Handbook of Compliances under Labour Laws  
Published by Bloomsbury Publishing India Pvt. Ltd
Publication Date:  Available in all formats
ISBN: 9789390077779
Pages: 436

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This is a very well researched, comprehensive and to the point book on the labour laws. It has been outlined keeping in mind especially the requirements of the professionals in practice and challenges faced by the Human Resources professionals in their day to day working. Not only does this book provide a broad understanding of the concepts of labour laws but also aims to provide clarity about the fundamentals of the labour laws in a concise and accurate manner. All the important provisions and compliances have been minutely examined and all the intricacies have been thoroughly explained for the purpose of simplifying the same for day to day usage by the professionals. The simple and lucid language makes it easy to understand and quickly go through the various aspects of the law. Unlike other books, this book doesn’t contain the language copied from the acts. The book paints a meticulously integrated and holistic picture of the labour laws. As such, the book stands true to its name and serves the purpose of ‘A PRACTICAL GUIDE TO LABOUR LAWS’.

KEY FEATURES:

• Simple and lucid language.

• Meticulously updated judgements.

• Elaborate description of important provisions under ‘Points to Ponder’.

• Doubt clearance under ‘Frequently Asked Questions’.

• Usage of table and charts for better understanding.

• Comprehensive coverage of issues related to labour law compliances.

• Covers common concerns in the Industry.

• Compliance Checklist with relevant provisions.

• A practical guide to labour laws for practicing professionals and human resource professionals.

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Description

This is a very well researched, comprehensive and to the point book on the labour laws. It has been outlined keeping in mind especially the requirements of the professionals in practice and challenges faced by the Human Resources professionals in their day to day working. Not only does this book provide a broad understanding of the concepts of labour laws but also aims to provide clarity about the fundamentals of the labour laws in a concise and accurate manner. All the important provisions and compliances have been minutely examined and all the intricacies have been thoroughly explained for the purpose of simplifying the same for day to day usage by the professionals. The simple and lucid language makes it easy to understand and quickly go through the various aspects of the law. Unlike other books, this book doesn’t contain the language copied from the acts. The book paints a meticulously integrated and holistic picture of the labour laws. As such, the book stands true to its name and serves the purpose of ‘A PRACTICAL GUIDE TO LABOUR LAWS’.

KEY FEATURES:

• Simple and lucid language.

• Meticulously updated judgements.

• Elaborate description of important provisions under ‘Points to Ponder’.

• Doubt clearance under ‘Frequently Asked Questions’.

• Usage of table and charts for better understanding.

• Comprehensive coverage of issues related to labour law compliances.

• Covers common concerns in the Industry.

• Compliance Checklist with relevant provisions.

• A practical guide to labour laws for practicing professionals and human resource professionals.

