FAQ

The Minimum Wages Act 1948 is applicable to which type of establishments/industries/factories/employments?

The Minimum Wages Act 1948 is applicable to any establishments/industries/factories/employment either registered under the Bombay shops & establishment Act 1948 or the Factories Act 194, irrespective to the strength of employment. That is even if any body employs an employee he has to pay Minimum Wage

The term Minimum Wage includes the Basic Wage plus Special allowance, as prescribed & published by Labour department, time to time for a given schedule of employment.

The Payment of Bonus Act 1965 is applicable to which type of establishments?

The payment of Bonus Act 1965 is applicable to all factories registered under the factories Act 1948 employing 10 or more workers and any establishments employing 10 or more workers on any working day.

What amount is paid as Bonus?

One bonus is paid per annum one amount of Bonus varies between 8.33% to 20% of yearly wages paid as applicable, depending upon the profit of the company.

Who is exempted from the payment of Bonus Act -1965?

Any establishment/Factories to which this Act applies is normally exempted from Payment of bonus for FIRST FIVE YEARS form the date of commencement of such units. However such units are liable to pay bonus for the year during which it achieves profit during the exemption period of Five Years.

The payment of Gratuity Act 1972 applies to which type of establishments?

The payment of Gratuity Act 1972, is applicable to all Factories registered under the Factories act 1948 and employing 10 or more employees ,and to all establishments employing 10 or more employees registered under the Bombay shops & establishment Act 1948.

Who is entitled for gratuity?

Any employee employed in establishment/Factory to this Act applies and have completed Five years of Continuous services is entitled for Gratuity.

What amount is paid as Gratuity?

15 days salary/year for the total years of services completed is paid as Gratuity.

What is "Industrial Dispute" ?

Industrial Dispute means any difference or dispute between employer and employer, or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with conditions of labour of any person.[But doesnot include the fermination of the service of a workman in accordance with provoision of chapter V-D]

Who can be termed as "Worker" under the I.D. Act 1947 ?

Any person (including an Apprentices) employed in any industry to do any manual , unskilled, skilled, technical, operations, clerical or supervisory work for hire or reward, where the terms of employment be expressed or implied any for the purpose of any proceedings under this Act, in relation to an industrial dispute, include any such person who has been dismissed , discharged or retrenched in connection with , or as a consequence of, that dispute or whose dismissal, discharge or retrenchment has lead to that dispute, but does not include, but does not include Airforce, Army Personals, Police Service or an Officer or other employee of a Prison and employed mainly in a managerial or administrative capacity or Who being employed in a supervisory capacity draws wages exceeding one thousand six hundred rupees per meusem or exercises, either by the nature of duties attach to the office or by reason of the powers vested in him functions mainly of manage nature.

I.D. Act 1947 is applicable to which type of establishments ?

This Act is applicable to those establishments, which are run with cooperation of workers, the activity of such establishments is organized with or without intention of profits.

What are the Salient Feature of I.D. Act 1947 ?

The central object of this Act to see that industrial peace is maintained. for making any changes in employment condition specified in schedule IV , a notice of change has to be given by employer to employer before 21 days of making any change The industrial employing average 100 or more employees in preceding 12 months should obtain the prior permission of specified authority in case of Lay - off, retrenchment and closure.

What are the remedies for a worker if he is retrenched/discharged/dismissed from an industry, to which this Act applies?

Such workers has to approach Assistant Commissioner of Labour, of respective district for filing the reinstatement complaint, where attempts for reinstatement through conciliation is made , failing which the matter is reffered to labour court for adjudication on adjudication labour court passes the appropriate order , which is termed as an Award.

What are the consequences if award passed by labour court is not implemented or complied by the employer ?

In such cases, affected worker has to file complaint for alleged award breuch to Govt. Labour Officer of respective district, where on successful enquiry a criminal complaint shall be filed in the appropriate Criminal Court. Over and above , affected worker can also raise recovery application in Labour Court under sec 33(C) of the Industrial Disputes Act 1947.

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