If a institute is complying to all labour laws like minimum wages, maternity act, payment of wages act etc...
But not maintaining the documents/ forms/ registers... What is the likely penalty or liability on the institute
From India, Pune
But not maintaining the documents/ forms/ registers... What is the likely penalty or liability on the institute
From India, Pune
I am not sure what prompts such a query - whether the convenience of computerised data keeping or some other reason best known to the poster. Maintenance of documents such as registers, notices prescribed in the Rules made under the various Labor Laws with up to-date entries and production of the same for inspection whenever demanded by the authorities concerned is also an essential part of legal compliance. Non-compliance would result in prosecution before a Court of Law and imposition of fine. The questioner can verify the penal provision in every such Law.
From India, Salem
6018From India, Salem
Sir umakanthan...thanks for the reply.
Just one more query... For an example if the institute is asked to produce documents as per minimum wages act...so the payslips , where the wages are as per the govt notification... Will this suffice the requirements?
From India, Pune
Just one more query... For an example if the institute is asked to produce documents as per minimum wages act...so the payslips , where the wages are as per the govt notification... Will this suffice the requirements?
From India, Pune
Dear Friend,
Please go through the State Minimum Wages Rules and you would find various registers to be maintained such as Muster roll, register of wages, register of deductions, wages slip etc. In addition you have to exhibit the abstract of the Act and Rules, the name and address of the Inspectors for the area etc.
From India, Salem
Please go through the State Minimum Wages Rules and you would find various registers to be maintained such as Muster roll, register of wages, register of deductions, wages slip etc. In addition you have to exhibit the abstract of the Act and Rules, the name and address of the Inspectors for the area etc.
From India, Salem
For many companies it may not be practical to maintain things such as Combined Muster Roll cum Register of Wages in physical form due to various reasons such as:
(1) Hundreds or thousands of employees in a single location
(2) Getting signature of all employees on the register will mean the employee can see salary of other employees on that page in the register
How is this generally handled? Can smaller companies adopt similar practices?
Thanks.
From India, Delhi
(1) Hundreds or thousands of employees in a single location
(2) Getting signature of all employees on the register will mean the employee can see salary of other employees on that page in the register
How is this generally handled? Can smaller companies adopt similar practices?
Thanks.
From India, Delhi
Dear friend,
The larger the organization becomes, the bigger would be the issues to be handled. Just because you have got a multitude of employees under a single roof, you can not expect to be exempted from the provisions of maintaining registers, notices etc., which are the basic documents of proving the no and names of the people employed. May be the maintenance and production of such documents to inspecting authorities dispensed with when the Inspecting Agencies are empowered access to your computers where such data are stored by you. Till then, you have to follow the existing manual methods of compliance by creating separate section for this purpose. Regarding your second query, pl go through the recent amendment to section 6 of the Payment of Wages Act,1936.
From India, Salem
The larger the organization becomes, the bigger would be the issues to be handled. Just because you have got a multitude of employees under a single roof, you can not expect to be exempted from the provisions of maintaining registers, notices etc., which are the basic documents of proving the no and names of the people employed. May be the maintenance and production of such documents to inspecting authorities dispensed with when the Inspecting Agencies are empowered access to your computers where such data are stored by you. Till then, you have to follow the existing manual methods of compliance by creating separate section for this purpose. Regarding your second query, pl go through the recent amendment to section 6 of the Payment of Wages Act,1936.
From India, Salem
Dear Sir,
Thank you for the reply. I understand that no exemption can be expected. However I was wondering how it is generally handled. You mentioned "May be the maintenance and production of such documents to inspecting authorities dispensed with when the Inspecting Agencies are empowered access to your computers where such data are stored by you". This is exactly what I am trying to understand. Whether the law allows employers to maintain the registers electronically and if any specific permission is required in such a case. If not, is just a print out kept in a file sufficient?
Regarding the second query, the amendment refers to options of payment by cheque/bank transfer. So if payment is made directly to the bank account of the employee, does that mean the employer is not required to get the employees' signature in the Form T - Combined Muster Roll cum Register of Wages according the the current law?
Thanks.
From India, Delhi
Thank you for the reply. I understand that no exemption can be expected. However I was wondering how it is generally handled. You mentioned "May be the maintenance and production of such documents to inspecting authorities dispensed with when the Inspecting Agencies are empowered access to your computers where such data are stored by you". This is exactly what I am trying to understand. Whether the law allows employers to maintain the registers electronically and if any specific permission is required in such a case. If not, is just a print out kept in a file sufficient?
Regarding the second query, the amendment refers to options of payment by cheque/bank transfer. So if payment is made directly to the bank account of the employee, does that mean the employer is not required to get the employees' signature in the Form T - Combined Muster Roll cum Register of Wages according the the current law?
Thanks.
From India, Delhi
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Labour laws compliance.doc
Compliance of labour laws.pdf