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THE PAYMENT OF BONUS
ACT, 1965
An Act to provide for the payment of Bonus to persons in
certain establishments on the basis of profits, production or productivity.
Extends to the whole of India.
Applies to every establishment wherein 20 or more are
employed
The Appropriate Govt. shall apply the Act to any other
establishment, including a factory to which the Factories Act, 1948 applies,
wherein less than 20 workers are employed provided the number of persons
employed is not less than 10.
Eligibility to Bonus
employee whose salary/ wages does not exceed Rs 10000 per
month
who has worked in the establishment for not less than 30
days
Not disqualified to claim bonus due to fraud, theft or any other
misconduct
Bonus of very person drawing salary between Rs 3500/- and Rs
10000/- per month shall be calculated as if his salary were Rs 3500 pm
For calculating the number of working days
the days for which the worker has been laid off
the days he has been on leave with pay
the days he has been absent due to temporary disablement
caused by an employment injury
the days a woman employee has been on maternity leave
shall be taken in to account.
Rate of Bonus
Minimum :8.33% of salary/wages
Maximum 20% of salary/wages
Computation of bonus as per Schedule I to IV of the Act.
Adjust any interim bonus paid while making payment of the
final bonus.
Disputes on Bonus
The Bonus Act does not provide for any machinery to resolve
disputes relating to bonus. For this, the Industrial Dispute Act shall be
referred to.
THE PAYMENT OF
GRATUITY ACT, 1972
The Kerala
Industrial Employees Payment of Gratuity Act, 1970, followed by the West Bengal
Employees Payment of Compulsory Gratuity Act, 1971 and the intention of the other
States to have similar Acts in their respective states necessitated the Central
Act so as to avoid different treatment to employees of establishments having
branches in more than one states who are subject to transfer from one state to
another.
The Payment of Gratuity Act, 1972 extends to the whole of
India.
Applies to every factory, mine, plantation and other
establishment wherein 10 or more workers are employed.
Gratuity is in the nature of a retirement benefit payable to an employee for a long and meritorious service.
Gratuity is in the nature of a retirement benefit payable to an employee for a long and meritorious service.
It is not paid to an employee gratuitously or merely as a
matter of boon. It is paid for the service rendered by him to the employer
(Delhi Cloth and General Mills Co; Ltd Vs The Workmen)
Then why it should necessarily be denied to him when an
employee is dismissed for misconduct at a latter stage of service ???
Gratuity is payable to an employee on termination of his employment after he has rendered continuous service for not less than five years
Gratuity is payable to an employee on termination of his employment after he has rendered continuous service for not less than five years
on his superannuation
on his resignation
on his death or disablement due to employment injury or
disease
News paper employees
The Working Journalists and Other Newspaper Employees
(Conditions of service) and Miscellaneous Provisions Act, 1955, provides for
payment of gratuity.
As such, three years of continuous service is required for
eligibility for Gratuity.
The payment of gratuity shall be forfeited
to the extent of the damage or loss caused by the employee
to the property of the employer
where the service of the employee is terminated due to
misconduct
Rate of gratuity
15 days wages for every completed year of service
Rates applicable to Working Journalists depends upon the
service of the employee as provided in
the Working Journalists and Other Newspaper Employees (Conditions of service)
and Miscellaneous Provisions Act, 1955
The average pay of the monthly rated employee shall be taken by
dividing the monthly salary/ wages by 26 and not by 30
The average pay of the monthly rated employee shall be taken by
dividing the monthly salary/ wages by 26 and not by 30
Piece rate workers and Seasonal establishments
For piece rated
workers, average of the three months wages immediately preceding the day of
leaving shall be taken as average rate of wage
An employee in a
seasonal establishment shall be paid @ seven days wages for each season
Salary ceiling
The Amendment Act of 1994 removed the salary ceiling of an
employee, but the maximum gratuity payable shall be Rs 3.5 lakh.
In order to be eligible for gratuity, employee should have
at least five continuous years of service with the employer
An employee is in service in a calendar year provided he has
worked for
190 days in case employee is employed below the ground and
240 days in any other case.
