The Constitution of India recognizes the ‘right to livelihood’ as an integral part of the fundamental right to life. Labour Laws in India have been designed from a worker emancipation perspective – including those relating to factories, mines, plantations, shops, commercial establishments as well as those relating to the payment of wages, regulation of trade unions, provision of social security, industrial safety and hygiene, etc. Therefore, organizations in India are under an obligation to perform Labour Law Compliances under various Acts.
The Labour Laws, generally applicable to organizations, are:
- Shops and Commercial Establishments Act (S&E)
- The Employees Provident Funds and Miscellaneous Provision Act - 1952 (EPF)
- The Employees State Insurance Corporation Act - 1948 (ESIC)
- The Professional Tax Act (PT) 1975
- The Labour Welfare Fund Act (LWF) 1965
- The Contract Labour (Regulation & Abolition) Act - 1970 (CLRA)
- The Child Labour (Prohibition & Regulation Act), 1986
- The Minimum Wages Act-1948
- The Payment of Wages Act-1936
- The Payment of Bonus Act-1965
- The Maternity Benefit Act-1961
- The Payment of Gratuity Act-1972
- The Equal Remuneration Act-1976
- The Industrial Establishment (N&FH) ACT 1963
- The Employment Exchange (Compulsory Notification of Vacancies) ACT-1959
- Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) ACT, 2013
- The Employees Compensation ACT-1923
- The Industrial Employment (Standing Orders) ACT 1946 - Model Standing Order Only
- The Industrial Disputes ACT 1947
- The Apprentice ACT, 1961
- The Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) ACT, 1979
- The Factories ACT, 1948
- The Trade Unions Act, 1926
Given the changing economic requirements in recent times, the Indian Government has been increasingly conscious of the needs of the business as well. Accordingly, it has been slowly and steadily working towards labor reform in order to improve the ease of doing business.
How ASC help?
- Evaluation of the labor laws applicable to any organization
- Obtaining the requisite registrations, approvals, authorizations, licenses from the department.
- Assistance in calculating the periodic contributions under the respective laws and remittance of statutory payments.
- Finalisation and filing of the returns of various labor laws.
- Review of Labour Law compliances done in the past.
- Amendment of application or renewal of registrations under the various labor laws.
- Maintenance of statutory registers, records, notices, and returns.
- Liaison with the labor law Commissionerate and other authorities.
- Monitoring of compliance-related with contractors.
- Assistance during departmental inspections or assessments in the form of liaising and pre-audit services.