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Social Security & Labour Welfare BBA VI UNIT - I Industrial Relation MEANING & CONCEPT The term ‘Industrial Relations’ comprises of two terms: ‘Industry’ and ‘Relations’ “Industry” refers to “any productive activity in which an individual (or a group of individuals) is (are) engaged”. By “relations” we mean “the relationships that exist within the industry between the employer and his workmen.” The term industrial relations explains the relationship between employees and management which stem directly or indirectly from union-employer relationship. Industrial relations are the relationships between employees and employers within the organizational settings. The relationships which arise at and out of the workplace generally include the relationships between individual workers, the relationships between workers and their employer, the relationships between employers, the relationships employers and workers have with the organizations formed to promote their respective interests, and the relations between those organizations, at all levels The term industrial relations has a broad as well as a narrow outlook. Originally, industrial relations was broadly defined to include the relationships and interactions between employers and employees The relationships which arise at and out of the workplace generally include the relationships between individual workers, the relationships between workers and their employer, the relationships between employers, the relationships employers and workers have with the organizations formed to promote their respective interests, and the relations between those organizations, at all levels. industrial relations also includes the processes through which these relationships are expressed (such as, collective bargaining, workers’ participation in decision-making, and grievance and dispute settlement), and the management of conflict between employers, workers and trade unions, when it arises. DEFINITIONS The Industrial Relation relations also called as labor - management, employee employers relations. “Employer-employee relationships that are covered specifically under collective

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Page 1: Social Security & Labour Welfare BBA VI - · PDF fileSocial Security & Labour Welfare BBA VI UNIT - I Industrial Relation ... c. Marxist Approach APPROACHES TO IR Unitary Approach

Social Security & Labour Welfare

BBA VI

UNIT - I

Industrial Relation

MEANING & CONCEPT

The term ‘Industrial Relations’ comprises of two terms:

‘Industry’ and ‘Relations’

“Industry” refers to “any productive activity in which an individual (or a group of

individuals) is (are) engaged”.

By “relations” we mean “the relationships that exist within the industry between the

employer and his workmen.”

The term industrial relations explains the relationship between employees and

management which stem directly or indirectly from union-employer relationship.

Industrial relations are the relationships between employees and employers within the

organizational settings.

The relationships which arise at and out of the workplace generally include the

relationships between individual workers, the relationships between workers and their

employer, the relationships between employers, the relationships employers and

workers have with the organizations formed to promote their respective interests, and

the relations between those organizations, at all levels

The term industrial relations has a broad as well as a narrow outlook. Originally,

industrial relations was broadly defined to include the relationships and interactions

between employers and employees

The relationships which arise at and out of the workplace generally include the

relationships between individual workers, the relationships between workers and their

employer, the relationships between employers, the relationships employers and

workers have with the organizations formed to promote their respective interests, and

the relations between those organizations, at all levels. industrial relations also includes

the processes through which these relationships are expressed (such as, collective

bargaining, workers’ participation in decision-making, and grievance and dispute

settlement), and the management of conflict between employers, workers and trade

unions, when it arises.

DEFINITIONS

The Industrial Relation relations also called as labor - management, employee

employers relations.

“Employer-employee relationships that are covered specifically under collective

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bargaining and industrial relation laws”.

“Concerned with the systems, rules and procedures used by unions & employers to

determine the reward for effort & other conditions of employment.”

OBJECTIVES

a) To safeguard the interest of labor and management by securing the highest level of

mutual understanding and good-will among all those sections in the industry which

participate in the process of production.

b) To avoid industrial conflict or strife and develop harmonious relations,.

c) To raise productivity to a higher level in an aera of full employment by lessening the

tendency to high turnover and frequency absenteeism.

d) To improve the economic conditions of workers in the existing state of industrial

managements and political government

e) To Protect management and labor interests by securing mutual relations between

the two groups.

f) To Avoid disputes between management and labor, and create a harmonizing

relationship between the groups so productivity can be increased.

g) Ensure full employment and reduce absenteeism, hence, increasing productivity and

profits.

h) To Provide better wages and living conditions to labor, so misunderstandings

between management and labor are reduced to a minimum.

i) To bring about government control over plants where losses are running high, or

where products are produced in the public interest.

IMPORTANCE

a. Uninterrupted production

b. Reduction in Industrial Disputes

c. High morale

d. Mental Revolution

e. Reduced Wastage

f. Foster Industrial Peace

g. Promote Industrial Democracy

THREE ACTORS TO IR

a. EMPLOYEES

b. STATE

c. EMPLOYER

ROLE OF THREE ACTORS TO IR

Role of Employee:

a. To redress the bargaining advantage on one-on-on basis

b. To secure better terms and conditions for their members

c. To obtain improved status for the worker in his/her work

d. To increase implementation of democratic way of decision making at various

levels

Role of Employers

a. Creating and sustaining employee motivation

b. Ensuring commitment from employees

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c. Negotiating terms and conditions of employment with TU leaders

d. Sharing decision making with employees

Role of State:

a. Labor policies

b. Labor laws

c. Industrial tribunals

d. Wage boards

e. Industrial relations policy

CAUSES FOR POOR IR

The main reasons are as follows:

a. An attitude of contempt towards the workers on the part of the management.

b. Inadequate fixation of wages or improper wage structure.

c. Indiscipline

d. Unhealthy working conditions at the workplace.

e. Lack of human relations skills on the part of supervisors and managers.

f. Desire of workers for higher bonus, wages or daily allowances.

g. Desire of employers to pay as little as possible to its workers.

h. Inadequate welfare facilities.

i. Dispute on sharing the gains of productivity.

j. Retrenchment, dismissal and lockouts by the management.

k. Strikes by the workers.

l. Inter-union rivals.

m. General economic and political environment such as rising prices, strikes by others

and general indiscipline having their effect on the employees attitudes.

n. Mental inertia on the part of the management.

DEVELOPING SOUND IR

a. Developing trust between Labor & Management

b. Maintenance of Industrial Peace

c. Continuous feedback & monitoring

d. Professional approach

e. Existence of sound, democratic TU

CODE OF DISCIPLINE

a. It specifies various obligations for the management and the workers with the

objective of promoting cooperation between their representatives.

b. To maintain harmonious relations and promote industrial peace, a Code of

Discipline has been laid down which applies to both public and private sector

enterprises

OBJECTIVES OF CODE OF DISCIPLINE

a. Maintain peace and order in industry.

b. Promote constructive criticism at all levels of management and employment.

c. Avoid work stoppage in industry.

d. Secure the settlement of disputes and grievances by a mutually agreed

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procedure.

e. Avoiding litigation.

f. Facilitate a free growth of trade unions.

g. Eliminate all forms of coercion, intimidation and violations of rules and

regulations governing industrial relations.

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PRINCIPALS OF CODE OF DISCIPLINE

a. There should be no strike or lockout without prior notice.

b. No unilateral action should be taken in connection with any industrial matter.

c. Employees should not follow go slow tactic.

d. No deliberate damage should be caused to a plant or property

e. Acts of violations, intimidation and coercion should not be resorted

f. The existing machinery for the settlement of disputes should be utilized.

g. Actions that disturb cordial relationships should be avoided.

h. Approaches to IR

There are mainly three approaches to IR

a. Unitary approach

b. Pluralistic Approach

c. Marxist Approach

APPROACHES TO IR

Unitary Approach

a. IR is grounded in mutual co-operation, individual treatment, team work and

shared goals.

b. Union co-operate with the mgt. & the mgt.’s right to manage is accepted

because there is no ‘ we they feeling’

c. Assumption: Common interest & promotion of harmony No strikes are there.

d. It’s a reactive IR strategy.

e. They seek direct negotiations with employees.

Pluralistic Approach

It perceives:

a. Org. as a coalitions of competing interest.

b. TU as legitimate representatives of employee interests.

c. Stability in IR as the product of concessions and compromises between mgt. &

unions.

d. Conflict between Mgt. and workers is understood as inevitable.

e. Conflict is viewed as conducive for innovation and growth.

f. Strong union is necessary.

