International Labour Affairs Section (ILAS)
Main Activities of ILAS of Ministry of Labour
§ Examination of specific issues on the agenda of the various Committees of the Governing Body of the ILO held in March, June and November every year and the International Labour Conference (ILC) held in June every year and deciding the view to be taken by the Government of India and thereby preparing appropriate interventions for the Government of India delegates.
§ Examination of questionnaires relating to standard setting, revision or withdrawal, circulated by the ILO Secretariat, in consultation with the concerned Central Ministries/Departments; State Governments and the social partners and preparing suitable replies to the questionnaires.
Examination of the draft text of the instruments proposed to be adopted by the ILO in consultation with the concerned Central Ministries, State Governments and the social partners, taking a decision on whether or not to support their adoption and preparing appropriate interventions for the Government delegates.
Submission of the instruments adopted by the ILO to the competent authority, i.e., Parliament in our case for its information to fulfil the obligation under article 19 of the ILO Constitution.
Examination of Conventions and Recommendations adopted by the ILO in the light of National laws and practices in consultations with the concerned Central Ministries/Departments, State Governments/UTs and the social partners. Ratification of those Conventions of the ILO to which our National laws and practices conforms their provisions and accordingly informing the ILO about the decision of the Government.
Ratification of an ILO Convention is a voluntary process. The practice followed by India so far has been that a Convention is ratified only when the national laws and practices are in conformity the provisions of the Convention in question. India has so far ratified 41 ILO Conventions and 1 protocol. The unratified Conventions of the ILO are also reviewed at appropriate intervals in relation to our National laws and practices.
Preparation of periodical Reports on unratified ILO Conventions under Article 19 of the ILO Constitution indicating the position of National laws and practices vis-à-vis the provisions of the Conventions. Similarly, periodical Reports on ratified Conventions of the ILO are prepared under Article 22 of the ILO Constitution indicating how the provisions of the Conventions are being implemented in the country. The Reports on the priority Conventions are required to be submitted after every two year while the non-priority ones are to be submitted after every five years. These reports are due to be sent to the ILO between 1st June and 1st September every year.
Preparing appropriate comments and relevant replies to the Observations and Direct Requests made by the Committee of Experts on the Application of Conventions and Recommendations on the implementation of the various provisions of various Conventions ratified by India.
Preparation of Reports on unratified core or fundamental Conventions of the ILO every year under the Annual review under the Follow–up to the ILO Declaration on Fundamental Principles and Rights at Work indicating how the principles involved in the Core Conventions are being ensured in the country.
Convening at appropriate intervals a tripartite meeting of Committee on Conventions to discuss with the social partners various issues related to the ILO Standards and positions of the Government of India thereon.
§ Examination of cases against India before the ILO’s Committee on Freedom of Association and other miscellaneous complaints for violation of infringement of principles of freedom of association and collective bargaining.
Dealing with matters pertaining to other obligations arising out of India being a member of the ILO. For example, requirement to take a stand and convey our views on issues like Myanmar case, stand to be taken by the ILO on various issues in meetings of various UN bodies like WTO, World Conference against Racism, special UN Assembly on Ageing, World Summit on Sustainable Development, etc.
Friday, May 8, 2009
IMPROVE ORGANIZATIONAL COMPETITIVENESS
A leadership development model to improve organizational competitiveness.
INTRODUCTION
Firm competitive behavior and the sustained effort to remain effective and competitive are very important attributes of successful organizations. As Offstein and Gnyawali (2004) have pointed out, few researchers have carefully and exclusively examined human factors as antecedents
to firm competitive behavior. Some researchers such as Hambrick et al. (1996) have examined the human dimension in some ways, however, there are few such studies. Yet, we can be reasonably confident that the human capital (that is, individual knowledge, skills, attitudes, predispositions) of an organization can contribute a great deal to the improvement of the organization's competitive intensity and success as the human capital may have extensive knowledge of the organization's competitive environment and, as well, may be prepared to engage in a variety of complex and strategic actions.
