Labour Department

About department

The department is concerned for the welfare of the labourers who have been working other than the government sector. The Labour department has been working as per the labour laws, wherein Quasi-judiciary powers and Inspections powers will be discharged for the maintenance of peace and tranquillity among the employers and employees.

Activities of Department : Quasi judiciary powers and inspections powers for the welfare of labourers who have been working in organized and unorganized sectors.

Objectives:

1. Maintenance of Industrial peace.
2. Ensuring wages, safety, welfare, working hours, weekly & other holidays, leave,, bonus and gratuity etc. for workers.
3. Promotion of welfare and social security of workers by implementation of schemes.

Functions (General):

1. Maintenance of harmonious Industrial relations by resolving industrial disputes and facilitation of fair wage settlements through conciliation and adjudication.
2. Promotion of Welfare and Social Security of workers by implementation of schemes of A.P. Building and Other Construction Workers welfare Board, A.P. Labour Welfare Board and A.P. State Social Security Board for Unorganized Workers .
3. Securing safety, welfare, specified working hours, weekly and other holidays, leave, appointment letters, identity cards etc. to the workers by implementation of 22 Central and 4 State Acts.
4. Fixation, revision and ensuring payment of Minimum Wages to the workers in 73 Scheduled Employments.
5. Settlement of claims for wages, Employees’ Compensation, Gratuity, Bonus etc., for workers through summary quasi-judicial proceedings.
6. Registration and Licensing of Establishments and collection of labour welfare fund.
• Registration of Trade Unions.
• Rescue and release of child labour.
• Certification of Standing Orders for Industries.
• Assessment and collection of Cess from construction works.
• Registration of building and other construction workers.
• Registration of unorganized workers.

Functions (Statutory):

1. Labour Acts implementation.
2. Conciliation under Industrial Disputes Act.
3. Quasi-judicial under Minimum Wages Act, Payment of Wages Act, Equal Remuneration Act, Payment of Gratuity Act, Shops and Establishments Act and Employees Compensation Act
4. Registration of Trade Unions.
5. Registering/Licensing of Shops, Establishments.
6. Certification of Standing Orders.
7. Collection and assessment of Cess from construction works.
8. Registration of building and other construction workers and unorganized workers.

Main Activities of the Department

1. Conciliation:

   The Industrial Disputes Act, 1947 provides machinery for settlement of industrial disputes through conciliation and adjudication. The thrust of Conciliation is to avert strikes, lockouts and other work stoppages and thereby promote harmony and industrial peace. The Officers from the cadre of Asst. Commissioner of Labour to Commissioner of Labour have been notified as conciliation officers under Industrial Disputes Act, 1947. They take up industrial disputes existing or apprehended and resolve through facilitation of negotiations between the workers and managements. The disputes remained not resolved in conciliation would be referred to Industrial Tribunals/Labour Courts for adjudication. The Industrial tribunal cum Labour Courts are functioning in Hyderabad.

2. Quasi-Judicial Activities:

The Officers of Labour Department from Asst. Commissioner of Labour to Commissioner of Labour have been notified as Quasi-Judicial Authorities under various labour Acts for expeditious settlement of claims for wages, gratuity and compensation etc. and reinstatement in service in Shops & Establishments. The important quasi-judicial authorities are authority under Minimum Wages Act, Commissioner for employees’ compensation under Employees Compensation Act, Controlling Authority under Payment of Gratuity Act and Authorities under Shops and Establishments Act.

