HR Laws Check List

 I have Attached HR Laws Check List

 

A BRIEF CHECK LIST OF

LABOUR LAWS

 

APPRENTICES ACT, 1961

CHECKLIST

CONTRACT LABOUR(REGULARATION & ABOLITION) ACT,1970 & THE RULES

CHECKLIST

 

EMPLOYEES’ PROVIDENT FUNDS & MISC. PROVISIONS ACT, 1952

& THE SCHEMES

CHECKLIST

EMPLOYEES’ STATE INSURANCE

ACT, 1948 & the SCHEME

CHECK LIST

WAGES FOR ESI CONTRIBUTIONS

Registers/files to be maintained by the employers

To be deemed as wages

 

  • Basic pay
  • Dearness allowance
  • House rent allowance
  • City compensatory allowance
  • Overtime wages (but not to be taken into account for determining the coverage of an employee)
  • Payment for day of rest
  • Production incentive
  • Bonus other than statutory bonus
  • Night shift allowance
  • Heat, Gas & Dust allowance
  • Payment for unsubstituted holidays
  • Meal/food allowance
  • Suspension allowance
  • Lay off compensation
  • Children education allowance (not being reimbursement for actual tuition fee)

NOT to be deemed as wages

 

  • Contribution paid by kthe employer to any pension/provident fund or under ESI Act.
  • Sum paid to defray special expenses entailed by the nature of employment – Daily allowance paid for the period spent on tour.
  • Gratuity payable on discharge.
  • Pay in lieu of notice of retrenchment compensation
  • Benefits paid under the ESI Scheme.
  • Encashment of leave
  • Payment of Inam which does not form part of the terms of employment.
  • Washing allowance for livery
  • Conveyance Amount towards reimbursement for duty related journey
Penalties

 

Different punishment have been prescribed for different types of offences in terms of Section 85: (I) (six months imprisonment and fine Rs.5000), (ii) (one year imprisonment and fine), and 85-A: (five years imprisonment and not less to 2 years) and 85-C(2) of the ESI Act, which are self explanatory.  Besides these provisions, action also can be taken under section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust.

 

FACTORIES ACT, 1948

CHECK LIST

 

 

 

OFFENCE PENALTIES                                                     Sec.92 to
  • For contravention of the Provisions of the Act or Rules
  • Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
  • On Continuation of contravention
  • Rs.1000 per day
  • On contravention of Chapter IV pertaining to safety or dangerous operations`.
  • Not less than Rs.25000 in case of death.
  • Not less than Rs.5000 in case of serious injuries.
  • Subsequent contravention of some provisions
  • Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.
  • Obstructing Inspectors
  • Imprisonment upto 6 months or fine upto Rs.10,000 or both.
  • Wrongful disclosing result pertaining to results of analysis.
  • Imprisonment upto 6 months or fine upto Rs.10,000 or both.
  • For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.
  • Imprisonment upto 7 years with fine upto Rs.2,00,000 and on continuation fine @ Rs.5,000 per day.
  • Imprisonment of 10 years when contravention continues for one year.

 

EMPLOYMENT EXCHANGES

(COMPULSORY NOTIFICATION OF VACANCIES)

ACT, 1959 & THE RULES

CHECK LIST

 

 

 

 

 

 

 

INDUSTRIAL DISPUTES ACT, 1947

INDUSTRIAL EMPLOYMENT

(STANDING ORDERS) ACT, 1946 & THE RULES

CHECK-LIST

MATERNITY

BENEFIT ACT, 1961

CHECK LIST

 

 

 

 

 MINIMUM WAGES ACT, 1948

 

CHECK LIST

 

Wages for two class of work

Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, wages at not less than the minimum rate in respect of each such class.          Sec. 16

Maintenance of registers and records

  • Register of Fines – Form I Rule 21(4)
  • Annual Returns – Form III Rule 21 (4-A)
  • Register for Overtime – Form IV Rule 25
  • Register of Wages–Form X, Wages slip–Form XI, Muster Roll–Form V Rule 26
  • Representation of register – for three year Rule 26-A                         Sec. 18

