Can any one suggest me what all laws are applicable to a startup IT company with less than 20 employees on roll. My company is located in Pune (Maharashtra).
From India, Mumbai
From India, Mumbai
Dear Nehasonwane22,
First of all, there is no concept of on roll and off roll. There can be a direct roll or indirect roll, i.e., through a contractor or third party. You may have employees on a contractual basis, i.e., Fixed Term. You may have full-time employment or part-time employment.
Now, the answer to your specific query in specific words is as follows:
When you have less than 20 (that means 19 and fewer) employees altogether, including those through a contractor or third party and Fixed Term, part-time, etc., the following Acts are applicable to you in Maharashtra:
1. MLWF
2. PTax
3. ESI Act if you are a factory.
From India, Mumbai
First of all, there is no concept of on roll and off roll. There can be a direct roll or indirect roll, i.e., through a contractor or third party. You may have employees on a contractual basis, i.e., Fixed Term. You may have full-time employment or part-time employment.
Now, the answer to your specific query in specific words is as follows:
When you have less than 20 (that means 19 and fewer) employees altogether, including those through a contractor or third party and Fixed Term, part-time, etc., the following Acts are applicable to you in Maharashtra:
1. MLWF
2. PTax
3. ESI Act if you are a factory.
From India, Mumbai
Dear Suggestion-Seeker,
Your Point: "Can anyone suggest to me what laws are applicable to a startup IT company with less than 20 employees on the muster roll? My company is located in Pune."
Kritarth Team Suggests: To boost survival, growth, consolidation, and thriving business profits stages, comply with the following laws to begin with and "properly & faithfully implement" the provisions applicable to your establishment, in letter & spirit:
1. The Shops & Establishment Act; and
2. "Sexual Harassment of Women at Workplace (P.P & R) Act 2013" to create a safe and secure workplace where everyone contributes their best towards creating wealth and wellbeing, where the fundamental rights to live with dignity and honor are guaranteed, and where no woman is subjected to sexual harassment. Constitute the internal committee for your establishment; and
3. PF & Misc. Provisions Act 1952 and amendments; and
4. Payment of Wages Act; and
5. Gratuity Act; and
6. Other Acts and Rules gazetted by the Government of Maharashtra.
Let your priority be to safeguard the employer/management and avoid penalties for non-compliance so that the revenue/fund is utilized for business purposes, not only business-related ones.
Kritarth Team of Special Educators has successfully served several Pune-based establishments in implementing SHWW Act 2013 mentioned above.
Kritarth Team,
28th June 2018
From India, Delhi
Your Point: "Can anyone suggest to me what laws are applicable to a startup IT company with less than 20 employees on the muster roll? My company is located in Pune."
Kritarth Team Suggests: To boost survival, growth, consolidation, and thriving business profits stages, comply with the following laws to begin with and "properly & faithfully implement" the provisions applicable to your establishment, in letter & spirit:
1. The Shops & Establishment Act; and
2. "Sexual Harassment of Women at Workplace (P.P & R) Act 2013" to create a safe and secure workplace where everyone contributes their best towards creating wealth and wellbeing, where the fundamental rights to live with dignity and honor are guaranteed, and where no woman is subjected to sexual harassment. Constitute the internal committee for your establishment; and
3. PF & Misc. Provisions Act 1952 and amendments; and
4. Payment of Wages Act; and
5. Gratuity Act; and
6. Other Acts and Rules gazetted by the Government of Maharashtra.
Let your priority be to safeguard the employer/management and avoid penalties for non-compliance so that the revenue/fund is utilized for business purposes, not only business-related ones.
Kritarth Team of Special Educators has successfully served several Pune-based establishments in implementing SHWW Act 2013 mentioned above.
Kritarth Team,
28th June 2018
From India, Delhi
Dear Nehasonwane22,
In addition to what I said in my reply, you need to comply with the following other enactments:
1. Shop and Establishment Act - You need to apply for and obtain an S&E license if you have 10 or more employees. If you have less than 10 employees, intimate the department online in the prescribed format.
