Professional Documents
Culture Documents
T. Siva Kumar
Compiled from:
Elements of Mercantile Law by N.D.Kapoor (2007),
http://labour.nic.in/act/welcome.html
Various postings in www.citehr.com
Law
What is law?
Law includes all the rules & principles which regulate our
relations with other individuals & with the state.
Object of law?
To establish socio-economic justice and remove the
existing imbalance in the socio-economic structure.
Object?
To provide for the payment of compensation by certain
classes of employers to their workmen for injury by
accident.
Note: Workmen who are covered under ESI Act, 1948 are not
entitled to compensation under this Act as disablement and
dependants benefit is available to workmen under the former act.
Disablement?
Disablement means loss of capacity to work or to
move
It may result in loss or reduction of his/her earning
capacity.
Disablement may be
Partial
Total
Further it may be
Permanent
Temporary
Employers liability for
compensation
1. Personal injury
2. Occupational Disease
Note: Where the monthly wages of workman exceed Rs. 4000, his monthly
wages shall be deemed to be Rs.4000 only.
Trade Unions Act, 1926
Trade Union An association of workers in a
particular craft or industry and now it symbolize
Workers right to organize
Their right to press their demands collectively and to go
on strike if their demands are not accepted
Object?
To regulate the conditions governing the
registration of trade unions
Obligations imposed upon a registered trade union
and
Rights & liabilities of registered trade unions
Indian Partnership Act, 1932
A contract of uberrimae fidei- utmost good faith i.e partnership
contract must run with mutual trust and confidence
Min: 2 competent persons
Max: on banking business should not exceed 10, any other
business not exceeding 20
Profit must be distributed in agreed ratio
Documents which contains the agreement is called Partnership
Deed and it contains
nature of business,
principal place of business,
name and address of the partners,
management,
accounts
Deed must be duly stamped as required by the Indian Stamp Act,
1889
Payment of Wages Act, 1936
Object?
To avoid with holding wages, delays in paying wages & making
unreasonable deductions out of wages.
This Act is applicable to persons whose wages does not exceed Rs. 6500 per
month (2005) or such other higher sum which, on the basis of figures of the
Consumer Expenditure Survey published by the National Sample Survey
Organisation, the Central Government may, after every five years, by notification
in the Official Gazette.
Wage period shall not exceed 1 month
Time of payment of wages
<1000 persons before the expiry of the 7 th day of the following wage period
>1000 persons - before the expiry of the 10 th day of the following wage period
Termination of employment before 2nd working day from the terminated day
Wages to be paid on a working day
Deductions from wages
Medium of payment of wages current coin or currency
notes or both, after obtaining written authorization of the
employed person, payment can be made either by cheque or
by crediting the wages in bank account
Object?
To require employers in industrial establishments
to define with sufficient precision the conditions of
employment under them & to make the said
conditions known to workmen employed by them.
Matters to be provided in Standing
Orders
Classification of workmen
Manner of intimating to workmen about periods & hours of work,
holidays, pay days & wage rates
Shift working
Attendance & late coming
Conditions of procedure in applying for, and the authority which
may grant leave & holidays
Requirement to enter premises by certain gates, & liability to
search
Closing & reopening of sections in Industrial Establishment,
temporary stoppages of work & the rights & liabilities of workmen
& employer arising therefrom.
Termination of employment & respective notice
Suspension or dismissal for misconduct & related actions
Redress mechanism against unfair treatment
Procedure for Certification of Standing
orders
The Industrial Disputes Act,
1947
Object?
To secure industrial peace
By preventing & settling industrial disputes between the
employers & workmen
By securing & preserving amity & good relations between the
employers & workmen through an internal Works Committee
By promoting good relations through an external machinery
of conciliation, Courts of Inquiry, Labor Courts, Industrial
Tribunals & National Tribunals
To improve the condition of workmen in industry
By redressal of grievances of workmen through a statutory
machinery
By improving job security
What is Industrial dispute?
It means any dispute or difference between
employers & employers
employers & workmen
workmen & workmen, which is connected with
a) The employment or non-employment
b) The terms of employment
c) The conditions of labor of any person
Adjudication Machinery
Labor Courts
Industrial Tribunal
National Tribunal
Factories Act, 1948
Factory means any premises where in a
manufacturing process
10 or more persons are engaged if power is used
or
20 or more persons are engaged if power is not
used
Object?
To protect children & to provide for some
health & safety measures.
State Government / Chief
Inspector
1. Site Approval for a factory before it is constructed
2. Submission of plans of Factories
3. Registration & Licensing of Factories
4. Appeal to State/Central Govt within 30 days if permission
is refused by Chief Inspector/State Govt respectively
5. Notice by the occupier
Name & address of the factory, owner & occupier
Address for communication
Nature of manufacturing process
Total rated horsepower
Name of the manager
No. of workers likely to be employed etc
Health of workers
Cleanliness
Disposal of wastes & effluents
Ventilation & Temperature
Dust & fume
Artificial humidification
Overcrowding
Lighting
Drinking water
Latrines & Urinals
Spittoons
Safety of workers
Fencing of machinery
Work on near machinery in motion
Employment of young persons on dangerous machine
Striking gear & devices for cutting off power
Self acting machines
Casting of new machinery
Prohibition of employment of women & children near cotton
opener
Hoists & Lifts
Lifting machine, chains, ropes & lifting tackles
Revolving machinery
Safety of workers
Pressure plant
Floors, stairs and means of access
Pits, sumps, openings in floors etc
Excessive weights
Protection of eyes
Precautions against dangerous fumes
Precautions regarding the use of portable electric light
Precautions against explosive or inflammable dust, gas, fire etc.