In an effort to stimulate positive change in the capability of organizations to improve their competitive talents, this paper proposes an approach to leadership development that makes use of chains of independent and interdependent interaction sequences, transactional episodes, in which an individual systematically seeks to: 1) project leader attributes towards others, and, concomitantly, 2) effectively employ selected influence tactics to gain commitments and compliance of others. The overall process of becoming skilled in these influence behaviors we have labeled autogenic leadership development or ALD. Reflecting on the recent work and criticism of management education and training by Ghoshal (2005), ALD is a means to forward an intentional, ethical approach to leading that incorporates concepts grounded on the reinforcement of social order and the use of positive impression management methods.
Propositions
ALD rests on two ideas that seek to guide individuals in attempts at leadership. The two ideas are the guiding beacons that demonstrate what has to be achieved in order for one to become more influential. ALD is an action model that ultimately prescribes specific influence behavior to use in work and other social situations to help an individual manage progress. From the body of research literature in the areas of communication, leadership, influence, social psychology, management and others, we know two things with some certainty. First, most people with whom we interact with will form some opinions about us as to our capability to influence them and others. Often, these opinions or attitudes towards us are formed by others rather early in our encounters with them. People will do this whether or not they possess much information about us.
INTRODUCTION
Firm competitive behavior and the sustained effort to remain effective and competitive are very important attributes of successful organizations. As Offstein and Gnyawali (2004) have pointed out, few researchers have carefully and exclusively examined human factors as antecedents
to firm competitive behavior. Some researchers such as Hambrick et al. (1996) have examined the human dimension in some ways, however, there are few such studies. Yet, we can be reasonably confident that the human capital (that is, individual knowledge, skills, attitudes, predispositions) of an organization can contribute a great deal to the improvement of the organization's competitive intensity and success as the human capital may have extensive knowledge of the organization's competitive environment and, as well, may be prepared to engage in a variety of complex and strategic actions.
In an effort to stimulate positive change in the capability of organizations to improve their competitive talents, this paper proposes an approach to leadership development that makes use of chains of independent and interdependent interaction sequences, transactional episodes, in which an individual systematically seeks to: 1) project leader attributes towards others, and, concomitantly, 2) effectively employ selected influence tactics to gain commitments and compliance of others. The overall process of becoming skilled in these influence behaviors we have labeled autogenic leadership development or ALD. Reflecting on the recent work and criticism of management education and training by Ghoshal (2005), ALD is a means to forward an intentional, ethical approach to leading that incorporates concepts grounded on the reinforcement of social order and the use of positive impression management methods.
Propositions
ALD rests on two ideas that seek to guide individuals in attempts at leadership. The two ideas are the guiding beacons that demonstrate what has to be achieved in order for one to become more influential. ALD is an action model that ultimately prescribes specific influence behavior to use in work and other social situations to help an individual manage progress. From the body of research literature in the areas of communication, leadership, influence, social psychology, management and others, we know two things with some certainty. First, most people with whom we interact with will form some opinions about us as to our capability to influence them and others. Often, these opinions or attitudes towards us are formed by others rather early in our encounters with them. People will do this whether or not they possess much information about us.
Factory ACT
Laws/Rules
Factory Act
Short Title, Extent and Application
1. This act may be called the Factory Act,1948.
2. It extents to the whole of India*.
3. It shall come into force on the 1st day of April,1959.
Introduction
The Law relating to factories is governed under the factories Act, 1948.
Objective of the Act
The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety.
Applicability of the Act
The act applies to all factories. The State Government may, by notification in the official Gazette, declare that all or any of the provisions of the act shall apply to any place wherein manufacturing process is caused on with or without the aid of power or is so ordinarily carried on, not with standing that:
§ the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
§ the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.
However, no such declaration can be made where the manufacturing process is being carried on by the owner only with the aid of his family.
Obligations of the Employer
§ Approval, licensing and registration of factory
§ Notice of resumption of work
§ Notice regarding appointment of manager
§ General duties of occupier
§ General duties of manufacturers
§ Health measures
§ Safety Measures
§ Handling of hazardous Processes
§ Welfare measures
§ Working hours of adults
§ Employment of young persons
§ Annual leave with wages
§ Issue of Notices
§ Display of Notices
§ Timely submission of Returns.
