Bakground of wages act

Background A tripartite Committee Viz.,"The Committee on Fair Wage" was set up in 1948 to provide guidelines for wage structures in the country. The report of this Committee was a major landmark in the history of formulation of wage policy in India. Its recommendations set out the key concepts of the `living wage', "minimum wages" and "fair wage" besides setting out guidelines for wage fixation. Article 39|- The State shall, in particular, direct its policy towards securing (a) that the citizen, men and women equally shall have the right to an adequate livelihood and (b) that there is equal pay for equal work for both men and women. Article 43 |- The State shall endeavour, by suitable legislation or economic organisation or in any other way, to give all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure, and social and cultural opportunities. Enactment of the Minimum Wages Act Historical Backdrop * The initiative started with the resolution placed by one Shri K.G.R.Choudhary in 1920 for setting up Boards for determination of minimum wages in each industry. * The International Labour Conference adopted in 1928 Convention No.26 and Recommendation No. 30 relating to wage fixing machinery in trades or parts of trades. * On the recommendation of the Standing Labour Committee and Indian Labour Conference, a Labour Investigation Committee was appointed in 1943 to investigate into the question of wages and other matters like housing, social conditions and employment. * A draft bill was considered by the Indian Labour Conference in 1945. * The 8th meeting of the Standing Labour Committee recommended in 1946 to enact a separate legislation for the unorganised sector including working hours, minimum wages and paid holidays. * A Minimum Wages Bill was introduced in the Central Legislative Assembly on 11.4.46 to provide for fixation of minimum wages in certain employments. It was passed in 1946 and came into force with effect from 15.3.48. Under the Act, Central and State Governments are appropriate Governments to (a) notify scheduled employment (b) fix/revise minimum wages The Act contains list of all these employments for which minimum wages are to be fixed by the appropriate Governments. There are two parts of the Schedule. Part I has non-agricultural employments whereas Part-II has employment in agriculture. Criteria for notification of scheduled employment The appropriate Government fixes the minimum wage in respect of only those scheduled employments where the number of employees is 1000 or more. Fixation/revision of minimum wages Norms The norms include those which were recommended by the Indian Labour Conference in its session held in 1957 at Nainital. (i) 3 consumption units for one earner. (ii) Minimum food requirements of 2700 calories per average Indian adult. (iii) Clothing requirements of 72 yards per annum per family. (iv) Rent corresponding to the minimum area provided for under Government's Industrial Housing Scheme. (v) Fuel, lighting and other Miscellaneous items of expenditure to constitute 20% of the total Minimum Wages. Other parameters (i) "Children education, medical requirement, minimum recreation including festivals/ceremonies and provision for old age, marriage etc. should further constitute 25% of the total minimum wage." This judgment was delivered by the Supreme Court of India in 1991 in the case of Reptakos Brett and Co.Vs.its workmen. (ii) Local conditions and other factors influencing the wage rate. Methods for fixation/revision of minimum wages Fixation Section 3 empowers appropriate Government to fix the minimum rates of wages in the scheduled employments. Revision Revise the Minimum rates at an appropriate interval of not exceeding five years. Procedure for Fixation/Revision In Section 5 of the Minimum Wages Act,1948, two methods have been provided for fixation/revision of minimum wages. They are Committee method and Notification method. Committee Method Under this method, committees and sub-committees are set up by the appropriate Governments to hold enquiries and make recommendations with regard to fixation and revision of minimum wages, as the case may be. Notification method In this method, Government proposals are published in the Official Gazette for information of the persons likely to be affected thereby and specify a date not less than two months from the date of the notification on which the proposals will be taken into consideration. After considering advice of the Committees/Sub-committees and all the representations received by the specified date in Notification method, the appropriate Government shall, by notification in the Official Gazette, fix/revise the minimum wage in respect of the concerned scheduled employment and it shall come into force on expiry of three months from the date of its issue. Variable Dearness Allowance (VDA) It was recommended in the Labour Ministers' Conference held in 1988, to evolve a mechanism to protect wages against inflation by linking it to rise in the Consumer Price Index. The Variable Dearness Allowance came into being in the year 1991. The allowance is revised twice a year, once on 1st April and then on 1st October. In the State Sphere, 22 States/Union Territories have provisions for Variable Dearness Allowance, at present. Enforcement Machinery The enforcement of the provisions of the Minimum Wages Act in the Central Sphere , is secured through the officers of Central Industrial Relations Machinery. In so far as State Sphere is concerned, the enforcement is the responsibility of the respective State Government/Union Territory. National Wage Policy Though it is desirable to have a National Wage Policy it is difficult to conceive a concept of the same. The National Wage Policy has been discussed on many occasions in different fora. Because fixation of wages depends on a number of criteria like local conditions, cost of living and paying capacity also varies from State to State and from industry to industry, it would be difficult to maintain uniformity in wages. The Indian Labour Conference, held in November, 1985 expressed the following views- “Till such time a national wage is feasible, it would be desirable to have regional minimum wages in regard to which the Central Government may lay down the guidelines. The Minimum Wages should be revised at regular periodicity and should be linked with rise in the cost of living” Accordingly, the Government issued guidelines in July, 87 for setting up of Regional Minimum Wages Advisory Committees. These Committees renamed subsequently as Regional Labour Ministers’ Conference, made a number of recommendations which include reduction in disparities in minimum wages in different states of a region, setting up of inter-state Coordination Council, consultation with neighbouring States while fixing/revising minimum wages etc.

