Dear All,
Hi, I am a new user to CiteHR. I have always been in Recruitment & Employee Engagement. I have been recently given the assignment of handling Statutory Compliances in my organization, and Compliance is a new area for me. Since my organization is a Registered Organization under the Shops & Commercial Establishment Act in Gurgaon, Haryana;
1) Therefore, kindly let me know which and what types of compliance should I put in place for my new organization.
2) What is the best way to keep a check on whether all the compliances are adhered to and what are the various compliances and LABOUR LAWS I should comply with as per Haryana Labour Department?
SENIORS, DO HELP!!!
Regards,
Rahul
From India, Gurgaon
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Hi, I am a new user to CiteHR. I have always been in Recruitment & Employee Engagement. I have been recently given the assignment of handling Statutory Compliances in my organization, and Compliance is a new area for me. Since my organization is a Registered Organization under the Shops & Commercial Establishment Act in Gurgaon, Haryana;
1) Therefore, kindly let me know which and what types of compliance should I put in place for my new organization.
2) What is the best way to keep a check on whether all the compliances are adhered to and what are the various compliances and LABOUR LAWS I should comply with as per Haryana Labour Department?
SENIORS, DO HELP!!!
Regards,
Rahul
From India, Gurgaon
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It is necessary to know the business of your company, the compliance will be done according to the nature of business.
From India, Gurgaon
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3From India, Gurgaon
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Dear Rahul,
Your expectations from CiteHR members seem to be very high. You have mentioned that your organization is covered under the Shops Act. Therefore, you should review the Punjab Shops & Commercial Establishment Act, 1958 as applicable to the State of Haryana. Additionally, you are also covered under The Minimum Wages Act, 1948 as a Scheduled Employment. To maintain records, please refer to the relevant rules of the Haryana state. For further details, you may also visit the office of the area Labour Inspector to gain knowledge about the applicability of different labor laws to be implemented in the State of Haryana.
Regards,
R.N. Khola
From India, Delhi
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Your expectations from CiteHR members seem to be very high. You have mentioned that your organization is covered under the Shops Act. Therefore, you should review the Punjab Shops & Commercial Establishment Act, 1958 as applicable to the State of Haryana. Additionally, you are also covered under The Minimum Wages Act, 1948 as a Scheduled Employment. To maintain records, please refer to the relevant rules of the Haryana state. For further details, you may also visit the office of the area Labour Inspector to gain knowledge about the applicability of different labor laws to be implemented in the State of Haryana.
Regards,
R.N. Khola
From India, Delhi
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Dear Rahul,
Since you are in the construction industry, the following compliances are to be observed at your various site offices. Your establishment registered under the Shop & Establishment Act requires observance of compliances under this particular Act only.
1. Clearance certificate from Central/State Pollution Control Board under the Air Act, 1981, and Water (Prevention & Control of Pollution) Act, 1974.
2. Environment clearance certificate (Environmental Implication Analysis- EIA) from MOEF
3. Mining Approval (permission for removal of mineral/minor mineral/clay, etc.) under the provisions of the Mines Act, 1952.
4. Clearance from the Central Ground Water Authority- Borewell Registration Certificate, N.O.C. for rainwater harvesting.
5. Clearance from the Electricity Department.
6. Permission from the Municipal Corporation for:
- Water/sewerage connection
- NOC for roads
- MC approval for the site office.
7. Clearance from the Department of Industries.
8. Clearance from the Fire Department.
9. Clearance for fire safety equipment.
10. Clearance from the Forest Department for cutting of trees.
Permissions from the Area Development Authority:
- Building Drawing Approvals
- NOC for construction
- Sanction for a Project within MC jurisdiction CTP
- Service plan estimates approval from DTCP
- Clearance of piling
- Clearance of excavation
- Concept plan finalization RPD (GMADA)
- Formation level clearance
- Boundary wall plan sanction.
11. Clearance from Traffic Police for traffic management during operation (including rerouting of buses and other vehicles).
12. Traffic designs approval from the Transport Department.
13. Permission from the Police Department for working night shifts.
14. NOC from the Public Health Department and labor camp clearance.
15. Permission to install elevators/lifts/escalators from concerned departments of GOPb.
16. Permission from ADA, PWD for shifting of services and utilities.
17. PAN, Sales Tax, and other tax registrations.
18. Clearance for blasting and use of explosives from the Commissioner of Explosives and Police Dept.
19. Permission for drains and sewer from Water and Sanitation Dept., PCB.
20. Installation of Batching Plant from PCB.
21. Certificate of ESI Registration under the Employees' State Insurance Act, 1948.
22. Certificate of PF Registration under The Employees' Provident Funds & Miscellaneous Provisions Act, 1952.
23. Certificate of Registration under the Payment of Gratuity Act, 1972.
24. Certificate of Registration under the Contract Labour (Regulation & Abolition Act), 1970.
25. Certificate of Registration under the Interstate Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979.
26. Notice of the actual date of commencement and probable date of completion of works to the Labor Inspector in Form IV (BOCW ACT).
