Department of Labour  |      Employees State Insurance Scheme     |       Employment & Training                                                

ACTS & RULES

PAYMENT OF WAGES ACT 1936 & RULES;
MATERNITY BENEFIT ACT, 1961 & RULES;
OTHER ACTIVITIES OF THE DEPARTMENT;


PAYMENT OF WAGES ACT, 1936 AND THE RULES MADE THERE UNDER

OBJECTIVE OF THE LEGISLATION:

The payment of wages act, 1936 regulates the payment of wages to certain classes of persons employed in the industry. The scope of this act is limited to the persons drawing the earned wages for the month, which does not exceed Rupees one thousand six hundred. The department is enforcing this legislation to the persons employed at the registered factories.

Main provisions envisaged in the Act:

  1. It regulates the payment of wages in time i.e., not later than 7th day from the last day of the wage period for factories employing less than 1000 employees and 10th day for factories exceeding 1000 employees.
  2. Wages shall be paid in cash in current currency with in the working hours.
  3. Only authorised deductions can be caused from the earned wages;
  4. Workers shall be issued wage slips giving all the details of their earned wages along with the wages paid;
  5. Fines can be imposed as per the rules specified;

CLAIMS WHICH CAN BE MADE UNDER THE ACT:

Delay in payment of earned wages or unauthorized deductions from the earned wages of the workmen, redressal can be obtained by filing an application under Section 15 of the Act, before the competent authority notified by the Government.

The application can be made either by the Inspector appointed under the Act, or by aggrieved person himself or through a registered trade union in prescribed formats viz., Form NO. A, Form No. B and Form C as the case may be.

The competent authority who hears the application may direct for immediate payment of earned wages in addition to imposing compensation for the said delay in payment of wages or ten times the wages for the unauthorised deductions made.

Any aggrieved workmen working in registered factories may contact the concerned area Inspector of Factories for suitable redressal.

STATUTORY REGISTERS TO BE MAINTAINED.

1.Wages register,

2.Register of advance;

3.Register of fines;

4.Register of deductions;

STATUTORY RETURNS TO BE FILED:

1.Annual return in Form No.IV (in duplicate) shall be submitted on or before 15th of February of the subsequent calendar year. (Form No. IV is annexed)

STATUTORY DISPLAY

Abstract of the act and of the rules made thereunder in Form no.V

THE MATERNITY BENEFIT ACT, 1961. AND THE RULES MADE THERE UNDER

OBJECTIVE OF LEGISLATION;

An act to regulate the employment of women in certain establishment for certain period before and after child birth and to provide for maternity benefit and certain other benefits.

The department enforces Maternity Benefit Act and the Rules in respect of woman workers employed in the registered factories only. The Chief Inspector of Factories is the appellate authority under the Act for any issues arising in this matter.

Wherever the worker is covered by the ESI the Maternity Benefit will be paid by the ESI Corporation in other cases the management has to pay the prescribed benefits which is being monitored by the department Inspectors.

Main provisions envisaged under the Act:

  1. Any woman worker who has worked for minimum of 80 days in a factory is eligible to claim the benefit under the Act by her employer;
  2. The benefit consists of payment of twelve weeks paid holidays (six weeks pre natal and six weeks postnatal).
  3. A medical bonus of Rs. 250/- is also eligible by the woman worker.
  4. No employer shall employ any woman in the factory before six weeks immediately following the day of her delivery;
  5. Woman workers are restricted to perform hazardous jobs during the pregnancy period.
  6. The amount of maternity benefit for the periods preceding the day of her expected delivery can be made in advance subject to production of proof and subsequent payment shall be paid by the employer within 48 hours of production of such proof that woman has delivered the child.
  7. The woman availing this benefit shall give her claim application in the prescribed form which has to be supplied by her employer;

Any grievances in respect of entitled maternity benefit for woman worker in registered factories may seek redressal from the department by making an application to the concerned Inspector of Factories and also Senior Inspectress of factories who has been entrusted with the special task of looking in to woman welfare in registered factories.

STATUTORY REGISTERS TO BE MAINTAINED:

  1. Muster roll in Form no.A;

STATUTORY RETURNS TO BE FILED

1.Form No. KLM to be submitted in duplicate on or before 31st of January of subsequent calendar year (Form No. KLM is annexed)

STATUTORY DISPLAYS

Abstract of the Act and the Rules made thereunder in Form no. J

OTHER ACTIVITIES OF THE DEPARTMENT

THE KARNATAKA STATE SAFETY INSTITUTE

The department is having one safety institute, established during 1985 and is headed by the chief inspector of factories and boilers as a chairman to carry out mission of propagation of safety in the registered factories throughout the state in addition to its regular administration of various labour laws. Institute is catering to the needs of the management by conducting training Classes in the respective regions by the concerned Deputy Chief Inspector of Factories. The training classes comprises of one day training for worker in the local languages and three day workshops for middle and top level management. During training there will be lectures both by the department officers and experts faculties inaddition to screening of safety films. A nominal fee of Rs.150 per person will be charged for one day training at the premises of the sponsorer and Rs.250, if the programme is held in the premises of the department, to meet the expenses incurred in organising training programmes. There is overwhelming response to the activities carried out by this institute. So far the institute has conducted

188 number of training programmes.

The management who are interested in availing this opportunity may contact the concerned Deputy Chief Inspector of Factories of the region.

PRESSURE VESSEL AND PLANT SAFETY MONITORING CELL:

The department is having pressure vessel and plant monitoring cell. The main functions of this cell is to carry out the supervision of safe operation of lifting tackles, EOT cranes, hosts, lifts, pressure vessels, power presses in addition to monitoring the works carried out by the recognised competent persons. The cell also verifies the application made by the individual or institutions for obtaining the recognition under the Act as competent person.

INDUSTRIAL HYGIENE LABORATORY

Department is having an industrial hygiene laboratory with all sophisticated equipment to monitor the work environment and to verify the health of the persons employed in hazardous process industries. The Medical Inspector of Factories is incharge of this laboratory.

All the workers employed in the hazardous process industries are required to be subjected to pre employment and periodical medical examinations as envisaged under the relevant provisions of the Factories Act and Rules made there under. Such examinations have to be carried out by the Factory medical officers. The medical Inspector of Factories and the Occupational Health Specialist of the department are also notified as certifying surgeons in respect of dangerous operations and processes in addition to the Government doctors/specialists notified from time to time by the Government can also carryout such examinations.

The department has conducted special studies in certain category of hazardous process industries about the health status of the employees employed in such factories and brought out status reports. The special studies includes asbestos; cement and sericulture activities.

The management may seek any additional information if required with regard to medical examinations of their employees or conduct any health studies at their work site from the departmental officers.