Applies to:
• Whole of India, to every industrial establishment wherein 100 or more workmen are employed or were employed on any day of the preceding 12 months.
• In the State of Kerala, all establishments wherein 50 or more persons are employed or were employed on any day of the preceding 12 months.
Certification of Standing Orders: An application in Form I to the Certifying Officer within 6 months from the date on which Act applicable.
Registers & Records to be maintained:
• Standing Orders finally certified
• Form IV, Form V, Form VI
Penalties:
• Fails to submit draft standing orders – With fine which may extend to Rs. 5000/-
• For the continuing offence – With fine which may extend to Rs. 200/- per day.
Category: Labour LawsApplies to: Every establishment which employed 5 or more ISM workmen. Every contractor who employed 5 or more ISM workmen.
An ISM worker is a person who is recruited by a contractor in one state for employment in other state.
Registration for Principal Employer: To apply in Form No. I
Licence for Contractor:
To recruit ISM workmen: To apply in Form- IV
To employ ISM workmen: To apply in Form V
Along with Form VI to be issued by the principal employer.
Licence to be renewed every year by applying in Form- IX not less than 30 days before the expiry date.
Records & Returns
By Principal Employer: Register of Contractors – Form XII
Register of workmen employed: Form XIII
Annual Return Form XXIV not later than 15th February
By the contractors: Register of workmen employed (Form XIII) Muster Roll (Form XVII) Register of Wages (Form XVIII) Displacement cum outward journey allowance sheet (Form XV) Register of damages or loss (Form XIX) Fines (Form XX) Advances (Form XXI) Overtime (Form XXII) Return journey allowance (Form XVI) Particulars of ISM workmen (Form X)
Pass book to be issued to each ISM worker.
Service certificate to ISM workmen on his termination in Form XIV
To display the Abstract of the Act & Rules and notices showing the rates of wages, hours of work etc.
Return of ISM workers ceased to be employed: Form XI Half yearly return in Form XXIII not later than 30th January & 30th July.
Category: Labour LawsApplies to: Whole of India, came into force on 23.04.2013
Aggrieved Woman: In relation to a work place, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.
Sexual Harassment: Physical contact and advances, or a demand or request for sexual favours, or making sexually coloured remarks, or showing pornography, or any other unwelcome physical, verbal or non- verbal contact of sexual nature.
Internal Complaints Committee: An employer by an order in writing shall constitute an Internal Complaints Committee for his establishment and for each of its branches/ divisions also.
Presiding Officer: A woman employed at a senior level from among the employees.
Members: Not less than two from the employees, One from NGOs or Associations, One half members should be women. Tenure – three years.
Complaint: In writing within a period of three months from the date of incident.
Inquiry time limit: Ninety days.
Duties of employer: Provide safe working environment, display the penal consequences of sexual harassment, organise workshops, provide facilities to ICC for dealing the complaint, furnish the required information, treat sexual harassment as a misconduct under the service rules, monitor the timely submission of reports. Publication or making known contents of complaint and inquiry proceedings- prohibited.
Annual Report of employer: Include in its report the number of cases filed if any and the disposal of the same.
Penalty for non- compliance: Contravenes any provisions of the Act- punishable with fine Rs. 50,000/- If repeated the same offence- Twice the punishment, which might have been imposed on the 1st conviction, subject to the punishment being maximum provided for the same offence. Cancellation of his licence or withdrawal, or non-renewal or approval, or cancellation of the registration to run the business.
Category: Labour LawsApplies to: Factory, Mine, Plantation, Shop, Establishment etc. In Kerala irrespective of the number of employees
Eligibility: Should have worked at least 80 days in the establishment in the preceding 12 months.
Employer prohibited to employ a woman:
• During 6 weeks following the day of her delivery/miscarriage
• For any work which is of an arduous nature or involves long hours of standing or
• is likely to interfere with her pregnancy or the normal development of her foetus
• Which is likely to cause her miscarriage or
• Adversely affect her health
Benefits:
• 26 weeks full salary. If already having two surviving children benefit only for 12 weeks.
