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FAQ under Trade Union Act

FAQ under Trade Union Act

 

 

How many persons are required in an industry for registration of a Trade Union

 

 

10% or 100 whichever is less engaged or employed in an establishment or industry.

 

How many persons are required for making an application for Registration of a Trade Union

 

 

Minimum Seven.

 

Procedure for Registration of a Trade Union

 

 

Application in form A
Schedule I
Schedule II
Bye - law of the union
Resolution authorising 7 members to make an application 
Chalan Receipt for 
` 500/-

 

What is the Head of Account in which fee is to be remitted

 

 

0230-102

 

Where to Submit the application.

 

 

Submit the application before the Asst. Labour Officer having jurisdiction over the area where the Head Office of the union is situated.

 

Can the employers form a Trade Union

 

 

Yes

 

A Trade Union which has an identical name with another.  Will it be registered?

 

 

Registrar of Trade Union shall not register that union until they make a change in the identical name.

 

Registrar of Trade Union withdrew a union's registration in view of non performance of certain statutory provision. Is it possible?

 

 

Registrar has the power only to cancel the registration. He cannot withdraw the order of registration issued by him.

 

What happens when membership falls down after the date of application

 

 

Application shall not become invalid.

 

Who is a protected workman.

 

 

Office bearers of a registered Trade Union are protected workmen.

 

Cancel the registration of a Trade Union when.

 

 

Trade Union Certificate obtained by fraud or mistake.
Contravened any provision of the Trade Union Act.
(With two months notice from the Registrar)

 

Registrar's decision not correct, where to appeal

 

 

Appeal to respective High Court

 

What is the minimum age to be a member of Trade Union

 

 

One who attained the age of 15 years.

 

What is the minimum age to be an office bearer

 

 

Attained the age of 18 Years.

 

Registers and records to be maintained by a Trade Union

 

 

Register of membership and subscription in Form M
Register of receipts and disbursement of general Fund
Minutes book of the meeting stock register
Subscription receipt book

 

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FAQ under Head Load Workers Act

FAQ under Head Load Workers Act

 

 

 

Whether all Head Load Workers have to be registered under Kerala Head Load Workers Act

 

 

All Head Load Workers engaged in loading or unloading works have to be registered under Kerala Head Load Workers Act. Identity Card will be issued to every headload worker so registered.

 

Procedure for registration of worker under Kerala Head Load Workers Act

 

 

(i) Application in form IX

(ii) 3 Photographs

(iii) Age proof
(ii) Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the office of the Asst. Labour Officer
(iii) Submit the form IX, 3 Photographs, Age proof and original chalan receipt at the office of the Asst. Labour Officer having jurisdiction over the area

 

Total number of hours required to be worked by an employee in an establishment.

 

 

No employee is required or allowed to work for more than 8 hours in any day and 48 hours in any week. No period of work shall exceed 3 hours at a stretch, at least half an hour rest shall be given after every 3 hours of work

 

Can an employee be employed more than the prescribed working hours, if so what extra remuneration to be paid.

 

 

The worker is entitled wages at the rate of one and a half the ordinary rate for working between 7 p. m and 7 a. m.

 

Registers to be maintained by an employer

 

 

Register of employment and wages in form V
Supply to each headload worker a wage card in Form IV on every Saturday

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center in 155300

 

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FAQ under Contract Labour(R&A) Act-1970

FAQ under Contract Labour(R&A) Act

 

 

Whether all establishments are to be registered under Contract Labour (R&A) Act

 

 

Every principal employer of an establishment who employ 20 or more contract workers have to register under this Act.

 

Whether all contractors have to obtain Contract licence under Contract Labour (R&A) Act

 

 

Every contractor of an establishment who employ 20 or more contract workers have to obtain Contract licence under this Act.

 

Procedure for registration of establishments under Contract Labour (R&A) Act

 

 

(i) Application in triplicate in form I
(ii) Original Copy of the Treasury Chalan receipt towards prescribed fee

(iii) Submit the form I in triplicate and original chalan receipt at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

Procedure to take Contract licence under Contract Labour (R&A) Act

 

 

(i) Application in triplicate in form IV

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for license at the nearest treasury of the office of the District Labour Officer

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for security deposit (at the rate of ` 20 for each workmen employed as contract labour) at the nearest treasury of the office of the District Labour Officer

(iii) Certificate by principal employer in form V
(iv) Submit the items in (i) to (iii) at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

What is the prescribed fees under the Act

 

 

 

 

No. of workers employed on any day in 12 months

Registration fee

Licence fee

20 but does not exceed 50 workers

50 but does not exceed 100 workers

100 but does not exceed 200 workers

200 but does not exceed 300 workers

300 but does not exceed 500 workers

500 and above

1000

2000

3000

4000

6000

10000

750

1500

2500

4000

6000

10000

 

What is the Head of Account in which fee is to be remitted

 

 

For Registration/Licence: 0230-00-106

For Security Deposits: 8443-00-103

 

How and when to renew the Licence Certificate

 

 

Repeat the procedure in item No. 4 and submit along with the Registration Certificate 30 days before the expiry of registration certificate.

