LABOUR REGULATIONS
 


  APPENDIX - II



  1. Definitions in these regulations, unless otherwise expressed or indicated the following words and expression shall have the meaning hereby assigned to them.
    1. "Labour" means workers employed by the Contractor directly or indirectly through a sub-contractor, or by an agent on his behalf on a payment not exceeding Rs. 500/- per month.

    2. Fair wage means Wage which shall include wage for weekly day of rest and other allowances whether for time or piece work, as fixed by Central Public Works Department as fair wages of Kerala State, Ernakulam District Payable to deferent categories of labours but shall not be less than the minimum rte of wages fixed under the minimum wages act.

    3. 'Contractor" for the purpose of those regulations shall include an agent or sub-contractor employing labour on the works taken on contract

    4. Inspecting Officer means any labour Enforcement Officer or Assistant Labour Commissioner of the Chief Labour Commissioners organization.

    5. "Form" means a form appended to these Regulations.


  2. Notice of Commencement

    The Contractor shall within SEVEN days of commencement of the work furnish in writing to the inspecting Officer of the area concerned the following information.
    1. Name of the situation of work.

    2. Contractors name and address

    3. Particulars of the Department for which the work is undertaken.

    4. Name and address of sub-contractors as and when they appointed.

    5. Commencement and probable duration of the work.

    6. Number of workers employed and likely to be employed.

    7. 'Fair Wages" for different categories of workers.

    1. Number of hours of work which shall constitute of normal working day: The number of hours which shall constitute a normal working day for an adult shall be nine hours The working day of an adult worker shall be so arranged that inclusive of intervals, if any, day when an adult worker is made to work for more than nine hours on any day for more than FOURTY EIGHT hours in any week he shall in respect of overtime work, be paid wages at double the ordinary rate of wages.

    2. Weekly day of rest: Every worker shall be given a weekly day of rest which shall be fixed and notified at least Ten days in advance. A worker shall not be required or allowed to work on the weekly rest days unless he has or will have a substitute rest day, on one of the rest five day immediately before or after the rest day, provided that no substitution shall be made which will result in the worker working for more than ten days consecutively without a rest day for whole day.

    3. Where in accordance with the foregoing provision a worker works on the rest day and has been given a substituted rest day he shall be paid wages for the work done of the weekly rest at the overtime rate of wages.

  3. Display pf notice regarding wages, Weekly day of Rest etc.: The contractor shall be before he commence his work on contract display and correctly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous place on the works, notice in English and in the local Indian language, spoken by majority of workers, giving the rate of fair wages the hours of work for which such wages are payable, the weekly rest days workers are entitled to and name and address of the Inspecting Officer. The Contractor shall send a copy of each of such notices to the Inspecting Officer.

  4. Fixation of wage periods

    The contractor shall fix wage periods in respect of which wages shall be payable. No wage period shall normally exceed one week.

  5. Payment of wages

    1. Wages due to every worker shall paid to him direct. All wages shall be paid in current coins or currency or in both

    2. Wages of every worker employed on the contract shall be paid, where the wage period is one week, within THREE DAYS from the end of the Wage period; and in any other case before the expiry of the 7th day or 10th day from the end of wage period according as the number of workers does not exceed 1,000 or exceeds 1,000.

    3. When employment of any worker is terminated by or behalf of the Contractor, the wages earned by him shall be paid before expiry of the day succeeding the one on which his employment is terminated.

    4. Payment of wages shall be made at the work site on a working day except when the work is completed before expiry of the wage period, in which case final payment shall be made at the work site within 48 hours of the last working day and during normal working time.

    Note:
    The term "Working Day" means a day on which the work on which labour is employed, is in progress.

  6. Register of Workmen

    A register workmen, shall be maintained in Form 1 and kept at the work site or as near to it as possible le, and the relevant particulars THREE days of his employment.
  7. Employment Card

    The Contractor shall issue an employment card in form II to each worker on the day of work or entry in to his employment. If a worker has already any such card within him issued by the previous employer, the contractor shall merely endorsed by the contractor and returned to the worker.

  8. Registration of wages etc

    1. A register of wages-cum-Muster Roll in Form III shall be maintained and kept at the work site or as near to it as possible.

    2. A wage slip in form IV shall be issued to every worker employed by the contractor at least a day prior to disbursement of wages.

  9. Fines and Deductions, which may be made from wages.
    1. Wages of a worker shall be paid to him without deductions of any kind except the following.

