Labour_law

IMPORTANT LABOUR AND FACTORY LEGISLATIONS IN INDIA 1) Acts and Rules • Blend of Acts and Rules • Centered on the responsibility of a Factory Manager, Personnel/ HR Manager or self employed Entrepreneur. • Attention has not been made wherever the employer has nothing to do with the provisions but has only to follow the directions of the appropriate govt. 1) THE FACTORIES ACT, 1948 • Act which makes it obligatory on the part of the employer to provide for the health, safety and welfare of the workers employed. • 1) Act extends to the whole of India. • Applies to every factory wherein 10 or more workers are or were employed, if run with power and 20 or more workers are or were employed, if run without power. • Application to factories with fewer workers u/s 85 2) PROVIDES for • Hours of work (adult) not to exceed 48 hours in a week or 9 hours in a day. • Relaxation: Where an adult worker is engaged in urgent repairs. • Payment of Overtime wages for overstay at workplace @ twice the ordinary rate of wages. 3) ** Provision relating to hours of work not applicable to supervisory staff. • Weekly Holiday: No work for more than 10 days without a day of rest. • Intervals of rest: half an hour for 5 hours of work • No child (who has not attained the age of 15 years) be permitted to work. • Prohibition of employment of Women: No woman shall be employed in any factory for more than 9 hours in any day or between 7 pm and 6 am. 4) Factories Act now allows women to work night shifts PROVIDED adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honor and safety and their transportation from the factory premises to the nearest point of their residence" are made. 5) Leave with Wages • @ 1day for every 20 days provided ---240 days of work during preceding year. • Days of lay off, paid holidays or leave days considered • Encashment of unavailed leave: Encashable at the present rate of wages. 6)The occupier (Employer) to maintain a register – LEAVE WITH WAGES REGISTER- in FORM 15 • Provide each employee a Leave Book- thick bound sheet- in FORM 16 (with similar entries as in Form 15) • Provide each worker an Attendance Card in form 28 showing the particulars of employment

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* shall be substituted by Electronic cards

7) EMPLOYER TO KEEP THE FACTORY PREMISES CLEAN 1. white washing at least once in every 14 months 2. repainting or revarnishing every 5 years 3. r disposal of wastes and effluents 4. Record the dates on which white washing, painting or varnishing done in a register in FORM 7. 5. Ensure provision of sufficient number of Latrines and urinals – separate for gents and ladies 6. Ensure spittoons are provided at adequate places. 7. Ensure workplace has adequate ventilation 8. Avoid overcrowding – ensure 500 cubic feet of space for every worker without reference to any space which is more than 14 feet above the level of the floor of the room. 9. Ensure proper lighting- artificial or natural or both. 10. Ensure supply of uninterrupted supply of Drinking Water. * *Where the no. of workers is more than 250, provision for cold water in every lunch room, rest room and canteen shall be ensured. 8) EMPLOYER TO ENSURE SAFETY OF WORKERS 1. Fencing of Machines and Moving parts of machines – spindles, gears, pulleys, belts etc 2. Protection of eyes using screens or goggles from excessive light or infra-red or ultra violet radiations 3. Precaution in case of Fire. 4. No woman or young person shall, unaided by another person, lift, carry or move by hand or head any material or tool exceeding the maximum limit prescribed. * Adult male 75 Kgs * Adult female 30 Kgs * Adolescent male 30 Kgs * Adolescent female 20 Kgs *******Safety Officer: Appoint a Safety Officer wherein 1000 or more workers are employed. 9) EMPLOYER TO LOOK AFTER THE WELFARE OF EMPLOYEES 1. Washing facility separately for women and men 2. Separate rooms for men and women for drying of clothes 3. Separate rest rooms for men and women 4. First Aid boxes equipped with prescribed medicines 5. Ambulance room where 500 or more are employed 6. Canteen for use of workers where 250 or more are employed (150 under Plantation Labour Act) 7. Lunch room where 150 or more are employed 8. Crèches where 30 or more women are employed 9. Appoint WELFARE OFFICER (S) where 500 or more are employed (300 under PLA) 10. The duties, qualification and conditions of service of such welfare officers shall be in accordance with the rules of the respective State Govt.

11. NOTICE OF DANGEROUS OPERATIONS 10) REGISTERS TO BE MAINTAINED 1. Attendance Register/ Muster roll in form 25 2. Register of Adult Workers in form 12 3. Record of Lime washing, painting etc in form 7 4. Register of Compensatory Holidays in form 9 5. Overtime Muster roll for Exempted workers in form 10 6. Register of Leave with Wages in form 15 7. Health Register in form 17 (in respect of persons employed in occupations declared to be dangerous operations u/s 87) 8. Register of Accidents and Dangerous Occurrences in form 26 9. Particulars of Rooms in the factory in form 35. 11) RETURNS TO BE SENT TO APPROPRIATE AUTHORITIES 1. Notice of accidents and dangerous occurrences resulting in death or bodily injury in form 18 (similar to the one to be sent ESI Local Office under the ESI Act) 2. Half yearly returns in form 22 3. Annual returns in form 21 4. Notice of change of Manager in form 23 5. Details of closure in form 32 6. Report of examination of Pressure Vessel or Plant in form 8 7. Report of examination of Water sealed Gas holder in form 38 8. Report of Examination of Hoist or Lift in form 41 9. Certificate of Fitness for Dangerous Operations in form 39 2) THE INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946 1. Defines the terms and conditions of service between the employer and his employees. 2. Applies to every industrial establishment wherein 100 (in some States 50)or more workers are employed 3. The Act extends to the whole of India 1 ) SIGNIFICANCE Terms of appointment order issued to an employee cannot circumvent the provisions of certified standing order. Therefore, it is always desirable to get standing orders drafted and certified as it regulates the relationship between the employer and the employee. 2) Standing Order drafted shall provide for • Date on which the standing orders shall come in to force and shall remain in force • Definitions • Classification of workmen as Permanent, Probationer, Badlis, Casual and Trainees 4) Obligations – 1. not to carryon any other business for gain or to take admission in educational institution without permission 2. to observe strict secrecy of company matters

3. not to take photographs, drawing or documents of the process of manufacture of the company 4. not to carry any lethal weapon, explosive or article dangerous to life or property 5. to follow safety rules in force 6. to inform any change in the address 7. Medical examination and aid in case of accident 8. Identification of workmen and issue of Identity cards 9. Working time for different categories of workmen 10. Record of age, qualification and experience 11. Entry, exit and liability for security checking 12. Shift working and weekly off 13. Attendance and late coming 14. Methods of applying for different kinds of leave and extension of leave 15. Action for unauthorised absence 16. National and festival holidays 17. Transfer 18. Apprehension of danger to the safety and security of factory and its personnels 19. Date of payment of wages/ salary 20. Overtime wages 21. Increment and promotion 22. Stoppage, closing or lay off of establishment and strike 23. Resignation – notice or payment in lieu of notice to be given 24. Termination of employment and notice or payment in lieu of notice required to be served or made 25. Deduction from wages for fine imposed or absence from duty or loss caused to the property and recovery of employees contribution to schemes like EPF, ESI and Labour Welfare fund 26. Age of superannuation 27. Grievance procedure 28. Disciplinary action for misconduct 29. Punishment for misconduct and procedure for imposition of punishment 30. Service of notice 31. Issue of service certificate 32. Amendment of Standing order 33. Exhibition of Notices – as whether if put in the Notice Board or not 3) THE MATERNITY BENEFIT ACT, 1961 • The Act extends to the whole of India except Jammu & Kashmir • Applies to every factory, shop or establishment • Woman entitled to maternity benefit not withstanding the application of the Employees State Insurance Act, 1948 Employer to ensure…… • No woman works during the six weeks immediately following the day of her delivery or her miscarriage • No woman does any arduous work during the period of ten weeks from the expected date of delivery • Not to discharge or dismiss a woman during her pregnancy

Eligibility: • Work of 160 days in the 12 months immediately preceding the date of delivery. • Leave days & lay offs taken as worked. Benefit • 12 weeks leave of which not more than 6 weeks shall precede the date of her expected delivery • The benefit to be paid @ average rate of wages for the three months preceding her maternity leave • In case of miscarriage, 6 weeks leave with pay at the same rate as applicable to maternity benefit. 4 ) THE MINIMUM WAGES ACT, 1948 1. AN ACT TO PREVENT “SWEATED LABOUR AND EXPLOITATION OF LABOUR” 2. The Act extends to the whole of India 3. Requires the Central and State Govt. to fix minimum rates of wages in certain scheduled employment. 4. Minimum wages fixed REVISED from time to time Responsibility of the Employer : 1. to follow the directions and fix wages of the workers at the rate not less than the one fixed 2. to maintain Register of Wages in form XI showing • rate of wages payable, • actual amount paid, • attendance & overtime, • deductions for EPF, ESI and other, • net amount paid, • date of payment and • signature of respective employee. 3. Wages slip in form XIII showing the above details to be given to every employee. 5) THE WORKING JOURNALISTS (FIXATION OF RATES OF WAGES) ACT, 1958 Provides for the fixation fixation of wages in respect of Working Journalists and for matters connected therewith 6) 6) PAYMENT OF WAGES ACT, 1936 • An Act to regulate the payment of wages to certain classes of persons • Extends to the whole of India • Responsibility of payment wages rests with the employer • Employer to fix Wage Period • No wage period shall exceed one month. month.

