Labour Laws Compliance (An Overview) (1).pptx

Regarding labour laws

1. By: MALIK RIZWAN Labour Laws (An overview)

2. FACTORIES ACT, 1934 Definitions: WORKER - employed (directly or indirectly) in any manufacturing process or in cleaning any part of the machinery or premises used for manufacturing process. “ Child ” means a person who has not completed his fifteen year; “ Adolescent ” means a person who has completed his fifteenth year but has not completed his seventeenth year. “ Adult ” means a person who has completed his seventeenth year;

3. Factories Act, 1934 Section - 34. Weekly Hours: Not more than forty eight (48) hours in any week. Section - 37. Interval for Rest: The period of work of adult worker shall be fixed either; a. After six hours continuous, one hour rest ; or b. After five hours continuous , half an hour rest, or for more than eight hours in a day he has had at least two such intervals.

4. SPREADOVER Section – 38 (Factories Act, 1934) : The periods of work of an adult worker in a factory shall be so arranged that along with his intervals for rest under Section 37, they shall not spread over more than twelve (12) hours in any day

5. COMPENSATORY HOLIDAYS Section 35-A (Factories Act, 1934): whereas as a result of the passing of an order or the making of a rule under the provisions of this Act, a worker is deprived of any of the weekly holiday(s), he shall be allowed as soon as circumstances permit, compensatory holidays of equal number to the holidays so lost.

6. REGISTER OF SUBSTITUTED HOLIDAYS Form “R” Punjab Factories Rules, 1978 Service No. Name Father’s Name Date of entry into Service Interruption Others Holiday w.e.f . Whether Holidays not desired in the next 12 month Date from which Leave Allowed Remuneration Paid Name of the Nominee Discharged Worker Dates Leave Allowed REMARKS Sickness & Accident Authorized Leaves Lock out & Legal Strike Involuntary Unemployment Sr. # Date of Discharge Date and amount paid leaves Casual, Sick, Festival 1 st Moiety 2 nd Moiety

7. HOLIDAYS WITH PAY Factories Act, 1934 Section 49-A : The provisions of this chapter shall not operate to the prejudice of any rights to which a worker may be entitled under any other enactment, or under the terms of any award, agreement or contract of service. Section 49-B; (1) Every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months holidays for a period of fourteen (14) consecutive days, inclusive of the day or days, if any, on which he is entitled to a holiday under Sub-Section (1) of Section-35 (weekly holiday)

8. CHAPTER – III HEALTH & SAFETY Section – 13 CLEANLINESS: Every factory shall be kept clean and free from effluvia (exhalation affecting lungs) arising from any drain, privy or other nuisance, Section – 14 Disposal of Wastes and Effluents Section – 15 Ventilation and Temperature Section – 16 Dust and Fumes Section – 17 Artificial Humidification Section – 18 Overcrowding Section – 19 Lighting

9. CHAPTER – III HEALTH & SAFETY Section – 20 Drinking Water Section – 21 Latrines & Urinals Section – 22 Spittoons Section – 23 Precautions against contagious or infectious disease: Every workers in a factory shall be provided with a “Hygiene Card” Section – 23-A Compulsory Vaccination and Inoculations Section – 24 Provision of Canteen: for factories having more than 250 workers Section – 25 Precautions in case of Fire Section – 26 Fencing of Machinery etc.

10. SHOPS AND ESTABLISHMENT ORDINANCE, 1969 DEFINITION: “Commercial Establishment ” any establishment which carries on any business, trade or profession or any work in connection therewith, includes; A clerical department of a factory or of any Industrial or Commercial undertaking, Insurance company, Joint Stock Company, Bank, Brokers’ office, Office of Lawyer, Income Tax, Registered Accountants, Contractors etc. BUT does not include a Factory, Shop, Residential Hotel, Restaurant, Eating House, Theatre or other places of Public amusement or entertainment.

11. SHOPS & ESTABLISHMENT ORDINANCE, 1969 Section - 9. OVERTIME WAGES: When any employee is required to work overtime in any establishment, as provided in the proviso of Section 8, the wages payable to such employee in respect of such overtime work shall be calculated at Double the Ordinary Rate of wages payable to him. Provided that no overtime shall be payable to the contract workers employed on piece rate basis.

12. EMPLOYMENT (Record of Service) ACT, 1951 Section – 4 : Service Books to be issued for all workers by the employer in prescribed form; and the employee shall keep a duplicate of the record. The employer shall hand over the Service Book to the employee upon termination of service, which he may produce to the next employer

13. BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 1. Bonded Labour System means the system of forced, or partly forced labour under which a debtor enters, or has or is presumed to have entered into an agreement with the creditor to the effect that he would render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor or for the benefit of creditor, for a specified period or for an unspecified period, either without wages or for nominal wages.

14. BONDED LABOUR SYSTEM (ABOLITION) ACT, 1992 Section-4. Abolition of Bonded Labour : - 1. On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour . 2. No person shall make any advance under or in pursuance of, the bonded labour system or compel any person to render any bonded labour or other form of forced labour . Section-14. Punishment in contravention of the provisions 2- to 5 years imprisonment and fine upto Rs. 50,000

15. INDUSTRIAL RELATION ACT, 2012 TRADE UNIONS & FREEDOM OF ASSOCIATION : workers without any distinction shall have the right to establish a trade union of their own choice, and join any national or international association; provided no worker shall be entitled to be member of more than one trade union at a time. EMPLOYER: without any distinction shall have the right to establish and join any national or international associations of their own choice. Every Trade Union shall form its constitution.

16. INDUSTRIAL RELATIONS ACT, 2012 SHOP STEWARDS Section 33: A link between worker and Management; in every establishment in which fifty or more workers are employed, SHOP STEWARDS, from amongst the workers in a shop, section or department shall be nominated by the CBA for one year through balloting. Shop Steward shall act as a link between the workers and the Management, assist in improvement of working conditions, production, help workers in settlement of their problems and Individual Grievances.

17. INDUSTRIAL & COMMERCIAL EMPLOYMENT (STANDING ORDERS) ORDINANCE, 1968 DEFINITIONS: “Workman” means any person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical work for hire or reward. Classification of workmen 1. Permanent (more than 9 months and has satisfactorily completed probationary period including a Badli) 2. Probationer (Provisionally employed) 3.Badli (Substitute of a permanent worker) 4.Temporary (Employed against temporary nature of job) 5. Apprentice (within the meaning of Apprenticeship Ordinance, 1962) 6. Contract Worker (who works on Contract Basis)

18. SOME PROMINENT LABOUR LAWS (ACTS & ORDINANCES) Apprenticeship Ordinance, 1962 Factories Act, 1934 Disabled Persons Employment Ordinance, 1981 Punjab Fair Price Shop Ordinance, 1971 Industrial & Commercial Ordinance (STANDING ORDERS), 1968 Shops & Establishments Ordinance, 1969 Workman’s Compensation Act, 1923 Employees’ Old-age Benefits Act, 1976 Industrial Relations Act, 2012 Workers’ Welfare Fund Ordinance, 1971

19. THANK YOU!