Our Services

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Administrative Charges

Services We Offer

We are ESI Consultants and at PFESI.IN, we provide following services in compliance to the provisions of Employees’ State Insurance Act, 1948:

Employees’ State Insurance Compliances

Support in ESI Compliances

Legal Support

• Factories Act, 1948 extends to whole of India.
• It applies to factories as defined under the Act.

• Any premises including the precincts thereof where 10 or more workers are or were working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on; or
• Any premises including the precincts thereof where 20 or more workers are or were working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on

State Governments may modify the limit by notification; but in no case, any women may be employed between10 P.M. and 5 A.M.

Having Certificate of Fitness to work in a factory but not having attained the age of 17 years: between 6 A.M.and 7 P.M.

State Governments may modify the limit by notification; but in no case, any female adolescent may be employed between 10 P.M. and 5 A.M.

N.A.

Services We Offer

We are Industrial Consultants and at PFESI.IN, we provide following services in compliance to the provisions of the Factories Act, 1948:

• Contract Labour (Regulation & Abolition) Act, 1970 extends to whole of India.
• Applicable to all industrial and commercial establishments

• Contractor / Sub-contractor shall be responsible for payment of wages to each worker employed by him as contract labour;
• Every such payment to contract labour shall be paid in the presence of authorized representative of Principal Employer;
• In case the Contractor / Sub-contractor fails to make payment of wages within the prescribed period or makes short payment then, the Principal Employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the Contractor / Sub-contractor.

• Provides for compulsory registration of shops / establishments
• Provides for communication of closure of shops / establishments
• Lays down the hours of work – per day & week; guidelines for rest interval, opening and closing hours, closed days, national and religious holidays, overtime work
• Lays down Rules for employment of children, young persons and women; annual leaves, maternity leaves, sickness and casual leaves; employment and termination of service etc.
• Provides for maintenance of statutory registers & records and display of notices
• Provides for obligations of employers as well as employees.

• Payment of Bonus Act, 1965 extends to whole of India.
• Payment of Bonus Act, 1965 applies to every factory and to every other establishment in which 20 or more persons are employed on any day during an accounting year;
• The Government may also apply the act on any factory or establishment in which has less than 20 but not less than 10 persons are employed;
• Payment of Bonus Act, 1965 is applicable on every employee whether doing any skilled, unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward and whether the terms of employment are express or implied.

• Payment of Bonus Act, 1965 is applicable on employees drawing wages / salary up-to 10,000/- per month.
• Only those employees are entitled for bonus, who have worked for at least 30 working days in an accounting year.

• 8.33% of the salary or wages earned by an employee in a year or Rs. 100/-, whichever is higher.
• In case allocable surplus exceeds the amount of provision of minimum bonus, the employer shall be bound to pay maximum bonus not exceeding 20% of the salary or wages earned by employees.
• In case allocable surplus exceeds the maximum bonus (20% of the salary or wages earned by employees), the excess surplus shall be carried forward for being set on in the succeeding accounting years up to and inclusive of the 4th accounting year.

• Payment of Gratuity Act, 1972 extends to whole of India.
• It applies to every factory, mine, oilfield, plantation, port and railway company, shop or establishment in which 10 or more persons  are or were employed on any day of the preceding 12 months;
• It applies to all such other establishments or class of establishments in which 10 or more persons are or were employed on any day of the preceding 12 months as the Central Government may, by notification, specify in this behalf.

Maximum Limit

• Employees covered under the Act are entitled for maximum amount of gratuity of Rs. 10,00,000/-
• The employer may be pleased to offer better terms of gratuity. However, any amount exceeding the maximum prescribed limit of gratuity (Rs. 10,00,000/-) becomes taxable in the hands of the recipient..

• Gratuity is payable at the rate of 15 days’ last drawn wages by the employee concerned for every completed year of his service or part thereof in excess of 6 months.
• In case of a monthly rated employee, 15 days’ wages shall be calculated by dividing the last drawn monthly wages by 26 and multiplying the quotient by 15.
• In case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of 3 months immediately preceding the termination of his employment (without taking into account the wages paid for any overtime work).

• The coverage of Industrial Disputes Act, 1947 extends to whole of India
• Applicable to all industrial and commercial establishments
• Covers all workers and supervisors drawing salaries up to Rs. 1600/- per month
• Not applicable to person employed in managerial and administrative capacities

• Defines terms ‘Industry’, ‘Industrial Dispute’, ‘Lay-off’;, ‘Strike’, ‘Lockout’, ‘Retrenchment’, ‘Trade Union’ etc
• Provides machinery for investigation and settlement of ‘Industrial Disputes’ through Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, voluntary Arbitration and Collective Bargaining
• Provides for setting-up of ‘Grievance Settlement Authority’ (GSA) in certain establishments
• Provides for notice of change in employment conditions
• Provides Strike, Lockout & Retrenchment procedures
• Provides for Lay-off & Retrenchment Compensation
• Provides for Compensation to workmen in case of transfer of undertakings
• Protection of workmen during pendency of proceedings
• Provides for Right to Appeal
• Provides for Reopening of Closed Undertakings
• Lays down provisions regarding Unfair Labour Practices
• Provides Obligations & Rights of Employees