Disciplinary & Grievance Procedures

Disciplinary procedures: easy when you know what you're doing, but a costly & bureaucratic nightmare when you don't tick all the right boxes during the process. Getting a clear set of disciplinary rules in place for your organisation isn't difficult, and then following these when the need to go through a disciplinary process arises can save a lot of trouble in the longer-term.

Despite the frequency of errors in following disciplinary rules, applying these shouldn't be difficult, or particularly time-consuming... and there's plenty of support available from Employment Law Clinic, including a convenient flowchart that reminds you of each step, with a summary guide of the points you'll need to consider as you go through the disciplinary process.

Grievance procedures are similar to disciplinary procedures, and are often included in the same company policy. The main difference is that for disciplinary matters, the employer is not happy about the conduct of an employee and will be contemplating action against them; for grievances, the employee is not happy about something related to their employment, and will be looking for something to be done by the employer.
Disciplinary & Grievance Policies in Your Business

Most (but despite the legal requirement for these, not all) employers do have Disciplinary & Grievance Procedures in place. The problems for small businesses often arise from the infrequency with which these need to be considered, and then ensuring the documents are relevant & compliant with the current standards - the ACAS Code of Practice.

Even assuming all points are satisfied, employers will often try to issue a disciplinary penalty in haste, and then think about the need to comply with their own rules & attempt to make the disciplinary process fit their decisions.

In other instances, employers will be thinking about dismissing an employee, and then both try to ensure the disciplinary process leads to this preconceived outcome & the result is achieved as quickly as possible.

Both of these approaches, as well as the various other practices employers adopt, invariably only ever cause unnecessary complications and serve no interest to the business. If the desired result (dismissal or otherwise) is the appropriate action, following the right steps will lead to this, with the decisions reached at the right stage in the disciplinary process, and so protecting the interests of the business at the same time.

With grievances, employers often see an employee as simply being disgruntled, making a fuss about nothing, perhaps assuming the employee does not even understanding what it is they are complaining about. However, for the employee the matter is obviously important, and therefore there's a responsibility on the employer to consider the grievance and treat it seriously.

For clients of Employment Law Clinic, we can be on-hand to discuss the various stages with you, ensuring these are done as promptly & efficiently as possible. If you want to discuss the option of a telephone advice service, please call us on 020 3239 0569 or consider any convenient option to contact us.
About Disciplinary Procedures

Disciplinary rules & procedures are there to ensure the effective operation of your business, setting standards for performance and conduct, and how you will address the matter when the need arises.

