By Anupam Malik Additional Labour Commissioner Haryana NIRC - ICSI Labour Laws COMPLAINCE AND DUE DILIGENCE The new perspective & First ever web enabled facilities by Labour Department Haryana By Anupam Malik Additional Labour Commissioner Haryana

ISSUES ON COMPLIANCE OF LABOUR LAWS GLOBALISED MARKETS AND COMPETITION. THE CHANGING WAYS OF CONDUCTING BUSINESS. RAPID CHANGE IN TECHNOLOGIES. MOBILITY OF LABOUR. NEED FOR FLEXIBILITY OF ORGANISATIONS NEED TO CATER TO CLIENTS LOCATED IN DIFFERENT TIME ZONES OF THE WORLD. SOCIAL AND CULTURAL CHANGE DUE TO SO MANY CHANGES. LAWS MUST CONFORM TO THE NEED OF CHANGING TIMES. HOW TO CONFORM TO THE REQUIREMENTS OF SOCIAL CLAUSE OF THE WTO WITHOUT HARM TO THE INDUSTRY – SA 8000 STANDARDS

WHAT ARE GLOBAL LABOUR STANDARDS? THOSE WE PERCEIVE ? THOSE PROVIDED IN OUR LAW ? THOSE PERSCRIBED BY THE ILO ? THOSE PERCEIVED BY THE BUYER ?

The core labour standards have been crystallized to nine major issues based on – The eleven conventions of the International Labour Organization, The UN’s Universal Declaration of Human Rights and The Convention on Rights of the Child. These 9 major issues are as follows -

SOCIAL ACCOUNTABILITY – 8000 (SA- 8000) STANDARDS No child Labor No Forced Labor Health and Safety Freedom of Association and Right to Collective Bargaining Discrimination Discipline Working Hours Compensation Management Systems

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

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

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

REGULATORY LAWS Factories Act, 1948 The Contract Labour (Regulation And Abolition) Act, 1970 The Motor Transport Workers Act, 1961 The Punjab Shops And Commercial Establishments Act, 1958 Industrial Employment (Standing Orders) Act, 1946 back

INDUSTRIAL RELATIONS Industrial Disputes Act, 1947 Trade Unions Act, 1926 Industrial Employment (Standing Orders) Act, 1946 Back

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

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 Employee’s Compensation Act, 2009 back

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

COMPLIANCE AND DUE DILIGENCE REGULAR AND EVENT BASED 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 IN CONDITIONS OF EMPLOYMENT, LAY OFF, RETRENCHMENT CLOSURE - INDUSTRIAL DISPUTES ACT 1947 ACCIDENTS - ESI ACT & WORKMENS COMPENSATION ACT 1923 WAGE DISPUTE back

Be a business manager not just a Company Secretary Change Your Mind Set Traditional Mindset Reality Today BUSINESS = Battlefield BUSINESS IS AN ECOSYSTEM CORPORATION = Machine CORPORATION IS A COMMUNITY MANAGEMENT = Control MANAGEMENT IS SERVICE EMPLOYEE = Child EMPLOYEE IS A PEER MOTIVATION = Fear MOTIVATION WITH VISION “It may be possible to punish employees into compliance, but we cannot punish them into commitment and commitment is what today's organizations require”.

God Bless India Thank you