27. Application for Registration of Establishment to the Registering Officer within 60 days of commencement in Form- I (in triplicate) (Labor License) (BOCW ACT).
28. Payment of labor cess in Form I (Rule-7) under The Building and other Construction Workers' Cess Act, 1996.
29. Submission of half-yearly/annual returns relating to the establishment in Form XXV in duplicate.
30. Information to Asst. Labor Commissioner regarding fatal/non-fatal accidents within 24 hrs. of the occurrence of an accident.
31. Display on the notice board the following information of workers:
a) Hours of work
b) Their wage periods
c) Date of payment of wages
d) Names and addresses of the Labor Inspectors having jurisdiction
e) Date of payment of unpaid wages.
32. Muster-roll in Form- XVI.
33. Register of wages in Form- XVII.
34. Register of deductions for damages or loss in Form- XIX.
35. Register of fines in Form- XX.
36. Register of advances in Form XXI.
37. Wage Book in Form XXIII.
38. Register of periodical Test-Examination of lifting appliances and gears, etc., in Form XXVI.
39. Register of overtime in Form- XXII.
40. Register of building workers employed by the employer in Form-XV.
41. Certificate of Initial and Periodical Test and Examination of Winches, Derricks, and their Accessory Gear in Form V.
42. Certificate of Initial and Periodical Test and Examination of Cranes or Hoists and their Accessory Gear in Form VI.
43. Certificate of Initial and Periodical Test and Examination of Loose Gears in Form VII.
44. Certificate of Test and Examination of Wire rope before being taken into use in Form VIII.
45. Certificate of annealing of Loose Gears in Form IX.
46. Certificate of Annual thorough examination of loose gears exempted from annealing in Form X.
47. Certificate of Medical examination in Form XI.
48. Health Register in Form XII.
49. Notice of poisoning or occupational notifiable diseases in Form XIII.
50. Report of accidents and dangerous occurrences in Form XIV.
51. Payment of minimum wages to workers under the Minimum Wages Act, 1948.
52. Payment of equal wages for work of equal nature to male and female workers under the Equal Remuneration Act, 1976.
53. Provision of weekly rest and payment for work done on the day of rest at overtime rate under the Payment of Wages Act, 1936.
54. Payment of annual bonus to employees drawing Rs. 3500/- per month or less to a minimum of 8.33% and maximum of 20% of wages under the Payment of Bonus Act, 1965.
55. Not to employ children below 14 years of age under the Child Labor (Regulation and Prohibition) Act, 1986.
PROVISIONS FOR SAFETY AND HEALTH OF WORKERS
56. Free temporary living accommodation.
57. Canteen.
58. First aid facilities (contents as per schedule III).
59. Medical examination of workers as the Director-General of Inspections may direct from time to time.
60. 24 hrs. availability of Ambulance.
61. Drinking water.
62. Separate lavatories for males and females.
63. Creches, if more than 50 female workers.
64. To appoint a safety officer if more than 500 workers.
65. To take adequate measures against excessive noise or vibration.
66. Fire protection by providing fire extinguishing equipment with trained personnel and adequate water supply.
67. Fencing of motors.
68. Lifting and carrying of weight as permitted:
- Adult man - 55 kg
- Adult woman - 30 kg
- Adolescent male - 30 kg
- Adolescent female - 20 kg.
69. To submit a health and safety policy for the approval of the Director-General of inspection and a copy to be displayed at the construction site.
70. To erect overhead protection along the periphery of construction work.
71. To take adequate measures against slipping, tripping, cutting, drowning, and falling hazards.
72. To prevent a concentration of dust, gases, fumes, etc.
73. To provide personal protective equipment for the protection of eyes.
74. To provide safety helmets and shoes.
I hope this information will serve your purpose.
Regards,
Kirti
From India, Gurgaon
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Since you are in the construction industry, the following compliances are to be observed at your various site offices. Your establishment registered under the Shop & Establishment Act requires observance of compliances under this particular Act only.
1. Clearance certificate from Central/State Pollution Control Board under the Air Act, 1981, and Water (Prevention & Control of Pollution) Act, 1974.
2. Environment clearance certificate (Environmental Implication Analysis- EIA) from MOEF
3. Mining Approval (permission for removal of mineral/minor mineral/clay, etc.) under the provisions of the Mines Act, 1952.