Continuous service
The days he/she has been
laid off under an agreement or under the ID Act or as
permitted by the Standing Orders
on leave with pay
absent due to temporary disablement due to employment injury
on maternity leave
shall be taken as worked for the calculation of 190/240
days.
For seasonal employment 75% attendance during a season shall
constitute service in a year
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THE INTERSTATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND
CONDITIONS OF SERVICE) ACT 1979
Act to regulate the employment of interstate migrant workers and to provide for their conditions of service.
Act to regulate the employment of interstate migrant workers and to provide for their conditions of service.
Extends to the whole of India.
Applies to every establishment wherein five or more
interstate migrant workmen (whether or not in addition to other workmen) are
employed and every contractor who employs (whether or not in addition to other
workmen) 5 or more interstate migrant worker.
Interstate
migrant worker
An interstate migrant worker means any person who is
recruited by or through a contractor in the state under an agreement or
arrangement for employment in an establishment in another state, whether with
or without the knowledge of the principal employer.
Provides for
Registration of establishments employing interstate migrant
workmen, licensing of contractors, appointment of licensing officers,
prohibition of employment of migrant workmen without registration and duties
and obligations of contractors provided under the Act.
Employer to ensure
Regular payment, equal pay for equal work irrespective of sex,
suitable conditions of work, medical facilities, protective clothing etc shall
be ensured to such workmen.
The contractor to maintain register of migrant employees,
send report of accidents, half yearly returns (From 23) and annual returns
(Form 24)
Employer contravening the provisions liable for punishment
of imprisonment or fine or both
THE EQUAL REMUNERATION ACT, 1976
Act provides for the payment of equal remuneration to men
and women
Extends to the whole of India
Act makes it obligatory on the part of employer to pay equal
remuneration to men and women workers for same work or work of a similar
nature.
In order to make the wages equal, prevailing wages shall not
be reduced but the higher rate shall be maintained.
No discrimination
No discrimination while making recruitment for the same work
or work of a similar nature, except where the employment of women in such work
is prohibited or restricted by or under any law for the time being in force.
No discrimination in any condition of service subsequent to
recruitment such as promotions, training or transfer.
THE APPRENTICES ACT,
1961
The Act extends to the whole of India.
Applies to those apprentices who are undergoing
apprenticeship training in designated trades.
From time to time, the Central Govt. has specified the
designated trades.
Contract of apprenticeship
A contract of apprenticeship training is entered in to
between the employer and the apprentice or, if he is a minor, guardian of the
apprentice.
The contract of apprenticeship training is to be sent to the
Apprenticeship Adviser of the respective area.
Termination of training
on the expiry of the period of apprenticeship training
specified in the contract.
Premature termination by employer -
the employer shall pay to the apprentice such compensation
as may be prescribed
Premature termination by
the apprentice
apprentice or his
guardian shall refund to the employer as cost of training such amount as may be
determined by the Apprenticeship Adviser
NUMBER OF APPRENTICES
Depends on the ratio of trade apprentices to workers other
than unskilled workers and the facilities available and that may be made
available by the employer for training the apprentices.
Duties of the employer
Make suitable arrangements for imparting practical training
Provide for basic training.
Where an employer employs 500 or more workers, the basic
training shall be imparted in separate part of the workshop building or in a
separate building set up by the employer.
* the employer may
get easy loan from the Govt. for construction of building for conducting
training classes
ITIs
if the number of apprentices to be trained is less than
twelve, then the employer may depute such apprentices to any Basic Training
Center or Industrial Training Institute run by the Government for basic
training in any designated trade.
Where an employer deputes any apprentice as above, such
employer shall pay to the Government the expenses incurred by the Government on
such training, at such rate as may be specified by the Central Government.
RI Centre
Apprentice to be given Related Instruction course.
Time spent by a trade apprentice in attending classes on RIC
shall be treated as part of his paid period of work.
EMPLOYERS
to ensure
Placement of Training Officer with suitable qualification
Payment of stipend at a rate not less than the prescribed
minimum rate
Not to pay on the basis of piece work
Not to require to take part in any output bonus or other
incentive scheme
Employer to ensure (contd.)
