technician (vocational) apprentice, apart from the afore stated obligations, the Act imposes further obligation to learn his subject in Engineering or Technology or Vocational Course. (Section 12) Who can be an Apprentice - Apprentice should be of minimum age of 14 years and he should satisfy the standard of education and physical fitness as prescribed. [Section 3]. Reservation of training places for scheduled castes Section 3A provides that in every designated trade, training places shall be reserved by the employer for the Scheduled Castes and Scheduled Tribes (as defined in clauses (24) and (25) of Article 366 of the Constitution) and where there is more than one designated trade in an establishment, such training places shall be reserved on the basis on the total number of apprentices in all the designated trades in such establishment. The reservation shall be such as may be prescribed having regard to the population of the Scheduled Castes and Scheduled Tribes in the State concerned. Duration of Training - Duration of training period and ratio of apprentices to skilled workers for different trades has been prescribed in Apprenticeship Rules, 1991. Duration of Apprenticeship may be from 6 months to 4 years depending on the trade, as prescribed in Rules. Period of training is determined by National Council for training in Vocational Trades (established by Government of India)-(Section 6). Contract with Apprentice – Apprentice appointed has to execute a contract of apprenticeship with employer. The contract has to be registered with Apprenticeship Adviser. If apprentice is minor, agreement should be signed by his guardian. [Section 4(1)] Apprentice is entitled to casual leave of 12 days, medical leave of 15 days and extraordinary leave of 10 days in a year. 30 Date of commencement of apprenticeship training The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into. Registration  The employer shall send the contract to the Apprenticeship adviser for registration within three months of the date on which it was signed (Rule 6).  The contract shall be registered by the Apprenticeship Adviser on being satisfied that the person described as an apprentice in the said contract is qualified under this Act.  Registration of contract of apprenticeship under Section 4(4) is not a necessary ingredient of definition of apprentice. (Bhaskaran v. KSEB (1986) 1 LLN 869). Terms and conditions of contract The contract may contain such terms and conditions as may be agreed to by the parties to the contract. In case, the Central Government after consulting the Central Apprenticeship Council makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training then the terms and conditions of every contract relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly. Novation of contract of apprenticeship: Where an employer is for any reason unable to fulfill his obligations under the contract and with approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and other employer. Such contract on and from the date of such registration shall be terminated with the first employer and no obligation under that contract shall be enforceable (Section 5). Payment to apprentices 31 This is a contractual as well as statutory obligation imposed under Section 13 of the Act that an employer pays to every apprentice during the period of training such stipend at a rate not less than the prescribed minimum rate and this rate will be specified in the contract. An employer shall pay such stipend at such intervals and subject to such conditions as may be prescribed. However, an apprentice shall not be paid on the basis of piece-work nor he shall take part in any output bonus or other incentive scheme. Termination of contract The contract of apprenticeship training shall terminate on the expiry of the period of apprenticeship training. Either party can make application for termination of contract to the Apprenticeship Adviser and thereafter send a copy of the same to the other party, who on being satisfied that the parties have failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the contract, shall register the same. However, the employer shall pay the prescribed amount of compensation to the apprentice where the contract is terminated for failure on the part of the employer to honour the contract. Where the contract is terminated for failure on the part of the apprentice, he or his guardian shall refund the cost of the training to the employer. (Section 7) Legal Position of Apprentices - An apprentice is not a workman during apprentice training. [Section 18] Provisions of labour law like Bonus, PF, ESI. Act, gratuity, Industrial Disputes Act etc. are not applicable to him. However, provisions of Factories Act regarding health, safety and welfare will apply to him. Apprentice is also entitled to get compensation from employer for employment injury. [Section 16]. An employer is under no obligation to employ the apprentice after completion of apprenticeship. [Section 22(1)]. However, in UP State Road Transport Corpn v. UP Parivahan Nigam Shishukh Berozgar Sangh AIR 1995 SC 1114 = (1995) 2 SCC 1 , it was held that other things being equal, a trained apprentice should be given preference over direct recruits. It was also held that he need not be sponsored by the employment exchange. Age bar may also be relaxed, to the extent of training period. The concerned institute should maintain a list of persons already trained and in between trained apprentices, preference should be given to those who are senior. – same view in UP Rajya Vidyut Parishad v. State of UP 2000 LLR 869 (SC). 