a) quantum of back wages is dependent on the length of service, nature of misconduct and the employer’s financial condition; b) one year of continuous service means that a workman, during a period of 12 calendar months preceding the date with reference of which the calculation is to be made, has actually worked under the employer for not less than 240 days; c) non-compliance of certain sections of the Act would result in the reinstatement of a terminated workman; d) basis for awarding back-wages in reinstatement; e) Labour Court shall not entertain a dispute when the establishment is not an ‘industry’, defined as any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes.
a) “Insured woman” means a woman who is or was an employee in respect of whom contribution is or were payable under Employees’ State Insurance Act and who is by reason thereof, entitled to any of the benefits provided under the said Act.
b) The number of weeks for maternity benefit is to be increased from 12 to 26 weeks
Summary of new act includes: a) Prosecution of a defaulting employer to be quashed when the deficiency was fulfilled. b) Prosecution of employer for delayed remittance of employee provident fund dues is quashable…
i) the jurisdiction of the forum court is a limited one; ii) the order of discharge or dismissal, as passed, is liable to be challenged before the Industrial Tribunal under the Act; iii) dismissal from service of a driver is justified if he caused the accident due to rash and negligent driving, resulting in the death of 1 person and injuries to 9 persons; iv) when damage caused on account of the accident itself proved that the accident took place due to rash and negligent driving by the workman-driver, not examining an eyewitness or not cross-examining the defence witnesses, are not grounds to vitiate the enquiry; v) while justifying a dismissal order, the past record, indicative of similar departmental actions on several occasions, is an appropriate form of supporting evidence; vi) If material placed on record by the management in a departmental enquiry indicates (prima facie) that the fatal accident took place, the burden of disproving the accident would shift upon the delinquent driver, by proving that the accident took place due to some cause other than his own negligence.
Employees’ State Insurance (Central) Amendment Rules, 2016, proposes to include the following changes: i) The definition of ‘insured woman’; ii) The number of weeks for maternity benefit is to be increased from 12 to 26 weeks.
The Central Government has fixed the INR 350/- per day as the minimum wages that has to be paid to lowest category of workers in the central sphere.
(1) Increase of penalty for contravention of Act from present INR 5000/- to INR 50,000/- which may extend to INR 1,00,000/-. (2) Impose penalty for failure to display provisions of Employee’s. Compensation Act.
(1) Increase the maximum period of maternity benefit from the existing twelve weeks to twenty-six weeks, in case of women who have less than two surviving children and in other cases, the existing period of twelve weeks maternity benefit shall continue. (2) To extend the maternity benefits to a “commissioning mother” and “adopting mother” and they shall be entitled to twelve weeks maternity benefit from the date of child is handed over…
When misconduct of misappropriation stands proved against the delinquent employee, reinstatement cannot be ordered. An employee holding a position of trust where honesty and integrity are inbuilt requirements of functioning, the matter should be dealt with iron hands and not leniently. When an employee is dealing with public money, highest integrity is expected out of the employee.
The Child Labour (Prohibition & Regulation) Act, 1986 has been amended to prohibit employment of children below 14 years of age in all occupations and processes. This prohibition shall not be applicable to those children: (i) who help their family/family enterprise after school hours; and (ii) who work as an artist in an audio-visual entertainment industry, including advertisements, films, television serials or any such other entertainment or sports activities except the circus. Further, the amendment also prohibits employment of adolescents in hazardous occupations and processes. For the point of clarity, the term “adolescents” means persons who have completed their fourteenth year of age, but have not completed their eighteenth year, and “child” means persons who have not completed their fourteenth year of age.