HEALTH, SAFETY AND WELFARE OF APPRENTICES
Not to require or allow overtime except with the approval of
the Apprenticeship Adviser.
In case of employment injury pay compensation in accordance
with the provisions of the Workmen's Compensation Act, 1923
disputes
Any disagreement or dispute between an employer and an
apprentice arising out of the contract of apprenticeship shall be referred to
the Apprenticeship Adviser for decision.
Obligation for employment
It shall not be obligatory on the part of the employer to
offer any employment to any apprentice who has completed the period of his
apprenticeship training in his establishment,
nor shall it be obligatory
on the part of the apprentice to accept an employment under the employer.
THE WORKMEN’S
COMPENSATION ACT, 1923
The Act provides for payment of compensation to the worker
injured during the course of employment or contracted by any occupational disease
peculiar to that employment
Act extends to the whole of India.
The amount of compensation
for accidents resulting in death, an amount equal to fifty
per cent of the monthly wages of the deceased workman multiplied by the
relevant factor; or an amount of eighty thousand rupees, whichever is more
* for permanent total disablement, an amount equal to sixty
per cent of the monthly wages of the injured workman multiplied by the relevant
factor, or an amount of ninety thousand rupees, whichever is more.
The maximum compensation as per W.C. Amendment Act 2000
Fatal Injury - Rs.4,57,080
Permanent Total Disablement - Rs.5,48,496
Permanent Partial Disablement - According to incapacity
caused
Temporary Disablement - Rs. 2000 per month upto a period of
5 years
ESI Corporation and Workmen compensation
The liability of payment of compensation shifted from the
employer to the Employees State Insurance Corporation
EMPLOYEES STATE INSURANCE ACT, 1948
Act extends to the whole of India, However
The ESI Scheme is being implemented area-wise by stages.
The Scheme has already been implemented in different areas
in all States/Union Territories except Nagaland, Manipur, Tripura, Sikkim,
Arunachal Pradesh and Mizoram and UTs of Delhi, Chandigarh and Pondicherry
ESI Act
* Applies to
factories and establishments functioning in the notified area and consisting of
10 or more employees.
* Provides for health care and cash benefits in
cases of sickness, maternity and employment injury.
* The Act absolved
the employers of their obligations under the Maternity Benefit Act, 1961 and
Workmen’s Compensation Act 1923.
Employees covered
All employees drawing salary of Rs 10,000 or less are covered
(w.e.f 1-10-2006)
Contribution
Employees’ contribution . 1.75% of wages
Employers’ contribution. 4.75 % of wages
Employees receiving a daily average wage upto Rs.70/-(w.e.f
1-8-07) are exempted from payment of contribution. Employers will however contribute
their own share in respect of these employees.
pay contribution
within 21 days.
Contribution Period and Benefit Period
There are two contribution periods each of six months
duration and two corresponding benefit periods also of six months duration as
under
Contribution period Corresponding
Benefit period
1st April to 30th
Sept. 1st January of the following year to 30th June
1st Oct. to 31st
March 1st July to 31st December of the year following
Medical Benefits
Available both to IP and family.
Also
available to disabled/retired IP
Super
specialist treatment
Sickness Benefit
Maternity Benefit
Disablement Benefit
Dependant benefit
Funeral Expenses
Old age medi care
Rehabilitation
Maternity Benefit
Disablement Benefit
Dependant benefit
Funeral Expenses
Old age medi care
Rehabilitation
Employer to maintain
and file the following books and returns.
1. Form 7 (Register of Employees showing the details of Gross wages, ESI contribution deducted, Contribution by the Employer and total for
the contribution period (six months)
2. Accident book in form 15
3. ESI Declaration in
form 1,
4. Return of declaration in form 3
5. Return of Contribution in form 6 for the contribution
period (with similar entries as in register of employees Form 7)
6. Accident report in form 16. (similar to Form 18 to be
furnished to the Inspector of Factories and Boilers)
EMPLOYEES PROVIDENT FUND AND MISC. PROVISIONS ACT, 1952
An Act to provide for the institution of provident funds,
pension funds and deposit linked insurance fund for the employees in the
factories and other establishments
Extends to the whole of India except the State of Jammu and
Kashmir
Applicability
Applies to all factories and establishments in which 20 or
more are employed
Continuity of application
Exemption –
Where employees
get benefits in the nature of provident fund or old age pension fund from the
establishment which are not less favourable than the benefits under the Act.
