1 introduction to staffing

Chapter Outline
Staffing
Staffing Organizations
Staffing Models and Strategy
Legal Compliance
2

Staffing Model
 Defining “staffing”
“the process of acquiring, deploying, and
retaining, a workforce of sufficient quantity and
quality to create positive impacts on the
organization’s effectiveness”
Acquiring: external staffing, new blood
Deploying: internal staffing (promotion, transfer)
Retention: turnover, compensation, etc.

 Can “good” staffing lead to better organizational
effectiveness?
Yes, strongly supported by research findings
Youndt et al., (1996, Academy of Management Journal)
– Selectivity +ve  organizational performance
Greer et al. (2001, Journal of Business Research)
– Countercyclical hiring +ve  organizational performance 2
years later
Russell (2001, Journal of Applied Psychology)
– Using the effective selection system used by a Fortune 500
organization resulted in more profits.

The Big Picture
 Organizations are combinations of physical, financial,
and human capital
 Human capital
 Knowledge, skills and abilities of people
 Their motivation to do the job
 Scope of human capital
 An average organization’s employee cost (wages or
salaries and benefits) is over 25% of its total revenue
 Organizations that capitalize on human capital have a
strategic advantage over their competitors
1-5

Staffing Model: The Basic Model
Staffing = counting
Considering quantity but not quality
The simplest model

Staffing Model:
The person/job match model
Staffing = counting + the person-job match
Job characteristics x individual characteristics
– Designers: create new items
» Creative, imaginative
– Social workers: help people with problems
» Empathetic, not selfish
– Researchers: discover new knowledge
» Hardworking, curious to knowledge

Person/Job Match
Job
Requirements
Rewards
Person
KSAOs
Motivation
Match
HR Outcomes
Attraction
Performance
Retention
Attendance
Satisfaction
Other
Impact
Knowledge, Skills, Abilities, and Other characteristics

Staffing Model:
The person/organization match model
Staffing = counting + the person-job
match
Job characteristics
x
individual characteristics
x
organizational contexts
–Organization values, culture, career development

Person/Organization Match
Job
Requirements
Rewards
Person
KSAOs
Motivation
Match
HR Outcomes
Attraction
Performance
Retention
Attendance
Satisfaction
Other
Impact
Organization
Values
New Job
Duties
Multiple
Jobs
Future
Jobs

Concepts: Person/Organization
Match Model
 Organizational culture and values
 Norms of desirable attitudes and behaviors for employees
 New job duties
 Tasks that may be added to target job over time
 “And other duties as assigned . . . “
 Multiple jobs
 Flexibility concerns - Hiring people who could perform
multiple jobs
 Future jobs
 Long-term matches during employment relationship
1-11

Staffing System Components
1-12
Applicant
(person)
Organization
(job)
Recruitment
(identification and attraction)
Selection
(assessment and evaluation)
Employment
(decision making and final match)

Staffing Model:
Staffing Organizations Model
Strategic Human Resource Management
Organizational Strategy  HR (Staffing) strategy
Staffing becomes part of the overall organization strategy
Core staffing activities are carefully “regulated” to match the organization
strategy

Components of Staffing - Organizations
Model
 Organizational strategy
 Mission and vision
 Goals and objectives
 HR strategy
 Involves key decisions about size
and type of workforce to be
Acquired
Trained
Managed
Rewarded
Retained
 May flow from organizational strategy
 May directly influence formulation of organization
strategy
1-14

Continued..
 Staffing strategy
 An outgrowth of the interplay between organization and
HR strategy
 Involves key decisions regarding acquisition, deployment,
and retention of organization’s workforce
Guide development of recruitment, selection, and employment
programs
 Support activities
 Serve as foundation for conduct of core staffing activities
 Core staffing activities
 Focus on recruitment, selection, and employment of
workforce
 Staffing and retention system management 1-15

Staffing Strategy
Staffing Strategy
Staffing Levels:
Getting sufficient
no. of staff
Staffing Quality:
Getting qualified
staff

What is Staffing Strategy?
 Definition
Requires making key decisions about acquisition,
deployment, and retention of a company’s
workforce
 Involves making 13 key decisions
 Decisions focus on two areas
Staffing levels
Staffing quality
1-17

