Industrial Legislative Act
and Regulation
In order to safeguard the interest of the
industrial workers, a number of industrial act and regulation have been passed
by the govt.
Different Industrial Acts:
Indian Factory
Act, 1881( amended in 1948)
Worker’s
Compensation Act, 1924
Minimum
Wages Act, 1948
Industrial
Dispute Act, 1947
ESI(
Employee’s State Insurance) Act, 1948
Indian Factory
Act, 1948
·
The
main objective of the act was to make strong the laws of regulating labour in
the factories in India.
·
This factory act is now applicable to all
factories in India which employ 10 or more number of workers and which uses any
type of power
Main Features of Act
·
Approving, Licensing & Registration: Plans and specification should be approved by
factory inspector. Factory should be registered and license fee should be paid
·
Health Provision: Every factory should be clean and tidy. They
should be proper ventilated for fresh air. Company surrounding should maintain
humid temperature naturally or artificially. Sufficient lighting, drinking
water, urinal or latrine must be available.
·
Safety Provisions: Every part of the machines in the company
should be properly guarded and should be proper standard. Emergency first aid
and ambulance should be available. Special protective equipment’s (gloves,
goggles, and coat) should be provided to workers in dangerous field. Every
factory should have immediate evacuation provisions under emergency condition.
·
Welfare Provisions: Suitable facilities of staying, rest room, sitting,
canteen, laundry should be provided by the company. Welfare should be appointed
in every factory with more than 500 workers.
·
Hours of Work: No workers should be allowed to work more
than 48 hours in a week and not more than 9 hours in a day. If allowed he
should be entitled to extra wages. No women should be allowed to work in
factory after 07.00 pm.
·
Employment of young persons: No persons below the age of 14 shall be
employed in the factory. Child above 14 with fitness certificate should be
employed.
·
Annual Leave: Each employee should be given 30 days (adult)
and 40 days (child). After completing 250 days in a year, an employee is
entitled with EL (earned leave) for which he/her will be paid for the leaves.
·
It is
the act which provides the payment by certain classes of employer to their
workmen as compensation for injury by accident.
Features of the act:
·
Employer’s Liability: The workmen injured in the factory during his employment, he/she is
liable for the compensation.
·
Amount of Compensation: The amount depends upon the kind of injury like
(death, permanent disable, partial disable, temporary disable).
·
Notice of Accident: The employer should give the prior intimation
or notice of accident through some responsible person before claiming for the
benefit.
·
Medical Examination: He/she should bring the medical certificate
of his/her injury for getting the benefit.
·
Distribution of Compensation: No compensation should be released to the
victim without the Factory Commissioner. If made it will not be considered.
·
Commissioner: He is
the gazette officer of govt. appointed as Commissioner for the specific area.
He has full power of Civil Court.
Minimum Wages Act
·
An
Act to provide for fixing minimum rates of wages in certain employments.
·
An
Act to provide for certain benefits to employees in case of sickness, maternity
and "employment injury" and to make provision for certain other
matters.
Features
of Act:
·
A
basic rate of wages with the cost of living allowance.
·
It
provides the cash value of the concessions in respect of supplies of essential
commodities at concessional rates. i.e., Mess Allowance, Laundry Allowance,
Hospital Allowance etc.
·
The
act empowers the appropriate government to fix the number of hours of work per
day.
·
To
provide for a weekly holiday and the payment of overtime wages of which minimum
rates of wages have been fixed under the act.
·
The
act lays down for appointment of inspectors and other authorities to hear and
decide claims arising out of payment of wages at less than the minimum rates of
wages or remuneration for days of rest of work done on such days or of overtime
wages.
·
The
act provides the procedure for dealing with complaints arising out of the
violation of the provisions of the act and for imposing penalties for offences
under the act.
1948: The Minimum Wages Act was eventually passed and
was effective from 15 March with minimum wages of Rs. 38/day. Under the act a tripartite
committee "The Tripartite Committee of Fair Wage” was appointed that set definitions and
guidelines for formulating a wage structure in India.
1988: Labour Minster’s Conference recommend the
necessity of an allowance that safeguards wages against inflation, called Variable
Dearness Allowance(VDA)
1994: The 9th Centre of Indian Trade Unions conference
along with insisting a minimum wage floor of Rs. 78.50/day.
1996: Government fixed the national minimum wage floor
at INR 35/day as per the recommendations of NCRL.
2009: The Central government de-linked MGNREGA’s (Mahatma Gandhi
National Rural Employment Guarantee Act) respective states' minimum wages were
now fixed at a uniform wage rate of Rs. 100/- under the scheme.
2015: From July 1, 2015 the National Floor Level of
Minimum Wage was raised to Rs 160 per day.
2015: On September 1, 2015 labourers in unorgainsed
sector supported to one-day nationwide general strike called by
central trade unions (CTUs). Later than Shri Bandaru Dattatreya, the Minister of
State for Labour and Employment, elaborated efforts of the Government
to address the issues and concerns of the Trade Unions for the welfare of
workers.
Note: If the norms are implemented
then the minimum wage would be not less than Rs 273/day which is
currently Rs 160 per day.
·
This
act provides various mechanism to settle Industrial disputes so as to avoid
(strikes and lockouts)
Features of the act:
·
Work’s Committee: Committee is must in every factory employing
more than 100 workers. This committee promotes good relations and unity between
employer (Boss) and employee (worker).
·
Conciliation Officer: These officers are appointed by state govt.
to settle disputes of companies.
·
Board of Conciliation: It consists
of board by the state govt. with independent chairmen and members for settling
disputes.
·
Court of Enquiry: It consists of state govt. representative to enquire the cause of
disputes.
·
Labour Court: State govt. has to appoint one person with
judicial experience to adjudicate the disputes.
·
Tribunal: The
state govt. has to appoint tribunal at the level of High Court Judge to look on
the matters like (Wages, Allowance, Work Hours, Bonus & Fund, Grades,
Discipline, Rules etc.).
·
National Tribunal: National tribunal is appointed by the
central govt. at level of High Court judge for the dispute of national
importance.
Employees State Insurance
·
This
act is enacted mainly to provide certain advantages to the employees, whenever
he/she is not able to report on duty due (illness, injury, accidents etc.)
Feature of Act:
·
Sickness Benefit: I the person is not fit for duty for more
than 50 days, he/she will be given the benefit.
·
Maternity Benefit: Periodical payment to be made to the women
for her maternity period.
·
Disablement Benefit: This benefit is given to the persons who are
injured and are suffering from temporary or permanent disablement.
·
Dependent Benefit: In case the person in the company accidently
dies, than the benefit will be given to the family members who were dependent on
victim.
·
Medical
Benefit: Medical care and treatment should provide free of charges to the
injured employees.
·
Funeral Benefit: Funeral expenditure should be given by the
company for the family of eldest surviving member on his recent death.
0 Comments