32 Stipend payable- The minimum rate of stipend payable per month is as follows - (a) Engineering graduates - Rs 1,970 p.m. for post-institutional training (b) Sandwich course students for degree examination - Rs 1,400 p.m. (c) diploma holders - Rs 1,400 p.m. for post-institutional training (d) Sandwich course students for degree examination - Rs 1,140 p.m. (e) Vocational certificate holder - Rs 1,090 p.m. [w.e.f. May 2001] In case of 4 year training, the stipend is as follows – first year – Rs 820 pm. Second year – Rs 940 pm. Third year – Rs 1,090 pm. Fourth year – Rs 1,230 pm. [From May 2001]. Test and Proficiency certificate - On completion of training, every trade apprentice has to appear for a test conducted by National Council. If he passes, he gets a certificate of proficiency. Apprenticeship Adviser - Government is empowered to appoint Apprenticeship Adviser, Dy Apprenticeship Adviser etc. to supervise the scheme. Various powers have been conferred on them under the Act. Disputes under contract and settlement thereof Section 20 of the Act provides that if out of the terms and conditions of the contract any dispute arises, it will be referred to Apprenticeship Adviser for decision. An appeal can be preferred by the aggrieved party within 30 days of the communication of the Adviser’s decision to the Apprenticeship Council and such appeal shall be heard and determined by the Committee of that Council appointed for the purpose, and such decision of the Committee shall be final. Holding of Test and Grant of Certificate and Conclusion of Training (Section 21) - (1) Every trade apprentice who has completed the period of training shall appear for a test to be conducted by the National Council to determine his proficiency in the designated trade in which he has undergone his apprenticeship training. (2) Every trade apprentice who passes the test referred to in sub-Section (1) shall be granted a certificate of proficiency in the trade by the National Council. (3) The progress in apprenticeship training of every graduate or technician apprentice, technician (vocational) apprentice shall be assessed by the employer from time to time. 33 (4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a certificate of proficiency by that Board. (2) Notwithstanding anything in sub-Section (1), where there is a condition in a contract of apprenticeship shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract: Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer. Offences and Penalties (Section 30) (1) If any employer - (a) engages as an apprentice a person who is not qualified for being so engaged, or (b) fails to carry out the terms and conditions of a contract of apprenticeship, or (c) contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (2) If any employer or any other person - (a) required to furnish any information or return - (i) refuses or neglects to furnish such information or return, or (ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true, or 34 (iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or (b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act, or (c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or (d) employs an apprentice on any work which is not connected with his training, or (e) makes payment to an apprentice on the basis of piecework, or (f) requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. Penalty where no specific penalty is specified (Section 31) - If any employer or any other person contravenes any provision of this Act for which no punishment is provided in Section 30, he shall be punishable with fine which shall not be less than one thousand rupees but may extend to three thousand rupees. Offences by Companies (Section 32) (1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-Section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-Section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be 35 deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this Section, - (a) "company" means a body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm. Cognizance of Offences (Section 33) No court shall take cognizance of any offence under this Act or the rules made there under except on a complaint thereof in writing made by the Apprenticeship Adviser or the officer of the rank of Deputy Apprenticeship Adviser and above within six months from the date on which the offence is alleged to have been committed. 4b. Employee State Insurance Act, 1948 Introduction The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. The Act in fact tries to attain the goal of socio-economic justice enshrined in the Directive principles of state policy under part 4 of our constitution, in particular articles 41, 42 and 43 which enjoin the state to make effective provision for securing, the right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement. The act strives to materialize these avowed objects through only to a limited extent. This act becomes a wider spectrum than factory act. In the sense that while the factory act concerns with the health, safety, welfare, leave etc of the workers employed in the factory premises only. But the benefits of this act extend to employees whether working inside the factory or establishment or elsewhere or they are directly employed