Indian Labour Law Overview: Is This Your Go-To Quick Reference Guide?

Hi everyone,

Attached is an overview of the entire Indian Labour Law. Have a look. It's a nice document to store for quick reference.

Dear ZSK,

I sincerely appreciate your effort. However, there are a few corrections you need to make. Please refer to the following and correct accordingly:

1) Under the Employee Provident Fund and Miscellaneous Provisions Act:
Sl. No. 2.3, you have mentioned that Form 3A has to be submitted. Please note that it is not "3A" but it is "12A". It has to be submitted along with Forms 5, 10, and 12A, and combined challans before the 25th of every month. Form 3A and 6A are the annual returns which should be submitted before the 25th of April every year.

2) Employees State Insurance Act:
Sl. No. 4.1 The maximum limit of salary for which contributions have to be made is Rs. 10,000/- and not Rs. 6500/-
Sl. No. 4.3 Please add "along with the paid challans" after "Bi-Annually return of contribution in quadruplicate within 30 days of the end of the contribution period (Form 6)"

Dear members, kindly correct me if I am wrong.

Regards,
Gururaj.

Dear ZSK,

I sincerely appreciate your effort. However, there are a few corrections you need to make. Please refer to the following and correct accordingly.

1) Under Employee Provident Fund and Misc. Provisions Act; Sl. No. 2.3, you have mentioned that Form 3A has to be submitted. Please note that it is not 3A but 12A. It has to be submitted along with Form 5, 10, and 12A, and combined challans before the 25th of every month. Form 3A and 6A are the annual returns that should be submitted before the 25th of April every year.

2) Employees' State Insurance Act; Sl. No. 4.1 The maximum limit of salary for which contributions have to be made is Rs. 10,000, not Rs. 6,500. Sl. No. 4.3 Please add "along with the paid challans" after "Bi-Annually return of contribution in quadruplicate within 30 days of the end of the contribution period (Form 6)."

Dear members, kindly correct me if I am wrong.

Regards, Gururaj.

Dear ZSK,

Thank you for your good contribution. However, please update the ceilings and any other provisions in the shared chart. For example, the ceiling under Bonus & ESI is now Rs. 10,000/- and under PF, it is Rs. 6500/-.

Thanks,
Prashant

Dear All,

As Mr. Gururaj pointed out, combined returns of PF have to be submitted before the 25th of every month (Form 5 & 10, pay challans & Form 12A). Form 3A & 6A should be submitted once a year.

For ESI, the maximum gross salary should be Rs. 10,000, not the basic.

Hi,

I feel there is a lack of proper communication between you and your reporting manager. Please interact with your line manager. If you had kept your reporting manager updated on a daily basis, the problem would not have arisen in the first place.

Since the issue had already gone out of hand, you need to approach the labor court with all the available documents so that proper legal action can be initiated.

For Mr. Ravi - Please don't provoke people to do acts outside the legal purview. Also, you need to evaluate every situation rationally and not emotionally and guide people accordingly. I went through the previous posts and came to know that you are a senior CiteHR member. By provoking people in this manner, you are not setting a very good example for others.

Regards,
Debashish

A good update for HR professionals. But is it enough for a factory? I was an HR Executive in the IT field, but due to the recession, I want to transition to a manufacturing company. I need your advice.

Hi,

Thank you for the information. However, I still have a query. This is very basic information. Can we get more details about the rules and regulations on the same?

Dear,

The minimum wages are notified and declared by the appropriate government under the Minimum Wages Act, 1948.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law and Legal Consultants)
09810405361

Dear ZSK85,

Thank you for summarizing all the laws concisely. The concept is good. I have one request: do you have any information on the Apprentice Act of 1961? If you have a write-up, please email it to me at ajsahib@rediffmail.com.

Thanks,
AJSAHIB

Dear ZSK and other members,

Thank you, ZSK, for sharing the material. I am reposting the same material posted by ZSK, with the changes required and suggested by other members. I hope this copy is now satisfactory.

I want information about a person who is appointed for only a probation period but, for some reason, he has been continuously working with us for 5 years. No appointment letter was given to him. Is he liable for getting gratuity and encashment of leave?

Hi friends, I need your advice on how to proceed in my case. I am a doctor in Kolkata and had completed 6 locum duties at a private hospital in the first week of July. I have been requesting payment since then, which they have continuously delayed, and now they are refusing to pay me. I have informed them that I am willing to take legal action to secure my payment. How should I proceed? Can anyone guide me?

The information posted is really very helpful. Can anybody help me with the number of amendments done in this law along with the details of the dates?

Thanks,
Kamayani

Hi Mano Kavin,

Please note the following:

EMPLOYEES' PROVIDENT FUND: You have mentioned the Employees' contribution up to a Salary (Basic + DA) less than or equal to Rs. 5000/-. Sorry, that is incorrect. The actual amount is (Basic + DA) Rs. 6500/- and not Rs. 5000. Contributions should be deposited within 15 days through challan (i.e., to submit the challans along with monthly returns on or before the 15th of every month). Form 3A is not a monthly return. Form 3A along with 6A (Annual return) should be submitted to the PF on or before the 30th of April. Showing additions/deletions in members with details within 15 days of the close of every month (Form 9 / 5) should be submitted as a monthly return. Form 5 - Addition Form 10 - Left service.

EMPLOYEES' STATE INSURANCE ACT: For salaries less than or equal to Rs. 6500/-, the limit has been revised to Rs. 10000 on gross salary. It is not Rs. 6500; that limit applies to the PF limit. This is just for clarification.

Thank you.

Can you help me know if this labor law is applicable in the same way to a college? If yes, what steps can be taken if this is not being followed?

Dear Gururaj,

Correction in ESI limit is needed as effective from 01-05-2010, it has been revised to Rs. 15,000/- from the earlier limit of Rs. 10,000/-

Regards,
Harish

Hi everyone,

Attached is an overview of the Indian Labour Law. It's a nice document to keep on hand for quick reference.

Hi,

Really a nice piece for quick reference. I am having one question, if a firm which is dealing in broking of insurance products is under the Companies Act, then is it necessary for it to comply with the Shop and Establishment Act?

Kindly cc your reply to [Login to view].

Regards,
Rachna

Please refer to clause 4.1 of your article, i.e., the scope of the ESI Act. It may be pointed out that the Central Government has raised the ESI Ceiling from Rs. 7500/- to Rs. 10000/- through a notification in the Gazette of India Extraordinary, Part II, Section 3, subsection 1 dated 22/09/2006 for coverage under the Act. So, now employees earning a salary/wages equal to or less than Rs. 10000/- will be covered under the ESI Act.

Regards,
Anuj

Good posting. But I find the following:

1. Provident Fund: Salary for initial coverage is Rs. 6,500. This means that at the time of joining, if the salary is not more than Rs. 6,500, EPF is MANDATORY for an establishment of 20 employees. Once covered, a member of EPF will continue to be covered irrespective of salary. For those whose salary at the time of joining exceeds Rs. 6,500, it is optional.

2. ESI: The salary ceiling is Rs. 10,000 (w.e.f 1-10-06) and not Rs. 6,500. It was Rs. 7,500 until 30-9-06.

3. Under the Maternity Benefit Act, a woman is eligible for maternity benefits provided she had worked for 160 days during the 12 months immediately preceding the date of expected delivery.

4. The salary ceiling for eligibility of Bonus under the Payment of Bonus Act has been revised to Rs. 10,000.

Please go through a PowerPoint presentation on Labour laws available in the Labour and Employees Relations forum of this site. Please see the attachment.

Regards, Madhu.T.K