Table of contents
  • Cover
  • Title Page
  • Acknowledgement
  • About the author
  • Preface
  • Contents at a glance
  • Contents
  • Checklist
    • C.1 Contract Labour (R&A) Act, 1970
    • C.2 The Employee Provident Fund & Miscellaneous Provisions Act 1952 and Employee Provident Fund Scheme, 1952
    • C.3 Employee State Insurance Act, 1948
    • C.4 The Payment of Bonus Act, 1965
    • C.5 Payment of Gratuity Act 1972
    • C.6 Payment of Wages Act.
    • C.7 The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
    • C.8 The Factories Act 1948
    • C.9 The Apprentices Act 1961
    • C.10 Maternity Benefit Act, 1961
    • C.11 Minimum Wages Act, 1948
  • Chapter 1 Contract Labour (Regulation and Abolition) Act, 1970
    • 1.1 Introduction & Objective.
    • 1.2 Applicability.
    • 1.3 Points to Ponder
      • 1.3.1 Responsibilities of a Principal Employer
      • 1.3.2 Precautions to be taken by Principal Employer.
      • 1.3.3 Points to be considered while drafting a contract between Principal Employer and the Contractor.
      • 1.3.4 Implications of other labour laws on “ The Contract Labour (Regulation and Abolition ) Act,1970”
      • 1.3.5 Online Procedure for registering on ShramSuvidha Portal.
      • 1.3.6 Notification with regard to ease of compliance to maintain Registers under various Labour Laws Rules, 2016
    • 1.4 Contract Labour: Role of Judiciary and the Changing Scenario.
    • 1.5 Recent Judgements.
    • Frequently Asked Questions
    • Forms as per the Official Gazette Notification dated 28th March, 2017
    • Form I Office of the Registering Officer
    • Form II Application for Licence/Renewal of Licence under the Contract Labour (Regulation and Abolition) Act, 1970
    • Form III Form of Certificate by Principal Employer
    • Form V Application for Adjustment of Security Deposit
    • Form VI Office of the Licensing Officer
    • Form VII Notice of commencement/completion of work
    • Form VIII Service Certificate
    • Form XII Employment Card
    • Earlier Forms still in force in certain states
    • Form 1 Application for Registration of Establishment Employing Contract Labour
    • Form III Register of Establishments
    • Form IV Application for Licence
    • Form V Form of Certificate by Principal Employer
    • Form VI-A Notice of commencement/completion of contract work
    • Form VI-B Notice of commencement/completion of contract work
    • Form VII Application for Renewal of Licence
    • Form VIII Application for Temporary Registration of Establishments Employing Contract Labour
    • Form IX Temporary Certificate of Registration
    • Form X Application for Temporary Licence
    • Form XII Register of Contractors
    • Form XIII Register of Workmen Employed by Contractor
    • Form XIV Employment Card
    • Form XV Service Certificate
    • Form XVI Muster Roll
    • Form XVII Register of Wages
    • Form XVIII Form of Register of Wages-cum-Muster Roll
    • Form XIX Wage Slip
    • Form XXIII Register of Overtime
    • Form XXIV Return to be sent by the Contractor to the Licensing Officer
    • Form XXV Annual Return of Principal Employer to be sent to the Registering Office
    • Annexure to Form
  • Chapter 2 The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 & Employee Provident Fund Scheme, 1952
    • 2.1 Introduction
    • 2.2 Objective
    • 2.3 Points to Ponder
    • 2.4 Employee Provident Fund Scheme 1952
    • 2.5 Q&A based on Practical Issues
      • 2.5.1 Query 1
      • 2.5.2 Query 2
      • 2.5.3 Query 3
      • 2.5.4 Query 4
      • 2.5.5 Query 5
      • 2.5.6 Query 6
      • 2.5.7 Query 7
      • 2.5.8 Query 8
      • 2.5.9 Query 9
      • 2.5.10 Query 10
      • 2.6 Process for Generating the Electronic Challan cum Return (ECR)
    • Frequently Asked Questions
    • Matters
    • Matters to be provided for in the employees’ deposit-linked insurance scheme
    • New Form No.11 – Declaration Form
    • Form 1 The Employees Provident Funds Scheme, 1952 - Exemption under Paragraph 27 of the Scheme
    • Form 2 (Revised)Nomination and Declaration Form for Exempted/Unexempted Establishments
  • Chapter 3 The Payment of Gratuity Act, 1972
    • 3.1 Introduction
    • 3.2 Objective
    • 3.3 Points to Ponder
    • 3.4 Intimation of opening, change or closure of business
    • 3.5 Display of Notice
    • 3.6 Payment of Gratuity
    • 3.7 Nomination
    • 3.8 Forfeiture of Gratuity
    • Frequently Asked Questions
    • Form ‘A’ Notice of Opening
    • Form ‘B’ Notice of Change
    • Form ‘C’ Notice of Closure
    • Form ‘F’ Nomination
    • Form ‘G’ Fresh Nomination
    • Form ‘H’ Modification or nomination
    • Form ‘I’ Application of gratuity by an employee
    • Form ‘J’ Application for gratuity by a nominee
    • Form ‘K’ Application for gratuity by a legal heir
    • Form ‘L’ Notice for payment of gratuity
    • Form ‘M’ Notice rejecting claim for payment of gratuity
  • Chapter 4 The Payment of Bonus Act, 1965
    • 4.1 Introduction
    • 4.2 Objective
    • 4.3 Points to Ponder
    • 4.4 Q&A based on Practical Issues
      • 4.4.1 Query 1
      • 4.4.2 Query 2
      • 4.4.3 Query 3
    • Frequently Asked Questions
    • Form A Computation of the Allocable Surplus under Section 2(4)
    • Form B Set on and Set Off of Allocable Surplus under Section 15
    • Form C Bonus Paid to Employees for the Accounting Year ending on the___
    • Form D Annual Return – Bonus Paid to the Employees for the Accounting Year Ending on______
  • Chapter 5 The Employees’ State Insurance Act, 1948
    • 5.1 Introduction
    • 5.2 Objective
    • 5.3 Points to Ponder
    • 5.4 Employee State Insurance (General) Regulations, 1950
    • 5.5 Benefits under ESI
    • 5.6 Process for creating the ESIC Challan for depositing contribution