4. Clearance from the Central Ground Water Authority- Borewell Registration Certificate, N.O.C. for rainwater harvesting.
5. Clearance from the Electricity Department.
6. Permission from the Municipal Corporation for:
- Water/sewerage connection
- NOC for roads
- MC approval for the site office.
7. Clearance from the Department of Industries.
8. Clearance from the Fire Department.
9. Clearance for fire safety equipment.
10. Clearance from the Forest Department for cutting of trees.
Permissions from the Area Development Authority:
- Building Drawing Approvals
- NOC for construction
- Sanction for a Project within MC jurisdiction CTP
- Service plan estimates approval from DTCP
- Clearance of piling
- Clearance of excavation
- Concept plan finalization RPD (GMADA)
- Formation level clearance
- Boundary wall plan sanction.
11. Clearance from Traffic Police for traffic management during operation (including rerouting of buses and other vehicles).
12. Traffic designs approval from the Transport Department.
13. Permission from the Police Department for working night shifts.
14. NOC from the Public Health Department and labor camp clearance.
15. Permission to install elevators/lifts/escalators from concerned departments of GOPb.
16. Permission from ADA, PWD for shifting of services and utilities.
17. PAN, Sales Tax, and other tax registrations.
18. Clearance for blasting and use of explosives from the Commissioner of Explosives and Police Dept.
19. Permission for drains and sewer from Water and Sanitation Dept., PCB.
20. Installation of Batching Plant from PCB.
21. Certificate of ESI Registration under the Employees' State Insurance Act, 1948.
22. Certificate of PF Registration under The Employees' Provident Funds & Miscellaneous Provisions Act, 1952.
23. Certificate of Registration under the Payment of Gratuity Act, 1972.
24. Certificate of Registration under the Contract Labour (Regulation & Abolition Act), 1970.
25. Certificate of Registration under the Interstate Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979.
26. Notice of the actual date of commencement and probable date of completion of works to the Labor Inspector in Form IV (BOCW ACT).
27. Application for Registration of Establishment to the Registering Officer within 60 days of commencement in Form- I (in triplicate) (Labor License) (BOCW ACT).
28. Payment of labor cess in Form I (Rule-7) under The Building and other Construction Workers' Cess Act, 1996.
29. Submission of half-yearly/annual returns relating to the establishment in Form XXV in duplicate.
30. Information to Asst. Labor Commissioner regarding fatal/non-fatal accidents within 24 hrs. of the occurrence of an accident.
31. Display on the notice board the following information of workers:
a) Hours of work
b) Their wage periods
c) Date of payment of wages
d) Names and addresses of the Labor Inspectors having jurisdiction
e) Date of payment of unpaid wages.
32. Muster-roll in Form- XVI.
33. Register of wages in Form- XVII.
34. Register of deductions for damages or loss in Form- XIX.
35. Register of fines in Form- XX.
36. Register of advances in Form XXI.
37. Wage Book in Form XXIII.
38. Register of periodical Test-Examination of lifting appliances and gears, etc., in Form XXVI.
39. Register of overtime in Form- XXII.
40. Register of building workers employed by the employer in Form-XV.
41. Certificate of Initial and Periodical Test and Examination of Winches, Derricks, and their Accessory Gear in Form V.
42. Certificate of Initial and Periodical Test and Examination of Cranes or Hoists and their Accessory Gear in Form VI.
43. Certificate of Initial and Periodical Test and Examination of Loose Gears in Form VII.
44. Certificate of Test and Examination of Wire rope before being taken into use in Form VIII.
45. Certificate of annealing of Loose Gears in Form IX.
46. Certificate of Annual thorough examination of loose gears exempted from annealing in Form X.
47. Certificate of Medical examination in Form XI.
48. Health Register in Form XII.
49. Notice of poisoning or occupational notifiable diseases in Form XIII.
50. Report of accidents and dangerous occurrences in Form XIV.
51. Payment of minimum wages to workers under the Minimum Wages Act, 1948.
52. Payment of equal wages for work of equal nature to male and female workers under the Equal Remuneration Act, 1976.
53. Provision of weekly rest and payment for work done on the day of rest at overtime rate under the Payment of Wages Act, 1936.
54. Payment of annual bonus to employees drawing Rs. 3500/- per month or less to a minimum of 8.33% and maximum of 20% of wages under the Payment of Bonus Act, 1965.
55. Not to employ children below 14 years of age under the Child Labor (Regulation and Prohibition) Act, 1986.
PROVISIONS FOR SAFETY AND HEALTH OF WORKERS
56. Free temporary living accommodation.
57. Canteen.
58. First aid facilities (contents as per schedule III).
59. Medical examination of workers as the Director-General of Inspections may direct from time to time.
60. 24 hrs. availability of Ambulance.
