STATUTES GOVERNING FACTORY MANAGEMENT

Objective: To create awareness of Labour regulations among the non-personnel / commercial managers To enable interpretation and application of relevant laws in day to day factory administration

These guide lines are meant to be a ready reckoner of the important Labour laws governing for the line managers. It must however be borne in mind that the coverage of the acts it in no way exhaustive. It aims to provide merely working knowledge of the laws.

The important acts governing day to day factory administration are as follows: The Factories Act, 1948 The Contract Labour Act, 1970 The Employees Provident Fund & Misc. provisions Act, 1952 The Minimum Wages Act 1948 The Payment Wages Act 1936 The Payment Bonus Act 1963

 The Payment Gratuity Act 1965 The Apprentices Act 1961 The National & Festival Holidays Act 1958 The Employees State Insurance Act 1948

THE FACTORIES ACT, 1948

Object: To consolidate and amend the laws regulating Labour in factories To provide for health, safety and welfare needs of workers

Key Definitions: Worker A person employed- directly or through a contractor with or without the knowledge of the principal employer- whether for remuneration or not in any manufacturing process. Factory Any premises where a manufacturing process is being carried on with 10 or more workers- with the use of power. Manufacturing process It has been defined all - inclusively. It means any process for (1) making, altering, repairing - treating or adapting any articles for its use, sale transport, delivery or disposal (2) pumping oil, sewage or any other substance (3) generating, transforming or transmitting power (4) Printing & printing related (5) Shipbuilding and repairing (6) preserving or storing any articles in cold storage. sufficient latrine and urinal accommodation of prescribed types; To provide for a sufficient number of spittoons and maintain them in a clean and hygienic condition.

Every factory shall, in accordance with the provisions of the act, take appropriate safety measure: To fence dangerous part of the machine- for example prime movers, flywheel, electric generator, rotary converters; To prohibit employment of women and children near cotton openers; To maintain hoists and lifts of good mechanical condition, of sound materials, and adequate strength:; To keep all floors, steps, stairs ,passages and gang way in good condition; To prohibit any person from carrying or moving any load so heavy as to be likely to cause him injury; To protect workers from injury to eyes from particles or fragments thrown off in the course of the manufacturing process; To protect workers from dangerous fumes, inflammable dust, gas, such other materials: To protect workers from fire and provide for precautionary measure - for example, safe means of escape for all persons in the event of a fire; fire resistant construction of buildings; adequate fire extinguishing equipment; alert; efficient and well trained fire fighting squads. Every factory shall in accordance with the provisions of the Act, take appropriate welfare measures to provide: Washing facilities Facilities for storing clothing not worn during working hours and the drying of wet clothing Facilities for the sitting of workers while they are on duty First-aid boxes or cupboards one for every 150 workers and ambulance facilities if there are more than 500 workers Canteen if employing more than 250 workers Shelters, rest rooms and lunch rooms, if employing over 150 workers

A creache, if employing more than 30 women Welfare officer, if employing 500 or more workers

The main restrictive provisions of the Act about the working hours of adults are: A worker cannot be employed for more than forty-eight hours in a week He must be given a holiday for a whole day in every week If a worker is deprived of any of the weekly holidays, he shall be given compensatory holidays (u/s 53) A worker cannot be employed for more than nine hours in a day A worker must be given an interval of rest of at least half an hour after five hours of work The total period of work inclusive of rest intervals, must be spread over more than ten and half hours in a day If a worker works for more than nine hours in a day or for more than fortyeight hours in a week, he shall be paid for overtime work at the rate of twice the ordinary rate of wages.