by the principal employee or through an intermediate agency, if the employment is incidental or in connection with the factory or establishment. Related Legislations: ESI (Central) Rules, 1950 and ESI (General) Regulations, 1950 36 Origin The Employee State Insurance act was promulgated by the Parliament of India in the year 1948.To begin with the ESIC scheme was initially launched on 2nd February 1952 at just two industrial centers in the country namely Kanpur and Delhi with a total coverage of about 1.20 lakh workers. There after the scheme was implemented in a phased manner across the country with the active involvement of the state governments. Objectives: The ESI Act is a social welfare legislation enacted with the object of providing certain benefits to employees in case of sickness, maternity and employment injury. Under the Act, employees will receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers and compensation for fatal or other injuries and diseases. Definitions According to Section 2 (m) of Factories Act, 1948, Factory means any premises including the precints thereof - (a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or (b) whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on. but does not include a mine subject to the operation of Mines Act, 1952 or a railway running shed; According to Section 2 (k) of Factories Act, "manufacturing process" means any process for - (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or (ii) pumping oil, water, sewage or any other substance; or; (iii) generating, transforming or transmitting power; or 37 (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; lra-6 ] [ lra-7 or lra-7 ] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (vi) preserving or storing any article in cold storage; According to Section 2 (h) of The Minimum Wages Act, "wages"- means all remuneration capable of being expressed in terms of money which would if the terms of the contract of employment express or implied were fulfilled be payable to a person employed in respect of his employment or of work done in such employment and includes house rent allowance but does not include - (i) the value of - (a) any house accommodation supply of light water medical attendance or (b) any other amenity or any service excluded by general or special order of the appropriate government; (ii) any contribution paid by the employer to any person fund or provident fund or under any scheme of social insurance; (iii) any traveling allowance or the value of any traveling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge Applicability:  The ESI Act extends to the whole of India.  It applies to all the factories including Government factories (excluding seasonal factories), which employ 10 or more employees and carry on a manufacturing process with the aid of power and 20 employees where manufacturing process is carried out without the aid of power.  The act also applies to shops and establishments. Generally, shops and establishments employing more than 20 employees are covered by the Act. “Shop” according to the Delhi Shops and Establishment Act, 1954 means any premises where goods are sold either by 38  retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or workhouse or work place, whether in the same premises or otherwise, used in or in connection with such trade or business but does not include a factory or a commercial establishment. “Establishment” means a shop, a commercial establishment, residential hotel, restaurant, eating-house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishment as Government may, by notification in the Official Gazette, declare to be an establishment for the purpose of this Act. According to the Delhi Shops and Establishment Act, 1954, “Commercial Establishment” means any premises wherein any trade, business or profession or any work in connection with, or incidental or ancillary thereto is carried on and includes a society registered under the Societies Registration Act, 1860, and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments, quarries and mines not governed by the Mines Act, 1952, educational or other institutions run for private gain, and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory registered under the Factories Act, 1948, or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other places of public amusements or entertainment. Form 01 – Employers’ Registration Form also requires a copy of the registration certificate or licence obtained under the Shops and Establishment Act to be attached along with this form. From this it is quite evident that ESI Act will be applicable to shops and establishments. Again the definition of shops and establishment will vary from state to state depending on the shops and establishment act of that particular state.  The act does not apply to any member of Indian Naval, Military or Air Forces.  All employees including casual, temporary or contract employees drawing wages less than Rs 10,000 per month are covered. The ceiling limit has been raised from Rs.7500 to Rs.10000 with effect from 01.10.06.  Apprentices covered under the Apprenticeship Act are not covered under this Act. According to Apprenticeship Act 1961, “apprentice” means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. o The apprentices under any scheme as the name suggests come to learn the tricks of the trade and may not count much so far as the output of the factory is concerned, with that end in view, the apprentices are exempted from the operation of laws 39  relating to labour unless the State Government thought otherwise.