Staffing Levels
Acquire or develop talent
Lag or lead system
External or internal hiring
Core or flexible workforce
Hire or retain
National or Global
Attract or relocate
Overstaff or understaff
Hire or acquire

Staffing Quality
Person/job or person/organization match
Specific or General KSAOs
Knowledge, Skills, Abilities, and Other characteristics
Exceptional or Acceptable Workforce Quality
Active or passive diversity

The Employment Relationship
 Employer-employee
 Most prevalent form of employment relationship
 Involves an agreement between employer and employee
on terms and conditions of employment
Results in an employment contract
 Independent contractors
 Are not considered employees, in a legal sense, of
employer
 Temporary employees
 Do not have special legal stature
2-21

Ex. 2.1: Matching Process, Employment Contract,
and Employment Process
2-22

Laws and Regulations
 Need for laws and regulations
 Balance of power
 Protection of employees
 Protection of employers
 Sources of Laws and Regulations
 Common law
 Constitutional law
 Statutory law
 Executive order
 Agencies
2-23

Ex 1.8: Suggestions for Ethical Staffing
Practice
 Represent the organization’s interests.
 Beware of conflicts of interest.
 Remember the job applicant.
 Follow staffing policies and procedures.
 Know and follow the law.
 Consult professional codes of conduct.
 Shape effective practice with research results.
 Seek ethics advice.
 Be aware of an organization’s ethical climate/culture
1-24

FOREIGN DIRECT INVESTMENT
 India today allows investment in mostly all sectors and
remains one of the most attractive emerging markets.
 A foreign investor whilst making investment in India has
to make itself aware of the complex labour laws in India.
The Indian labour laws place considerable restrictions on
the freedom of an employer to reduce work force,
dismiss its employees, close down factory etc.
 In order to understand the degrees of Employment /
Labour & Industrial law it would be pertinent to
differentiate between the law applicable to executive &
management (white collar ) job and workmen (blue
collar) job.

Knowledge of Law provisions …
LABOUR LAWS
• Apprentice Act 1961
• Contract Act 1872
• Contract Regulation & Abolition Act 1970
• Employees Provident Fund Act 1952
• Factories Act 1948
• Industrial Dispute Act 1947
• Industrial Standing Order Act 1946
• Minimum Wages Act 1948
• MRTP(Monopolistic and Restrictive Trade Practice under
MRTP Act, 1969)
• Payment of Wages Act 1936
• Payment of Gratuity Act 1972
• Trade Union Act 1926
• Workmen’s Compensation Act 1923

Knowledge of Law provisions …
BUSINESS LAWS
•
• Companies Act 1956
• Income Tax Act 1948
• Air Pollution Act 1981
• Water Pollution Act
• Bombay Sales Tax Act 1959
• Central Sales Tax Act
• Central Excise Act 1944
• Custom Act 1944
• Consumer Protection Act 1986
• Essential Commodities Act 1955
• Environmental (Protection) Act 1986
• Monopolies & Restrictive Trade Practices Act 1969
• Foreign Exchange Regulation Act 1973

SOME IMPORTANT LABOUR LAWS APPLICABLE
TO WORKMEN
In India several labour laws regulate various conditions of work, wages, service,
labour relations and other such related matters and for the present presentation we
will discuss the complex labour laws in the Organized sector in India. Some of the
relevant laws which are discussed here are as follows:
 The Industrial Disputes Act, 1947;
 The Factories Act, 1948;
 Shops and Establishment Acts of various states;
 The Contract Labour (Regulation and Abolition) Act, 1970;
 The Trade Unions Act, 1926;
 The Workmen’s Compensation Act, 1923;
 The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952;
 The Employees’ State Insurance Act, 1948;

THE INDUSTRIAL DISPUTES ACT, 1947
(IDA)
 IDA - is an Act to make provision and settlement of
Industrial Disputes with the objective to maintain industrial
peace and economic justice.
 IDA categories employees into workman and non-
workman.
 Section 2 (s) of IDA defines workman.
 “Workman” means any person employed in any industry to
carry out manual, skilled and unskilled, technical,
operational, clerical or supervisory work for hire or reward.
 The definition specifically excludes – persons employed in
managerial or administrative capacity and also those
persons (otherwise falling within the definition of workman)