The State Government may make rules in respect of adult workers in factories providing for the exemption, to such an extent and subject to such conditions as may be prescribed. In making rules under this section, the State Government shall not exceed, except in respect of extemption, the following limits of work, inclusive of over-time: The total number of hours of work in any day shall not exceeds ten The spread over, inclusive of the intervals for rest shall not exceed twelve hours in any day The total number of hours of work in a week including overtime shall not exceed 60 The total number of hours of over-time shall not exceed 50 in any one quarter

The main restrictive provision of the Act about the employment of workmen and children are A women worker cannot be employed except between the hours of 6 a.m. to 7 p.m. (It is understood that, in a recent judgement given by the High Court, Chennai women worker can be employed even in night shifts) The employment of a child below the age of 14 years is totally prohibited A child who has completed the age of 14 years but has to completed the age of 15 years can be employed for a maximum of 4 hours in a day A child worker must have a certificate of fitness granted by a certifying surgeon The manager must maintain a register of child workers in the prescribed form A child who has completed the age 15 years but has to completed the age of 18 years can be employed as an adolecent if he had certificate of fitness to Perform a full days work

THE CONTRACT LABOUR ACT 1970

Objective: The contract Labour Act, 1970 is a piece of central legislation which provides for the abolition of contract Labour wherever possible and for the regulation of the conditions of contract Labour in establishment or employments where the abolition of contract Labour system is not considered feasible for the time being. Definition

A workman shall be deemed to be employed as contract Labour in, or in connection with the work of, an establishment when he is hired in or in connection with such work by or through a contractor with or without the knowledge of the principal employer. Registration: The Principal employer has to apply for registration certificate, if employing more than 19 employees. License If any contractor is employing more than 19 employees under his contract he has to apply for License. A Contractor is required to provide (1) Rest rooms or other suitable alternative accommodation where contract labour is required to halt at night in connection with the work of an establishment. (2) A sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals of prescribed type and washing facilities (3) First-aid box equipped with the prescribed contents readily accessible during all working hours. (4) A canteen in every establishment employing 100 or more worker The act imposes a liability on the principal employer to provide the above amenities to the contract Labour employed in his establishment if the contractor fails to do so. The payment of wages and deductions if any shall be made by the contract in accordance with the provision of the payment of wages Act; it is the disbursement of wages and also certifies the amount paid as wages by the

contractor. Under the act, it is the responsibility of the principal employer to pay the unpaid wages of contractor fails to pay the same or make short payment

The Employees provident Fund & Miscellaneous Provision Act 1952

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Object The Employees provident fund and miscellaneous provision Act 1952 instituted a compulsory contributory fund to take care of the; Future of the employee after his retirement Dependents in case of his early death Applicability Every factory as defined under the factories Act Every establishment employing 20 or more persons Any other establishment so notified by the central Government even if employing less than 20 persons.

Classification of establishment for coverage Exempted Unexampled Employees covered: Every employee, including the employed through contractors (excludes an apprentice engaged under apprentices act) Every employee who is in receipt wages up to Rs. 6500/(The notification has been issued to increase the wage limit to Rs.6500/- per month with a view to enhance the retirement pension benefits of employees. The necessary amendment issued effecting 10.06.2001.) Wages Definition:

Basic wages and Dearness Allowances

Schemes:

Employees provident fund scheme 1952

Employees family pension scheme 1971 which has now been merged with employees pension scheme 1995 and Employees deposit linked insurance scheme 1976

Employees Pension scheme: Employees Pension scheme introduced W. e. f. 16. 11. 1995 Employees family pension scheme has been merged with the new scheme.

Benefits of the scheme:

Monthly pension to employees Monthly pension on account permanent total disablement during service Pension to widows Monthly pension for children / orphans

Nomination Every employee on becoming a member is required to submit a nomination An employee may nominate one or more persons as nominees indicating percentage of share Contributions:

Establishment employing less than 20 and sick industrial companies 10% of the basic wages & dearness allowance Establishment employing 20 or more persons 12% of the basic wages and dearness allowance.

Employers contribution is equal to the employee contribution. Allocation of contribution

8.33% of employers contribution @ the maximum tune of Rs. 541/- I-e equal to 8.33 % of Rs. 6500/- is being credited to the pension fund. The balance 3.67% of 12 % goes to employees provident fund account. The entire employee contribution is credited only to the EPF account.

