Articles explains about Purpose, Requirement of Registration and No. of members for Applicability of Labour Welfare Fund Act (of respective States), Shops & Commercial Establishment Act (of respective States),The Employee’s Compensation Act, 1923, Trade Unions Act, 1926, Payment of Wages Act, 1936, Weekly Holiday Act, 1942, Industrial Employment (Standing Orders) Act, 1946, Industrial Disputes Act, 1947, Minimum Wages Act, 1948, Employees’ State Insurance Act, 1948, Factories Act, 1948, The Plantation labour Act, 1951, The Mines Act, 1952, Employees Provident Fund & Miscellaneous Provisions Act, 1952, Maternity Benefit Act, 1961, Payment of Bonus Act, 1965, Contract Labour (Regulation & Abolition) Act, 1970, Payment of Gratuity Act, 1972, Equal Remuneration Act, 1976, Bonded Labour System (Abolition) Act, 1976, Inter-State Migrant Workmen (Regulation of Employment & condition of service) Act, 1979, Child Labour (Prohibition & Regulation) Act, 1986, Building & Other construction Workers (Regulation of employment & condition of service) Act, 1996 and Sexual Harassment at Work Place (Prohibition, Prevention, Redressal) Act, 2013.
Sr. No. | Names | Purpose | Registration | No. of members |
1 | Labour Welfare Fund Act (of respective States) | Carry out various activities conducive to the welfare of labour in the State. | As per Respective States Act. | |
2 | Shops & Commercial Establishment Act (of respective States) | Contain provisions relating to registration of an establishment, working hours, overtime, leave, privilege leave, notice pay, working conditions for women employees, etc. | ||
3 | The Employee’s Compensation Act, 1923 | Provide financial protection to workmen and their dependents. | By default | Exclude ESI registered establishments. |
4 | Trade Unions Act, 1926 | Provide for the registration of Trade Unions in India and the protection of the same. | Not Compulsory | Min. 7 Employees / workers can form Trade Union. |
5 | Payment of Wages Act, 1936 | Regulate the payment of wages to certain classes of employed persons. | By default | |
6 | Weekly Holiday Act, 1942 | Grant of weekly holidays to persons employed in shops, restaurants and theatres. | By default | |
7 | Industrial Employment (Standing Orders) Act, 1946 | Bring uniform terms and conditions of service in various industrial establishments. | Compulsory | > 100. |
8 | Industrial Disputes Act, 1947 | Resolve any differences of opinion between Employer & Workmen or Workmen & Workmen. | By default | |
9 | Minimum Wages Act, 1948 | Provides for fixing of minimum rates of wages in certain employments. | By default | |
10 | Employees’ State Insurance Act, 1948 | Providing certain benefits to employees & their dependents in case of sickness, maternity and employment injury. | Compulsory | > 10 & withdrawing remuneration of < Rs.10,000. |
11 | Factories Act, 1948 | Health, safety, welfare and service conditions of workmen working in factories. | Compulsory | > 10 working with aid of Power or > 20 working without aid of Power. |
12 | The Plantation labour Act, 1951 | Provide for the welfare of labour and to regulate the conditions of workers in plantations. | By default | |
13 | The Mines Act, 1952 | Secure safety and health and welfare of workers working in the mines. | By default | > 18 Years of Age. |
14 | Employees Provident Fund & Miscellaneous Provisions Act, 1952 | Institution of provident funds, pension funds, and deposit-linked insurance funds. | Compulsory | > 20 & drawing remuneration of > Rs.15,000. Even if no. of employees fall below 20 still Act will be applicable once registered. |
15 | Maternity Benefit Act, 1961 | Employment of women in certain establishments for a certain period before and after childbirth and provides for maternity benefits and certain other benefits including maternity leave, wages, bonus, nursing breaks, etc. | By default | > 10 employees (irrespective of Gender) & not apply to establishments covered under ESI for maternity benefits. |
16 | Payment of Bonus Act, 1965 | Payment of bonus to persons employed in certain establishments in India either on the basis of profits or on the basis of production or productivity. | Compulsory | > 20 & withdrawing remuneration of < Rs.10,000 & worked for 30d in a month. |
17 | Contract Labour (Regulation & Abolition) Act, 1970 | Prohibit the employment of contract labour; and regulate the working conditions of the contract labour. | Compulsory | > 20 Contract Labours. |
18 | Payment of Gratuity Act, 1972 | Payment of “gratuity”, a reward for long service, as a statutory retiral benefit. | Compulsory | > 10 & Employees who complete service of 5 years or more. |
19 | Equal Remuneration Act, 1976 | Payment of equal remuneration to men and women workers for the same work and prevents discrimination. | By default | |
20 | Bonded Labour System (Abolition) Act, 1976 | Abolition of the bonded labour system with a view to prevent the economic and physical exploitation of the weaker sections. | By default | |
21 | Inter-State Migrant Workmen (Regulation of Employment & condition of service) Act, 1979 | Provide for the conditions of service and for matters connected therewith. | Compulsory | > 5 Inter State Migrant Employees / Workmen. |
22 | Child Labour (Prohibition & Regulation) Act, 1986 | Secure labour protection to children. | By default | |
23 | Building & Other construction Workers (Regulation of employment & condition of service) Act, 1996 | Regulate matters related to their safety, health & welfare & any other matters incidental thereto. | By default | |
24 | Sexual Harassment at Work Place (Prohibition, Prevention, Redressal) Act, 2013 | Compulsory | > 10. |
what does by default mean
what does by default mean
Kindly make necessary changes in withdrawing remuneration pertaining to ESI and the BONUS Act.
is Maharashtra welfare fund required to be paid for each company even though it is trading company and all professionally qualified employees are employed