• For miscarriage 42 days full salary
• 12 weeks full wages – who adopts a child below the age of 3 months,
To the Commissioning Mother- from the date the child is handed over.
• 14 days full wages for family planning operation.
• Medical Bonus: Rs. 3500/-
Creche Facility:
• To provide by the establishment having 50 or more employees.
• Employer shall allow 4 visits a day to the creche by the women employees.
• Employer to intimate in writing and electronically to every woman at the time of her appointment regarding every available benefit under the Act.
Category: Labour LawsApplies to: Every factory, plantation, motor transport undertaking, establishments under Kerala Shops & Commercial Establishments Act 1960
Wages payable: Wages at a rate not less than the minimum of the wages payable to a permanent worker for performing the same work.
Issue of work card – in Form B
Maintenance of Muster Rolls– in Form A
Leave – 1 day leave with full wages for every 30 days of work completed
Preservation of Records – 5 years from the date of preparation
Category: Labour LawsApplies to: whole of India
Registration of Trade Union: By applying to the Registrar-
• in Form A
• along with Schedule I & II
• a bye- law
• a resolution authorizing seven members of the union to make an application for registration
• at least 10% or 100 workmen, whichever is less (minimum 7) engaged in the establishment to be members of such union on the date of application.
Annual Returns:
Form L – Individual Trade Unions
Form LL – Federation of Trade Unions
Category: Labour LawsProfession Tax is payable on the income of an employee who has worked at least 60 days in a half year ie, from April to September or from October to March.
Due Date : in Panjayath, February 28/29th & August 31st:
In Municipalities/ Corporations, March 31st & September 30th.
Profession Tax Half Yearly Income
From To Tax
Rs. Rs. Rs.12000 17999 120
18000 29999 180
30000 44999 300
45000 59999 450
60000 74999 600
75000 99999 750
100000 124999 1000
125000 & above 1250
Income will not include H.R.A., CCA & CA
Category: Labour LawsApplies to:
• Every Factory, Plantation etc.
• Shops & Establishments if employed 10 or more employees on any day.
Eligibility:
• On termination of employment after five years of continuous service due to retirement/resignation/retrenchment
• No five year condition in case of death, disablement due to accident or disease.
• Quantum: Fifteen days salary / wages (last drawn) for every year of service or part thereof in excess of six months.
• Maximum gratuity: Rs. 20,00,000/-
(w.e.f. 29-03-2018)Calculation:
Last month salary (Basic+DA) divided by 26 * 15 * Number of completed Year of service.
Due date: Not later than 30th day from the date of exit from employment.
Other obligations:
To submit Form A within 30 days of opening.
To submit Form B within 30 days of any change.
To submit Form C within 60 days before closure.
To display notice of Authorised Persons.
To display abstract of the Act & Rules in Form II.
Compulsory Insurance for employer’s liability for payment of gratuity, by the LIC or by any other prescribed insurer – w.e.f.19-9-2013.
Category: Labour LawsApplies: To Factories, Shops, Establishments, Hospitals, Education Institutions- If the employment strength on any day reached 10 or more
Wage ceiling for coverage of an employee Rs. 21,000/- (w.e.f. 01-01-2017)
Percentage of contribution:
Employee–0.75% of wages
Employer–3.25% of wages
Contribution on total wages except on T.A. and washing allowance.
No employee’s share of contribution if his/her average daily wages does not exceed Rs. 176/-
If the wages of an employee in a contribution period exceeds Rs. 21,000/- he/she will continue to be covered till the expiry of that contribution period.
ESI Act Implemented all over Kerala w.e.f. 01.02.2017
In the newly implemented areas for the initial 24 months from the date of implementation, Employer’s Contribution- 3% of wages.
Employee’s Contribution- 1% of wages. On completion of 24 months general rates will apply.
Due date of contribution: 15th of every month (w.e.f. 15.07.2017)
Registers to be maintained
Employees Register Form 6 Reg. 32
Accident Register Form 12 Reg. 66
Inspection Book Reg. I02A
Books of Accounts, and other connected records to be preserved for 5 years for inspection.
