5
Issue 30
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February 2016
·
I
ndia
B
riefing
Important HR Laws in India
Laws Related toWages
The Payment of Wages Act, 1936; The Payment
of Wages Rules, 1937; the Payment
of Wages (Amendment) Act, 2005.
Designed to regulate the payment of wages to employees. Stipulates the wage
periods, time and mode of payment of wages.
The MinimumWages Act, 1948; The Minimum
Wages (Central) Rules, 1950
Sets minimum wage levels that must be paid to skilled and unskilled workers.
The Payment of Bonus Act, 1965; The Payment
of Bonus Rules, 1970
Governs bonus payments. Seeks to provide employees a share in the profits of a
company. Applies to a workplace with 20 or more employees
Laws Related toWorking Hours, Conditions of Service and Employment
The Industrial Employment (Standing Orders)
Act, 1946
Provides a standard model of service conditions for employees. Applies to all
establishments where 50 or more workmen are employed.
The Factories Act, 1948
Designed to regulate working conditions in factories.
The Contract Labour (Regulations and
Abolition) Act, 1970
Designed to regulate the employment of contract laborers. Applies to
organizations with 20 or more people.
Shops and Establishment Act
Designed to regulate employee wages, hours of work, leave holidays and terms of
service. Each state has its own version of the Act.
Laws Related to Gender
The Maternity Benefits Act, 1961
Regulates employment of women before and after child birth. Applies to every
establishment that has 10 or more employees.
The Equal Remuneration Act, 1976
Provides for the payment of equal wages to men and women employees.
Sexual Harassment of Women at
Workplace (Prevention, Prohibition and
Redressal) Act, 2013
Maintains that during an inquiry following a written request, an internal committee
may recommend to transfer the aggrieved woman to any other workplace/grant
leave of up to three months.
Laws Related to Social Security
The Employees’ State Insurance Act, 1948; the
Workmen’s Compensation Act, 1923
Regulates employee compensation for injury by accident during employment.
The Employees’ Provident Fund & Miscellaneous
Provisions Act, 1952; The Employees’ Provident
Fund & Miscellaneous Provisions (Amendment)
Act, 1996
Mandate the provision of the provident fund, pension fund and deposit-linked
insurance fund. Applies to establishments with 20 or more people.
The Payment of Gratuity Act, 1972
Mandates a gratuity payment to employees in a company with ten or more people
and applies to all employees regardless of salary.