-- Regional Director ESIC v. M/s Arudyog 1987 (1) LLJ 292.  A factory or establishment, to which this Act applies, shall continue to be governed by its provisions even if the number of workers employed falls below the specified limit or the manufacturing process therein ceases to be carried on with the aid of power subsequently.  Where a workman is covered under the ESI scheme, o Compensation under the Workmen's Compensation Act cannot be claimed in respect of employment injury. o No benefits can be claimed under the Maternity Benefits Act. Important Case laws 1. Where by some club not only sporting facilities but a kitchen is also maintained, wherein a big number of members come, it is not necessary that they are participating only in sports activities, they are also entertaining themselves and their guests by partaking beverages and tea served by the club. Activity in the kitchen has a direct connection with the activities carried on in the rest of the club premises. It is necessary that the club be registered under ESI Act as regards all the employees engaged by the club irrespective of the fact in which department they are working. Cricket Club of India satisfies the definition of the term `factory' under s. 2(12) of the Act hence covered by it.-- Cricket Club of India v. ESI Corporation 1994 (69) FLR 19. 2. Where in an establishment activities like that of clearing and forwarding is going on, it would fall within the expression "shop" even though clearing of documents is done in customs house meant for export and import of goods. Person involved in such business is catering to the needs of exporters and importers and others wanting to carry the goods further. -- AIR 1993 SC 252. 3. Anyone having product may approach advertising agency. The advertising agency will prepare an advertising campaign for him utilising the services of the experts it employs in this behalf. It sells the campaign to the client and receives the price thereof. Indubitably, the price will depend upon the nature of the campaign but that does not make any great difference. Essentially, the advertising agency sells its expert services to a client to enable the client to launch an effective campaign of his products without staining the language, the premises of an advertising agency can be said to be a "shop"--ESI Corporation v. R.K. Swamy 1993 (67) FLR 1145 : 1993 (2) CLR 1068. 4. Where a laid-off employee after signing the lay-off register was coming out of the factory premises and when crossing the road was hit by a scooter, injuries sustained by him were 40  taken as covered during the course of employment on the basis of theory of notional extension.-- Satya Sharma v. ESI Corporation 1991 (63) FLR 339. 5. If the work by the employee is conducted under the immediate gaze or overseeing of the principal employer or his agent, subject to other conditions as envisaged being fulfilled he would be an employee for the purpose of s. 2(9).-- CES Corporation Ltd. v. Subash Chandra Bose 1992 (1) LLJ 475. 6. A work that is conducive to the work of the factory or establishment or that is necessary for the augmentation of the work of the factory or establishment will be incidental or preliminary to or connected with the work of the factory or establishment. The casual employees shall also be brought within it and are entitled to the benefits which the Act grants. The casual labour employed to construct additional buildings for expansion of the factory are the employees under the Act.-- Regional Director, ESIC v. South India Flour Mills Ltd. 1986 (53) FLR 178. 7. Employees engaged for repairs, site clearing, construction of buildings, etc. of the principal employer are employees within the meaning of s. 2(9) of the Act. --Kirloskar Pneumatic Co. Ltd. v. ESI Corporation 1987 (70) FJR 199. 8. The expression "employed for wages or in connection with the work of a factory or establishment" is of very wide amplitude and its generality is not in any way prejudiced by the expression and includes any person employed for wages or any work connected with the administration of the factory or establishment or in connection with sale or distribution of the products of the factory or establishments. The word "includes" in the statutory definition of a term is generally used to enlarge the meaning of the preceding words and it is by way of extension and not with restriction. In order to determine whether the employees of the company working at its branch sales offices and carrying on acts of sale and distribution of goods manufactured by the company as well as the goods produced by the foreign company are "employees" what is pertinent is not whether they are "principally" and primarily engaged in sale and distribution of the products of the company but whether the business of sale and distribution either "principally" or "marginally" of the products of the foreign company is being done on behalf of the company. If the main business of the company itself at the branch sales offices, is to sell and distribute products of foreign company and the employees working have been employed by the company basically in connection with this work, it would be difficult to hold that the employees at branch sales offices are not "employees" within the meaning of the term defined in s. 2(9) of the Act notwithstanding the fact that the sale and distribution of the products of the company at 41  such offices are only marginal.