An Act to provide for the payment by certain classes of employers to the
workmen of compensation for injury by accident.
 Employer is liable to pay compensation to the employee in case of injury
arising out of and in the course of his employment.
 The liability to pay compensation is independent of any neglect or wrongful
act of the employee.
 However, employer shall not be liable if injury does not exceed 3 days or the
workmen was under influence of drugs/alcohol, willful disobedience of rules
and safety guards.
 Workmen shall be deemed to have been injured in case of contracting
occupational disease in the course of his employment.
 The Schedules under the Act detail the amount of compensation for different
type of injuries.
 Provides for one-time payments in case of death and in case of permanent
disablement, compensation is made depending on the percentage of loss of
earning capacity.
 Once an employee elects to file proceedings under this Act he cannot file
civil suit for damages thus the Employer is protected from double
proceedings.
THE WORKMEN’S COMPENSATION ACT, 1923

TRADE UNIONS ACT, 1926
This Act provides for the registration of Trade Unions and in certain
respects to define the law relating to registered Trade Unions
 Seven or more persons can get together to form a Trade Union.
 In order for the Trade Union to register it has to have at least ten
percent or one hundred of the workmen which ever is less as its
members.
 Section 9 - On registration the Registrar will issue a Certificate of
Registration.
 Section 19 – agreement between members will not be void or
voidable merely by reason that the object of the agreement
amounts to restraint of trade.

FACTORIES ACT , 1948
 Employers are required to follow stringent licensing and safety measures.
 Factory is defined as a place where ‘manufacturing process’ is carried out using 10
workers using electrical power or 20 workers without power.
 ‘Manufacturing process’ also includes petrol pumps, retail workshops, handicraft
industries etc.
 Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added
making disclosures mandatory for hazardous processes.
 The working hours, leave , weekly days off and wages are similar to Shop and
Establishment Acts- this is discussed later herein.
 Under the Act the “occupier “ is responsible for all compliances and in the case of an
incorporated company the Director on the board of the company must be designated
for the purpose of an “occupier”. Failing which all directors could become liable.

SHOPS AND ESTABLISHMENT
 In India most States have a legislation (Shop and Establishments Act) in place
which regulate aspects such as working hours, leave with pay, overtime etc.
 Shop and Establishments Act apply to shops, commercial establishments,
banks, insurance companies, hotels, restaurants, software companies and other
service providers. However, they do not apply to factories as Factories Act,
1948 governs that conditions.
 The establishment are required to register in each city under the Act. Some of
the salient features is discussed herein of Bombay Shop and Establishment Act,
1948 (“BSA”) which are akin to the enactment of other States.
 Working hours for 48 hours per week spread over 6 days is permitted.
Overtime payment is made at the double normal hourly rate.
 Employee who has worked minimum 240 days will become eligible for 21 days
paid leave and employee is not allowed to accumulate more than 42 days leave.
 BSA also has provisions regarding toilets, hygiene etc. and makes provisions for
maternity benefits etc.

THE CONTRACT LABOUR (REGULATION AND
ABOLITION) ACT, 1970
 An Act to regulate employment of contract labour in certain establishments
and to provide for its abolition in certain circumstances and for matters
connected therewith
 Allows Employers (principal Employers) to use Contractors for supply of
labour.
 It applies to establishments employing twenty or more persons.
 It does not apply to establishments where nature of work is intermittent or
casual.
 Principal Employer as well as the Contractor have to register themselves.
 The Contractor has to provide amenities and facilities which include
canteens, rest-rooms, first-aid facilities etc.
 In case the Contractor fails to provide the facilities the Principal Employer
will have to provide the same and adjust and recover the expense from the
Contractor.
 Both the Principal Employer and the Contractor have to maintain Registers
and Records of the Contract Labour employed.
 The appropriate Government in consultation with the Central and State
Board can prohibit employment of contract labour in any process, operation
and establishment- if it is of the view that it is perennial in nature, the work
can be carried out by regular workmen.

WORKMAN V/S NON-WORKMAN
 The Labour can be broadly classified in two main categories i.e. unorganized
sector and organized sector.
 Unorganized sector includes small establishments and employment
relationships of irregular duration and not regulated by any of the labour laws.
For e.g. Artisans, petty shopkeepers, hawkers etc.
 Organized sector is identified by specified/fixed operating conditions laid down
by various labour law.
 Workman derives certain rights and benefits from the various labour and
industrial laws in India.
 Non-workman is defined as employees carrying out managerial and
administrative work and their terms of employment is essentially derived from
the contract drawn up between the Company.

