2. Lecture Objectives
By the end of this lecture, you will be able to
understand and analyze the following acts:
▪ Factories Act 1948
▪ POSH Act 2013
▪ Child and Adolescent Labor Act, 1986
▪ Workmen Compensation Act 1923
▪ Gratuity Act 1972
▪ Payment of Wages Act 1936
▪ The Employees’ Provident Funds and
Miscellaneous Provisions Act, 1952
▪ Payment of Bonus Act 1965
▪ Employee state Insurance act 1948
▪ Contract labor Act, 1970
▪ Maternity Benefit Act, 1961
3. Factories Act- 1948
▪ Major Moore, first raised the question for the
provision of legislation to regulate the working
condition in factories
▪ The first Factories act was enacted in 1881 and
came into effect on September 1, 1948.
4. Objective of Factories Act ,1948
1 To enact special provisions for young people, women, and children
2 To regulate the working conditions in factories
3 To regulate health, safety, and welfare; and
4 To regulate annual leave.
5. Applicability of Factories Act, 1948
1 Any factory with 10+ employees work / worked
2 Any factory manufacturing a product with the aid of power
6. Chapter II- Definitions
Section 2 of the Factories Act, 1948 defines the following terms:
Factory
Occupier
Worker
Manufacturing
process
Hazardous
process
7. Chapter III- Health Provisions
Section 11 Cleanliness in every factory
Section 12 Disposal of effluents and wastes
Section 13 Ventilation and Temperature
Section 14 Dust and Fume
Section 15 Artificial Humidification
8. Chapter III- Health Provisions
Section 16 Overcrowding
Section 17 Lighting
Section 18 Drinking Water
Section 19 Latrines and Urinals
Section 20 Spittoons
9. Chapter IV- Safety Provisions
Section 21 Fencing the Machinery
Section 22 Work on or Near Machinery in Motion
Section 23 Employment on Dangerous Machines
Section 24 Devices for Cutting off Power
Section 25 Self-Acting Machinery
10. Chapter IV- Safety Provisions
Section 26 Casing of New Machinery
Section 27
Prohibition of Employment of Women and
Children Near Cotton-Openers
Section 28 Hoists and Lifts
Section 29 Lifting Machines, Chains, Ropes, and Lifting
Section 30 Revolving Machinery
11. Chapter IV- Safety Provisions
Section 31 Pressure Plant
Section 32 Floors, Stairs and Means of Access
Section 33 Pits, Sumps, Openings In Floor Etc.
Section 34 Excessive Weights
Section 35 Protection of Eyes
12. Chapter IV- Safety Provisions
Section 36 Protection Against Dangerous Fences
Section 36 A Precautions Regarding the Use of Portable Electric Lights
Section 37 Explosive or Inflammable Gas
Section 38 Prevention in Case of Fire
13. Chapter IV- Safety Provisions
Section 39
Power to Require Specification of Defective Parts
or Tests or Stability
Section 40 Safety of Buildings and Machinery
Section 40 A Maintenance of Buildings
Section 40 B Safety Officers
14. Chapter V- Welfare Provisions
Section 42 Washing facilities
Section 43 Facilities for storing and drying clothes
Section 44 Facilities for sitting
Section 45 First-aid-appliance
16. Chapter VI- Working Hours of Adults
▪ Weekly Hours
▪ Holidays once a week
▪ Compensatory Holidays
▪ Daily Hours
▪ Intervals for Rest
▪ Spread over
▪ Night Shifts
17. Chapter VI- Working Hours of Adults
▪ Prohibition of Overlapping Shifts
▪ Additional Compensation for Overtime
▪ Restriction on Double Employment
▪ Notice of Periods of Work for Adults
▪ Register of Adult Workers
▪ Hours of Work to Correspond with Notice and Register
18. Chapter VII- Employment for Young Person
Under the Factory Act, 1948, ‘young person’
means a person who is either a child or an
adolescent. In other words, it means a person
below the age of 18 or the age of an adult.
19. Chapter VII- Employment for Young Person
▪ Prohibition of Employment of Young Children
▪ Non-adult Workers to Carry Tokens
▪ Certificate of Fitness
▪ Working Hours for Children
20. Chapter VII- Employment for Young Person
▪ Notice of Periods of Work for Children
▪ Register of Child Workers
▪ Work Hours Must Be in Accordance with Notice
21. Chapter VIII- Annual Leave with Wages
▪ Annual Leave with Wages
▪ Wage During Leave Period
▪ Payment in advance in Certain Circumstances
22. How do you think the Safety provisions in Factories Act help the
factory workers? How different do you think things were, when the act
was not implemented?