§ Appeal
Offences & Penalties
Save as is otherwise expressly provided in this Act and subject to the provision of section 93, if in, or in respect of any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manger of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to One Lakh Rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued.
Factory Act
Short Title, Extent and Application
1. This act may be called the Factory Act,1948.
2. It extents to the whole of India*.
3. It shall come into force on the 1st day of April,1959.
Introduction
The Law relating to factories is governed under the factories Act, 1948.
Objective of the Act
The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety.
Applicability of the Act
The act applies to all factories. The State Government may, by notification in the official Gazette, declare that all or any of the provisions of the act shall apply to any place wherein manufacturing process is caused on with or without the aid of power or is so ordinarily carried on, not with standing that:
§ the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
§ the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.
However, no such declaration can be made where the manufacturing process is being carried on by the owner only with the aid of his family.
Obligations of the Employer
§ Approval, licensing and registration of factory
§ Notice of resumption of work
§ Notice regarding appointment of manager
§ General duties of occupier
§ General duties of manufacturers
§ Health measures
§ Safety Measures
§ Handling of hazardous Processes
§ Welfare measures
§ Working hours of adults
§ Employment of young persons
§ Annual leave with wages
§ Issue of Notices
§ Display of Notices
§ Timely submission of Returns.
§ Appeal
Offences & Penalties
Save as is otherwise expressly provided in this Act and subject to the provision of section 93, if in, or in respect of any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manger of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to One Lakh Rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued.
Friday, May 1, 2009
Provident Fund
EMPLOYEES' PROVIDENT FUND SCHEME 1952
Employee Definition:
"Employee" as defined in Section 2(f) of the Act means any person who is employee for wages in any kind of work manual or otherwise, in or in connection with the work of an establishment and who gets wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment.
Membership:
All the employees (including casual, part time, Daily wage contract etc.) other than an excluded employee are required to be enrolled as members of the fund the day, the Act comes into force in such establishment.
Basic Wages:
"Basic Wages" means all emoluments which are earned by employee while on duty or on leave or holiday with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash, but dose not include
a. The cash value of any food concession;
b. Any dearness allowance (that is to say, all cash payment by whatever name called paid to an employee on account of a rise in the cost of living), house rent allowance, overtime allowance, bonus, commission or any other allowance payable to the employee in respect of employment or of work done in such employment.
c. Any present made by the employer.
Excluded Employee:
"Exclude Employee" as defined under pare 2(f) of the Employees' Provident Fund Scheme means an employee who having been a member of the fund has withdraw the full amount of accumulation in the fund on retirement from service after attaining the age of 55 years; Or An employee, whose pay exceeds Rs. Five Thousand per month at the time, otherwise entitled to become a member of the fund.
Explanation:
'Pay' includes basic wages with dearness allowance, retaining allowance, (if any) and cash value of food concessions admissible thereon.
Employee Provident Fund Scheme:
Employees' Provident Fund Scheme takes care of following needs of the members: (i) Retirement (ii) Medical Care (iii) Housing(iv) Family obligation (v) Education of Children (vi) Financing of Insurance Polices
How the Employees' Provident Fund Scheme works:
As per amendment-dated 22.9.1997 in the Act, both the employees and employer contribute to the fund at the rate of 12% of the basic wages, dearness allowance and retaining allowance, if any, payable to employees per month. The rate of contribution is 10% in the case of following establishments:
· Any covered establishment with less then 20 employees, for establishments cover prior to 22.9.97.
· Any sick industrial company as defined in clause (O) of Sub-Section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 and which has been declared as such by the Board for Industrial and Financial Reconstruction,
· Any establishment which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth and
· Any establishment engaged in manufacturing of (a) jute (b) Breed (d) coir and (e) Guar gum Industries/ Factories. The contribution under the Employees' Provident Fund Scheme by the employee and employer will be as under with effect from 22.9.1997.
