REGISTERS TO BE MAINTAINED UNDER FACTORIES ACT,1948

Forms Purpose

Form 5 - Certificate of fitness.
Form 10 - Over Time.
Form 11 - (Notice of periods of workers for adult worker
And children)
Form 29 - Particulars of rooms in the factory
Form 12 - Register of Adult Workers.
Form 15 - Register of Leaves.
Form 18 - Accident report / ESI
Form 26 - Accident Book.
Form 7I - Record of white washing & paintings.
Form 35 - Register of trained workers.
Form 36 - Register of lifting fitting clothes.
Form 37 - Register of lifting materials.
Form 38 - Report of examination of lifts and hoists.

Withdrawal of Provident Fund by overseas workers

Norms for withdrawal of provident fund by overseas workers employed in the country (Not having valid Social Security Agreement) until they are 58 years old or are incapacitated (permanent and total in capacity for work due to bodily or mental infirmity), has now been amended.
India has signed nearly 12 social security agreement but only two with Belgium and Germany are currently operational.

Indian workers are allowed to withdraw their PF balances under a number of circumstances, International workers will be only able to do so on retirement at 58 years against 55 years for local workers, according to the latest changes made through an amendment to the Employees’ Provident Funds Scheme, 1952.

However, in the case of permanent and total incapacity to work due to bodily or metal infirmity withdrawal will be allowed.

Overseas workers will need to keep their bank account in India till the refunds are received in such account.

Certain Related Terms under PF Act

An International worker
An International worker may be an Indian worker or a foreign national.
This means an Indian worker who has divided his/her career between India and another country with whom India has entered into a bilateral Social Security agreement or a foreign national working in India. (Para 2 ff)

An Excluded Employe’ under the provisions
A ‘detached worker’ posted in an establishment in India but contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India shall be an ‘excluded employee’ under these provisions. (Para 2 f)

A Detached Worker
An International worker, being not an Indian employee, contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India and exempt from making any contribution to the Indian system for the period and terms as set out in such an agreement is a ‘detached worker’ for the purpose of compliance under the Indian system. (Para 2 f)

A social security agreement (SSA)
A social security agreement is a bi-lateral instrument to protect the interests of the workers in the host country. It being a reciprocal arrangement generally provides for avoidance of no coverage or double coverage and equality of treatment with the host country workers

Status of the SSAs
As of today, Social security agreements have been signed with Belgium, France and Germany. But the date of entry into force is yet to be notified. Negotiations are at various stages with The Netherlands, Czech Republic, Hungary, Norway, Switzerland, Sweden, Luxembourg, USA and Australia. Government level talks are on with many other countries where sizable numbers of Indian workers are employed. Although not a formal agreement, there is a reciprocal arrangement between India and Korea to settle the claims of the employees on completion of employment in the host country

Important Norms of E.S.I. Act,1948

Wages ceiling up to Rs. 15000/- Gross P.M.
Employee Contribution - 1.75%
Employer Contribution - 4.75%
Monthly Challans along with amount shall be paid on or before 21st of every month.


Some Important Forms:

Form-01 Employers Register Form

Form-1 Declaration Form

Form-3 Return of declaration form

Form-1B Change in the family particulars

Form-6 Return of Contributions.

Form-16 Accident Reports.

ESIC-37 Certificate of re-employment/
Continuing employment.

Form-53 Application for change of dispensary.

ESIC-71 Wages/Contributory Record.

Form-72 Application for duplicate
Identity card.

Form-86 Certificate of employment
Issued to I.P.(Insured Person) by employer.

Form-105 Certificate of entitlement for
Medical treatment.


Form-7 List of employees (A separate Register should be maintained)
Form-15 Accident Book. (A separate Register should be maintained)

New Definition Of Factory as per ESI Amendment Act, 2010

New Definition of Factory

ESI Act has been amended by way of Gazette notification dated 25th May 2010 with effect from 1st June 2010.

"Factory" means any premises including the precincts thereof - whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;



Old Definition of Factory

“Factory” means any premises including the precincts thereof-
(a) whereon ten or more persons are employed or were employed FOR WAGES on any day of the preceding twelve 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
(b) whereon twenty or more persons are employed or were employed FOR WAGES on any day of the preceding twelve 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,
but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;

Omitted Words
FOR WAGES
with the aid of power
without the aid of power

Revised Wage ceiling under Employee's Compensation Act

Revised monthly wage limit for the Computation of maximum compensation under Employee’s Compensation Act, 1923.

With effect from 31st May 2010 monthly wage limit of Rs.4,000 has been revised as Rs.8000/- for the purpose of computation of Maximum compensation under the Act.

Amendment In Workmen’s Compensation Act, 1923

Workmen’s Compensation Act,1923 has been revised and named as Employees with enhanced compensation limits, Full medical expenses reimbursement, case disposal within 3 months, etc.
And the Act is also applicable to casual & clerical.

Gratuity (Amendment) 2010 with effect date

Ministry of Labour and Employment has published notification for effective date of Payment of Gratuity (Amendment) Act 2010.
This Amendment shall come into force with effect from 24th May 2010.

The Payment of Gratuity (Amendment) Act 2010: This Amendment Bill raises the ceiling of gratuity to be paid to an employee from the present level of Rs.3.5lakh to Rs.10lakh.