WORDS OF WISDOM

  • Is Apprenticeship Training mandatory:
Apprenticeship Training is covered under the Apprentices Act, 1961. As per this Act , All the establishments having work force (regular and contract employees) of 40 or more are mandated to engage apprentices undertake Apprenticeship Programmes in a range from 2.5% -10% of their workforce (including contractual employees) every year.
For establishments having a workforce between 6 & 40, engagement of apprentices is optional. Establishments have a workforce of 5 or less are not permitted to engage apprentices. Industries in all sectors of economy namely manufacturing and service are covered under this programme/mandate.

 

  • PROTECTED WORKMEN
As per Section 33(3) & (4) of ID act.
“Protected Workman”, in relation to an establishment, means a workman who, being a member of the executive or other office bearer] of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf.
(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of sub-section (3) shall be one per cent. of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen.

As per Section 61 of the ID rules (central)  1957

(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 30th April] every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in the opinion of the union should be recognized as “protected workmen”. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.

(2) The employer shall, subject to section 33, sub-section (4) recognize such workmen to be “protected workmen” for the purposes of sub-section (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workmen recognized as protected workmen 1for the period of twelve months from the date of such communication.

(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workmen, admissible for the establishment, under section 33, sub-section (4), the employer shall recognize as protected workmen only such maximum number of workmen :

PROVIDED that where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of recognized protected workmen in individual unions bear roughly the same proportion to one another as the membership figures of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union the number of protected workmen allotted to it:

PROVIDED FURTHER that where the number of protected workmen allotted to a union under this sub-rule falls short of the number of officers of the union seeking protection, the union shall be entitled to select the officers to be recognized as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer’s letter.

Rights of Protected Workmen:
Section 33 (3) of Industrial Disputes Act, 1947, provides that during the pendency of any conciliation procedure before a conciliation officer or a Board or of any proceeding before an arbitrator or a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, the employer should not initiate any action against any protected workman concerned in such dispute-
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings; or
(b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending.

Notice to be given for change of following Service Conditions as per ID Act:

  • Wages, including the period and mode of payment,
  • Contribution paid, 
  • Compensatory and other allowances, 
  • Hours of work and rest intervals, 
  • Leave with wages and holidays, 
  • Starting, alteration or discontinuance of shift working otherwise than in accordance with standing orders, 
  • Classification by grades, 
  • Withdrawal of any customary concession, 
  • Introduction of new rules of discipline, or alteration of existing rules, 
  • Rationalisation, standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen, 
  • Any increase or reduction (other than casual) in the number of persons employed or to be employed  over which the employer has no control.
  • Person employed in managerial or administrative, supervisory capacity is not a workman

As per Section 2(s) of ID Act, Workman is any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work, for hire or reward, terms of employment be express or implied and includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of dispute but does not include any such person employed in army/Navy/Air Force/Police and those employed mainly in a managerial or administrative, supervisory capacity.

  • Grant Of Paid Holiday To Employees On The Day Of Poll:

As per Section 135B of The Representation of the People Act, 1951 – Every person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday. No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted

If an employer contravenes the provisions, then such employer shall be punishable with fine which may extend to five hundred rupees. However these provisions shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

  • Total Deduction allowed under Payment of Wages Act:

The total amount of deductions which may be made Under Payment of Wages Act under sub-section (2)  in any wage-period from the wages of any employed person shall not exceed:

(i) in cases where such deductions are wholly or partly made for payments to co-operative societies under clause (j) of sub-section (2), seventy- five per cent, of such wages, and

(ii) in any other case, fifty per cent, of such wages;

  • Display of Standing Orders:-

The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.

  • Intimation regarding benefit under Maternity Benefit Act:

As per the Section 11(A)2. “Every Establishment Shall intimate in writing and electronically to every women at the time of her initial appointment regarding every benefit available under the act”

  • Total Number of Hours of Work and Overtime:

As per Factories Act 1948 normally the total number of hours of work in a week, including overtime, shall not exceed SIXTY and the total number of hours of overtime shall not exceed FIFTY for any one quarter.

This may be exempted by the Chief Inspector, State Government, by written order subject to the condition that (i) the total number of hours of work in any day shall not exceed twelve (ii) the spreadover, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; (iii) the total number of hours of work in any week, including overtime, shall not exceed sixty; (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five.

  • Restriction on double employment.

As per Section 60 of Factories Act 1948, No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.

  • Notice for Changing Service Conditions (Industrial Dispute Act (Sec.9A))

Any employer proposes to effect any change in service conditions applicable to any workman shall give twenty-one days of notice.

Provided that no notice is required for effecting any such change, where the change is effected in pursuance of any settlement or award.

  • What Is Sexual Harassment At The Workplace:

“Sexual Harassment” includes anyone or more of the following unwelcome acts or behaviour (whether directly or by implication), namely, Physical contact or advances, A demand or request for sexual favours, Making sexually coloured remarks, Showing pornography, Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

  • Internal Complaints Committee (ICC) as per Sexual Harassment of Women at Workplace (PPR) Act.

Every employer is obliged to constitute an ICC through a written order. The ICC shall be composed of Chairperson – Women working at senior level as employee, Members (minimum 2) from amongst employees committed to the cause of women/ having legal knowledge/experience in social work, Member from amongst NGO/associations committed to the cause of women or a person familiar with the issue of Sexual Harassment.