Summary of Labour Laws (Gujarat Amendment) Bill 2015
The following is the summary of the Labour Laws (Gujarat Amendment) Bill 2015, passed on 25th February 2015. It is awaiting only the publication of the State Government Gazette Notification; as per TOI's news yesterday, it is expected within the next 7-10 days, until the first week of October 2015.
1. Minimum Wages Act, 1948
Shops, establishments, or factories employing 20 or more manpower shall make the payment of minimum wages through bank accounts. As per the new definition of 'Employer,' 'Outsource Agencies' will also be included as Employers. This means contractors of service agencies employing 20 or more laborers (unskilled or skilled) will also pay wages through bank accounts only.
2. Employee's Compensation Act, 1923
Where an employee or his dependents fail to apply within 90 days, the government will nominate a government officer to apply on their behalf and provide remedies.
3. Building & Other Workers (Regulations of Employment & Conditions of Services) Act, 1996
Employees working as supervisors, whose salary is less than three times the minimum wages, will also be eligible for the benefits of the act. Previously, supervisors were excluded from taking benefits.
4. Labour Laws (Consolidated Furnishing of Returns)
Employers will submit ONLINE consolidated returns under the self-certification scheme for the following acts:
a. Factories Act, 1948
b. Minimum Wages Act, 1948
c. Gratuity Act, 1972
d. Payment of Bonus Act, 1965
e. Contract Labour (R&A) Act 1970
The details mentioned in ONLINE consolidated returns will be available for all stakeholders or workers, etc. It will also exempt the industries from inspections, which are enrolled. However, for checks and balances, it is proposed to have regular audits of such industries. The industries that comply with the Labour Standards will be exempted from inspections. It is also proposed to award such industries with appreciation certificates. (The same proposal was also explored by the Haryana Labour Department in 2005, but no notification was issued.)
5. Amendment under Various Labour Laws for Compounding Offences
At present, there is no such provision in Labour Laws. The following Labour Laws are covered under the Bill for compounding offences:
1. The Industrial Disputes Act, 1947
2. The Minimum Wages Act, 1948
3. The Payment of Bonus Act, 1965
4. The Contract Labour (Regulation and Abolition) Act, 1970
5. The Payment of Gratuity Act, 1972
6. The Motor Transport Workers Act, 1961
7. The Beedi Cigar Workers (Condition of Services) Act, 1966
8. The Equal Remuneration Act, 1976
Currently, criminal cases are filed for the violation of Labour Laws in the Court of Judicial Magistrate First Class. It takes several years for the disposal of such cases. The amount of fine is also meager. Further, the fine imposed is deposited in the treasury of the Government. It is therefore proposed to enhance the amount of fine up to Rs. 21,000/- under various Labour Laws. The compounding of the offences can be done only after the settlement of the dispute/grievances of the worker. Different amounts have been suggested for the compounding of different offences under various Labour Laws. It is proposed to disburse 75% to 100% of the compounded amount to the affected workers. In cases where workers are not identifiable, the compounded amount will be deposited in the Gujarat State Social Security Board.
6. Amendment under the Industrial Disputes Act, 1947
- It is proposed to amend the provision of declaring any activity as a Public Utility Service from six months to initially one year and subsequently for two years. The said amendment will help increase industrial productivity, and the public at large will benefit from continuous services of various emergencies. However, workers/industries can agitate their issues by way of strike/lock-out, as the case may be, after giving notice of 14 days.
- The complaints of reinstatement can be filed by the workers within one year (previously three years) from the date of retrenchment.
- Chapter V-D of the Industrial Disputes Act, 1947, is applicable to the Special Economic Zone (SEZ), where the retrenchment of workers is kept out of the definition of Industrial Dispute under the Industrial Disputes Act, 1947.
- To strike a balance, the retrenchment compensation is enhanced from 15 days to 45 days in the Special Economic Zone (SEZ). The present Bill proposes to expand the ambit of Chapter V-D of the Industrial Disputes Act, 1947, to Special Investment Regions (SIR), 100% Export Oriented Units, and National Investment and Manufacturing Zone (NIMZ). The bill also proposes to enhance the retrenchment compensation to 60 days.
- It is proposed to amend the provision for Notice of Change in Schedule IV of the Industrial Disputes Act, 1947, to exempt the industries from giving notice of change in cases of change in labour management due to modernization and innovations.
