India has more than 50 central labour laws. There are CIRM(CLC)- central machinery and state labour department to enforce labour laws. Of course, state govt.'s own labour law is enforced by state labour dept. Those 50 central laws are classified as below (yes. many state govt. has their own labour law rules for these 50)
- Labour laws enacted and enforced by Central Government (ESI, PF etc)
- Labour laws enacted by Central and enforced by both the Central
as well as the State Governments
-Labour laws enacted by Central Government and enforced by the
State Governments
Each Labour Law says Appropriate Govt. is the implementing authority & registration/compliance procedure. Many Act does not provide for registration or Licence which are directive in nature. Many Acts says appropriate govt is state govt. for private establishments.
Now Question for Registration & Compliance:
A private establishment has HO and branches in same state as well as other states. Assume company has books of accounts centrally & employee payments are done HO level/ or payment done Locally branch level.
1) Does Labour law dept. provide common registration number for all Labour laws? (I know LWF/Contract Labour has separate regn/licence numbers--- But what about bonus Act, Gratuity Act, minimum wages act etc)
2)Does EVERY branch should separately submit labour law returns to the jurisdictional office?
3)How the return submission should have reference of establishment/branch?
4)Gratuity Act says, if Company has branches more than one state, Central CLC is the jurisdiciton. How the switchover works?
Practicing Labour law consultants may educate the group.
From India, Virar
2- Labour laws enacted and enforced by Central Government (ESI, PF etc)
- Labour laws enacted by Central and enforced by both the Central
as well as the State Governments
-Labour laws enacted by Central Government and enforced by the
State Governments
Each Labour Law says Appropriate Govt. is the implementing authority & registration/compliance procedure. Many Act does not provide for registration or Licence which are directive in nature. Many Acts says appropriate govt is state govt. for private establishments.
Now Question for Registration & Compliance:
A private establishment has HO and branches in same state as well as other states. Assume company has books of accounts centrally & employee payments are done HO level/ or payment done Locally branch level.
1) Does Labour law dept. provide common registration number for all Labour laws? (I know LWF/Contract Labour has separate regn/licence numbers--- But what about bonus Act, Gratuity Act, minimum wages act etc)
2)Does EVERY branch should separately submit labour law returns to the jurisdictional office?
3)How the return submission should have reference of establishment/branch?
4)Gratuity Act says, if Company has branches more than one state, Central CLC is the jurisdiciton. How the switchover works?
Practicing Labour law consultants may educate the group.
From India, Virar
Labor dept have no system of common registration under different labor Acts .CLRA Act,Shop & Comm:Est Act,Factories Act,Plantation Labor Act,BOCOW Act,ESI Act,EPF Act,ISMW Act, have mandatory system of registration of Establishments.
But ID Act,Bonus Act,Gratuity Act,Payment of wages Act,Standing Orders Act,EC Act etc do not prescribes registration.
Establishment is a geographical entity.Hence every establishment must be generally treated as independent one.
For establishment having branches in more than one state,the central govt is the appropriate govt.who will appoint Inspectors,& Controlling Authority under Gratuity Act..If gratuity is paid as per law you need not bother about the govt.
Each registration will give you a No,which will be the reference .
The govt should consolidate all the labour laws covering all aspects under single Act separately for different sectors like Plantation,Mines,Factories,Commercial est:etc.Each such enactment should have provision for safety,welfare ,health,bonus,gratuity,payment of wages,minimum wages,welfare fund,Epf,Esi,dispute resolution ,arbitration adjudication.This make registration,licenses,returns,registers etc easy for employers and enforcement officers.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
But ID Act,Bonus Act,Gratuity Act,Payment of wages Act,Standing Orders Act,EC Act etc do not prescribes registration.
Establishment is a geographical entity.Hence every establishment must be generally treated as independent one.
For establishment having branches in more than one state,the central govt is the appropriate govt.who will appoint Inspectors,& Controlling Authority under Gratuity Act..If gratuity is paid as per law you need not bother about the govt.
Each registration will give you a No,which will be the reference .