Voluntary contribution: Employees can voluntarily contribute ranging between 5% & 24% over and above the statutory requirement No matching contribution from employers is compulsory. Employees deposit linked insurance: Employer has to contribute 0.5% of the actual wages to this fund. This can be exempted from the P F authorities by taking policy from LIC of India. Administrative Charges: For PF, the employer has to pay 1.10% of the employees wages administrative charges. For EDLI the employer has to pay 0.01% of the employees wages administrative charges. If employer gets exemption in lieu of EDLI from LIC of India, he has to pay an Inspection Charges @ 0.005 % of the total wage to the P F authorities. Responsibility: Employer to deposit his own as well as the employees contribution in respect of all employees including contracts Labour into the respective PF account. Deductions: Employer to deduct employees contribution from the wages Employers contribution not to be deducted from the wages of any employee Employees deposit Linked Insurance Fund: Upon death of a member, family will be paid maximum of RS. 62,000/depending upon period of service completed

10

 Employers can opt for exemption after entering into an arrangement with LIC to extend EDLI benefits.

Transfer of accumulations: Members, while changing employment should apply for transfer of accumulations in from 13 through the new employer. Accumulation in the pension fund options to be exercised An employee who has been a member for less than 10-year can withdraw his accumulation from the pension fund or he can opt for scheme certificate. An employee who has been a member for more than 10 year cannot withdraw accumulation in the pension fund. He will be eligible for reduced pension between 51 & 58 year of age Settlement of PF without waiting period: Retirement from service upon attaining the age of superannuation Retirement on account of permanent & total in capacity for work due to bodily or mental infirmity duly certified by the medical officer of the establishment. Termination of service in the case of mass or individual retrenchment Termination of service under VRS In respect of all other members, application can be made only after a waiting period of 60 days. Early withdrawal of accumulations: Members who leave the country or take to self employment

11

 Members who changed employment from covered to an uncovered establishment Female members, upon marriage, who give up employment.

The Minimum Wages Act 1948

Objective: The act extends the concept of social justice to the workmen employed in certain scheduled employment by statutorily providing for them minimum rate of wages. Definitions: Wages means all remuneration capable of begin expressed in terms of money which would, if term of the contract of employment, expressed or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done such employment, and includes house rent allowance but dose not include The value of any house accommodation supply of light, water, medical attendance; or any other amenity or any service excluded by general or special order of the appropriate government; Any contribution paid by the employer to any pension or provident fund or under any scheme of social insurance; Any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment. Any gratuity payable on discharge.

12

Provisions: When in respect of an employment, the appropriate government has fixed and notified minimum rates of wages the employer is bound to less than the rates notified. The appropriate government may review wages at such intervals, as they think fit but not exceeding five years, and revise them, if necessary. The appropriate government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which less than 100 employees are employed in whole state. The minimum rates of wages may be fixed: For different classes in the same employment; For adolescents, children and apprentices; For different employment For different localities; A time rate A piece- rate A guaranteed time rate An over time rate.

The rates of wages may be

The rates may be fixed by the hour, by the day or month or by any other longer period as may be prescribed. The rate fixed may consist of the basic rate of wages and dearness allowance as may be fixed by the Concerned Government based on the Consumer Price Index fixed then and there, and the cash value of confessional rates. The minimum wages payable under the Act are to be paid in cash but it also provide for authorization of payment in kind where the appropriate government considers it necessary. The appropriate government may fix the number of

13

hours of work, rest day, payment of overtime in respect of schedule employment. Provision has been made in the Act for the maintenance of registers and records in the prescribed manner.

The Payment of Wages Act 1936

Object: To regulate payment of wages at regular intervals.

Applicability: Person employed in a factory other establishments Shall not apply to employee drawing wages exceeding RS1600/-

Wages All remuneration by way of salary, allowances or otherwise and include over time wages. Time of payment of wages: In factory or establishment, in which less than 1000 person are employed wages shall be paid before the expiry of the7 days. In any other factory or establishment wages shall be paid before the expiry of the 10 days.

14

In case of termination of an employee, wages earned by him shall be paid before the expiry of the second working day from the date of termination.

