Labour Law In Madhya Pradesh

In this blog, we will discuss the labour law in Madhya Pradesh and its compliances and applicability.

Index

1. Introduction
2. Labour Laws, Compliances and Applicability

Introduction

This blog provides comprehensive information on the labour laws, acts, and regulations governing the relationship between employers and employees in Madhya Pradesh. The Labour Law & Employment Department of the government oversees the legal rights of both parties and ensures equality. We will delve into various laws such as The Contract Labour (Regulation & Abolition) Act, 1970; Madhya Pradesh Payment of Wages Rules, 1937; The Factories Act, 1948; the Plantations Labour Act, 1951; The Industrial Disputes Act, 1947; The Payment of Gratuity Act, 1972; and others. Let’s explore the legal framework that governs employment in Madhya Pradesh

Labour Laws, Compliances and Applicability

Ensuring compliance with labour laws in Madhya Pradesh is essential, whether you are starting a new business or have already started. It is important to adhere to all the regulations and guidelines set forth by the law to prevent legal issues

Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961

The 1961 Act governs the employment conditions of workers and is applicable to establishments with a minimum of 50 workers. However, the Ordinance has raised the minimum threshold to 100 workers or more

Industrial Disputes Act 1947

New factories that commence production within 1,000 days will be relieved from all the provisions of the Act, except those related to lay-off and retrenchment of workers, closing down of an undertaking, and restarting of undertakings. These exemptions will apply for 1,000 days after the date of notification

Madhya Pradesh Industrial Relations Act, 1960

The Industrial Dispute Resolution and Employee-Employer Relations Act regulates the resolution of disputes in the workplace. However, it does not apply to textiles, iron and steel, sugar, and cement industries

Applicability – It will apply to all industrial establishments and matters under the State Government in Madhya Pradesh, starting on the day of publication in the Official Gazette

Compliances –

• Form I – Memorandum of settlement between an employer and workers, made during or outside conciliation, per Rule 2
• Form II – Auditor’s’ Declaration Form [Rule 8(7)]
• Form III – Notice of the Dissolution or amendment in rules of a Trade Union per Rule 9(1)
• Form IV – Application of Registration of Trade Unions
• Form V – Attached Affidavit with the application filed for registration
• Form VI – Authorization by Trade Union [Rule 10(3)]
• Form VII – Register of Trade Unions [Rule 10(5)]
• Form VIII – Certificate of Registration of Trade Union Office of the Registrar of Trade Unions [Rule 10(6)]
• Form IX – Request to Withdraw or Cancel Certificate of Registration [Rule 10(7)]
• Form X – Application of Recognition of Trade Union as a Negotiating Union or Member of Negotiating Council
• Form XI – Register of Recognition of Trade Union as a Negotiating Union or Member of Negotiating Council
• Form XII – Notice of Amalgamation of Trade Unions.
• Form XIII – Notice of Change Name
• From XIV – Annual returns
• Form XV – Application for recognition as the State Level Trade Union
• Form XVI – Notice of change of service conditions of workers proposed by an employer [Rule 29]
• Form XVII – Agreement for voluntary arbitration [Rule 30(1)]
• Form XVIII – Authorization by a worker, group of workers, employer, or group of employers to be represented in a proceeding before the authority under this Code
• Form XIX – Form of Oath of Office for Judicial Member of State Industrial Tribunal
• Form XX – Form of Oath of Office for Administrative Member of State Industrial Tribunal
• Form XXI – Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer
• Form XXII – Notice of Strike to be given by Union
• Form XXIII – Notice of Lock-out to be given by an employer of an industrial establishment
• Form XXIV – Notice of Intimation of Retrenchment to be given by an employer to the State Government [Rule 38]
• Form XXV – Notice of Intimation of Closure to be given by an employer to the State Government
• Form XXVI – Application for permission of lay-off or for the continuation of lay-off in Industrial Establishments
• Form XXVII – Application for permission of retrenchment in Industrial Establishments
• Form XXVIII – Application for permission of closure in Industrial Establishments
• Form XXIX – Notice to the Employer who committed an offence for the first time
• Form XXX – Complaint under Section 91 of the Code [Rule 51]
• Form XXXI – Manner of authorisation of worker for representation
• Form XXXII – Manner of authorisation of employer for representation

Factories Act, 1948

The Factories Act is a law designed to protect workers’ safety, health, and well-being in the workplace. As per this Act, the State of Madhya Pradesh has created its own set of rules called the Madhya Pradesh Factories Rules of 1962

Applicability – The Act applies to all factories, including State and Central Government, in the premises wherein 10 or more workers are employed with the use of power, 20 or more without the use of power and less than 10 workers if the State Government notifies activity

Compliance –

• Form 7 – Record of whitewashing painting and others
• Form 10 – Register of compensatory holidays
• Form 11 – Overtime Muster Roll for exempted workers
• Form 12 – Overtime slip
• Form 13 – Notice of periods of work for adult workers
• Form 14 – Register of adult workers
• Form 16 – Notice periods of work for child labour
• Form 17 – Register of child labour
• Form 18 – Register of leave with wages
• Form 19 – Leave card

Contract Labour Act, 1970

This law prohibits the use of contract labour in certain establishments to prevent exploitation and ensure better working conditions and social security benefits for workers

Applicability – It applies to all establishments and contractors who have employed or employed 20 or more contract workers in the last 12 months. However, establishments and contractors in West Bengal with 10 or more employees are subject to this rule

Equal Remuneration Act, 1976

The act aims to ensure that male and female employees receive equal pay for doing the same job and to prohibit discrimination based on gender in the workplace

Applicability – It extends all over India.