1) Time of Payment of wages th 1. 7 day of wage month where less than 1000 are working th 2. 10 day where more than 1000 are working 3. No payment in KIND 2) Permissible deduction from Wages i. fines ii. for absence from duty iii. for damage caused to the property of the employer iv. for the amenities provided, like house accommodation v. for recovery of advance or adjusting over payment of wages vi. towards EPF, ESI, Labour Welfare Fund and similar deductions permitted under any Act or the Standing Orders of the establishment vii. for Life Insurance/ general insurance policies and Housing loan. ****The Kerala Payment of Subsistence Allowance Act, 1972 • Act to provide for the payment of subsistence allowance to the employees during the period of suspension • Extends to the whole of Kerala ***3) Suspension Any interim decision of an employer debarring an employee temporarily from attending his office ***4 )Payment of Subsistence Allowance • 50% of wages for the first ninety days of suspension • 75% of wages for the period beyond ninety days • Full wages for the period beyond one hundred and eighty days Not eligible for Subsistence Allowance:An Allowance: employee placed under suspension not entitled for subsistence allowance if he accepts employment during the period of suspension 7) THE PAYMENT OF BONUS ACT, 1965 i. An Act to provide for the payment of Bonus to persons in certain establishments on the basis of profits, production or productivity. ii. Extends to the whole of India. iii. Applies to every establishment wherein 20 or more are employed iv. The Appropriate Govt. shall apply the Act to any other establishment, including a factory to which the Factories Act, 1948 applies, wherein less than 20 workers are employed provided the number of persons employed is not less than 10. Eligibility to Bonus i. employee whose salary/ wages does not exceed Rs 10000 per month ii. who has worked in the establishment for not less than 30 days

iii. Not disqualified to claim bonus due to fraud, theft or any other misconduct iv. Bonus of very person drawing salary between Rs 3500/- and Rs 10000/- per month shall be calculated as if his salary were Rs 3500 pm For calculating the number of working days i. the days for which the worker has been laid off ii. the days he has been on leave with pay iii. the days he has been absent due to temporary disablement caused by an employment injury iv. the days a woman employee has been on maternity leave v. shall be taken in to account. Rate of Bonus i. Minimum :8.33% of salary/wages ii. Maximum 20% of salary/wages iii. Computation of bonus as per Schedule I to IV of the Act. iv. Adjust any interim bonus paid while making payment of the final bonus. Disputes on Bonus The BonThe Bonus Act does not provide for any machinery to resolve disputes relating to bonus. For this, the Industrial Dispute Act shall be referred to.us Act does not provide for any machinery to resolve disputes relating to bonus. For this, the Industrial Dispute Act shall be referred to. 8) THE PAYMENT OF GRATUITY ACT, 1972 ( The Kerala Industrial Employees Payment of Gratuity Act, 1970, followed by the West Bengal Employees Payment of Compulsory Gratuity Act, 1971 and the intention of the other States to have similar Acts in their respective states necessitated the Central Act so as to avoid different treatment to employees of establishments having branches in more than one states who are subject to transfer from one state to another.) 1) The Payment of Gratuity Act, 1972 extends to the whole of India. Applies to every factory, mine, plantation and other establishment wherein 10 or more workers are employed. 2) Gratuity is in the nature of a retirement benefit payable to an employee for a long and meritorious service. • It is not paid to an employee gratuitously or merely as a matter of boon. It is paid for the service rendered by him to the employer (Delhi Cloth and General Mills Co; Ltd Vs The Workmen) • Then why it should necessarily be denied to him when an employee is dismissed for misconduct at a latter stage of service ??? 3) Gratuity is payable to an employee on termination of his employment after he has rendered continuous service for not less than five years • on his superannuation • on his resignation • on his death or disablement due to employment injury or disease

4) News paper employees • The Working Journalists and Other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955, provides for payment of gratuity. • As such, three years of continuous service is required for eligibility for Gratuity. 5) The payment of gratuity shall be forfeited • to the extent of the damage or loss caused by the employee to the property of the employer • where the service of the employee is terminated due to misconduct 6) Rate of gratuity 15 days wages for every completed year of service Rates applicable to Working Journalists depends upon the service of the employee as provided in the Working Journalists and Other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955 ****The average pay of the monthly rated employee shall be taken by dividing the monthly salary/ wages by 26 and not by 30 7) Piece rate workers and Seasonal establishments • For piece rated workers, average of the three months wages immediately preceding the day of leaving shall be taken as average rate of wage • An employee in a seasonal establishment shall be paid @ seven days wages for each season 8) Salary ceiling i. The Amendment Act of 1994 removed the salary ceiling of an employee, but the maximum gratuity payable shall be Rs 3.5 lakh.In order to be eligible for gratuity, employee should have at least five continuous years of service with the employer ii. An employee is in service in a calendar year provided he has worked for • 190 days in case employee is employed below the ground and • 240 days in any other case. (iii)The days he/she has beenContinuous service (contd.) •

laid off under an agreement or under the ID Act or as permitted by the Standing Orders • on leave with pay • absent due to temporary disablement due to employment injury • on maternity leave (iv) shall be taken as worked for the calculation of 190/240 days. (v) For seasonal employment 75% attendance during a season shall constitute service in a year • An employee who has worked for 4 years 11 months and 10 days not eligible for gratuity as decided in P. Raghavalu and Sons Vs Additional Labour Court, Andhra Pradesh, as the qualifying phrases ‘part thereof in excess of six months’

shall be taken only for calculation of gratuity and not for determining the eligibility of gratuity. 9) THE INTERSTATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 Act to regulate the employment of interstate migrant workers and to provide for their conditions of service. 1) Extends to the whole of India. Applies to every establishment wherein five or more interstate migrant workmen (whether or not in addition to other workmen) are employed and every contractor who employs (whether or not in addition to other workmen) 5 or more interstate migrant worker. 2) Interstate migrant worker An interstate migrant worker means any person who is recruited by or through a contractor in the state under an agreement or arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer. 3) Provides for Registration of establishments employing interstate migrant workmen, licensing of contractors, appointment of licensing officers, prohibition of employment of migrant workmen without registration and duties and obligations of contractors provided under the Act. 4) Employer to ensure • Regular payment, equal pay for equal work irrespective of sex, suitable conditions of work, medical facilities, protective clothing etc shall be ensured to such workmen. • The contractor to maintain register of migrant employees, send report of accidents, half yearly returns (From 23) and annual returns (Form 24) • Employer contravening the provisions liable for punishment of imprisonment or fine or both 10) THE EQUAL REMUNERATION ACT, 1976 • Act provides for the payment of equal remuneration to men and women • Extends to the whole of India • Act makes it obligatory on the part of employer to pay equal remuneration to men and women workers for same work or work of a similar nature. • In order to make the wages equal, prevailing wages shall not be reduced but the higher rate shall be maintained. No discrimination • No discrimination while making recruitment for the same work or work of a similar nature, except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force. • No discrimination in any condition of service subsequent to recruitment such as promotions, training or transfer.