Deductions which may be made from the wages: Fines: Approval to be obtained from the Government for imposing fine Opportunity to be given before imposing fine Amount of fine shall not exceed 3% of the wage payable to an employee Fine imposed cannot be recovered

Deduction for absence from Duty: The absence of an employed person from the place he is required to work Amount of deduction shall be proportionate to the period of absence If 10 or more persons concertedly absent themselves without notice. The deduction may include such amount exceeding 8 days wages

Deductions for damage or loss: Deduction can be made to the extent of the damage or loss caused to the employer by neglect or default Other deductions: House accommodation provided by the company Electricity Professional tax Recovery of advance Recovery of loans Payment to co operative society and insurance schemes Income tax

15

Order of a court Subscription to union

Deductions not deemed to be deduction from wages: With holding of increments Reduction to a lower post or time scale Suspension

Maximum deduction permissible: The total amount of deduction from wages of an employed person shall not exceed : a) 75% in case such deductions is wholly or partly for payment to cooperative society b) 50% in any other case

Payment of Bonus Act 1956

Objective Provide for payment of bonus to employee on the basis of profits or on the basis of production or productivity. Applicability Factory as defined in the factories Act Every other Establishment in which 20 or more persons are employed

Definitions
Bonus: Deferred wages Basic wage and Dearness allowance Salary:

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Factory: Any premises wherein 10 or more workers are working in a manufacturing process with the aid of power or 20 or more workers are working without. Establishment: Any place where any industry trades business or service is carried on. Employee: Any person other than an apprentice employed on a salary not exceeding RS. 3500 Eligibility: Employees receiving salary/ wages up to RS. 3500/- per month Employees must have worked for at least 30 working days in the financial year. Quantum: Minimum of 8.33% of the salary/wages earned Maximum of 20% of the salary/wages earned depending upon the allocable surplus.

Computation: RS. 2500/- x 12x 8.33% or percentage of bonus declared For the purpose of computation salary exceeding RS. 2500/- per month will be ignored. Illustration: An employer declares a bonus of 15% and if an employee whose salary for the year is as follow: April to October Rs, 2000/November to January Rs 2500/February to March Rs 3500/-

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Bonus @ 15% Rs, 2000 x 7 months i.e. April to October Rs, 3500 x 2 months i.e. February to March (Rs, 3500 to be treated as Rs, 2500) Total Rs. 26500/Rs 26500 x 15% = Rs, 3975/Allocable surplus: 60% of available surplus is allocable surplus and in case of foreign companies it is 67% of available surplus. Available Surplus: Gross profit (depreciation in accordance with the IT Act Rebate- direct taxes) = 14000/= 5000/Rs, 2500 x 3 months i.e. November to January = 7500/-

Set on and set off Set on: In an accounting year, if the allocable surplus exceeds the amount of bonus payable, the excess amounts subject to a max. Of 20% of the total salary or wages shall be carried forward. The amount will be set on in the succeeding accounting year for the purpose of payment of bonus. Set off: If there is no allocable surplus or there is no sufficient set on for minimum bonus payable, the funds spent towards statutory disbursement can be set off in the succeeding accounting year. Bonus linked to production / Productivity:

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Payment of bonus can be linked to production/ productivity in lieu of bonus on profit It should be under an agreement or settlement This scheme should be subject to minimum and maximum bonus payable under the Act.

Example set on/ set off Company x = Allocable surplus = Rs. 20,000/- in 1993 Max Bonus paid restricted to 20% = Rs 4800/Bonus paid = Rs 4800 Set on = Allocable Surplus Bonus paid restricted to 20% of salary / wages = Rs 4800/1994 Allocable surplus min Bonus = Rs 2500/Bonus paid = Rs 2500/Set on 1993 adjusted = (Rs 4800- 2500 = 2300) 1995 Allocable surplus Nil Min bonus = Rs 2800/Bonus paid Rs. 2800/Set on 1993 adjusted Set off for the following year = Rs 500 Disqualification for Bonus: Termination of service on account of Fraud Theft Riotous or violent misbehavior Misappropriation

Proportionate reduction in bonus:

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Bonus shall be proportionately reduced for the days for which wages have not been earned. Days of lay off leave with pay, disablement caused by accident in the course of employment or maternity leave shall be considered as days worked.

New Establishment: In the first five accounting year bonus shall be payable only in the accounting year in which profit are made In the sixth and seventh accounting year, principle of set on/ set off to be applied and bonus paid

From 8th accounting year- bonus to be calculated and paid irrespective of

profits.