Marxist Approach

a. Regard conflict as Pluralists…

b. Marxists see conflict as a product of the capitalist society.

c. Conflict arises due to the division in the society between those who own

resources and those who have only labor to offer.

d. For Marxist all strikes are political.

e. He regard state intervention via legislation & the creation of Industrial tribunals

as supporting mgt’s interest rather than ensuring a balance between the

competing groups.

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UNIT II

Objectives Of Trade Unions

Trade unions are formed to protect and promote the interests of their members. Their primary

function is to protect the interests of workers against discrimination and unfair labor practices.

Trade unions are formed to achieve the following objectives:

· Representation

Trade unions represent individual workers when they have a problem at work. If an employee

feels he is being unfairly treated, he can ask the union representative to help sort out the

difficulty with the manager or employer. Unions also offer their members legal representation.

Normally this is to help people get financial compensation for work-related injuries or to assist

people who have to take their employer to court.

Negotiation

Negotiation is where union representatives, discuss with management, the issues which affect

people working in an organization. There may be a difference of opinion between management

and union members. Trade unions negotiate with the employers to find out a solution to these

differences. Pay, working hours, holidays and changes to working practices are the sorts of

issues that are negotiated. In many workplaces there is a formal agreement between the union

and the company which states that the union has the right to negotiate with the employer. In

these organizations, unions are said to be recognized for collective bargaining purposes.

Voice in decisions affecting workers

The economic security of employees is determined not only by the level of wages and duration

of their employment, but also by the management’s personal policies which include selection

of employees for lay offs, retrenchment, promotion and transfer. These policies directly affect

workers. The evaluation criteria for such decisions may not be fair. So, the intervention of

unions in such decision making is a way through which workers can have their say in the

decision making to safeguard their interests.

Member services

During the last few years, trade unions have increased the range of services they offer their

members. These include:

o Education and training - Most unions run training courses for their members on employment

rights, health and safety and other issues. Some unions also help members who have left school

with little education by offering courses on basic skills and courses leading to professional

qualifications.

o Legal assistance - As well as offering legal advice on employment issues, some unions give

help with personal matters, like housing, wills and debt.

o Financial discounts - People can get discounts on mortgages, insurance and loans from

unions.

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o Welfare benefits - One of the earliest functions of trade unions was to look after members

who hit hard times. Some of the older unions offer financial help to their members when they

are sick or unemployed.

Functions Of Trade Unions

Trade unions perform a number of functions in order to achieve the objectives. These functions

can be broadly classified into three categories:

(i) Militant functions,

(ii) Fraternal functions

Militant Functions

One set of activities performed by trade unions leads to the betterment of the position of their

members in relation to their employment. The aim of such activities is to ensure adequate

wages, secure better conditions of work and employment, get better treatment from employers,

etc. When the unions fail to accomplish these aims by the method of collective bargaining and

negotiations, they adopt an approach and put up a fight with the management in the form of go-

slow tactics, strike, boycott, gherao, etc. Hence, these functions of the trade unions are known

as militant or fighting functions. Thus, the militant functions of trade unions can be summed up

as:

To achieve higher wages and better working conditions

To raise the status of workers as a part of industry

To protect labors against victimization and injustice

Fraternal Functions

Another set of activities performed by trade unions aims at rendering help to its members in

times of need, and improving their efficiency. Trade unions try to foster a spirit of cooperation

and promote friendly industrial relations and diffuse education and culture among their

members. They take up welfare measures for improving the morale of workers and generate

self confidence among them. They also arrange for legal assistance to its members, if

necessary. Besides, these, they undertake many welfare measures for their members, e.g.,

school for the education of children, library, reading-rooms, in-door and out-door games, and

other recreational facilities. Some trade unions even undertake publication of some magazine

or journal. These activities, which may be called fraternal functions, depend on the availability

of funds, which the unions raise by subscription from members and donations from outsiders,

and also on their competent and enlightened leadership. Thus, the fraternal functions of trade

unions can be summed up as:

To take up welfare measures for improving the morale of workers

To generate self confidence among workers

To encourage sincerity and discipline among workers

To provide opportunities for promotion and growth

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To protect women workers against discrimination

Importance Of Trade Unions

The existence of a strong and recognized trade union is a pre-requisite to industrial peace.

Decisions taken through the process of collective bargaining and negotiations between

employer and unions are more influential. Trade unions play an important role and are helpful

in effective communication between the workers and the management. They provide the advice

and support to ensure that the differences of opinion do not turn into major conflicts. The

central function of a trade union is to represent people at work. But they also have a wider role

in protecting their interests. They also play an important educational role, organizing courses

for their members on a wide range of matters. Seeking a healthy and safe working environment

is also prominent feature of union activity.

Trade unions help in accelerated pace of economic development in many ways as follows:

by helping in the recruitment and selection of workers.

by inculcating discipline among the workforce

by enabling settlement of industrial disputes in a rational manner

by helping social adjustments.

Workers have to adjust themselves to the new working conditions, the new rules and policies.

Workers coming from different backgrounds may become disorganized, unsatisfied and

frustrated. Unions help them in such adjustment. Trade unions are a part of society and as such,

have to take into consideration the national integration as well. Some important social

responsibilities of trade unions include:

promoting and maintaining national integration by reducing the number of industrial disputes

incorporating a sense of corporate social responsibility in workers

achieving industrial peace

Reasons for Joining Trade Unions

The important forces that make the employees join a union are as follows:

1. Greater Bargaining Power

The individual employee possesses very little bargaining power as compared to that of his

employer. If he is not satisfied with the wage and other conditions of employment, he can leave

the job. It is not practicable to continually resign from one job after another when he is

dissatisfied. This imposes a great financial and emotional burden upon the worker. The better

course for him is to join a union that can take concerted action against the employer. The threat

or actuality of a strike by a union is a powerful tool that often causes the employer to accept the

demands of the workers for better conditions of employment.

2. Minimize Discrimination

The decisions regarding pay, work, transfer, promotion, etc. are highly subjective in nature.

The personal relationships existing between the supervisor and each of his subordinates may

influence the management. Thus, there are chances of favoritisms and discriminations. A trade

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union can compel the management to formulate personnel policies that press for equality of

treatment to the workers. All the labor decisions of the management are under close scrutiny of

the labor union. This has the effect of minimizing favoritism and discrimination.

3. Sense of Security

The employees may join the unions because of their belief that it is an effective way to secure

adequate protection from various types of hazards and income insecurity such as accident,

injury, illness, unemployment, etc. The trade union secure retirement benefits of the workers

and compel the management to invest in welfare services for the benefit of the workers.

4. Sense of Participation

The employees can participate in management of matters affecting their interests only if they

join trade unions. They can influence the decisions that are taken as a result of collective

bargaining between the union and the management.

5. Sense of Belongingness

Many employees join a union because their co-workers are the members of the union. At times,

an employee joins a union under group pressure; if he does not, he often has a very difficult

time at work. On the other hand, those who are members of a union feel that they gain respect

in the eyes of their fellow workers. They can also discuss their problem with’ the trade union

leaders.

6. Platform for self expression

The desire for self-expression is a fundamental human drive for most people. All of us wish to

share our feelings, ideas and opinions with others. Similarly the workers also want the

management to listen to them. A trade union provides such a forum where the feelings, ideas

and opinions of the workers could be discussed. It can also transmit the feelings, ideas,

opinions and complaints of the workers to the management. The collective voice of the

workers is heard by the management and give due consideration while taking policy decisions

by the management.

7. Betterment of relationships

Another reason for employees joining unions is that employees feel that unions can fulfill the

important need for adequate machinery for proper maintenance of employer-employee

relations. Unions help in betterment of industrial relations among management and workers by

solving the problems peacefully.

Trade Unionism in India

The trade unionism in India developed quite slowly as compared to the western nations. Indian

trade union movement can be divided into three phases.

The first phase (1850 to1900)

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During this phase the inception of trade unions took place. During this period, the working and

living conditions of the labor were poor and their working hours were long. Capitalists were

only interested in their productivity and profitability. In addition, the wages were also low and

general economic conditions were poor in industries. In order to regulate the working hours

and other service conditions of the Indian textile laborers, the Indian Factories Act was enacted

in 1881. As a result, employment of child labor was prohibited.

