Index:
Introduction
Labour laws regulate establishments, address labourers’ legal rights, and ensure equality. In Rajasthan, the relevant acts and rules include the Employees State Insurance Act, Shop and Establishment Act, Payment of Wages Act, and Employee Provident Fund Act. This post will cover all the important details of labour law of Rajasthan.
Applicability, Compliances and Law of Rajasthan
If you are planning to start a business in Rajasthan, compliance with the state’s labour laws is essential. The labour law of Rajasthan are classified under specific acts.
Equal Remuneration Act & Rules, 1976
This Act is aimed to ensure that male and female workers receive equal pay for equal work and to prevent discrimination against women in employment based on their gender. The ACT also covers any related or incidental matters.
Applicability – It is applicable to all employments in the state of Rajasthan, except those where the Central Government is the appropriate authority
Compliances –
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- Form D – Maintain a record showing the number of male and female workers, their employer, and the nature of their work.
- Maintain a muster roll and wages register of employees and their wages, ensuring equal pay for equal work.
- Display abstract of Act & Rules in English, Hindi & worker’s language at a prominent place in the establishment.
- Form E – Submit the annual return to the State Government’s appointed authority by February 1st of each year.
Industrial Disputes Act 1947 & Rules, 1958
An Act aims to prevent and settle workplace disputes. It establishes authorities to investigate and adjudicate disputes, regulate strikes and lock-outs, and ensure compensation is paid.
Applicability – This act applies to all employments in Rajasthan, except those under the jurisdiction of the Central Government.
Industrial Employment (Standing Order) Act, 1946
The Act covers worker classification, working hours, wages, leave, dismissal, discipline, and grievance redressal. It also provides the certification of standing orders and the penalties for violating them.
Applicability – It applies to every industrial establishment where 100 or more workers are employed or were employed on any day of the preceding 12 months.
Compliance –
- Draft the standing orders and submit them to the certifying authority for approval.
- Display the certified standing orders prominently at the workplace and provide a copy to any worker who requests it.
Rajasthan Industrial Employment (Standing Order) Rule, 1963
Rajasthan Inter-State Migrant Workmen (Regulation Of Employment and Condition Of Service) Rules,1981
The Act and the Rules aim to protect the rights and welfare of inter-state migrant workmen who are employed by contractors or establishments in another state. Such as wages, hours of work, leave, medical facilities, journey allowance, etc.
Applicability – It applies to every establishment and contractor in the state of Rajasthan who employs five or more inter-state migrant workers or has employed them on any day in the preceding 12 months.
Compliance –
- Register contractors and establishments with appropriate authority for certificates and licenses to employ inter-state migrant workers.
- Maintaining registers, records, and returns by the contractors and establishments and submitting reports to the appropriate authority.
- The conditions of service and amenities for inter-state migrant workers include wages, hours of work, leave, medical facilities, protective clothing, journey allowance, etc.
- The Act and Rules detail the powers and duties of inspectors for enforcement.
Maternity Benefits Act, 1961
It regulates the employment of women in specific establishments for particular periods, both before and after childbirth. It also offers maternity benefits and other benefits to them. The aim of the act is to safeguard the rights and welfare of women workers during pregnancy and delivery and to ensure their health and safety.
To get to know more about the Maternity Benefits Act and Special Maternity Benefit Leave, click here.
Applicability – It applies to every establishment employing 10 or more persons except those covered by the Employees’ State Insurance Act.
Rajasthan Maternity Benefit Rules 1967 & Rules 2000
The Rules prescribe the following:
- The process for certifying and displaying maternity benefit-related standing orders in each establishment.
- The guidelines for women employees to notify about their pregnancy, delivery, miscarriage, or illness.
- The duties and powers of inspectors and the penalties for the contravention of the Act or the Rules.
Minimum Wages Act, 1948
It provides for fixing minimum rates of wages in certain employments in India. The Act aims to ensure fair wages and decent living standards for workers and to prevent exploitation and discrimination.
