Section 178: Transitional provisions

1) The labourers engaged in permanent service at the time of commencement of this Act shall ipso facto be deemed to be the labourers in regular employment pursuant to this Act.

2) The labourers employed on contract, daily wage basis or otherwise at the time of commencement of this Act shall be required to make the employment contract pursuant to Chapter 3. Nothing contained in this Act shall be deemed to bar the making of adjustment of the remuneration and benefits receivable at the time of making such employment contract to the provident fund amount and other benefits payable pursuant to this Act not later than three months of the commencement of this Act.

3) Nothing contained in this Act shall be deemed to be prejudicial to the conditions of service and benefits of any labour who is receiving the benefits in excess of that set forth in the Act under the prevailing law or collective agreement at the time of the commencement of this Act.

4) For the purpose of sub-section (3), the benefits that remain after paying the benefits specified in the Act to the prescribed body shall be provided by adjusting the same in other headings.

5) Where any judgment made by the Office, Labour Court or other court under the Labour Act, 1992 (2048) and Trade Union Act, 1992 (2049) before the commencement of this Act has not been executed and an application is made within one year of the date of the commencement of this Act, such a judgment, decision or order shall be executed or caused to be executed as if it were made in accordance with this Act.

6) The welfare fund established under Section 37 of the Labour Act, 1992 (2048) and Section 13 of the Bonus Act, 1974 (2030) shall continue its operation until a separate law relating to social security is made.

7) The Court in existence at the time of the commencement of this Act shall exist until the formation of the court pursuant to this Act.