    • 5.7 Q&A based on Practical Issues
      • 5.7.1 Query 1
      • 5.7.2 Contract of service and contract for service
      • 5.7.3 Job works through contractors/immediate employers:
      • 5.7.4 Relevant Judgements
    • Frequently Asked Questions
  • Chapter 6 The Factories Act, 1948
    • 6.1 Introduction
    • 6.2 Purpose of the Act
    • 6.3 Points to Ponder
    • 6.4 Important Judgements
    • Frequently Asked Questions
    • Form 1 Application for permission to construct, extent or take into use any building as a factory
    • Form 3 Certificate of Stability
    • Form 2 Application for Registration and Grant or Amendment of licence and notice of occupation (to be submitted in triplicate)
  • Chapter 7 The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996&Building and other Construction Workers’ Welfare Cess Act, 1996
    • 7.1 Introduction
    • 7.2 Applicability
      • 7.2.1 Role of Hon’ble Supreme Court
    • 7.3 Building and Other Construction Workers’ Welfare Cess Act, 1996
      • 7.3.1 Introduction
      • 7.3.2 Applicability
      • 7.3.3 Points to Ponder
      • 7.3.4 Important Issues
      • 7.3.5 Role of Hon’ble Courts
    • 7.4 Recent Notification on Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017
    • 7.5 The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
      • 7.5.1 Abbreviations
    • 7.6 The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
      • 7.6.1 Application/Notice/Returns to be filed
    • 7.7 Comparative Chart of Registers to be maintained under BOCW Act and CLRA
    • Frequently Asked Questions
    • Forms under Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017
    • Form A Format of Employee Register
    • Form B Format for Wage Register
    • Form C Format of Register of Loan/Recoveries
    • Form I Application for Registration of Establishments Employing Building Workers
    • Form II [Grant of Certificate of Registration]
    • Form III Register of Establishments
    • Form IV Notice of Commencement/Completion of Building or other Construction Work
    • Form V Certificate of initial and periodical test and examination of Winches, derricks and their accessory gear
    • Form VI Certificate of Initial and Periodical Test and Examination of Cranes or Hoists and their Accessory Gear
    • Form VII Certificate of Initial and Periodical Test and Examination of Loose Gears
    • Form VIII Certificate of Test and Examination of Wire Rope before being taken into use
    • Form IX Certificate of Annealing of Loose Gears
    • Form X Certificate of Annual thorough Examination of Loose Gears exempted from Annealing
    • Form XI Certificate of Medical Examination
    • Form XII Health Register
    • Form XIII Notice of Poisoning or Occupational Notifiable Diseases
    • Form XIV Report of Accidents and Dangerous Occurrences
    • Form XV Register of Building Workers Employed by the Employer
    • Form XVI Muster-Roll
    • Form XVII Register of Wages
    • Form XVIII Form of Register of Wages-cum-Muster-Roll
    • Form XIX Register of Deductions for Damage or Loss
    • Form XX Register of Fines
    • Form XXI Register of Advances
    • Form XXII Register of Overtime
    • Form XXIII Wage Book
    • Form XXIV Service Certificate
    • Form XXV Annual Return of Employer to be sent to the Registering Officer
    • Form XXVI Register of Periodical Test—Examination of Lifting Appliance and Gears etc
  • Chapter 8 The Minimum Wages Act, 1948
    • 8.1 Introduction
    • 8.2 Objective
    • 8.3 Points to Ponder
    • 8.4 Q&A based on Practical Issues
      • 8.4.1 Query 1
      • 8.4.2 Query 2
    • Frequently Asked Questions
    • Minimum Wages (Central) Rules
    • Form I Register of Fines Rule 21(4)
    • Form II Register of deductions for damage or loss caused to the employer, by the neglect or default of the employed persons
    • Form III Annual Return Rule 21(4-A)
    • Form IV Overtime Register for Workers Rule 25(2)
    • Form V Muster Roll Rule 26(5)
  • Chapter 9 The Payment of Wages Act, 1948
    • 9.1 Introduction
    • 9.2 Objective
    • 9.3 Points to Ponder
    • 9.4 Q&A based on Practical Issues
      • 9.4.1 Query 1
    • Frequently Asked Questions
  • Chapter 10 The Apprentices Act, 1961
    • 10.1 Introduction
    • 10.2 Purpose of the Act
    • 10.3 Changes in the law
    • 10.4 Points to Ponder
    • 10.5 Latest Amendments in the Apprenticeship Rules, 1992
    • Frequently Asked Questions
    • Schedule III
    • Format 1 Model Contract of Apprenticeship Training for Major/Minor Apprentices
    • Format 2 Performa of Work Diary
  • Chapter 11 The Maternity Benefit Act, 1961
    • 11.1 Introduction
    • 11.2 Purpose of the Act
    • 11.3 Points to Ponder
    • 11.4 Q&A based on Practical Issues
      • 11.4.1 Query 1
      • 11.4.2 Query 2
    • Frequently Asked Questions
    • Form A Muster-Roll
    • Form B [Medical Certificate]
    • Form C [Death Certificate]
    • Form D [Certificate from Mid-wife]
    • Form E Notice under Section 6 of the Maternity Benefit Act, 1961
    • Form F Form of Receipt of Maternity Benefit
    • Form. 1 Notice under section 6 of the Maternity Benefit Act of 1961
    • Form “L” [Annual Return for the year ending on the 31st December, 19______]
    • Form “M” Employment, dismissal, payment of bonus, etc., of women for the year ending 31st December,______
    • Form “N” Details of payment made during the year ending 31st December, ______
    • Form O Prosecution during the year ending 31st December______
  • Chapter 12 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
    • 12.1 Introduction
    • 12.2 Objective
    • 12.3 Points to Ponder
    • 12.4 Frequently Asked Questions
  • eCopyright
Biographical note

