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FAQ under Minimum Wages Act

FAQ under Minimum Wages Act

 

 

Minimum number of workers to be employed for coming under the preview of Minimum Wages Act.

 

 

Even if there is only one employee, where employment is notified as scheduled of employment, the employer is liable to pay Minimum Wages

 

No of hours of work for getting Minimum Wages

 

 

9 hours for adult and 4 1/2 hrs for child

 

Prescribed overtime and wages under Minimum Wages Act

 

 

50 hours in a quarter. Double the ordinary rate of wages is given as overtime wages

 

Registers and records to be maintained by an employer

 

 

Muster Roll in form VI, Register of wages in form XI, Over time register in Form V,

Register of fines in Form I, Visit book, Register of deductions, Annual Return in Form II, 
Wage Slip in Form XIII 

 

Not getting Minimum Wages, what remedy.

 

 

File a claim petition before the Deputy Labour Commissioner by the employee/any legal practitioner/official of a registered union/ Inspector/person permitted by the authority.

 

I am not getting Minimum Wages for the last one year. Can I get the arrears for the period.

 

 

Eligible to get arrears of Minimum Wages for the last six months.

 

Employer is not maintaining the prescribed registers. Where should I complain?

 

 

Assistant Labour Officer having jurisdiction over the area in notified as the Inspector under the Minimum Wages Act.

 

The employer is preparing registers and records as and when he receives the inspection notice from the inspector. Is it permitted.

 

 

No, the employer is liable to maintain registers and records up to date and to be maintained at least for 3 years after last entry made in the registers.

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FAQ under the Motor Transport Workers Act

FAQ under the Motor Transport Workers Act

 

 

Which are the vehicles /establishments to be registered under the Motor Transport Workers Act

 

 

A Motor transport undertaking carrying passengers or goods by road including private carrier

 

How to register a Motor Transport undertaking

 

 

Application in form No. 1 in duplicate chalan receipt for the prescribed fee. Submit the application with chalan receipt before the Inspector under MTW Act (Assistant Labour Officer) thirty days before the date of operation of the undertaking

 

What is the prescribed fees under the Act

 

 

Fees is As  per the minimum number of motor transport workers to be employed on any one day during the year

Up to 5 workers- 250

Above 5 and up to 10 workers-  ` 500

Above 10 and up to 20 workers- ` 1,000

Above 20 and up to 30 workers- ` 1,500

Above 30 and up to 40 workers- ` 2,000

Above 40 and up to 50 workers- 3,000

Above 50 and up to 75 workers- ` 4,000

Above 75 and up to 100 workers- ` 5,000

Above 100 and up to 200 workers- ` 7,000

Above 200 and up to 500 workers- ` 10,000

Above 500 and up to 750 workers- ` 15,000

Above 750 and up to 1000 workers- ` 20,000

Above 1000 workers- ` 25,000

 

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

 

 

0230-00-800-90

 

How and when to renew the Registration

 

 

Repeat the procedure in item No. 2 Submit along with the original RC before sixty days of the date of expiry. 25% of the fee shall be paid in the case of belated applications for renewal.

 

Is there any prescribed wages for the Motor Transport workers

 

 

Govt. have notified fair wages for the workers of Motor Transport undertakings

 

Total number of working hours of a worker.

 

 

8 hrs in a day and 48 hrs in a week. This may be extended to 10 hrs in a day and 50 hrs in a week with prior permission of the Chief Inspector

 

How many days of leave available for a Motor Transport Worker

 

 

Leave with wages one day for every 20 days to a workman who worked for a period of 250 days or more in the year immediately proceeding.

 

Welfare amenities to be provided to a workman

 

 

Canteen, rest room, first aid and uniforms.

 

What are the registers and records to be maintained by MT undertaking

 

 

Register of workers in form IX 
Muster roll of workers in form X
Overtime Muster roll in form XI
Leave book in form VIII (Provided to worker)
Register of leave with wages form VII
Individual control book form XII

 

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

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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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  • Last Modified: Thursday 11 October 2018.