Presentation On INDUSTRIAL RELATIONS

BY S. BHASKAR

Objectives Background & Definition Industrial Legislation Salient Features of a few Acts Role of Time Office Welfare & Grievance Handling

OBJECTIVES

To understand the law relating to Industrial Labour To share experience & practices on Industrial Relations

DEFINITION
An organised relationship between two organised parties representing employers and employees regarding matters of common interest

CONTRIBUTORY FACTORS
HUMAN FACTORS - WORKMEN ON ONE SIDE AND MANAGEMENT ON THE OTHER ORGANISATIONAL FACTORS - TYPE OF INDUSTRY, WORKING CONDITIONS, SERVICE CONDITIONS SOCIAL FACTORS

INDUSTRIAL LEGISLATIONS
The Contract Labour (Regulation & Abolition) Act, 1970 The Workmens Compensation Act, 1923 The Payment of Wages Act, 1936 The Industrial Disputes Act, 1947 The Employees State Insurance Act, 1948 The Minimum Wages Act, 1948

INDUSTRIAL LEGISLATIONS. . .
The Payment of Bonus Act, 1965 The Payment of Gratuity Act,1972 The Equal Remuneration Act,1976 The Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

INDUSTRIAL LEGISLATIONS . . .
The Factories Act, 1948 The Employees Provident Funds and Miscellaneous Provisions Act, 1952 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 & welfare cess Act 1996. Respective State Rules

INDUSTRIAL LEGISLATIONS . . .
Child Labour (Prohibition and Regulation) Act, 1986 Employees Pension Scheme, 1995 Shops and Establishments Act / Labour Welfare fund Act / National Festival Holidays Act

THE CONTRACT LABOUR ACT

Principal Employers Registration
Application for Registration (Form I) Registration Certificate (Form II)

LABOUR LICENCE
Application in Form IV (triplicate) Form V from the Principal employer Licence registration fee Security Deposit (as per No. of workers) Power of Attorney for In-charge

RENEWAL OF LABOUR LICENCE

Application should be submitted 30 days prior to expiry of licence Form VII (triplicate) Original Labour licence Challan or Demand Draft for Licence fee

REFUND OF SECURITY DEPOSIT

Application for refund of Security Deposit Original Licence Form VI A from the Contractor Form VI B from the Principal Employer Xerox copy of Security Deposit Receipt

SUBMISSION OF RETURNS
Half yearly returns in FORM XXIV as per Contract labour (Regulation and Abolition) Act,1970. Period ending 30th June, returns to be submitted on or before 31st July Period ending 31st December, returns to be submitted on or before 31st January Annual returns in FORM III as per Minimum Wages Act,1948 before 31st Jan. every year, a copy to Principal employer

REGISTERS & RECORDS

Labour History book Register of Workmen employed by the contractor (Form 13) Employment Card (Form 14) Service Certificate (Form 15) Combined registers such as Muster roll (Form 16) Register of Wages (17) Overtime Wages (Form 18) Wages slip (Form 19) under CLA or (Form 4B) under Minimu wages Act

REGISTERS & RECORDS ...

Register of Deduction for Damage or loss (Form 20) Register of Fines (Form 21) Register of Advances (Form 22) Half yearly return Contract Labour (R&A) Act. Annual return under payment of Wages Act with copy to Principal employer
Register of Unpaid wages Register of First Aid Register of Accidents Register of Bonus Form C.

OVERTIME
An item of expenditure which in general does not increase production in proportion to the cost incurred It is necessary to discourage OT as far as possible. It has to be programmed in advance A workman works for more than 9 hours a day or more than 48 hours in a week eligible for OT, twice the ordinary wages

WORKMEN COMPENSATION
FATAL ACCIDENT Documents Required for Settlement

Inform to Regional Office/Clients/Police/WCC/Relatives Insurance Claim Form FIR /Post Mortem Report/Inquest Report Death certificate/Age proof certificate Accident Report / Attendance card/Wage Sheet/Compensation Deposit Receipt Disbursement of NIC form A voucher through W.C.Commissioner