Annual Return: Form 0IA 31st January
Category: Labour LawsApplies to: If the employment strength on any day reached:
• 10 or more in a power using factory
• 20 or more in a non power factory
• Govt. can apply the Act even to small factories with less number of employees
Licence: No manufacturing process to be carried out without licence.
Renewal: Last date 31st October- Licence can be renewed for five years also.
Registers:
• Muster Roll in Form 25
• Register of Adult Workers in Form 12
• Attendance Card in Form 28
• Leave Book in Form 16
• Register of compensatory holidays in Form 9
• Notice of periods of work Form 11
• Leave with wages register in Form 15
• Record of white washing etc. in Form 7
• Register of accidents in Form 26
• Particulars of rooms in Form 35
Employer to Display:
• An abstract of Act and Rules in Form 20
• Notice on Weekly Holidays
• Notice regarding first aid
• Notice of periods of work in Form 11
• Sign Boards
Returns:
Annual Return: Last date 31st January in Form 21
Half-yearly return: Last date 15th July in Form 22
Penalty: Two years imprisonment and fine Rs. 1 Lakh.
For Subsequent Offence: Three years imprisonment and fine Rs. 2 Lakhs
Category: Labour LawsSuperannuation Pension: On retirement after attaining the age 58 with at least 10 years service.
Early Pension: To a member retired or left employment before the age 58 but having 10 years service. Pension before the age 58 but not earlier than the age 50. Will be reduced by 4% for every year the age falls short of 58.
Computation of Monthly Pension-
Pensionable Salary Pensionable Service
70
Pensionable Salary: Average monthly pay during the preceding 60 months from the date of exit. (High Court of Kerala has quashed the amendment for raising the period from 12 months to 60 months).
Pensionable Service: The period for which contribution paid or payable. Two years will be added as grace period to a member who superannuated on attaining the age of 58 and having at least 20 years service.
Eligible Service – Rounding off: The fraction of service for 6 months or more to be rounded off to full year – less than 6 months to be ignored.
Options for whom left service earlier than the age of
58 years.• For a scheme certificate
• For early pension
• For withdrawal benefit
Monthly member’s pension: shall not be less than
Rs. 1000/-Pension to disabled: Minimum Rs. 1000/- No age condition. Even one month contribution will make a member eligible for this.
Pension to the widow / widower: If member dies while in service or after the date of exit from service which qualified for pension.
Minimum: Rs. 1000/- per month up to death or re-marriage
Children Pension: For each child up to the age of 25.
Equal to 25% of the widow pension: Minimum Rs.250/-Only for two at a time in preference of elder children.
For a disabled son/daughter: No restrictions as to age and other beneficiaries.
Orphans pension: 75% of the widow pension – Minimum Rs.750/- Each orphan is eligible to monthly orphan pension till he attains the age of 25 years. For disabled, shall be payable beyond 25 years of age.
The member has option:
To defer receipt of pension upto the age of 60. Then the pension amount to be increased @4% per year. To contribute upto the age of 60.
Category: Labour LawsApplies to:
(a) Every establishment in which 20 or more contract workmen are employed.
(b) Every Contractor who employs 20 or more workmen.
Principal Employer to obtain registration: By applying in Form I
Contractor to obtain licence: By applying in Form IV along with Form V to be issued by the Principal Employer. The validity of licence will be one year.
Renewal of Licence: To be applied in Form VII before 30 days of expiry of the Licence.
Register by Principal Employer : Register of Contractors: Form XII
Annual Return by Principal Employer : Form XXV (by 15th February)
Records, Registers and Returns by Contractor
Register of Workmen : Form XIII Reg. of deduction of Damages/Loss : Form XX
Employment Card : Form XIV Register of Fines : Form XXI
Muster Roll : Form XVI Register of Advances : Form XXII
Wages Register : Form XVII Register of Overtime : Form XXIII
Combined Register : Form XVIII Service Certificate : Form XV
Wage Slip : Form XIX Half Yearly Returns : Form XXIV
By 30th January and 30th JulyTo display extract of the Act and Rules
Category: Labour LawsApplies to:
• Every Factory & Plantation.
• Establishments if employed 20 or more persons on any day.