11) THE APPRENTICES ACT, 1961 The Act extends to the whole of India. Applies to those apprentices who are undergoing apprenticeship training in designated trades. From time to time, the Central Govt. has specified the designated trades. 1) Contract of apprenticeship • A contract of apprenticeship training is entered in to between the employer and the apprentice or, if he is a minor, guardian of the apprentice. • The contract of apprenticeship training is to be sent to the Apprenticeship Adviser of the respective area. 2) Termination of training • on the expiry of the period of apprenticeship training specified in the contract. • Premature termination by employer - the employer shall pay to the apprentice such compensation as may be prescribed • Premature termination by the apprentice- apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser 3) NUMBER OF APPRENTICES Depends on the ratio of trade apprentices to workers other than unskilled workers and the facilities available and that may be made available by the employer for training the apprentices. 4) Duties of the employer • Make suitable arrangements for imparting practical training • Provide for basic training. • Where an employer employs 500 or more workers, the basic training shall be imparted in separate part of the workshop building or in a separate building set up by the employer. • the employer may get easy loan from the Govt. for construction of building for conducting training classes 5) ITIs • if the number of apprentices to be trained is less than twelve, then the employer may depute such apprentices to any Basic Training Center or Industrial Training Institute run by the Government for basic training in any designated trade. • Where an employer deputes any apprentice as above, such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government. 6) RI Centre • Apprentice to be given Related Instruction course. • Time spent by a trade apprentice in attending classes on RIC shall be treated as part of his paid period of work.

7) EMPLOYERS to ensure • Placement of Training Officer with suitable qualification • Payment of stipend at a rate not less than the prescribed minimum rate • Not to pay on the basis of piece work • Not to require to take part in any output bonus or other incentive scheme 8) HEALTH, SAFETY AND WELFARE OF APPRENTICES • Not to require or allow overtime except with the approval of the Apprenticeship Adviser. • In case of employment injury pay compensation in accordance with the provisions of the Workmen's Compensation Act, 1923 9) Disputes • Any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the Apprenticeship Adviser for decision. 10) Obligation for employment • It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, • nor shall it be obligatory on the part of the apprentice to accept an employment under the employer. 12) THE WORKMEN’S COMPENSATION ACT, 1923 i. The Act provides for payment of compensation to the worker injured during the course of employment or contracted by any occupational disease peculiar to that employment ii. Act extends to the whole of India. iii. The amount of compensation iv. for accidents resulting in death, an amount equal to fifty per cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of eighty thousand rupees, whichever is more v. * for permanent total disablement, an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor, or an amount of ninety thousand rupees, whichever is more. ****The maximum compensation as per W.C. Amendment Act 2000 • Fatal Injury - Rs.4,57,080 • Permanent Total Disablement - Rs.5,48,496 • Permanent Partial Disablement - According to incapacity caused • Temporary Disablement - Rs. 2000 per month upto a period of 5 years • take p frob below ESI Corporation and Workmen compensation The liability of payment of compensation shifted from the employer to the Employees State Insurance Corporation

13) EMPLOYEES STATE INSURANCE ACT, 1948 • • •

Act extends to the whole of India, However The ESI Scheme is being implemented area-wise by stages. The Scheme has already been implemented in different areas in all States/Union Territories except Nagaland, Manipur, Tripura, Sikkim, Arunachal Pradesh and Mizoram and UTs of Delhi, Chandigarh and Pondicherry ESI Act * Applies to factories and establishments functioning in the notified area and consisting of 10 or more employees. * Provides for health care and cash benefits in cases of sickness, maternity and employment injury. * The Act absolved the employers of their obligations under the Maternity Benefit Act, 1961 and Workmen’s Compensation Act 1923. Employees covered All employees drawing salary of Rs 10,000 or less are covered (w.e.f 1-10-2006) Contribution • Employees’ contribution . 1.75% of wages • Employers’ contribution. 4.75 % of wages • Employees receiving a daily average wage upto Rs.70/-(w.e.f 1-8-07) are exempted from payment of contribution. Employers will however contribute their own share in respect of these employees. • pay contribution within 21 days. Contribution Period and Benefit Period There are two contribution periods each of six months duration and two corresponding benefit periods also of six months duration as under ***Contribution period Corresponding Benefit period 1st April to 30th Sept. , 1st January of the following year to 30th June 1st Oct. to 31st March 1st July to 31st December of the year following ESI Benefits 1) Medical Benefits 2)Available both to IP and family. 3) Also available to disabled/retired IP 4) Super specialist treatment 5) Sickness Benefit 6) Maternity Benefit 7) Disablement Benefit 8)Dependant benefit 9) Funeral Expenses 10) Old age medi care 11) Rehabilitation **** Employer to maintain and file the following books and returns. 1. Form 7 (Register of Employees showing the details ofGross wages, ESI contribution deducted, Contribution by the Employer and total for the contribution period (six months) 2. Accident book in form 15

3. ESI Declaration in form 1, 4. Return of declaration in form 3 5. Return of Contribution in form 6 for the contribution period (with similar entries as in register of employees Form 7) 6. Accident report in form 16. (similar to Form 18 to be furnished to the Inspector of Factories and Boilers) 14) EMPLOYEES PROVIDENT FUND AND MISC. PROVISIONS ACT, 1952 An Act to provide for the institution of provident funds, pension funds and deposit linked insurance fund for the employees in the factories and other establishments Extends to the whole of India except the State of Jammu and Kashmir 1) Applicability : • Applies to all factories and establishments in which 20 or more are employed • Continuity of application 2) Exemption –: Where employees get benefits in the nature of provident fund or old age pension fund from the establishment which are not less favourable than the benefits under the Act. 3) Schemes under the Act Three beneficial schemes1.Employees Provident Fund Scheme 1952 2.Employees Pension Scheme 1995 3.Employees Deposit Linked Insurance 1976 4) Membership • An employee at the time of joining the employment and getting wages up to Rs.6500/- is required to become a member. • An employee is eligible for membership of fund from the very first date of joining a covered establishment. 5) Contribution to EPF • Employees’ share : 12% of the Basic + DA • Employer’s contribution : 12% to be deposited as : • 8.33% to be deposited in Pension Fund A/C No 10 and • The balance, ie, 3.67% to be deposited in Provident Fund A/C No 01 along with Employees’ share of 12% ******6) ******6) Administration charges : • @ 1.1% of the total wages/salary disbursed by deposit to A/C No 02, • Employees Deposit Linked Insurance @ 0.5% of the total wages/salary by deposit to A/C No. 21 and • Administration of EDLI @ 0.01% of the wages/ salary by deposit to A/C. No. 22. 7) Duties of employer :Employer to furnish information about: (a) Ownership and names of responsible persons of the establishment.

(b) Declaration and nomination. (c) Joining and leaving of service by the members in form 5 and form 10 respectively (d) Form 12A with monthly challans of deposit. (e) Form 9 for details of employees. (f) Form 3A/6A at the end of the financial year. (g) Any other information as may be required under Para 76 of the scheme 8) Benefits to employees 1. Provident Fund Benefits 2. Pension Benefits 3. Death Benefits 1) Provident Fund Benefits • Employer also contributes to Members’ PF @ 3.67% (1.67% in case of sick industry - eg: beedi) • EPFO guarantees the Employer contribution and Govt. gives a decent interest to PF accumulations • Member can withdraw from this accumulations to cater financial exigencies in life - No need to refund unless misused • On resignation, the member can settle the account. i.e., the member gets his PF contribution, Employer Contribution and Interest 2) Pension Benefits i. Pension to Member ii. Pension to Family (on death of member) iii. Scheme Certificate • This Certificate shows the service & family details of a member • This is issued if the member has not attained the age of 58 while leaving an establishment and he applies for this certificate • Member can surrender this certificate while joining another establishment and the service stated in the certificate is added with the service he is gaining from the new establishment. • After attaining the age of 50 or above, the member can apply for Pension by surrendering this scheme certificate (if total service is at least 10 years) This is a better choice than Withdrawal Benefit, that if a member dies holding a valid scheme certificate, his family will get pension (Death when NOT in service) iv. Withdrawal Benefit • if not eligible for pension, member may withdraw the amount accumulated in his pension account the calculation of this amount is based only on (i) Last average salary and (ii) Service (Not based on actual amount available in Pension Fund Account) - No amount is taken from Member to give Pension to the Member. Employer and Govt. contribute to Pension fund @8.33% and @1.16% respectively - EPFO guarantees pension to members, even if the Employer has not contributed to Pension Fund. • Pension calculation is similar to that of Govt. Employee