61. Drinking water.
62. Separate lavatories for males and females.
63. Creches, if more than 50 female workers.
64. To appoint a safety officer if more than 500 workers.
65. To take adequate measures against excessive noise or vibration.
66. Fire protection by providing fire extinguishing equipment with trained personnel and adequate water supply.
67. Fencing of motors.
68. Lifting and carrying of weight as permitted:
- Adult man - 55 kg
- Adult woman - 30 kg
- Adolescent male - 30 kg
- Adolescent female - 20 kg.
69. To submit a health and safety policy for the approval of the Director-General of inspection and a copy to be displayed at the construction site.
70. To erect overhead protection along the periphery of construction work.
71. To take adequate measures against slipping, tripping, cutting, drowning, and falling hazards.
72. To prevent a concentration of dust, gases, fumes, etc.
73. To provide personal protective equipment for the protection of eyes.
74. To provide safety helmets and shoes.
I hope this information will serve your purpose.
Regards,
Kirti
From India, Gurgaon
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Dear Anil,
No annual return relating to the Shops Act in UT Chandigarh is required to be sent to any authority.
With Regards,
R.N.Khola
From India, Delhi
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No annual return relating to the Shops Act in UT Chandigarh is required to be sent to any authority.
With Regards,
R.N.Khola
From India, Delhi
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Dear Rahul, Mr. R.N.Khola is absolutely right it will take lot of time to understand Indian Labour Law, you need to read all bear acts first. Regards Sudhir Prabhu Regards Sudhir Prabhu
From India, Mumbai
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From India, Mumbai
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hey Kirti, Very useful information is provided by you.... can you pl let me know the process of getting mining approval. regards, Ruchi
From India, Chandigarh
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From India, Chandigarh
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Hello,
I have joined as an HR in a pharmaceutical company, and I am the first HR in this company. I am interested in all the rules and regulations that a multinational company typically follows, and I aim to implement them here. Along with that, I would like to understand how to ensure compliance with all relevant acts.
Thank you.
From India, Vadodara
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I have joined as an HR in a pharmaceutical company, and I am the first HR in this company. I am interested in all the rules and regulations that a multinational company typically follows, and I aim to implement them here. Along with that, I would like to understand how to ensure compliance with all relevant acts.
Thank you.
From India, Vadodara
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Dear R.N.Khola,
Your expectation from CiteHR members seems to be very high. You have informed us that your organization is covered under the Shops Act. Therefore, you may refer to the Punjab Shops & Commercial Establishment Act, 1958, as applicable to the State of Haryana. You are also covered under The Minimum Wages Act, 1948, as it is a Scheduled Employment. For record maintenance, please review the relevant Rules of Haryana state. For further details, you may also visit the office of the area Labour Inspector to understand the applicability of different labor laws in the State of Haryana.
Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
311, AKD Tower, Sector 14, Gurgaon
09810405361
Dear Kholaji,
We are an office registered under the Bombay Shops and Establishment Act. Until now, we have been operating from 9:00 to 17:30 with Sundays off. However, the management has now decided to provide support to all our offices globally from Mumbai. Although we are not a BPO/KPO, we have an office in Dadar (Mumbai) and provide services to our offices worldwide. Therefore, it has become necessary to run the business 24/7.
Could you please advise on the compliance requirements for running the business round the clock? Are there any exemptions needed for this?
Looking forward to your reply.
Regards,
Avinash K.
From India, Mumbai
Acknowledge(0)Amend(0)
Your expectation from CiteHR members seems to be very high. You have informed us that your organization is covered under the Shops Act. Therefore, you may refer to the Punjab Shops & Commercial Establishment Act, 1958, as applicable to the State of Haryana. You are also covered under The Minimum Wages Act, 1948, as it is a Scheduled Employment. For record maintenance, please review the relevant Rules of Haryana state. For further details, you may also visit the office of the area Labour Inspector to understand the applicability of different labor laws in the State of Haryana.
Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
311, AKD Tower, Sector 14, Gurgaon
09810405361
Dear Kholaji,
We are an office registered under the Bombay Shops and Establishment Act. Until now, we have been operating from 9:00 to 17:30 with Sundays off. However, the management has now decided to provide support to all our offices globally from Mumbai. Although we are not a BPO/KPO, we have an office in Dadar (Mumbai) and provide services to our offices worldwide. Therefore, it has become necessary to run the business 24/7.
Could you please advise on the compliance requirements for running the business round the clock? Are there any exemptions needed for this?
Looking forward to your reply.
Regards,
Avinash K.
From India, Mumbai
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