-- Director General, ESI Corporation v. Scientific Instrument Co. Ltd. 1995 Lab. IC 651. 9. Where the work of fixing the marble is extended to a contractor by a marble manufacturing company, duty of the contractor is only to complete the work while marble, cement etc., is supplied by the manufacturing company, workers employed by the contractor would be the employees of the factory as under s. 2(9) of the Act.-- 1992 (2) CLR 881. 10. There is no such difference as that of casual or temporary or permanent employee for the expression "employee" as defined under s. 2(9) of the Act. It is so wide as to include even a casual employee who is employed just for a day for wages. The test being whether the person is employed for wages on any work which is connected with the work of a factory or establishment which bears the application of the Act except those exempted by the definition.-- ESI Corporation v. Suvarna Saw Mills 1980 (57) FJR 154. 11. Where a department of publication and press run by the university concerned is engaged in the printing of text books, journals, registers, forms, etc., that would amount to manufacturing process.-- Osmania University v. ESI Corporation 1986 (1) LLN 72. 12. Where there was no manufacturing of articles nor the hotel was manufacturing any article with the aid of power except maintaining one refrigerator to preserve milk and curd, and as there was no using of power in the kitchen for making the eatables and the refrigerator had been kept only for preservation of milk and curd, there was no manufacturing process.-- Ritz Hotel v. ESI Corpn. 1995 (1) Mah. LJ 63. 13. Wages paid for the holidays are wages as defined.-- R.D., ESI Corporation v. Raj Keshaw Co. 1991 Lab. IC 1991 Lab. IC 1989. 14. Overtime wages could not be treated as "wages" for the purpose of contribution under the Act.-- Hind Art Press v. ESI Corporation 1990 (1) LLJ 195. 15. The ESI Corporation is conferred with the power to recover arrears of contributions from the employer along with damages/interest on the contribution that remained due. Correspondingly it is under an obligation to pay with interest the arrears of benefits to the insured employees or his dependents.-- ESI Corporation v. Bhag Singh 1989 (2) LLJ 126. 16. Section 53 of the ESI Act (Bar against receiving or recovery of compensation or damages under any other law) does not bar the remedy under s. 110A of the Motor Vehicles Act, 1939.-- Deputy General Manager KSRTC v. Gopal Mudaliar 1983 (46) FLR 194. Areas Covered 42 The ESI Scheme is being implemented area-wise by stages. The Scheme is being implemented in almost all union territories and states except Nagaland, Manipur, Tripura, Sikkim, Arunachal Pradesh and Mizoram. Administration of the Act The provisions of the Act are administered by the Employees State Insurance Corporation. It comprises members representing employees, employers, the central and state government, besides, representatives of parliament and medical profession. A standing committee constituted from amongst the members of the corporation, acts as an executive body. The medical benefit council, constituted by the central government, is another statutory body that advises the corporation on matters regarding administration of medical benefit, the certification for purposes of the grant of benefits and other connected matters. Registration The employer should get his factory or establishment registered with the ESI Corporation within 15 days after the Act becomes applicable to it and also obtain the employer’s code number. Application should be made in Form 01 and after having being satisfied with the application form, the regional office will allot a code number to the employer, which must be quoted in all documents and correspondence. Identity Card An employee is required to file a declaration form upon employment in factory or establishment to show that he is covered under the Act. On registration every insured person is provided with a ‘temporary identification certificate’ which is valid ordinarily for a period of three months but may be extended, if necessary, for a further period of 3 months. Within this period, the insured person is given a permanent ‘family photo identity card’ in exchange for the certificate. The identity card serves as a means of identification and has to be produced at the time of claiming medical care at the dispensary / clinic and cash benefit at the local office of the corporation. In the event of change of employment, it should be produced before the new employer as evidence of registration under the scheme to prevent any duplicate registration. The identity card bears the signature/thumb impression of the insured person. Since medical benefit is also available to the families of Insured persons, the particulars of family members entitled to medical benefit are also given in the identity card affixed with a postcard size family photo. If the identity card is lost, a duplicate card is issued on payment as prescribed. 