3) Death Benefits • Provident Fund Amount to Family (or to Nominee) • Pension to Family (or to Parent / Nominee) • Capital Return of Pension • Insurance (EDLI) amount to Family (or to Nominee) • No amount is taken from Member for this facility. Employer contributes for this. • Nominee is basically determined as per the information submitted by the member at this office through FORM-2 15 ) THE PLANTATION LABOUR ACT 1951 • AN ACT TO PROVIDE FOR THE WELFARE OF THE LABOUR, AND TO REGULATE THE CONDITIONS OF WORK, IN PLANTATIONS • It extends to the whole of India except the State of Jammu and Kashmir 1) Applicability • Applies to any land used or intended to be used for growing tea, coffee, rubber, cinchona or cardamom or any other plant which measures 5 hectares or more and in which 15 or more workers are employed on any day of the preceding 12 months. • The State Government by notification can apply this law to any other land even if it measures less than 5 hectares and employs less than 15 workers. 2) Duties of the Employer Provision of: 1) Drinking Water 2) Separate Toilets for Men and Women 3) Medical facilities to the workmen and their family 4) Canteen where 150 or more workers are employed 5) Crèches where 30(EL Book)- 50 or more women workers are employed or where the number of children of women workers is 20 or more 6) Recreational facilities 7) Educational Facilities where children between the ages of six and twelve of workers employed in any plantation exceed twenty five. 8) Housing facility 9) Welfare Officer where three hundred or more workers are employed. 3) Hours of work and Limitations of employment 1) Hours of work – 48 hours per week which can be extended to 54 hours with double the rate as overtime wages 2) Weekly holiday 3) Daily intervals of rest 4) Prohibition of employing women workers between 7 pm and 6 am 4) Annual Leave (with wages) @ 1 per 20 days work 1) Sickness and maternity benefits 2) Employer to furnish Notice of Accident

3) Employer to maintain a register of Accidents 16) THE INDUSTRIAL DISPUTES ACT, 1947 An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. It extends to the whole of India **** 1) Industrial dispute 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. 2) AUTHORITIES UNDER THIS ACT 1) Works Committee 2)Conciliation officers 3) Boards of Conciliation 4) Courts of Inquiry 5) Labour Courts 6) Tribunals 7) National Tribunals 3) Works Committee Where?: Establishments with 100 or more workers Members: Equal number of representatives of the Employer and Employees Objective: promotion of good relationship between employer and employee(s) 4) Conciliation officers i Boards of Conciliation 1) Appointed by the appropriate Government as occasion arises for settlement of disputes. 2) Board shall consist of an independent Chairman and two or four other members in equal numbers to represent the parties to the dispute 3) Courts of Inquiry 4) Constituted by the appropriate Government as occasion arises for inquiring into any matter appearing to be connected with or relevant to an industrial dispute ***** 5) Labour Courts Labour Courts are constituted by the appropriate Govt. for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act. 6) Tribunals Tribunals are constituted by the appropriate Govt. for the adjudication of industrial disputes relating to any matter specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act. ****** 7) National Tribunals

National Tribunals are constituted by the Central Government for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by such disputes. ****** 8) Matters within the Jurisdiction of Labour Courts (the II Schedule) 1.The propriety or legality of an order passed by an employer under the standing orders; 2.The application and interpretation of standing order; 3.Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen wrongfully dismissed; 4.Withdrawal of any customary concession or privilege; 5.Illegality or otherwise of a strike or lock-out; and 6.All matters other than those specified in the Third Schedule. ****** 9) Matters within the Jurisdiction of Industrial Tribunals (the III schedule) 1.Wages, including the period and mode of payment; 2.Compensatory and other allowances; 3.Hours of work and rest intervals; 4.Leave with wages and holidays; 5.Bonus, profit sharing, provident fund and gratuity; 6.Shift working otherwise than in accordance with standing orders; 7.Classification by grades; 8.Rules of discipline; 9.Rationalisation; 10.Retrenchment of workmen and closure of establishment; and 11.Any other matter that may be prescribed. ****** 10) Prohibition of strikes and lock outs 1) Not to strike without giving six weeks notice of strike and during the pendency of any conciliation proceedings 2) Not to declare lock-out without giving to the employees six weeks notice of lock out and during the pendency of any conciliation proceedings 3) A strike or lock-out shall be illegal if it is commenced or declared in contravention of the above. 4) Not to support of any illegal strike or lock-out 11) LAY-OFF AND RETRENCHMENT No workman (other than a badli workman or a casual workman) whose name is borne on the muster-rolls of an industrial establishment wherein 50 or more workers are employed shall be laid-off by his employer except with the prior permission of the appropriate Government. 1) Lay off compensation: a workman (other than a badli workman or a casual workman) who has completed one year of continuous service under an employer shall be paid Lay off compensation 2) Lay off compensation shall be equal to fifty per cent of the wages (Basic + DA) 3) Lay off compensation need not be paid for the weekly holidays which may intervene

**** Continuous Service 1) An employee is in continuous service in a calendar year provided he has worked for 190 days in case employee is employed below the ground and 2) 240 days in any other case. 3) The days he/she has been laid off under an agreement or under the ID Act or as permitted by the Standing Orders (i) on leave with pay (ii)absent due to temporary disablement due to employment injury or maternity leave (iii)shall be taken as worked for the calculation of 190/240 days. 12) Workmen not entitled to compensation in certain cases 1) When a worker refuses to accept alternative employment in the same establishment or another another establishment owned by the employer and situated in the same village or town or within 5 a radius of miles of the establishment. 2) When a worker does not present himself for work at the establishment at the appointed time during normal working hours at least once a day 3) When such laying-off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment 13) Retrenchment of workmen • No workman who has been in continuous service for not less than one year shall be retrenched without giving one month’s notice (three months notice wherein not less than 50 workers are employed) in writing indicating the reasons for retrenchment or • if no notice is given, wages in lieu of such notice. • Retrenchment of workmen employed in an establishment wherein not less than 50 workers are employed requires permission from the appropriate Govt. appropr 14) Retrenchment Compensation • Fifteen days average pay for every year (or part thereof in excess of six months) of his service • THIS IS APART FROM THE GRATUITY PAYABLE UNDER THE PAYMENT OF GRATUITY ACT 15) Compensation to workmen in case of transfer of undertakings Every workman shall be entitled to notice and compensation as if the workman had been retrenched. 16) No compensation on transfer provided 1 . the service of the workman has not been interrupted by such transfer; 2 . the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman 3 . the new employer takes in to account the continuous service of the workman. 17) Notice to be given of intention to close down any undertaking

An employer who intends to close down an undertaking shall give at least sixty days notice (Ninety days wherein not less than 50 workers are employed) to the appropriate government stating clearly the reasons for the intended closure of the undertaking: This section shall not apply to(a) an undertaking in which less than fifty workmen are or were employed, or (b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project. Compensation: 1) Compensation to workmen in case of closing down of undertakings 2) Compensation be paid as if workmen are retrenched 3) However no compensation is payable if the establishment is closed down on account of unavoidable circumstances beyond the control of the employer 4) These shall not constitute circumstances beyond the control… 5) financial difficulties (including financial losses); or 6) accumulation of undisputed off stocks; or 7) the expiry of the period of the lease or license granted to it; or 8) In case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which operations are carried on Procedure for retrenchment and re employment 1) Retrench the last worker to be appointed under a particular category first 2) For re-employment, retrenched worker shall have preference over other persons 17) RECOVERY OF MONEY DUE FROM AN EMPLOYER (section 33 C of ID Act) 1) Any sum due from the employer under a settlement or an award is recoverable in the same manner as an arrear of land revenue 2) Application by the employee to be received within ONE year. 3) Any sum capable of being computed in terms of money shall be recovered from the employer with the intervention of Labour Court. 18) UNFAIR LABOUR PRACTICESOn the part of employers 1) threatening workmen with discharge or dismissal, if they join a trade union. 2) threatening a lock-out or closure, if a trade union is organised . 3) granting wage increase to workmen at crucial periods of trade union organisation, with a view to undermining the efforts of the trade union at organisation. 4)an employer taking an active interest in organising a trade, union of his workmen. 5) To establish employer-sponsored trade unions of workmen. 6) Discharging or punishing a workman, because he urged other workmen to join or organise a trade union 7) Discharging or dismissing a workman for taking part in any strike (not being a strike which it deemed to be an illegal strike under this Act) 8) Changing seniority rating of workmen because of trade union activities. 9) Refusing to promote workmen to higher posts on account of their trade union activities 10) Giving unmerited promotions to certain workmen with a view to creating friction amongst other workmen, or to undermine the strength of their trade union.