NON-WORKMAN IN PRIVATE SECTOR
 Primarily, none of the Labour Laws apply to non-workmen and
service condition of such employees are governed by the
respective contracts and general service conditions (if existing).
 In case of termination, courts cannot reinstate the Employee.
 Employee only has recourse for damages.
 Courts in India are conservative in awarding damages and
punitive damages are rarely awarded.

SOCIAL SECURITY LEGISLATIONS
The Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952 (EPFA).
 EPFA applies to establishments and factory employing 20 or more
persons.
 Employee drawing salary upto Rs.6,500/- per month has to become
member of the provident fund.
 EPFA in provident fund scheme provides wherein 12% is contributed by
both the employee and the employer with administration charge of 1.5%.
 In Pension/Superannuation fund scheme a part of the contribution to the
provident fund (8.33%) is diverted to this scheme.
 The Deposit Linked Insurance Fund Scheme is for providing Life
Insurance benefits. The employer contributes 0.5% and 0.01% towards
administrative cost of the basic wages.

………CONTD
The Payment of Gratuity Act, 1972
 It applies to factories, mine, oilfield, plantation, port , railway,
Shops and Establishments employing ten or more persons.
 Applicable to employees who have rendered continuous service
for five years.
 Employees with less than five years will be entitled in case of
death or disablement.
 Employer has to pay within 30 days from the date it becomes
payable to the employee.
 Total amount of gratuity payable shall not exceed Rs.3,50,000/-
to 10 Lakhs unless there is a contract to the contrary.
 Compulsory insurance is necessary towards gratuity from Life
Insurance Corporation, unless employer exempted from the
Government.
 Gratuity is calculated at the rate of 15 days wages for every
completed year of service or a part thereof exceeding six
months.

………CONTD
The Employees’ State Insurance Act, 1948
 The contribution under this Act of an employee comprises of
contribution payable by the employer and the employee.
 Presently every insured employee and his employer have to
pay the Employees State Insurance Corporation at the rate of
1.75% and 4.75% respectively of the wage of the employee.
 Under the Act, the employer is liable to pay compensation to
workmen incapacitated due to an accident arising out and in the
course of employment.

VOLUNTARY RETIREMENT SCHEME (VRS)
 VRS is also popularly known as ‘golden handshake’.
 Allows industrial establishments to shed work force without
contravening labour laws.
 In the nature of self induced retrenchment and is a legal
way to downsize.
 In M&A allows companies to downsize the target
company, however in preparation of the VRS certain
technicalities are involved.
 VRS payment is generally based on years of service.
 At the same time the company cannot compel the workers
to accept VRS and it has to apply uniformly and cannot be
applied selectively.

NON-COMPETITION AND PROTECTION OF
CONFIDENTIAL INFORMATION
 Under section 27 of the Indian Contract Act, 1872 an agreement which is in
restraint of trade is considered as void.
 However, the courts are loathe to problems faced by the employers and have
recognized the need to protect confidential information. The Supreme Court in
the case of Niranjan Shankar Golikari v. Century Spg. & Mfg. Co. Ltd. reported
in AIR 1967 SC 1098 held that when an employee for a term binds himself not
to take employment during that term it will not be hit by section 27 and
restrained the employee from serving anywhere else for the duration of the
agreement.
 The Indian courts have in cases of “non-compete clause” in employment
agreement differentiated them as in during the term and after the term of
employment.
 Terms which restrict employment after the expiry of the agreement the courts
have applied the ‘reasonableness’ test and the view has been that the livelihood
cannot be taken away and therefore would be hit by section 27.

WHEN TERMINATION OF EMPLOYMENT IS
ILLEGAL IN LAW
 Workmen get protected under various legislations in India. Under section
9A of IDA it becomes difficult to vary the terms and conditions of the
workman.
 It will be illegal to retrench and lay off if statutory conditions are not
fulfilled and prescribed compensation is not paid to the workmen.
 In certain cases Appropriate Government’s prior permission is also
required.
 Termination of employees not workmen will be governed by the terms of
their appointment letter / employment contract and follows, any
termination not as per their contract may be construed to be illegal.