Breakout Room
24. POSH Act 2013
“An Act to protect women at work from sexual
harassment, to prevent and resolve sexual
harassment complaints, and to provide for
things associated with or incidental thereto.”
https://www.eqs.com/en-gb/compliance-knowledge/blog/sexual-harassment-in-the-workplace/
25. Behaviours that are considered as sexual harassment at workplace
https://timesofindia.indiatimes.com/life-style/relationships/work/kinds-of-behaviours-that-are-considered-sexual-harassment-at-workplace/articleshow/77521476.cms
26. Section 2 of the POSH Act 2013
The second section of the POSH Act 2013 defines the following terms:
Aggrieved
woman
Domestic
worker
Employee
Sexual
harassment
Workplace
27. Sections 3-6
1 Prevention of Sexual Harassment
2 Setting up an “Internal Complaints Committee”
3 Notification of District Officer
4 Constitution and jurisdiction of Local Committee
28. Sections 9-12
1 Composition, tenure and other terms and conditions of Local Committee
2 Complaint of sexual harassment
3 Conciliation
4 Inquiry into complaint.
5
The procedures that the International Criminal Court (ICC) or the Local Committee
are required to follow while the complaint is pending are outlined.
29. Sections 13-16
1 Inquiry Report
2 The penalties for filing false or malicious complaints
3 Determination of compensation
4 Prohibition on publication or making known the contents of complaint and inquiry proceedings
30. Process of Enacting the POSH Act
1 Criminal Proceedings
2 Disciplinary Action
3 Mechanism for Filing Complaints
4 Complaints Committee
5 Initiative Taken by Employees
31. What kinds of
consequences are
people supposed to
face when the
provisions of the
POSH law are broken?
Activity
32. Provisions of POSH
1 Fine of fifty thousand rupees
2 Twice as severe penalty as the original conviction
3 Revoking the Licence
4 Registration non-renewal or cancellation
33. Can anyone tell me anything about
Child and Adolescent Labour Act?
34. Child and Adolescent Labor Act, 1986
The Child Labor (Prohibition and Regulation)
Act, 1986 was passed into law by the
Government of India in order to regulate laws
connected to the use of child labor in India.
35. Sections 2
1 Adolescent
2 Appropriate Government
3 Child
4 Day
This section defines the following terms:
5 Establishment
6 Family
7 Occupier
8 Week
9 Workshop
36. Section 3: Prohibition of Employment of Children in Certain
Occupations and Processes
The following occupations are off-limits to children
under the age of 14:
▪ Slaughterhouses
▪ Transportation of people, commodities, or mail
through trains
▪ Scooping up cinders, cleaning out an ash pit, or
construction work
▪ Working in a restaurant in a train station
▪ Any task in close proximity to or in the middle of
a railroad line
▪ Any activity carried out inside a port's boundaries
▪ Work involving the sale of fireworks and crackers
37. Prohibited Processes for Children
▪ Making of Bidi;
▪ Carpet-weaving;
▪ Manufacturing cement / bagging of cement;
▪ Cloth printing, dyeing, and weaving;
▪ Manufacturing of matches, explosives, and
fireworks;
▪ Mica-cutting and splitting;
▪ Manufacturing which includes toxic metals
38. The Declaration of the Rights of Child, 1959
1 Avail the resources necessary for child development
2 Food, medical attention and First-Aid
3 Refuge for abandoned and orphaned children
4 Shielding from all forms of exploitation
39. Rights of Child and the Indian Constitution
1 Right to free basic education
2 Right to protection from any type of hazardous occupation
3 Children are protected from abuse and forced labour
4
Equal access to opportunities, resources, freedom, dignity, and
protection.
5 Early childhood care and education
40. The Factories Act, The POSH Act and the Child
and Adolescent Labor Act benefits different
sections of the society.
Why do you think these acts were necessary to
bring into force?
Activity
41. Workmen Compensation Act, 1923
The statute assures that the right of the
employee is safeguarded even after the
employee has become incapacitated or
injured as a result of an accident that
occurred at their place of employment.