Disciplinary procedures should always be designed to encourage & promote improvement where necessary, and not be weighted towards sanctions - sanctions, including dismissal, will be a possibility in the most serious cases, but these would normally be the exception, and certainly not relevant in every case; the procedures should be a key management tool, there to promote good management & good standards among your staff.

The disciplinary rules & procedures will often be unique to your company, reflecting what is necessary in your business. However, common points to include will be:

* when & how the disciplinary procedures will be applied;
* who will be involved in disciplinary action, and the possible outcomes;
* the appeals procedure.

The rules will also cover the type of areas for which the disciplinary procedure might be applied, which could include:

* general conduct;
* timekeeping;
* attendance;
* personal use of business equipment (including use of telephones, internet, stationery).

This list will not normally include every possible point for which disciplinary action could be necessary, but it should give a clear indication to employees on the types of areas for which the disciplinary procedures might be used.
About Grievance Procedures

A grievance can be a complaint, a concern, or a problem an employee has about their employment. As it can be in no-one's interest for something of this nature to be ignored, it is appropriate that all employers have a formal grievance procedure in place.

Dealing with most grievances can be quick & easy, and should not require much in the way formality – a private chat will often suffice to identify the problem, from which point the employer will often be able to provide reassurances, or address the matter of concern to the employee. Nonetheless, an option should exist for more formal steps for those occasions the matter is not resolved so easily.

Employers are expected to treat all grievances seriously, and take what action may be appropriate to resolve the matter. This does not mean that all employees' grievances must be upheld or settled in the manner favoured by the employee, but the employer should at least to consider the grievance and decide if anything practical can be done to appease the employee.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The consequences of dismissal without enquiry

It is believed that such an ultimate weapon would be used by an employer only in case of gross violation of the rules and employment contract. It is cardinal to the natural justice principles that wherever the employee is dismissed, it is done after conducting a detailed enquiry and based on the findings thereon. Not only does this give the employee an opportunity to mount a defence, it is also good for the employer for better implementation of such a dismissal order.

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An overview of the industrial dispute settlement machinery

INTRODUCTION

The Industrial Disputes Act, 1947, is an endeavour on the part of the government to

regulate industrial relations in India. This legislation is designed to ensure industrial

peace by recourse to a given procedure and machinery for investigation and

settlement of industrial disputes. Its main objective is to provide for a just and

equitable settlement of disputes by negotiations, conciliation, mediation, voluntary

arbitration and compulsory adjudication instead of by trial of strength through

strikes and lockouts.

As state governments are free to have their own labour legislation, a few

states like Uttar Pradesh, Madhya Pradesh, Gujarat, Rajasthan and Maharashtra have

their own legislations for settlement of industrial disputes in their respective states.

The Uttar Pradesh legislation is known as the Uttar Pradesh Industrial Disputes Act,

1947, and that of other states as Industrial Relations Act. In these states the

Industrial Disputes Act is applicable to industries not covered by the state

legislations.

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Working and Pregnant? Know Your Rights

You are eight months pregnant and planning to take leave from work. Now, you vaguely remember some benefits that you are eligible for. But the details evade you.

If only you had listened more carefully during the induction! Don't sweat... here is a quick look at the Maternity Act and the benefits it has to offer.

The Maternity Benefits Act, 1961 states:

A pregnant working woman is entitled to six weeks of paid leave. An employer cannot knowingly employ her in any work during the six weeks that starts from the day of delivery. However, if she herself were to request the permission to work before or after delivery, then she should not be assigned any arduous jobs or made to stand long hours.

When you take your six weeks of leave is really up to you. For example: you could take three weeks before your due date and the rest after delivery.

The six weeks are compulsory. However, the maximum number of days may vary according to the policy of an organisation. Some companies offer anywhere between three to six months leave.

"If you have any casual leave or compensatory offs pending, you can use them during this period,"

Benefits

According to the Act, six weeks of paid leave is mandatory. However, if your organisation allows more than six weeks,whether you will be paid for the days beyond six weeks depends on company policy.

If you earn less than Rs.10,000, your company may offer you the State Employees Insurance scheme (ESIC). It is a government scheme, wherein a small amount will be cut from your salary every month.

