· What is an illegal Termination of Employment ?
Termination of Employment without the prior consent of the Workman
Termination of Employment without the prior written approval of the Commissioner of Labour
· What types of Termination can you Complain about ?
Termination of Employment without a reasonable cause
Termination of Employment after the closure of an institution
· Can you obtain relief for termination of employment done as a result of disciplinary action ?
No. In such an instance the assistance of the Labour Tribunal should be sought for
· What are the requirements to be complied before a workman makes a complain ?
He should be engaged in a scheduled employment
Fifteen workmen should have been in employment within the 06 months prior to the termination of employment
The workman should have reported to work for at least 180 days
· Can the complain be made on any day after the termination ?
No. The Complain should be made before the 06 months after the termination of employment
· Can a Trade Union make the complain on behalf of the workman ?
The workman should forward the complain himself with his signature
· Can a Trade Union represent the workman at the inquiry ?
Yes. A Trade Union can represent its members
· What are the powers vested on the Commissioner of Labour regarding an unreasonable termination of Employment ?
Reinstatement of the workman in employment with back wages
Issue an Order to pay compensation
· If you are an Employer what sort of relief would you have ?
You can make an application for a temporary layoff of employment in a situation where are the establishment faces a temporary crisis
You can make an application to terminate excess workmen
You can make an application to terminate the employment of workmen in the closure of an institution
· Who are the workmen covered by this Act ? (Scheduled Employment)
Workers who come under the wages Boards Ordinance
Shop Workmen
Office Workmen
Factory Workmen
- What is meant by Maternity Benefits ?
Maternity Benefits are leave entitlement with pay by women workers who delivered a child.
- What are leave a women worker could be received for her confinement?
(i) Any women worker who has no child or one child is entitled for twelve weeks maternity leave for her confinement.
(ii) Any women worker who has two or more children, is entitled for six weeks maternity leave for her confinement.
(iii) If the confinement does not result in the issue of live child, such women is entitled for six weeks maternity leave for her confinement.
- What are the maternity leave entitlement for women workers under Shop & Office Employees Act ?
(i) Any women worker who has no child or one child is entitled for 84 days maternity leave for her confinement.
(ii) Any women worker has two or more children is entitled for 42 days maternity leave for her confinement.
(iii) If the confinement does not result in the issue of live child, such women is entitled for 42 days maternity leave for her confinement.
- Who is entitled for feeding intervals ?
Only women workers covered by the Maternity Benefits Ordinance are entitled for feeding intervals. Women workers covered by the Shop and Office Employees Act are not entitled for feeding intervals.
Under Maternity Benefits Ordinance Employers should allow the women worker two feeding intervals not less than hour during the period of nine hours.
If employer provide suitable place for feeding the child the period for feeding is not less than thirty minuts.
- To whom is this Act applied ?
This Act is applied to;
(i) Children under the age of 14 years
(ii) Young persons between the ages 14 - 18 years
(iii) Any women worker employed in industrial undertakings
- Under what conditions an employer could employee women at night ?
An employer could employee women at night subjected to following conditions.
(i) No women shall be complied to work at night against her will.
(ii) Written sanction of the commissioner of Labour should be obtained by every employer, prior to the employment by him of women to work after 10 p.m. at night.
(iii) No women who has been employed during the hours of 6 a.m. and 6 p.m. shall be employed after 10 p.m. on any day.
(iv) Every women who works at night shall be in receipt of a payment of not less than one and a half times of the normal payment received by her.
(v) There shall be appointed female wardens to see the welfare of women workers who work at night.
(vi) Every women worker working at night shall be provided with rest rooms and refreshments by the employer.
(vii) No women shall be employed for more than ten days on night work during any one month.
(a) With reference to the employment of women, night means at least eleven consecutive hours including the period between 10 p.m. and 5 a.m.
- What are the conditions for employing children ?
(i) No child under the age of 14 years shall be employed in any occupation.
- What are the sanctions for employing children ?
When a child is employed the employer shall be guilty of offence and convicted after summary trial before a magistrate be liable to a fine not exceeding ten thousand rupees or imprisonment for a period not exceeding twelve months or both such fine and imprisonment.
In addition, the court may order to pay compensation determined by the court to the victim child.
