Pandey Associates

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OTHER LABOUR LAWS

THE MINIMUM WAGES ACT,1948

Since exaction of labour and service against payment of less than the minimum wages amounts to forced labour and violates Article 23 of the Constitution,the Minimum wages Act has been enacted to ensure that the employer pays minimum wages to the employees as fixed or revised by the appropriate Government in certain employments in accordance with the procedure as laid down under the Act.Keeping in view the Directive Principles of State Policy embodied in Article 43 of the Constitution,the Act ensure physical subsistence,maintenance of health and decency.View Pandey Associates   Pandey Associates

THE PAYMENT OF WAGES ACT, 1936

Payment of wages Act aims at regulating the payment of wages to certain classes of persons employed in any factory or railway administration or by a person fulfilling certain contract with railway administration or to any industrial establishment to which a state Government by notification has extended the Act.An employer has thus statutory obligation to make the payment of wages within the prescribed period.

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT,1959

In India, Employment Exchanges were established in 1943-44 by Government as a service to industry as well as to the seeker for employment and also to meet the needs of personnel for war production.During that year some of the Employment Exchanges were run on a voluntary basis and were open to technical personnel only. The number of employment agencies is expanding.Compulsory notification of all vacancies to employment exchanges is now required under the law.Though the notification of vacancies is compulsory,selection of workman and employees still rests with the employers,who are free to call on other sources also.

THE EQUAL REMUNERATION ACT,1976

The Equal Remuneration Act,1976 provides for payment of equal remuneration to men and women workers and for the prevention of discrimination,on the ground of sex,against women in the matter of employment and for matters connected therewith or incidental thereto.Artical 39 of the constitution envisages that the state shall direct its policy,among other things,towards securing that there is equal pay for equal work for both men and women.

THE FACTORIES ACT,1948

The beginning of modern legislation lies in factory legislation.The rapid industrialisation and urbanisation without any planning resulted in insanitary and crowded living.The quest for making quick bucks,unmindful of its social consequences caused the hours of work to be excessive;even the children of tender ages were required to work more than twelve hours a day which has necessitated passing of Factory Act,1948 aiming at protecting human beings from being subjected to unduly long hours of bodily strain or manual labour.TheAct provides that employees should work in healthy and sanitary conditions so far as the manufacturing process will allow and that precautions should be taken for their safety and for the prevention of accidents.

THE INDUSTRIAL DISPUTES ACT, 1947

The object of the Industrial Disputes Act,1947 is not only to make the provisions for investigating and settlement of the industrial disputes, but also to secure industrial peace so that it may result in more production and improve national economy. Futhermore the Act aims to ensure fair terms to workmen and to prevent disputes between the employer and the employees so that production may not be adversely affected in the large interest of public. The Act is one of the pieces of social welfare legislation protecting labourers,promoting their contentment and regulates situations of crisis and tension where production may be imperiled by untenable strikes and black-mail lock-outs.

THE MATERNITY BENEFIT ACT,1961

Although maternity protection had been available under the different state Acts and three central Acts,viz.,the Mines Maternity Benefit Act,1947,the Employees' state Insurance Act,1948(34 of 1948) and the Plantation Labour Act,1951(69 of 1951),yet there has been considerable diversity in their provisions relating to qualifying conditions, period and rate of benefit,etc.The Maternity Benefit Act,1961(53 of 1961),has been enacted in order to reduce as far as possible the existing disparities in this respect. By an amendment No-29 of 1995 effective from 1-2-1996 a female employee will be eligible for leave with wages of 6 weeks in case of miscarriage or medical termination of pregnancy on production of such proof.

THE PAYMENT OF BONUS ACT, 1965

The payment of Bonus Act applies to every factory and every other establishment in which twenty or more persons are employed on any day during an accounting year.

THE PAYMENT OF GRATUITY ACT, 1972

The payment of Gratuity Act, 1972 was enacted to introduce a scheme for payment of gratuity for certain employees employed in industrial and commercial establishments, as a measure of social security

THE WORKMEN'S COMPENSATION ACT, 1923

The Workmen's Compensation Act, 1923 is the earliest national legislation to provide compensation to certain classes of workmen by their employers for injury which may be suffered by the workmen as a result of an accident during the course of employment. The general principle is that a workman who suffers injury in course of his employment should be entitled to compensation and in case of a fatal injury his dependents should be compensated. The Act provides security to the workmen who receive partial incapability resulting in a loss in the earning capacity.

THE APPRENTICES ACT,1961

Apprentices Act,as passed by parliament in 1961,regulates the needs of trained craftsman for industry by utilising the training facilities available in the industry so as to supplement the availability of trained technical personnel.It is a statutory obligation of every Industry/Establishment having training facilities according to syllabus in a designated trade under the Apprentices Act,1961to train a number of apprentices according to ratio of the trade in their establishment.

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT,1986

Child Labour(Prohibition and Regulations)Act,1986 is a social welfare legislation aiming to prohibit the engagement of children in certain employments and to regulate the conditions of work children in certain other employments.A "child" means a person who has not completed his fourteen years of age.

THE EMPLOYERS' LIABILITY ACT,1938

The Act provides that certain defences shall not be raised in suits for damages in respect of injuries sustained by workmen.

Services Offered

  • Consultancy for implementation of various rules & procedures as defined in the Act.
  • Maintenance of records
  • Liasioing with concerned official during Inspection
  • Presentation/representation in the court of law
  • Submission of periodical MIS to client with regards to latest status of their work
  • Online query handling through mail and over the phone
  • Availability of Key Information through our website 24x7 Updating to client on latest changes in time
  • Display of abstract & periodic revision of the same
  • Consultancy, Making and submission of prescribed returns.