If you are eligible for ESIC, then the maternity leave provided by your company will be unpaid. Instead, you will have to claim the amount from the ESIC office in your city. However, all the legwork will have to be done by you.

The ESIC cannot be exchanged for the monetary benefits provided by the company.

Eligibility

The Act is applicable to all women working in any establishment.

However, to be eligible, you need to have worked in an organisation for at least 80 days before your due date.

Notice

To avail the leave and benefits, you need to submit a written notice to your employer. The notice date should start from when you are going on leave.

You may give the notice before or soon after delivery.

It also depends upon the company policy. Some organisations ask for a notice before you take leave.

Even if you forget to submit the notice, you can still claim the maternity benefit. "It is advisable to have it in writing. It can be used as proof in court in case of any discrepancy,"

Dismissal on Account of Pregnancy

When you are on maternity leave, your employer may not discharge or dismiss you from work. It is equally wrong if your employer were to change any of the conditions or terms of your service to your disadvantage without your knowledge during the leave period.

Even if you were to be dismissed, you are still entitled to receive the maternity benefit or bonus.

The employer has the right to terminate your services if you indulge in any gross misconduct such as disclosing confidential company information for personal gains or stealing company documents. In this case, you may have to forfeit the Act benefits as well.

However, if you are fired during the leave period on unjust reasons (such as absence from work due to pregnancy or for requesting a flexible working time), then you can take legal action against your employer.

In any such event, file a case in the Industrial and Labour court. The court will then issue a notice to the employer.

"Depending upon the case, the court will decide on a suitable monetary compensation," explains Madon. Apart from the pay, the employer can also be imprisoned for up to three months.

The Maternity Benefits Act is a beneficial tool for all pregnant working women. However, it is up to you to take advantage of it.

CONTRACT LABOUR IN INDIA

BACKGROUND

1. Contract Labour is a significant and growing form of employment. It is prevalent in almost all industries, in agriculture and allied operations and in service sector. It generally refers to workers engaged through an intermediary and is based on a triangular relationship between the user enterprises, the contractor (including the sub contractor) and the workers. These workers are millions in number and generally belong to the unorganised sector. They have very little bargaining power, have little or no social security and are often engaged in hazardous occupations endangering their health and safety. They are often denied minimum wages and have little or no security of employment. On the other hand, reasons like sporadic nature of work, difficulty in ensuring closer supervision by the employer or cost effectiveness, flexibility in manpower deployment, concentration in core competencies etc. justify the system of contract labour.

2. Recognising the need for protecting the interest of contract labour, the Contract Labour (Regulation and Abolition) Act, 1970 was brought on the Statute Book to regulate the employment of Contract Labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

3. The Contract Labour (Regulation and Abolition) Act, 1970 Act and the Contract Labour (Regulation and Abolition) Central Rules, 1971 came into force on 10.2.71. The Constitutional validity of the Act and the Central Rules was challenged before the Supreme Court in Gammon India Limited Vs. Union of India 1974-I-LLJ-480. The Supreme Court upheld the constitutional validity of the Act & Rules and held that there is no unreasonableness in the measure. The Act & Rules were enforced w.e.f. 21.03.1974.

PROVISIONS OF THE ACT & THE PRESENT STATUS

4. The Act applies to every establishment/contractor in which 20 or more workmen are employed or were employed on any day in the preceding 12 months as contract labour and to every contractor who employs or who employed on any day of the preceding 12 months, 20 or more workmen. It does not apply to establishments where the work performed is of intermittent or seasonal nature. An establishment wherein work is of intermittent and seasonal nature will be covered by the Act if the work performed is more than 120 days and 60 days in a year respectively. The Act also applies to establishments of the Government and local authorities as well.

Appropriate Government

5. The jurisdiction of the Central and State Government has been laid down by the definition of the ‘Appropriate Government” in Section 2(1)(a) of the Act, as amended in 1986. The Appropriate Government, in respect of an establishment under the Contract Labour (Regulation and Abolition) Act, 1970 is the same as that in the Industrial Disputes Act, 1947.