11) Discharging office bearers or active members of the trade union on account of their trade union activities 1) To discharge or dismiss workmen – 1) By way of victimisation; 2) By falsely implicating a workman in a criminal case on false or fabricated evidence; 3) On untrue allegations of absence without leave; 4) In utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; 5) For misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of service of the workman. 6) To abolish the work of a regular nature being done by workmen,and to give such work to contractors as a measure of breaking a strike. 7) To transfer a workman mala fide from one place to another, under the excuse of following management policy. 8) To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work. 9) To show favoritism or partiality to one set of workers regardless of merit. 10) To employ workmen as "badlis" casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen. 11) To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute. 12)To recruit workmen during a strike which is not an illegal strike. 13) Failure to implement award, settlement or agreement. 14) To indulge in acts of force or violence. 15) To refuse to bargain collectively, in good faith with the recognised trade unions. 16) Proposing or continuing a lock-out deemed to be illegal under this Act 2) UNFAIR LABOUR PRACTICES On the part of workmen 1) Advise, support or instigate any strike deemed to be illegal under this Act. 2) Coerce workmen to join a trade union or refrain from joining any trade union, 3)Picket in such a manner that non-striking non-striking workmen are physically debarred from entering the work places. 4)Indulge in acts of force or violence or intimidation in connection with a strike against non-striking workmen or against managerial staff 5) For a recognised union to refuse to bargain collectively in good faith with the employer. 6) To indulge in coercive activities against certification of bargaining representative. 7) To stage, encourage or instigate such forms of coercive actions as willful "go slow", squat on the work premises or "gherao" of any of the members of the managerial or other staff. 8) To stage demonstrations at the residences of the employers or the managerial staff members. 9) To motivate or indulge in willful damage to employer's property. 10) To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to preventing him from attending work. 33) The Trade Unions Act, 1926

1) An act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions. 2)It 2)It extends to the Whole of India India 3) Registration 1) The minimum number of workers to form a registered Trade Union is 10% or 100 whichever is less, subject to a minimum of 7 workers. 2) Ensure that the number of members does not fall down the above requirement. 4) Sale Promotion Employees (Conditions of Service) Act, 1976 An Act to regulate certain conditions of service of sales promotion employees in certain establishments, in the first instance, engaged in pharmaceutical industry It extends to the whole of India APPLICATION OF CERTAIN ACTS Provides for APPLICATION OF CERTAIN ACTS, such as Workmen's Compensation Act, 1923, Industrial Disputes Act, 1947, Minimum Wages Act, 1948, Maternity Benefit Act, 1961, Payment of Bonus Act, 1965 and Payment of Gratuity Act, 1972 TO SALES PROMOTION EMPLOYEES

ROLE OF PUBLIC SECTORS IN INDIA The public sector has been playing a vital role in the economic development of the country. In fact the public sector has come to occupy such an important place in our economy, that on its effective performance depends largely the achievement of the country's economic n social goals.

Public sector is considered a powerful engine of economic development and an important instrument of self-reliance. The main contributions of public enterprises to the country's economy maybe described as follows: 1. Fillings of Gaps: At the time of independence, there existed serious gaps in the industrial structure of the country, particularly in the fields of heavy industries such as steel heavy, machine tools, exploration an refining of oil, heavy Electrical and equipment, chemicals and fertilizers, defense equipment, etc. Public sector has helped to fill up these gaps. The basic infrastructure required for rapid industrialisation has been built up, through the production of strategic capital goods. The public sector has considerably widened the industrial base of the country. 2. Employment: Public sector has created millions of jobs to tackle the unemployment problem in the country. Public sector accounts for about two-thirds of the total employment in the organised industrial sector in India. By taking over many sick units, the public sector has protected the employment of millions. Public sector has also contributed a lot towards the improvement of working and living conditions of workers by serving as a model employer. 3. Balanced Regional Development: Public sector undertakings have located their plants in backward and untrodden parts of the county. There area lacked basic industrial and civic facilities like electricity, water supply, township an manpower. Public enterprises have developed these facilities thereby brining about complete transformation in the socioeconomic life of the people in these regions. Steel plants of Bhilai, Rourkela and Durgapur; fertilizer factory at Sindri, Machine Tool plants in Rajasthan, Precision Instruments plants in Kerla and Rajasthan, etc. are a few examples of the development of backward regions by the public sector. 4. Contribution to Public Exchequer: In recent years, the public sector has made increasing contributions to the public sector in the form of dividend, corporate taxes, excise and customs duty, etc. The total contribution from the public enterprises to the Exchequer increased from Rs. 11,074 crores in 1982-83 to Rs. 23, 972 crores in 1986-87. 5. Foreign Exchange Earnings: Public sector has contributed a great deal in improving the balance of payments position of the county. The public enterprises have saved valuable foreign exchange trough import substitution. Public enterprises have earned foreign exchange of Rs. 3,942 crores during 1986-87 by way of exports. 6. Development of Ancillary industries: In order to encourage the development of small scale and medium-sized industries in the country, the Government of India has launched a national programme. Public sector ha contributed to this programme by fostering the growth of ancillary industries and satellite planets. Such plants have been established around the major public sector undertakings. There is a strong base of ancillary industries at several centers such as the Bokaro Industrial Complex, the Bhilai Steel Plant, The Rourkela Steel Complex, the Heavy Engineering Corporation at Ranchi, Hindustan Machine Tools at Bangalore, and the units of Bharat Heavy Electrical at Bhopal, Hyderabad and Hardwar. 7. Research and Development: As most of the public enterprises are engaged in high technology and heavy industries, they have undertaken research and development programmes in a big way. Public sector has laid strong and wide base for self-reliance in the field of technical

know-how, maintenance and repair of sophisticated industrial plants, machinery and equipment in the country. Through the development of technological skill, public enterprises have reduced dependence on foreign knowhow. With the help of the technological capability, public sector undertakings have successfully competed in the international market an they have secured turnkey projects in several countries of the world. 8. Community Development: Several public sector undertakings have developed townships to provide all the civic amenities to their employees. These townships consists of houses, etc. Public enterprises have constructed roads and other infrastructural facility to link these townships to other parts of the country. Such townships have been very helpful in improving community life. 9. Social Justice : Public enterprises have contributed towards the achievement of constitutional objectives. They have been helpful in reducing the concentration of economic power in private hands, in curbing anti-social monopolies, in accelerating public control over the national economy and in bringing about a socialistic pattern of society. In addition to the foregoing, the public sector has played an important role in the achievement of constitutional goals like reducing concentration of economic power in private hands, increasing public control over the national economy, creating a socialistic pattern of society, etc. With all its linkages the public sector has made solid contributions to national self-reliance.

Database Management System and Design MCQ Set 1 Questions Questions 1: The ascending order of a data hirerchy is: a. bit-byte-record-field-file-database b. byte-bit-field-record-file-database c. bit-byte-field-record-file-database d. bit-byte-file-record-field-database

Question 2: Which of the following is true of a network structure? a. t is a physical representation of the data b. It allows a many-to-many relationship c. It is conceptually simple d. It will be dominant data base of the future

Question 3: Which of the following is a problem of file management system? a. difficult to update b. lack of data independence c. data redundancy d. program dependence e. all of above

Question 4: One data dictionery software package is called a. DB/DC dictionary b. TOTAL c. ACCESS d. Datapac e. Data Manager

Question 5: The function of a database is ... a. to check all input data b. to check all spelling c. to collect and organize input data d. to output data

Question 6: What is the language used by most of the DBMSs for helping their users to access data? a. High level language b. SQL c. Query Language d. 4GL

Question 7: The model for a record management system might be a. handwritten list b. a Rolodex card file c. a business form d. all of above

Question 8: Primitive operations common to all record management system include a. print b. sort c. look-up d. all of above

Question 9: In a large DBMS

a. each user can "see" only a small part of the entire database b. each subschema contains every field in the logical schema c. each user can access every subschema