The Payment of Gratuity Act 1972

Object: Provide retirement benefit for long and unblemished service

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 Reciprocation by company for contribution by employee Entitlement: Every employee who has rendered continuous service of five year or more No restriction on salary/ wages Salary/ Wages: Basic wages and dearness allowance Continuous service defined: Uninterrupted service including service interrupted by sickness / accident / absence from duty with or (without leave) lay off, strike or lock out or cessation of work not due to the employments fault. In case of mine or non- seasonal establishment 190 days of attendance during the preceding year. In all other cases 240 day of attendance during the preceding year Break in Service: An order passed treating the absence as break in service in accordance with the standing orders, rule or regulation governing the employees of the establishment. When Gratuity is Payable Superannuation Retirement / Retrunchment Death Note: The completion of continuous service of five year shall not be applicable.

Computation of Gratuity:

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Last drawn salary (Basic +DA) x 15/26 x no.of completed year of service. *More than six months of service will be reckoned as one year and less than six month of service will be ignored for purpose of calculating years of service Maximum Gratuity It should not exceed RS 3.5 lakes in any case (A) Deduction permissible from Gratuity Termination of service for any willful omission or negligence causing any damage , loss or destruction of employers property Reduction to the extent of such damage or loss permissible. (B) Forfeiture of Gratuity Forfeiture can be wholly or partially Termination of service for riotous or disorderly conduct or any other act of violence. Termination of service for any act which constitutes an offence involving moral turpitude, provided that such offence is committed in the course of employment. Nomination: Employee to submit nomination in the prescribed form in duplicate to his employer within 30 days of completion of one year of service. Application for payment of gratuity Application to be submitted within 30 days from becoming eligible by employee or his nominee Application can be made 30 days in advance of Superannuation Time limit for payment of gratuity 30 days from the date it becomes payable

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 with interest after 30 days When gratuity is to be deposited with the government Nominee or the legal heir of the employee is a minor In case of a dispute with regard to the quantum of gratuity or the person entitled to gratuity

Compulsory insurance/ Gratuity fund: Insurance for liability to pay gratuity Gratuity trust can be formed if strength exceed 500 Protection of gratuity against attachment: When payable to the employee not attachable in execution of an any order of the court Attachable when payable to the legal heirs of the employee

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The Tamil Nadu Industrial Establishment (National and Festival Holidays) Act 1958
Object: An act to provide for the grant of National and Festival holidays to persons employed in the Industrial establishment in the state of TamilNadu Applicability: It is applicable to all factories and establishment in TamilNadu- it dose not apply to employees in a position of management and employees whose work involves travelling. Also does not include Government, Banks, Railway establishments mines, and oil fields. National Holidays: 4 days are declared national holiday under the act 26th January 1st May, 15th August and 2nd October. These 4 days shall be allowed as holiday to all employees each year. Festival Holidays: In addition to the 4 National Holidays, every year 5 Festival Holidays shall be declared to all employees. This is to be done in consultation between the employer and employees and should be approved by the Inspector of Factories. Wages: Full wages will be paid for the 4 national holidays. For the 5 festival holidays full wages are payable if the employee has been in service under the employer for at least 30 days within continuous period of 90 days immediately preceding such holidays.

24

Work on holidays: An employee may be required to work on any of the said holidays; this is permitted provided He is given 24 hours notice in writing Notice is sent to the concerned inspector and a copy displayed in the factory in Form V A.

In such cases the employee has a choice: 1. He can take double wages; 2. He can take single wages and one day off either three days before or three days after the said day Rights and privileges under other laws etc: If an employee is entitled to better privileges by virtue of any other law, custom, contract or usage, nothing in this act shall affect such privileges Penalties: An employer who contravenes any of the provision shall be punishable by fine of Rs.25/-for the first offence and up to Rs.250/- for subsequent offences.

