Hi... Can someone please let me know what are the rules with regards to payments / leave for labour in a NEW factory? what benefits according to the law are to be given to the workforce? thanks
From India, Mumbai
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From India, Mumbai
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Hi Mr. Malik,
I need to know what laws are applicable for a new factory. Laborers are on a contract basis. What benefits are applicable to them for annual leave, salaries, holidays, bonus, overtime, etc.? I would appreciate as much information as possible.
Thanks,
Anne
From India, Mumbai
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I need to know what laws are applicable for a new factory. Laborers are on a contract basis. What benefits are applicable to them for annual leave, salaries, holidays, bonus, overtime, etc.? I would appreciate as much information as possible.
Thanks,
Anne
From India, Mumbai
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Dear,
Different acts will apply for a new factory, alongside other laws. I am specifying laws related to labor: the Factories Act, PF Act, ESI Act, Maternity Benefit Act, Equal Remuneration Act, Gratuity Act, Payment of Wages Act, Minimum Wages Act, Standing Orders Act, etc. There are many more acts as well.
Basically, you want to know everything within two lines, which is not possible. There is a provision in the Factory Act regarding annual leave, OT, etc.
Thanks,
J.S. Malik
From India, Delhi
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174Different acts will apply for a new factory, alongside other laws. I am specifying laws related to labor: the Factories Act, PF Act, ESI Act, Maternity Benefit Act, Equal Remuneration Act, Gratuity Act, Payment of Wages Act, Minimum Wages Act, Standing Orders Act, etc. There are many more acts as well.
Basically, you want to know everything within two lines, which is not possible. There is a provision in the Factory Act regarding annual leave, OT, etc.
Thanks,
J.S. Malik
From India, Delhi
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Dear Anne, It is better to appoint a HR officer for your unit. Regards, R.N.Khola (Labour Law & Legal Consultants)
From India, Delhi
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From India, Delhi
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Dear Anne,
It is indeed a very far-stretched query. Mr. Malik JS is quite fair in his reply. Please provide the following information:
1. Where is the location of the Factory?
2. How many contract laborers are employed through a contractor?
3. What type of job is being assigned to the workmen?
4. In what capacity are you employed?
The Factories Act, Payment of Wages Act, Equal Remuneration Act, PF, ESI, Workmen Compensation Act, Payment of Gratuity Act, Payment of Bonus Act, ID Act, Maternity Benefit Act, etc., are all applicable.
Please revert back with your specific problems/workings, etc., so that it can be sorted out on a case-to-case basis.
Regards,
Dy Manager Admin & IR
From India, New Delhi
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It is indeed a very far-stretched query. Mr. Malik JS is quite fair in his reply. Please provide the following information:
1. Where is the location of the Factory?
2. How many contract laborers are employed through a contractor?
3. What type of job is being assigned to the workmen?
4. In what capacity are you employed?
The Factories Act, Payment of Wages Act, Equal Remuneration Act, PF, ESI, Workmen Compensation Act, Payment of Gratuity Act, Payment of Bonus Act, ID Act, Maternity Benefit Act, etc., are all applicable.
Please revert back with your specific problems/workings, etc., so that it can be sorted out on a case-to-case basis.
Regards,
Dy Manager Admin & IR
From India, New Delhi
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Dear Sir,
From the information provided, it appears that your factory is located in Mumbai. The Factories Act of 1948 and the Maharashtra Factories Rules framed thereunder are applicable.
According to the definition, a 'Workman' means every person engaged in the factory, whether permanent, casual, temporary, contract labor, apprentice, trainee, substitute, etc., performing skilled, semi-skilled, or unskilled, clerical, supervisory, or managerial work falls within the purview of the definition.
Under the provisions of the act, every workman who works for 20 days or more is entitled to one day of leave. A workman who works for more than 240 days in a calendar year and continues employment into the next year is entitled to one day of leave for every 20 days of work performed.
A workman who resigns, quits, is discharged, or dismissed from service is entitled to leave wages for any accrued but unused leave. For further details, please refer to the provisions of the act.
If you require more clarification, please feel free to contact me on my cell at 9890752690.
I hope this information resolves your query.
Thanks,
Avinash Kanoray
From India, Pune
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From the information provided, it appears that your factory is located in Mumbai. The Factories Act of 1948 and the Maharashtra Factories Rules framed thereunder are applicable.
According to the definition, a 'Workman' means every person engaged in the factory, whether permanent, casual, temporary, contract labor, apprentice, trainee, substitute, etc., performing skilled, semi-skilled, or unskilled, clerical, supervisory, or managerial work falls within the purview of the definition.
Under the provisions of the act, every workman who works for 20 days or more is entitled to one day of leave. A workman who works for more than 240 days in a calendar year and continues employment into the next year is entitled to one day of leave for every 20 days of work performed.
A workman who resigns, quits, is discharged, or dismissed from service is entitled to leave wages for any accrued but unused leave. For further details, please refer to the provisions of the act.
If you require more clarification, please feel free to contact me on my cell at 9890752690.
I hope this information resolves your query.
Thanks,
Avinash Kanoray
From India, Pune
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Amended Labor Laws.doc
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