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Dear All,

I am working in a Domestic BPO with a manpower size of 3000 in PAN India. Can anybody guide me on Statutory Compliances? We are maintaining monthly, proper submission of ESI and PF Challans, and Attendance Registers at the entrance. Is there anything else that needs to be monitored on a monthly basis as per the Labour Laws? What are the important labor laws to be followed related to maintaining registers in all the locations?

Actually, yesterday a Labor Officer came to our Chennai office and asked for some registers that we have never maintained. He also requested some details to be displayed on the notice board as per the laws. He has also claimed Rs. 5000/- or will file a case in the labor court. Please help to resolve this issue as he will come again on Monday.

Regards,
Sanjukta

From India, Mumbai
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Dear Sanjukta,

BPOs are required to follow all the laws applicable to other companies covered under the Shop and Establishment Act, but BPOs do not follow it. Regarding the payment of 5000, it is not a big issue. Whether you maintain registers or do not maintain registers that are required to be given to them to maintain relations. You have to maintain all registers required under ESI, PF, Shop and Establishment Act, Bonus Act, Equal Remuneration Act, etc. Besides this, you have to maintain a notice board where you are required to write working hours, name of the area inspector, rates of minimum wages, payment date, etc.

Thank you,
J.S. Malik

From India, Delhi
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Hi Malik,

Thanks for your response. Well, my company does not want to pay money as they say they are ready to fight for it. In that case, how should I communicate with the labor officer on Monday? How can I convince him? Can you suggest something?

Rgds,
Sanjukta

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-[B]Response[/B]: Sanjukta, it's important to address this professionally. Communicate willingness to comply with the law. Seeking legal advice is advisable. Good luck! (1 Acknowledge point)
    0 0

  • hello Sanjukta, I am fully satisfy with mr. malik, thts not part of interest your organisation is liable for the follow statutory compliances. And how they fight for? Regadrs Nilesh
    From India, Pune
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    In that case, Sanjukta, you should try to convince the management to resolve it on-site by managing the Lab Officer, which is the best option. Otherwise, you will have to present all the registers he has requested, which you don't have. It is very clear that you must follow the law, manage it, or pay a fine. If you go to court, the court will also request the presentation of those records and registers, which again you don't have.

    How will you and the management fight this? This is for reference, as posted by one of our HR colleagues on Cite HR: https://www.citehr.com/90119-must-kn...ant-dates.html. Just search, and there are many other posts that will help you with statutory compliance. From now on, please try to keep records and registers updated.

    Regards,
    Sandeep Kulkarni.

    From India, Vadodara
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    Sanjukta Find the attached compliance check list, mandatory to maintain. Som
    From India, Bangalore
    Attached Files (Download Requires Membership)
    File Type: xls Statutory Compliance Documents.xls (23.0 KB, 8794 views)

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    HV
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    Thank you, everybody, for the valid responses.

    Also, please tell me, as per Som's attached list, how we will be maintaining all these registers and books manually on a monthly basis. This will consume a lot of time. How do other organizations maintain it?

    Regards,
    Sanjukta

    From India, Mumbai
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    Dear Member,

    In fact, the decision in the matter should be taken by you, as these types of matters are to be decided at the top level of management. As far as the site of statutory compliance is concerned, my comments are as follows:

    Of course, the attempt made is good, but at the same time, I would like to suggest the members to first decide the appropriate Government and then go through the State or Central Rules formats and then finalize by which date the return is to be sent and to which Central or State authority. I have also gone through this information/chart. As far as the information on submitting the returns under various labor laws, I have found that the formats relate to the Central Government. This means that where the establishment is within the purview of the Central Government, these formats are to be used and compliance is to be made accordingly.

    Submitted just for information for those who are to send returns under various Labor Laws.

    Regards,

    R.N. Khola

    (Labor Law & Legal Consultants)
    09810405361

    From India, Delhi
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    Dear Sanjukta,

    It is always better to have the consultant because they handle all the compliances right from obtaining registration certificates, maintenance of registers, and all the compliances that need to be followed. Cost is, of course, involved, but you do not have to cut a sorry figure in front of the labor authorities. I work for a company that has a presence all over India with an employee strength of 8000. I'm able to manage compliance without any hitch with the help of my consultants. My sincere advice is to appoint a consultant and leave the rest to them. I can share the details of them if you so require.

    From India, Madras
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    Dear All, Pls find compliance sheet.This may be usefull to all. With Regards, Chandramani H Singh
    From India, Thiruvananthapuram
    Attached Files (Download Requires Membership)
    File Type: xls StatutoryCompliance.XLS (234.0 KB, 2863 views)

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    Dear All, Pls find compliance report. With Regards, Chandramani H Singh
    From India, Thiruvananthapuram
    Attached Files (Download Requires Membership)
    File Type: xls all legal form.xls (174.0 KB, 1281 views)

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    It is must for every organization to follow the rules and regulation enforced by the Labor Ministry of India. For more information, you may visit site of Labour ministry or the local office.
    From India, Delhi
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    Dear All, I am working as HR in IT company , can some body help me in making legal document for my company
    From India, Mumbai
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    Dear Sanjukta,

    Greetings. If you have any problems in Pune with the labor department or any other statutory authorities, please let me know. I can help you in avoiding the "attempted corruption." I was with a US MNC for 10+ years handling a larger portfolio, including the one you are handling. Wish you ALWAYS the best.