Employees' Provident Fund Interest rate:
The rate of interest is fixed by the Central Government in consultation with the Central Board of trustees, Employees' Provident Fund every year during March/April. The interest is credited to the members account on monthly running balance with effect from the last day in each year. The rate of interest for the year 1998-99 has been notified as 12%. The rate of interest for 99-2000 w.e.f. 1.7.'99 was 11% on monthly balances. 2000-2001 CBT recommended 10.25% to be notified by the Government.
Benefits:
A) A member of the provident fund can withdraw full amount at the credit in the fund on retirement from service after attaining the age of 55 year. Full amount in provident fund can also be withdraw by the member under the following circumstance:
· A member who has not attained the age of 55 year at the time of termination of service.
· A member is retired on account of permanent and total disablement due to bodily or mental infirmity.
· On migration from India for permanent settlement abroad or for taking employment abroad.
· In the case of mass or individual retrenchment.
B) In the case of the following contingencies, the payment of provident fund be made after complementing a continuous period of not less than two months immediately preceding the date on which the application for withdrawal is made by the member:
· Where employees of close establishment are transferred to other establishment, which is not covered under the Act:
· Where a member is discharged and is given retrenchment compensation under the Industrial Dispute Act, 1947.
Withdrawal before retirement:
A member can withdraw upto 90% of the amount of provident fund at credit after attaining the age of 54 years or within one year before actual retirement on superannuation whichever is later. Claim application in form 19 may be submitted to the concerned Provident Fund Office.
Accumulations of a deceased member:
Amount of Provident Fund at the credit of the deceased member is payable to nominees/ legal heirs. Claim application in form 20 may be submitted to the concerned Provident Fund Office.
Transfer of Provident Fund account:
Transfer of Provident Fund account from one region to other, from Exempted Provident Fund Trust to Unexempted Fund in a region and vice-versa can be done as per Scheme. Transfer Application in form 13 may be submitted to the concerned Provident Fund Office.
Nomination:
The member of Provident Fund shall make a declaration in Form 2, a nomination conferring the right to receive the amount that may stand to the credit in the fund in the event of death. The member may furnish the particulars concerning himself and his family. These particulars furnished by the member of Provident Fund in Form 2 will help the Organization in the building up the data bank for use in event of death of the member.
Annual Statement of account:
As soon as possible and after the close of each period of currency of contribution, annual statements of accounts will de sent to each member through of the factory or other establishment where the member was last employed. The statement of accounts in the fund will show the opening balance at the beginning of the period, amount contribution during the year, the total amount of interest credited at the end of the period or any withdrawal during the period and the closing balance at the end of the period. Member should satisfy themselves as to the correctness of the annual statement of accounts and any error should be brought through employer to the notice of the correctness Provident Fund Office within 6 months of the receipt of the statement.
Employee Definition:
"Employee" as defined in Section 2(f) of the Act means any person who is employee for wages in any kind of work manual or otherwise, in or in connection with the work of an establishment and who gets wages directly or indirectly from the employer and includes any person employed by or through a contractor in or in connection with the work of the establishment.
Membership:
All the employees (including casual, part time, Daily wage contract etc.) other than an excluded employee are required to be enrolled as members of the fund the day, the Act comes into force in such establishment.
Basic Wages:
"Basic Wages" means all emoluments which are earned by employee while on duty or on leave or holiday with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash, but dose not include
a. The cash value of any food concession;
b. Any dearness allowance (that is to say, all cash payment by whatever name called paid to an employee on account of a rise in the cost of living), house rent allowance, overtime allowance, bonus, commission or any other allowance payable to the employee in respect of employment or of work done in such employment.
c. Any present made by the employer.
Excluded Employee:
"Exclude Employee" as defined under pare 2(f) of the Employees' Provident Fund Scheme means an employee who having been a member of the fund has withdraw the full amount of accumulation in the fund on retirement from service after attaining the age of 55 years; Or An employee, whose pay exceeds Rs. Five Thousand per month at the time, otherwise entitled to become a member of the fund.