Applicability – It is applies to every establishment that employs 10 or more employees.
To get to know more details about state wise minimum wages, click here.
Motor Transport Workers Act, 1961
The Act aims to protect the welfare of motor transport employees and governs their working conditions in India. The Act covers various aspects such as registering motor transport companies, inspecting working conditions, implementing health and safety measures, regulating work hours, overtime, rest periods, leave, wages, and other related matters.
Applicability – The Act applies to every establishment that employs 10 or more motor transport workers.
Compliances –
- Register the establishment with the appropriate authority and display the registration certificate at the workplace.
- Maintain and keep accurate records of motor transport worker employment.
- Motor transport workers require welfare and health facilities such as canteens, restrooms, uniforms, medical care, and first-aid.
- Follow the norms for the hours of work, overtime, rest periods, spread-over, split duty, weekly rest, etc., for the motor transport workers.
- Cooperate with the inspectors and comply with their directions and orders.
- Refrain from employing any child or adolescent who is not fit to work as a motor transport worker.
The Rajasthan Motor Transport Workers Rules,1962, Amendment Rules, 2000
The Payment of Bonus Act, 1965
It aims to ensure a fair distribution of wealth and to motivate workers to perform better. Know more details about payment of bonus act.
Applicability – The Act applies to every establishment that employs 20 or more persons.
Compliance –
- It mandates a minimum bonus of 8.33% of the salary or wages, or Rs. 100, whichever is greater, to be paid to every employee who has worked for at least 30 days in a given year.
- The Act allows a maximum bonus of 20% of salary/wages if there is an allocable surplus and set-off of previous years’ surplus/deficit.
The Payment of Bonus Rules, 1975
The Payment of Gratuity Act, 1972
It provides payment of gratuity to employees who have completed at least five years of continuous service in an establishment. The Act aims to ensure fair distribution of wealth and to motivate the workers to perform better.
Know more details of Payment of Gratuity, click here.
Applicability – It applies to every establishment that employs 10 or more persons.
Compliance –
- Pay gratuity to employees who complete 5 years of continuous service at 15 days’ wages per completed year, up to 20 lakhs.
- Pay gratuity to the nominee/legal heir in case of employee’s death/disablement, regardless of length of service.
- Nominate a beneficiary and inform the employer in writing in case of death.
- Gratuity must be paid within 30 days of becoming payable. Otherwise, interest will be charged at the prescribed rate.
The Payment of Wages Act, 1936
It regulates the payment of wages to employees in certain establishments in India. Its aim is to prevent unlawful deductions and delays in the payment of wages and to ensure that workers receive fair and timely remuneration.
Applicability – It is applicable to all over India.
Compliance –
- Ensure that every employee is paid their wages in full and on time, without any unauthorised deductions.
- Wages must be paid within the prescribed time limit, and the wage period cannot exceed one month.
- Pay wages in current coins, currency notes, cheques, or bank transfers with the employee’s consent.
- Specify the allowable deductions from wages for fines, absences from duty, damage or loss, services rendered, advances, loans, cooperative societies, insurance schemes, etc.
- Maintain and furnish the prescribed registers, records, and returns relating to the payment of wages.
Employee Compensation Act, 1923
It provides for the payment of compensation to workers who experience injuries or illnesses that occur as a result of and during the course of their employment. Its main objective is to safeguard the rights and well-being of employees and their dependents, ensuring that they receive just and timely compensation for any losses they may incur.
Applicability – It is applicable to every establishment where 10 or more employees are employed.
Compliance –
- Employees injured or affected by occupational diseases are entitled to compensation.
- Compensate the dependents of deceased employees, such as spouses, children, and parents.
- Nominate a beneficiary in writing to receive compensation in case of death.
