Dear Friends
Will you please guide on Statutory compliances that are required in terms of New setup of Plant during construction .
1] Whether Factory Licence is required during construction of Plant?
2] Whether PF & ESIC registration of the company is to be applied before completion of Plant? If not, when it is to be applied?
3] Initially, Contract Employees of Civil Contractor are working on the site, who are being covered under PF, ESIC, etc. These employees of the Contractor supervise the sub-contractors related to Mason, Civil, Electrical, carpenters, etc. The employees working under these sub-contractors are not educated but skilled in their profession. The attendance of this empoyees are not reqular & as they change often these sub-contractors pay on daily basis & donot maintain other statutory records. Now the question arises whether it is compulsory under act to cover these sub-contractor employees under PF, ESIC, etc?
4] What are the Acts that will be applicable during construction of Plant?
I expect your suggestions for the above which will not only help me but also be helpful to others on CiteHR in facing such situations.
Thanks
Arun
From India, Pune
5Will you please guide on Statutory compliances that are required in terms of New setup of Plant during construction .
1] Whether Factory Licence is required during construction of Plant?
2] Whether PF & ESIC registration of the company is to be applied before completion of Plant? If not, when it is to be applied?
3] Initially, Contract Employees of Civil Contractor are working on the site, who are being covered under PF, ESIC, etc. These employees of the Contractor supervise the sub-contractors related to Mason, Civil, Electrical, carpenters, etc. The employees working under these sub-contractors are not educated but skilled in their profession. The attendance of this empoyees are not reqular & as they change often these sub-contractors pay on daily basis & donot maintain other statutory records. Now the question arises whether it is compulsory under act to cover these sub-contractor employees under PF, ESIC, etc?
4] What are the Acts that will be applicable during construction of Plant?
I expect your suggestions for the above which will not only help me but also be helpful to others on CiteHR in facing such situations.
Thanks
Arun
From India, Pune
Dear Arun ji,
I take this opportunity to reply your queries as under, point wise:
Factory Licence is not required during construction of Plant. According to Rule 5 of MFR 1963 the occupier / manager of factory coming within the scope of the FA AFTER ITS COMMENCEMENT shall submit an application for registration of the Factory accompanied by an application for grant of Licence.
PF & ESI registrations are not granted to to any particular place or site but the same are granted to entity of company. When you have more than 20 employees all over including site contract labours, PF & ESI Act are applicable to your company and you are liable to register your company under this Acts and comply accordingly.
PF is mandatory when you employ any person even for a single day also directly or otherwise, through contract, sub contract, sub sub contract. Please read the judgement of Mumbai High Court Nagpur Bench of Builders Association of India. However, you can take benefit by excluding employees within the parameter of law.
You CAN take a shelter of a circular by ESIC HQ bearing number Construction 4/99 dated 14.06.1999 to exclude the construction workers who are migrant and casuals feom ESI Scheme.
CLRA, POW, MW, HRA, ER, POB, POG,PF, ESI, MLW, PT,EC, ID, IE(SO) and many more. But the prominent enactment applicable to construction site is BOCW aCT.
From India, Mumbai
I take this opportunity to reply your queries as under, point wise:
Factory Licence is not required during construction of Plant. According to Rule 5 of MFR 1963 the occupier / manager of factory coming within the scope of the FA AFTER ITS COMMENCEMENT shall submit an application for registration of the Factory accompanied by an application for grant of Licence.
PF & ESI registrations are not granted to to any particular place or site but the same are granted to entity of company. When you have more than 20 employees all over including site contract labours, PF & ESI Act are applicable to your company and you are liable to register your company under this Acts and comply accordingly.
PF is mandatory when you employ any person even for a single day also directly or otherwise, through contract, sub contract, sub sub contract. Please read the judgement of Mumbai High Court Nagpur Bench of Builders Association of India. However, you can take benefit by excluding employees within the parameter of law.
You CAN take a shelter of a circular by ESIC HQ bearing number Construction 4/99 dated 14.06.1999 to exclude the construction workers who are migrant and casuals feom ESI Scheme.
CLRA, POW, MW, HRA, ER, POB, POG,PF, ESI, MLW, PT,EC, ID, IE(SO) and many more. But the prominent enactment applicable to construction site is BOCW aCT.
From India, Mumbai
Dear Arun ji,
Below given link may be useful to you............................................... .................................................. .................................................. .....
https://www.google.com/url?q=https:/...rOz9mbz6aJ0ZPw
From India, Mumbai
Below given link may be useful to you............................................... .................................................. .................................................. .....
https://www.google.com/url?q=https:/...rOz9mbz6aJ0ZPw
From India, Mumbai
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STATUTORY COMPLIANCES CHECKLIST ON VARIOUS LABOUR LAWS.xls