L2 12-15 unit Flashcards
(27 cards)
maternity benefit AND vacation?
🤰 Section 59 – Prohibition of Employment During Certain Periods
- No woman can work, and no employer shall employ a woman, during 6 weeks post-delivery, miscarriage, or medical termination of pregnancy.
- Pregnant women can request exemption from arduous or hazardous work during:
- 1 month before the 6-week post-delivery period.
- Any part of the 6-week period if she hasn’t taken leave under Section 62.
💵 Section 60 – Right to Maternity Benefit
- Women are entitled to maternity benefit at average daily wages during actual absence due to pregnancy and childbirth.
- Must have worked at least 80 days in the 12 months before expected delivery.
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Maximum entitlement:
- 26 weeks (8 weeks before delivery);
- If 2+ surviving children, only 12 weeks (6 weeks before delivery).
- In case of death of mother or child, benefit payable only up to date of death.
- Adoptive and commissioning mothers (child under 3 months) get 12 weeks from handover date.
- Work-from-home may be allowed after maternity benefit period, by mutual agreement.
🔁 Section 61 – Continuation of Entitlement
- Women continue to receive maternity benefits under this Chapter, regardless of whether Chapter IV (on benefits) also applies to the establishment, until eligible under Section 32.
📝 Section 62 – Procedure for Claiming Maternity Benefit
- Woman must give written notice for receiving maternity benefits and agree not to work during the benefit period.
- Notice should state absence start date (not earlier than 8 weeks before expected delivery).
- If not given earlier, notice can be submitted post-delivery.
- Employer must:
- Permit leave during benefit period.
- Pay amount due before delivery in advance and post-delivery within 48 hours of proof.
- Failure to give notice does not disqualify a woman from receiving maternity benefits if otherwise eligible.
Death of Woman Before Receiving Benefit,
Medical Bonus,
Leave for Miscarriage, Tubectomy, or Illness,
Nursing Breaks
⚰️ Section 63 – Death of Woman Before Receiving Benefit
- If a woman dies before receiving maternity benefit, the amount must be paid to:
- Her nominee (if nominated under Section 62), or
- Her legal representative, if no nominee exists.
💊 Section 64 – Medical Bonus
- A woman is entitled to a medical bonus of ₹3,500 (or as notified), if pre-natal and post-natal care is not provided free of charge by the employer.
⚕️ Section 65 – Leave for Miscarriage, Tubectomy, or Illness
- 6 weeks leave with wages after miscarriage or medical termination of pregnancy.
- 2 weeks leave with wages after tubectomy operation.
- Up to 1 month additional paid leave for illness arising out of pregnancy, childbirth, premature birth, miscarriage, or medical termination.
🍼 Section 66 – Nursing Breaks
- After resuming work post-delivery, a woman is entitled to two nursing breaks daily (in addition to regular rest breaks) until the child turns 15 months old.
Notice of Maternity Benefit Claim, Protection from Dismissal, no wage deduction,
📝 Section 62 – Notice of Maternity Benefit Claim
- A woman must give written notice to her employer to claim maternity benefits and declare she will not work during that period.
- Notice can be given before delivery (not earlier than 8 weeks before due date) or after delivery.
- Employer must allow her leave and pay:
- Advance payment on proof of pregnancy.
- Balance within 48 hours of proof of delivery.
- Failure to give notice doesn’t disqualify her if otherwise entitled; payment may be ordered by an Inspector-cum-Facilitator.
🚫 Section 68 – Protection from Dismissal
- Unlawful to dismiss/discharge a woman during her maternity leave.
- Dismissal during pregnancy doesn’t deprive her of maternity benefit, unless for gross misconduct.
- Appeal available within 60 days if deprived of benefits or dismissed.
💸 Section 69 – No Wage Deduction
- No deduction in wages allowed:
- Due to light duty under Section 59, or
- Due to nursing breaks under Section 66.
🚷 Section 70 – Disentitlement for Working
- A woman who works during maternity leave will not be entitled to benefits for that period.
