Untitled Document

Objectives:

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

Functions :-

General

Statutory

  • Maintenance of harmonious Industrial relations by resolution of industrial disputes and facilitation of fair wage settlements through conciliation and adjudication.
  • 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 .
  • Securing to the workers, safety, welfare, specified working hours, weekly and other holidays, leave,  appointment letters, identity cards etc., by implementation  of  22 Central and 4 State Acts.
  • Fixation, revision and ensuring payment of Minimum Wages to the workers in          73 Scheduled Employments.
  • Settlement of claims for wages, Employees’ Compensation, Gratuity, Bonus etc., for workers through summary quasi-judicial proceedings.
  • 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.
  • Inspections under Labour Acts.
  • Conciliation under Industrial Disputes Act.
  • Quasi-judicial functions under Minimum Wages Act, Payment of Wages Act, Equal Remuneration Act, Payment of Gratuity Act, AP Shops and Establishments Act and Employees Compensation Act.
  • Registration of Trade Unions.
  • Registering/Licensing of Shops, Establishments.
  • Certification of Standing Orders.
  • Collection and assessment of Cess from construction works.
  • Registration of building and other construction workers and unorganized workers.

 

 

Main activities of the Department:

 

  • 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 from Visakhapatnam, Guntur and Ananthapur.
  • Quasi-Judicial activities: The Officers of Labour Department from Asst. Commissioner of Labour to Commissioner of Labour have been notified as Quasi-JudicialAuthorities 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 A.P. Shops and Establishments Act.     

 

  • Implementation of welfare and social security schemes:
  • The A.P. Labour Welfare Board formulates welfare schemes for the contributor workers and the schemes are implemented by the labour department. 
    • The 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 A.P. Building and Other Construction Workers Welfare Board was constituted in 2007 for formulation and implementation of welfare schemes for the building and other construction workers. 
    • The source of fund is cess levied on cost of building and other construction works @ of 1%.   
    • 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 settle the claims and release benefits under the schemes.

 

  • 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 is one of the core functions of the department to ensure safety, welfare and conditions of service of workers. 
    • Prosecutions are initiated on serious violations. 

 

  • A.P. Shops & Establishments. Act,
  • Motor Transport Workers Act,
  • Building and Other Construction Workers Act :- Building and other construction workers are registered as beneficiaries. Officers from Asst. Labour Officer to Commissioner of Labour have been notified as registering /licencing officers.
  • Beedi & Cigar Workers Act,
  • Contract Labour Act,
  • Inter State Migrant Workmen Act etc.
  • Trade Unions are registered under Trade Unions Act. 
  • 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.
  • 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.

 

  •  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 Center and District Resource Center has been established and detailed strategies are envisaged.  
    • Rescue teams and task force are proposed and child labour tracking system being revamped.
    • 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.
A.P. 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.

Sl. No.

Name of the Act

Authority

Section Rule

Description

1

E.C. Act, 1923

COL / Adl. COL / JCL/DCL/ACL at HO

20(1)

CEC for whole of the state

2

-do-

JCL / DCL/ ACLs at SOs

29(1)

For entire Zone/District

3

P.W.Act, 1936

COL / Adl. COL / JCL/DCL/ACL at HO

15

Authority to hear the applications filed for delayed & deducted wages for whole of the state

4

-do-

JCL / DCL/ ACLs at SOs

15

For entire Zone/District

5

-do-

District Court

17

Appeal against the order of the authority u/s.15.

6

Trade Unions Act, 1926

Addl.CoL

3(1)

Registrar of Trade Unions for whole of the state

7

Trade Unions Act, 1926

JCL at HO

3(1)

Addl. Registrar of Trade Unions for whole of the state

8

Trade Unions Act, 1926

JCL at HO

3(1)

Addl. Registrar of Trade Unions for whole of the state

9

I.D.Act, 1947

COL / Adl. COL / JCL/DCL/ACL at HO

4

Conciliation officers for whole of the state

10

I.D.Act, 1947

JCL / DCL/ ACLs at SOs

4

Conciliation officers for entire zone/District

11

I.D.Act, 1947

Commissioner of Labour

25N (1)(b)

Specified authority for whole of the state

 12

M.W.Act, 1948

COL / Adl. COL / JCL/DCL/ACL at HO

20(I)

Authority to entertain applications for payment of difference of wages, non-payment of wages, O.T. Wages etc., for whole of the state

13

M.W.Act, 1948

JCL / DCL/ ACLs at SOs

20(i)

Authority to entertain applications for payment of difference of wages, non-payment of wages, O.T. Wages etc., for entire Zone/District

14

W.J. Act, 1955

Addl. COL

17(1)

Authority to issue certificate for recovery of wages for whole of the state

 15

P.B. Act, 1965

 

21

Authority to issue for recovery of Bonus as arrear of land revenue

 16

B & C W Act, 1966

DCL

31

Application against orders of discharge, dismissal & retrenchment

 17

B & C W Act, 1966

Addl. COL / DCL/ACLs at HO

5

Appeal against the orders of Licensing Authority

18

B & C W Act, 1966

ACL

Rule27

Disputes relating to issue of raw material, rejection of rolled beedis etc.