Child Labour (Prohibition And Regulation) Act, 1986
This act aims to prevent the exploitation and abuse of children in certain occupations and to regulate their working conditions in other occupations. The Act defines a child as a person who is under 14 years of age and prohibits their employment in hazardous occupations and processes. Additionally, the Act provides for the hours and duration of work, weekly holidays, health and safety measures, and penalties for the violation of the Act.
Applicability – It is applicable all over India.
Compliance –
- It is illegal to employ any child under the age of 14 in hazardous occupations listed in the Act’s Schedule.
- Regulate working conditions for child labour, including work hours, breaks, safety, and health measures.
- Maintain and keep records of children’s employment.
- Cooperate with the authorities and follow their instructions and orders.
Trade Unions Act, 1926
It provides for the registration of trade unions and defines their rights and liabilities in India. Its aim is to promote collective bargaining and protect the interests of workers and employers.
Applicability – It applies to every trade union whose objectives are not limited to one state, regardless of whether it is registered or not.
Compliance –
- Register with the Registrar of Trade Unions and obtain a certificate of registration.
- Follow the rules and regulations set by the government and the Act for proper management and functioning of the trade union.
- Maintain and keep records related to the trade union’s membership, funds, assets, and liabilities as per prescribed regulations.
- Ensure the trade union’s general and political funds are used only for specified purposes.
Contract Labour (Regulation and Abolition) Act, 1970 (Amendment) Act, 2014
The amendment reduces the scope of the Act, which will now apply to establishments and contractors with 50 or more workers. The state government can apply it to those with less than 50 workers. It eases the burden on small and medium-sized enterprises and promotes industrial growth and employment.
Applicability – Every establishment and contractor in Rajasthan employing 50 or more workers as contract labour or who were so employed in the preceding 12 months is applicable to this.
Compliance –
- No contract labour is allowed in establishments or by contractors with less than 50 employees unless authorised by the state.
- Any establishment or contractor employing 50 or more workers must obtain a license from the appropriate authority for employing contract labour.
- It is mandatory to provide necessary amenities and welfare facilities for contract labour, including canteens, restrooms, drinking water, first-aid, etc.
- Ensure that contract labour is paid wages and other benefits in compliance with the law.
Rajasthan Shops And Commercial Establishments Acts,1958
The Act regulates working conditions and employment rules for establishments in Rajasthan, India. It covers registration, working hours, leave, wages, health, safety, welfare, and dispute resolution.
Applicability – It applies to all establishments except those exempted by the State Government and provides for inspectors, penalties, and appeals.
Compliance –
- Every establishment is required to register with the appropriate governing body and renew their registration periodically.
- No employee is allowed to work more than 9 hours in a day or 48 hours a week. They must also be given one day of rest every 7 days.
- All employees are entitled to three types of leave, namely annual leave with wages, casual leave, and sick leave.
- Children under the age of 14 cannot be employed in any establishment, and young people under the age of 18 cannot work during night hours.
- Every establishment must maintain prescribed records, registers, and notices.
- Every establishment is required to provide sufficient ventilation, lighting, sanitation facilities, drinking water, first aid equipment, and fire safety measures for its employees.
There are some other acts are applicable in the state of Rajasthan –
- Working Journalist and Other Newspaper Employees Act, 1955
- Working Journalist and Other Newspaper Employees Rule, 1957
- Unorganised Workers’s Social Security Act,2008
- The Rajasthan Unorganised Workers’s Social Security Rules,2011
- Bonded Labour System(Abolition)Act,1976
- Sales Promotion Employee(Condition Of Service)Act & Rules, 1976
- Building And Other Construction Worker’s Welfare Cess Act, 1996
- Beedi And Cigar Workers (Condition of Employment) Act, 1966
- Rajasthan Ease of Compliance to Maintain Registers under Various Labour laws Rules,2017
- Rajasthan Industrial Housing Allotment Rules 1957
This is the end of our discussion on Labour law of Rajasthan. Let us know your other questions and opinions on this topic. Mention below the comment box.
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