The Central and State Advisory Boards

6. The Central Government and State Governments are required to set up Central and State Advisory Contract Labour Boards to advise the respective Governments on matters arising out of the administration of the Act as are referred to them. The Boards are authorised to constitute Committees as deemed proper.

7. The Central Advisory Board- a tripartite Body was reconstituted on 24^th June 2002 and the non-official members hold office for a term of three years. The Chairman of the Board was appointed on 10^th June 2005 for a period of three years. Seventy-three meetings of the Central Advisory Contract Labour Board (CACLB) have been held so far. The last meeting was held on 2^nd June, 2008. The re-constitution of the CACLB as well as the nomination of the Chairman is under process.

8. The existing Central Advisory Contract Labour Board has held four meetings during 2007-2008 under report and considered various issues relating to abolition of contract labour system in certain establishments. The working of the Act was also reviewed in this meeting.

Registration

9. The establishments covered under the Act are required to be registered as principal employers with the appropriate authorities. Every contractor is required to obtain a licence and not to undertake or execute any work through contract labour, except under and in accordance with the licence issued in that behalf by the licensing officer. The licence granted is subject to conditions relating to hours of work, fixation of wages and other essential amenities in respect of contract as prescribed in the rules.

Facilities for Contract Labour

10. The Act has laid down certain amenities to be provided by the contractor to the contract labour for establishment of Canteens and rest rooms; arrangements for sufficient supply of wholesome drinking water, latrines and urinals, washing facilities and first aid facilities have been made obligatory. In case of failure on the part of the contractor to provide these facilities, the Principal Employer is liable to provide the same.

Payment of Wages

11. The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorised representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same. The contract labour who performs same or similar kind of work as regular workmen, will be entitled to the same wages and service conditions as regular workmen as per the Contract Labour (Regulation and Abolition) Central Rules, 1971.

Penal Provisions

12. For contravention of the provisions of the Act or any rules made thereunder, the punishment is imprisonment for a maximum term upto 3 months and a fine upto a maximum of Rs.1000/-.

Other Provisions

13. The Act makes provisions for the appointment of Inspecting staff, for maintenance of registers and records and making of Rules for carrying out the purpose of the Act. In the central sphere, officers of the Central Industrial Relation Machinery (CIRM) have been appointed as Inspectors.

Prohibition

14. Apart from the regulatory measures provided under the Act for the benefit of contract labour, the 'appropriate government' under section 10(1) of the Act is authorised, after consultation with the Central Board or State Board, as the case may be, to prohibit, by notification in the official gazette, employment of contract labour in any establishment in any process, operation or other work.

Sub-section (2) of Section 10 lays down sufficient guidelines for deciding upon the abolition of contract labour in any process, operation or other work in any establishment. The guidelines are mandatory in nature and are: -

- Conditions of work and benefits provided to the contract labour.

- Whether the work is of a perennial nature.

- Whether the work is incidental or necessary for the work of an establishment.

- Whether the work is sufficient to employ a considerable number of whole-time workmen.

- Whether the work is being done ordinarily through regular workman in that establishment or a similar establishment.

15. The Central Government on the recommendations of the Central Advisory Contract Labour Board, have prohibited employment of contract labour in various operations/ category of jobs in various establishments. So far 76 notifications have been issued since inception of the Act.

Exemption

16. The 'appropriate government' is empowered to grant exemption to any establishment or class of establishment or any class of contractors from applicability of the provisions of the Act or the rules made thereunder on such conditions and restrictions as may be prescribed. Fifteen notifications granting exemption to establishments in exercise of this power in the Central sphere have been issued.

Enforcement

17. In the Central sphere, the Central Industrial Relations Machinery (CIRM) has been entrusted with the responsibility of enforcing the provisions of the Act and the rules made thereunder, through Inspectors, Licensing Officers, Registering Officers and Appellate Authorities appointed under the Act.

