Essentials of Indian Labour Law for every Employer
This course is brought to you by Kerala State Productivity Council.
The course has been designed to give critical insight of essential Labour Laws in India which every Employer should know. This will also be useful as a reference point for HR Managers, Administrators and Finance Managers to resolve their day to day problems. The incorporation of the day to day problems and the practical solutions based on the decisions of various High Courts and Supreme Court will make it handy for the Managers to resolve many of the problems. This is a unique programme specially designed for the practicing Managers.
Program Overview
Learning Outcomes
To understand the implications of non- implementation of various provisions of essential Labour Laws and the penal consequences that will follow. In order to manage an establishment and the organisation to be respected by the society one should have the knowledge and commitment to follow the Laws applicable to the establishment.
Duration : 20 hours
The course has been designed to give critical insight of essential Labour Laws in India which every Employer should know.
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Course Contents
Module 1: Provident Fund
- Employees Provident Fund & Miscellaneous provisions Act 1952.
- Schemes under the Act
- Coverage of Establishments
- Contribution to the Fund
- Excluded employee.
- Wages & Contribution
- Principles to excluded Allowances
- Decisive Test of Wages
- Salary limits and Continuity
- Decisive test of Employer-employee relationship.
- Who will be prosecuted for Offence
- Powers under section 7A
- Employees working at home
- Employees engaged by the contractor
- Part time employee
- International worker.
- Three major Violations
- Penal Interest and Damages
- Review, Appeal and Deposit
- Special provision for disabled
- Conditions for Dependent Benefits
- Dependant Benefits
- Liability of Principal Employer
- Clubbing of Units. Kerala HC
- Clubbing of Units. Kerala HC
- Day to day problems
Module 2: Employees State Insurance (ESI)
- Employees State Insurance Act 1948
- Applicability
- Coverage
- Applicability
- Coverage
- ESI – Liability of Principal Employer
- Employee
- Who is an employee
- Casual Contractors
- Not to be counted as employees
- Job work inside the Factory
- Job work – No code Number
- Job Work out side less than 10
- Less than 10 but no supervision
- Supervision & Control
- ESI – Reduced the contribution
- ESI - Revision – Superspeciality
- Salary limits and Continuity
- Determination of dues
- No Employee Contribution
- Review, Appeal and Deposit
- Claim of Damages
- Special provision for disabled
- Conditions for Dependent Benefits
- Dependant Benefits
- ESI & MACT
- Construction site workers
- ESI - Washing allowance
- ESI and Sick Leave
- Effect of increase in wages retrospective date
- Not be counted for coverage
- Professional Consultants
- ESI & Leave Encashment
- Use of power meaning
- Prohibition under section 73
- No double benefit
- Mandatory Imprisonment
- Penalties
- Punishment for Employee
- Maximum Punishment
Module 3: Employees’ Pension Scheme
- Employees’ Pension Scheme 1995
- Benefits under the Scheme
- Who are all eligible for Pension
- Factors of Eligibility For Pension
- Member Pension Calculation
- When service is 20 yrs or more.
- When service rendered is below 10 years
- Table – D(For withdrawal benefit)
- Past Service pension
- Pension for those who having eligible service
- Early Pension on unemployment
- Disablement Pension
- Widow Pension
- Calculation of Widow Pension
- Children Pension
- Child with disability
- Nominee/Parent pension
- Orphan pension
- Guarantee of Pensionary Benefits
- Miscellaneous
Module 4: Sexual Harassment at Work Place
- Sexual Harassment of Women at Work Place (Prevention, Prohibition & Redressal ) Act 2013
- What is sexual harassment
- Vishakha case supreme court 1997
- Evolution of POSH Act
- International commitments
- Remedies Under IPC
- IPC 509 & IPC 354
- Salient Features of the Act
- Employer - contractor
- What is meant by “unwelcome”
- Internal complaints committee
- Members of ICC
- Presiding officer
- Employee members
- External member
- Person familiar with issue relating to sexual harassment.
- Quorum for internal complaints committee
- Termination / Ex-party enquiry
- What is the necessary step after completion of enquiry
- Location of internal complaints committee
- Complaint against employer
- LCC – constitution
- Disqualification of chairman and members of ICC
- Filing of compliant -time limit
- Conciliation -scope
- How to conduct the enquiry.
- Interim relief – recommendation
- ICC Recommendations
- ICC Enquiry and domestic enquiry
- ICC Inquiry and domestic enquiry
- Time frame to take action
- False complaint / evidence
- Publication of proceeding
- Action on the recommendations
- If the Employer is not acting on the recommendation of ICC
- Duties of employer
- Punishment for employer
- Effect of criminal case
- Amendment of IPC
- Judgments
- CSIR
- Apparel export promotion council
Module 5: Industrial Disputes
- Industrial Disputes Act 1947.
- Triple test of industry
- Important definitions
- Important terms
- Preventive machineries
- Section 9A. notice of change
- Grievance redressal machinery
- Conciliation
- Adjudication
- Powers of labour court, tribunals and national tribunals
- Strike and Lock-outs
- Lay-off
- Retrenchment
- Conditions to remain unchanged
- Industrial Disputes (Amendment) Act, 2010
- Prohibition of strike and Lockout
- Grievance redressal machinery
- Punishments
Module 6: Standing Orders
- Industrial Employment (Standing Orders )Act 1946
- Definitions
- Model standing orders
- Procedure for certification
- Preparation of draft SO
- Procedure for certification
- Register of standing orders
- Posting of standing orders
- Duration and modification
- Statutory conditions of service
- Contract of employment and standing orders
- Power to interpret
- Modification of standing orders
- Change in the model SO
- Standing orders is supreme
- SO for less than 50 workmen
- Workmen retired and appointed on contract
Module 7: Maternity Benefit
- Maternity Benefit Act 1961 and Amendment 2017
- Applicability
- Maternity Benefit (Amendment) Act 2017
- Maternity leave increased
- Third Child, Adoption
- Commissioning mother
- Other Benefits
- Miscarriage
- Continuance of payment of maternity benefit
- Non Cash Benefits
- Benefits in the case of death of a woman
- Creche facility
- Eligibility for contract workers
- Prohibition for dismissal
- What are gross misconducts
- Notice to the employer
- Forfeiture of maternity benefit
- Appointment order
- Nursing breaks
- Every women employee eligible
- Relevant cases
- Punishments
- Paternity Leave for Govt. Employees
- Contractual employees
- Teachers in unaided schools
Module 8: Contract Labour
- Contract Labour (R&A) Act 1970
- Principal employers’ liability
- How to safeguard Employer
- How to safeguard Employer
- Minimum wage Amendment
- Legal Aspects
- Sham Contract – Implications
- ISRO - Contract Workers HC - Kerala
- Important Clarifications