WORKMEN COMPENSATION
NON-FATAL ACCIDENT

TEMPORARY DISABLEMENT PERMANENT PARTIAL DISABLEMENT

DOCUMENTS REQUIRED FOR SETTLEMENT

TEMPORARY DISABLEMENT PERMANENT PARTIAL DISABLMENT Claim form Accident report Medical Certificate Fitness Certificate % of disability Certificate Age Proof Attendance Card

Claim form Accident report Medical certificate Fitness certificate

EMPLOYEES PROVIDENT FUND & PENSION SCHEME

Employees Provident Funds Act, 1952 Employees Deposit Linked Insurance Scheme, 1976 Employees Pension Scheme, 1995
Membership coverage from Day 1

EMPLOYEE PROVIDENT FUND ACT 1952 & PENSION SCHEME , 1995

contribution Employees Contribution Employers Contribution PF 12% FPF nil

3.67% 8.33% #

# pension scheme contribution up to the maximum of Rs.541/- only, rest of the contribution again goes to Provident Fund.

EMPLOYEES STATE INSURANCE ACT, 1948

Contribution Employers Contribution - 4.75% Employees Contribution - 1.75% The Act not applicable to employees if they are drawing wages exceeding Rs.10,000/p.m (w.e.f. 01.10.06 )

ESI BENEFITS
Medical Benefits Sickness Benefits Maternity Benefit Disablement Benefit Dependents Benefit

FACTORIES ACT, 1948

Application for permission to construct , extend or take into use any building as a factory - FORM - I Application for registration and Grant or Renewal of Licence - FORM - II

FACTORY LICENCE
Memorandum of Association & Articles of association List of Directors in Triplicate Blue print Licence fee - depends upon Horse power & No.of workers

ROLE OF TIME OFFICE

IMPLEMENTION OF RULES DISPLAY OF NOTICES PROPER RECRUITMENT OF WORKMEN SCREENING OF WORKMEN FOR SAFETY DISBURSEMENT OF WAGES

ROLE OF TIME OFFICE . . .

MAINTENANCE OF RECORDS MAINTENANCE AND UPKEEP OF LABOUR CAMP FACILITITES FIRST AID PROHIBITING ENGAGING OF CHILD/BLACK LISTED LABOUR

FIXATION OF WAGES
TRIAL PERIOD EXPERIENCE QUALIFICATION (DCE, B.E GRADUATE & PG) NATURE OF WORK SPECIALISATION CATEGORY (SKILLED,SEMI-SKILLED,UNSKILLED) MINIMUM WAGES ACT TO BE ADHERED

COMPENSATION BENEFITS
RETRENCHMENT COMPENSATION Contract more than Contract less than One year One year Notice pay of 1 month Workman completing wage +15 days wages 240 days for every completed One month wages year of service or part there of in excess of 6 months NOTICE PAY

WELFARE
STATUTORY WELFARE NON-STATUTORY WELFARE

STATUTORY WELFARE
COMPRISES THOSE PROVISIONS WHOSE OBSERVANCE IS BINDING ON EMPLOYERS BY LAW ESSENTIAL WORKING CONDITIONS STANDARDS OF HEALTH

NON-STATUTORY WELFARE
Those activities which are undertaken Voluntarily by Employers: HOUSING EDUCATION RECREATION TRANSPORTATION

EMPLOYEE GRIEVANCE
PROMOTION AMENITIES MEDICAL BENEFITS NATURE OF JOB DISCIPLINARY ACTION TRANSFER

GRIEVANCE HANDLING
Individual Grievance Group Grievance Industrial Dispute Conciliation Adjudication Arbitration Collective Bargaining

NON-PRODUCTIVE AREAS
Indisciplined workmen Union problem Unfair role assignments Ineffective supervision Idle time of Workmen Procrastination of work for OT Surplus workforce

ESSENTIALITIES FOR GOOD IR SITUATION

Courteousness Alertness Empathy Immediacy Motivation Sincerity Honesty

WHO IS RESPONSIBLE FOR INDUSTRIAL RELATIONS ?

RESPONSIBILITY LIES WITH EVERYONE