Shri. Devendra Fadnavis Hon. Chief Minister, Maharashtra State
Shri. Eknath Shinde Hon. Deputy Chief Minister, Maharashtra State
Shri. Ajit Pawar Hon. Deputy Chief Minister, Maharashtra State
Shri. Akash Fundkar Minister (Labour)
Shri. Ashish Jaiswal State Minister (Labour)
Smt. I. A. Kundan (IAS) Pri. Secretary Labour Dept.
Dr. H. P. Tummod (IAS) Commissioner of Labour
Mahakamgar is a Maharashtra state government initiative to cater the needs of the people of Maharashtra and provides complete awareness of the Labour Management System.
Labour Management System provides various Acts implemented by Commissioner of Labour and the details of Onlines Services under each Act are listed below
The Industrial Dispute Act, 1947 makes provision for the investigation and settlement of Industrial Disputes, and for certain other purposes. Where as it is expedient to make provision for the investigation and settlement of industrial disputes. Under this Act, the parties themselves can file join applications (to be signed by the Employer and the Union representing the majority of workmen or legally Recognized Union) to refer any dispute to adjudication under section 10(2) of the Act or to opt for voluntary arbitration under section 10-A of the Industrial Disputes Act, 1947 by following the procedure laid down therein.
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute
Any aggrieved workmen can raise the dispute befor the consultantion officer.
Process: Rough Pictorial View
Means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person.
25M - LayOff: No workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment in which 100 or more workmen are employed shall be laid-off by his employer except with the prior permission of the appropriate Government or authority.
No workman employed in any industrial establishment in which 100 or more employees, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until the prior permission of the appropriate Government or the specified authority has been obtained on an application made in this behalf
This Act applies to certain specified industries like textiles, co-operation banking, sugar, power generation in Mumbai, BEST, etc. Under this Act, there are provisions for registration of unions as a ‘representative union’ which is the sole bargaining agent of employees under this Act for the particular industry in specified local area. Statutory machinery is also provided under this Act to resolve industrial disputes through negotiations with the sole bargaining agent, conciliation or voluntary or compulsory arbitration by Labour Courts, Industrial Courts or Wages Boards. An individual employee can also take direct recourse to the arbitration machinery under the Act i.e. the Labour Court to resolve the dispute to termination etc. of his services.
The Trade Union Act, 1926 provides for registration and cancellation of unions. It also defines law relating to registered trade Union.
Any seven members of Trade Union can apply for registration of the union under the Trade Union Act, 1926, provided total no. of members in union shall be 10% or 100 of workman whichever is less engaged/employed in establishment or industry and form a Trade Union. The employers can also form their own Association/Unions under the Act, which can be registered by the Registrar for the purpose mentioned above. The registration of a Trade Union may be cancelled by the Registrar, among other, if he is satisfied that any trade union has contravened the provisions of the Trade Union Act, including submission of Returns, prescribed thereunder.
Registered Trade Union gets civil and criminal immunities for any Acts dons by it or its office-bearers or members thereof in furtherance of a trade dispute, provided the Acts and not illegal under any low.
Any member of a registered trade union for a period of not less than 6 months can, with the consent of the Registrar and by following the procedure laid down under the Act refer to the Industrial Count any of the following disputes for decision
Emphasis of the Act is an encouraging organization of worker into store tread union and collective for settlement of industrial dispute.
Any seven or more members of a Trade Union may, apply for registration of the Trade Union under this Act, 1926
Any Trade Union member or any person can initiate complaint against Trade Union and office bearers before the Registrar.
In case of change in Name of the Trade Union the office bearers shall intimate the same to the Registrar.
In case of change in Address of the Trade Union the office bearers shall intimate the same to the Registrar.
In case of Amendment, the office bearers shall intimate the same to the Registrar.
In case of Amalgamation, the office bearers shall intimate the same to the Registrar.
In case of Disolution, the office bearers shall intimate the same to the Registrar.
A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar on the application of the Trade Union, or if the Registrar is satisfied that the certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist.