DRAFTING OF EMPLOYMENT CONTRACTS FOR COMPANIES SETTING
UP OPERATIONS IN INDIA
 Identify the long term requirement of employees.
 Identifying the workmen and employees not covered under definition of workmen,
respectively.
 Local laws of the State should be borne in mind while drawing up the contracts
 Issue appointment letters which clearly define the employment terms and conditions.
 Employment contracts, where necessary, should be put in place with clauses for wages,
benefits, non-compete, confidentiality, term, termination etc.
 Depending on the requirement, use fixed term contracts for workmen.
 The terms and conditions of the employment should be clearly explained to employees
before execution and should be drafted without any ambiguity.

FIXED TERM CONTRACTS- SECTION 2(OO) (BB)
 It applies to workmen under a contract for fixed term and termination of such
workmen would not amount to retrenchment.
 The Supreme Court in the case of Harmohinder Singh v kharagh canteen, Ambala
reported in (2001) 5 SCC 540 has held that an employee’s services could be
terminated on the basis of a stipulation in his contract fixing a particular tenure
or period beyond which the employee would be discharged.
 The Supreme Court in the case of Morinda Co-operative Sugar Mills v Ram Krishna
reported in (1995) 5 SCC 653 has held that seasonal workers by their nature of
employment would be covered under section 2(oo) (bb).
 Recently, the Supreme Court in the case of Kishor Chandra Samal v Divisional
Manager, Orissa State Cashew Development Corporation, reported in JT 2005 (10) SC
46 has held that even if there were repeated contracts issued for successive
terms spread over several years, so long as each contract was for a fixed
period, section 2(OO) (bb) would apply, and termination of employment would
stand excluded from the definition of “retrenchment”.

FIXED TERM CONTRACTS- SECTION 2(OO) (BB)
 It applies to workmen under a contract for fixed term and
termination of such workmen would not amount to
retrenchment.
 The Supreme Court in the case of Harmohinder Singh v kharagh
canteen, Ambala reported in (2001) 5 SCC 540 has held that an
employee’s services could be terminated on the basis of a
stipulation in his contract fixing a particular tenure or period
beyond which the employee would be discharged.
 The Supreme Court in the case of Morinda Co-operative Sugar Mills
v Ram Krishna reported in (1995) 5 SCC 653 has held that seasonal
workers by their nature of employment would be covered under
section 2(oo) (bb).
 Recently, the Supreme Court in the case of Kishor Chandra Samal
v Divisional Manager, Orissa State Cashew Development Corporation,
reported in JT 2005 (10) SC 46 has held that even if there were
repeated contracts issued for successive terms spread over
several years, so long as each contract was for a fixed period,
section 2(OO) (bb) would apply, and termination of employment
would stand excluded from the definition of “retrenchment”.

LAY-OFF AND RETRENCHMENT OF WORKMAN IN
PRIVATE SECTOR
 Section 2 (kkk) defines “lay-off” the failure of the employer to
provide employment due to shortage of raw material, power etc.
but who has not been retrenched.
 Section 2 (oo) defines “retrenchment” as termination of a
workman for any reason whatsoever otherwise than voluntary
retirement, reaching age of superannuation, non renewal of
contract or termination due to continued ill-health.
 Section 2 (oo) (bb) – provides for termination of the service of a
workman as a result of the non-renewal of the contract of
employment between the employer and the workman
concerned on its expiry or of such contract being terminated
under a stipulation in that behalf contained therein.

CHAPTER VA AND VB OF IDA WITH REFERENCE TO LAY-OFF,
RETRENCHMENT, TRANSFER AND CLOSURE
 Chapter VA applies to industrial establishment - in which less than fifty workmen on
an average working day have been employed in the preceding calendar month and
which are seasonal in character.
 Section 25C- A workman laid-off under this Chapter is entitled to fifty percent of his
basic wages and dearness allowance.
 The workman who has been in continuous service for at least one year (a year being
defined as 240 days of actual work) is terminated, covered under chapter VA, the
conditions listed below will have to be fulfilled.
 Section 25F- Workman cannot be retrenched unless the employer has complied with
– (i) giving one months notice in writing, (ii) paid compensation equivalent to 15 days
average pay (for every completed year of continuous service) or any part thereof in
excess of six months and (iii) notice in the prescribed manner to the appropriate
Government.