The growth of trade union movement was slow in this phase and later on the Indian Factory Act

of 1881 was amended in 1891. Many strikes took place in the two decades following 1880 in

all industrial cities. These strikes taught workers to understand the power of united action even

though there was no union in real terms. Small associations like Bombay Mill-Hands

Association came up by this time.

The second phase (1900 to 1946)

This phase was characterized by the development of organized trade unions and political

movements of the working class. Between 1918 and 1923, many unions came into existence in

the country. At Ahmedabad, under the guidance of Mahatma Gandhi, occupational unions like

spinners’ unions and weavers’ unions were formed. A strike was launched by these unions

under the leadership of Mahatma Gandhi who turned it into a satyagrah. These unions

federated into industrial union known as Textile Labor Association in 1920.In 1920, the First

National Trade union organization (The All India Trade Union Congress (AITUC)) was

established. Many of the leaders of this organization were leaders of the national Movement. In

1926, Trade union law came up with the efforts of Mr. N N Joshi that became operative from

1927. During 1928, All India Trade Union Federation (AITUF) was formed.

The third phase began with the emergence of independent India (in 1947). The partition of

country affected the trade union movement particularly Bengal and Punjab. By 1949, four

central trade union organizations were functioning in the country:

1.The All India Trade Union Congress,

2.The Indian National Trade Union Congress,

3.The Hindu Mazdoor Sangh, and

4.The United Trade Union Congress

The working class movement was also politicized along the lines of political parties. For instance

Indian national trade Union Congress (INTUC) is the trade union arm of the Congress Party.

The AITUC is the trade union arm of the Communist Party of India. Besides workers, white-

collar employees, supervisors and managers are also organized by the trade unions, as for

example in the Banking, Insurance and Petroleum industries.

Trade unions in India

The Indian workforce consists of 430 million workers, growing 2% annually. The Indian labor

markets consist of three sectors:

1.The rural workers, who constitute about 60 per cent of the workforce.

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2.Organized sector, which employs 8 per cent of workforce, and

3.The urban informal sector (which includes the growing software industry and other services,

not included in the formal sector) which constitutes the rest 32 per cent of the workforce.

At present there are twelve Central Trade Union Organizations in India:

1.All India Trade Union Congress (AITUC)

2.Bharatiya Mazdoor Sangh (BMS)

3.Centre of Indian Trade Unions (CITU)

4.Hind Mazdoor Kisan Panchayat (HMKP)

5.Hind Mazdoor Sabha (HMS)

6.Indian Federation of Free Trade Unions (IFFTU)

7.Indian National Trade Union Congress (INTUC)

8.National Front of Indian Trade Unions (NFITU)

9.National Labor Organization (NLO)

10. Trade Unions Co-ordination Centre (TUCC)

11. United Trade Union Congress (UTUC) and

12. United Trade Union Congress - Lenin Sarani (UTUC - LS)

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Industrial Employment Standing Order Act,1946.

Introduction & Definition

To avoid friction amongst the employers and workmen employed in an industry is the

principal aim of Indian Legislation in India.

It was considered that the society had a vital interest in the settlement of terms of

employment of Industrial Labor and also settlement of Labor problems.

Therefore, the steps were taken by the Central Government to enact Industrial

Employment (Standing Orders) Act, 1946 with a view to afford protection to the

workmen with regard to conditions of employment.

Definition under the Act (Sec.2)

“Standing Orders” mean rules relating to matters set out in the Schedule to the Act

[Sec.2(g)] to be covered and in respect of which the employer has to draft for submission to

the Certifying Officer, are matters specified in the Schedule.

Objective of the Act

The purpose of having Standing Orders at the plant level and other commercial

establishments is to regulate industrial relations.

This Orders regulate the conditions of employment, grievances, misconduct etc. of

the workers employed in industrial undertakings.

Unsolved grievances can become industrial disputes.

Model Standing Orders

Classification of Workers

Publication of Work Time, Holidays, Pay Days and Wage Rates

Shift Working

Attendance and Late Coming

Leave and Holidays

Casual Leave

Payment of Wages

Stoppage of Work

Termination of Employment

Disciplinary Action for Misconduct

Suspension

Dismissal

Complaints

Procedure for the Approval of Standing Orders

The main provision that deal for the approval of Standing Orders are:

Procedure for the submission of Draft Standing Orders

Procedure for the Conditions for Certification of Standing Orders [Section4].

Procedure for Certification of Standing Orders (Procedure for Adoption) [Section 5].

Appeals [Section 6].

Procedure for the submission of Draft Standing Orders

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Within 6 months from the date on which this Act becomes applicable to industrial

establishment, the employer shall submit to the Certifying Officer 5 copies of the draft

standing orders proposed by him.

Provision shall have to be made as such every matter set out in the Schedule which may be

applicable to the industrial establishment and were model standing orders have been

prescribed.

Subject to such conditions as may be prescribed, a group of employers in similar industrial

establishments may submit a join draft or standing orders under this section.

Procedure for the Conditions for Certification of Standing Orders

The standing order to be certified by the certifying officer under certain conditions:

If provision is made therein for every matter set out in the schedule which is applicable to

the Industrial Establishment; and

If the standing orders are otherwise in conformity with the provision of this Act and it shall

be the function of the Certifying Officer or appellate authority to reasonableness of the

provision of any standing orders.

Procedure for Certification of Standing Orders (Procedure for Adoption)

The Certifying officer receipt of the draft Standing Orders from the employer shall

forward a copy of the draft standing orders to the recognized trade union of the

establishment seeking submission of objection to draft standing orders if any.

The standing orders came into operation on the expiry of 30 days from the date on which

the authenticated copies of the standing orders are forwarded to the employer and the

workmen by the certifying officer.

The conditions of employment, which will be binding on the employer and the workmen

from the date when they become operational.

Appeal of Standing Orders

Any employer, workmen, trade union or other prescribed representatives of workmen

aggrieved by the order of the Certifying Officer may appeal to the appellate authority

within 30 days from the date on which copies are to be sent to them.

The appellate authority may confirm the standing orders as certified, or may make

modifications or additions to render them certifiable and it has to send copies of the same

to the concerned person within 7 days of the order[Sec. 7].

Modification of Standing Orders

Standing Order finally certified under the Act shall not, except on agreement between the

employers and the workmen or their Trade Union be liable to modification until the expiry

of 6 months from the date on which the standing orders came into operation.

Subject to the provision of sub-section (1), an employer or workman or a trade union or

other representative body of the workmen may apply to the Certifying Officer to have the

standing orders modified, and such application shall be accompanied by 5 copies of the

modifications proposed to be made.

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CERTIFYING OFFICER

Definition:-

The “certifying officer” under standing order act means Regional Labor

Commissioner, Labor Commissioner or other officer appointed by the appropriate

government by the notification in the Official Gazette, to perform all or any of the

functions of certifying officer under Act.

Powers of Certifying Officer:-

Every Certifying Officer and appellate authority shall have all the powers of Civil Court

for he purpose of:

Receiving Evidence,

Administering oaths,

Enforcing the attendance of witness, and

Compelling the discovery and production of documents.

Payment of Subsistence Allowance

Where any workmen is suspended by the employer pending investigation or inquiry into

complaints or charge of misconduct against him, the employer shall pay to such workmen

subsistence allowance:

At the rate of 50% of the wages which the employer is entitled to immediately preceding

the date of such suspension, for the 90 days of suspension; and

At the rate of 70% of such wages for the remaining period of suspension.

Offences and Penalties

An employer fails to submit the draft Standing Orders as required by Section 3 or who

modified his standing orders otherwise with sec.10 shall be punishable with fine which may

extend to Rs.5000 and in case of continuing offence with a further fine of Rs.200 for every

day after the first during which the offence continues.

An employer who does not act in contravention of the standing orders finally certified

under this act for industrial establishment shall be punishable with fine which may extend

to Rs.100 and in case of continuous offence with further fine of Rs.25 every day after the

first during which the offence continues.