📢 Section 71 – Display of Information
- Employers must display a summary of maternity benefit provisions and rules in a visible place in local languages in establishments where women are employed.
section 72- power of inspector cum facilitator in maternity benefit
🛡️ Section 72 – Complaints and Redressal
- A woman may complain to the Inspector-cum-Facilitator if:
- Maternity benefit or payment is wrongfully withheld, or
- She is dismissed/discharged during or due to maternity leave.
- The Inspector may:
- Order payment if due benefits are withheld.
- Issue appropriate directions if the woman was wrongfully dismissed.
- Appeal against the Inspector’s order can be made within 30 days to the prescribed authority.
- The decision of the appellate authority or the Inspector (if no appeal) is final.
Anshu Rani vs State of Uttar Pradesh
Court stating that maternity leave and benefits are the legal entitlements of women employees once they fulfill the eligibility
requirements under the Maternity Benefit Act, 1961. The Court also emphasized that the
denial of maternity benefits on the grounds of temporary or contractual employment is
unconstitutional if the employee meets the service duration requirements. The Court
observed that maternity benefits are not discretionary, but rather a statutory entitlement to
all female workers.
accidents and reporting accidents an demployers liability
⚠️ Section 73 – Reporting Accidents
- If an accident at work causes death or serious bodily injury, a report must be sent to the competent authority within 7 days.
- “Serious bodily injury” includes permanent loss of limb/sight/hearing or absence from work for over 20 days.
- State Governments may extend these rules to other premises.
- Not applicable where ESIC provisions (Chapter IV) apply.
🩺 Section 74 – Employer’s Liability for Compensation
- Employers must compensate for injury or occupational disease arising out of and during employment.
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No liability if:
- Disablement is 3 days or less,
- Injury results from:
- Influence of drugs/alcohol,
- Wilful disobedience of safety orders/rules,
- Tampering with safety devices.
- Compensation is still due even if:
- The act was unauthorized or in contravention of law, but related to employer’s work.
- Certain diseases (under Third Schedule) in specified jobs (under Second Schedule) are presumed work-related if employed for 6+ months.
- Accidents during commute are covered if there is a clear link to employment.
- No dual claims: If the employee sues in civil court or settles with the employer, no compensation under this Chapter is allowed.
Compensation in case of death of or injury in plantation.
Amount of compensation
Here’s a concise crux of Sections 75 and 76:
🏠 Section 75 – Employer’s Liability in Case of House Collapse in Plantations
- If a plantation worker or their family is injured or dies due to the collapse of employer-provided housing, the employer is liable for compensation under Section 76 and the Sixth Schedule, unless:
- The collapse was solely due to the occupant’s fault, or
- It was caused by a natural calamity.
> “Worker” excludes managerial staff, high-earning employees, temporary construction workers, and medical officers.
💵 Section 76 – Compensation for Work-Related Injury or Death
(1) Compensation Amount:
- Death: 50% of monthly wages × relevant factor OR notified amount (whichever is higher).
- Permanent total disablement: 60% of monthly wages × relevant factor OR notified amount.
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Permanent partial disablement:
- If listed in Fourth Schedule: proportional compensation as per specified %.
- If not listed: proportional to loss of earning capacity (certified by a doctor).
- Temporary disablement: Half-monthly payment = 25% of monthly wages.
(2) Accidents Abroad:
- Compensation will be adjusted against what the employee received under foreign laws.
(3) Government may notify standard monthly wages for compensation calculations.
(4) Half-monthly payments:
- Begin:
- From date of disablement (if ≥28 days), or
- After 3-day wait (if <28 days).
- Continue for the disablement period or 5 years, whichever is shorter.
> Deductions allowed for prior compensation, but not for medical expenses.
(5) Medical expenses must be fully reimbursed by employer.
(6) If disablement ends mid-cycle, payment will be proportional for that half-month.
(7) On employee’s death, employer must also deposit a minimum funeral expense (₹15,000 or more as notified) with the competent authority.
Would you like this format for the remaining sections as well?
Compensation to be paid when due and damages for default.
Method of calculating monthly wages for purposes of compensation
🕒 Section 77 – Timely Payment and Penalties for Delay
- Due Date: Compensation under Section 76 must be paid as soon as it becomes due.
- Provisional Payment: If employer disputes full liability, they must still pay the admitted amount promptly to the employee or deposit it with the competent authority. This does not affect the employee’s right to claim the balance.