Question 10: Information can be transferred between the DBMS and a a. spreadsheet program b. word processor program c. graphics program d. all of the above

Answers: 1. c

2. b

3. e

4. a

5. c

6. c

7. d

8. c

9. a

10. d

http://www.vuzs.net/index.php?option=com_content&view=article&id=1400:mgt501-30mcqs-from-quiz-4-shared-by-raza-tahir&catid=250:mgt501-human-resourcemanagement&Itemid=55

ABLE OF CONTENTS I. POLICY

II. OBJECTIVES III. RESPONSIBILITIES A. Personnel B. Working Organization C. Duties IV. PROCEDURES A. Records Management Handbook B. Office Procedures C. Records Retention Schedules D. Unscheduled Records E. Review of Proposed "Draft" Retention Schedules F. Records Inventory & Disposition Schedule (RIDS) G. Storing Records H. Retrieval of stored records I. Returning records to storage for refiling J. Transfer of records to Federal Records Center K. Disposition/Destruction of stored inactive records L. Conducting House Cleaning of Non-Records V. How long to keep records or accessing the DOE website for records retention schedules VI. Freeze on destruction of select records (EPI Moratorium) EXHIBITS: A. Records Inventory & Disposition Schedule (RIDS) Form B. Records Storage and Disposition (RSD) Form C. Fermilab Material Move Request Form D. Disposal Authorization form E. Clean-out Campaigns/Housekeeping Guide F. Records Inventory Form G. Definition of what is a Record H. List of Records Coordinators and File Custodians

I. POLICY Fermi Research Alliance, LLC (FRA), operator of Fermi National Accelerator Laboratory (Fermilab), is committed under its contract with the Department of Energy (DOE) to maintain an effective program of Records Management implementing DOE Orders and directives on the subject. The applicable DOE Order that specifically addresses Records Management is DOE Order 200.1, entitled Information Management Program. In addition there are other federal regulations governing records management:

• • • • •

Federal Records Act - 44 U.S.C. Chapter 31 - Records Management by Federal Agencies National Archives and Records Administration - 44 U.S.C. Chapter 21 Records Management by the Archivist of the United States and by the Administrator of General Services - 44 U.S.C. Chapter 29 Disposal of Records - 44 U.S.C. Chapter 33 Paperwork Reduction Act - 44 U.S.C. Chapter 35

• • • •

Clinger-Cohen Act - Information Technology Management Reform Act (ITMRA), dated February 10, 1996 Administrative Procedure - 5 U.S.C. Chapter 5 The Freedom of Information Act - § 552. The Privacy Act - § 552a.

DOE Order 200.1 states that contractors shall "manage information management activities in accordance with applicable laws and regulations." The actual authority for requiring DOE contractors to manage records in accordance with federal regulations stems from the Federal Records Act. This Handbook provide instructions on the period of time records should be retained as well as preservation and destruction procedures in order to keep the total volume of active records inhouse to a working minimum. It also provides for the transfer of inactive records that still need to be retained for a period of time according to the DOE order and federal records retention schedules to an offsite records storage facility. Back to Table of Contents II. OBJECTIVES Specific objectives to be met by the Fermilab Records Management Program are to: A. Identify official "records" as opposed to incidental and general work papers, publications, etc. (non-records). B. Maintain a Records Inventory & Disposition Schedules (RIDS) form for each department or group, entering all records and work papers (non-records), and indicating their scheduled disposition according to the appropriate federal retention schedules. C. At all organizational levels, set up a workable system for retaining records and storing inactive records in accordance with FRA-Fermilab policy, DOE Orders and legal requirements. D. Contract for the services of a commercial offsite records storage facility which meets federal fire protection regulations for records storage and which provides for timely and low cost storage and retrieval of records. E. Provide a systematic method for disposition/destruction of outdated records in accordance with the DOE and NARA retention and disposition schedules. F. Establish guidelines for selecting and identifying archival records. G. Provide guidance to field personnel for the periodic disposition of inactive and non-records in the office work areas. H. Respond to DOE Calls for Information on specific records issues and submit replies through the Directorate on behalf of Fermilab as required. I. Provide a communications forum for the dissemination of information to records field personnel on records management issues and policies. Back to Table of Contents III. RESPONSIBILITIES A. PERSONNEL

Fermilab personnel directly concerned with implementing the above policy are:

•

The FILE CUSTODIAN, working with records at the office level

•

The RECORDS COORDINATOR representing each major division or section

•

The RECORDS MANAGER who oversees this function for the Lab

B. WORKING ORGANIZATION 1. The File Custodians are the individuals who are actually creating, maintaining and utilizing the files and/or filing systems in the various departments or groups at Fermilab. There are others who create records within these departments such as technicians, design engineers, experimenters, etc. but the file custodians represent the "first line" of records field personnel. 2. The Records Coordinators are appointed by their Division or Section Head, to whom they are responsible. The Records Coordinator works directly with the Records Manager and also acts as liaison between the Records Manager and the File Custodians providing control and coordination of the Records Management Program at the division level. 3. The Records Manager coordinates the records management program at the laboratory and activities of the Records Coordinators and File Custodians. The Records Manager is responsible to the Head of Business Services for the management of the Fermilab Records Management Program. He or she also works with the lab Archivist in identifying and preserving records of value to the scientific mission of Fermilab. C. DUTIES 1. The File Custodian is responsible for: a. Maintaining files and/or records within the departmental work place. b. Preparing Records Inventory & Disposition (RIDS) forms by identifying, inventorying, and listing all records and non-records in their area in accordance with the applicable Fermilab, DOE and/or federal records schedule. The RIDS form is submitted to the designated division Records Coordinator for review and approval prior to forwarding to the Laboratory Records Manager. c. Preparing records for storage according to instructions contained in this handbook. d. Conducting periodic clean-out/housekeeping campaigns to keep the amount of non-record material stored in the office/work place to a minimum. For a helpful guide, see Exhibit E. e. Maintaining a records management file for records placed in storage or disposed of for that office/work place. 2. The Records Coordinator is responsible for: a. Acting as liaison between the File Custodian(s) and Records Manager and providing assistance to the File Custodian(s) when necessary. b. Performing reviews of the RIDS forms prepared by File Custodian(s) prior to forwarding them to the Records Manager.

c. Acting as the point of responsibility for the records created by that Division or Section, communicating with the Records Manager on issues related to disposition of records series, and the disposal of non records/ inactive records following periods of major personnel reorganizations, etc. 3. The Records Manager is responsible for: a. Managing the Fermilab Records Management program in accordance with Fermilab Policy, DOE Orders and various directives issued by DOE and/or the National Archives and Records Administration (NARA). b. Preparing, updating, and distributing the Fermilab Records Management Program Handbook, which provides information on the retention of records, storage or retrieval, and proper disposition of records. c. Conducting and supervising any DOE Records Inventory or other records searches requested by DOE. d. Maintaining the official Laboratory files on the Records Management Program at Fermilab. e. Maintaining accountability for stored records and summary information on destroyed records. f. Preparation and submittal of Fermilab reports as required by DOE. g. Arranging for off-site storage of inactive records at the area Federal Records Center or commercial storage facilities that meet federal fire protection regulations for racking and storage of records. h. Distribution within the Laboratory of DOE directives regarding Records Management as required. i. Maintaining several databases used to track and document inactive records sent to offsite storage, records temporarily retrieved from the storage facility, and records that have been destroyed in accordance with federal disposition regulations. Back to Table of Contents IV. PROCEDURES A. RECORDS MANAGEMENT HANDBOOK The principal guide for records retention periods is the retention schedules established by the National Archives (NARA) and DOE in support of federal regulations. The Fermilab Records Management Handbook implements DOE Order 200.1 by providing step-by-step instructions for storing, retrieving and disposing of records. Any questions concerning the Handbook or its contents should be referred to the Records Manager. B. OFFICE PROCEDURES 1. Create an index for all files in the work areas, listing them under common categories. The index should be updated regularly and can be used as a finding aid for office filing purposes as well as a basis for identifying the types of records series maintained by the department or group.