2. Payment of Wages Act - Pay salary by the 7th. Pay by cheque or bank transfer. Make only authorized deductions from salary.
3. Minimum Wage Act - Pay as per the prescribed minimum wage rates for your industry and location or more than it.
4. POSH Act - Comply with the provisions if you have more than 10 employees, including formulating an Internal Committee.
5. Payment of Gratuity Act - Comply with the provisions if you have more than 10 employees.
6. Maternity Benefit Act - If you have more than 10 employees (non-ESI members).
7. Employee Compensation Act - Comply with the provisions of the Act for non-ESI members.
Thank you.
From India, Mumbai
In addition to what I said in my reply, you need to comply with the following other enactments:
1. Shop and Establishment Act - You need to apply for and obtain an S&E license if you have 10 or more employees. If you have less than 10 employees, intimate the department online in the prescribed format.
2. Payment of Wages Act - Pay salary by the 7th. Pay by cheque or bank transfer. Make only authorized deductions from salary.
3. Minimum Wage Act - Pay as per the prescribed minimum wage rates for your industry and location or more than it.
4. POSH Act - Comply with the provisions if you have more than 10 employees, including formulating an Internal Committee.
5. Payment of Gratuity Act - Comply with the provisions if you have more than 10 employees.
6. Maternity Benefit Act - If you have more than 10 employees (non-ESI members).
7. Employee Compensation Act - Comply with the provisions of the Act for non-ESI members.
Thank you.
From India, Mumbai
Yours is a commercial establishment, therefore, it is covered under the Shop and Establishment Act. You need to obtain registration under the same.
The main objective of the Act is to protect the rights of both the employer and employee. The Shop and Establishment Act generally regulates payment of wages, hours of work, terms of service, wages for holidays, leave policy, work conditions, overtime work, interval for meals and rest, prohibition for employment of children, employment of young persons or women, maternity leave and benefits thereof, opening and closing hours, closed days, weekly holiday, dismissal, cleanliness, lighting and ventilation, fire safety and precautions, accidents, record keeping, etc.
From India, Mumbai
The main objective of the Act is to protect the rights of both the employer and employee. The Shop and Establishment Act generally regulates payment of wages, hours of work, terms of service, wages for holidays, leave policy, work conditions, overtime work, interval for meals and rest, prohibition for employment of children, employment of young persons or women, maternity leave and benefits thereof, opening and closing hours, closed days, weekly holiday, dismissal, cleanliness, lighting and ventilation, fire safety and precautions, accidents, record keeping, etc.
From India, Mumbai
Dear Prabhat ji,
You advised the member to obtain registration under S&E Act, as opposed to my advice to him to obtain S&E registration if he has 10 or more employees. In the case that he has less than 10 employees, he should inform the department online in the prescribed format.
Kindly verify the facts regarding the provisions of the law from your end and provide the correct position.
.................................................. .................................................. .................................................. ..........
From India, Mumbai
You advised the member to obtain registration under S&E Act, as opposed to my advice to him to obtain S&E registration if he has 10 or more employees. In the case that he has less than 10 employees, he should inform the department online in the prescribed format.
Kindly verify the facts regarding the provisions of the law from your end and provide the correct position.
.................................................. .................................................. .................................................. ..........
From India, Mumbai
Dear Sri Koregaonkarji,
The opinion is nothing but speaks about the objectives of S&E Act, since you have already replied. There is no suggestion pushed against your suggestion. Your posting and my posting are quite different in terms of the question asked for. The main confusion was less than 20 manpower.
You, therefore, are requested to consider that there was absolutely nothing from my side to push ideas against your opinion.
Regards
From India, Mumbai
The opinion is nothing but speaks about the objectives of S&E Act, since you have already replied. There is no suggestion pushed against your suggestion. Your posting and my posting are quite different in terms of the question asked for. The main confusion was less than 20 manpower.
You, therefore, are requested to consider that there was absolutely nothing from my side to push ideas against your opinion.