Thanks
From India, New Delhi
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30The following is the summary of the Labour Laws (Gujarat Amendment) Bill 2015, passed on 25th February 2015. It is awaiting only the publication of the State Government Gazette Notification; as per TOI's news yesterday, it is expected within the next 7-10 days, until the first week of October 2015.
1. Minimum Wages Act, 1948
Shops, establishments, or factories employing 20 or more manpower shall make the payment of minimum wages through bank accounts. As per the new definition of 'Employer,' 'Outsource Agencies' will also be included as Employers. This means contractors of service agencies employing 20 or more laborers (unskilled or skilled) will also pay wages through bank accounts only.
2. Employee's Compensation Act, 1923
Where an employee or his dependents fail to apply within 90 days, the government will nominate a government officer to apply on their behalf and provide remedies.
3. Building & Other Workers (Regulations of Employment & Conditions of Services) Act, 1996
Employees working as supervisors, whose salary is less than three times the minimum wages, will also be eligible for the benefits of the act. Previously, supervisors were excluded from taking benefits.
4. Labour Laws (Consolidated Furnishing of Returns)
Employers will submit ONLINE consolidated returns under the self-certification scheme for the following acts:
a. Factories Act, 1948
b. Minimum Wages Act, 1948
c. Gratuity Act, 1972
d. Payment of Bonus Act, 1965
e. Contract Labour (R&A) Act 1970
The details mentioned in ONLINE consolidated returns will be available for all stakeholders or workers, etc. It will also exempt the industries from inspections, which are enrolled. However, for checks and balances, it is proposed to have regular audits of such industries. The industries that comply with the Labour Standards will be exempted from inspections. It is also proposed to award such industries with appreciation certificates. (The same proposal was also explored by the Haryana Labour Department in 2005, but no notification was issued.)
5. Amendment under Various Labour Laws for Compounding Offences
At present, there is no such provision in Labour Laws. The following Labour Laws are covered under the Bill for compounding offences:
1. The Industrial Disputes Act, 1947
2. The Minimum Wages Act, 1948
3. The Payment of Bonus Act, 1965
4. The Contract Labour (Regulation and Abolition) Act, 1970
5. The Payment of Gratuity Act, 1972
6. The Motor Transport Workers Act, 1961
7. The Beedi Cigar Workers (Condition of Services) Act, 1966
8. The Equal Remuneration Act, 1976
Currently, criminal cases are filed for the violation of Labour Laws in the Court of Judicial Magistrate First Class. It takes several years for the disposal of such cases. The amount of fine is also meager. Further, the fine imposed is deposited in the treasury of the Government. It is therefore proposed to enhance the amount of fine up to Rs. 21,000/- under various Labour Laws. The compounding of the offences can be done only after the settlement of the dispute/grievances of the worker. Different amounts have been suggested for the compounding of different offences under various Labour Laws. It is proposed to disburse 75% to 100% of the compounded amount to the affected workers. In cases where workers are not identifiable, the compounded amount will be deposited in the Gujarat State Social Security Board.
6. Amendment under the Industrial Disputes Act, 1947
- It is proposed to amend the provision of declaring any activity as a Public Utility Service from six months to initially one year and subsequently for two years. The said amendment will help increase industrial productivity, and the public at large will benefit from continuous services of various emergencies. However, workers/industries can agitate their issues by way of strike/lock-out, as the case may be, after giving notice of 14 days.
- The complaints of reinstatement can be filed by the workers within one year (previously three years) from the date of retrenchment.
- Chapter V-D of the Industrial Disputes Act, 1947, is applicable to the Special Economic Zone (SEZ), where the retrenchment of workers is kept out of the definition of Industrial Dispute under the Industrial Disputes Act, 1947.
- To strike a balance, the retrenchment compensation is enhanced from 15 days to 45 days in the Special Economic Zone (SEZ). The present Bill proposes to expand the ambit of Chapter V-D of the Industrial Disputes Act, 1947, to Special Investment Regions (SIR), 100% Export Oriented Units, and National Investment and Manufacturing Zone (NIMZ). The bill also proposes to enhance the retrenchment compensation to 60 days.
- It is proposed to amend the provision for Notice of Change in Schedule IV of the Industrial Disputes Act, 1947, to exempt the industries from giving notice of change in cases of change in labour management due to modernization and innovations.
Thanks
From India, New Delhi
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Draft Factories (Amendment) Bill 2015.pdf