Workmen’s Compensation Act, 1923 has been remaned as ‘Employees’ Compensation Act, 1923′ vide Workmen’s Compensation (Amendment) Act, 2009

• The Workmen’s Compensation Act, 1923 extends to whole of India.
• It applies to workmen employed in factories, mines, plantations, mechanically propelled vehicles, construction works and certain other hazardous occupations in any such capacity as is specified in Schedule II of the Act;
• It applies to persons recruited for working abroad and who is employed outside India in any such capacity as is specified in Schedule II of the Act.
• It also applies to a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle and to a captain or other member of crew of an aircraft.

• Death or
• Permanent Total Disablement or
• Permanent Partial Disablement or
• Temporary Disablement (whether total or partial)

• The Apprentices Act, 1961 extends to whole of India.
• It applies to both public and private sector establishments;
• Provisions of Apprentices Act, 1961 does not apply to:

1. any area or to any industry in any area unless the Central Government by notification specifies that the provisions of this act are applicable to that area or industry;
2. any such special apprenticeship scheme for imparting training to apprentices as may be notified by the Central Government.

• An ‘Apprentice’ means trainee, beginner, novice;
• A person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.

Qualifications of Apprentice :

• An Apprentice Should not be less than 14 years of age;
• An Apprentice should also satisfy all standards of education and physical fitness as may be prescribed.

• No person shall be engaged as an apprentice in a designated trade unless such person or, if he is a minor, his guardian has entered into a Contract of Apprenticeship with the employer;
• Contract of apprenticeship may contain all such terms & conditions as may be agreed between the parties consistent with the provisions of the Act.

• To provide training to apprentice in accordance with the provisions of the Act and the Rules made there-under;
• To ensure that a person possessing prescribed qualification is made in-charge of the training of the apprentice;
• To provide adequate & qualified instructional staff for imparting practical and theoretical training and facilities for trade test of apprentices;
• To fulfill obligations as agreed under the contract of apprenticeship.

• Industrial Employment (Standing Orders) Act, 1946 extends to whole of India.
• It applies to every ‘industrial establishment’ in which 100 or more workmen are or were employed on any day of the preceding 12 months;
• It shall not apply to any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 are applicable;
• It shall also not apply to any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 are applicable.

• An industrial establishment as defined in section 2(ii) of the Payment of Wages Act, 1936; or
• Factory as defined in section 2(m) of the Factories Act, 1948; or
• Railway as defined in section 2(4) of the Indian Railways Act, 1890; or
• Establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen

Standing Orders:

• ‘Standing Orders’ means Rules relating to matters set out in the Schedule to Industrial Employment (Standing Orders) Act, 1946.

• Maternity Benefit Act, 1961 extends to whole of India.
• It applies to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;
• It also applies to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which 10 or more persons are or were employed on any day of the preceding 12 months;
• Maternity Benefit Act, 1961 is not applicable on any factory or other establishment to which the provisions of ESI Act, 1948 apply.

• Every woman shall be entitled to maternity benefit;
• No woman shall be entitled to maternity benefit unless she has actually worked in an establishment for a period not less than 80 days during 12 months immediately preceding the date of her expected delivery.

• Maternity Benefits may be claimed for a maximum period of 12 weeks – 6 weeks up to and including the day of her delivery and 6 weeks immediately following that day.
• Maternity Benefits are calculated at the rate of Average Daily Wages for the period of her actual absence.

• Payment of Wages Act, 1936 is a central legislation & extends to whole of India.
• It applies to all persons employed, whether directly or through contractors, in a factory or certain specified industrial or other establishments.
• Applicable on employees drawing wages up-to 6,500/- per month.

• In case of factories, person named as manager under the provisions of Factories Act, 1948;
• In case of industrial or other establishments, person responsible for supervision and control of the industrial or other establishments;
• In case of railways, the railway administration and the person nominated by railway administration for the local area concerned;
• In case of contractor, person designated by contractor.

• Minimum Wages Act, 1948 extends to whole of India.
• It applies on persons employed in an employment specified in Part I (Non-agricultural Employment) & Part II (Agricultural Employment) of the Schedule to the Minimum Wages Act, 1948.

• Appropriate Government (Central or State, as the case may be) has authority to fix the minimum rate of wages in respect of employment specified in Part I & II of the Schedule to the Act.
• The Central Government has authority to fix rate of minimum wages for 45 Spheres of employment; whereas, the State Governments have authority to fix rate of minimum wages for1596 Spheres of employment in their territory.