18. Regular inspections are being conducted by the Field Officers of the CIRM and prosecutions are launched against the establishments, whenever violations of the Act/Rules/notifications prohibiting employment of contract labour are detected. In order to ensure compliance with the labour laws from time to time, instructions/directions have been issued to the field officers of CIRM and State Government for proper implementation of the Act.

19. A number of complaints alleging violation of contract labour Act especially the notifications prohibiting the employment of contract labour are being received. These complaints are being investigated and remedial action taken in accordance with the provisions of the law by launching prosecutions if considered necessary. References are received for regularisation of the contract labour or abolition of the contract labour system on the ground of perennial nature of work/ ordinarily done through regular workmen etc. Writ Petitions are also being filed by Union/Workers seeking absorption where the contract labour system has been abolished or pleading that the contract is sham. The requests for abolition of contract labour system are examined in consultation with the Central Advisory Contract Labour Board and notifications abolishing contract labour system in various establishments in different jobs have been issued. So far as the regularisation of the workers is concerned, no such provision, either express or implied, exists in the Act. This has also been affirmed by the Constitution Bench of the Supreme Court in the matter of Steel Authority of India Limited Versus Water Front Worker’s Union on 30^th August, 2001.

20. A statement indicating the number of inspections carried out, prosecutions launched, licences issued, establishments registered, and number of cases received during the last three years under rules 25(2)(v)(a)&(b) of the Contract Labour (R&A) Central Rules, 1971 relating to payment of wages is annexed (Annexure-I).

EMERGING ISSUES/PROBLEMS

21. In the context of globalisation, privatisation and liberalisation, in March 2000 a GOM was constituted to examine the proposal of the Ministry to suitably amend the provisions of the Act with a view to facilitating outsourcing of activities to specialized firms having professional experience and expertise in the relevant area and at the same time to provide for a safety net to contract labour in such outsourced activities. Such a measure, it was felt, would generate employment growth. The GOM held a series of meetings in the years 2000, 2001 and 2003. After in-depth deliberations on the issues involved it was agreed that certain activities which form support services of an establishment be excluded from the application of Section 10 of the existing Act, which provides for prohibition of employment of contract labour in certain circumstances. However, the same could not be finalized.

22. While the trade unions have demanded that the Act should be amended to provide for automatic absorption of contract labour in the event of prohibition of employment of contract labour, the employers organizations are vehemently opposed to it. According to them such a step would lead to capital-intensive measures like mechanization, automization, etc. and fall in employment. Their view is that the employers should be given flexibility to determine the composition of the workforce for the industry to survive in the competitive environment. Further, according to them, contract labour should not be abolished in non-core activities of an establishment and should be allowed to be parcelled out to specialized agencies, which have grown rapidly, for better time management, better operational efficiency and high percentage of consumer satisfaction.

23. Some of the State Governments, in tune with the changing times, have proposed measures to liberalise the Act to spur the growth of industry, as for example, grant of exemption to Special Economic Zones and Export Oriented Units from the applicability of the Act to boost exports. The Government of Andhra Pradesh have amended the Contract Labour Act with a view to prohibiting employment of contract labour in the core activities of an establishment and to allow engagement of contract labour in none-core activities of an establishment such as watch and ward, sanitation, cleaning works, etc. The Government of Goa has introduced a bill in the legislature to abolish contract labour in core activities of an establishment.

ISSUE FOR CONSIDERATION

24. In view of the diametrically opposite views held by the trade unions and the employers’ organizations, on the issue of absorption, and the present thinking of some State Governments, a view needs to be taken on amending the Act to facilitate outsourcing or prohibit employment of contract labour in core activities and to mandate automatic absorption of existing contract labour.

Importance Of Employment Contracts - Know Their Value

Importance Of Employment Contracts - Know Their Value

By Abhishek Agarwal

Anyone who works for an employer for a regular wage or salary automatically has a contract of employment, regardless of whether it is written or not. The majority of employees work under open-ended contracts of employment. In other words, the contract continues until such time as the employer or employee ends it.