42. Introduction
The workmen compensation act is a type of
social legislation that makes the employer
accountable for compensating its employees
who have been harmed or their dependents in
the event of death.
43. Objective of Workmen Compensation Act
1 Providing financial assistance to the employee's family members
2
Coverage for employees who obtain an occupational disease or
accident
44. Only those injuries that were brought on by accidents that occurred on the job
are covered by the statute.
Scope of Workmen Compensation Act
45. Applicability of Workmen Compensation Act
1 Workers employed in factories, mines, and ports
2 Workers employed to perform their duties in a foreign country.
3
Employees engaged as drivers, mechanics, helpers, or anyone
connected to motor vehicles and aircraft
46. Provisions
1 Aspect of the Act Concerning Workers' Compensation
2 The employer's legal responsibility with regard to compensation
3 The procedure to take in order to receive compensation
47. Compensation Cases
1 Death of an employee 2 Permanent or total disablement
3 Permanent partial disablement 4 Temporary disablement
48. Conditions When Employer is Not Liable to Pay Compensation
▪ The injury causes disability for less than three days
▪ When injury was caused:
▪ Under the influence of drugs or alcohol.
▪ When the worker volunteered to take down the
safety guard
▪ When the employee did not follow employer’s
orders for security
49. Workmen Insurance
▪ Workers Insurance Policy
▪ Importance of Worker’s Compensation
Insurance for Employees
▪ Purpose of Workmen’s Compensation
Insurance Policy
▪ Workers Insurance Policy Includes
▪ What is excluded from the Workers'
Compensation Policy
50. Breakout Room
How is the Workmen Compensation Act, 1923
different from the other acts (The Factories Act, The
POSH Act and the Child and Adolescent Labour Act)
that we have discussed?
51. The Payment of Gratuity Act, 1972 is a piece of legislation that was enacted in
India in 1972 and mandates that an industry must pay a one-time gratuity to
employees who have departed from their positions
Payment of Gratuity Act 1972
52. Importance
The Gratuity Act, also known as the Payment of
Gratuity Act of 1972, was created to ensure that
employees get a symbol of appreciation for
their continued service to a company.
53. Rules of Gratuity Act, 1972
1 Organisation with 10+ employees must pay a gratuity its workers
2 Employees must complete minimum 5 years in the same organisation
54. Scope and objective of the payment of Gratuity Act, 1972
▪ The Payment of Gratuity Act of 1972 was passed in
order to provide employees who work in factories,
oilfields, mines, plantations, railway companies, and
other types of businesses with a gratuity, which is a
monetary benefit given for the services rendered in
exchange for the money. This benefit is provided
subject to the aforementioned criteria.
▪ This Act applies to each and every department of
the government, regardless of whether it is at the
central or state level.
56. Provisions
1 The Payment of a Gratuity
2 Gratuity calculation in the event of the death of an employee
3 Claim for gratuity
4 The Recovery of the Gratuity
57. Provisions
1 The protection of gratuity
2 The authority to set the rules
3 Gratuity subject to tax
4 Validation of amendment made in the Gratuity Act
5 Gratuity Act 2020
58. Has anyone heard of Payment Of Wages Act, 1936?
Can anyone tell me what does it cover?
59. Payment Of Wages Act, 1936
1 Imposition of Fines
2 Unauthorised Deductions
3 Non- payment of Wages in time
It was introduced for the protection of workers against
60. Objectives of Payment Of Wages Act, 1936
1 To ensure regularity in payment of wages
2 Ensure Wages in legal tender
3 To prevent unauthorized deductions
4 To restrict employers to impose fine
5 To provide remedies to the workers
61. Application of Payment Of Wages Act, 1936
1 Whole of India
2 People whose salary > Rs. 24,000/ – are exempted
62. Sections 2
1 Appropriate Government
2 Employed Person
3 Employer
4 Factory
This section defines the following terms:
5 Wages
63. Rules for Payment of Wages (Section 3-6)
1 Responsibility for Payment of Wages
2 Fixation of Wage Periods
3 Time of Payment of Wages
4 Payment of wages in currency notes or currency coins
65. Penalties for violations of the Act's terms and conditions
1 Punishment
2 Fine of ₹1000- ₹7000
3 Fine of ₹3000
4 Fine of ₹3750-₹20500
66. We have discussed the following acts so far:
1. The Factories Act
2. The POSH Act
3. The Child and Adolescent Labor Act
4. Workmen Compensation Act
5. Gratuity Act, 1972
6. Payment Of Wages Act, 1936
Work in groups to discuss one of these and
present it to the class.