Som Nath Munjal is M.A, L.L.B with Diploma in Personnel Management and Industrial Relations. He retired as Deputy Labour Commissioner (Government of NCT of Delhi) after 36 years of service.

During the tenure of his service, he worked as Controlling Authority and later on as Appellate Authority under the payment of Gratuity Act, Authority under Minimum Wages Act, 1948 and under Delhi Shops and Establishments Act, 1954. He also worked as Commissioner under The Employee’s Compensation Act, 1923. Besides Quasi-Judicial position he held various senior positions like Supervisor of the Enforcement of labour laws and as a Conciliation Officer thereby handling all types of Industrial Disputes by settling all complicated matters. His work experience also includes working as Registering and Licensing Officer under the Contract Labour (R&A) Act, 1970 and Certifying officer under the Industrial Employment (Standing Orders) Act. Further, he was also a Deputy Labour Commissioner with a team of Assistant Labour Commissioners, Labour Officers, and Inspectors besides the clerical staff who assisted him.

He is currently practicing as an Advocate and has been rendering support on employment law to various Indian and International business houses across India.

Saurabh Munjal is faculty of Law, Delhi University alumnus and LLM from Bharti Vidyapeeth University. He has sharp legal skills and work experience of about twelve years rendering quality advisory and core litigation support to various domestic and international business clients.

His forte lies in advising and devising strategy for national and international clients on negotiating agreements and due-diligence. He has been advising and providing legal support on employment law to prestigious domestic and international clients that includes employment law advisory, dispute resolutions before fora, audit and compliances, conducting training workshops for HR Managers etc. He represents matters before various High Courts and various District Courts and authorities.

He is frequently invited as a speaker to several conferences and seminars organised by leading institutes including ICSI and various other organisation, companies etc.

Excerpt

First published in India 2019

© 2019, Bloomsbury Publishing India Pvt. Ltd.

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Acknowledgements

We would not have been able to complete this book without the strong support of our team and timely assistance from them, who took time out of their busy schedules to help us in completing this book.

First and foremost we would like to thank Ms Prachi for her infinite support. Ms Prachi (M.B.A (HR), D.L.L) is one of the finest HR professional and has worked with prestigious banks. She has good in-hand knowledge of Industrial Relations & Labour Laws. Among other things she has a flair for writing. I thank her for her ideas in making this book reader friendly and appealing. She has done most of the spade work for us. At times, the work pressure was so high, we felt we should defer the plan of writing the book; but, she helped me in every possible way to complete what we had started.