No persecution for any offence punishable under this section 13 shall be instituted except

with the previous sanction of the appropriate government. It can be tried only in the Court

of a presidency magistrate or the second class magistrate.

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INDUSTRIAL DISPUTE ACT 1947

Definition

The industrial dispute means any dispute or difference between:-

(i) Employers and employers

(ii) Employers and Workmen or

(iii) Workmen and workmen, which is connected with

Industrial disputes may be said to be disagreement or controversy between management

and labor with respect to wages, working conditions, other employment matters or union

recognition.

Industry

Objective

Types Of ID’s

Authority

Prohibition of strikes and lock-outs

According to SEC 22 (1) No person employed with a public utility service shall go on

strike in breach of contract – Without giving the employer notice of strike, within six

weeks before the strike. Before the expiry of date of strike specified in such notice.

According to SEC 23; No employee of any industrial establishment shall go on strike

during the period when proceedings in any disputes case is going on or when final

judgment is awaited .

INDUSTRIAL DISPUTE RESOLUTION MECHANISM

Settlement Without State Intervention

There are two ways in which the basic parties to an industrial dispute- the employer

and the employees- can settle their disputes.

* Collective bargaining

* Voluntary arbitration

Settlement Under the Influence of the State

Voluntary Arbitration

It is commonly viewed as less expensive and faster than resolving a dispute in court.

An arbitrator may be a single person or a panel.

Sometimes, however, the parties may agree to submit the dispute to an arbitrator but

at the same time, reserve their right to accept or reject the award when it comes.

Labor Courts and the Tribunal can be established both by the central and state

governments, but the National Tribunal is setup only by the central government.

National Tribunal is set up to adjudicate such disputes which involve any question of

national importance or are of such a nature that industrial establishments situated in

more than one state are likely to be interested in or affected by them.

Introduction

The Labor Court adjudicates disputes relating to the propriety or legality of an order

passed by the employer under this standing orders, discharge or dismissal of

workmen, legality or otherwise of a strike or lock-out.

The Tribunal and National Tribunal generally deal with such subject matters as

wages, bonus, profit-sharing, rationalization, allowances, hours of work, provident

fund, gratuity etc.

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Strikes and lock-outs are prohibited during the pendency of the proceedings before

any of the adjudication authorities, and two months after the conclusion of such

proceedings and during any period in which the award is in operation, in respect of

any matter covered by the award.

Other Tripartite Bodies at the State Level

Amongst the important tri partite committees functioning in the states are:

Implementation and Evaluation Committees

Committees for particular industries

Labor Welfare Boards or Committees

Some of these are permanent, while others are constituted as and when required.

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UNIT III

The Employees' State Insurance Act, 1948

Preliminary

Object of the act:

To provide for certain benefits to employees in case of sickness, maternity and injury

during employment and to make provision for certain other matters in relation thereto.

Preliminary

Applicability of the Act:

All factories

Shops employing 20 or more persons.

Such other Govt. specified establishments.

Act does not apply to:

Seasonal factories engaged exclusively in any of the activities like: cotton ginning, cotton or

jute pressing, decoration of ground nuts, manufacturing coffee, indigo, lac, rubber, sugar,

or tea or any manufacturing process incidental to or connected with any of the afore said

activities, and including factories engaged for a period not exceeding seven months in a

year in blending, packing or repackaging tea or coffee, or in such other processes as may be

specified by the central govt.

The factories exempted as seasonal from the provisions of the act.

Act does not apply to:

Mines

Railway running sheds

Govt. factories or establishments and Indian naval, military, or air force

Other Govt. notified exempted establishments

ACT AUTHORISATION

1. To Promote and measure for health and welfare of INSURED EMPLOYEES (IE)

2. Intervene for the rehabilitation and re-employment for disabled / injured

3. To appoint inspectors for purposed of the act

4. To determine the amount of contribution and relevant verification

Standing committee

empowered to-

1. Shall administer the affair of the corporation

2. Shall submit the consideration and decision of the corporations

3. Have discretion on other issues of corporation

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Medical Benefit Council

1. Advise to administration on Medical Benefit, purpose of grants and related matter

2. Have power and duties of INVESTIGATION on Empanelled Medical practitioner, its

treatment and attendance

3. Perform other duties

Inspectors- Duties- Powers

Duties -

1. Inquiring into the correctness in any return of contribution

2. Ascertaining Provision of the Act has been complied

3. Other authorized / specified duties by the corporation.

Powers -

1. To collect require and relevant information of employer / contractor or both

2. To enter org / contractor premises at reasonable time and examined relevant account

books and relevant documents, payment of wages etc.

3. To examine employer, contractor, his agent / servant or IE in factory / office

4. To make copies of extracts from any registrar, account books and other books of

maintenance of org.

Employees’ State Insurance Corporation (Sec3)

A statutory body known as the ESI Corporation has been created under the Act to

administer and execute the ESI scheme. The ESI corporation is a body corporate having

perpetual succession and a common seal.

-separate legal entity

Jhansi Co-operative oil mills v Manoharlal AIR 1975 All 492 held a decree or award

made against the corporate body ie ESI Corpn is not enforceable against the individual

members but against the assets of the corporate body.

Constitution of the Corporation (Sec 4)

The ESI Corporation shall consist of the following members:

(i) a Chairman, a Vice Chairman and not more than 5 persons to be appointed by the

Central Government.

(ii)1 persons each representing each of the state in which the Act is in force to be appointed

by the State Govt.

(iii) 1 person representing Union Territories to be appointed by the Central Govt.

(iv) 10 persons representing employers to be appointed by the Central Govt in consultation

with

such organisation of employees as may be recognised for the purpose by the Central Govt.

(v)10 persons representing the employees to be appointed by the Central Govt in

consultation with such organisation of employees as may be recognised for the purpose by

the Central Govt.

(vi) 2 persons representing medical profession.

(vii) 3 persons from the Parliament. (2 from LS and 01 from the RS elected by LS

& RS respectively)

(viii) The Director General of the ESI Corporation shall be ex- officio member of the ESI

Corporation.

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Powers of the ESI Corporation

1. Employment of the Staff Sec 17

2. Promotion of the measures of the health & welfare Sec 19

3. Holding of the property Sec 29

4. Appointment of the Inspectors Sec 45

5. Determination of Contribution Sec 45A

6. Authentication of orders and decisions Sec 7

Duties of the ESI corporation

1. Budget Estimates Sec 34

2. Accounts Sec 33

3. Audit Sec 34

4. Annual Report of the work and activities Sec 35

5. Valuation of the assets and Liabilities Sec 37 at intervals of 5 years made by a valuer

appointed with the approval of the Central Govt.

6. Placement before Parliament Sec 36 - the annual report, audited accounts and budget to

be placed in Parliament and published in official gazette.

Employer/ Employee’s Contribution

It is the principle employer’s responsibility to deposit his own as well as employee’s

contribution in respect of all employees including the contract labour, into the E.S.I.

Account. Non-availability of funds cannot be a ground for non-payment of contributions

under the act. There is no provision to waive the contribution, damages and interest

The employer is required to contribute at the rate of 4.75% of the wages paid/ payable in

respect of every wage period. The employees are also required to contribute at the rate of

1.75% of their wages except when the “average daily wages in a wage period” are equal to

or less than Rs.70.

Employer/ Employee’s Contribution

The employer should get his factory or establishments registered with the E.S.I.

Corporation within 15 days after the Act becoming applicable to it, and obtain the

employer’s Code Number. The regional officer will allot a code number to the employer,

which must be quoted in all documents and correspondence.

Benefits available to insured employee

The purpose of the Employee State Insurance Act is to provide benefits as detailed in the

Act particularly in section 46, to the insured persons or their dependants.

The following benefits are provided under section 46.

Sickness benefit

Maternity benefit

Disablement benefit

Dependents benefit

Medical benefit

Funeral expenses

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Sickness benefit

Every insured employee is entitled to the cash benefit for the period of sickness certified by

a duly appointed medical practitioner if the contributions in respect of him were payable

for not less than 78 days in the corresponding contribution period.