Activity
67. Minimum Wages Act, 1948
The Minimum wages legislation of 1948 is an
act of parliament that was adopted to ensure
that workers, whether skilled or unskilled,
employed in industries, factories, or any
other place of business or other enterprises
are paid at least the minimum wage.
68. Scope and Applicability of
Minimum Wages Act
▪ Throughout India.
▪ All businesses, workplaces, commercial
establishments, manufacturing facilities
69. India’s Minimum Wage 2021
▪ Minimum pay varies from state to state
▪ VDA, is added to wages before they are
distributed
71. Objectives of Minimum Wages Act
▪ To establish the minimum wage rates
▪ To establish the daily work hours of employees.
▪ To prevent employers from exploiting
their employees.
▪ To ensure that workers can maintain a
reasonable level of living.
▪ To provide employees with basic physical
needs, excellent health, and a level of comfort.
▪ To penalize employers who fail to pay their
employees the minimum wage.
▪ To secure an adequate living wage for all the
laborer's in the interest of the public.
72. Sections 3-8
1 Minimum rates of wages
2 Minimum wages fixed by the appropriate government
3 Establishment of committees and subcommittees
4 Advisory board
73. Sections 9-15
1 Committees
2 Wages in kind under the Act
3 Payment of minimum rate of wages fixed to every employee
4 Fixing hours for a normal working day
77. Why does India have no national minimum wage?
1 Categories of labourers: skilled, semi-skilled, or unskilled,
2 Cost of living, expenditures, working circumstances, and living conditions are different
3 Varying economic situations
78. The purpose of this Act is to inculcate a non-withdrawable financial benefit, and
the sum is generally payable upon retirement or upon the death of the employee.
The Employees’ Provident Funds and
Miscellaneous Provisions Act, 1952
83. Accessing EPF Online
1 Online EPF Submission
2 EPFO Claim status
3 Advantages of Employees Provident Fund
4 Early Withdrawal from PF Account
84. Find out if the
EPF is tax
exempted or
not.
Activity
85. The Payment of Bonus Act of 1965 was meticulously crafted by the federal
government to ensure that workers receive a reasonable share of the profits
made by their employers.
Payment of Bonus Act, 1965
86. Objectives of Payment of Bonus Act
1 To provide bonuses to their employees
2 To provide bonus based on defined formula
3 To provide incentive payments
4 To offer enforcement mechanisms
87. Section 2 of the Payment of Bonus Act, 1965
1 Accounting Year
2 Allocable Surplus
3 Direct Tax
4 Company
88. Applicability of the Payment of Bonus Act, 1965
1 All industries and businesses with 20+ employees
2 Factories with 10+ employees
3 All employees of the organisation
89. Provisions
1 Bonus payment calculation
2
Establishments to include departments, undertakings
and branches
3 Eligibility
4 Disqualification
90. Provisions
1 Rate of Bonuses= 8.33% of annual pay
2 Cannot exceed 20%
3 Set on and Set off provisions
91. Right of the Employees
1 To collect any bonus that is owed
2 To submit a request to the government to redeem bonus
3 To register a grievance with the relevant Labour Court
4 To inquire on financial operations of the establishment's
5 To demand a bonus
92. Offences and Penalties Under Payment of Bonus Act
1 Imprisonment for a period of six months
2 Fine of one thousand rupees
93. Find out when the
latest amendment to
the Payment of Bonus
Act, 1965 was made,
and what it was.
Activity
94. Amendment to the Payment of Bonus Act, 1965
The most current modification to the policy, which was made in 2015, was announced on January 1,
2016, and it became effective on April 1, 2014.
S.No Year Of Amendment
Eligibility Limit
(Rs. Per Month)
Calculation Ceiling (Rs. Per Month)
1 1965 Rs. 1600 Rs. 750
2 1985 Rs. 2500 Rs. 1600
3 1995 Rs. 3500 Rs. 2500
4 2007 Rs. 10000 Rs. 3500
5 2015 Rs. 21000
7000 rupees Or, whichever is higher, the
minimum salary for scheduled work as set
by the competent government
95. How many of you have heard about
Employee State Insurance Act?