Schemes under the Act
Three beneficial schemes-
1.Employees Provident Fund Scheme 1952
2.Employees Pension Scheme 1995
2.Employees Pension Scheme 1995
3.Employees Deposit Linked Insurance 1976
membership
An employee at the time of joining the employment and
getting wages up to Rs.6500/- is required to become a member.
an employee is eligible for membership of fund from the very
first date of joining a covered establishment.
Contribution to EPF
Employees’ share : 12% of the Basic + DA
Employer’s contribution : 12% to be deposited as :
8.33% to be deposited
in Pension Fund A/C No 10 and
the balance, ie, 3.67% to be deposited in Provident Fund A/C
No 01 along with Employees’ share of 12%
Contribution
Administration charges -
@ 1.1% of the total
wages/salary disbursed by deposit to A/C No 02,
Employees Deposit Linked Insurance @ 0.5% of the total
wages/salary by deposit to A/C No. 21 and
Administration of EDLI @ 0.01% of the wages/ salary by
deposit to A/C. No. 22.
Duties of employer
Employer to furnish information about:
(a) Ownership and names of responsible persons of the establishment.
(b) Declaration and nomination.
(c) Joining and leaving of service by the members in form 5 and form 10 respectively
(a) Ownership and names of responsible persons of the establishment.
(b) Declaration and nomination.
(c) Joining and leaving of service by the members in form 5 and form 10 respectively
(d) Form 12A with
monthly challans of deposit.
(e) Form 9 for details of employees.
(f) Form 3A/6A at the end of the financial year.
(g) Any other information as may be required under Para 76 of the scheme
(e) Form 9 for details of employees.
(f) Form 3A/6A at the end of the financial year.
(g) Any other information as may be required under Para 76 of the scheme
Benefits to employees
Provident Fund Benefits
Pension Benefits
Death Benefits
Provident Fund Benefits
Employer also contributes to Members’ PF @ 3.67% (1.67% in
case of sick industry - eg: beedi)
EPFO guarantees the Employer contribution and Govt. gives a
decent interest to PF accumulations
Member can withdraw from this accumulations to cater
financial exigencies in life - No need to refund unless misused
On resignation, the member can settle the account. i.e., the
member gets his PF contribution, Employer Contribution and Interest
Pension Benefits
Pension to Member
Pension to Family (on death of member)
Scheme Certificate
This Certificate shows the service & family details of a
member
This is issued if the member has not attained the age of 58
while leaving an establishment and he applies for this certificate
Member can surrender this certificate while joining another
establishment and the service stated in the certificate is added with the
service he is gaining from the new establishment.
After attaining the age of 50 or above, the member can apply
for Pension by surrendering this scheme certificate (if total service is at
least 10 years)
This is a better choice than Withdrawal Benefit, that if a
member dies holding a valid scheme certificate, his family will get pension
(Death when NOT in service)
Pension benefit (contd.)
Withdrawal Benefit
if not eligible for pension, member may withdraw the amount
accumulated in his pension account
the calculation of this amount is based only on (i) Last
average salary and (ii) Service (Not based on actual amount available in
Pension Fund Account)
No amount is taken from Member to give Pension to the
Member. Employer and Govt. contribute to Pension fund @8.33% and @1.16%
respectively
EPFO guarantees pension to members, even if the Employer has
not contributed to Pension Fund.
Pension calculation is similar to that of Govt. Employee
Death Benefits
Provident Fund Amount to Family (or to Nominee)
Pension to Family (or to Parent / Nominee)
Capital Return of Pension
Insurance (EDLI) amount to Family (or to Nominee)
No amount is taken from Member for this facility. Employer
contributes for this.