Many other employees however, work under fixed-term or specified-purpose contracts which are contracts which end on a specified date or when a specific task is completed. The contract of employment will include some or all of the following elements (regardless of whether the employer and employee have specified them or not):

The terms that the courts say are in every contract of employment. Examples include the duty of every employer to provide a safe workplace and the duty of every employee to carry out the job to the best of his/her ability. This part of the contract is occasionally referred to as "common law".

Terms that must be part of the contract as a result of laws passed. Examples include the right to take maternity leave. Such terms are part of the contract of employment even if the employer and employee do not specifically include them and replace any agreement between the employer and employee not to apply the particular law. So, the statutory right to take maternity leave overrides any agreement between the employer and employee that the employee will not take maternity leave.

Terms and conditions states must be in every contract, for example, the right of an employee to join a trade union.

Collective agreements

Joint Labor Committee Regulations

In addition, custom and practice in a particular workplace may form part of a contract. An example would be a particular level of overtime pay for employees.

In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents.

The statement of terms must indicate the reference period being used by the employer for the purposes of the calculation of the employee's entitlements under the Minimum Wage Act, 2000. (Under that Act the employer may calculate the employee's minimum wage entitlement over a reference period that is no less than one week and no greater than one month).

The statement of terms must also inform the employee that he/she has the right to ask the employer for a written statement of his/her average hourly rate of pay for any reference period (except the current reference period) in the 12 months prior to the date of the employee's request.

Note. Specific provisions in contract of employment

In recent times, some employers are adding in specific provisions in contract of employment that limit the ability of employees to work in a certain sector, with certain suppliers, clients, for a period following termination of employment. (For example, it may specifically state that the employee cannot work in a certain sector, with or for suppliers or clients of the former employer, etc.). There is nothing in employment law in that strictly forbids this, but there is no provision in employment law that allows this either.

Essentially, this is an issue of contract law - that is, the contract of employment signed and agreed between the employer and employee. If you have any concerns about this issue, you are strongly advised to seek legal advice from a competent legal professional in advance of signing this contract of employment. However, even if the contract of employment is signed, you are always free to seek such legal advice. Attorney fees can vary widely so shop around and obtain some quotes for legal advice before you proceed.

Note. Probationary period

The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:

* the contract of employment is in writing

* the duration of probation or training is one year or less and is specified in the contract.

The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the maternity protection, parental leave, adoptive leave and career's leave legislation.

Changes to your contract of employment.

Changes to your contract of employment can occur due to a change in the law, but otherwise, changes must be agreed between your employer and yourself. The requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law.

From the above information you will see that the contract of employment is a very important document to have. Whenever you get hired, ensure that your new employer offers you this kind of security. Be cautious of employers who don't give contract of employment.

The Standard Operating Procedure (SOP)

The Standard Operating Procedure (SOP) is a valuable tool and worth the preparation time. SOPs go beyond the basic "cookbook" procedural description of materials and methods and also provide details about the appropriate precautions.

Here are some examples of topics that lend themselves well to the SOP format:

Inventory procedure for stock/reference cultures
Laboratory Security
Disposal of hazardous materials, including sharps, chemicals and biological materials
Surface decontamination
Operation and maintenance of equipment such as the centrifuge, BSC, and autoclave
Transportation of hazardous materials between facilities

In general, SOPs force a person to think through a procedure step by step and to standardize the materials and methods. The exercise of writing the SOP is valuable and the SOP itself is a useful training tool and a reminder to staff of the correct procedures. In some situations, SOPs may be required for compliance with regulations

The best approach to writing an SOP is to do it, write it, and test it. Be brief and succinct; the shorter, the better. Anyone - student, support staff, post-doc or principal investigator, can prepare them. The SOPs should be available in the laboratory, not filed away in an office drawer.

A typical SOP contains the following elements:
A Header which shows the Title of the SOP, Original Issue Date, Revision/Review Date, number of pages contained in the SOP, who wrote the SOP, and the Approval Signature.

purpose and scope
definitions
materials and equipment needed
safety concerns,
who is responsible
step-by step procedure with identification and emphasis of "critical steps"
records to be kept
copies of forms to be used
references.

SOPs should be reviewed annually at a minimum.