The legislation we map against each establishment, with the applicability criteria we use to decide which obligations apply to you.
9 act(s) listed
Contract Labour Act
Central
Contract Labour (Regulation and Abolition) Act, 1970
Act number
37 of 1970 of 1970
State
All India
Ministry
Ministry of Labour and Employment
Last amended
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Regulates the employment of contract labour. The principal employer must register the establishment, engage only licensed contractors, maintain registers of workmen and wages, provide canteen, rest rooms, drinking water and first-aid facilities, and pay wages where the contractor fails to. The Act also empowers prohibition of contract labour in specified processes.
Applicability: Applies to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour, and to every contractor who employs or employed twenty or more workmen. A state notification may extend it below the threshold for particular works.
Requires the employer to pay compensation for injury by accident arising out of and in the course of employment — temporary or permanent disablement, or death — calculated on the wage slab notified by the Central Government, and to report fatal accidents within seven days.
Applicability: Applies to every employer of persons employed in construction, railways, factories, mines, plantations and the other employments listed in the Schedules. Where the ESI Act applies to an employee, compensation under this Act is not payable for the same injury.
Employees' Provident Funds and Miscellaneous Provisions Act, 1952
Act number
19 of 1952 of 1952
State
All India
Ministry
Ministry of Labour and Employment
Last amended
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Provides compulsory provident fund, pension (EPS) and deposit-linked insurance (EDLI). The employer must register the establishment, enrol every eligible employee within one month of joining, remit monthly contributions by the 15th of the following month, and file the monthly electronic challan-cum-return (ECR).
Applicability: Applies to every establishment in which twenty or more persons are employed, and to any establishment covered by a notification irrespective of headcount. Once covered, the establishment remains covered even if employment later falls below the threshold. International workers are covered from the first day of employment.
Provides sickness, maternity, disablement and dependants' benefits, medical benefit and funeral expenses to insured persons and their families. The employer must obtain the 17-digit employer code, register employees within ten days of joining, pay contributions monthly and file the return of contributions.
Applicability: Applies to every factory using power in which ten or more persons are employed, and to every other establishment in which twenty or more persons are employed, in implemented areas — and to any establishment whose monthly wage bill makes it liable. Coverage extends to employees drawing wages up to the ceiling notified by the Central Government.
The principal law on occupational safety, health and welfare in factories: approval of building plans, licensing and registration, working hours and holidays, welfare amenities such as drinking water, canteens and creches, safety of machinery and hazardous processes, the safety committee and safety officer requirements, and the reporting of accidents, dangerous occurrences and occupational diseases.
Applicability: Applies to every premises where a manufacturing process is carried on with ten or more workers with the aid of power, or twenty or more workers without the aid of power. Approval of building plans, registration and a licence under the state Factory Rules are mandatory before the premises is occupied or the process is started.
Governs lay-off, retrenchment, closure and transfer of undertakings, defines unfair labour practices, and sets out the machinery for settling industrial disputes through works committees, conciliation, labour courts and industrial tribunals. A Grievance Redressal Committee is mandatory at establishments with twenty or more workmen.
Applicability: Applies to all industrial establishments with one or more workmen. The special provisions on lay-off, retrenchment and closure (sections 25K, 25M, 25N and 25-O) apply to establishments employing one hundred or more workmen on an average per working day in the preceding twelve months.
Provides twenty-six weeks' paid maternity leave for the first two children and twelve weeks for the third onwards, prenatal and postnatal care, medical bonus, nursing breaks, and — for establishments with fifty or more employees — a crèche facility. The 2017 amendment also introduced work-from-home where the nature of work permits.
Applicability: Applies to every establishment covered by the Factories Act, Mines Act and Plantations Labour Act and, after the 2017 amendment, to every establishment with ten or more employees, including shops and establishments.
Gratuity is payable on resignation, retirement, superannuation, disablement or death after five years of continuous service: fifteen days' wages for each completed year of service, computed on the last drawn basic pay plus dearness allowance, subject to the ceiling notified by the Central Government. It must be determined and paid within thirty days of falling due, and the employer must display the abstract of the Act.
Applicability: Applies to every factory, mine, oilfield, plantation, port, railway company, shop or other establishment in which ten or more persons are employed or were employed on any day of the preceding twelve months. Coverage continues even if the number of employees falls below ten.
Labour and Employment Department, Government of Tamil Nadu
Last amended
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Regulates opening and closing hours, daily and weekly working hours, rest intervals, overtime wages, leave with wages and the registration of the establishment within thirty days of commencement. The registration certificate must be displayed at the premises and the registers of employment and wages preserved for three years.
Applicability: Applies to every shop, commercial establishment, hotel, restaurant, theatre and place of public amusement in Tamil Nadu irrespective of headcount, with limited exemptions for establishments run by the owner's family and for categories notified by the Government.