Grant of holidays:
• Every employee shall be allowed in each calendar year a holiday on the 26th January, 15th August, 1st May, 2nd October and nine other festival holidays.
Wages: Employee shall be paid wages on holidays.
If an employee works on a holiday he shall be entitled to twice the wages and for a substituted holiday on any other day.
No wages if the holiday falls during the period of an illegal strike & the employee participated in it.
No wages on a holiday (other than National Holiday) unless the employee had worked 30 days during the period of preceding 90 days.
Employer to Furnish: A list of festival holidays on or before 30th November every year to the Inspector for approval.
Employer to Display: A statement of approved holidays before 31st December.
Registers: Muster Roll in Form VI
To work on a Holiday: Notice to employee with copies to Inspector & Notice Board.
Returns: Annual Return: Last date 31st January in
Form V.Category: Labour LawsApplies to:
• Every establishment which employs, or had employed 10 or more building workers.
• In any building or other construction work.
Registration: By applying in Form- C within 60 days from the commencement of work or receipt of licence from Local Authority.
Fee for Registration:
No. of workers employed Fee
Upto 50……………… Rs. 1,000
51 to 100……………. Rs. 2,500
101 to 250………….. Rs. 5,000
251 to 500 ………. . Rs. 10,000
Exceeds 500………. Rs. 20,000
Late fee: 25 % of the fee.
Beneficiaries: Every registered building worker of 18 to 60 years of age.
Category: Labour LawsApplies to: Whole of India to the Scheduled employments in respect of which minimum rates of wages have been fixed under this Act.
Fixing & Revising Minimum rate of Wages: The appropriate government shall fix the minimum rates payable to employees and review at such intervals not exceeding 5 years and revise the minimum rates if necessary.
Registers & records to be maintained by employers:
• Muster Roll in Form VI
• Register of Wages in Form XI
• Register of Wages in Form XII
• Overtime Register in Form V
• Register of Fines in Form I
• Register of Employment & Wages in Form XIV
• Inspection Book
• Submit an Annual Return in Form III/ Form IIIA
• A notice in Form IV- abstracts of the Act
• Wage Slip generated through Wage Protection System
• Registers shall be preserved for 3 years.
Penalties:
• Pays less than minimum wages or contravenes any rule or order u/s 13 – With imprisonment which may extend to 6 months or with fine which may extend to Rs. 1 Lakh or with both.
• Contravenes any provision of this Act or any Rule if no other penalty is elsewhere provided – With fine which may extend to Rs. 2 Lakh. if violation continued Rs.2,000/- for each day. For subsequent violation fine upto Rs.5 Lakh.
Wage Protection System in scheduled employments w.e.f.13-7-2015. Disbursement of wages to the employees only through individual bank accounts. To issue electronically generated wage slips to employees on a day prior to disbursement of wages.
To upload an I.T. enabled Register of Employment and Wages in Form XIV through Labour Commissionerate Automation System, three days prior to the crediting of wages in the individual bank accounts.
Exemption from Maintenance of Registers under WPS: Register of Wages, O T Register, Register of Fines, Register of Deduction for Damage or Loss to Employer.
Category: Labour LawsApplies to: All Establishments in the State of Kerala excluding Offices of any Government.
Payment of Subsistence Allowance:
Employer to pay subsistence allowance @ 50% of last drawn wages.
Where the period of suspension exceeds 90 days.
• 91 days- 179 days – 75% of the wages
• 180 days and above – Full Wages
Wages means Pay+ DA + HRA
Recovery of Money due from an employer: By applying in Form A to the Deputy Labour Commissioner
Penalty: Fine not less than Rs. 1000 or imprisonment upto three months or with both.
Category: Labour Laws• Came into force w.e.f. 4th October, 2018.
• Shops can be opened on all the 365 days.
• Every employee shall be entitled to a weekly holiday.
• Women and persons below 17 years are allowed to work after 6 A.M and upto 9 P.M.
• Night shift for women employees- subject to certain restrictions.
• Seating facilities- Suitable arrangements for sitting shall be provided for all workers.
• The registers and records under this Act may be maintained electronically.
