Labour Law Amendments At Glance - Year 2010

Labour Law Amendments At Glance - Year 2010

Workmen’s Compensation Act, 1923

The Act will now be called „The Employees‟ Compensation Act, 1923‟. The compensation under the Act has been enhanced from Rs. 80,000/- to Rs. 1,20,000/- in case of death. From Rs. 90,000/- to Rs. 1,40,000/- in case of disablement. Rs. 2500/- to Rs. 5000/- towards funeral expenses. The employee shall be reimbursed the actual treatment of injuries caused during the course of employment without any ceiling. A new section 25A has been added for the Commissioner to dispose the matter relating to compensation under this Act within a period of three months from date of reference. The wage ceiling limit for working out compensation has been increased from Rs. 4000/- to Rs. 8000/- per month. The Amendment Act was notified on 23.12.2009 and made effective from 18.01.2010.

Payment of Gratuity act, 1972

The Act has been amended to cover teachers in educational institutions in the Act. The Amendment Act was notified on 31.12.2009 and was made effective from 03.04.1997. The ceiling on gratuity has been enhanced from Rs. 3.5 lakh to Rs. 10 lakh. The Amendment Act was notified on 8.05.2010 and made effective from 24.05.2010.

Employees’ State Insurance Act, 1948

The Act has been amended to improve the quality of delivery of benefits under the scheme and also to enable ESI infrastructure to be used to provide health care to workers of unorganised sector. The Amendment Act was notified on 25.05.2010 and made effective from 01.06.2010.

The Plantation Labour Act, 1951

The Act has been amended to provide safety and occupational health care to plantation workers. The Amendment Act was notified on 18.05.2010 and made effective from 01.06.2010.

The Industrial Disputes Act, 1947

The wage ceiling enhanced from Rs. 1600/- to Rs.10,000/- per month to cover workmen working in supervisory capacity, and to provide direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of Section 2( a ) of the Act. The scope of qualifications of Presiding Officers of Labour Courts has been expanded. The Labour Court or Tribunal has been empowered to execute Grievance Redressal Machinery and the awards. The Amendment Act was notified on 19.8.2010 and made effective from 15.9.2010.