Explanation:
'Pay' includes basic wages with dearness allowance, retaining allowance, (if any) and cash value of food concessions admissible thereon.
Employee Provident Fund Scheme:
Employees' Provident Fund Scheme takes care of following needs of the members: (i) Retirement (ii) Medical Care (iii) Housing(iv) Family obligation (v) Education of Children (vi) Financing of Insurance Polices
How the Employees' Provident Fund Scheme works:
As per amendment-dated 22.9.1997 in the Act, both the employees and employer contribute to the fund at the rate of 12% of the basic wages, dearness allowance and retaining allowance, if any, payable to employees per month. The rate of contribution is 10% in the case of following establishments:
· Any covered establishment with less then 20 employees, for establishments cover prior to 22.9.97.
· Any sick industrial company as defined in clause (O) of Sub-Section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 and which has been declared as such by the Board for Industrial and Financial Reconstruction,
· Any establishment which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth and
· Any establishment engaged in manufacturing of (a) jute (b) Breed (d) coir and (e) Guar gum Industries/ Factories. The contribution under the Employees' Provident Fund Scheme by the employee and employer will be as under with effect from 22.9.1997.
Employees' Provident Fund Interest rate:
The rate of interest is fixed by the Central Government in consultation with the Central Board of trustees, Employees' Provident Fund every year during March/April. The interest is credited to the members account on monthly running balance with effect from the last day in each year. The rate of interest for the year 1998-99 has been notified as 12%. The rate of interest for 99-2000 w.e.f. 1.7.'99 was 11% on monthly balances. 2000-2001 CBT recommended 10.25% to be notified by the Government.
Benefits:
A) A member of the provident fund can withdraw full amount at the credit in the fund on retirement from service after attaining the age of 55 year. Full amount in provident fund can also be withdraw by the member under the following circumstance:
· A member who has not attained the age of 55 year at the time of termination of service.
· A member is retired on account of permanent and total disablement due to bodily or mental infirmity.
· On migration from India for permanent settlement abroad or for taking employment abroad.
· In the case of mass or individual retrenchment.
B) In the case of the following contingencies, the payment of provident fund be made after complementing a continuous period of not less than two months immediately preceding the date on which the application for withdrawal is made by the member:
· Where employees of close establishment are transferred to other establishment, which is not covered under the Act:
· Where a member is discharged and is given retrenchment compensation under the Industrial Dispute Act, 1947.
Withdrawal before retirement:
A member can withdraw upto 90% of the amount of provident fund at credit after attaining the age of 54 years or within one year before actual retirement on superannuation whichever is later. Claim application in form 19 may be submitted to the concerned Provident Fund Office.
Accumulations of a deceased member:
Amount of Provident Fund at the credit of the deceased member is payable to nominees/ legal heirs. Claim application in form 20 may be submitted to the concerned Provident Fund Office.
Transfer of Provident Fund account:
Transfer of Provident Fund account from one region to other, from Exempted Provident Fund Trust to Unexempted Fund in a region and vice-versa can be done as per Scheme. Transfer Application in form 13 may be submitted to the concerned Provident Fund Office.
Nomination:
The member of Provident Fund shall make a declaration in Form 2, a nomination conferring the right to receive the amount that may stand to the credit in the fund in the event of death. The member may furnish the particulars concerning himself and his family. These particulars furnished by the member of Provident Fund in Form 2 will help the Organization in the building up the data bank for use in event of death of the member.
Annual Statement of account:
As soon as possible and after the close of each period of currency of contribution, annual statements of accounts will de sent to each member through of the factory or other establishment where the member was last employed. The statement of accounts in the fund will show the opening balance at the beginning of the period, amount contribution during the year, the total amount of interest credited at the end of the period or any withdrawal during the period and the closing balance at the end of the period. Member should satisfy themselves as to the correctness of the annual statement of accounts and any error should be brought through employer to the notice of the correctness Provident Fund Office within 6 months of the receipt of the statement.
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