The provisions of the Act are applicable in Maharashtra State on Industrial Establishment, as Defined in the Act and employing 50 or more employees. The Employer of such an Industrial Establishment is under an obligation to follow the Model Standing Orders under the Act, till he obtains Certified Standing Order under the Act from the Competent Authority (Deputy Commissioner of Labour) to suit the local requirements of his Establishment. For this he has to follow the procedure laid down under the Act. Such Standing Orders are also settled under the Bombay Industrial Relations Act, 1946, pending which the Model Standing Orders framed for the industry are discipline in an Industrial establishment, which help in eliminating many industrial disputes.
The Minimum Wages Act, provides for prescribing the minimum rates of wages payable to the employees employed in Scheduled Employment as enumerated in the Schedule to the Act. It also provides maintenance of records and registers and hours of work overtime, etc., in the interest of the workers. It provides penalty for the non-payment of Minimum rates of wages and non-maintenance of records. It also specifies Authorities for filing claim application for non-payment or less payment of minimum rates of wages under the Act.
An Act to provide for fixing minimum rates of wages in certain employments WHEREAS it is expedient to provide for fixing minimum rates of wages in certain employments
The Payment of Wages Act, 1936 is a central legislation which applies to the persons employed in the factories and to persons employed in industrial or other establishments specified in sub-clauses (a) to (g) of clause (ii) of section 2 of this Act.
This Act has been enacted with the intention of ensuring timely payment of wages to the workers and for payment of wages without unauthorized deductions. The salary in factories / establishments employing less than 1000 workers is required to be paid by 7th of every month and in other cases by 10th day of every month. A worker, who either has not been paid wages in time or an unauthorized deductions have been made from his / her wages, can file a Claim either directly or through a Trade Union or through an Inspector under this Act, before with the Authority appointed under the Payment of Wages Act. The power for hearing and deciding Claims under this Act has been vested at present with the Presiding Officer of a Labour Court.
You may be aware that the Bill to amend Minimum Wages Act 1948 & Payment of Wages Act 1936 is passed by Maharashtra Legislature in April 2010 for mandatory payment of wages through Bank and cheques to all labourers in the organised and unorganised sector.
This Act provides for the payment of equal pay for equal work for both man and woman. It also provides for the prevention of discrimination in payment of wages on the ground of sex against women in the matter of employment and for the matter commented therewith or incidental thereto.
This Act imposes a Statutory obligation on all employers employing 10 or more workers in their factories or establishments in Maharashtra State to pay bonus to the employees at the minimum rate of 8.33 percent or up-to 20 percent subject to the formula laid down in the Act. The Act applies to factories or establishment from the year they start making profits or from the sixth year onwards whichever is earlier. It provides for payment of bonus linked with a scheme of 'set on' and 'set off'. It also provides for a scheme of bonus linked with productivity subject to a minimum of 8.33 percent. It further provides for machinery for enforcement of the liability for payment of bonus. Any person (other than an Apprentices) employed on a salary not exceeding Rs. 7, 500 per month, is entitled to bonus. An employee’s drawing wages above Rs. 3,500 are, however, entitled to bonus, as if his salary id Rs. 3.500 per month. An employee, who is dismissed for fraud, riotous or violent behavior on the premises of the establishment, theft, misappropriation or sabotage of any property of the establishment is disqualified from receipt of bonus, under the Act. A minimum service of 30 day work in one accounting year is a necessity for eligibility of bonus under the Act.
All amounts payable to an employee by way of bonus under this Act shall be paid in cash by his employer within a period of eight months from the close of the accounting year: Provided that the appropriate Government may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fits.
The Act aims clearly at prohibiting the employment of children below 14 years of age. It specifically prohibits the employment of all childrenunder the age 14 in specified hazardous occupations and processes. It prohibits employment of children in 16 occupations and 65 processes considered hazardous to the health and psyche of the child. The Act also regulates industries where children are permitted to be employed and has put strong penalties for employers flouting the law with monetary fines and punishment such as imprisonment. Family units and training centers are not included in the purview of the Act. Penalty for violation of the Act could range from three months to one year of imprisionment with a fine of Rs. 10,000/- to 20,000/-
The Act amis clearly at prohibiting the employment of children below 14 years of age as per the Section 3 of the Act. It specifically prohibits the employment of all children under the age 14 in specified hazardous occupations and processes. It prohibits employment of children in 16 occupations and 65 processes considered hazardous to the health and psyche of the child. The Act also regulates industries where children are permitted to be employed and has put into place strong penalties for tmployers floating the law with monetary fines and punishment such imprisonment. Family units and training centers are not included in the purview of the Act. Penalty for violation of the Act could range from three months to one year of imprisionment with a fine of Rs. 10,000/- to 20,000/- For Rehabilitation of Child Labour in 15 distrcts National Child Labour Project is undertaken in the Maharashtra state
The Maharashtra Shops and Establishments (Regulation of Employment and Condition of Service) Act 2017, which replaces the Maharashtra Shops and Establishments Act 1948, came into effect from 7 December 2017.