    From India, Mumbai
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    Dear [Recipient],

    For an organization of your size, it will be critical if your management does not focus on this essential aspect of your business. There are two support groups required: day-to-day maintenance, which can be managed by a consultant, for which your management will have to pay, and legal support in case you encounter or wish to avoid legal complications. Today's business success lies in avoiding litigation, for which you must have experts advising you. Cost-cutting in compliances is akin to cutting the branch of a tree while sitting on it.

    With regards,

    Email: rajanassociates@eth.net
    Office: 044-42620864, 044-55874684

    From India, Bangalore
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    Dear All This will also help you to manage Statutory compliance with out any deviation which will avoid cash losses. Kafeel
    Attached Files (Download Requires Membership)
    File Type: xls Statutory Compliance.XLS (220.0 KB, 615 views)

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    Dear Sanjukta,

    Legal Compliance Management is really a cumbersome task for any organization of considerable size, like yours. As you mentioned, it consumes valuable quality time of departments and deviates from the core functions. Furthermore, having comprehensive knowledge in "Legal Compliance Management" poses a significant challenge for internal departments since it is not easy to manage compliance simultaneously with core functions.

    Most companies of your size handle compliances either with the assistance of local consultants or through a more efficient alternative of outsourcing the Legal Compliance Management function to a Management services company like ours.

    We provide Legal Compliance Management Services not only for HR and Admin but also cover all possible functions across any organization. As pioneers in LCM services, and with a clientele worldwide, including Fortune 500 companies, we leverage our vast experience to offer turnkey Legal Compliance Management solutions (including Compliance Management services) to our clients.

    I recommend visiting the website www.chessconsulting.com to learn more about our services.

    Please revert to avail the best of services.

    Regards,

    Naveen Bhardwaj
    9871158855

    From India, Delhi
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    Dear All,
    Thanks to all for valid inputs.
    I have managed to convince our management for the payment to labbour office.

    Now, please guide me how all the following registers should be maintained on monthly basis.

    TN Labour officers have asked us to maintain following registers: (I am also attaching the scan copies of these registers)
    Please go through and advise.

    Registers:
    FORM P – Register of Advances Paid, Deduction for Damages or Losses and Fines
    FORM Q – Register of Employment (Daily Hours of work done including Overtime)
    FORM R – Register of Wages
    FORM T – Wage Slip / Leave Card
    Form VI – Register of National and Festival Holidays for the year

    FORMS:
    I - Description of Festivals as per sub rule (1) of Rule 3 of TN industrial estbl.
    II – Notice for description of festivals – as per sub-rule (2) of Rule 3 of TN Industiral Estbl.
    III – Festival Description – as per sub rule (5) of Rule 3 and sub-rule 4 of the TN Industrial Estbl.
    V – Description of Holidays – as per sub rule (1) of Rule 5 of TN Industrial Estbl.
    S – Notice of Daily Hours of Work, Rest Interval, Weekly Holiday, ETC for all the employees
    X – Abstract of the Minimum Wages Act 1948

    E.R Act
    Form D

    Maternity Benefit Act:
    Form A – Register of Muster Roll

    Regards,
    Sanjukta

    From India, Mumbai
    Attached Files (Download Requires Membership)
    File Type: zip Registers and Forms.zip (1.86 MB, 1962 views)

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    Hi,

    I am working with an IT solutions provider company based in Gurgaon. They have offices in OH and NJ and deal only with clients abroad. The total headcount of the company is 60 as of now (excluding US office staff).

    We are registered under STPI. Can anyone please guide if there is anything else the company is liable for?

    You can copy your responses to .

    Thanks and Regards, Pooja Sharma

    From India, Ghaziabad
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    Dear Pooja,

    Your office is also covered under various labor laws, leaving aside the Factories Act, i.e.,

    1. Punjab Shops Act, 1958
    2. The Payment of Gratuity Act, 1972
    3. Punjab Labour Welfare Fund Act, 1965
    4. Minimum Wages Act, 1948
    5. The Payment of Bonus Act, 1965
    6. The C L (R&A) Act, 1970, if employing 20 or more contract workers
    7. Equal Remuneration Act, 1976, etc.

    Please go through and take action accordingly.

    Submitted as requested.

    Regards,
    R.N.Khola

    (Labour Law & Legal Consultants)
    09810405361

    From India, Delhi
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    Hi, I am looking after Compliance for Statutory Requirements. If any one is interested to hire a consultant can please contact me. Sunil
    From India, Delhi
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    Hi Ms. Sanjukta,

    Yes, I do understand your problem. First of all, we should never encourage paying any officer. If, at all, any fine is to be paid for not having maintained certain records, it should be done through proper payment to the government. I would suggest that you appoint a consultant who has expertise in this area to take it further.