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Default Consequences (if not paid within 1 month of due date):
- (a) Interest: Employer must pay interest (rate notified by Central Government) on the overdue amount.
- (b) Damages: If no valid reason for delay, employer may be ordered to pay up to 50% of arrears as penalty.
- Right to be heard: Employer must be given an opportunity to explain the delay before damages are imposed.
- Who Gets Interest/Damages: These amounts are payable directly to the employee or dependant.
💰 Section 78 – Meaning and Calculation of “Monthly Wages”
- “Monthly wages” = wages assumed to be payable for one month, regardless of actual wage period (monthly, weekly, or piece-rate).
Calculation:
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(a) If employed ≥12 continuous months before accident:
- Monthly wages = 1/12 of total wages earned in last 12 months.
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(b) If employed for <1 month:
- Monthly wages = average monthly wages of another worker doing same work in same company or locality.
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(c) In all other cases:
- Monthly wages = (Total wages in last continuous service period × 30) ÷ Number of days in that period.
> Explanation: A “continuous period” = uninterrupted service, except for gaps ≤14 days.
Commutation of Half-Monthly Payments*
Procedure for Deposit and Distribution of Compensation
💵 Section 80 – Commutation of Half-Monthly Payments
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Lump Sum Option: Ongoing half-monthly compensation payments (under Section 76) can be converted to a lump sum:
- By mutual agreement, or
- If no agreement, and payments have continued for 6 months or more, then either party can apply to the competent authority to determine a fair lump sum amount.
⚖️ Section 81 – Procedure for Deposit and Distribution of Compensation
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Deposit Mandatory:
- If injury results in death, or if compensation is payable as lump sum to a woman or a legally disabled person, the amount must be deposited with the competent authority.
- Direct payment to such individuals is not valid compensation.
- Exception: In death cases, employer may advance up to 3 months’ wages to dependants. This is adjustable against final compensation.
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Optional Deposit:
- Other compensation amounts (≥ ₹5,000) may also be deposited with the competent authority.
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Official Receipt:
- The competent authority’s receipt = valid proof of payment.
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Distribution of Compensation (in death cases):
- Authority may notify and call dependants for a hearing.
- If no dependants, balance is returned to the employer.
- Employer can request a detailed statement of disbursements.
- Authority will apportion compensation among dependants as deemed fit, after hearing them and recording reasons.
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Payments to Others:
- If recipient is not a woman or legally disabled, amount may be paid directly.
- If recipient is a woman or legally disabled, amount may be invested or used for their benefit as per the authority’s direction.
- Half-monthly payments may be redirected to a suitable guardian if the employee is legally disabled.
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Modification of Orders:
- Authority can vary its earlier orders (e.g., due to neglect, change in circumstances, or welfare concerns), after giving affected persons a chance to be heard.
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Fraudulent Claims:
- If compensation was obtained by fraud or impersonation, the amount can be recovered.
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Recovery Mode:
- Such amounts are recoverable as arrears of land revenue, and the competent authority is treated as a public officer under the Revenue Recovery Act, 1890.
notice and time limits as well as claims from outside india
⏳ Section 82 – Notice and Time Limits for Compensation Claims
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Time Limit to Claim:
- Claim must be made within 2 years of:
- The accident, or
- In case of death, within 2 years from the date of death.
- Claim must be made within 2 years of:
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Special Rules for Occupational Diseases:
- If disease causes continuous absence, the date of accident = first day of absence.
- If no absence but partial disablement, 2-year period starts from notice given to employer.
- If employee leaves employment and symptoms appear within 2 years, the symptom date = accident date.
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Exceptions to Notice Requirement:
- Claim still allowed if:
- Accident happened at workplace, and the employee died there or nearby.
- Employer or supervisor knew of the accident.
- Delay in notice or claim can be excused by the authority for sufficient cause.
- Claim still allowed if:
-
Contents & Service of Notice:
- Must include: Name, address, cause, and date of injury.
- Served to employer, their agent, or any branch manager.
- May be delivered:
- Physically, by registered post, electronically, or via notice-book (if maintained).