The act introduces significant reforms for the employment conditions of the workers in the areas particularly related to the time of operation, overtime, holidays and leave, welfare, health and safety of the workers. In line with the Equal Remuneration Act, 1976, this act brings the provision of no discrimination for women workers in matters like recruitment, promotion, training or transfer. The act has introduced facilitators who have dual roles; the main function being advising the employers and the workers towards a better compliance of the act and the inspection of the Establishments. Also, instead of inspection at any reasonable time based on the discretion of the labour authorities, inspections are allocated randomly through online portal.
In order to ensure Ease of doing Business the Labour Department, Government of Maharashtra, has simplified the process of issuing the registration certificate of shops and establishment under this act. Establishments employing 10 or more employees need to obtain the registration certificate (online) which will be valid for a lifetime. The Department has abolished the provisions for renewals which needed to be done from time to time. The firms employing less than 10 workers only need to intimate about the commencement of their shops/ establishments.
The Labour Department, Government of Maharashtra, has also issued a GR (Dated 28/02/2020) regarding the issuance of registration certificate within a Single day from the date of receipt of application.
Any citizen who wishes to open new shop or a commercial establishment wants to commence its business within the jurisdiction of Government of Maharashtra, has to register itself under The Bombay Shops and Commercial Establishment Act, 1948.
(from application submission to application approval )
If there is any change in the Certificate in form D, the Employer has to intimate the Inspector in the form "E".
Every employer has to apply for Renewal of Registration Certificate within 15 days of expiry of existing Registration Certificate in form B.
(from application submission to application approval )
Any Employer can apply to the state government for seeking exemption under various provisions of the Act.
The employer shall, within ten days on his closing the establishment, notify to the Inspector in writing. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate.
This Act provides for identification, release and rehabilitation of bounded labour. This act constitutes a part of the Government of India's 20-point programmer.
At present, as par the decision taken in the Meeting of the Secretaries, Home, Revenue and Forests Department and Industries, Energy and Labour Department by the then Chief Secretary, Maharashtra on 30th June 1981, the work of identification of bonded labour has been entrusted to the Labour Department, while the work relating to relief and rehabilitation of freed bonded labour has been assigned to the Revenue and Forests Department. This arrangement result in bottle-neck in the work of the Act, for want of proper co-ordination between the two Departments recently, the thinking in this behalf in the Government of India is that the entire work connected with the implementation of this Act should rest in one Department only. This itself casts the responsibility of enforcement of the Act on the District Magistrates, who are under the control be most appropriate if the present arrangement of handling the work of identification of bonded labour which is presently with the Labour Department and that of the work of rehabilitation of the freed bonded labour, which id currently with the Revenue and Forests Department should be changed and the entire work of this Act is entrusted to the Revenue and Forests Department. This is for the approval of Government.
Bonded Labour is Prohibited.
Any person can file complaints against employers engaging Bonded Labour to Collectorate / Labour Commissionerate
This Act provides for the welfare of the worker of the employed in Beedi and Cigar Establishments. It regulates the conditions of work and provisions are made regarding of other facilities like drinking water, latrines, urinals, washing facilities, creaches, first-aid and canteens. It also safeguards the interest of the Beedi ‘Home Workers’ to the extent possible.
Any person who intends to use or allows to be used any place or premises as industrial premises shall make an application in writing to the competent authority, in such form and on payment of such fees as may be prescribed.
A licence granted under this section shall not be valid beyond the financial year in which it is granted but may be renewed from financial year to financial year, an application for the renewal of a licence granted under this Act shall be made at least thirty days before the expiry of the period thereof.
The employee discharged, dismissed or retrenched may appeal to authority and within time as may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer or on the ground that such punishment of discharge or dismissal was severe.
