Acts of the Department

Payment of Wages Act,1936 :

The act provides that a workmen whose earned ages have not been paid to him on time or paid less wages than the fixed under contract of service by the employer, can institute acclaim before the authorities under the payment of wages act,1936.

Payment of Gratuity Act,1972

The act provides that the workmen who has put in minimum five years of service in a factory or establishment is entitled to payment of gratuity @ 15 days wages for every year of service.

Payment of Bonus Act

The Payment of bonus act provides for yearly bonus to the workmen employed in the factories and commercial establishments .The employer has to pay minimum bonus @8.33% of the total yearly wages of the workmen or rupees one hundred whichever is higher

Maternity Benefit Act,1961

The maternity benefit act provides for the payment of maternity benefit to the married women employs employed in any factory/establishment. The benefit is given in the shape of leave with wages for the period not exceeding six weeks before delivery and six weeks after delivery.

Employees State Insurance Act,1948

The act provides for the compulsory insurance over the health of the workmen and their family members in the establishments with the threshold limit of 20 employees. Now it is being reduced to 10 Employees.

Trade Union Act,1926

The Act provides for the registration of unions of employee and that of the employers as well with a view to strengthen the idea of collective bargaining of their rights.

Industrial Dispute Act,1947

The Act provides for mechanism and procedure investigation and settlement of industrial dispute.

Minimum Wages Act,1948

The Act provides for fixation minimum wages payable to the skilled ,semi–skilled ,unskilled and ministerial workers employed in various schedule employments.

The minimum Wages fixed for these categories of workers wide SRO No.304 dated 1-10-2009 are as under:-

  • 1. Skilled --------------------------------------------------------------- 225/-
  • 2. Semi-Skilled ------------------------------------------------------- 175/-
  • 3. Unskilled ----------------------------------------------------------- 150/-
  • 4. Ministerial/Supervisory/Accountancy -------------------- 200/-

Motor Transport Workers Act,1961

The Act provides for welfare of motor transport workers and regulation of consitions of their service.

Contract Labour Act,1970:

The Act provides for regulation of employment and conditions of services of the contract labour in commercial establishments where labour is hired through contractors.

Factories Act,1948:

The Act provides fior registration of factories by the chief inspector of factories who is the labour commissioner in the state of J&K .

Child labour Act

The Child Labour act 1986 puts total ban on engagement of child labour who are below the age of 14 yearsin any hazardous process/occupation.The act provides for regulation of employment of children in non-hazardous process or occupation.The act also provides for rehabilitation of child workers and providing support to the family on account of loss of income.

Working Journalists and Other Newspaper Employees(Conditions of Service and Misc provisions)Act,1955:

In order to regulate the working conditions such as retrenchment , payment of gratuity , nomination hours of work , leave , fixation or division of rates of wages of workers ,journalists and other persons employed in newspaper establishments which are implemented by the state labour department.

Inter-state Migrant Workmen(Regulation of Employment and Conditions of Service)Act,1979

This Act provides for regulating te employment of interstate workmen and their conditions of service.The act applies to every establishment in which 5 or more interstate migrant workmen are employed.

Industrial Employment(Standing Orders)Act,1946:

The Act require the employer in industrial establishment to formally define conditions for employment of the employees .

Bonded labour System(Abolition)Act,1976:

The Act puts a total ban on any kind of bonded labour system.The act also provides for rehabilitation of the bonded labours when freed

Building and Other Construction Workers(Regulation of Employment and Conditons of service)Act,1996:

The Government of India has enacted building and other construction workers(condition of services)Act,1996.The act is applicable to the state also.The State Government in the pursuance of the act has constituted a welfare board of building and other construction workers.The offices of the Board have been established various welfare schemes related to death, injury, medical expenses, education, marriage, funeral etc. have been sanctioned. The registration officers have been appointed and the process of registration has started in the state .Unfortunately, the workforce employed in building and construction workers fall in unorganized sector and could be bound to provide certain basic facilities to this labour force. The registration of workers would be a step towards bringing this unorganized workforce into an organized sector.

Building and Other Construction Workers Welfare Cess Act, 1996:

The Act provides for levy and collection of 1% Cess on the cost construction incurred by the employer with a view to augmenting the resources of “ Building and Other Construction Workers Welfare Board” constituted under the main act..

Boiler Act:

The Act provides for health and safety of every worker in every factory boilers are used

Shops and Establishment Act, 1996:

The Act provides for weekly of hours of work, leave wit wages that is 14 days casual leave and 1 month privilege leave etc. The Act also provides for Hygenic Environment to be provided to the workers in an establishment.

J&K Industrial Establishment (National and Festival) Holidays Act, 1947

• This Act provides for grant of National and festival Holidays to persons employed in industrial establishments in the state.

Employees Provident Fund Act:

The Act provides Provident fund and social security bebefits in the shape of contributory provident fund to working class having non pensionalble service.

Unorganized workers Social Security Act, 2008

The Act provide social security cover and make avaliable some of the basic amenities to the workers working in the unorganized sector.The legislation has been enacted by the parliament in the year 2008 which ahs been extended to whole of india including J&K. The state Government is also going to implement the Act in it letter and spirit for which the rules have already been issued.

The department administers the employees provident fund through Provident Fund Organistation.The provident fund employees and employer share is deposited in the individual accounts and paid back with an interest of 8% on subscriptions. The labour department also provides support to the Employees State Insurance Corporation(a government of india concern) to which the state govrnment provides a contribution of 1/8th of the allocations.The dapartment of labour sanctions the reimbursement claims of the employees and also administers the dispensaries run for the welfare of the employees in a private sector. The Labour Commissioner and Assistant Labour Commissioners at the district level also act as judicial space authorities with respect to the legel determination of the cases arrising out of the implimentation of the various acts by the department especially the industrial desputes act.The labour department is tasked to maintain the industrial peace and harmonious working relationship between the employees and employers.