      1. Fines

      2. Deductions for absence from duty, ie, from the place where by the term of the employment he is required to work. The amount or deduction shall be in proportion to the period foe which he was absent.

      3. Deduction for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss money which he is required to account for, where such damage or loses is directly attributable to his neglect or default.

      4. Deductions for recovery of advance or adjustment of over payment of wage advance granted shall be entered in a register and

      5. Any other deduction, which the government may from time to time allow.
        1. No fine shall be imposed on any worker save in respect of such acts and omissions on his part as have been approved by the Chief Labour Commissioner.

        2. No fine shall be imposed on a worker and no deductions for damage or loss shall be made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions.

        3. The total amount of fines which may be imposed in any one wage period on a worker shall not exceed an amount equal to three paise in a rupee of the wages payable to him in respect of that wage period.

        4. No fine imposed on a worker shall be recovered from him in installment or after expiry of sixty days from the date on which it was imposed on the day of the Act or omission in respect of which it was imposed

        5. The contractor shall maintain both in English and the local Indian language a list, approved by the Chief Labour Commissioner clearly stating the acts and omissions for which penalty or fine my be imposed on a workmen and display it in good condition in a conspicuous place on the work site


  10. Preservation of registers: The register of Workman and the Register of Wages-Cum-Muster Roll required to be maintained under these regulations shall be preserved for 3 years after the date on which the last entry is made therein.

  11. Enforcement: The Inspecting Officer shall either on his own motion or on a complaint received by him carry out investigations and send a report to the Engineer in charge specifying the amount representing workers dues and amounts of penalty to be imposed on the contractor for breach of these Regulations that have to be recovered from the contractor indicating full details or the recoveries proposed and the reasons therefore. t shall be obligatory on the part of the Engineer in charge on receipt of such report to deduct such amounts from payments due to the contractor.

  12. Disposal of amounts recovered from the contractor: the Engineer in charge shall arrange payments to workers concerned within FORTY FIVE days from receipt of a report from the inspecting Officer excepting cases where the contractor had made an appeal under regulation 15 of these Regulations in case where there is an appeal payment of workers does would be arranged by the engineering-charge, wherever such payment arise, within THIRTY days from the date of receipt of the decision of the regional Labour Commissioner (RLC)

  13. Welfare fund: All moneys that are recovered by the engineer-in-charge by way of workers’ dues which could not be disbursed to workers within the time - limit prescribed above, due to reasons such as ware bouts of workers no being known, death of a worker, etc. and also amount recovered as penalty, shall be credited to a fund to be kept under the custody of the R.L.C for such benefit and welfare of workman employed by the contractors as are prescribed by the chief labour commissioner.

  14. Appeal against decision of inspecting Officer: Any person agreed by a decision of the Inspecting officer may appeal against such decision of the regional labour commissioner concerned with in THIRTY days from the date of the decision, forwarding simultaneously a copy of this appeal to the engineer-in-charge. The derision of the regional Labour Commissioner shall be final and building upon the contractor and the working

  15. Representation of Parties

    1. A workman shall be entitled to be represented in any investigation on enquiry under this regulations by an officer of a registered trade union of which he is a member or by an officer of a federation of traced union to which this said trade union is affiliated or where the workman is not a member of a registered trade union, by an OFFICER of registered trade union, connected with or by any other workman employed in the industry in which the worker is employed.

    2. A contractor shall be entitled to be represented in any investigation or enquiry under these Regulation by an officer of an association of contractors of which he is a member or by an Officer of a Federation of associations of contractors to which the said association is affiliated or where the contractor is not a member of any association of contractors, by an officer of association of employers, connected with or by any other employer engaged in, the industry in which the contractor is engaged.

    3. No party shall be entitled to be represented by a legal particular in any investigation or enquiry under these Regulations.


  16. Inspection of Books and other Documents

    The Contractor shall allow inspection of the Registers and other documents prescribed under these Regulations by Inspecting Officer and the Engineer-in-charge or his authorised representative at any time and by the worker or his agent on receipt of due notice at a convenient time.

  17. Interpretation etc

    On any question as to the application, interpretation of effect of those regulations, the decision the Chief Labour Commissioner or Deputy Chief Labor Commissioner (Central) shall be final and binding.

  18. Amendments

    Government may from time to time add to or amend these Regulations and issue such directions, as it may consider necessary for the proper implementation of these Regulations or for the purpose of removing any difficulty, which may arise in the administration thereof.