Any employee can file complaint under rule 3, 4 & 5 against the employer.
It is an Act to regulate the employment of the Contract Labour in certain establishments and to provide for its abolition in certian circumstances and for the matters connected therewith. It applies to every establishment in which 20 or more contract labour are employed and to every contractor who employs 20 or more labour.
In order to ensure ‘Ease of doing Business’ the Government of Maharashtra has simplified the process of issuing the licence to the contractor under The Contract Labour (Regulation & Abolition) Act, 1970.
Accordingly the Labour Department of Government of Maharashtra has issued Notification dated 01.06.2015 regarding issuance of the Licence and renewal of Licence to the contractor under The Contract Labour (Regulation & Abolition) Act, 1970 within seven working days from the date of receipt of the application.
If the Licence is not issued within the said seven working days, it shall be deemed to have been granted
Any Employer engaging 20 or more than 20 contract labour has to obtain Registration Certification within 15 days.
(from application submission to application approval )
If there is any chage in the Registration Certificate the principal employer has to intimat the registering officer with in 15 days.
(from application submission to application approval)
Any Contractor engaging 20 or more than 20 labour has to obtain License within 30 days.
(from application submission to application approval)
Every Contractor has to apply for the Renewal of the License with 60 days before the expiry of the same..
(from application submission to application approval)
After completion of the contract work the contractor may apply for the Refund of the Security deposit
An Act as enacted to regulate the employment and condition of service of building and other construction workers and provide for them safety, health and welfare measures and or other matters connected therewith. Act applies every establishment witch employees or employed on any day of the processing 12 months, ten or more building construction workers in any building or other construction works. This Act is applicable to every construction work costing more than Rs 10 lakh (excluding land cost)
The Government of Maharashtra has framed the Rules viz. The Maharashtra Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Rules, 2007 vids Notification dated 5th February 2007. Has constituted the BOCW Board on 1 May 2011.
If the construction cost is more than 10 lakh (excluding land cost) the employer has to obtain Registration Certificate.
(from application submission to application approval )
If there is any change regarding the strength of the employees and extension of period for completion of the work. the employer has to intimate to the Registering Authority
(from application submission to application approval)
This Act defines the working Journalists, non Working Journalists and Other Newspaper Establishments and it provisions for their service conditions like fixation of wages and payment of gratuity, taking into conditions like fixation of wages and payment of gratuity, taking into consideration, the special conditions under which the working Journalists amd Non- Working Journalists are required to work.
In the Stare of Maharashtra there are about 153 Newspaper establishments. These Newspaper establishments employ about 2694 Working Journalist and about 6702 Non- Working Journalists employees.
This Act defines the Sales Promotion Employees in an establishment engaged in pharmaceutical industry or the Sales Promotion Employees in an establishment engaged in pharmaceutical industry or in any notified industry. It provides for issue of appointment letter to the Sales Promotion Employees and Maintenance of Registers. It also provides for hours of work and leave on Medical grounds to the Sales Promotion Employees.
This Act regulates the appointment of Inter-State Migrant Workers and provides for their conditions of service and for matters connected therewith, it also provides for appointment of Registering Officer, registration of certain establishments, prohibition against employment of Inter-State Migrant Workers without registration and appointment of Licensing Authority. It also provides for wages-rates and other conditions of service for Inter-State Migrant Workers.
This Act is applicable to every establishment who engage 5 or more than 5 migrant workers
If there is any change regarding the strength of the employees and extension of period for completion of the work. the employer has to intimate to the Registering Authority
This Act is applicable to every establishment who engage 10 or more than 10 employees.
This Act provides for a Scheme for payment of gratuity to employees engaged in factories, shop or other establishments etc. An employee, who completes not less than 5 years continuous services continuous services except in the case of death becomes eligible to receive gratuity at the rate of 15 days wages for every completed year of services. The amount of gratuity, payable under Act is not is liable to attachment in execution of any decree or order of any civil, revenue and criminal court. This Act also provides for a mode for recovery of gratuity by the employees for his employer.
If the employer fail to pay the Gratuity employee can file an application in Form N for direction to the controling authority.
The employee may file an application for the recovery of gratuity amount in form T in case the employer fails to pay the amount after the direction given by the controlling authority.
