Madhya Pradesh updates labour laws: All you need to know about what has changed

Madhya Pradesh, on May 7, notified amendments allowing concessions for a period of 1,000 days to help industries meet labour requirements during the coronavirus pandemic.

The concessions are aimed at helping industries “get back on their feet” amid the coronavirus pandemic, economic slowdown, lockdown and labour shortage.

Here is all you need to know about what has changed. Amendments in Labour Laws are listed as follows:

Amendment in the Industrial Disputes Act 1947

> The minimum number of workmen in the industrial establishment is increased from 100 to 300 workmen.

> In case of lay-off, a workman will be given three months’ notice in writing specifying the reasons for retrenchment and the notice period has expired. Otherwise, the workman has been paid wages for the period of the notice.

> In case of lay-off, a workman must receive compensation corresponding to 15 days' average pay for every completed year of continuous service or any part thereof in excess of six months; or an amount equivalent to his three months’ average pay, whichever is higher.

Amendments in the Factories Act 1948

> A male adult worker has been allowed to work in a factory for more than 48 hours in a week subject to the following:

- The total number of hours of work in any day will not exceed twelve;

- The spread over, inclusive of intervals for rest, will not exceed thirteen hours in any one day;

- The total number of hours of work in any week, including overtime, shall not exceed sixty;

> No worker will be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed one hundred and twenty five;

- Such overtime work shall not be made compulsory or obligatory for any worker.

> The state government may, by order, specify conditions for ensuring safety for women who are required or allowed to work in any factory or manufacturing process between the hours of 8 PM and 6 AM.

> Entitlement, regarding ‘Annual leave with wages’, for the worker who has worked for a period of 180 days or more in a factory during a calendar year.

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Amendment in the Contract Labour (Regulation & Abolition) Act, 1970

> Provision of deemed registration if the registering officer fails to pass an order either granting or refusing or objecting to grant or amend the registration within a period of 30 days after submission of an application complete in all respects.

> Provision of duly licensed if the registering officer fails to pass an order either granting or refusing or objecting to grant or renew or amend the registration within a period of 30 days after submission of an application complete in all respects.

Amendment in the Building and Other Construction Workers Welfare Cess Act, 1996

> The state government, by notification, may exclude cost on purchase and transportation of plant and machinery to be used in a factory and such other costs from the cost of construction incurred by an employer.

> An employer aggrieved by an order of assessment made under Section 5 or by an order imposing penalty under Section 9, may appeal to the appellate authority against the said order in such manner as prescribed.

Amendment in the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

> The registration deemed to be duly granted, if no adverse order is passed within the prescribed time from the date of submission of application.

Amendment in the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

> The registration deemed to be duly granted, if no adverse order is passed within thirty days from the date of submission of application.

Amendment in the Motor Transport Workers Act, 1961

> The registration deemed to be duly granted, if no adverse order is passed within thirty days from the date of submission of application.

Part IX of The Madhya Pradesh Labour Laws (Amendment) and Miscellaneous Provisions Act, 2015

> Composition of offences under Certain Labour Laws (5 Acts).

- An officer can compound any offence punishable with fine under these Acts committed for the first time or after expiry of two years’ period of the previous offence, on realization of composition fee as prescribed.

- An officer can compound any offence punishable with fine and imprisonment up to three months under these Acts committed for the first time, either before or after institution of the prosecution, on realization of composition fee as prescribed.

Part X of The Madhya Pradesh Labour Laws (Amendment) and Miscellaneous Provisions Act, 2015

> Exempt from maintaining multiple registers and submission of multiple returns under Certain Labour Laws (13 Acts).

> The state government, by order, notify forms for maintaining registers and records and furnishing returns by an employer/establishments in lieu of the forms prescribed under the said 13 Acts.

In a video conference on May 7, Madhya Pradesh Chief Minister Shivraj Chouhan said the aim was to generate employment and encourage industrial activity, and "convert the challenges of a distressed economy into opportunities".

He added that the state is looking to attract and invite firms from across the world, who want to relocate. "The changes, with workers’ rights kept in mind, became necessary as investors were stuck in a web of laws and red-tapism,” Chouhan said.