CHAPTER V B CONTD.
 Chapter VB applies to industrial establishment in which not less than
one hundred workmen were employed on an average per working
day for the preceding twelve months.
 Section 25M – Prohibits the employer to lay- off except with the prior
permission of the appropriate Government unless it is due to the
shortage of power or due to natural calamity.
 Section 25N – No workman to which this chapter applies can be
retrenched until the employer (i) has given three months notice in
writing with reasons for retrenchment and (ii) prior permission has
been obtained from the appropriate Government (‘specified
authority”).
 An extremely compelling case has to be made out in the application
to the appropriate Government, but even so the Government rarely
grants this permission.

TRANSFER AND CLOSURE
 Section 25FF- provides for transfer of an undertaking , whether by
agreement or operation of law, in which case workmen are entitled to
compensation as if the workman had been retrenched.
 The transferee of the undertaking is not bound to take the employees.
 The transferor is only bound to compensate the workman as if he is deemed
to be retrenched

……. CLOSURE – CHAPTER VB
 Section 25-O provides the procedure for closure.
 An employer intending to close the undertaking has to take at
least 90 days’ prior permission of the appropriate Government.
 If the appropriate Government does not communicate within 60
days, permission will be deemed to have been granted.
 On permission being granted, workman will be entitled to
receive compensation which shall be equivalent to fifteen days’
average pay for every completed year of service or any part
thereof in excess of 6 months.

EMERGING TRENDS IN LABOUR LAW IN INDIA
 There is a change in the mind-set of the courts and it is being
seen that the courts are interpreting laws more liberally that is
providing the employer more flexibility.
 Several amendments are on the anvil which will give the
freedom to the employers by not being required to make an
employee permanent, even if the employee has completed 240
days.
 Labour laws in the Special Economic Zone (SEZ) are to be
amended substantially with amendment in the Contract Labour
(Regulation and Abolition) Act, 1970 which will allow the
employers to follow a hire and fire policy under certain
conditions.

CONTRACT REGULATION & ABOLITION ACT
1936
Under Section 7, Registration of Establishment is necessary wherein
the labours are employed under contracts. All contractors are
expected to get the license under the provisions of section 12 of
this Act.
Application for such licenses are to be submitted along with the
Certificate from principal employer. This application for license
contains details like details of work, expected dates of
commencement & completion, Maximum number of labours
proposed to be deployed.
Under Rule 81, Principal Employer is expected to submit returns
within 15 days of the commencement of work or completion of
work under each contractor in form VI-B. and to send the annual
report/ return in Form-XXV before 15th February.

The authorised supervisor executing The work has to perform
statutory duties of examining following documents
• Muster Roll in Form XVII
• Register of Wages in Form XVIII
• Register of Deductions in Form XX
• Register of Fines in Form XXI
• Register of Advances in Form XXII
• Register of Overtime in Form XXIII
• Wages slip to be given in Form XIX
All these documents are to be maintained by the contractors
under Rule 78. By virtue of sections 16 to 19, the Principal
Employer has to provide facilities for the Welfare of contract
labours like Canteen, Rest Rooms, Other facilities and First
Aid facilities. Responsibility for payment of wages to
Labours rests on Principal Employer u/s 21.

The Principal Employer has to maintain
following records
 Rule 74 : Register of Contractors in Form XII
 Rule 75 : Register of Person Employed in Form XIII
 Rule 76 : Employment Card/Form XIV, Contractor to
issue
 Rule 77 : Service Certificate in Form XV
 Rule 79 : To display Abstract of Act.
 Chapter VI: Penalties and Procedure
 Section 22 : Obstruction to Inspectors [3 months/Rs 500]
 Section 23 : Contravention of provisions [6 months/Rs
1000]
 Section 24 : Other Offences [8 months/Rs 1000 & Rs 100
per day]
 Section 25 : Offences by Companies
 Section 26 : Cognizance of offences
 Section 27 : Limitation [3 months]