3. Implementation of Welfare and Social Security Schemes:

• The Labour Welfare Board: Established under A.P. Labour Welfare Fund Act, 1987. The Board formulates welfare schemes and
  are implemented by the labour department. Workers in Factories, Shops and Establishments, Motor Transport Undertakings, Societies
  and Trusts are covered. The main source of fund is contribution Rs.7/- per worker per year, unclaimed wages, other sources of income
  like building rent and grants made by the Government. The Asst. Commissioners of Labour receive applications and settle claims
  under the/schemes
• The Building and Other Construction Workers Welfare Board: Established in 2009 under Building and other Construction Workers (RE&CS) Act, 1996. The Board formulates and are implemented by the labour department for the building and other construction workers. The source of fund is cess levied on cost of building and other construction works, 1% cost of construction.
  The Board registers the building and other construction workers as beneficiaries and extends benefits under the Schemes through Labour Department. The Deputy Commissioners of Labour settles the claims and release benefits under the schemes.
• The State Social Security Board for Unorganized Workers: is being constituted under the Unorganized Workers Social Security Act, 2008 for formulation and implementation of schemes for unorganized workers
4. Inspections and Prosecutions: The officers of the department have been notified as inspectors under labour Acts and statutory inspections taken up in accordance with rationalized and systematized inspection procedure to ensure safety, welfare and conditions of service of workers. Prosecutions are initiated on serious violations.
5. Registration and Licensing: Establishments are Registered/ Licensed and renewed under respective Acts like A.P. Shops & Establishments. Act, Motor Transport Workers Act, Building and Other Construction Workers Act, Beedi & Cigar Workers Act, Contract Labour Act, Inter State Migrant Workmen Act etc. Trade Unions are registered under Trade Unions Act. Building and other construction workers are registered as beneficiaries. Officers from Asst. Labour Officer to Commissioner of Labour have been notified as registering/licensing officers.
6. Implementation of Minimum Wages: Under the Minimum Wages Act, 1948, minimum wages are fixed on the basis of basic survival needs of the workers and their families and revised once in five years. Cost of living allowance (VDA) is notified once in six months effective 1st April and 1st October. Minimum wages have been notified for 73 scheduled employments including 65 industry related employments and 8 agriculture and allied employments. Minimum Wages have been fixed on the recommendations of the State Minimum Wages Advisory Board/Committees. The Officers of the department who have been notified as inspectors file claims before the authorities for difference in wages in case of payment of less wages noticed on inspections/complaints. The officers of the department are notified as Authorities to hear and settle the claims expeditiously by summary proceedings.
7. Employees Compensation: The Officers from Asst. Commissioner of Labour to Commissioner of Labour have been notified as Commissioners for Employees Compensation under the Employees Compensation Act, 1923. The Asst. Commissioners of Labour and Dy. Commissioners of Labour hear claims and award compensation in cases of accidental death or disability occurred in the course of employment. The Commissioners also apportion the amount of compensation among the dependents of the deceased workers and secure the apportioned compensation in case of minors and legally disable persons, in fixed deposits.
8. Elimination of Child Labour : The Department enforces the Child Labour (Prohibition & Regulation) Act, 1986 and other child labour laws towards elimination of child labour. State Action Plan for elimination of child labour prepared in 2009 has been revised in 2013 in the wake of Right to Education Act, 2009. The action plan aims at total elimination of child labour in the State. Institutional mechanism like State Level Monitoring Committee, State Resource Centre and District Resource Centre has been established and detailed strategies are envisaged. Child labour tracking is done through a web enabled application. The main approach of the department is regular enforcement drives along with publicity. As per the directions of the Supreme Court child labour rehabilitation-cum-welfare fund is collected towards welfare of the children rescued from hazardous employments.
9. Activities under other Important Acts:
• Payment of Wages Act, 1936: An Act to regulate payment of wages without delay and Illegal deductions.
• Shops and Establishments Act, 1988 : Registration and Renewal of Shops and Establishments, Regulation of Service Conditions of the Employees working in Shops and Establishments viz. working hours, holidays, leave, Welfare, safety and health measures etc
• Contract Labour(Regulation and Abolition) Act, 1970: Registration of Principal employers and Licensing of Contractors – Regulation of Service Conditions of the Contract Employees viz. wages, working hours, holidays, leave, Welfare and health measures etc.
• Inter State Migrant Workmen(ROE&COS) Act, 1979: Registration of Principal employers and Licensing of Contractors engaging Inter State Migrant Workmen and regulation of their service conditions viz. wages, working hours, holidays, leave, welfare and health measures etc
• Industrial Employment(Standing Orders) Act, 1946: Certification of Standing Orders of all establishments having 50 or more employees. Standing Orders specify certain service conditions of the employees viz. classification of employees, shift working, attendance, leave procedure, termination, transfer etc.
• Beedi and Cigar Workers(Conditions of Employment) Act, 1966: Provides for welfare of the workers in beedi and cigar establishments and regulation of their conditions of work etc. Establishments are required to be licensed and renewed every year.
• Payment of Bonus Act, 1965: Provides for payment of bonus to persons employed in Establishments having more than 10 employees. The minimum bonus is 8.33% and the maximum is 20%.
• Motor Transport Workers Act, 1961: Provides for regulation of conditions of Employment of Motor Transport Workers viz. hours of work, rest, leave, holidays, medical and welfare facilities etc
• Payment of Gratuity Act, 1972: Provides for payment of gratuity to the employees engaged in factories, mines, oil fields, plantations, ports, railway companies, shops and establishments and educational institutions and for compulsory insurance. Maximum gratuity is Rs.10 lakhs.
• Trade Unions’ Act,1926: Provides for Registration of Trade Unions and for regulation of their functioning.

List of Schemes implemented by department :

The Labour Welfare Board:

Established under A.P. Labour Welfare Fund Act, 1987. The Board formulates welfare schemes and are implemented by the labour department. Workers in Factories, Shops and Establishments, Motor Transport Undertakings, Societies and Trusts are covered. The main source of fund is contribution Rs.7/- per worker per year, unclaimed wages, other sources of income like building rent and grants made by the Government. The Asst. Commissioners of Labour receive applications and settle claims under the/schemes

The Building and Other Construction Workers Welfare Board:

Established in 2009 under Building and other Construction Workers (RE&CS) Act, 1996. The Board formulates and are implemented by the labour department for the building and other construction workers. The source of fund is cess levied on cost of building and other construction works, 1% cost of construction. The Board registers the building and other construction workers as beneficiaries and extends benefits under the Schemes through Labour Department. The Deputy Commissioners of Labour settles the claims and release benefits under the schemes.

The State Social Security Board for Unorganized Workers:

is being constituted under the Unorganized Workers Social Security Act, 2008 for formulation and implementation of schemes for unorganized workers.

Procedure for citizens to avail service (to apply online (mention URL) / off line provide application format to be uploaded on website):
www.labour.telanagna.gov.in

ACHIEVEMENT OF LABOUR DEPARTMENT