Explanation

Medical Bonus is confinement expenses payable by the employer to the woman employee if pre and post confinement care is not provided by the employer. The Medical Bonus is payable at the Rs. 3500 per confinement upto a maximum of 2 confinements. (It is unclear from law if provision of medical insurance is construed as provision of pre and post confinement care. Hence it is better to make payment of Medical Bonus; Medical bonus is payable once per confinement)

Section/Article

Section 8 of The Maternity Benefit Act, 1961 Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge. Notification dated 19.12.2011 increased the limit to Rs. 3500

Explanation

Basic Wages is not defined under Minimum Wages Act. However \\\"wages\\\" means all remuneration, capable of being expressed in terms of money and includes house rent allowance], but does not include any other amenity provided by employer, employer contribution to PF, any travelling concession or any gratuity payable.

Section/Article

Wages is defined under Section 2(h) \"wages\" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 1*[and includes house rent allowance], but does not include-- (i) the value of-- (a) any house-accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government; (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance; (iii) any travelling allowance or the value of any travelling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge

Explanation

As per case law Airfreight Ltd. vs State Of Karnataka & Ors. on 4 August, 1999 “If any establishment has been paying wages to employees after splitting the gross salary in to basic + HRA+ Conveyance+ etc …., and whereas the sum of these heads make equal to or more than minimum wage fixed by the government, the employer is said to comply with the requirements under the Minimum Wages Act” This ruling has been interpreted as a licence to split the total salary into components like HRA, Conveyance etc which do not form part of statutory salary

Explanation

Factory is any premises where 20 or more workers are employed to carry out a manufacturing process with the aid of power or where 40 or more workers are employed to carry out a manufacturing process without the aid of power. Government has also made this act applicable to power looms, saw mills, certain industries which use hazardous chemicals, and certain processes carried out using flammable solvents by publishing a notification, even if the number of workers employed is less than 10.

Explanation

A/c No. 1- Contributions including refund of advances A/c No.10 - Pension fund contributions A/c No.21 - EDLI contribution A/c No.2 - Administration charges

Explanation

Any person who is employed for wages in any kind of work directly or through a contractor, in any manner, in connection with the work of the establishment will be termed as employee under section 2(f) of the Employees\' Provident Funds and Miscellaneous Provisions Act, 1952.

Explanation

A foreigner who is called as an ‘international worker\' under EPF will not be ‘excluded employee\' if there is no Social Security Agreement between India and country of that foreign national employee. EPF contributions is to be calculated on the entire salary paid to foreign national employee and deposited in his PF account with the EPF Authority if there is no Social Security Agreement between India and country of that foreign national employee.

Explanation

No. The Delhi High Court has held that forfeiture of gratuity of an employee for charge of negligence and causing loss to the property, that too after his resignation, will not be justified (Dunlop India Limited vs. Union of India, 2003). However, in D.S. Chauhan vs. Food Corporation of India, 2009, it has been held that forfeiture of gratuity of an officer, failing to supervise control resulting in a loss of about Rs.1 crore to the employer, is justified.

Explanation

Any aggrieved women may make in writing a complaint of sexual harassment at workplace to the Internal committee/ Local Committee within 3 months from the date of incident or the date of the last incident in case of a series of incident. However, The Internal Committee and the Local Committee can extend the time limit not exceeding another 3 months if it is satisfied that the circumstances were such which prevented the woman from filing the complaint within the said period. When the complaint under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has been filed beyond limitation but the complainant could not file certain documents before the Complaints Committee which prove the filing of complaint within limitation, the additional documents be considered by the Appellate Authority and matter be remanded back to the Complaints Committee for reconsidering the matter by giving due opportunities to the parties to lead evidence and passing a fresh speaking order.

Explanation

1. Mental trauma, pain, suffering and emotional distress caused to the aggrieved woman 2. Loss in career incurred by the victim for physical or psychiatric treatment 3. Income and financial status of the respondent 4. Feasibility of such payment in lumpsum or installments If the Local Committee has passed the order under Section 13(3) of the Act, based on enquiry report, that order passed is within the jurisdiction of the Local Committee.

Explanation

The Presiding Officer and every members of the Internal Committee shall hold office for a period not exceeding three years from the date of nomination as member.

Explanation

The member appointed from amongst the non-governmental organizations or associations shall be paid a fee or allowance for holding the proceedings of the Internal Committee. The employer shall be responsible for the payment of allowances.

Explanation

For the purpose of making an inquiry the ICC or the LCC shall have the same powers as are vested in a civil court under the Code of Civil Procedures, 1908 when trying a suit in respect of the following:- a. Summoning and enforcing the attendance of any person and examining him on oath b. Requiring the discovery and production of documents Any other matter which may be prescribed

Explanation

Such a person can be a social worker with at least 5 years experience in the field of social work which leads to creation of societal conditions favourable towards empowerment of women and in particular in addressing workplace sexual harassment or a person who is familiar with labour, service, civil or criminal law as per section 4 of the Rules.

Explanation

The Internal Committee and the Local Committee can extend the time limit not exceeding another 3 months if it is satisfied that the circumstances were such which prevented the woman from filing the complaint within the said period.