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5

Issue 30

·

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.