-
Notice-Book Maintenance:
- Government may mandate certain employers to maintain a notice-book accessible to injured employees and their representatives.
🌍 Section 83 – Claims by Employees Working outside india
Applies to:
- (a) Ship masters and seamen,
- (b) Aircraft crew,
- (c) Indians employed abroad by Indian companies,
- (d) Vehicle workers sent abroad.
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Who to Serve Notice To:
- Seamen → Serve notice to ship master.
- Aircraft crew → Serve notice to captain.
- Indians abroad → Serve to local agent of employer.
- Vehicle workers abroad → Serve to local agent of vehicle owner.
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Claim Timeline:
- Death: Claim within 1 year of receiving news.
- Ship/Aircraft lost: Claim within 18 months of loss.
- Delay allowed if due to sufficient cause.
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Deposition as Evidence:
- If employee is discharged abroad, deposition by Judge/Magistrate/Consular Officer is admissible in India, if:
- It’s signed,
- Accused had opportunity to cross-examine,
- Made in accused’s presence in criminal proceedings.
- If employee is discharged abroad, deposition by Judge/Magistrate/Consular Officer is admissible in India, if:
-
No Double Payment:
- No half-monthly compensation is due during period when maintenance costs are legally borne by ship owner.
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Further Exception:
- Even if notice or claim is late, proceedings can continue if filed within 1 month from the date of receiving a State Government certificate confirming injury.
M. N. Gupta v. D.R.C. Ltd.
when the injury was not caused directly by a
work-related accident but was due to the worker’s failure to follow safety protocols.
The Supreme Court held that even in cases where the employee’s negligence
contributed to the injury, the employer is still liable for compensation if the injury arose out of the course of employment. The Court emphasized that the worker’s negligence does not absolve the employer from paying compensation as long as the accident is
work-related.
National Insurance Co. Ltd. v. M/S. Prabhat Synthetics
The case involved the issue of whether insurance companies are liable to compensate
employees for injuries sustained while working, especially where third-party contractors are involved in the operations.
The Supreme Court held that the employer’s liability to compensate employees for
injuries caused during the course of employment cannot be avoided by outsourcing or
hiring third-party contractors.
The Court emphasized that an employer cannot escape
liability under the Employees’ Compensation Act by claiming that the worker was
employed by a contractor. The employer remains responsible for compensating
workers who are injured in the course of employment.
Medical examination.
Remedies of employer against stranger.
🩺 Section 84 – Medical Examination
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Post-Accident Exam:
- After giving notice of accident, employee must undergo a free medical exam offered by the employer within 3 days.
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Recurring Exams for Half-Monthly Payments:
- Employee must submit to periodic exams if receiving ongoing compensation.
- Refusal or obstruction = suspension of right to compensation (unless justified by sufficient cause).
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Leaving Without Exam:
- If employee leaves voluntarily without being examined, compensation is suspended until return and examination.
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Delayed Exam Due to Uncontrollable Circumstances:
- Delay may be condoned and rights revived if the employee proves they were unable to appear or inform due to valid reasons.
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Death Without Exam:
- If employee dies before examination, the competent authority may direct compensation to dependents.
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During Suspension:
- No compensation is paid for the period of suspension.
- If injured employee refuses treatment or ignores medical advice, injury will be deemed as if treated, and reduced compensation will apply.
⚖️ Section 86 – Remedies of Employer Against Stranger
- If compensation is paid for an injury caused by a third party, the employer or indemnifying party under Section 85 can recover that amount from the third party liable for damages.
Insolvency of employer.
Power to require from employer’s statements regarding fatal accidents
💸 Section 87 – Insolvency of Employer
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Employee’s Rights:
- Upon employer’s insolvency/liquidation, their rights against insurers transfer to the employee.
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Insurer’s Position:
- Insurers have same rights as employer, and are not liable beyond the employer’s liability.
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Insurer Pays Less:
- If insurer pays less than the employer’s liability, employee must prove the balance in the insolvency/liquidation process.
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Void Insurance Contract:
- If employer’s insurance is void or voidable due to non-compliance, insurer may recover compensation paid to the employee.
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Not Applicable:
- Section does not apply to voluntary winding up only for reconstruction or amalgamation.