Cash benefit takes the form of periodical payment made to an insured person which is

payable for maximum numbers of 91 days in any two consecutive benefit periods. The

benefit is not paid for the first two days of sickness which is treated as the waiting period.

Insured persons suffering from long term diseases like T.B., leprosy, mental, heart etc. and

who have been continuous employment for two years are entitled to get sickness benefit

period up to 309 days.

Maternity benefit

A periodical cash benefit is payable to an insured woman employee, in cash of confinement,

miscarriage, medical termination of pregnancy, premature birth of a child or sickness

arising from pregnancy etc.

If the contributions in respect of her were payable for at least 70days in the two

immediately preceding contribution periods

The benefit is payable of twice the standard benefit rate or Rs.20, whichever is higher for

all days on which she does not work during the prescribed period.

Disablement benefit

It is payable to an employee who is injured in the course of his employment and is

permanently or temporarily disabled or contacts any occupational disease.

A person who sustains temporary disablement for not less than 3days(excluding the day of

accident) shall be entitled to periodical payment as may be prescribed by the central govt.

The benefit of temporary disablement is, however, not payable for any day on which the

employee works, remains on lease, holiday or strike in respect of which he receives wages.

Dependents benefit

If any employee dies during any period for which he is entitled to a cash benefit, the

amount of such benefit shall be payable up to & including the day of his death.

The amount of benefit shall be paid to the nominee or, where there is no nomination, to the

heir or legal representative of the deceased employee.

Medical benefit

An insured person or a member of his family whose condition requires medical treatment

and attendance entitled to receive medical benefit.

Rs.250 on account of confinement expenses shall be paid to an insured person or his wife if

confinement occurs at a place where necessary medical facilities under E.S.i.C. schemes are

not available.

Employer not to dismiss or punish employee during period of sickness- section73.

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Funeral Expenses

If an insured employee dies, the eldest serving member of his family is entitled to

reimbursement of such expenditure subject to maximum of Rs. 10000.

The claim for the funeral expenses should be submitted with prescribed document and

form within three months of the death of the insured employee.

Adjudication of dispute & claims

Employees Insurance Court

Institutions of proceedings, etc.

Powers of employees’ Insurance Court

Reference to High Court

Appeal

Stay of payment during pending of appeal

Offences and penalties

Punishment for false statement:- In this case any false statement or false representation,

shall be punishable with imprisonment up to Rs.2000 or with both

Punishment for failure to pay contributions:- if any person fails to pay any contribution

which under to this act he is liable to pay, he shall be punishable with imprisonment up to

three years.

Punishment for other contravention:- in contraventions like dismisses, discharges, reduces

or otherwise punishes an employee, shall be punishable with imprisonment up to one year

or with fine up to Rs.4000 or with both

Offences and penalties

Power to recover damages:- If employer fails to pay the amount of contribution then

corporation may recover from the employer by way of penalty.

Power of court to make orders:- If court makes order for employer- if employer is not able

to make this order within period then employer shall be punishable with imprisonment in

respect thereof U/S.85 and shall also be liable to pay fine up to Rs.1000 for every day.

Miscellaneous Provisions

Exemption of a factory or establishment (sec.87)

Exemption may be granted to any factory or establishment for maximum period of one

year.

Any exemption granted shall be notified by the notification in the Official Gazette.

The appropriate Govt. while granting exemption can improve any terms and conditions

upon the factory/establishment.

If required any exemption can be renewed for max. one year

Before granting any exemption Corp. must be given opportunity to make representation

which has to be considered by the Govt.

Exemption of persons or class of persons (sec.88)

App. Govt. is authorized to exempt any person or class of person from the operation of the

act

Any exemption granted shall be notified by the notification in the Official Gazette.

Such person or class of persons must be working in a factory/establishment

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Any exemption granted shall be accompanied with such conditions as the appropriate

Govt. may think fit to impose

Exemption of a factory or establishment belonging to Govt./any local authority

App.Govt. must consult the Corporation

Any exemption granted shall be notified by the notification in the Official Gazette.

Exemptions shall always be subj. to the conditions imposed by the Govt.

Exemptions shall always be in order only if the employees in any such

factory/establishment are already in receipt of benefits substantially similar or superior to

the benefits provided under this act.

Exemption from one or more provisions of the act (sec.91)

Exemption may be granted to any factory or establishment or any person or class of

person by App.Govt.

Any exemption granted shall be notified by the notification in the Official Gazette.

Any exemption granted under the sec.87,88,90 or 91 in respect of any person or class of

person may be enforced either prospectively or retrospectively the date of its enforcement

has to be specified (sec.91-A)

Obligation of the Employers …

1). Get your Factory / establishment registered with in 15 days after the Act becomes

applicable. Submit Form 01 to the Regional office for this purpose. Obtain Employer’s

code No. for use in all ESIC Forms / documents and correspondence with the offices of

the ESI Corporation.

2). Fill up Declaration Forms in respect of all coverable employees and submit the same to

the Regional Office/ Local Office of the corporation well before the ‘Appointed Day’

and obtain insurance Numbers from the concerned Local Office/ Regional Office, In

respect of newly appointed employees, fill up the declaration form soon after

appointment of such employees and submit the same to the Local Office Concerned.

Obligation of the Employers …

3). Pending receipt of identity cards/ identity certificates you may issue “certificate of

employment” in Form 86 to the covered employee(s) enabling them to avail

cash/medical Benefits

4). Pay ESI contribution (Employee's Share @4.75% and the Employer’s share @ 1.75% of

the wages) with in 21 days of the month following, in which the wages fall due.

5).Maintain an Accident Book as prescribed under the Factory Act / ESI Act.

Obligation of the Employers …

6).Submit an Accident Report to the Local Office / ESI Dispensary concerned immediately

in respect of accidents that could result in death or disablement and within 24 hours of

its occurrence otherwise. Minor accidents which do not cause absence from work need

not be reported

7).Grant leave to insured employees on the basis of sickness certificates issued by any

authorized ESI doctor.

Employee State Insurance Scheme ???

Mission Statement :

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To provide for certain benefits to Employees in case of Sickness, Maternity and

Employment Injury and to make provisions for Related Matters.

The ESI Scheme is an integrated measure of “Social Insurance” come to the life through

the Employees' State Insurance Act - 1948, and is designed to complete the task of

protecting “Employees” as defined in the ESI Act – 1948, against the hazards of Sickness,

Maternity, Disablement or Death due to Employment injury and to provide full Medical

care to insured persons and their families.

ESI Scheme Today (As on 31st March 2010)

Coverage in India:

No. of States/UTs covered:- 29

No. of implemented centers:- 787

No. of Employees:- 1.39 crores

No. of Insured Persons/Family units:- 1.43 crores

No. Insured women:- 26.00 lakhs

No. of Beneficiaries:- 5.55 crores

No. of Employers covered:- 4.06 lakhs

Infrastructure in India:

o No. of Regional/Sub-Regional/Divl. Offices:- 52

o No. of Branch/Pay offices:- 798

o No. of ESI Hospitals:- 148

o No. of Hospital Annexes:- 42

o Total No. of Hospital Beds:- 27,739

o No. of ESI dispensaries:- 1388

o No. of IMOs/IMPs/Specialists etc.:- 8925

o No. of Para-medical staff:- 45000

At an average the ESI Corporation makes 40 lacs individual payments each year

amounting to about Rs. 300 crores through its wide spread network of branch Offices in

implemented areas.

Applicability of the ESI Act:

Under Section 2(12) The Act is applicable to the “Factories” employing 10 (Ten) or more

persons irrespective of whether power is used in the process of manufacturing or not.

Under Section 1(5) of the Act, the Scheme has been extended to Shops, Hotels, Restaurants,

Cinemas including preview Theatre, Road motor transport undertakings and Newspaper

establishment employing 20 (Twenty) or more persons.

Further, u/s 1(5) of the Act, the Scheme has been extended to Private Medical Institution

and Educational Institutions employing 20 (Twenty) or more persons in certain States .

The existing wage-limit for coverage under the Act, is Rs. 15,000/- per month (excluding

remuneration for overtime) w. e. f:- May 01, 2010.

