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

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 THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 THE MOTOR TRANSPORT WORKERS ACT, 1961 THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT 1958 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 Workmen’s Compensation Act, 1923 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 CONDITIONS OF EMPLOYMENT, LAY OFF, RETRENCHMENT CLOSURE - INDUSTRIAL DISPUTES ACT 1947 ACCIDENTS - ESI ACT & WORKMENS COMPENSATION ACT 1923 WAGES PAID back

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