2. Set up and maintain a "Records Management" file to include all copies of information and forms concerning records stored, as well as an Index of Files in the department and any current RIDS forms. This will allow for tracking of records that have been stored or disposed of and to review records scheduled for destruction. 3. Conduct periodic Clean-Out Campaigns to keep the amount of non-record material stored in the office to a minimum, and to remove record material to a records storage facility when the records are no longer active but need to be kept in accordance with the DOE or federal retention schedules. 4. As employees leave the department, are transferred or retire, coordinate their exit activities to identify records that require retention and make arrangements to transfer these to other employees who will be responsible for them or to send them to inactive records storage if required. C. RECORDS RETENTION SCHEDULES Guidelines to determine the periods of time records are required to be maintained can be found in several retention schedules: General Records Schedules (GRS) A set of record schedules published by NARA (The National Archives and Records Administration) providing retention schedules for records common to most or all Federal agencies. DOE Administrative Records Schedules (DOE ADMIN) provides for the disposal of DOE records that are common throughout the Department and are normally associated with administrative matters rather than program issues. DOE Research and Development (R&D) Records Schedule encompasses the records generated from research and development, scientific study and mission specific programs within DOE and its contractor community. Fermilab Site Specific Records Schedules A set of Fermilab site-specific records retention schedules is evolving to address records retention issues that are NOT included elsewhere in other schedules, or to specify retention periods which Fermilab has determined that best meet its operating and business requirements. However, it is a requirement that DOE approve the site-specific schedules generated by its contractors. It should be noted that these schedules are unique and specific to each laboratory or DOE facility. D. UNSCHEDULED RECORDS If a record series cannot be found under the categories and descriptions provided in the above Records Schedules, it is necessary to request a disposition for that series of records. The Records Inventory form (EXHIBIT F) should be filled out providing the information requested for each series of records that needs to be scheduled. This information should be as detailed as possible to correctly identify the records and to assist in determining the period of time the records need to be retained. Forward the completed Records Inventory form to the Records Manager. The description of the records and the retention period will be entered into the Fermilab Site Specific Records Schedule and forwarded to the DOE Chicago office for processing to secure DOE approval of the site specific schedule. Upon approval by DOE and NARA, the schedule will be distributed to records field personnel for inclusion in their handbook.

Unscheduled records cannot be disposed of. If you are unsure whether a record series is scheduled or unscheduled, contact the Records Manager who can assist you. E. REVIEW OF PROPOSED 'DRAFT' RETENTION SCHEDULES Periodically, the Fermilab Records Manager is asked to review new proposed records retention schedules that are being drafted by DOE or NARA for implementation by its agencies and/or contractors. It is the policy of the Fermilab Records Manager to forward copies of any pertinent proposed schedules to the groups within the Laboratory who might be affected. Their input is critical to assist in the identification of these records and to determine whether or not the proposed retention periods are feasible or not. These proposed drafts are generally forwarded to the Records Coordinators to obtain replies from their divisions or sections. F. RECORDS INVENTORY & DISPOSITION SCHEDULE (RIDS) FORM A Records Inventory & Disposition Schedule (RIDS) form should be submitted to the Records Manager by each division and on request will be updated periodically. The key word above is "Inventory." Once filled out, it will aid in identifying the type and quantity of records in a given work area, as well as specifying the required retention periods for these records. This will be of assistance when conducting clean-out campaigns, in orienting new personnel, and when filing records as part of a job function. Blank RIDS forms can be obtained from the Records Manager and are included as an attachment to this Handbook under EXHIBIT A. The following paragraphs are key numbered according to the section numbers on the form. (1) Number & Page - Enter as appropriate. (2) Organizational Unit: Enter the office/department name. (3) Enter date of preparation of form. (4) Signatures Enter the name(s) of the person(s) signing below the lines for "Prepared By" and "Approved By." The File Custodian or person preparing the RIDS form should sign the "Prepared By" line. The Records Coordinator should sign on the "Approved By" line. The Division/Section Head or their designee should signed on the "Division/Section Head" line if they choose to be included in this approval chain. (5) Item No. Sequentially number the items listed on the form. (6) Filing Series Title, Description, and Location of file, and inclusive dates: Enter the name of the file (or record series) together with a brief description of its contents. Inclusive dates are always useful. (7) Disposition Authority: a. Enter the retention schedule and paragraph that applies, i.e. DOE Schedule 6, paragraph 1. b. If there is no schedule that accurately describes the record series, enter "To Be Scheduled" in the column in place of Disposition Authority.

(8) Authorized Disposition Instructions: Enter the retention period indicated in the retention schedule (i.e. 6 years, 3 months). (9) Transfer Instructions: Enter the transfer instructions, if any. (Example: Hold in office for 3 years, transfer to records storage for 3 years, 3 months). After the form has been completed and the proper departmental signatures are affixed, forward to the Records Manager for review and approval. Be sure to maintain a copy of the RIDS form in the "Records Management" file maintained in the department or office workplace. G. STORING RECORDS Fermilab contracts with offsite commercial records storage facilities to provide for storage of inactive records. To store records at the offsite storage facility, the File Custodian or Records Coordinator should follow these steps:

•

Use only the official records storage boxes from the stockroom, Stock No. 1350-0285 (Pkg./12).

Note: Records packed in "Xerox" or other unofficial cartons cannot be stored at the offsite facility. Records with different retention dates should not be packed together. If the individual disposal dates vary, then the entire box will be kept until the date of latest disposition. Efficient packing will alleviate records storage volume and keep storage costs low.

•

The boxes should be sealed with clear packing tape (not DUCT tape) and clearly marked with the department's box number. Do not use the same number more than once. Each box should have its own individual number so there will be no confusion when attempting to retrieve records.

•

Complete the Records Storage & Disposition (RSD) form as indicated in EXHIBIT B. Instructions for completing the form are contained on the reverse side. If additional forms are required, they can be copied from Exhibit B or obtained from the Records Management office.

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Keep a detailed back-up list of all files contained in the boxes in the event it is necessary to retrieve a file in the future, or enter as much detail into the description column (3) on the form so it will be easier to identify.

Note: The information provided is entered electronically into a database maintained by the Records Management office. The amount of detail placed in this database is an exact copy of the detail provided on the RSD form. The level of detail in the description should be sufficient to easily identify the record so that database searches can be conducted at a later date if it is necessary to retrieve the box. This is especially true in the case of scientific or R&D records which might be retrieved at a much later date by the person originating the storage or by someone who may inherit the records. In some cases this could conceivably span a period of ten years or more.

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Once the form has been completed, it should be forwarded to the Records Manager. The individual box numbers will be entered into a database for tracking and identification purposes. The form is then returned to the individual requesting the storage with labels for each box. These labels show the specific department box number as well as the records management number under which the boxes will be stored.

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Complete the Material Move Request form (available from the Laboratory Stockroom) in accordance with the example shown in EXHIBIT C. A template of this form usually accompanies the labels, referencing the name of the records storage facility and the current purchase order number covering the storage contract.

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Each Material Move Request must be signed stating whether or not the box has been checked for radioactivity before it is shipped. In most cases, the boxes will probably be non-hazardous and non-radioactive unless they have been in a beam enclosure or possible radiation exposure area. Sections or Divisions may have different policies for completing this part of the Material Move Request so your Division or Section Radiation Safety Officer can provide information about the signature policy. A signature and an indication of "yes" or "no" must be on the form for the boxes to be moved.

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The pink copy of the Material Move Request form should be attached to the RIDS form and maintained in the workplace. The yellow copy should be sent to the Records Manager at MS 109. The remaining copies should accompany the boxes for transmittal to the records facility.

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An Input Manifest will often accompany the labels. This document is for internal use only by the records storage facility to enter data electronically into their database for tracking and retrieval of records. Nothing has to be done with this Manifest except to staple it to the Material Move Request that ships with the records boxes.

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Call Dispatch at ext. 3132 to arrange for pickup and to take the boxes over to the Shipping Department.