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The Employees State Insurance Act 1948

Object:

Provide social protection to workers in contingencies such as illness, maternity and employment injury

Applicability:

Factories covered under factories Act and falling within notified area Other establishment wherein 20 more persons are employed

Employees covered under ESI Act are exempted from these Acts

Maternity Benefit Act 1961 and Workmens compensation Act 1923

Employee covered:

An employee drawing wages up to Rs 10,000/- per month Excluding Apprentices engaged under the apprentices Act 1961.

Employees in branch of main establishment whether covered

If the main establishment is covered under ESI Act , the branches of such establishment irrespective of the number of employees, will be covered under the Act (if the branch office is situated in the Not notified area, that particular branch may be excluded from the provisions).

Registration of Establishment or factory:

Employer to register the factory / Establishment with the ESI corporation (at its appropriate regional office) within 15 days of the applicability of the Act.

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Registration of Employees:

An employees entitled to the benefit under the registered

Act are required to the

Wages Defined:

Wages means all remuneration paid. or payable in cash including any payment for period of authorized leave, lockout , strike (legal) lay off and any other additional remuneration paid at intervals of less than two months , but excludes Employers contribution to any pension, provident fund and ESI fund Any traveling allowance, or concession e.g. cycle allowance Reimbursement of any special expenses Gratuity payable or discharge Washing allowance

Identity card:

Every member employee shall be provided with a permanent identity card

Contributions:

Employer 4.75% of the wages Employee 1.75% of the wages Exception Employee drawing an average daily wages equal to Less than Rs 25/-are exempted from employees Contribution.

Responsibility: Employer to deposit his own as well as the employee contribution in respect of all employees including the contract Labour in the ESI account. Deductions:

27

Employers contribution not to be deducted from the wages of any employee Recovery of contribution in respect of contract Labour: Principal employer to deduct the contribution of both employer and employees from the bills of the contractors.

Time and mode of deposit:

Contribution to be paid into ESI account in state bank of India To be remitted on or before the 21st of every month

Standard Benefit Rate:

Benefits available under the scheme are linked to the standard benefit rate which is in turn linked the average daily wages of the employee

Average Daily wages STD Benefit rate Below Rs 28/ Rs 14/Rs 236/- and above Rs 125/Sickness benefit: Benefits payable - Every insured employee is entitled to cash benefit

Contribution by the insured employee for not less 78 days in the contribution period Benefit at the standard benefit rate

Benefit not Payable:

Days worked Leave with wages Holiday or strike

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However, sickness benefits shall be allowed to the employee for any day on which he remains on strike if he has been under treatment;

No sickness benefit shall be payable for the first two days of sickness The restriction will be waived if the employee falls sick within a period 7 days after the first sickness Sickness benefit is restricted to maximum of 91 days in any two consecutive benefit period.

Maternity Benefit:

Cash benefits in case of Confinement Miscarriage Medicaltermination of pregnancy Pre- mature birth of a child Sickness arising from pregnancy of miscarriage Contribution at least for 70 days Benefit payable is twice the standard benefit rate. Confinement 12 weeks not more than six weeks preceding the date of confinement

Benefit payable at the time of:

Death of the woman during or after delivery 12 weeks not more than six weeks preceding the date of confinement Death of the woman and the child up to the date of death of child Miscarriage or medical termination Six weeks following the date of miscarriage, etc Post confinement sickness Additional period of one month following the aforesaid period.

Medical Bonus:

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Rs 250/- as confinement expenses case of non- - availability of the medical facility under the scheme.

Disablement benefit:

An employee injured in the course of employment and is permanently of temporarily disabled or contacts any occupational disease Disablement benefit payable in the form of cash in installment

The benefits payable:

For temporary disablement of not less than three days and permanent total disablement At the rate of 40% more than the standard benefit rate. For permanent partial disablement Percentage of the losses of earning capacity more than the standard benefit rate

Benefit not to be combined: Eligible for any one of the benefits

Sickness benefit or maternity benefit. Sickness benefit or disablement benefit for temporary disablement Maternity benefit or disablement benefit for temporary disablement

Dependents Benefit:

Death of an employee in the course employment Dependents entitled for pension Pension is payable at 40% more than the standard benefit rate.

Medical Benefit:

Treatment at ESI hospital/ dispensary to the employee and his family members.