The employee/ employer may file an appeal against the order of the controlling authority
Maharashtra Government has issued a notification on 26th December 1990 whereby the provisions of Maharashtra Worker men’s Minimum House Rent Allowance Act 1913 have been made applicable to all the establishments who are engaging 50 or more than 50 employees in the State.
The Act provides for Payment of Minimum House Rent Allowance to industrial workers in the State at the rate of Rs. 20 or 5 per cent of the total wages. The Act is applicable to factories / establishments employing 50 or more workmen. The provision of the Act, are made effective from 2st January 1991.
The object of this Act is to protect the Motor Transport Workers form being subjected to unduly long hours of labour and strain, It provides for certain amenities, like welfare facilities, medical facilities, first-aid, limitation of hours of work on each day and week, spread over, weekly rest, wages and over-time wages, annual leave with wages, etc. It is applicable to public motor transport establishments employing 5 or more motor transport workers who are not covered by the Factories Act or the Bombay Shops and Establishments Act.
Any public motor transport under taking engaging 5 or more employees has to obtain Registration Certificate
On expiry the Registration Certificate the employer has apply for Renewal within prescribed time.
The Collection of Statistics Act, 1953 empowers the appropriate Government to collect statistics on matters relating to industries, trade and commerce. Labour statistics on matters relating to industries, trade and commerce. Labour statistics on important items like wages and other allowances, hour of work, attendance, living conditions including housing, water supply and sanitation benefits, amenities provided for labour and industries and labour disputes, labour turnover are collected under this Act.
The Labour Commissionerate has taken speedy steps to implement the provisions of the right to Information Act, 2005. Appointments of Asst. Public Information Officers, State Public Information Officers and Appellate Authorities have been made.
Any citizen of India, on an application with a Court Fee stamp of Rs. 10/- may obtain necessary information. If the information is not furnished within 30 days, or if the information is not sufficient or misleading then the person aggrieved by the decision of the Information Officer may prefer to an appeal; before the Appellate Authority on an application with Court fee stamp of Rs. 20/- within 30 days from the receipt of such information.
A second appeal against the decision given by the Appellate Authority can be made before the Chief Information Commissioner of the state, situated at the 13 floor, New Administrative Building, Mantralaya, Mumbai within 9 days.
In the view of the larger intrest of employee government has made it mandatory to take No Objection Certificate from Commissioner of Labour regarding the payment of Legal Dues before any development, sale and transfer of property of the closed Factories / Companies / mills.
To obtain No Objection Certificate employer has to apply in prescribed form.
Welcome to Mahakamgar. We shall help you to register your Factory online using Mahakamgar.
Sr. No. | Title | Download |
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1 | Application for Grant of License | (62 KB) |
2 | Declaration for Grant of License | (125 KB) |
Welcome to Mahakamgar. We shall help you to get your Factory License Renewal online using Mahakamgar.
In Case of Limited/Private Limited Company
In case of Partnership Firm
Application will be processed as per the provisions of the Rule 8 of the Maharashtra Factories Rules 1963..
Welcome to Mahakamgar . We shall help you to get your Factory License Amendment online using Mahakamgar.
In Case of Public Limited Company
In case of Partnership Firm
Application will be processed as per the provisions of the Rule 7 of the Maharashtra Factories Rules 1963..
We shall help you to get your Factory License Suspension online using Mahakamgar.
Application will be processed as per the provisions of the Rule 13 of the Maharashtra Factories Rules 1963.
Welcome to Mahakamgar. We shall help you to Closure of Factory online using Mahakamgar.
Where the department official is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirement is inappropriate or is not reasonably practicable, they may by order in writing exempt the factory or the part thereof, or description of workroom or process from such requirement to such extent and subject to such conditions as they may specify.
In case the normal working hours are exceeded beyond the working hours as per rule. The applicant can apply for Exemption under Section 51, 54, & 56 of the Factories Act, 1948 for overtime in the factory. The Form needs to be filled and send to the department along with the required documents for the process.
Sr. No. | Title | Download |
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Required filling Form | ||
1 | Exemption under 51-54-56 (Overtime) | (43 KB) |
2 | Exemption under 66-1-B (Female OT) | (35 KB) |
3 | Exemption under 71-B (Trailor Pump) | (35 KB) |
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