• Penalties Enhanced- For each first offence penalty upto One Lakh rupees per contravention, and for any subsequent offences, may extend to Two Lakh rupees for each contravention.
• Willfully obstructs an Inspector in exercising his duties- Fine may extend to One Lakh rupees.
Category: Labour LawsApplies to: All shops and Commercial Establishments.
Registration: To apply in Form B I
Due Date: Within 60 days of commencement.
Renewal: Year to year – To be applied on or before 30th November of every year.
Changes: To be reported within one month of such change- Form B III.
Registers: Register of Employment (F A/B), Service Record (F-BB), A record of hours of work (F-D), Register of Holidays & Leave (F-F), Inspection Book, Copy of appointment letters issued in Form BC, Copy of service certificate in Form BE.
Returns: Quarterly Return in Form H before 10th of Jan, April, July & Oct., Annual Welfare Return in Form I (medium or big establishment) to the Inspector on or before 15th February of every year.
To Display: Registration Certificate, Notices of weekly holidays of Employees and of Establishment, Abstract of the Act and Rules.
Hours of Work: Maximum – 8 hours on a day (including O.T 10 hours) 48 hours in a week
O.T Wages: Double the wages.
Intervals: No work for more than 4 hours without interval of one hour. Total hours including rest hours shall not spread over more than 10 ½ hours.
Leave: Annual Leave -12, Casual Leave – 12,
Sick Leave – 12w.e.f.18.09.2015: Establishments classified into Small (0-5 employees), Medium (6-19 employees), Big (20 and above employees). Appointment Letter to be issued in Form BC (where six or more employees). Identity Card to be issued in Form BD (where twenty or more employees). Service Certificate in Form BE to be issued by every employer. Rest Rooms (where six or more employees). Hostel Facilities( where more than fifty employees). Creches (where twenty or more women employees). Separate latrines in the ratio of one for every 20 male & female employees. First Aid Box with prescribed contents (where six or more employees).
Fee for Registration and Renewal:
No. of employees Rs.
If Nil………………………….. 50
1 to 5…………………… 100
6 to 10………………… 200
11 to 20………………… 400
21 to 30………………… 600
31 to 50 ……………….. 1000
51 to 100………………. 2000
101 onwards…………… 4000
If the application for renewal is not submitted within the time limit, a fee of 25% in excess of the fee ordinarily payable shall be payable for such renewal.
Category: Labour Laws• Government to bear employer’s contribution (EPF 3.67% + Pension 8.33%) for new employment for a period of three years.
• Schemes were come into force on 09-08-2016.
• Establishments should have LIN, PAN & Bank Account.
• Establishment to upload certain data in the PMRPY Portal on or before 10th of every month.
• Employee should have a valid Aadhaar linked UAN.
• Earning wages less than Rs. 15,000/- per month.
• Not to have a UAN prior to 01-04-2016.
Category: Labour LawsApplies: To every scheduled or notified establishment if the employment strength is 20 or more
Wage ceiling for coverage of an employee Rs. 15,000/- (w.e.f 01-09-2014)
An employee once covered will continue to be covered even if his wages later exceeds Rs. 15,000/- But payment of contribution on the wages in excess of Rs. 15,000/- is optional.
Percentage of contribution:
Account Number
I II X XXI
Employee : 12 – – –
Employer : 3.67 0.50 8.33 0.50
Total : 25.00%
Contribution on Basic + DA + Retaining Allowance
Due date: 15th of every month.
Records to be maintained
Form 3A Para 35
Inspection Book Para 36(4)
New Form No.11 Declaration Form
Returns Last Date
Monthly Abstract Form 12A 25th of every month
List of employees
left and joined Forms 5 & 10 15th of every monthAnnual Return Form 6A 30th April
Category: Labour LawsApplies to: All establishments coming under Kerala Shops & Comm. Est. Act 1960
Eligibility: Employees in the age group of 18 yrs to 55 yrs.
Contribution: Rs 20/- by employee and Rs 20/- by employer. Rs 40/- by a self employed person.
Last date for payment: 5th of every month.
Registers: Register of contributions.
Returns: List of employees in Form IV within 15 days from the date of applicability.