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AREAS COVERED

The ESI Act is applicable across the length and breadth of the India.

ESI Contribution Share:

Contribution Deposit & Due Date:

The amount of contribution (Employee’s and Employer’s share) is to be deposited with the

authorized bank (State Bank Of India) through Online Generated Challan, on or before

21st day of the Succeeding month, of month following the calendar month.

Contribution can also be submitted Online, by selecting Online Payment Option during

Payment of the contribution, the process will take you the Payment page of SBI corporate

banking login to complete the payment & same will be competed in few minutes.

If the employee is drawing upto Rs.70/- as daily average wage, he is exempt from the

payment of his share of contribution. The employer is however to pay employer's share of

4.75% of the salary received by the employee.

The State Govt. bears one-eight share of expenditure on medical benefits with in the per

capita ceiling of Rs. 1200/- per I.P. family per annum & all additional expenditure beyond

the ceiling.

Contribution & Benefit Period:

Employers covered under the Act, are required to Pay the Contribution towards the

scheme on a Monthly basis. There are two contribution periods each of Six months and two

corresponding benefit periods also of Six months duration as under.

Contribution Period Benefit Period

1st April to 30

th Sep. 1

st Jan to 30

th June

(of the following year )

1st Oct to 31

st March 1

st July to 31

st Dec.

** At an average the ESI Corporation makes 40 lacs individual payments each year

amounting to about Rs. 300 crores as cash benefits.

Social Security Benefits of ESIC:

The following benefits are provided under section 46.

a. Medical benefit

b. Sickness benefit

c. Maternity benefit

d. Disablement benefit

e. Dependents benefit

f. Funeral expenses

g. Others Benefits

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Medical Benefits

The ESI Scheme provides full range of Medical Care to all Insured person and thier family,

through a network of ESI Dispensaries, Hospitals & Panel Clinics, Diagnostic Centers &

Super Speciality.

Super-Speciality treatment such as:- Open Heart Surgery, Neuro Surgery, Bone Marrow

Transplant, Kidney Transplant or specialized investigations like CAT scan, MRI,

Angiography etc.

Eligibility for MB:- An employee who is covered under the Scheme for the first time is

eligible for medical care for a period of three months. If employee contributes atleast for 78

days in a contribution period the eligibility is there upto the end of the corresponding

benefit period.

Claim form under ESI Act:- Form - 09

Sickness Benefits:

Sickness Benefits represents periodical cash payments made to an IP during the period of

certified sickness occurring in a benefit period when IP requires medical treatment and

attendance with abstention from work on medical grounds.

Eligibility for SB:- Minimum 78 days contribution in one contribution period.

The daily rate of Sickness Benefit is 50% of the daily wages.

Max. Duration:- Maximum period of 91 days in any two consecutive benefit periods.

Claim form under ESI Act:- Form - 09

Extended Sickness Benefit: Extended Sickness Benefit is a Cash Benefit paid for prolonged

illness due to any of the 34 specified diseases as per (Annexure – A).

Eligibility for Extended SB:- Continuous employment for a period of 2 years and should

have contributed for atleast 156 days in 4 preceding contribution periods. The daily rate of

Extended Sickness Benefit is 40% more than SB rate.

Maximum Duration of ESB:- Including Sickness Benefit payable for 91 days the ESB is

payable upto a further period of 124/309 days that can be extended upto 2 years in special

circumstances on recommendation of competent authority.

Maternity Benefits

Maternity Benefit consists of periodical cash payments in case of confinement or

miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or

miscarriage, to an insured woman as certified by a duly appointed medical officer or mid

wife.

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Eligibility for MB:- The contribution condition is the same as for Sickness Benefit. The

daily benefit rate is double the Sickness Benefit rate and is thus roughly equivalent to the

full wages. Benefit is paid for Sundays also.

The Benefit is paid as follows:-

(a) For Child Delivery:- For a total period of 12 weeks beginning not more than

6 weeks before the expected date of child birth.

(b) For Miscarriage:- For a period of 6 weeks following the date of miscarriage.

(c) For Sickness arising out of pregnancy, confinement, premature birth

of child or miscarriage:- For an additional period of upto 04 weeks.

Claim form under ESI Act:- Form – 09 & 19 (Notice of Work)

Medical Bonus:- Medical Bonus is lump sum payment made to an insured woman or the

wife of an insured person in case she does not avail medical facility from an ESI hospital

at the time of delivery. The amount of Bonus is Rs. 2500/-.

Disablement Benefit

Disablement Benefit is admissible for disablement caused by employment injury. At the

first instance, temporary disablement benefit is payable as long as the temporary

disability lasts. If the employment injury results in partial or total/permanent

disability, permanent disablement benefit is payable till the death of the insured

person.

The Daily benefit rate for Permanent and Temporary Disablement is roughly

equivalent to about 100% of the wage rate. For permanent partial disablement, the

rate of benefit is proportionate to the percentage of loss of earning capacity. The

benefit is paid for Sundays also.

Claim form under ESI Act: For Temporary Disablement:- Form – 09

For Permanent Disablement:- Form – 14

Dependent Benefits

Dependents benefit is paid as family pension to the dependants of a deceased insured

person in the event of death due to employment injury or occupational disease and is

equivalent to about 70% of the wages.

Eligible Members:

a) A widow can receive this benefit on monthly basis for life or till her Re-Marriage.

b) A son or daughter can receive this benefit till (25) twenty five years of age.

c) Other dependants like parents including a widowed mother etc. can also receive this

benefit under certain conditions.

d) The first installment is payable within a maximum of three months following the

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death of an insured person and therefore, on a regular monthly basis.

Claim form under ESI Act:- Form – 15 & 16

Funeral Expenses

Funeral expenses are in the nature of a lump sum payment of Rs. 10000/- (revised from @

5000/- w.e.f:- April 2011) made to defray the expenditure on the funeral of deceased

insured person. The amount is paid either to the eldest surviving member of the family or,

in his absence, to the person who actually incurs the expenditure on the funeral.

Claim form under ESI Act:- Form – 22

Others Benefits:-

Rehabilitation Allowance:- Rehabilitation in case of disabled insured persons under 45

years of age with 40 percent or more disablement.

Free Supply:- Free Supply of physical aids and appliances such as crutches, wheelchairs,

dentures, spectacles and other such physical aids.

Old Age Medical Care:- Old age Medical care for self and spouse at a nominal

contribution of Rs. 120/- per annum.

Rajiv Gandhi Shramik Kalyan Yojana:- Unemployment Allowance is payable to those

workers facing involuntary unemployment due to closure of factory or non-employment

injury. Benefit rate which is just above 50% of the daily wages for max 01 year.

Obligation of the Employers :

Complete the Registration process with in 15 days after the Act becomes applicable.

Submit Form - 01 to the Regional office or apply through Online to get the unique

Registration No. under this Act.

Following Responsibility are:-

* Generated the TIC & handover to employee for Smart Card.

* Maintain an Accident Book in Form - 11 (under Regulation 66)

* Submit an Accident Report in Form – 16 within 24 hours of Accident.

* Grant leave to insured employees on the basis of sickness certificates.

Records Maintenance :-

* Register of Employees in Form -6 (under Regulation 32)

* Accident Book in Form - 11 (under Regulation 66)

* Inspection Book (under Regulation 102A)

* File for copies of return of declaration forms.

* File for copies of Return of Contribution, Challans, etc.

* File for general correspondence & copies of Accident Reports.

Safeguards for Insured Employees:

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* Right to receive Payment of any benefit under the Act that shall not be “Transferable

or Assignable”.

* Cash Benefits payable under the Act are not liable to attachment or sale in execution

of any decree or order of any court.

* Employer shall not dismiss, discharge or reduce the wages or otherwise punish a

covered employee during the period he / she is in receipt of Sickness Benefit or

Maternity Benefit etc.

* By reason of his liability to pay his share of contribution under the ESI Act, no

employer shall directly or indirectly reduce the wages of a covered employee.

* Right to register their grievances / complaints at any level for immediate Redressal &

Judgement.

* Right to approach EI Court against any action/ decision of the medical Board etc.

