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Labour Laws in India COMPLAINCE AND DUE DILIGENCE

Labour Laws in India COMPLAINCE AND DUE DILIGENCE

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Labour Laws in India COMPLAINCE AND DUE DILIGENCE

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  1. NIRC-ICSI Labour Laws in India COMPLAINCE AND DUE DILIGENCE By Anupam Malik Joint Labour Commissioner Haryana

  2. ISSUES FOR AN INDUSTRY • Approval of factory/building plan for industrial safety, Health and Welfare • Organization goals and culture • Manpower planning and recruitment • Core and non-core activities vis-à-vis manpower planning • Manpower outsourcing plans • Application of SA8000 Standard based on ILO conventions – India being a member country

  3. LABOUR LAWS AND THEIR COMPLIANCE INDUSTRIAL RELATIONS SOCIAL SECURITY INDUSTRIAL SAFETY & HEALTH PROHIBITING LAWS FOR PROTECTION OF UNORGANISED LABOUR REGULATORY LAWS WAGES COMPLIANCE AND DUE DILIGENCE

  4. Industrial Safety and Health The Factories Act, 1948 • REGISTRATION & LICENSING • INDUSTRIAL SAFETY • HEALTH • WELFARE The Building and other Construction Workers Welfare Cess Act 1996 The Maternity Benefits Act, 1961 PROTECTION OF RIGHTS OF WOMEN WORKERS DURING PREGNANCY AND STAGES OR EVENTS CONNECTED THEREWITH back

  5. REGULATORY LAWS • THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 • THE MOTOR TRANSPORT WORKERS ACT, 1961 • THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT 1958 back

  6. INDUSTRIAL RELATIONS • INDUSTRIAL DISPUTES ACT, 1947 • TRADE UNIONS ACT, 1926 • INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 back

  7. Wages • The Payment of Wages Act, 1936; • The Minimum Wages Act, 1948; • The Equal Remuneration Act, 1976; • The Payment of Bonus Act, 1965 back

  8. Social Security Legislations • The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; • The Employees’ State Insurance Act, 1948; • The Payment of Gratuity Act, 1972 • The Workmen’s Compensation Act, 1923 back

  9. PROHIBITING LAWS FOR PROTECTION OF UNORGANISED LABOUR • The Bonded Labour System (Abolition) Act, 1976; • The Child Labour (Prohibition and Regulation) Act, 1986; • The Supreme Court decision prohibiting hazardous employment of children below 14 years back

  10. COMPLIANCE AND DUE DILIGENCEREGULAR AND EVENT BASED REGULAR • FACTORY REGISTRATION / LICENSE, APPROVAL OF BUILDING PLANS, SAFETY, HEALTH, WELFARE.- EXEMPTIONS • ESTABLISHEMENT REGISTRATION UNDER SHOPS AND COMMERCIAL ESTABLISHMENTS ACT AND OTHER RECORD. .- EXEMPTIONS • CERTIFICATION OF STANDING ORDERS. • MANPOWER - PROPER RECORD - APPOINTMENT ATTENDANCE, AND WAGES (SERVICE). • WAGES PAID IN TIME, IN CASH, WITHOUT ILLEGAL DEDUCTION OR DISCRIMINATION • SOCIAL SECURITY RECORD OF DEDUCTIONS, TIMELY DEPOSITS, AND TIMELY FILING OF RETURNS – RECORD FOR EMPLOYEES. • CONTRACT LABOUR EMPLOYMENT – REGISTRATION, LICENSE, WAGES, WELFARE. EVENT BASED • DISPUTES, CHANGE CONDITIONS OF EMPLOYMENT, LAY OFF, RETRENCHMENT CLOSURE - INDUSTRIAL DISPUTES ACT 1947 • ACCIDENTS - ESI ACT & WORKMENS COMPENSATION ACT 1923 • WAGES PAID back

  11. COMPLIANCE AND DUE DILIGENCE CASE STUDY MANUFACTURING SECTOR I.T I.T.E / BPO SECTOR SERVICE SECTOR