Nominee is basically determined as per the information
submitted by the member at this office through FORM-2
THE PLANTATION LABOUR ACT 1951
AN ACT TO PROVIDE FOR THE WELFARE OF THE LABOUR, AND TO
REGULATE THE CONDITIONS OF WORK, IN PLANTATIONS
It extends to the whole of India except the State of Jammu
and Kashmir
Applicability
Applies to any land used or intended to be used for growing
tea, coffee, rubber, cinchona or cardamom or any other plant which measures 5
hectares or more and in which 15 or more workers are employed on any day of the
preceding 12 months.
The State Government by notification can apply this law to
any other land even if it measures less than 5 hectares and employs less than
15 workers.
Duties of the Employer
Provision of:
Drinking Water
Separate Toilets for Men and Women
Medical facilities to the workmen and their family
Canteen where 150 or more workers are employed
Crèches where 50 or more women workers are employed or where
the number of children of women workers is 20 or more
Recreational facilities
Educational Facilities where children between the ages of
six and twelve of workers employed in any plantation exceed twenty five.
Housing facility
Welfare Officer where three hundred or more workers are
employed.
Hours of work and Limitations of employment
Hours of work – 48 hours per week which can be extended to
54 hours with double the rate as overtime wages
Weekly holiday
Daily intervals of rest
Prohibition of employing women workers between 7 pm and 6 am
Annual Leave (with wages) @ 1 per 20 days work
Sickness and maternity benefits
Employer to furnish Notice of Accident
Employer to maintain a register of Accidents
THE INDUSTRIAL
DISPUTES ACT, 1947
An Act to make provision for the investigation and
settlement of industrial disputes, and for certain other purposes.
It extends to the whole of India
Industrial dispute
Any dispute or difference between employers and employers,
or between employers and workmen, or between workmen and workmen, which is
connected with the employment or non-employment or the terms of employment or
with the conditions of labour, of any person.
Works Committee
Conciliation officers
Boards of Conciliation
Courts of Inquiry
Labour Courts
Tribunals
National Tribunals
Works Committee
Where?: Establishments with 100 or more workers
Members: Equal number
of representatives of the Employer and Employees
Objective: promotion of good relationship between employer
and employee(s)
Conciliation officers
Appointed by the appropriate Government
Duty: Settlement of industrial disputes.
Nature : Appointed for a specified area or for specified
industries in a specified area or for one or more specified industries and
either permanently or for a limited period.
Boards of Conciliation
Appointed by the appropriate Government as occasion arises
for settlement of disputes.
Board shall consist of an independent Chairman and two or
four other members in equal numbers to represent the parties to the dispute
Courts of Inquiry
Constituted by the appropriate Government as occasion arises
for inquiring into any matter appearing to be connected with or relevant to an
industrial dispute
Labour Courts
Labour Courts are constituted by the appropriate Govt. for
the adjudication of industrial disputes relating to any matter specified in the
Second Schedule and for performing such other functions as may be assigned to
them under this Act.
Tribunals
Tribunals are constituted by the appropriate Govt. for the
adjudication of industrial disputes relating to any matter specified in the
Second Schedule or the Third Schedule and for performing such other functions
as may be assigned to them under this Act.
National Tribunals
National Tribunals are constituted by the Central Government
for the adjudication of industrial disputes which, in the opinion of the
Central Government, involve questions 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 such disputes.
Matters within the Jurisdiction of Labour Courts (the II
Schedule)
1.The propriety or legality of an order passed by an
employer under the standing orders;
2.The application and interpretation of standing order;
3.Discharge or dismissal of workmen including re-instatement
of, or grant of relief to, workmen wrongfully dismissed;
4.Withdrawal of any customary concession or privilege;
5.Illegality or otherwise of a strike or lock-out; and
6.All matters other than those specified in the Third
Schedule.
Matters within the Jurisdiction of Industrial Tribunals (the
III schedule)
1.Wages, including the period and mode of payment;
2.Compensatory and other allowances;
3.Hours of work and rest intervals;
4.Leave with wages and holidays;
5.Bonus, profit sharing, provident fund and gratuity;
6.Shift working otherwise than in accordance with standing
orders;
III schedule
7.Classification by grades;
8.Rules of discipline;
9.Rationalisation;
10.Retrenchment of workmen and closure of establishment; and
11.Any other matter that may be prescribed.
