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Indian Railway Shramikkalyan Portal

Indian Railway Shramikkalyan Portal. Indian Railways. Inspiration.

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Indian Railway Shramikkalyan Portal

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  1. Indian Railway Shramikkalyan Portal Indian Railways

  2. www.shramikkalyan.indianrailways.gov.in

  3. Inspiration The development of this e-Application is the brainchild of the Honourable Minister for Railways, ShriPiyushGoyal, who motivated and directed Railways to develop this new IT initiative to protect the rights of contract labours engaged over Indian Railways www.shramikkalyan.indianrailways.gov.in

  4. Background • As per GCC-2014 Part-II, Para 54, 55, 55A (1 to 5) & 55B Indian Railways ensures compliance to various provisions of Labour Laws through respective contractors for the contract labours engaged by them over Railways. • As per GCC for Service Contract -2018, Chapter 6, Indian Railways ensures compliance to various provisions of Labour Laws through respective contractors for the contract labours engaged by them in services over Railways. • Clause 54, 55, 55A, 55B which directs the compliance to the provision of labour laws were being made by respective executives in manual mode duly informing Department of Labour regarding contract accepted on the system through ALC/RLCs. www.shramikkalyan.indianrailways.gov.in

  5. Background • On the behest of Hon’ble Minister of Railways in his first tenure development of digital platform to ensure compliance to these labour laws by Railway Ministry started in the month of March 2018. • The Portal was developed and put on trial on 08.08.2018 Vide letter No. 2018/CE-I/CT/4 • Shramikkalyan Portal was finally launched on Indian Railways on 10.10.2018 duly incorporating Clause 55C in GCC for Works Contract with basic minimum tools to ensure appropriate minimum wages to all the contract labours. www.shramikkalyan.indianrailways.gov.in

  6. Background • The Portal is still being improved upon to incorporate different provisions of various Act & Rules related to labor laws like overtime, rest days, night shift, deductions, compulsory bank payment, EPF/ESIC etc. to make the portal fully labour Law compliant. • The Item is being monitored by Hon’ble MR level and was reflecting in 3 items out of 17 Top priority items of Member Engineering under MR Dashboard . www.shramikkalyan.indianrailways.gov.in

  7. Background www.shramikkalyan.indianrailways.gov.in

  8. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Act • Objectives: For regulating employment of contract labour so as to place it at par with labour employed directly, with regard to working conditions and certain other benefits available under labour laws. Also empowers the appropriate Government to prohibit employment of contract labour in any process, operation or other work in any establishment keeping in view (i) the conditions of work and benefits provided for the contract labour in that establishment, (ii) whether the process, operation or other work is incidental to or necessary for the work of that establishment, and (iii) whether it is of perennial nature. www.shramikkalyan.indianrailways.gov.in

  9. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Act • Section 1(4) It applies— (a) To every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen: • Section 2(b) a workman shall be deemed to be employed as "contract labour" in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer; • Section 2(c) "contractor", in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods of articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; • Section 2(g) “principal employer” means - in relation to any office or department of the Government or a local authority, the head of that office or department or such other officer as the Government or the local authority, as the case may be, may specify in this behalf, www.shramikkalyan.indianrailways.gov.in

  10. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Act • Section 21 Responsibility for payment of wages.- (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorized by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorized representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. www.shramikkalyan.indianrailways.gov.in

  11. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Act • Section 29 Registers and other records to be maintained.- (1) Every principal employer and every contractor shall maintain registers and records giving particulars of contract labour employed, the nature of work performed by the contract labour, the rates of wages paid to the contract labour and other particulars in prescribed forms. (2) Every principal employer and every contractor shall keep exhibited within the premises of the establishment where the contract labour is employed, notices about the hours of work, nature of duty and other prescribed information. www.shramikkalyan.indianrailways.gov.in

  12. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Central Rules • WAGES • Rule 63. The contractor shall fix wage periods in respect of which wages shall be payable • Rule 64. No wage period shall exceed one month. • Rule 65. The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable. • Rule 66. Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated. www.shramikkalyan.indianrailways.gov.in

  13. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Central Rules • WAGES • Rule 67. All payments of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day. • Rule 68. Wages due to every worker shall be paid to him or to other person authorised by him in this behalf. • Rule 69. All wages shall be paid through Bank, where central Government is appropriate Government. • Rule 70. Wages shall be paid without any deductions of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the Payment of Wages Act. www.shramikkalyan.indianrailways.gov.in

  14. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Central Rules • WAGES • Rule 71. A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the principal employer under acknowledgement. • Rule 72. The principal employer shall ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative. • Rule 73. The authorised representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of Wages or the [Register of Wages-cum-Muster Roll], in the following form: “Certified that the amount shown in column No. ... has been paid to the workman concerned in my presence on ..... at .....” www.shramikkalyan.indianrailways.gov.in

  15. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Central Rules • RECORDS • Rule 74. Register of contractors.—Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII. • Rule 75. Register of persons employed.—Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form XIII “in Form A (specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017). • Rule 76. Employment Card.— Every contractor shall issue an employment cardin Form XIV to each worker within three days of the employment of the worker. • Rule 77. Service Certificate.—On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form XV. www.shramikkalyan.indianrailways.gov.in

  16. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Central Rules • RECORDS • Rule 78. Muster Roll, Wages Registers, Deduction Register and Overtime Register.— (a) Every contractor shall in respect of each work on which he engages contract labour,— (i) maintain a Muster Roll in From XVI Form D (specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017); (ii) maintain a Register of Wages and Overtime recording therein the number of hours of, and wages paid for, overtime work, if any in From XVII & XXIII Form B (specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017); (iii) maintain a Register of Deduction for Damage or Loss, Fine and Advances in Form XX, Form XXI & Form XXIIForm C, (specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017); www.shramikkalyan.indianrailways.gov.in

  17. Provisions of various Labour Laws incorporated/to be incorporated in Shramikkalyan Portal The Contract Labour (Regulation and Abolition) Central Rules • RECORDS (b) Every contractor shall, where the wage period is one week or more, issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages; (c) Every contractor shall obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of Wages or Muster Roll-cum-Wages Register, as the case may be, and the entries shall be authenticated by the initials of the contractor or his authorised representative and shall also be duly certified by the authorised representative of the principal employer in the manner provided in rule 73. www.shramikkalyan.indianrailways.gov.in

  18. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Payment of Wages Act, 1936 • Objectives: The Payment of Wages Act, 1936 was enacted with the object of (i) regulating payment of wages, imposition of fines and deductions from wages, and (ii) eliminating all malpractices by laying down wage periods and time and mode of payment of wages. The Act, therefore, ensures payment of wages in a particular form at regular intervals without unauthorised deductions. www.shramikkalyan.indianrailways.gov.in

  19. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Payment of Wages Act, 1936 • Section 1(4) application – It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration and to persons employed in an industrial or other establishment specified in section 2. • Section 2 (v) “railway administration” has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989 (24 of 1989); • This Act applies to an employed person whose wages for that wage period do not exceed 24[twenty four] thousand rupees per month. www.shramikkalyan.indianrailways.gov.in

  20. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Payment of Wages Act • Section 2(vi) “wages” means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes — (a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, www.shramikkalyan.indianrailways.gov.in

  21. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Payment of Wages Act • Section 3 Responsibility for payment of wages.— (1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,— (a) in factories, if a person has been named as the manager of the factory; (b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control; (c) upon railways, if the employer is the railway administration and the railway administration has nominated a person in this behalf; (d) in the case of contractor, a person designated by such contractor who is directly under his charge; and (e) in any other case, a person designated by the employer as a person responsible for complying with the provisions of the Act; the person so named, the person responsible to the employer, the person so nominated or the person so designated. (2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to, make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment. www.shramikkalyan.indianrailways.gov.in

  22. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Payment of Wages Act • Section 4 Fixation of wage-periods.— (1) Every person responsible for the payment of wages under section 3 shall fix periods (wage-period) (2) No wage-period shall exceed one month. • Section 5 Time of payment of wages.— (1) The wages of every person employed upon or in— (a) any railway, factory or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, (b) any other railway, factory or industrial or other establishment, shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable: (2) Where the employment of any person is terminated by or on behalf of the employer, the wages, earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: [where the employment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which employment is terminated.] www.shramikkalyan.indianrailways.gov.in

  23. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act, 1948 • Objectives: The Minimum Wages Act, 1948 envisages to provide minimum statutory wages for scheduled employments with a view to obviate the chances of exploitation of labour through payment of very low and sweating wages. The Act also provides for the maximum daily working hours, weekly rest day and overtime. Rates fixed under Minimum Wages Act prevail over the rates fixed under award/agreement. www.shramikkalyan.indianrailways.gov.in

  24. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act, 1918 • Section 2 (d) "cost of living index number", means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment; • Section 2 (e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment, and includes, (i) in a factory, any person named under, as manager of the factory; (ii) the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) any person responsible to the owner for the supervision and control of the employees or for the payment of wages; www.shramikkalyan.indianrailways.gov.in

  25. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act • Section 2(i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical; and includes an out-worker (to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises); but does not include any member of the Armed Forces • Section 2 (h) "wages" means all remuneration, capable of being expressed in terms of money,, [and includes house rent allowance], but does not include- (i) the value of-- (a) any house-accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government; (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance; (iii) any travelling allowance or the value of any travelling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge; www.shramikkalyan.indianrailways.gov.in

  26. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act • Section 3 Fixing of minimum rates of wages.- (1) The appropriate Government shall,- (a) fix the minimum rates of wages payable to employees (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed (2) The appropriate Government may fix,-- (a) a minimum rate of wages for time work ("a time rate"); (b) a minimum rate of wages for piece work ("a piece rate"); (c) a minimum rate of remuneration for piece work for securing a minimum rate of wages on a time work basis ("a guaranteed time rate"); (d) a minimum rate to apply in substitution for the minimum rate, in respect of overtime work done by employees ("overtime rate"). (3) Different minimum rates of wages may be fixed for-- (i) different scheduled employments; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; (iv) different localities; (b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely:-- (i) by the hour, (ii) by the day, (iii) by the month, or (iv) by other larger wage-period www.shramikkalyan.indianrailways.gov.in

  27. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act • Section 5 Minimum rate of wages means a basic rate of wages and a special allowance, to accord as nearly as practicable with the variation in the cost of living index number applicable to such; or a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates; or an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. • Section 13 Fixing hours for a normal working day, etc.- the appropriate Government may – provide for a day of rest in every period of seven days which shall be allowed to all employees and for the payment of remuneration in respect of such days of rest; provide for payment for work on a day of rest at a rate not less than the overtime rate. • Section 14 Overtime.- (1) Where an employee, (whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period), works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher. www.shramikkalyan.indianrailways.gov.in

  28. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act • Section 15 Wages of worker who works for less than normal working day- If an employee (whose minimum rate of wages has been fixed by the day) works on any day on which he was employed for a period less than the requisite number of hours, he shall be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day: Provided, however,— in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work. • Section 16 Wages for two or more classes of work.-Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class. www.shramikkalyan.indianrailways.gov.in

  29. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Act • Section 18 Maintenance of registers and records.- (1) Every employer shall maintain registers and records i.e. particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. (3) The issue of wage books or wage slips to employees employed prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent. www.shramikkalyan.indianrailways.gov.in

  30. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Rules, 1950 • Rule 21 Time and conditions of payment of wages and the deductions permissible from wages (1) (i) The wages of a worker in any scheduled employment shall be paid on a working day,- (a) in the case of establishments in which less than one thousand persons are employed, before the expiry of the seventh day, and (b) in the case of other establishments, before the expiry of the tenth day after the last day of the wage period in respect of which the wages are payable. • (ii) The wages of an employed person shall be paid to him without deduction of any kind except those authorized by or under these rules. Deductions from the wages of a person shall be of one or more of the following kinds, namely, (i) fines in respect of such acts and omissions on the part of employed persons as may be specified by the Central Government; (ii) absence from duty; (iii) damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default; (iv) house accommodation supplied by the employer; (v) amenities and services supplied by the employer; www.shramikkalyan.indianrailways.gov.in

  31. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Rules, 1950 • Rule21 Time and conditions of payment of wages and the deductions permissible from wages Contd.. (vi) recovery of advances or for adjustment of over payment of wages: PROVIDED that such advances do not exceed an amount equal to wages for two calendar months of the employed person and, in no case, shall the monthly installment of deduction exceed one-fourth of the wages earned in that month; (vii) income-tax payable by the employed person; (viii) required to be made by order of a court or other competent authority; (ix) for subscriptions to and for repayment of advances from any provident fund to; (x) for payment to co-operative society, for payment of any premium on his life insurance policy, (xi) for recovery of adjustment of amounts, other than wages, paid to the employed person in error or in excess of what is due to him; (xii) made with the written authorization of the employed person, for the purchase of securities of the Government of India etc… (2A) Notwithstanding anything contained in these rules, the total amount of deductions which may be made under sub-rule (2) in any wage period, shall not exceed – (i) 75 per cent of wages in cases where such deductions are wholly or partly made for payments to consumer co-operative stores run by any co-operative society under clause (x) of sub-rule (2); and (ii) 50 per cent of such wages in any other case: www.shramikkalyan.indianrailways.gov.in

  32. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Rules, 1950 • Rule 23 Weekly day of rest (1) an employee shall be allowed a day of rest every week ( “the rest day”) which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day: PROVIDED that the employee has worked under the same employer for a continuous period of not less than six days: PROVIDED FURTHER that the employee shall be informed of the day fixed as the rest day (2) Any such employee shall not be required or allowed to work on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day: PROVIDED that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day. (4) An employee shall be granted for rest day wages calculated at the normal rate, and in case he works on the rest day, he shall be paid wages at the overtime rate : PROVIDED that where the minimum daily rate of wages of the employee as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twentysix, no wages for the rest day shall be payable, www.shramikkalyan.indianrailways.gov.in

  33. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Rules, 1950 • Rule 24 Number of hours of work which shall constitute a normal working day (1) The number of hours which shall constitute a normal working day, shall be - (a) in the case of an adult – 9 hours; (b) in the case of a child – 4 &1/2 hours (2) The working day of an adult worker shall be so arranged that inclusive of the intervals of rest, if any, shall not spread over more than twelve hours on any day. (4A) No child shall be employed or permitted to work for more than 4 ½ hours on any day. • Rule 25 Extra wages for overtime (1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall in respect of overtime work, be entitled to wages - (a) in the case of employment in agriculture, at one and a half times the ordinary rate of wages; (b) in the case of any other scheduled employment, at double the ordinary rate of wages; The expression ‘ordinary rate of wages’ means the basic wages plus such allowances as the person employed is for the time being entitled to, but does not include a bonus. (2) A register of overtime shall be maintained by every employer “in Form B specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017” www.shramikkalyan.indianrailways.gov.in

  34. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Rules, 1950 • Rule 26 Form of registers and records. (1) A register of wages “in Form B specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017”. (2) A wage slip shall be issued at least a day prior to the disbursement of wages in Form XI. (3) Every employer shall get the signature or thumb-impression of every person employed on the {register of wages} and wage slip duly authenticated by the employer or any person authorized by him. (5)A muster roll shall be maintained in Form V “in Form D specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017 and the attendance of each person employed in the establishment shall be recorded daily in that form” and the attendance shall be recorded daily in that form within 3 hours of the commencement of the work shift. www.shramikkalyan.indianrailways.gov.in

  35. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Minimum Wages (Central) Rules, 1950 Rule 26A. Preservation of registers -A register required to be maintained under various rules shall be preserved for a period of three years after the date of last entry made therein. Rule 26 B. Production of registers and other records (1) All registers and records required shall be produced on demand before the Inspector during the course of inspection of the establishment; (2) Any infringement of the provisions of the Act or these rules noticed by the Inspector and communicated to the employer shall be rectified by the employer and compliance report in respect thereof shall be submitted to the Inspector, on or before the date specified by him www.shramikkalyan.indianrailways.gov.in

  36. Government has passed a bill named THE CODE ON WAGES, 2019 and likely to be issued very soon It has changed applicability and other provisions to cover more contract workers, the salient provisions as- www.shramikkalyan.indianrailways.gov.in

  37. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 Objectives: The Employess’ Provident Funds and Miscellaneous Provisions Act instituted a compulsory contributory fund for the future of the employee after his retirement or for his dependents in case of his early death. www.shramikkalyan.indianrailways.gov.in

  38. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 Applicability : Section 1 (3) The Act extends to the whole of India except the State of J & K It is applicable to (b) every other establishment employing 20 or more persons or class of such establishments which the Central Govt. may notify. Entitlement of Employees : Every employee, including the one employed through a contractor (but excluding an apprentice engaged under the Apprentices Act or under the standing orders of the establishment and casual labourers), who is in receipt of wages upto Rs. 15000/- per month, shall be eligible for becoming a member of the funds. www.shramikkalyan.indianrailways.gov.in

  39. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 Responsibility of Principal Employer : It shall be the responsibility of the principal employer to pay the contributions payable to the EPF, DLI and Employees’ Pension Fund by himself in respect of the employees directly employed by him and also in respect of the employees directly employed by him and also in respect of the employees employed by or thorough a contractor. Rates of Contribution: www.shramikkalyan.indianrailways.gov.in

  40. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Employees’ State Insurance Act, 1948 Objectives : The main objective of the Employees’ State Insurance Act, 1948 is to provide to the workers medical relief, sickness cash benefits, maternity benefits to women workers, pension to the dependents of deceased workers and compensation for fatal and other employment injuries including occupational diseases, in a integrated form through a contributory fund. Where a workman is covered under ESI Scheme, no compensation could be claimed from his employer under the Employees’ Compensation Act in respect of employment injury sustained by him. www.shramikkalyan.indianrailways.gov.in

  41. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Employees’ State Insurance Act, 1948 Applicability: This Scheme is extended in area wise to factories using power and employing 10 or more persons and to non-power using manufacturing units and establishments employing 20 or more persons. It has also been extended upon shops, hotels, restaurants, roads motor transport undertakings, equipment maintenance staff in the hospitals but excludes Railway running sheds. Coverage: Employees drawing wages upto Rs. 21,000/- per month engaged either directly or through contractor. www.shramikkalyan.indianrailways.gov.in

  42. Provisions of various Labour Laws incorporated/to be corporate in Shramikkalyan Portal The Employees’ State Insurance Act, 1948 Responsibility of recovery: Section 40(2) The employer may deduct the employee’s contribution from his wages in respect of the period for which the contribution is payable. Responsibility of recovery in respect of Contract Labour : Section 41(1) The principal employer may deduct the amount of contributions, both employer’s and employee’s, payable in respect of employees engaged through a contractor, from the bills of the contractor. Section 41(2) The contractor is entitled to deduct the employee’s contribution from the wages payable to such contract employees in respect of the period for which the contribution is payable. www.shramikkalyan.indianrailways.gov.in

  43. Liable Penalties due to Offences under The Minimum Wages Act www.shramikkalyan.indianrailways.gov.in

  44. Liable Penalties due to Offences under The Payment of Wages Act www.shramikkalyan.indianrailways.gov.in

  45. Liable Penalties due to Offences under The Employees’ Provident Funds and Miscellaneous Provisions Act www.shramikkalyan.indianrailways.gov.in

  46. Liable Penalties due to Offences under Various The Contract Labour (Regulation and Abolition) Act www.shramikkalyan.indianrailways.gov.in

  47. Liable Penalties due to Offences under The Employees’ State Insurance Act www.shramikkalyan.indianrailways.gov.in

  48. THE CODE ON WAGES, 2019 likely to be issued very soon and has changed penal provisions significantly, the salient changes are www.shramikkalyan.indianrailways.gov.in

  49. Prosecution process www.shramikkalyan.indianrailways.gov.in

  50. Prosecution process www.shramikkalyan.indianrailways.gov.in

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