Benefits of Smart Card:

* Medical treatment is available in any ESI Dispensary, Centre & ESI Hospital all

over of India.

* As per rule, Smart card (know as Pahachan card) will be accepted (valid) for life

long.

* No need to take New card, when employee is changing the Job or office.

* It is comfortable to carry always by the insured persons & their families.

* Employee’s & their family members details can change or update with out any

objection.

* Insured person health record will be available online for any future treatment

required to the person in all ESIC centers.

* Any one can find the details easily of insured persons & his family members by

login with IP No. on esic.in (via- IP’s login).

* Temporary and permanent workers can use this facility of Smart Card to avail all

the above benefits easily.

Interest & Damages as Penalty:

Under Section 39(5)(a) of the ESI act, read with Regulation 31(A) of the ESI (General)

Regulations 1950, the employer is liable to pay simple interest @ 15 percent per annum in

respect of each day of default or delay in payment contributions. In addition, under the

Provision of Regulation 31-C of ESI (General) Regulations, 1950, read with section 85

(B)(i) of the ESI Act, the Corporation is empowered to recover damage as under:

Period of delay in Rate of Damages

payment of Contribution on the amount due

i). Up to less than 2 months 5 %

ii). 2 months and above but less than 4 months 10%

iii). 4 months and above but less than 6 months 15%

iv). 6 months and above 25%

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The Employee’s Provident Fund Act 1952

Introduction

Salary consists of two parts i.e. earnings & deductions

Provident Fund is one of the statutory deduction done by the employer at the time of salary

payment

Provident Fund is governed by the Employee’s Provident Fund Act 1952

Introduction

* Provident Fund has come into force to give better future to employees on their

retirement & his dependants in case of his death during employment

* The Employees Provident Funds Act 1952 is compulsory contributory fund for the

future of an employee after retirement or for his dependents in case of his early death

* Act is applicable to all states of India except Jammu and Kashmir

Application

* Every industry employing 10 or more persons (180 industries are specified in

Schedule 1 of the Act)

* Every industry employing 10 or more persons which the Central Govt. may notify

* Any other establishment notified by the Central Government even if employing less

than 10 persons

Eligibility & Entitlement

* Every employee employed directly / through a contractor who is in receipt of wages

are eligible to become a member of the fund (exception - Apprentice under the

Apprentices Act and casual laborers)

* Irrespective of permanent / probationary employees, all employees are eligible for

joining the PF scheme from the date of joining the service

* Minimum 10% of the basic pay for establishments employed less than 10 persons;

sick industries declared by necessary authority; Jute, Beedi , Brick, Coir & Guar

Gum Industries / Factories

* Other industries maximum 12% of the basic pay

* A member can contribute voluntarily more than statutorily prescribed rate (upto

100% of basic salary) which will be transferred to his PF A/c

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Calculation

* 12% contribution by the employee is directly transferred to his Provident Fund A/c

* 12% is contributed by the employer out of which 8.33% is credited to Employee

Pension Fund and the balance 3.67% is transferred to PF A/c of the employee

* 1.10% Administration charges on total wages are payable by the employer

* 0.50% EDLI calculated on total EDLI slab (Rs. 6500) wages and payable by the

employer towards EDLI fund

* 0.01% EDLI Administration charges calculated on total EDLI slab wages are payable

by the employer

Benefits

* Employees can take advances / withdraw the PF in case of retirement, medical care,

housing, family obligation, education of children & financing of life Insurance Polices

* Upto 90% of the PF amount can be withdrawn at the age of 54 years or before one

year of actual retirement

* PF amount of the deceased member is payable to nominees / legal heirs

* Immediate income tax exemption under Sec 80C of IT Act

* Equal contribution by the employer

* Interest rate is usually higher than the prevailing market rate (present interest rate @

8.5%)

* PF A/c can be transferred if any member changes from one establishment to other

where the PF Scheme is applicable

* Totally tax free returns

Interest

* Interest is credited to the members PF A/c on monthly running balance

* Interest rate is fixed by the Central Government in consultation with the Central

Board of trustees of EEPF every year during March / April

* The present rate of interest is 8.5%

Nomination

* The member can nominate other person / persons to receive the Fund amount in the

event of his death

* The nomination details provided by the members are maintained at the Regional

Provident Fund Office for use in the event of death of the member

Annual Statement of Account

* After the close of each year of contribution, annual statement of account will be sent

to each member through establishment where the member was last employed

* The annual statement of fund account will show the opening balance at the beginning

of the year, contributions during the year, the amount of interest credited at the end of

the period and the closing balance at the end of the year

* If any error is noticed in the annual statement, the member shall bring the same to the

notice of the PF Office through employer within 6 months from the date of receipt of

the statement

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Full Settlement

* PF A/c settled immediately under the circumstances;

* Retirement after 58 years

* Retirement on account of permanent incapacity

* Termination of service on retrenchment

* Voluntary Retirement Scheme (VRS)

* Permanent migration from India to settle abroad / taking employment

* For female members leaving service for getting married

* PF A/c settled after two months under the circumstances;

* Resignation from the services

Advances / Withdrawals

* Purchase of site for construction of house / construction of House / purchase of flat

* Additions / alterations / improvements to the house

* Repayment of loan

* Hospitalisation for more than a month / major surgical operation / suffering from

TB, Leprosy, Paralysis, Cancer, Heart ailment etc

* Marriage of self / son / daughter / sister / brother

* Education of son / daughter

* Abnormal conditions like natural calamities

* Physically handicapped member for purchasing an equipment to minimize the

hardship due to handicap

Employer Role & Responsibility

Monthly Returns

* Filing monthly PF returns with the EPFO within 15 days of the close of each month

* Provide list of new employees joined in the establishment during the preceding month

& are qualified to become member in fund (Form-5)

* Provide list of employees leaving service during the preceding month (Form-10)

* Employer should file 'Nil' returns if there is no new employee or no employee leaving

the service during the preceding month

* Provide the total no. of members last month, new members joined and existing

members resigned in the preceding month & total no. of present subscribers to be

fund (Form-12A)

Annual Returns

* Employer shall send to the Commissioner within one month of the close of the year, a

consolidated Annual Contribution Statement (Form-6A) and individual employee

sheet (Form-3A) showing the contributions made by the employees and employer

during the year

Penalty

* 12–37% interest is payable for the delayed period in remitting contributions/

administrative charges depending upon the delayed period

Exemption

* Employer can seek exemption from the Scheme if similar / better benefits are

provided other than the Scheme by forming a Voluntary PF Trust which will work

under the rules & regulations of EPFO

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Employee Role & Responsibility

* Provide details of self & nominees (Form-2) for PF & Pension Scheme at the time of

joining the establishment

* In case of already having PF A/c, apply for transfer of previous A/c to the present A/c

* If willing to increase contribution, inform the same to the employer to deduct the

amount from the salary (Voluntary Provident Fund).

* Voluntary PF can be upto 100% of wages

* Understand that the employer is not liable to pay any contribution on voluntary PF

* Periodically verify the details maintained by the employer

* Don't allow employer to deduct his share of contribution/ administrative charges

payable by him from the wages

* Understand that Employees' Provident Fund Organization does not have any agent /

middlemen

The Employees Pension Scheme 1995

Introduction

* To give long term protection / financial security to employee upon retirement and his

family in case of his pre-mature death, family pension scheme has come into force by

diverting 8.33% contribution made by employer towards PF scheme

Application

* Scheme is compulsory for all the existing members who become members of the

Employees Provident Fund Scheme

Eligible

* Monthly pension to employees on retirement

* Widows on death of the member

* Children of the member below 25 years age

* Monthly pension to members upon permanent total disablement during service

The Employees Deposit-Linked Insurance Scheme 1976 (EDLI)

The Employees Deposit-Linked Insurance Scheme 1976 (EDLI)

Application

* EDLI scheme is compulsory for all the existing members who become members of the