📝 Section 88 – Statements Regarding Fatal Accidents
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On Receiving Death Info:
-
Competent authority may send notice to employer (by post or electronically) seeking a detailed statement within 30 days about:
- Circumstances of death
- Whether the employer admits compensation liability
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Competent authority may send notice to employer (by post or electronically) seeking a detailed statement within 30 days about:
-
Copy to Dependents:
- Dependents of deceased are sent a copy of the notice.
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Employer Must Respond:
- If employer admits liability → deposit compensation within 30 days.
- If not → provide reasons for denial in writing.
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Authority’s Follow-Up:
- If liability is denied, authority may:
- Inquire into the case
- Inform dependents they may file a claim
- Assist dependents with information
- If liability is denied, authority may:
-
Legal Aid for Dependents:
- If a dependent can’t afford an advocate, authority may assign one from a government panel.
Registration of agreements,
Venue of proceedings and transfer.
Power of competent authority to require further deposit in Cases: of fatal accident…
Appeal against order of competent authority
Here’s a shortened summary of Sections 89, 92, 94, and 99:
Section 89 – Registration of Agreements
- Employers must send a memorandum of lump sum agreements (esp. for women or legally disabled) to the authority within 7 days.
- The authority can reject it for fraud, inadequacy, etc.
- Registered agreements are legally enforceable.
- If not registered, the employer pays full compensation but can deduct only up to half of what’s already paid.
Section 92 – Venue and Transfer of Proceedings
- Cases can be heard where the accident occurred, employee resides, or employer’s office is located.
- For accidents abroad, it’s where the owner/agent operates.
- Matters can be transferred, but parties must be heard before transfer.
Section 94 – Further Deposit in Fatal Accidents
- If compensation deposited is too low, the authority can ask for justification.
- If unjustified, an award can be issued requiring the employer to deposit the shortfall.
Section 99 – Appeal to High Court
- Appeals allowed on key orders (e.g., compensation, interest, indemnity).
- Only if a legal question is involved and amount is ₹10,000+.
- No appeal if parties agreed or it enforces a settlement.
- Employers must deposit due amount before appeal.
- Time limit: 60 days (extension allowed under Limitation Act).
CESS
Sections 100–108 (Cess and Welfare of Building Workers):
-
Cess Collection (Sec 100):
Employers must pay 1–2% of construction cost (excluding land and wages) as cess for worker welfare. -
Late Payment (Sec 101):
Interest is charged for late payment of cess. -
Exemption (Sec 102):
Govt can exempt employers if cess is already being paid under another law. -
Self-Assessment (Sec 103):
Cess must be self-paid within 60 days of completing work; returns must be filed. -
Penalty (Sec 104):
Failure to pay cess on time may attract penalty up to the unpaid amount, after hearing. -
Appeals (Sec 105):
Appeals against cess or penalty must be filed within the time limit with fees; final and binding. -
Worker Registration (Sec 106):
Construction workers aged 18–60, with 90+ days of work in past year, must be registered as beneficiaries. -
Cessation (Sec 107):
Beneficiary status ends at 60 or if worker doesn’t work 90+ days/year (excluding injury). If registered 3+ years, still get benefits. -
Welfare Fund (Sec 108):
Cess and govt grants go into a Welfare Fund, used for worker welfare.
Admin expenses capped at 5% of total annual spend.
National Campaign Committee for Central Legislation on Construction Labour v.
Union of India
The case challenged the failure of central and state governments to implement the BOCW Act and Cess Act effectively. Specifically, the non-utilization of thousands of crores collected as welfare cess meant for building and construction workers.
The Supreme Court issued strong directions to the central and state governments, noting:
* Huge accumulated welfare funds were not being used for the benefit of construction
workers.
* Many construction workers were not registered, depriving them of benefits.
* There was a lack of data, awareness, and mechanisms to ensure disbursal.
The Court demanded:
* Time-bound registration of construction workers.
* Transparent and audited use of welfare funds.
* Greater accountability of welfare boards.
Lanco Anpara Power Ltd. v. State of U.P
The Supreme Court held that construction activities carried out for setting up a power
plant fall under the definition of building and other construction work. Therefore, the company
was liable to pay cess under the BOCW Act, despite being a power-generating entity.
