Maternity, Gratuity & Wages Acts — Set 11
Labour Laws · प्रसूति, ग्रेच्युटी और मजदूरी अधिनियम · Questions 101–110 of 160
Under the EPF Act, what happens to the EPF amount if an employee dies while in service?
Correct Answer: B. It is paid to the nominee or legal heirs
Under the EPF Act and the Employees' Provident Fund Scheme 1952, if an employee dies while in service, the full EPF accumulation (employee contribution + employer contribution + interest) is payable to the nominee or legal heirs. Additionally, the nominee/legal heirs are also entitled to claim the insurance benefit under the EDLI Scheme. The claim must be submitted to the EPFO within the prescribed time.
The Payment of Bonus Act 1965 was based on recommendations of which commission?
Correct Answer: B. First National Commission on Labour
The correct answer is First National Commission on Labour. The Payment of Bonus Act 1965 was based on the recommendations of the First National Commission on Labour (Giri Commission/Bonus Commission) and the Supreme Court's decision in the Crown Aluminium Works case, which established a formula for calculating the allocable surplus from which bonus should be paid. The Act replaced the earlier system of discretionary bonus payments with a statutory right to bonus. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the Payment of Wages Act, unauthorized deductions from wages can be challenged within which time period?
Correct Answer: B. 3 months
Under Section 15 of the Payment of Wages Act, an application for the recovery of wages or compensation for deductions shall be presented within three months from the date on which the deduction was made or from the date on which the payment of wages was due but not made. After three months, the claim becomes time-barred. However, the authority can condone the delay if sufficient cause is shown.
Under the Payment of Wages Act, the amount of fine imposed on a worker in any wage period cannot exceed what percentage of total wages for that period?
Correct Answer: C. 3%
Section 8 of the Payment of Wages Act states that the total amount of fine imposable in respect of any one wage period shall not exceed an amount equal to three per cent of the wages payable in respect of that wage period. This limits the total fines to 3% even if multiple violations occur in a single wage period. Fines must be recovered within 60 days and maintained in a separate fines fund.
The Employees' Compensation Act 2010 (formerly Workmen's Compensation) covers which type of workers?
Correct Answer: C. Workers in specified industries including construction, transport, and hazardous occupations
The Employees' Compensation Act 2010 covers workers employed in any capacity including clerical, listed in the Schedule to the Act. The schedule includes railway servants, persons employed in mining, factory, construction, transport, and many other hazardous occupations. Unlike ESI, which covers lower-wage workers in specific establishments, this Act has wider geographical coverage but is more relevant for workers in risk-prone occupations.
The concept of 'set on' and 'set off' under the Payment of Bonus Act refers to which aspect?
Correct Answer: B. Carry forward of excess allocable surplus or deficit for bonus purposes
The Payment of Bonus Act contains provisions for 'set on' and 'set off'. If the allocable surplus exceeds the maximum bonus payable (20%), the excess is 'set on' and carried forward for distribution in future lean years. If the allocable surplus is less than the minimum bonus (8.33%), the excess payment is 'set off' and carried forward as a debit for future years. This ensures bonus payment continuity.
Under the EPF Act, the employer must deposit the PF contributions within how many days of the wage period?
Correct Answer: B. 15 days
Under the EPF Act, the employer must deposit both the employee's and employer's PF contributions to the EPFO within 15 days of the close of every month (wage period). Failure to deposit contributions on time attracts damages at rates ranging from 5% to 25% of the arrears depending on the period of delay. Willful non-payment can also lead to prosecution and imprisonment.
What is the significance of Payment of Wages in Indian labour law?
Correct Answer: C. Worker protection
The correct answer is Worker protection. Payment of Wages is a crucial aspect of Indian labour law designed to protect worker interests and ensure fair practices in employment. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
The Maternity Benefit Act was first enacted in which year?
Correct Answer: C. 1961
The Maternity Benefit Act was enacted in 1961. It consolidated and amended the law relating to maternity benefit for women employed in certain establishments. Before the central Act, some states had their own maternity benefit legislation. The central Act brought uniformity in maternity benefits across the country. The Act has been significantly amended in 2017 to provide enhanced protections.
Under the Maternity Benefit Act, what is the maximum maternity leave for women having their first or second child?
Correct Answer: D. 26 weeks
After the Maternity Benefit (Amendment) Act 2017, the maternity leave for women having their first or second child was extended from 12 weeks to 26 weeks. This is among the highest maternity leave entitlements in the world. For the third child onwards, or for women who already have two or more surviving children, the entitlement is 12 weeks. This applies to all establishments covered under the Act.