Regards
From India, Mumbai
HI
As of now the following Labour Laws are applicable to your establishments:-
1. The Employees Provident Funds and Miscellaneous Provisions Act – If you employee strength is twenty and more. While arriving the employee strength, employees engaged directly including par time employees, apprentice appointed under the Apprentice Act and through contractors will be taken into account to determine the applicability of the Act.
2. The Employees State Insurance Act – The act is applicable to your Establishment. The employee strength to determine the applicability of the Act is 10 and more.
3. The Payment of Gratuity Act
4. The Payment of Bonus Act
5. The Payment of Wages Act – If you engage employees drawing salary/wages less than Rs.21000/-
4. The Minimum Wages Act
5. The Bombay Labour Welfare Fund Act
6. The Maternity Benefit Act – In case you employ women employees
7 The Equal Remuneration Act – In case you employ women employees
8. The Employees Compensation Act
9. Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
10. The Bombay Labour Welfare Fund Act
11. The Contract Labour (Regulation & Abolition) Act in case you engage 50 or more workmen through contractors
POSH COMPLIANCE
11. The Sexual Harassment of Women at Work Place……Act 2013 – in case female employees are employed
Regards
P.S.Lakshmanan
S.G.Management Services
Kolkata
(Specialist in Labour Law Compliance, PF.ESI, P Tax, Benefit Management and POSH COMPLIANCE – PAN INDIA)
From India, Kolkata
As of now the following Labour Laws are applicable to your establishments:-
1. The Employees Provident Funds and Miscellaneous Provisions Act – If you employee strength is twenty and more. While arriving the employee strength, employees engaged directly including par time employees, apprentice appointed under the Apprentice Act and through contractors will be taken into account to determine the applicability of the Act.
2. The Employees State Insurance Act – The act is applicable to your Establishment. The employee strength to determine the applicability of the Act is 10 and more.
3. The Payment of Gratuity Act
4. The Payment of Bonus Act
5. The Payment of Wages Act – If you engage employees drawing salary/wages less than Rs.21000/-
4. The Minimum Wages Act
5. The Bombay Labour Welfare Fund Act
6. The Maternity Benefit Act – In case you employ women employees
7 The Equal Remuneration Act – In case you employ women employees
8. The Employees Compensation Act
9. Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017
10. The Bombay Labour Welfare Fund Act
11. The Contract Labour (Regulation & Abolition) Act in case you engage 50 or more workmen through contractors
POSH COMPLIANCE
11. The Sexual Harassment of Women at Work Place……Act 2013 – in case female employees are employed
Regards
P.S.Lakshmanan
S.G.Management Services
Kolkata
(Specialist in Labour Law Compliance, PF.ESI, P Tax, Benefit Management and POSH COMPLIANCE – PAN INDIA)
From India, Kolkata
Our company is an IT consulting Private limited - what are the statutory acts to be registered?
From India, Chennai
From India, Chennai
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We are excited to announce our Certified POSH Train The Trainer workshop on the following dates:
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From India, New Delhi
We are excited to announce our Certified POSH Train The Trainer workshop on the following dates:
April 26th at Marriott Hotel & Convention Centre, Hyderabad
April 27th at Hotel Pullman, Aerocity, New Delhi
May 10th at Ahmedabad (venue TBC)
Led by Vishal Bhasin, Founder of No Means No, this comprehensive program aims to equip you with an in-depth understanding of the finer nuances of the POSH Act, ensuring its effective implementation in your organization.
As a certified course, this workshop will enable participants to become certified POSH trainers, complete with internship opportunities at No Means No for practical experience and exposure in this essential domain.
To further support your journey, all corporate participants will receive access to exclusive content and enjoy 3 months of post-training support to ensure a seamless transition into their roles as POSH trainers.
Don't miss this unique opportunity to empower yourself as a certified POSH trainer and contribute to the creation of safe and inclusive workplaces. Reserve your seat today! https://lnkd.in/dWbpcgDR
From India, New Delhi
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