Prohibition of strikes and lock outs
Not to strike without giving six weeks notice of strike and
during the pendency of any conciliation proceedings
Not to declare lock-out without giving to the employees six
weeks notice of lock out and during the pendency of any conciliation
proceedings
A strike or lock-out shall be illegal if it is commenced or
declared in contravention of the above.
Not to support of any illegal strike or lock-out
LAY-OFF AND RETRENCHMENT
No workman (other than a badli workman or a casual workman)
whose name is borne on the muster-rolls of an industrial establishment wherein
50 or more workers are employed shall be laid-off by his employer except with
the prior permission of the appropriate Government.
Lay off compensation
a workman (other than a badli workman or a casual workman)
who has completed one year of continuous service under an employer shall be
paid Lay off compensation
Lay off compensation
shall be equal to fifty per cent of the wages (Basic + DA)
Lay off compensation need not be paid for the weekly
holidays which may intervene
Continuous Service
An employee is in
continuous service in a calendar year provided he has worked for
190 days in case employee is employed below the ground and
240 days in any other case.
The days he/she has been
laid off under an
agreement or under the ID Act or as
permitted by the Standing Orders
on leave with pay
absent due to
temporary disablement due to
employment injury
on maternity leave
shall be taken as
worked for the calculation of
190/240 days.
Workmen not entitled to compensation in certain cases
When a worker refuses to accept alternative employment in
the same establishment or another establishment owned by the employer and
situated in the same village or town or within 5 a radius of miles of the
establishment.
When a worker does not present himself for work at the
establishment at the appointed time during normal working hours at least once a
day
When such laying-off is due to a strike or slowing-down of
production on the part of workmen in another part of the establishment
Retrenchment of workmen
No workman who has been in continuous service for not less
than one year shall be retrenched without giving one month’s notice (three
months notice wherein not less than 100 workers are employed) in writing
indicating the reasons for retrenchment or
if no notice is given, wages in lieu of such notice.
Retrenchment of workmen employed in an establishment wherein
not less than 100 workers are employed requires permission from the appropriate
Govt.
Retrenchment Compensation
Fifteen days average pay for every year (or part thereof in excess
of six months) of his service
THIS IS APART FROM THE GRATUITY PAYABLE UNDER THE PAYMENT OF
GRATUITY ACT
Compensation to workmen in case of transfer of undertakings
every workman shall be entitled to notice and compensation
as if the workman had been retrenched.
No compensation on transfer provided
1 . the service of
the workman has not been interrupted by such transfer;
2 . the terms and
conditions of service applicable to the workman after such transfer are not in
any way less favourable to the workman
3 . the new employer takes in to account the
continuous service of the workman.
Notice to be given of intention to close down any
undertaking
An employer who intends to close down an undertaking shall
give at least sixty days notice (Ninety days wherein not less than 100 workers
are employed) to the appropriate government stating clearly the reasons for the
intended closure of the undertaking:
This section shall not apply to-
(a) an
undertaking in which less than fifty workmen are or were employed, or
(b) an
undertaking set up for the construction of buildings, bridges, roads, canals,
dams or for other construction work
or project.
Compensation to workmen in case of closing down of
undertakings
Compensation be paid as if workmen are retrenched
However no compensation is payable if the
establishment is closed down on account of unavoidable circumstances beyond the
control of the employer
These shall not constitute circumstances beyond the control…
financial difficulties (including financial losses); or
accumulation of undisputed off stocks; or
the expiry of the period of the lease or license granted to
it; or
in case where the undertaking is engaged in mining
operations, exhaustion of the minerals in the area in which operations are
carried on
Procedure for retrenchment and re employment
Retrench the last worker to be appointed under a particular
category first
For re-employment, retrenched worker shall have preference
over other persons
RECOVERY OF MONEY DUE FROM AN EMPLOYER (section 33 C of ID
Act)
Any sum due from the employer under a settlement or an award
is recoverable in the same manner as an arrear of land revenue
Application by the employee to be received within ONE year.
Any sum capable of being computed in terms of money shall be
recovered from the employer with the intervention of Labour Court.