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Eligible for benefit even after retirement / superannuation on lump sum payment

Funeral Expenses: Max. Of 1500/- to the family of the deceased

Claim to be made within three months The employer must not employ any sick employee unless he submits the certificate of fitness from the ESI dispensary or hospital Employer in receipt of any benefits under the scheme is not to be dismissed or punished

The following Registers to be maintained under various Acts

Form . No. Section Rule Purpose FACTORIES ACT There shall be a competent person nominated by the manager and approved by the inspector recording should be done 3times a day. It should be done once in 14 months an recorded in the register To be signed by the competent authority. A report to be sent to the If by the competent person within 7 days of completion of examination. To be done one a year. To be maintained by the factory manager. To be maintained by the employer once exemption is Remarks

15

22

Humidity register

11(1)

16

Record pointing time washing ,white washing etc Report of examination of pressure vessel or plant. Report of examination of water sealed gas holders OT muster roll for exempted workers

31

56

8A 10

59 (5)B

56A 78

31

12 15

62(1) 83

80 87&88

Register workers

for

adult

Register of leave with wages

17

10(4) & 87

103

Health Register

25

62

103

Muster roll

25A

62

103A

Muster roll workers

for

adult

25B 26

62 -

103 B 104 (1) 104(2) Rule

Time card Register of accident Register of dangerous occurrences Purpose Maintenance exempting under act ,granted of the

26A Form . No. 28

Section

got for OT under sec 51.52,53,54,55,&56 As & when new employee report for duty This shall be presented for a period of 3 years after the last entry in it Once in a year employee shall be checked and recorded in the register. In case of dangerous operations details to be dealt u/s 87, rule 95. If daily attendance is noted in form 12, this is not required to be preserved for 3 year from last enquiry. To be marinated for overtime hours done .if palsy approved this can exempted to be preserved for 3year If pay slip approved, this can be exempted to be preserved for three years. To be entered as & when dangerous accident occur to be preserved for 3 year To be entered as & when dangerous accident occur to be presented for 3 years Remarks As & when exemptions are obtained has to be entered. Book shall be kept for inspection ready at any time. As when new rooms/buildings are constructed to be entered This register is for workers who have specially trained for work on certain machine which are considered

105(b)

29 35

22

105(b) 106 53(3)

Showing the particular of forms in a factory Register of trained adult worker

32

36

29

55

38

35

58

dangerous as per the Act The factory has to submit an amount as specified by the IF after the remittance a Register of hoists lifts competent authority Cheque the hoists & lifts this has to be done in 6 month Record of eye To be done for fork lift examination operation

MINIMUM WAGES (TN) RULE

Register of fines I 18 21(4) To be maintained by the employer fine not exceeds 3% of the wages payable to the employer. To be employer maintained by

PAYMENT OF BONUS RULES

A 2(4) 4(a) Computation of allocable surplus set on setoff of allocable surplus Bonus paid to employee for the allocable surplus Bonus paid to employee for the accounting year

------------ do --------------------- do ------------

B C

15 17,18

4(b) 4(c)

PAYMENT OF WAGES(TN) RULES

No fine shall be imposed until the employer has obtained approval from the inspector. Notice specifying act and omissions shall be exhibited. Fine shall not exceed 3% of the employee wages no fine to be imposed on employee under the wage of 15 years fine deducted in installment shall not exceed 60 days from the date on which it was imposed.

8(1)

Register of fines

ESI RULE
VII XV 32 66 Register of employee Accident register To be maintained by employer & preserved for a period of 5 years. -------- do ----------

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First aid register

Not prescribed in the format. But employer should make an entry.

NON DISPLAYBLE NOTICE Form 3A Section 7(4) Rule 12A Purpose (Factories Act) Change of manager notice Remarks To be sent within 7 days from the date on which the new manager takes charge. To be sent within 12 hours of the accident. If workers dose not report to duty within 48 hours of the accident the managers shall send a report within 24 hours after the expiry of 48 hours ------------------------------Report to be sent once every 15 days till worker report to duty

18

88

96B

Report of accident

18A 18B

88A 88

96(3) 96(6)

Report of dangerous occurrences Report of further details of accident

The following returns to be submitted under various Acts.