Minimum time rate wages for piece work

Not less than minimum rates wages as fixed .                                        Sec. 17

Claims by employees

  • To be filed by before authority constituted under the Act within 6 months.
  • Compensation upto 10 times on under or non-payment of wages Sec. 16

 

PENALITIES Offence Punishment

Sec. 20

For paying less than minimum rates of wages Imprisonment upto 6 months or with fine upto Rs.500/-
For contravention of any provisions pertaining to fixing hours for normal working day etc. Imprisonment upto 6 months or with fine upto Rs.500/-

SALES PROMOTION EMPLOYEES (CONDITIONS

OF SERVICE) ACT, 1976 & THE RULES

CHECKLIST

 

 

 

 

TRADE UNIONS ACT, 1926

CHECKLIST

 

 

PAYMENT OF BONUS ACT, 1965 & THE RULES

CHECKLIST

Applicability of Act

Every factory where in 10 or more persons are employed with the aid of power or

An establishment in which 20 or more persons are employed without the aid of power on any day during an accounting year

Establishment

 

Establishment includes

Departments, undertakings and branches, etc.

Separate establishment

 

If profit and loss accounts are prepared and maintained in respect of any such department or undertaking or branch, then such department or undertaking or branch is treated as a separate establishment.

Sec.3

Computation of available surplus

 

Income tax and direct taxes as payable.

Depreciation as per section 32 of Income Tax Act.

Development rebate, investment or development allowance.

Sec.5

 

Components of Bonus

 

Salary or wages includes dearness allowance but no other allowances e.g. over-time, house rent, incentive or commission.

Sec.2(21)

 

 

 

 

Disqualification & Deduction of Bonus

 

On dismissal of an employee for

  • Fraud; or
  • riotous or violent behaviour while on the premises of the establishment; or
  • theft, misappropriation or sabotage of any property of the establishment or
  • Misconduct of causing financial loss to the Employer to the extent that bonus can be deducted for that year.

Secs. 9 & 18.

Computation of gross profit

For banking company, as per First Schedule.

Others, as per

Second Schedule

Sec.4

Eligible Employees

 

Employees drawing wages upto Rs.3500 per month or less.

For calculation purposes Rs.2500 per month maximum will be taken even if an employee is drawing upto Rs.3500 per month.

Sec.12

Note: The proposal to enhance the existing ceiling of Rs.3500 is under active consideration by the Govt.

 

Eligibility of Bonus

 

An employee will be entitled only when he has worked for 30 working days in that year.

Sec. 8

Payment of Minimum Bonus

8.33% of the salary or Rs.100 (on completion of 5 years after 1st Accounting year even if there is no profit)

Sec.10

Sec. 8

Time Limit for
Payment of Bonus

Within 8 months from the close of accounting y ear.            Sec. 19

Set-off and
Set-on

As per Schedule IV.

Sec. 15

 

 

 

 

 

 

 

 

Maintenance of Registers and Records etc.

 

  • A register showing the computation of the allocable surplus referred to in clause (4) of section 2, in form A.

 

  • A register showing the set-on and set-off of the allocable surplus, under section 15, in form B

 

  • A register showing the details of the amount of bonus due to each of the employees, the deductions under section 17 and 18 and the amount actually disbursed, in form C.

Sec.26, Rule 4

Act not applicable to certain employees of LIC, General Insurance, Dock Yards, Red Cross, Universities & Educational Institutions, Chambers of Commerce,  Social Welfare Institutions, Building Contractors, etc. etc. Sec.32.

 

 

PENALTY

For contravention of any provision of the Act or the Rule

Upto 6 months or with fine upto Rs.1000.        Sec.28

 

Sec.

2(s)

Sec.

1

PAYMENT OF

GRATUITY

ACT, 1972 & THE RULES

 

CHECKLIST

 

 

 

 

PAYMENT OF WAGES ACT, 1936

CHECKLIST

 

WORKMEN’S COMPENSATION

ACT,  1923

CHECKLIST

 

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