List of employees joined and left: In Form V by 10th of every month. Statement of contribution in Form VI by 10th of every month.
Benefits at a glance: Benefits for sickness, maternity, accident and allowances for education, marriage etc. Pension on reaching the age of 60 and having contributed for 10 years or unable to work for more than 2 years due to physical infirmity. Pension to family on the death of member. Employee’s contribution in full will be refunded.
Category: Labour LawsApplies to:
• Every Factory and
• Establishments if employed 10 or more persons on any day.
Eligibility:
• Wages not to exceed Rs. 21,000/-
• Wages means: Basic + DA only
• Worked at least 30 days in the relevant accounting year.
• Wages for the purpose of Bonus calculation,
• Actual wages subject to a ceiling of Rs. 7,000/- or the minimum wages for the relevant employment, as fixed by the Government, whichever is higher
Disqualification: If dismissed for fraud, theft, violent behaviour and sabotage of property.
Quantum: Minimum 8.33% – Maximum 20% of the wages earned in the relevant accounting year.
Time Limit: To pay within eight months from the close of an accounting year.
No Bonus: For the years of loss during the first five years.
Registers: Form A, B & C.
Returns: Annual Return in Form D within 30 days of the due date for payment.
Category: Labour LawsMedical Benefit
• No contributory condition
• From the first day onwards- To the family also
Medical Benefit to Insured Person who leaves employment
• To have minimum five years in insurable employment.
• Admissible to Insured Person & to his/her spouse.
• Contribution @ Rs.10 per month.
Sickness Benefit
• 70% of wages for each day of leave due to sickness
• For 91 days in an year
Extended Sickness Benefit
• Eligible for 34 notified long-term diseases
• Upto 730 days during a period of 3 years
• 80% of wages for each day of leave due to sickness
Enhanced Sickness Benefit
• For family planning operations
• For women 14 days full wages
• For men 7 days full wages
Maternity Benefit
• 26 weeks full wages
• If already having two surviving children then benefit for 12 weeks only
• For miscarriage, 42 days full wages
• Full wages for 12 weeks – who adopts a child below the age of 3months, commissioning mother – from the date the child is handed over.
Temporary Disablement Benefit
• For the days of disability due to employment injury
• 90% of wages for each day of incapacity to work
• So long as the temporary disability existed
Permanent Disablement Benefit
Monthly pension in accordance with the percentage of permanent disability caused due to employment injury- Till death
Dependant’s Benefit
• Monthly pension to the dependants of an employee who died due to employment injury
• To wife till re-marriage or death
• To children upto the age of 25
• To the widowed mother – Till death
• 90% of wages of the deceased employee to be distributed as pension among the dependants
Medical Benefit
• No contributory condition
• From the first day onwards- To the family also
Medical Benefit to Insured Person who leaves employment
• To have minimum five years in insurable employment.
• Admissible to Insured Person & to his/her spouse.
• Contribution @ Rs.10 per month.
Sickness Benefit
• 70% of wages for each day of leave due to sickness
• For 91 days in an year
Extended Sickness Benefit
• Eligible for 34 notified long-term diseases
• Upto 730 days during a period of 3 years
• 80% of wages for each day of leave due to sickness
Enhanced Sickness Benefit
• For family planning operations
• For women 14 days full wages
• For men 7 days full wages
Maternity Benefit
• 26 weeks full wages
• If already having two surviving children then benefit for 12 weeks only
• For miscarriage, 42 days full wages
• Full wages for 12 weeks – who adopts a child below the age of 3months, commissioning mother – from the date the child is handed over.
Temporary Disablement Benefit
• For the days of disability due to employment injury
• 90% of wages for each day of incapacity to work
• So long as the temporary disability existed
Permanent Disablement Benefit
Monthly pension in accordance with the percentage of permanent disability caused due to employment injury- Till death
Dependant’s Benefit
• Monthly pension to the dependants of an employee who died due to employment injury
• To wife till re-marriage or death
• To children upto the age of 25
• To the widowed mother – Till death
• 90% of wages of the deceased employee to be distributed as pension among the dependants
• 90% of wages of the deceased employee to be distributed as pension among the dependants
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