Form 21 22 Section 110 110 Periodicity Purpose FACTORIES ACT Half yearly return Once in a 6 100(1) for half year months ending 30 June Return for the 100(2) Annual year ending 31 December EMPLOYMENT EXCHANGE RULES Quarterly return Once in 3 for the quarterly 6 month ended 6 36 Once in 2 year Monthly Occupational returns Return of Rule Remarks ---------

-----

ERI ERII 5&

5 5 --

----

EMPLOYEES PROVIDENT FUND SCHEME

To be sent along

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10 12A Form ---Section Rule Monthly Periodicity

additional & deletion Details of contribution paid Purpose

with form 2 Return of contribution recovered paid to the commissioner Remarks Every employer shall send this form along with the consolidated statement within one month from the date of expiry of currency period. When a member leaves a services, the employer shall send the contribution card before the 20th day of the month To send within one month of close, of period of currency this form showing total amount of recoveries made during the period. To be sent along with form 1 should obtain acknowledgement for furnishing of particulars. No of employee paid the welfare contribution of the employee as well as employed contribution paid. Particular showing the name of the employee offence made by him date of suspension and

3A

43

yearly

Return of contribution

6A

-----

38(3)

Annual

Consolidated annual contribution statement

TNLWB

6(3)

Half yearly

Return

15

12(4)

Annual

Statement showing the particular of contribution amount paid. Half yearly returns

----

Half yearly

35

5(1)

Annual

Statement of national &festival holidays

details of subsistence allowance paid. Approved list duly signed by the employer

The following notices should be displayed under various Acts.

Form no To be sent Purpose to whom FACTIRIES ACT

Section

Rule

Remarks Prescribed for relays, group. Nature of owns lunch and breaks and weekly holiday etc to be in duplicate any proposed change in the system of work has to be notified. Deceleration of holiday objectives to be sent within a period of 15 days from the date on within the notice was displayed Remarks To be displayed within 7 days of receipt if

11

61,72.10 8

79

Notice of period of Inspector of work inform 11 factories both English and Tamil

NATIONAL FESTIVAL HOLIDAY ACT

II

3(2)

IF

Notice by the employer

Form no III

Section 3,3(5)

Rule 4(4)

To be sent to whom Employer

Purpose Notice final approval of the inspector

36

5(2)

6A

If employee

Notice to employee to work on a holiday

communication in duplicate this will take effect from the first day of the calendar year In duplicate sign to be obtained from the employee. Where there are more than 100 employee notice has be displayed separately for each section in the department Within 30 days of the act becoming applicable

MINMIUM WAGES ACT

VI

26(3)

6A

Notice of rule of wages to be paid

PAYMENT OF GRATUITY ACT

A 3(1) Notice of opening

APPLICATIONS
Form Section Rule To be sent to whom Purpose Factories act To apply for permission to construct extend or take into use any buildings Application for registration &grant of renewal of license Remarks In triplicate to apply before one month In triplicate to apply before 30th October every year in case of yearly renewal. In case of owners to apply two month before the expiring of the period

FACTORIES ACT
1 7 3

6(1)

4,6

ESI ACT 37

Employer registration form 12 10B Apr regional officer

Upon receiving this form, if the regional office is satisfied it will allot the code no information the employee Remarks

Form

Section

Rule

To be sent to whom

Purpose factories act

11

---- do ----

Declaration form The employer by an employer shall require every employee to furnish particular required in this form Family form declaration Every insured person shall furnish particular of his family this has to be sent within 10 days Changes in form IA ----- do----Exemption To apply for exemption for certain classes of employees by a

IA

15A

--- do ----

IB

15B

--- do ----

EMPLOYEES PROVIDENT FUND ACT

27 Commissione r

MINIMUM WAGES ACT

VI 20(2) 27 Commissione r Application employer

PAYMENT OF GRATUITY
I 4(1) 7(1) Employer Application gratuity by employee To apply within 30 for days of an Superannuation or retirement for Within 30 days a

J K

4(1) 4(1)

7(2) 7(3)

Employer Employer

Application gratuity by nominee Application by legal Within one year heir

38

39