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mahajansahab
2

Dear All,
We have our Pvt Ltd registered in Amritsar, Punjab and and Office in Delhi. We have employees in a few states who are our sales agents & technicians in cities like Delhi, Jaipur, Kanpur etc.
I would like to ask that as per delhi labour law, how do we maintain attendance register / muster rolls & other documents where phycial presence of employee is required daily at office. All the field employees come to office once a month rather employees from other states hardly visit Delhi or Amritsar.
Second : the field employees in other cities than Delhi/Amritsar fall under which State Law ?
Thanks in advance.

From India, New%20Delhi
umakanthan53
6018

Dear Mahajan,
Every state has got several labor laws. Therefore I am at a loss to understand what is that " Delhi Labor Law" under which you are required to maintain the so-called registers and documents in respect of your Company's employees working elsewhere outside Delhi. I think the way you framed your question leaves the readers indulge in educated guess only.
(1)Probably, yours is a Delhi regional/branch office of the Company registered at Amritsar and as such it is an "establishment" u/s 2(9) of the Delhi Shops and Establishments Act,1954. Therefore, all the registers and documents relating to the employment of those employees belonging to the Delhi Region or branch AND working in the particular establishment have to be maintained. My cursory perusal of the Schedule to the Act dealing with exemptions indicates that employees whose work involves travelling or outside the establishment are exempted from the provisions of hours of work, intervals for rest,spread over and as such the registers relating to such exempted aspects of daily work need not be maintained. All other registers and documents like leave register, wages register etc have to be maintained and if the office is empowered to issue letters of appointment, that should be issued.
(2)Employees working in other areas have to be covered under the respective State's Shops & Estt Act only because place of work alone determines jurisdiction under any law.

From India, Salem
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