 

Registers to be maintained

 

 

By principal employers

(i) A register of contractors in form XII.

(ii) Annual Return in form XXV(in duplicate)to the DLO be before 15th of February of the succeeding year.

 

 

By contractors

 

 

(i) A register of persons employed in form XIII.

(ii) Issue an Employment Card in form XIV to each worker within three days of employment.

(iii) Issue a service certificate on termination in form XV

(iv) Issue wage slip in form XIX to the worker at least a day prior to the disbursement of wages

(v) Display an abstract of the Act in Malayalam and in the language spoken by the majority of workers

(vi) Notice showing the rate of wages, hours of work, wage period, date of payment, name and address of the inspector etc. shall be displayed in the establishment

(vii) A half yearly return in form XXIV (in duplicate) to the licensing officer not later than 30 days from the close of half year.

(viii) Maintain registers under Minimum Wages Act & Payment of Wages Act

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 3 months or with fine which may extend to Rs. 500/- or with both for obstruction to the Inspector & Imprisonment which may extend to 3 months or with fine which may extend to Rs. 1000/- or with both for contravention of provision regarding employment of contract labour

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center: 155300

 

 

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FAQ under the Inter-State Migrant Workmen (RE & CS) Act

FAQ under the Inter-State Migrant Workmen (RE & CS) Act.

 

 

 

Whether all establishments have to registere under Inter-State Migrant Workmen (RE & CS) Act

 

 

Every principal employer of an establishment who employ 5 or more Inter-State Migrant Workmen has to register his establishment under this Act.

 

Whether all contractors have to obtain licence under Inter-State Migrant Workmen (RE & CS) Act

 

 

Every contractor of an establishment who employ 5 or more Inter-State Migrant Workmen have to take recruitment/ employment licence under this Act.

 

Procedure for registration of establishments under Inter-State Migrant Workmen (RE & CS) Act

 

 

(i) Application in triplicate in form I
(ii) Original Copy of the Chalan receipt having remitted the prescribed fee at the nearest treasury of the office of the District Labour Officer
(iii) Submit the form I in triplicate and original chalan receipt at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

Procedure to take Contract licence under Inter-State Migrant Workmen (RE & CS) Act

 

 

(i) Application in triplicate in form IV

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for license at the nearest treasury of the office of the District Labour Officer

(ii) Original Copy of the Chalan receipt having remitted the prescribed fee for security deposit (at the rate of ` 1000 for each workmen employed as contract labour) at the nearest treasury of the office of the District Labour Officer

(iii) Certificate by principal employer in form VI
(iv) Submit the items in (i) to (iii) at the office of the District Labour Officer having jurisdiction over the area. No employer shall employ contract workers unless a registration certificate is in force

 

What is the prescribed fees for registration and licence

 

 

 

 

No. of workers employed on any day in 12 months

Registration fee

Licence fee

5 but does not exceed 20 workers

20 but does not exceed 50 workers

50 but does not exceed 100 workers

100 but does not exceed 200 workers

200 but does not exceed 400 workers

400 and above

` 50

100

200

350

650

800

15

25

50

100

200

250

 

What is the Head of Account in which Chalan is to be remitted

 

 

For Registration/Licence: 0230-00-800-90

For Security Deposits: 8443-00-800-97

 

How and when to renew the Licence Certificate

 

 

Application for renewal shall be made in form IX in triplicate and submit along with the Certificate 30 days before the expiry of registration certificate.

 

Registers to be maintained

 

 

By principal employers

(i) A register of contractors in form XII.

(ii) Annual Return in form XXIV (in duplicate) to the DLO be before 15th of February of the succeeding year.

(iii) A register in form XIII

 

 

By contractors

 

 

(i) Issue a service certificate to the migrant workmen in form XIV on termination

(ii) Maintain a sheet for payment of displacement-cum-outward journey allowance in form XV

(iii) A register for return journey allowance in form XVI

(iv) Maintain registers under Minimum Wages Act, Contract Labour(R&A) Act & Payment of Wages Act

(v) Display an abstract of the Act in Malayalam and in the language spoken by the majority of workers

(vi) Notice showing the rate of wages, hours of work, wage period, date of payment, name and address of the inspector etc. shall be displayed in the establishment

(vii) A half yearly return in form XXIII (in duplicate) to the licensing officer not later than 30 days from the close of half year.

 

What is the penalty for violation of the provision of the Act & Rules

 

 

Imprisonment which may extend to 2 years or with fine which may extend to ` 2000/- or with both for obstruction to the Inspector & Imprisonment which may extend to 1 year or with fine which may extend to ` 1000/- or with both for contravention of provision regarding employment of contract labour

 

 

 

 

 

Note:- For more information please contact Citizen’s Call Center in 155300

 

 

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