MP Inter-State Migrant Workers Act, 1979

This act regulates the employment of inter-state migrant workmen and provides for their service conditions and matters connected therewith

Applicability – The act applies to every establishment and contractor who employs or recruits five or more inter-state migrant workmen on any day of the preceding twelve months.

Compliances –

• Form I – An establishment with five or more migrant workers from different states must register with the registering officer
• Form IV – Recruitment license from the relevant state’s licensing officer
• Form V – An employment license from the state government’s licensing officer
• Contractors hiring migrant workers from different states must meet certain obligations under the Act, including providing information, passbooks, regular wages, proper living arrangements, medical care, and protective clothing
• Migrant workers must be paid fairly and provided with necessary allowances by contractors and principal employers

Labour Laws Exemption Act, 1988

An act provides for the exemption of employers concerning establishments employing a small number of persons from furnishing returns and maintaining registers under certain labour laws.

Applicability – This law applies to small and very small establishments with 10-19 employees or less than 9 employees, as defined by the law

Compliance –

• Submit Form A return to the Inspector within 30 days after each year ends
• Form B – Muster-roll-cum-register of wages
• Form C – Register of loan recovery.

Maternity Benefit Act, 1961

This law regulates women’s employment before and after childbirth and provides maternity benefits and other related. Click here to know more details.

Applicability – The law applies to factories, mines, plantations, government venues, and shops with at least ten employees as per state laws

Compliance –

• Form A – Maintain Muster-roll
• Form B – To get maternity benefits, a woman should inform her employer of her due date and leave period.
• Form C and D – Women must provide evidence of pregnancy, childbirth, miscarriage, illness, or death to receive benefits. This can be a certificate from a medical professional or a certified extract from a registry

Minimum Wages Act, 1948

The act provides for fixing minimum rates of wages in certain employments, which are included in the schedule.

Applicability – The act applies to all listed employments, regardless of employer

Compliance –

• Register of fines in Form I
• Register of deductions for damage or loss in Form II
• Register of overtime in Form III
• Register of wages in Form IV
• Form V – Notices with information about wages, hours, and payment dates in English, Hindi, and a language employees can understand

Motor Transport Workers Act, 1961

The law aims to protect and promote the well-being of individuals working in the motor transport industry by regulating their working conditions

Applicability – This law applies to any establishment in the motor transport industry with 5 or more motor transport workers employed at one or multiple locations or involved with one or more motor vehicles

MP Shops and Establishment Act, 1958

This act regulates the working conditions and employment in shops, commercial establishments, residential hotels, restaurants, theatres, and other public places of entertainment in Madhya Pradesh

Applicability – The act applies to all establishments within the local areas listed in Schedule I of the act. The state government may extend it to any other local area by notification

Compliance –

MP Shram Kalyan Nidhi Adhiniyam (STATE), 1982

An act provides for the constitution of a fund for financing activities to promote the welfare of labour in the state of Madhya Pradesh for conducting such activities and for matters ancillary thereto

Applicability – The act is applicable to every establishment where ten or more persons are employed or were employed on any day of the preceding 12 months and to every employee employed in such establishment

Compliances –

• Form I – Employers must register their establishments within 30 days of liability to pay contributions
• Register of employees in Form II
• Form III – Register of contributions
• Form IV – Register of welfare activities
• Form V – Annual return
• Form VI – Half-yearly return
• Form VII – Statement of change in particulars

Payment of Bonus Act, 1965

This act provides for the payment of bonuses to persons employed in certain establishments and for matters connected therewith

Applicability – This law applies to all factories and other establishments that employ twenty or more people on any day during an accounting year

Compliances –

• Maintain registers and records computation of allocable surplus – Form A
• Register to show set-on and set-off of allocable surplus – Form B
• Register of the amount of bonus due to each employee – Form C
• Annual return – Form D

Payment of Gratuity Act, 1972

This act provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, shops or other establishments and for matters related with or incidental thereto

To get to know more details, click here

Applicability – The act applies to all establishments with ten or more employees, including factories, mines, oilfields, plantations, ports, railways, shops, and establishments

Compliance –

• Form A – Submit the form to the Deputy Labour Commissioner within 30 days of the applicable act
• Form B – Notify the controlling authority within 30 days of any changes in name, address, employer, or business type
• Form C – Submit the form within 30 days of closing the establishment to adhere to regulations
• Form D – Application for gratuity by an employee
• Form E – Application for gratuity by a nominee
• Form F – Maintain a record of employee gratuity nomination updates
• Form G – Notice for payment of gratuity

Payment of Wages Act, 1936

An act regulates the payment of wages for workers in industries such as factories, railways, mines, and oilfields

The act ensures that workers are paid fairly without any unauthorised deductions or penalties

Applicability – It applies all over India.

Sales Promotion Act 1976

It regulates conditions of service of sales promotion employees in certain establishments, and this act aims to protect the rights and interests of sales promotion employees by providing benefits such as leave, appointment letters, application of certain labour laws, etc

This is the end of our discussion on Labour law in Madhya Pradesh. Let us know your other questions and opinions on this topic. Mention below the comment box