43 Employers’ / Employees’ Contribution Like most of the social security schemes, the world over, ESI scheme is a self-financing health insurance scheme. Contributions are raised from covered employees and their employers as a fixed percentage of wages. Presently covered employees contribute 1.75% of the wages, whereas as the employers contribute 4.75% of the wages, payable to the insured persons. Employees earning less than and up to Rs. 50 per day are exempted from payment of contribution. The contribution is deposited by the employer in cash or by cheque at the designated branches of some nationalized banks. The responsibility for payment of all contributions is that of the employer with a right to deduct the employees share of contribution from employees’ wages relating to the period in respect of which the contribution is payable. There are two contribution periods each of six months duration and two corresponding benefit periods. Cash benefits under the scheme are generally linked with contribution paid. Contribution period - 1st April to 30th September, its corresponding Cash Benefit period is 1st January to 30th June of the following year. Contribution period - 1st October to 31st March, its corresponding Cash Benefit period is 1st July to 31st December of the following year. Certification of Return of Contribution by Auditor Regulation 26 of Employees’ State Insurance (General) Regulations, 1950 was amended by Notification No.N-12/13/1/2008-P&D to include certain details to be mentioned in the Return of Contribution to be submitted by employers. The salient features of amendments made in the Returns of Contribution are as under:- 1. Self-declaration by Employers regarding maintenance of records and registers, submission of Declaration Forms, employees engaged directly or through immediate employers and wages paid to the workers. 2. All the Employers employing 40 and more employees shall have to append a certificate duty certified by a Chartered Accountant, in the revised format of Returns of Contribution. 3. The Employers employing less than 40 employees will have to provide self- certification without any certification from the Chartered Accountants in Return of Contribution. The Chartered Accountant should certify that he has verified the return from the records and registers of the company. 44 This notification has come into force with effect from 01-04-2008. Benefits under the Scheme Employees covered under the scheme are entitled to medical facilities for self and dependants. They are also entitled to cash benefits in the event of specified contingencies resulting in loss of wages or earning capacity. The insured women are entitled to maternity benefit for confinement. Where death of an insured employee occurs due to employment injury or occupational disease, the dependants are entitled to family pension. Various benefits that the insured employees and their dependants are entitled to, the duration of benefits and contributory conditions thereof are as under:  Medical benefits o From day one of entering insurable employment for self and dependants such as spouse, parents and children own or adopted. o For self and spouse on superannuation subject to having completed five years in insurable employment on superannuation or in case of having suffered permanent physical disablement during the course of insurable employment.  Sickness benefits o Sickness benefit is payable to an insured person in cash, in the event of sickness resulting in absence from work and duly certified by an authorised insurable medical officer/ practitioner. o The benefit becomes admissible only after an insured has paid contribution for at least 78 days in a contribution period of 6 months. o Sickness benefit is payable for a maximum of 91 days in two consecutive contribution period.  Extended sickness benefit o Extended sickness benefit is payable to insured persons for the period of certified sickness in case of specified 34 long-term diseases that need prolonged treatment and absence from work on medical advice. o For entitlement to this benefit an insured person should have been in insurable employment for at least 2 years. He/ she should also have paid contribution for a minimum of 156 days in the preceding 4 contribution periods or say 2 years. o ESI is payable for a maximum period of 2 years on the basis of proper medical certification and authentication by the designated authority. 45  o Amount payable in cash as extended sickness benefit is payable within 7 days following the submission of complete claim papers at the local office concerned.  Enhanced sickness benefit o This cash benefit is payable to insured persons in the productive age group for under going sterilization operation, viz., vasectomy/ tubectomy. o The contribution is the same as for the normal sickness benefit. o Enhanced sickness benefit is payable for 14 days for tubectomy and for seven days in case of vasectomy.  Maternity benefit o Maternity benefit is payable to insured women in case of confinement or miscarriage or sickness related thereto. o For claiming this an insured woman should have paid for at least 70 days in 2 consecutive contribution periods i.e. 1 year. o The benefit is normally payable for 12 weeks, which can be further extended up to 16 weeks on medical grounds. o The rate of payment of the benefit is equal to wage or double the standard sickness benefit rate. o The benefit is payable within 14 days of duly authenticated claim papers.  Disablement benefit o Disablement benefit is payable to insured employees suffering from physical disablement due to employment injury or occupation disease.  Dependants benefit o Dependants benefit [family pension] is payable to dependants of a deceased insured person wh