The govt should consolidate all the labour laws covering all aspects under single Act separately for different sectors like Plantation,Mines,Factories,Commercial est:etc.Each such enactment should have provision for safety,welfare ,health,bonus,gratuity,payment of wages,minimum wages,welfare fund,Epf,Esi,dispute resolution ,arbitration adjudication.This make registration,licenses,returns,registers etc easy for employers and enforcement officers.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
Well explained sir. Now some questions - (since many of my known organization not complying Labour Law returns or registrations)
1) How employer files returns under Bonus Act,Gratuity Act,Payment of wages Act, etc? - Simply submitting returns to the Jurisdictional officer? - How the return compliance enforced by the jurisdictional office under these Act as per existing system?
2) Company having different shops/branches in the same state, in different jurisdictional Location will have any exemption to take registration/return filing at the HO jurisdiction level? (in the senario of record maintenance & employee related compliance managed at HO level)
3) Gratutity Act prescribes, CLC is jurisdiction in case of establishment having offices more than one state. Suppose, one establishment files at state labour dept, may have their own branch in another state in the middle of Finacial year - Then switchover to file at CLC office is allowed from the following compliance period?
Benz
From India, Virar
1) How employer files returns under Bonus Act,Gratuity Act,Payment of wages Act, etc? - Simply submitting returns to the Jurisdictional officer? - How the return compliance enforced by the jurisdictional office under these Act as per existing system?
2) Company having different shops/branches in the same state, in different jurisdictional Location will have any exemption to take registration/return filing at the HO jurisdiction level? (in the senario of record maintenance & employee related compliance managed at HO level)
3) Gratutity Act prescribes, CLC is jurisdiction in case of establishment having offices more than one state. Suppose, one establishment files at state labour dept, may have their own branch in another state in the middle of Finacial year - Then switchover to file at CLC office is allowed from the following compliance period?
Benz
From India, Virar
Benz,
The number,format,authority concerned,manner of submission ,time limit of return submission etc in respect of various state will be slightly different for each state .You have to read the state rules/orders of that state to know that.
Annual return of bonus paid to employees is the return under Bonus Act.
There is no return under Gratuity Act.You have to submit notice of opening,notice of closure,notice of payment /rejection of gratuity to the controlling authority.Exhibit notice containing abstract of Act &rules on your notice board in the prescribed format.
There is no returns under P O W Act.You can ignore the Act if all your employees are getting salary above Rs 18000/pm.
The inspectors can visit your establishment and verify the records to ascertain the compliance.If non compliances are found he can prosecute you.
For centralized compliance of different branches in a state at HO you can get permission from the LC of the state.
All returns are to be submitted in the prescribed format to the concerned authority and obtain receipt.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
The number,format,authority concerned,manner of submission ,time limit of return submission etc in respect of various state will be slightly different for each state .You have to read the state rules/orders of that state to know that.
Annual return of bonus paid to employees is the return under Bonus Act.
There is no return under Gratuity Act.You have to submit notice of opening,notice of closure,notice of payment /rejection of gratuity to the controlling authority.Exhibit notice containing abstract of Act &rules on your notice board in the prescribed format.
There is no returns under P O W Act.You can ignore the Act if all your employees are getting salary above Rs 18000/pm.
The inspectors can visit your establishment and verify the records to ascertain the compliance.If non compliances are found he can prosecute you.
For centralized compliance of different branches in a state at HO you can get permission from the LC of the state.
All returns are to be submitted in the prescribed format to the concerned authority and obtain receipt.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
thank you sir. Few ambiguity got cleared. Overall, many of my known SMEs not maintaining/complying labour laws except few statutes like PF ESI LWF. Even my knowledge they are not been inspected by labour dept. Some cases shop authorities comes and check MW compliance.
Labour laws even there for SME exempted from furnishing returns. what would be advisable for SME's not complying applicable labour Laws?. They simply ignore the labour law part.
From India, Virar
Labour laws even there for SME exempted from furnishing returns. what would be advisable for SME's not complying applicable labour Laws?. They simply ignore the labour law part.
From India, Virar
Please go through 'The Labor Laws(Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act 1988 ' which exempts establishment having less than 20 employed persons from furnishing returns and maintaining registers under 9 central Acts.
VARGHESE MATHEW
Trivandrun
9961266966
From India, Thiruvananthapuram
VARGHESE MATHEW
Trivandrun
9961266966
From India, Thiruvananthapuram
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Bahrain labour law 2012 - 15052013.pdf
Emergence of Labour Law.doc
Labour Law- PPT.ppt