Sunday, January 7, 2018

The Factories Act, 1948 stipulates clearly terms of employment, working conditions at employment, measures to form employee unions and bargaining rights for employee etc and other related issues. 

The Payment of Wages act, 1936 broadly describes the right of employee to receive the wages for the work he/she has done. 

The Minimum Wages Act, 1948 says that no employee should be paid wages below a level wherein his standard rightful living gets affected. This minimum wage is revised from time to time. 

The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 is a welfare measure for compulsorily saving part of employee’s monthly earnings along with an equal contribution from employer for meeting the following requirements of employee during the period of service/layoff/post retirement viz., savings for retired life, savings for discharging social responsibilities/duties, savings for medical needs, savings for house making etc.

Extension to this act is The Employee Pension Scheme(EPS) where in, instead of giving lump sum to employee at the time of retirement, a pension will be provided progressively over certain years so that monies are available for employee thru’ out his/her life for a maximum period. 

Through The Payment of Gratuity Act, 1972, the employer gifts a long standing employee of the company for his/her service at the time of resignation/retirement provided the employee was honest on his job. But there is a minimum service requirement to become eligible for gratuity to be paid. 

The next welfare Act is the Employees’ State Insurance Act, 1948 thru' which the employee makes a small contribution every month and the state provides essential medical care and leave salary to the employee during times of unexpected illness/injuries to self/family. 

Through The Payment of Bonus Act, 1965 the employer shares part of the profit with the employee every year as the employer is making sizable profit out of contributions of employee but paying him/her only limited salary. It is mandatory for the employer to pay this bonus to all employees below certain level specified in the Act. 

The Industrial Disputes Act,1947 mainly provides for redressal of all disputes between employer and employee thru’ arbitration and settlement thru’ labor courts. 

The Workmen’s Compensation Act, 1923 defines the responsibility of employer in respect all compensations for various types of employment injuries in which conditions the employee has to be reasonably taken care by the employer and compensated in respect of the monies involved, the leave to be sanctioned and the rehabilation package in case of termination of service due to loss of work capacities. 

The following other acts cover some of the welfare measures related to specific categories. 

The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
The Child Labor (Prohibition and Regulation) Act, 1986
The National and Festival Holidays Act
The Weekly Holiday Act, 1942

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