PF Scheme

* Life insurance benefit (death coverage) of the employee is available under this scheme

while in service

Calculation

* EDLI is calculated on EDLI slab – Rs. 6500/-

* 0.50% EDLI calculated on total EDLI slab (Rs. 6500) wages and transferred to EDLI

fund

* 0.01% Administration charges calculated on total EDLI wages

* EDLI / administration charges are payable by the employer

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The Employees Deposit-Linked Insurance Scheme 1976 (EDLI)

Eligible

* Person who is eligible to receive PF dues of deceased member who died while in

service is only eligible to receive EDLI fund

Exemption

* Employer can seek exemption from the Scheme if similar / better benefits are

provided other than the Scheme with the consent of majority of employees

(Ex: IJM opted LIC as it is giving death coverage of Rs. 1,60,000/- under EDLI

instead of Rs. 60,000/- given by EPFO)

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The Payment of Gratuity Act, 1972

1. It applies to factories, mine, oilfield, plantation, port , railway, Shops and Establishments employing ten or more persons. 2. Applicable to employees who have rendered continuous service for five years. 3. Employees with less than five years will be entitled in case of death or disablement. 4. Employer has to pay within 30 days from the date it becomes payable to the employee. 5. Total amount of gratuity payable shall not exceed Rs.3,50,000/- to 10 Lakhs unless there is a contract to the contrary. 6. Compulsory insurance is necessary towards gratuity from Life Insurance Corporation, unless employer exempted from the Government. 7. Gratuity is calculated at the rate of 15 days wages for every completed year of service or a part thereof exceeding six months. Payment of Gratuity Act, 1972 An Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines,

oilfields, plantations, ports, railway companies, shops or other establishments and for matters

connected therewith or incidental thereto.

Section: 1

Short title, extent, application and commencement.

(1) This Act may be called the Payment of Gratuity Act, 1972.

(2) It extends to the whole of India:

Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and

Kashmir.

(3) It shall apply to- -

(a) every factory, mine, oilfield, plantation, port and railway company;

(b) every shop or establishment within the meaning of any law for the time being in force in relation to

shops and establishments in a State, in which ten or more persons are employed, or were employed, on

any day of the preceding twelve months;

(c) such other establishments or class of establishments, in which ten or more employees are employed,

or were employed, or, any day of the preceding twelve months, as the Central Government may, by

notification, specify in this behalf.

(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by

this Act notwithstanding that the number of persons employed therein at any time after it has become

so applicable falls below ten.]

(4) It shall come into force on such date as the Central Government may, by notification, appoint.

Section: 2

Definitions.

In this Act, unless the context otherwise requires, -

(a) "appropriate Government"' means, -

(i) in relation to an establishment-

(a) belonging to, or under the control of, the Central Government,

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(b) having branches in more than one State,

(c) of a factory belonging to, or under the control of, the Central Government,

(d) of a major port, mine, oilfield or railway company, the Central Government,

(ii) in any other case, the State Government;

(b) "completed year of service" means continuous service for one year;

[2] [(c) "continuous service" means continuous service as defined in section 2A;]

(d) "controlling authority" means an authority appointed by the appropriate Government under

section 3 ;

(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any

establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled,

semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such

employment are express or implied, [4] [and whether or not such person is employed in a

managerial or administrative capacity, but does not include any such person who holds a post under

the Central Government or a State Government and is governed by any other Act or by any rules

providing for payment of gratuity].

(f) "employer" means, in relation to any establishment, factory, mine, oilfield, plantation, port,

railway company or shop

(h) "retirement" means termination of the service of an employee otherwise than on

superannuation;

(i)"superannuation", in relation to an employee, means the attainment by the employee of such age

as is fixed in the contract or conditions of service at the age on the attainment of which the

employee shall vacate the employment;]

(j) "wages" means all emoluments which are earned by an employee while on duty or on leave in

accordance with the terms and conditions of his employment and which arc paid or arc payable to

him in cash and includes dearness allowance but does not include any bonus, commission, house

rent allowance, overtime wages and any other allowance.

Section: 3

Controlling authority

The appropriate Government may, by notification, appoint any officer to be a controlling authority,

who shall be responsible for the administration of this Act and different controlling authorities may

be appointed for different areas.

Section: 4

Payment of gratuity.

(1) Gratuity shall be payable to an employee on the termination of his employment after he has

rendered continuous service for not less than five years, -

(a) on his superannuation, or

(b) on his retirement or resignation, or

(c) on his death or disablement due to accident or disease:

Provided that the completion of continuous service of five years shall not be necessary where the

termination of the employment of any employee is due to death or disablement:

Provided that in the case of a piece-rated employee, daily wages shall be computed on the average

of the total wages received by him for a period of three months immediately preceding the

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termination of his employment, and, for this purpose, the wages paid for any overtime work shall

not be taken into account.:

Provided further that in the case of death of the employee, gratuity payable to him shall be paid to

his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs

is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest

the same for the benefit of such minor in such bank or other financial institution, as may be

prescribed, until such minor attains majority.]

Provided further that in the case of [an employee who is employed in a seasonal establishment and

who is riot so employed throughout the year], the employer shall pay the gratuity at the rate of

seven days wages for each season.

Section: 6

Nomination.

(1) Each employee, who has completed one year of service, shall make, within such time, in such

form and in such manner, as may be prescribed, nomination for the Purpose of' the second

provision to sub-section (1) of section 4.

(2) An employee may, in his nomination, distribute the amount of gratuity payable to him under

this Act amongst more than one nominee.

(3) If an employee has a family at the time of' making a nomination, the nomination shall be

made in favour of one or more members of his family, and any nomination made by such

employee in favour of a person who is not a member of his family, shall be void.

(7) Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be

sent by the employee to his employer, who shall keep the same in his safe custody.

How much?

Section: 7

AMOUNT OF GRATUITY

For every completed year of service or part thereof in excess of 6 months, the employer has to pay

gratuity to an employee@ 15 days’ wages based on the rate of wages drawn by the concerned

employee. In the case of piece-rated employee, daily wages are computed on the average of the

total wages received by him for a period of 3 months immediately preceding the termination of his

employment.

The amount of gratuity payable to an employee is not to exceed Rs 3,50,000.

Inspectors

Section: 7A

Inspectors

(1) The appropriate Government may, by notification, appoint as many Inspectors, as it deems fit,

for the purposes of this Act.

(2) The appropriate Government may, by general or special order, define the area to which the

authority of an Inspector so appointed shall extend and where two or more Inspectors are

appointed for the same area, also provide, by such order, for the distribution or allocation of work

to be performed by them under this Act.

Powers

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Section: 7B

Powers of Inspectors.

(1) Has to exercise all or any of the following powers, namely:-

(a) require an employer to furnish such information as he may consider necessary

Enter and inspect at reasonable hours for the purpose of examining any register, record or notice or

other document required to be kept or exhibited under this Act.

(c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer or

any person whom he finds in such premises or place and who, he has reasonable cause to believe, is

an employee employed therein;

(d) make copies of, or take extracts from, any register, record, notice or other document, as he may

consider relevant, and where he has reason to believe that any offence under this Act has been

committed by an employer, search and seize with such assistance as he may think fit, such register,

record, notice or other document as he may consider relevant in respect of that offence;

Recovery

Section: 8

Recovery of gratuity.

If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed

time, to the person entitled thereto, the controlling authority shall, on an application made to it in

this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall

recover the same, together with compound interest thereon at such rate as the Central Government

may, by notification, specify,] from the date of expiry of the prescribed time, as arrears of land

revenue and pay the same to the person entitled thereto :

Provided that the controlling authority shall, before issuing a certificate under this section, give the

employer a reasonable opportunity of showing cause against the issue of such certificate:

Provided further that the amount of interest payable under this section shall, in no case exceed the

amount of gratuity payable under this Act

Offences

Section: 9

Penalties.

(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of

enabling any other person to avoid such payment, knowingly makes or causes to be made any false

statement or false representation shall be punishable with imprisonment for a term which may

extend to six months, or with fine which may extend to ten thousand rupees or with both.

(2) An employer who contravenes, or makes default in complying with, any of the provisions of this

Act or any rule or order made there under shall be punishable with imprisonment for a term which

shall not be less than three months but which may extend to one year, or with fine which shall not

be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both: