Saturday 25 April 2015

SEEPZ – SEZ Notification about implementation of Labour Laws in respect of contract labour engaged in SEEPZ – SEZ Units

Dear All,

Attached notification is from the Office of the Development Commissioner, SEEPZ Special Economic Zone, Ministry of Commerce and Industry, Mumbai dated 10th December 2014.

Said notification is related to implementation of Labour Laws in respect of contract labour engaged in SEEPZ – SEZ Units.

The  attached is one of page of said circular, for full circular please write us on girishvivalkar979@gmail.com or juristicsolution@gmail.com




IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.


We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

MINIMUM WAGES ACT, 1948

The motive for enactment of Minimum Wages Act, 1948 was poor bargaining power of workers’ organisation in the country. The need for having minimum wage fixing machinery was stressed by the International Labour Organisation (ILO) long back in 1928. Alike the Payment of Wages Act, 1936, this Act also is exhaustively amended by many states to widen its application and its scope.


APPLICABILITY

Any person who directly or through Contractor/Agency or other person whether for himself or for any other persons employees one or more employees in any schedule employment in respect of which minimum rates of wages have been fixed under this Act.


ELIGIBILITY OF EMPLOYEES

Any person who is employed for hire or reward to do any work in a schedule employment and include an outdoor worker to whom any articles or materials are given for doing some work either at home or any other premises.


BENEFITS UNDER THE ACT

The Act prescribes the minimum rates of wages payable to employees for different scheduled employments for different classes of work and for adults, adolescents, and apprentices depending upon different localities, for one or more wage periods, viz. by hours, by the day, month or other large period. The Act has been extended to cover employees in the unorganized sector.


OTHER IMPORTANT ISSUES
a.    The Act is a beneficial legislation and should be given widest meaning so long as the language is capable of bearing such a construction.
b.    Register of wages is required to be maintained at the place of work in prescribed forms by every employer. Such records are to be preserved for 3 years from the time of last entry made therein.
c.    An employee is prohibited from giving up any of his right or relinquishing or reducing his right to minimum wages under the Act.
d.    The normal working day for an adult constitutes of 9 hours including the intervals of rest with maximum of 48 hours of working in a week.

PENALTIES FOR NON-COMPLIANCE


Imprisonment up to 6 months and/or fine up to Rs. 500 is imposable for contravention.


Hope this small write up will give insight about pertained subject.


IMPORTANT: 

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

PAYMENT OF WAGES ACT, 1936

The Payment of Wages Act, 1936 is one of the old enactments dealing with employer-employee relationship. The limited purpose of the Act is to ensure prompt and full payment of wages to persons employed in industry. 


APPLICABILITY
(a) Every person employed in any factory, upon a railway or through sub-contractor in a railway and any person employed in an industrial or other establishment.
(b) The Appropriate Government may by notification extend the provision to any class of person employed in any establishment or class of establishments.

ELIGIBILITY OF EMPLOYEES
Every person who is employed in any of the above mentioned establishments and who is drawing less than Rs. 10,000/- per month is eligible under the benefits of Payment of Wages Act, 1936.

BENEFITS UNDER THE ACT
The Act provides for regular and timely payment of wages on or before the expiry of 7th day of every month in cases of establishments employing less than 1,000 employees and on or before the expiry of 10th day of every month in cases of establishments with greater than 1000 employees. It also provides for prevention of unauthorised deductions being made from wages and charges of arbitrary fines.

OTHER IMPORTANT ISSUES
a.    Wages are required to be paid in current coin or currency notes or in both but not in kind. The written authorisation of an employee is necessary for payment by Cheque/credit to Bank A/c.
b.    The total deductions cannot exceed 75% of wages for payment to Co-op. societies and 50% in other cases.
c.    Every employer is required to maintain registers/records in Form No. I, II, III, IV to be kept for 3 years from last entry.
d.    Every employer is required to file Annual Return in Form V (In Maharashtra) regarding persons drawing gross wages below Rs. 1,000/- p.m.
e.    The nomination facility has been extended to all the eligible employees by filing a declaration in Form-I to receive the wages standing to his credit at the time of his death.
PENALTIES FOR NON-COMPLIANCE

Penalties prescribed are from Rs. 1,500-7,500. Repeat offences attract 1 to 6 months imprisonment and fine from Rs. 3,750-22,500. Delayed wage payments attract penalty of Rs. 750 per day of delay.


Hope this small write up will give insight about pertained subject.


IMPORTANT: 

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Meaning of common LATIN terms used in LAW

Meaning of common LATIN terms used in LAW:


Ab Initio                                               : From the beginning
Ad hoc                                                  : For a particular purpose
Ad interim                                            : Temporary
Ad valorem                                           : In proportion to the value
Amicus Curiae                                      : Friend of the Court
Apropos                                                : To the purpose
De Jure                                                  : By right
De Novo                                                : Anew, once more
Ejusdem generis                                    : Of the same kind
Ex post facto                                          : Having retroactive effect
Fait accompli                                         : A thing already done ergo not worth arguing
Inter alia                                                 : Among other things
Ipso Facto                                              : By the fact itself
Mesne profits                                         : Profits derived by person in wrongful possession of property
Mutatis Mutandis                                   : With necessary changes in point of detail
Pari Passu                                               : In equal proportion
Per se                                                      : By itself
Pro rata                                                   : Proportionate
Res Judicata                                            : A matter already decided by judicial authority
Sine Qua non                                          : Essential pre requisite
Sub judice                                               : Before the court. Under judicial consideration
Sui Generis                                              : Unique
Suo Moto                                                : Of one’s own accord

Viva  Voce                                              : Oral examination


Hope this small write up will give insight about pertained subject.


IMPORTANT: 

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.




Zones in Maharashtra under The Minimum Wages Act, 1948

There are several times question arise relating to what meant by Zones in Maharashtra under The Minimum Wages Act, 1948 for deciding wages for different categories of workers.

Therefore, as per The Maharashtra Minimum Wages Act, 1948, Zones in Maharashtra are as follows:

ZONE I: shall comprise of the areas falling within the limits of Municipal Corporation.

ZONE II: shall comprise of the areas falling within the limits of 'A' & 'B' grade Municipal Councils.

ZONE III: Shall comprise of all other areas in the state, not included in Zone I and Zone II.



Hope this small write up will give insight about pertained subject.


IMPORTANT: 

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

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