H. RETRIEVAL OF STORED RECORDS: The offsite Records Storage Facility is secured and access is allowed to authorized personnel only. For this reason any request for retrieval of a box must be coordinated through the Records Manager. The entire sealed records box will be delivered to the requestor's specified onsite location. Our retrieval service provides standard delivery on Thursdays. Your retrived box will be returned to your physical location or to the office you indicate. To request retrieval of your record box, send an email to [email protected] with the RM box number(s) no later than Wednesday by 3:30 p.m for delivery on Friday. Emergency service is available upon request. There is a designate in case the Records Manager is away from the office. Contact the Business Services Section office to request service in the absence of the Records Manager. The Records Management office maintains a database for Records Temporarily Retrieved from Storage, noting the box numbers retrieved, the name of the requestor, the date and any other pertinent information related to the retrieval. This database is reviewed quarterly and reminders sent to those requestors who remain in possession of retrieved boxes after three months. I. RETURNING RECORDS TO STORAGE FOR REFILING:

Before records can be returned to the offsite Records Storage Facility, a Material Move Request form will needed to be completed for a radiation check and a completed Input Manifest form must accompany the box(es). The Input Manifest is available through the Records Management office. The Dispatch office will pick up the boxes from the requestor's physical location. The Records Management office will make any adjustments in the database for Records Temporarily Retrieved from Storage to reflect the return of these boxes to storage. J. TRANSFER OF RECORDS TO FEDERAL RECORDS CENTERS (FRC's) The facilities of the Department of Archives, Federal Records Centers are available for the storage of records that have a long-term or permanent retention. There are several drawbacks to using the Federal Records Center in Chicago:

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It fails to meet federal fire protection regulations for the storage and racking of records.

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As of the year 2000, all DOE offices or contractors storing records at FRC's prior to their legal transfer to the National Archives will be charged for storage. These fees are generally higher than those for a commercial records facility.

Fermilab has elected to keep its longer-term records at commercial facilities that meet the fire protection requirements and where costs are lower. "If" records are transferred to the FRC, the action will be coordinated between the Fermilab Records Manager and the Federal Records Center K. DISPOSITION/DESTRUCTION OF STORED INACTIVE RECORDS Twice annually, the Records Management Office reviews its database of inactive stored records and compiles a list of boxes scheduled for destruction based on the type of record and its retention date. Prior to destruction, the person who originally stored the records will be notified of the proposed disposition and requested to concur with such disposition within a specified period of time. This serves as a check to verify that correct disposition of the records is being made. In the event it is determined that the records should not be destroyed, the Records Manager, in conjunction with the requestor, will discuss the reason for the additional retention and modify any database information accordingly. If the proposed destruction of records is appropriate, the requestor will be asked to sign the Disposal Authorization form (Exhibit D), which is then returned to the Records Manager. The Records Management office will instruct the commercial records storage facility to dispose of the boxes and the Records Management office maintains a copy of the memo authorizing the destruction. In addition, the commercial storage facility provides a Certificate of Destruction to the Records Management office once the destruction has taken place. A separate database is maintained by the Records Management office listing all destroyed records by box number, date and by requestor. No inactive records will be destroyed without written permission from the person who originally stored the records or the Records Coordinator for that division if the person is no longer available to do so.

L. CONDUCTING HOUSE CLEANING OF NON RECORDS Exhibit E has been provided for guidance and lists nonrecord material that can be safely disposed of in-house after it is no longer needed for routine business. Most periodicals, newspapers, manuals fall into this category. If there are any questions concerning what is a "record" and what is a "nonrecord," guidance is available from the Records Management Office. It has been the custom of this office to lend direct field supervision during major reorganizations and house cleaning campaigns to confirm what needs to be maintained and what can be disposed of safely. To schedule such a visit, call the Records Management office. Back to Table of Contents V. How long should I keep records or Accessing the DOE website for the Records Retention Schedules The Department of Energy now provides the federal and DOE specific Records Retention Schedules online at the following website: http://cio.energy.gov/recordsmanagement/disposition.htm The primary retention schedules used by Fermilab are: DOE Administrative Records Schedules that provide for the disposition of DOE records associated with administrative matters. (Replaced what we referred to previously as the GRS schedule). http://cio.energy.gov/records-management/adminrs.htm DOE Research and Development (R&D) Records Retention Schedule that encompasses research and development (R&D) records generated within the Department of Energy (DOE) complex and its contractor organizations, such as national laboratories. These are generally mission-specific records dealing with program records, records of experiments, etc. http://cio.energy.gov/records-management/doeprs.htm DOE Draft Environmental Records Schedule provides for the disposition of all DOE environmental records created or received to comply with or needed to support compliance with Federal and state laws and implementing regulations. This is still in draft form. http://cio.energy.gov/records-management/doeprs.htm By clicking on the Schedule title shown on the web page, you will then see a new screen with the index for each and can work your way to the retention paragraph you are searching for. "Finds" can be conducted easily as well (using the Control F keys on your keyboard). Contact the Fermilab Records Management office if you want a hardcopy of these schedules (which can be printed from the website) or if you are unable to find a retention period for your records. If you cannot find the retention schedule for a series of records, please contact the Records Management Office. Back to Table of Contents VI. EPI Moratorium The moratorium preventing us from destroying certain specific series of records is still in effect. The list of these records covers a broad range of subjects. These records have been determined to be useful in identifying employees, the locations where they worked, or conditions under which they worked and may also contain information

regarding radiation protection programs, human experimentation with radiation and/or the releases of radiation into the atmosphere. Before making the decision to authorize the destruction of any records, please check them against the list that follows. Should the volume of these records become an issue in the workplace (i.e. taking up too much space), they can be stored offsite by using the procedures described under Section G of this Handbook, Storing records. If there are any questions about how to interpret this index or about the moratorium, please contact the Fermilab Records Manager. Exhibits A through G To view the Exhibits A through G, please contact the Records Coordinator for your Division or Section or the File Custodian for your department. The list of coordinators and custodians is shown on the Records Management home page.

Office Management Need of Office Management : Invoicing is an integral part of office management; without the invoicing, there's no office to manage!

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Process management system makes businesses more competitive Good business process management is crucial to a business and its operations. The process management system makes business competitive and cost effective in conducting trade.

Office management is an integral part of general management. Office management is the planning, organizing and controlling of office work and of their performing it so as to achieve the predetermined objectives. The word 'manage' is derived from French word ‘manege’ which means managing a horse. The dictionary meaning of the word manage is to conduct, to control or to administer. According to Leffingwell and Robinson, `Office management is that branch of the art and science of management which is concerned with the efficient performance of office work, whenever and whatever that work is to be done.’ From the above definition, it would be clear that office managements directs the office personnel and is concerned with the planning, organizing, co-ordination, motivation and central of office work. Since the process of office management is similar to the general process of business management, thus the office management performs functions similar to those performed by management. They have been summarized as follows:

i) Planning: Planning is the basic function of office management. It is concerned with declining in advance what is to be done and how it is to be done. To plan is to produce a scheme future action. ii) Organizing: The function of organizing office activities refers to the certain of a structure of duties and functions of the office personnel to achieve the objectives of the enterprise. Organization thusis concerned with activity-authority relationship. iii) Staffing: Staffing is the executives function which involves the recruitment, selection, compensating, training, promotion and reference of sub-ordinate managers. Office management also involves this process. iv) Directing: The process of direction refers to the way an executive issues instructions to his subordinates and otherwise indicates what it is that should bedone. Direction can thus be regarded as the process of guiding and supervising subordinates. Front Office Management for the Veterinary Team Amazon Price: $53.96 List Price: $59.95 Value Stream Management for the Lean Office Amazon Price: $35.00 List Price: $51.95 v) Co-ordinating: It is also the function of office to establish co-ordination between employer and employee so that production may increase. Lack of co-ordination may have an adverse impact on the efficiency• of management and may even prove to be cause of the failure of a business enterprise. vi) Controlling: The managerial function of control is the measurement and correction of the performance of subordinates in order to make sure that enterprise objectives and the plans devised to attain them are accomplished. vii) Motivating: Motivating is an extremely complex problem since it is linked with human beings. Motivation means inducing subordinates to work with zeal and gusto and cooperate for achieving the objectives of the organization. In the above discussion it can be said that the function of office management is very wider and broader. Under the scientific office management the management has to assume four great works and responsibilities which are known as principles of scientific office management. These principles are given below: a) The most important of principles scientific office management is the development of science of each man's work to replace the rule-of-thumb knowledge of the employee. Under this principle the management condenses the great mass of traditional knowledge and then records, tabulates, and reduces this knowledge to rules, lairs and formula. b) The second essential principle of scientific office management is the proper selection and training of the employee. The competent men should be recruited and given training to do the job efficiency. c) The development of hearty and friendly co-operate between the management and the workmen at various levels of operation are other essential principles of scientific office management.

d) Equitable division of the work and the responsibility between the management and the employees. The management should work side by side with the employee in order to help, encourage and guide the workers in doing the job.