Significance: Even projects governed by other industrial laws (like electricity generation) must
comply with BOCW welfare provisions if construction is involved.
Larsen & Toubro Ltd. v. State of Haryana
Whether composite contracts (involving both supply and construction) are liable to pay BOCW
cess on the entire contract value.
Ratio:
The Court clarified that BOCW cess is payable only on the construction portion of the contract, not on the entire composite contract value (including supply of materials and machinery). A
fair and reasonable bifurcation must be made.
UP Power Transmission Corporation Ltd. v. CG Power and Industrial Solutions
Whether BOCW Act applies when workers are already covered under other welfare legislations
like the Factories Act.
Ratio:
The Supreme Court held that the BOCW Act will not apply once the establishment becomes
operational and is covered under the Factories Act. However, during the construction phase,
the BOCW Act does apply.
Significance: Distinguishes between construction phase (BOCW applies) and operational
phase (Factories Act applies), preventing overlapping legislation.
**Section 110 – Funding of State Govt Schemes:
Record Keeping:
Section 110 – Funding of State Govt Schemes:
- State Govt schemes for workers can be funded:
- Fully by the State,
- Partially by State + employers/beneficiaries,
- Or from other sources (like CSR funds).
- State can seek Central Govt aid; Central Govt may provide financial help as it sees fit.
Section 111 – Record Keeping:
- Govt must set up clear record-keeping systems (digital or otherwise) for any announced schemes.
- Records should be uniquely numbered to ensure smooth tracking and avoid duplication.
Let me know if you want all these crux summaries in one compiled document.
Helpline & Support for Unorganised, Gig & Platform Workers
Section 112 – Helpline & Support for Unorganised, Gig & Platform Workers:
- Government can set up toll-free helplines or facilitation centres to:
- Provide info on social security schemes.
- Help with registration and application processing.
- Support enrolment into welfare schemes.
registration of gig workers and schemes and platforms for them
Here’s a concise, technical version of Sections 113 and 114 without unnecessary wording:
Section 113 – Registration of Unorganised, Gig & Platform Workers
- Eligibility: Must be ≥16 years old (or age set by Central Govt).
-
Requirements:
- Submit self-declaration electronically/in prescribed form.
- Provide Aadhaar and other required documents.
-
System:
- Unique application number assigned to each worker.
- Self-registration enabled via an electronic system by the appropriate Government.
- Benefits: Only registered workers qualify for scheme benefits.
- Contributions: Central/State Govt will contribute as per scheme provisions.
- “Aadhaar” is defined per Section 142.
Section 114 – Schemes for Gig & Platform Workers
-
Central Govt may launch schemes for:
- Life/disability cover, accident insurance, health/maternity, old age, childcare, etc.
-
Schemes specify:
- Implementation agency, aggregator role, funding, and other required details.
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Funding:
- Central Govt may fully/partly fund based on aggregator’s annual turnover (as per 7th Schedule).
- Aggregator contribution ≤ 5% of total payments to workers.
- Start date of contribution notified by Central Govt.
-
Board:
- National Social Security Board (Section 6) acts for gig/platform workers.
- Composition: 5 aggregator reps, 5 worker reps, DG of Corporation, CPFC, experts, 5 State Govt reps, and Joint Secretary (MoLE) as Member Secretary.
audit, budget estimate, and annual report
Section 116 – Audit
- Annual audit of each Social Security Organisation’s accounts is conducted by the CAG of India.
- Audit expenses are reimbursed by the Organisation.
- CAG or authorised auditor has full audit powers: access to books, vouchers, documents, and inspection of Organisation offices.
- Audited accounts and report are submitted to the Organisation, which must comment and forward them to the concerned Government authority.
Section 117 – Budget Estimates
- Every Social Security Organisation must annually prepare a budget showing expected income and expenses for the next year.
- The budget must be submitted by a government-specified date.
- It must include adequate provisions for liabilities and working balance as per Government requirements.
Section 118 – Annual Report
- Each Organisation must submit an annual activity report and the approved budget to the relevant Government.
- The Government must lay the annual report, budget, audited accounts, and audit report before Parliament or the State Legislature, as applicable.