UNFAIR LABOUR PRACTICES
On the part of employers
On the part of employers
threatening workmen with discharge or dismissal, if they
join a trade union
threatening a lock-out or closure, if a trade union is
organised
granting wage increase to workmen at crucial periods of
trade union organisation, with a view to undermining the efforts of the trade
union at organisation
an employer taking an active interest in organising a trade,
union of his workmen
Unfair-employer
To establish employer-sponsored trade unions of workmen
discharging or punishing a workman, because he urged other
workmen to join or organise a trade union
discharging or
dismissing a workman for taking part in any strike (not being a strike which it
deemed to be an illegal strike under this Act)
changing seniority
rating of workmen because of trade union activities
Unfair-employer
refusing to promote workmen to higher posts on account of
their trade union activities
giving unmerited
promotions to certain workmen with a view to creating friction amongst other
workmen, or to undermine the strength of their trade union
discharging office bearers or active members of the trade
union on account of their trade union activities
Unfair-employer
To discharge or dismiss workmen –
by way of
victimisation;
by falsely
implicating a workman in a criminal
case on false or fabricated evidence;
on untrue allegations of absence without leave;
in utter disregard of the principles of natural justice in
the conduct of domestic enquiry or with undue haste;
for misconduct of a minor or technical character, without
having any regard to the nature of the particular misconduct or the past record
of service of the workman.
Unfair-employer
To abolish the work of a regular nature being done by
workmen, and to give such work to contractors as a measure of breaking a
strike.
To transfer a workman mala fide from one place to another,
under the excuse of following management policy.
To insist upon individual workmen, who are on a legal strike
to sign a good conduct bond, as a precondition to allowing them to resume work.
Unfair-employer
To show favoritism or partiality to one set of workers
regardless of merit.
To employ workmen as
"badlis" casuals or temporaries and to continue them as such for
years, with the object of depriving them of the status and privileges of
permanent workmen.
To discharge or
discriminate against any workman for filing charges or testifying against an
employer in any enquiry or proceeding relating to any industrial dispute.
Unfair-employer
To recruit workmen during a strike which is not an illegal
strike.
Failure to implement award, settlement or agreement.
To indulge in acts of force or violence.
To refuse to bargain collectively, in good faith with the
recognised trade unions.
Proposing or continuing a lock-out deemed to be illegal
under this Act
UNFAIR LABOUR PRACTICES On the part of workmen
advise, support or instigate any strike deemed to be illegal
under this Act.
coerce workmen to join a trade union or refrain from joining
any trade union,
picket in such a manner that non-striking workmen are
physically debarred from entering the work places
indulge in acts of force or violence or intimidation in
connection with a strike against non-striking workmen or against managerial
staff
Unfair-
employee
For a recognised union to refuse to bargain collectively in
good faith with the employer.
To indulge in
coercive activities against certification of bargaining representative.
To stage, encourage
or instigate such forms of coercive actions as willful "go slow",
squat on the work premises or "gherao" of any of the members of the
managerial or other staff.
To stage
demonstrations at the residences of the employers or the managerial staff
members.
Unfair-
employee
To motivate or
indulge in willful damage to employer's property.
To indulge in acts of
force or violence or to hold out threats of intimidation against any workman
with a view to preventing him from attending work.
The Trade Unions Act, 1926
An act to provide for the registration of Trade Unions and
in certain respects to define the law relating to registered Trade Unions.
It extends to the Whole of India
Registration
The minimum number of workers to form a registered Trade
Union is 10% or 100 whichever is less, subject to a minimum of 7 workers.
Ensure that the number of members does not fall down the
above requirement.
Sale Promotion Employees (Conditions of Service) Act, 1976
An Act to regulate certain conditions of service of sales
promotion employees in certain establishments, in the first instance, engaged
in pharmaceutical industry
It extends to the whole of India
APPLICATION OF CERTAIN ACTS
Provides for APPLICATION OF CERTAIN ACTS, such as Workmen's
Compensation Act, 1923, Industrial Disputes Act, 1947, Minimum Wages Act, 1948,
Maternity Benefit Act, 1961, Payment of Bonus Act, 1965 and Payment of Gratuity Act, 1972 TO SALES
PROMOTION EMPLOYEES
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