We would also like to thank Mr Vaibhav Munjal (MBA, LLB) for his ardent efforts and for providing support in doing research work. He has helped us in preparing write-ups, tables and figures. He has unparalleled perseverance and we thank him for taking time out for the purpose of this book.

My gratitude goes out to the publishers of this book, Bloomsbury India and all the fine people in the editorial team, including Mr Toby Thomas, Ms Komal Chadha and Ms Nikita Jain. They have been extremely patient and have put in an equal amount of time and efforts to perfect this publication.

About the author

Som Nath Munjal is M.A, L.L.B with Diploma in Personnel Management and Industrial Relations. He retired as Deputy Labour Commissioner (Government of NCT of Delhi) after 36 years of service.

During the tenure of his service, he worked as Controlling Authority and later on as Appellate Authority under the payment of Gratuity Act, Authority under Minimum Wages Act, 1948 and under Delhi Shops and Establishments Act, 1954. He also worked as Commissioner under The Employee’s Compensation Act, 1923. Besides Quasi-Judicial position he held various senior positions like Supervisor of the Enforcement of labour laws and as a Conciliation Officer thereby handling all types of Industrial Disputes by settling all complicated matters. His work experience also includes working as Registering and Licensing Officer under the Contract Labour (R&A) Act, 1970 and Certifying officer under the Industrial Employment (Standing Orders) Act. Further, he was also a Deputy Labour Commissioner with a team of Assistant Labour Commissioners, Labour Officers, and Inspectors besides the clerical staff who assisted him.

He is currently practicing as an Advocate and has been rendering support on employment law to various Indian and International business houses across India.

Saurabh Munjal is faculty of Law, Delhi University alumnus and LLM from Bharti Vidyapeeth University. He has sharp legal skills and work experience of about twelve years rendering quality advisory and core litigation support to various domestic and international business clients.

His forte lies in advising and devising strategy for national and international clients on negotiating agreements and due-diligence. He has been advising and providing legal support on employment law to prestigious domestic and international clients that includes employment law advisory, dispute resolutions before fora, audit and compliances, conducting training workshops for HR Managers etc. He represents matters before various High Courts and various District Courts and authorities.

He is frequently invited as a speaker to several conferences and seminars organised by leading institutes including ICSI and various other organisation, companies etc.

Preface

Labour laws in India are of recent vintage and have developed in sync with increased awakening of employees in respect of their rights, particularly in the post-independence era. The employee-employer relationship forms an integral part of Industry. A good employee is an asset, and an employer is always interested in production, rendering of services and performance of duties as assigned to an employee.

There is no country in the world where fiduciary relationship amongst employer and employee exhibit themselves so extensively and in such varied forms as in India. A compliant set up always attracts good employees in comparison to an unprofessional organisation. The compliances under labour laws are so varied and keeping a tab on same has constantly been a task. Non adherence to the compliances attracts prosecutions and penalty.

With the advent of the technology observing compliances has become easier and in this publication, we have narrated the online processes wherever applicable to make it useful and practical.

To make this book of practical use, frequently asked questions have been made part of every chapter with reference, in boxes, of those case studies that are of common concerns faced by organisations from time to time.

This edition discusses landmark cases to understand the enactments while synchronising them with the compliances to be followed thereof.

We trust this edition will receive warm welcome and serve effectively the needs of Advocates, Consultants and HR-Professionals.

Contents at a glance

Acknowledgement

About the author

Preface

Table of contents

Checklist

Chapter 1 Contract Labour (Regulation and Abolition) Act, 1970

Chapter 2 The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 & Employee Provident Fund Scheme, 1952

Chapter 3 The Payment of Gratuity Act, 1972

Chapter 4 The Payment of Bonus Act, 1965

Chapter 5 The Employees’ State Insurance Act, 1948

Chapter 6 The Factories Act, 1948

Chapter 7 The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996&Building and other Construction Workers’ Welfare Cess Act, 1996

Chapter 8 The Minimum Wages Act, 1948

Chapter 9 The Payment of Wages Act, 1948

Chapter 10 The Apprentices Act, 1961

Chapter 11 The Maternity Benefit Act, 1961

Chapter 12 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

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