MINIMUM WAGES ACT 1948
 CHAPTER I : Fixing Minimum wages for specified
employees under provisions of section 3,4 & 5.
 CHAPTER II : Procedure for Revision of rates.
 CHAPTER III : Constitution of Advisory Board & Committees
under section 7, 8 & 9
 CHAPTER IV : Fixing Hours for normal working days under
section 13
 CHAPTER V : Maintenance of registers and records
 CHAPTER VI : Provision related to Claims & Penalties

WORKMENS’ COMPENSATION ACT 1926
 CHAPTER I : Definition part
 CHAPTER II : Provisions regarding
Compensation
 CHAPTER III : Various authorities
under Act, their powers
& procedures
 CHAPTER VI : State Govt’s power
to make rules

INDUSTRIAL DISPUTE ACT 1947
 CHAPTER I : EXTENT AND DEFINITIONS- It contains important
definitions of Employer, Industrial disputes, Layoffs, Lockouts, Public
Utility Company, Retrenchment, Unfair Labour Practice
 CHAPTER II : Section 3 to 9 - Authorities under the Act: Works
ommittee, Conciliation Officer, Board of Conciliation, Labour Courts,
Industrial Courts, Industrial Tribunal, National Tribunal
 CHAPTER III : Reference of Dispute, Notice under section 22 &
Voluntary Reference of Disputes
 CHAPTER IV : Section 11 to 21 Powers & Duties
 CHAPTER V : Section 22 to 25 : Strikes & Lockouts
 CHAPTER VA : Section 25 A to J Layouts & Retrenchment
 CHAPTER VB : Section 26 to 31 Misc Provisions

FACTORIES ACT 1948
 CHAPTER I : Preliminaries
 CHAPTER II : The Inspecting Staff
 CHAPTER III : HEALTH: S.11-Cleanliness, S.12-Disposal of waste,
S.13-entilation/Temp., S.14-Dust & fumes, S.16-Overcrowding, S.17-
Lighting, S.18-Drinking Water, S.19-Latrines/Urinals, S.20-Spittons etc
 CHAPTER IV: SAFETY: S.21- Fencing, S-22- Work near
machinery in motion, S.23- Employment of young person, S.24-
Striking Gear, S.25- Self acting m/c, S.26- Casing of new m/c, S.28-
Hoist & Lifts, S.29-Lifting m/cs, chains, ropes & lifting tackles, S.31-
Pressure Plants, S.32-Floors, stairs, S.33-Pits, sumps, opening in
floors, S.34 - Excessive weights, S.35-Protection to Eyes, S.36A-
Portable electric lights, S.40A-Maint. Of buildings, S.40B-Safety
Officers

FACTORIES ACT 1948
 CHAPTER IVA: Provisions regarding Hazardous
Process
 CHAPTER V : WELFARE: S.42-Washing Facilities,
S.44- sitting facilities, S.45-First Aid
appliances,S.46 Canteens, S.47- Rest
rooms & Lunch rooms, S.48- Creches
 CHAPTER VI : WORKING HOURS OF ADULTS
Sections 51 to 66
 CHAPTER VII: EMPLOYMENTS OF YOUNG
PERSONS
 CHAPTER VIII: ANNUAL LEAVE WITH WAGES
 CHAPTER IX:SPECIAL PROVISIONS
 CHAPTER X :PENAULTIES & PROCEDURES

ACCIDENT REPORTING …..
Under IE Act: To Electrical Inspector in Form XIII in 48 hrs
Under Factories Act: To Factory Inspector in 48 hrs
Under Indian Boiler Act: To Boiler Inspector in 24 hrs
Under Petroleum Act Nearest Magistrate & Inspector of
Explosives
Under Indian Explosives Act : To Chief Inspector of Explosives

GUILTY OF NEGLIGENCE….. IN
Indian Panel Code : IPC
 GROSS NEGLIGENCE
 CONTRIBUTORY NEGLIGENCE
 RESPONSIBILITY/ DUTY TO MANAGE
 INJURY RESULTED
 INTENTION OF WRONG DOER
 RIGHT TO INITIATE ACTION

Protection of Engineers
Section 80 of Civil Procedure Code: No suit shall be
instituted against a public servant in respect of any
act purporting to be done in his official capacity until
expiration of two months next after notice in writing.
Similar provision exist in IE Act sec. 56
MSEB employee is public servant as per Sec.81 of IE Act
1910.

1 introduction to staffing

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1 introduction to staffing