Industrial Relations And Labour Laws
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Dear all Can any one tell me briefly about diifrecne in Manufactoring industries labour law and matter of Building and Other construcion Worker law and also about act
From India, New Delhi
Dear Friend, Each law has its applicability. Like Factory Act applicable for manufacturing units. BOCW Act is applicable to unorganised sector of labours engaged in building works. Regards
From India, Vadodara
Dear Ashok
Please ask the complete question / querry to get the proper reply from the members.
Hope you are asking the details for preparing your Course Project Report.
Manufacturing Industries - Factories Act
Construction Industries - BOCW Act, 1996
Mining Industries - Mines Act
These are the three industries where normally unskilled manpower are being deployed.

From India, Kumbakonam
Dear Sir
Mr Bhaskar
You right I want to know about
Construction Industries - BOCW Act, 1996
But not for project genrally use
Like that
01. How many Gajjeted and National Festival in whole year.
02. When Act applicable
03. Special health and Safety Policy (If any)
04. Working Hours.
05. O.T. Rules ( if any diffrence )
06. Applicability of EPF for constrcution worker
07. Weifare Fund
08. ESIC covreage for them
I know genral thing about this and one book of this act clear all this
But sir
I want to genral from this forum because my query clear here only
I think
Books are our friends not teacher but in this forum many teacher availble for us
Sorry if anything wrong
Thanks and Best Regrds

From India, New Delhi
Dear Ashok

Let me try to give you the reply one by one for your questions.

Construction Industries - BOCW Act, 1996

Normally in construction Industries, we used to follow the Contract Labour (R&A) Act, 1971, and we take Labour Licence before commencement of Construction Job. In that Act, normally the details are given about the Contract Workforce, Obtaining Labour Licence Procedure, Welfare Measures, and all about the contract Workmen. The Government felt that the act is not having the uniqueness.

Hence in 1996, Govt Introduced the Building & Other construction Workers Act, (in Short, BOCW Act), BOCW Rules and BOCW Welfare Cess Act, BOCW Welfare Cess Rules. In BOCW Act & Rules it has given the direction about the Welfare measures to Workmen, Safety Precautions and many Technical Aspects about the Tools, Tackles, Instruments, Machineries, Lifting Appliances, its maintenance, inspection, etc. Medical Facilities required to be given to the injured workmen, Periodical Medical Check up for drivers, operators, food handlers, etc., Pre employment Medical Check up for every workmen. It required to be inspected by a technical person. Hence Factory Inspector has been empowered to act as BOCW Inspector.

In this Act, for implementation purpose the Government needs fund. So they implemented the BOCW Welfare Act, which made the provision to collect 1% minimum and Maximum of 2% of the Cost of Construction / Works carried out during the Financial Year to be paid as BOCWW Cess to the BOCWW Cess Board.

Now the funds are getting collected from the Construction Industries, but how to spend the same? A million Dollar question arises. Hence the Government made one more provision that the workmen engaged in construction activities will be registered as Beneficiaries of the Fund duly generated and they made the rules to issue the Beneficiary Cards / BOC Worker Identity Card to the workmen working in Construction Sites after obtaining the Application Forms + Age/Name/Address/Family Details Proof + Fee for Registration (In AP it is Rs.62/- in First Year and every year Rs.12/- as renewal Fee & In Gujarat Rs.100/- in First Year and every year Rs.75/-) as fixed by the Act as not exceeding Rs.50/-.

Hope you could have got some idea about the said act.

01. How many Gajjeted and National Festival in whole year.

Ans : There are 3 National Holidays and 6 or 7 Festival Holidays are to be given as paid holidays to the workmen as fixed by the State Government.

02. When Act applicable

The act is applicable immediately on commencement of Job.

03. Special health and Safety Policy (If any)

Please read the Health, Safety and Environment details in Section 32 to 41 in BOCW Act.

04. Working Hours.

Check the Section 28 & 29 in BOCW Act.

05. O.T. Rules ( if any diffrence )

See Section 29 in BOCW Act

06. Applicability of EPF for constrcution worker

EPF is applicable for all the workmen, and it must be deducted 12% from the employee and further remitted alongwith the employer share to EPFO every month.

07. Weifare Fund

Hope you are asking about the Labour Welfare Fund here. The amount varies from state to state and from time to time. Please check it with your License Issuing Authority.

08. ESIC covreage for them

Generally ESI Coverage is not applicable for Construction Workers. But if your construction Activities are being done in the premises of Factories or your principal employer is covered under ESI, then obviously you also required to make payment of ESI as 1.75% Employee Share and 4.75% Employer Share.

Hope your querries are attended by me.

Any further querries never hesitate to ask.

All the best and wish you happy learning.

From India, Kumbakonam

Attached Files
File Type: doc BOCW ACT, 1996.doc (163.5 KB, 4755 views)
File Type: doc Employees' State Insurance Act 1948.doc (462.5 KB, 1283 views)
File Type: doc Employees' PF & Misc Prov Act 1952.doc (262.5 KB, 1221 views)

Dear S. Bhaskar,
I have 1 query regarding the EPF Act under BOCW Act, 1996. My query is the worker working under this act are not permanent, also they have no address proof as they are living in the construction site, nor they have birth proof & beacuse of this he is not able to open his bank account, in this case how the employee will get his p.f. after resigning or completion of project.

From India, Surat
Dear Arihant
I do not think there will be some problem in opening a Savings Account in a Post Office nearer to his home town. Normally they never ask for any proof.
Further it is intimated that the Address Proof is very much available, if any person approach the nearest post office to his residence. Please see the below link which may be useful for one and all.

From India, Kumbakonam
Excellent explanation. Though I am in the Construction sector for the last 25 yrs, I was not aware of the entire regulations which are in place. I think you did not cover Worman compensation Act.

From India, Lucknow
Without knowing the identity of workers why should you employ them? Being an employer or Principal employer (if you engage workers through a contractor) you should know the place of birth, in which Police Station they belong to etc. This is very important because there are lot of cases of involvement of such migrant labours in terrorism, theft, rape and other anti social activities. Remember that we are suppose to get registration and file certain returns also under the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)Act, 1979, if we employ five or more migrant employees. The very purpose of the Act is to "REGULATE" such employment. Therefore, avoid engaging any employee if you are not satisfied about his identity.

From India, Kannur
Mr. Bhaskar, You were saying that ESI Act will not apply on these workers engaged under BOCW Act, 1996. Do you have copy of such notification or something? If so, can you send the same. Balaji
From India, Madras

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