19

B & C W Act, 1966

DCL

Rule27(2)

Appeal against the orders of ACL

20

Contract Labour Act, 1970

COL / Adl. COL / JCLs at HO

15

Appeal against the orders of Licensing Authority for whole of the state

21

Contract Labour Act, 1970

 JCLs / DCLs / ACLs at SOs

15

Reg/Licensing authority for entire zone / District

22

P.G. Act 1972

COL / Adl. COL / JCLs /DCL at HO

7(7)

Appeal against the orders Controlling Authority for whole of the state

23

P.G. Act 1972

JCLs / DCLs at SOs

7(7)

Appeal against the orders Controlling Authority for entire Zone/District

24

P.G. Act 1972

ACLs at H.O.

3

Controlling Authority to entertain applications for payment of gratuity for entire state

25

P.G. Act 1972

ACLs at S.Os

3

Controlling Authority to entertain applications for payment of gratuity for entire District

26

E.R. Act, 1976

Addl. COL

7(6)

Appeal against the orders of Authority

27

E.R. Act, 1976

ACL at Sos

7(6)

Complaints against the contraventions of the provisions of the Act

28

Inter State Migrant Workmen Act 1979

COL, / Addl.COL,/ JCLs at Ho

11

Appeal against the orders of Reg/Licensing Authority

29

Inter State Migrant Workmen Act 1979

 JCLs / DCL / ACLs at Ho

3 & 7

Registering & Licensing Authority for whole of the state

30

Inter State Migrant Workmen Act 1979

 JCLs / DCL / ACLs at S.Os

3 & 7

Registering & Licensing Authority for entire Zone / District

31

Cine Workers(ROE) Act, 1981

COL, / Addl.COL,/ JCLs at Ho

4, 2(d)

Conciliation officer / Competent Authority for whole of the state

32

Cine Workers(ROE) Act, 1981

 DCL / ACLs at Ho

4

Conciliation officer for whole of the state

33

A.P.S.E. Act, 1988

Addl.COL,/ JCLs / DCL at Ho

53

Appeal against the orders of the Authority U/s. 50 for whole of the state

34

A.P.S.E. Act, 1988

 JCLs / DCL at S.Os

53

Appeal against the orders of the Authority U/s. 50 for entire Zone/District

35

A.P.S.E. Act, 1988

ACL s at H.O

50

Applications filed in case of deducted / delayed wages for whole of the sate.

36

A.P.S.E. Act, 1988

ACL s at S.Os

50

Applications filed in the cases of deducted / delayed wages for entire District..

37

A.P.S.E. Act, 1988

ACL s at H.O

48(1)

Applications filed in the cases of termination of services for whole of the state

38

A.P.S.E. Act, 1988

ACL s at S.Os

48(1)

Applications filed in the cases of termination of services for entire District

39

A.P.S.E. Act, 1988

JCL s /DCL at H.O

48(3)

Appeal against the orders of the Authority U/s.48 for whole of the state

40

A.P.S.E. Act, 1988

JCL s / DCLs at S.Os

48(3)

Appeal against the orders of the Authority U/s.48 for entire Zone / District

41

Building & Other Constriction Workers Act, 1996

COL, / JCLs /DCL/ ACLs at Ho

6

Registering Authority for whole of the state

42

Building & Other Constriction Workers Act, 1996

 JCLs /DCL/ ACLs at S.Os

6

Registering Authority for entire Zone/District

43

Building & Other Constriction Workers Act, 1996

COL, / JCLs /DCL/ ACLs

9(1)

Appeal against the orders of the registering authority

44

Building & Other Constriction Workers Act, 1996

COL

42(2)

Chief Inspector

45

Building & Other Constriction Workers’ Welfare Cess Rules,1998

COL, / JCLs /DCL/ ACLs at H.O.

Rule 2 (f)

Cess Collectors for whole of the State

46

Building & Other Constriction Workers’ Welfare Cess Rules,1998

JCLs / DCL/ ACLs/ ALOs at S.Os

Rule 2 (f)

Cess Collectors for entire Zone/entire district

47

Building & Other Constriction Workers’ Welfare Cess Rules,1998

COL/ Addl. COl / JCLs / at H.O.

Rule 2 (g)

Cess Assessing Officers for whole of the State ( above Rs. 5 crores)

48

Building & Other Constriction Workers’ Welfare Cess Rules,1998

JCLs at Zones

Rule 2 (g)

Cess Assessing Officers for entire Zone (above Rs.5 crores)

49

Building & Other Constriction Workers’ Welfare Cess Rules,1998

DCL at Districts

Rule 2 (g)

Cess Assessing Officers for entire Zone (above Rs.1 crore)

48

Building & Other Constriction Workers’ Welfare Cess Rules,1998

ACLs with in districts

Rule 2 (g)

Cess Assessing Officers for entire Zone (upt to Rs.1crore)

49

Building & Other Constriction Workers’ Welfare Cess Rules,1998

COL, / JCLs /DCL/ ACLs at H.O.

Rule 2 (h)

Appellate Authority against the orders of Cess Assessing Officer for entire Zone/entire district

50

Industrial Employment Standing Orders Act, 1946

JCLs at H.O

2(c )

Certifying Officer for whole of the State.

JCLs at S.Os

2(c )

Certifying Officer for entire Zone


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