LEGAL UPDATES: 2012

Tuesday, 19 June 2012

Industrial Disputes Act, 1947

INDUSTRIAL DISPUTES ACT, 1947

Tuesday, 12 June 2012

SUMMARY OF CONTRACT LABOUR ABOLITION & REGULATION ACT

Objective of the act:

To regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

Applicability:

Every establishment in which 20 or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.
Every contractor who employs or who employed 20 or more workmen on any day of the preceding twelve months.

Sec. 7: Registration certificate to be obtained by principal employer.

Rule 18(4): Registration Certificate to be renewed /amended in case of any change in no. of workmen engaged after registration/ change in the contractors.

Rule 79: Abstract of the Contract Labour (Regulation and Abolition) Act 1970 and central rules to be displayed at loacations.

Wages to the contract labour to be paid in line with the Minimum wages applicable.

Rule 65: Wages of contract labour to be disbursed on or before 7th day of the following month.

Rule 73: Wage disbursement to be witnessed by any authorized officer (BPCL)

" Certified that the amount shown in column-------------has been paid to the workman concerned in my presence on-----------at--------------(Date/Time)"

Sec 21.4: In-case the contractor fails to make payment of the wages to his workmen, the Principal Employer to make the payment.

Rule 74: A register of contractors in Form XII to be maintained by principal employer.

Rule 80(3): Registers to be maintained for 3 calendar years.

Rule 81(3): Return (to be submitted by the Principal Employer) in Form VI-B regarding commencement/completion of work to the concerned auhtority within 15 days of commencement/completion of work.

Rule 82(2): Return in Form XXV to reach the registering officer concerned not later than 15th February following the end of the year to which it relates.

Section 12 : Contractor to obtain license from the licensing officer (for more than 20 contract labors).

Rule 21(2) : Principal employer shall give a certificate in Form V to the contractor

Rule 76: Contractor to issue employment card in Form XIV to each contract labor within three days of employment.

Rule 75, 78(1): Registers to be maintained by the contractor.

Rule 78(1) (b): Contractor to issue Wage Slip (in form XIX) - one day prior to disbursement of wages.

Rule 78(1) (c): Signature of workman to be obtained in the register for the entries related to them

Rule 25(2): Return to be submitted by the contactor in Form VI-A within 15 days of commencement/completion of each contract work.

Rule 82(1): Half yearly returns.

Rule 40: Welfare and Health

Rule 41: Rest Rooms

When they are required to halt at night in connection with their working
Where contract labour is to continue for three months or more
Within 15 days of commencing the employment.
Separate rooms to be provided for women employees

Rule 42: Canteen

Where contract labour is to continue for six months.
100 or more contract labour
Within 60 days of commencement of employment of contract labour

Section 18: Other facilities:

Sufficient number of latrines and urinals
Washing facilities

Sec 19: First Aid (One box for 150 contract labours)

The following link will help in analyzing various notifications provided (till May 2011) under section 10 OF THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970:

http://labour.nic.in/dglw/NOTIFICATIONSISSUEDUNDERSECTION10OFTHECONTRACTLABOUR.html

The Factories Act, 1948 - Important sections, amendments & applications

Objective of the Act

To consolidate and amend the law regulating labour in factories, with respect to regulation of working conditions, working hours, safety, leave and holidays of factory workers etc. but not wages.

Definition of Factory

Where 10 or more persons were working on a manufacturing process with the aid of power or
Where 20 or more persons were working on a manufacturing process without the aid of power.

Section 6:

Regarding license from Factories Inspector
License valid for one month (till Dec 31)

Section 7: Notice of change of occupier

Section 7 (4): Notice of change of Manager

Section 61 (10): Notice of change in working hours, shifts

Section 41-G : Regarding Safety Committee

Section 41-B : Disclosure of information regarding hazardous process/dangers

Section 41-C: HSE policy to be displayed

Section 110: Annual Return & Half yearly return.

Section 11 to Sec 50 : Health and welfare provisions.

For factories employing above 200 workers: One full time Factory Medical Officer for factories employing upto 500 workers and one more Medical Officer for every additional 1000 workers or part there of.

Section 51-71: Provisions relating to working hours to be strictly followed by every factory location.

Maximum of 9 hours a day or 48 hours in a week. Max. 60 hours in certain cases.
Half hour rest with every 5 Hrs of work period.
Spread over of work period incl. rest is restricted to 10.5 hours a day but upto 12 hours with special permission.
weekly holiday.
Notice of periods of work for all to be displayed/strictly adhered to.
Compensatory holidays for working on weekly holiday/ Sunday
Restriction on overlapping shifts
Extra wages for overtime.

Given below are links to some of the relevant judgements and articles related to Contract labour:

Monday, 11 June 2012

Please find below, a good link on supreme court judgements in 'Labour & Industrial Law'.

http://www.scjudgments.com/updates/law.aspx?ls=38

Tuesday, 5 June 2012

LEGALKR Blog is taking birth today. We aspire to update various advancements and changes in the legal scenario supporting our continous efforts to maintain industrial peace at the workplace and beyond. Various supporting cases and judgements, reflections from experts, excerpts from relevant labor laws etc will be updated progressively.

Expecting support and encouragement from our HR fraternity.