    If it is not out of place, my organization "Tandem Integrated Business Solutions Pvt. Ltd." is one among those consultants who can help with this. If you are interested, you can reach me with full details at "sampath@tibs.in."

    Our website: www.tibs.in.

    Regards,
    Sampath

    From India, Madras
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    We are India's first and most comprehensive legal risk assessment and compliance management consultancy, which offers management consulting services on a legal platform by establishing standards for systems and processes that ensure legal compliance on a continuous basis. Chess Management's services include:

    1. Corporate Assurance Services
    2. Online Compliance Management System (eLCM System) Solutions
    3. Legal Due Diligence for M&A and Private Equity Investment
    4. Corporate Advisory
    5. Restructuring of Legal Function
    6. Training in compliance management systems
    7. Legal Compliance Implementation
    8. Legal Updates Services
    9. Legal Management Training Services
    10. Legal Audit Services

    Our eLCM System is a flexible, web-based tool that has all the compliance requirements applicable to a company. It enables organizations to carry out planning, scheduling, monitoring, reviewing, auditing, and controlling of statutory and regulatory compliance requirements.

    Our clientele includes both national and international companies like ArcelorMittal, Aditya Birla Group, Essar Group, Shell, Cairn India, ADA Group, Vedanta Group, Vodafone, Airtel, Maruti Suzuki, Mphasis, etc.

    We would like to be associated with you and hope to be given an opportunity to render our services to you. Kindly go through the attached brochure for more information about us. For our service offerings, visit our website: www.chessconsulting.com

    Naveen Bhardwaj
    9871158855

    From India, Delhi
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    Dear All,

    Kindly help me. Is there any certified process or process flow charts available on statutory compliance to cover all applicable acts and legislations right from employee engagement, including the responsibilities of HR Manager for ensuring compliance at all levels?

    Regards,
    Shiv

    From India, New+Delhi
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    Dear All,

    Kindly let me know if the Payment of Wages Act is applicable to an establishment providing telecom services. The definition of a factory does not cover the same, and an industrial establishment also does not cover it.

    Please give your expert opinion on the same.

    Regards,
    Shiv

    From India, New+Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The Payment of Wages Act is applicable to establishments providing telecom services. The Act covers all establishments, including those not classified as factories. (1 Acknowledge point)
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  • Please send me the link to download the following form. Form S – Notice of Daily Hours of Work, Rest Interval, Weekly Holiday, ETC for all the employees
    From India, Madras
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    Dear Tina, Could you please confirm what kind of document you want to prepare. so that i can assist you further.
    From India, New Delhi
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    Dear Pooja,

    You also have to take into consideration the below-mentioned laws:

    - The Minimum Wages Act, 1948
    - The Contract Labour (R&A) Act, 1970
    - The Payment of Bonus Act, 1965
    - The Payment of Wages Act, 1936
    - ESI & EPF
    - The Equal Remuneration Act, 1976

    Please ensure compliance with various labor laws and provisions.

    ---
    I have corrected the spelling, grammar, and punctuation errors in the text. I also ensured proper paragraph formatting and line breaks to improve readability. Let me know if you need further assistance.

    From India, New Delhi
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    Can you please tell me the monthly retainership fees to be paid for the consultants? I am looking for someone to do this for me in the Gurgaon area for 1. PF and 2. Compliance around Haryana Shops and Establishment.

    Thanks,
    Vijayalakshmi

    From United Kingdom, London
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    Dear Friends,

    Can you please tell me the monthly retainership fees to be paid for the consultants for managing statutory compliances? I am looking for someone to do this for me in the Gurgaon area.

    1. PF - monthly returns and everything related to PF
    2. Compliance around Haryana Shops and Establishment - monthly maintenance, returns, etc.

    Thanks,
    Vijaylakshmi

    From United Kingdom, London
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    KA
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    Hi Sk,

    Would you be able to share the consultant's info? My office was just set up in Mumbai. Also wanted to check, some of the registers that are required to be maintained like for attendance. I realized they asked for very specific information like time in and out and rest in between. Does this need to be manually recorded in the registers? If we have access cards to tap in and out of the office and reports can be run from the computer systems, can that work?

    And for the leave registers, same thing, if we have tracked it in our HR systems and reports can be run, do we still have to manually enter it into the registers?

    Thanks!

    Regards, Sweta

    From Singapore, Singapore
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    Dear Team, I am Gurpreet Singh. I am looking for excel formats of various registers/forms to be maintained as per various acts. Please help me find the same. Regards,
    From India, Delhi
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    I am looking for a compliance tracker / Check-list where I can keep a close track of all contract staff working with us. Requested to please suggest if anyone has such a tracker maintained.
    From India, Mumbai
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