Do you know when was it enacted?
96. Employee State Insurance Act 1948
The Employees State Insurance (ESI) Act was
enacted on April 19, 1948, and it was passed
by the Indian Parliament with the intention of
providing social security for workers across
the country.
97. Objectives
1 Earning financial assistance for employees, in case of medical emergency
2 Employees and employers both make contributions
98. Applicability of ESI Act
1 To all factories except the seasonal ones
2 To all factories with 10+ employees
99. Computing the ESI
▪ Wages paid determine employee's ESI
contribution
▪ The computation of ESI involves two stages:
▪ First: Determining the employee's ESI
contribution (0.75 percent of wages earned)
▪ Second: Determining the employer's ESI
contribution (3.25 percent of wages paid)
100. The Benefits of the ESI Act
1 Medical Benefit
2 Sickness Benefit
3 Extended Sickness Benefit
4 Enhanced Sickness Benefit
101. The Benefits of the ESI Act
5 Maternity Benefit
6 Permanent disablement benefit
7 Dependants Benefit
8 Funeral Expenses
9 Confinement Expenses
102. The Benefits of the ESI Act
10 Vocational Rehabilitation
11 Physical Rehabilitation
12 Old Age Medical Care
13 Rajiv Gandhi Shramik Kalyan Yojana
103. ESI Finance
1 Self-financing and contributory scheme
2 State governments contribute one eighth of the total amount
104. What amendments
do you think should
be made to the ESI
Act, to overcome its
challenges?
Activity
105. Contract Labor Act 1970
The contract labor regulation and abolition act was
enacted in 1970 to prohibit the mistreatment of
workers in all establishments and to promote a
healthy working environment for them.
106. Objective and Scope of the Act
1 To prohibit contract labour exploitation.
2 To provide a suitable and habitable working environment.
3 To control how the advisory boards operate.
4
To set the rules and regulations governing the registration process for
businesses using contract labour.
5 To specify the essential conditions and licencing procedure for contracts.
6 To establish the penalties applicable to violations of Act offences.
107. Applicability
1 Any business with 20+ workers as contract labor
2 Any contractor that employed 20+ contract workers
3 All businesses where workers are hired as ‘contract labor’
108. Essential provisions
1 Composition of the advisory boards
2 Central Advisory Board
3 State Advisory Board
4 Registration procedure of establishments employing contract labor
109. Recommendations
1 No differences between core and peripheral operations
2 Not applicable to organizations with >20 employees
3 No single point of issuance for licences
4 Punitive provisions
5 Workers are unaware of their rights,
6 Lies under the Payment of Wages Act, 1936 or the Minimum Wages Act, 1948
110. It is a piece of legislation that was passed to safeguard the employment of
women during their pregnancies and postpartum periods.
Maternity Benefit Act, 1961
111. Breakout Room
Now that you know what Maternity Benefit
Act, 1961 is, identify its major objectives.
112. Objectives
1 Regulation the employment of women in periods before and after childbirth
2 Provide maternity benefits
3 Protect the dignity of motherhood
113. Application of the Maternity Benefit Act
1 Each and every enterprise, factory, mine, and plantation in India
2 Businesses owned by government
3 Equestrian, and acrobatic
4 Any store or business 10+ employees
114. Must work in a business for at least eighty days in the twelve
months prior to application
Eligibility As Per Maternity Benefit Act
115. Provisions
1 26 weeks of maternity leave
2 Inclusion of adoptive and commissioning mothers
3 Option to work from home
116. Provisions
4 Crèche Facilities
5 Leave for Miscarriage
6 Leave with wages for tubectomy operation
7 Prohibition of dismissal during absence or pregnancy
117. Benefits under the Maternity Benefit Act
1 Women are not permitted to work right before or after the birth of their child.
2 Ensures regular pay and other monetary perks during the leave
3 Prohibits termination of a female worker in the absence because of pregnancy
4 Benefits are paid out far in advance
118. Maternity Leave Rules
1 Present a certificate issued by physician
2 A leave of absence like this may be taken at any time during pregnancy
3 Paid leave of up to three months for first two children
4 Private sectors determine independent regulations
120. Presentation
Divide yourself into a group of four.
Each group needs to make a presentation
about the acts that we can discussed so
far and present it in the class.