Power to require specifications of defective parts or tests of
stability
Safety of building & machinery
Maintenance of building
Safety officers
Welfare of workers
Washing facilities
Facilities for storing & drying clothes
Facilities for sitting
First aid appliances
Canteens
Shelter, rest rooms & lunch rooms
Creches (>30 women workers)
Welfare officers (>500 workers)
Working hours
Not more than 48hours per week or 9 hours per day
Intervals of rest fixed by factory
Women employees 6AM to 7PM
Benefits?
Sickness benefit
Maternity benefit
Disablement benefit
Dependants benefit
Medical benefit
Funeral expenses
Employee?
Any person employed for wages in or in connection with
the work of a factory or establishment
Directly employed by the principal employer
Contract employees
Wages?
All remuneration paid in cash to an employee except
employer contribution to pension & provident funds,
travelling allowance, special expenses paid and gratuity
payable on discharge
Contribution?
Contribution Sum of money payable to ESI Corporation by the
principal employer & employee
Contribution period Must not exceed 6 consecutive months
Authorized Officer?
Central PF Commissioner
Additional Central PF Commissioner
Deputy PF Commissioner
Regional PF Commissioner
Contribution is made to
Employees Provident Fund Scheme
Employees Pension Scheme & Fund
Employees Deposit Linked Insurance Scheme (EDLI) & Fund
Contribution
ESI is covered to employees whose wages are upto
Rs.10,000 per month
Basic Salary = Basic Wages + Dearness Allowance including
cash value of any food concession + Retaining Allowance
Company
Partnership
Regulated under Partnership Act 1932
Companies Act 1956
Exits after registration Registration not mandatory
under Co.Act 1956
Managed by Directors, Every partner should take
Board of Directors part in the management
Property and rights is Transferable to any or all
nontransferable to partners
shareholders
Company Vs Partnership
Shares are transferable when Shares cannot be transferred
the transferee becomes the without the concern of all
member partners
Shareholders is not the Each partner is an agenthas
agenthas no power power
Members Public Pvt Min-2
Min 7 2 Max- banking 10
Max No limit 50 others 20
Bound by law and audited No statutory provisions
annually
Only it can be dissolved Dissolved by death/
(Wound by provisions of insolvency of partner or
companies Act 1956) wound if it is for fixed period.
Public Co. Vs Private Co.
Public Co. Private Co.
Min members- 7 Min- 2
Max members - no limit Max - 50
Quorum members 5 2
Submission of Returns
Quarterly in Form ER-I - Within 30 days by 30th June, 31st March, 30th
September & 31st December
BIENNIAL Return Form ER-II Within 30 days of the due date as
notified in the Official Gazette
Apprentices Act, 1961
An apprentice is bound to obey his master in all
his lawful commands, take care of his property and
promote his interest, endeavor to learn his trade or
business, & perform all the conditions of his
contract not contrary to law. He must not leave his
masters service during the term of his
apprenticeship
Object?
To provide for the regulation & control of training of
apprentices
Types
Technician (Vocational) Apprentice
Undergo training for 2 years inorder to hold a certificate in
Wage?
Remuneration in cash + Cash Allowances including DA & HRA +
Incentives + Money value of food grains
Maternity benefit is a payment to a women (should have worked
atleast 80 days in the 12 months immediately proceeding the date
of her expected delivery ) at a rate of the average daily wage for
the period of her actual absence
Maternity benefit is given for a maximum period of 12 weeks, of
which not more than 6 weeks shall precede the date of her
expected delivery
Liabilities of Employer
Pregnant women are prohibited to work in establishments
during a period of 6 weeks immediately following the day of
her delivery or her miscarriage
Object?
To maintain peace & harmony between labor & capital by
allowing the employees, in recognition of their right, to share
in the prosperity of the establishment reflected by the
contributions made by capital, management & labor
Duties of employer
To pay equal remuneration to men and women workers for same work or
work of a similar nature
No discrimination to be made while recruiting [or promoting/training
/transferring] men and women workers except where the employment of
women in such work is prohibited or restricted by any law and it shall
not affect any reservations for SC, ST, Ex-Servicemen etc.
The set of professional tax slabs in India are different for all the 28 states in
India and some of the states have formulated different professional tax slabs
for men, women, and the senior citizens of the respective states.
Eg: Tamil Nadu's Tax Slabs: Half yearly basis Half yearly Income Monthly Professional Tax
Less than Rs.21000 Nil
Between Rs.21001-Rs.30000 Rs.75
Between Rs.30001-Rs.45000 Rs.188
Between Rs.45001- Rs.60000 Rs.390
Between Rs.60001- Rs.75000 Rs.585
Beyond Rs.75001 Rs.810
Date of payment
15th of succeeding month + additional 5 days grace
Inter-state Migrant Workmen
(Regulation of Employment &
Conditions of Service ) Act, 1979
Object?
To regulate the employment of inter-State migrant
workmen and to provide for their conditions of
service and for matters connected therewith.
Journey allowance the fare from the place of residence of the inter-State
migrant workman in his State to the place of work in the other State
To ensure regular payment of wages, equal pay for equal work irrespective of
sex, in case of fatal accident or serious bodily injury to any such workman to
report to the specified authorities of both the States and also the next-of-kin of
the workman
Child Labour (Prohibition and
Regulation) Act, 1986
Object?
To prohibit the engagement of children in certain
employments and to regulate the conditions of work or
children in certain other employments.
Child means a person who has not completed his fourteen years
of age.
Penalties
Violations under Section-3 shall be
punishable with imprisonment - 3 months to 1 year or
to 2 years.
Unorganized Workers Social
Security Act, 2008
Object?
To provide for the social security and welfare of
unorganised workers and for other matters
connected therewith or incidental thereto.