LABOuR COMPLIANCES

EPFO / ESIC / Factory / Other Labour Related
  • COMPLIANCE OF LABOR STATUTORY OBLIGATIONS
  • Decent working conditions and improved quality of life of workers, ensuring India without child labor in hazardous sectors and enhancing employability through employment services and skill development on a sustainable basis.
  • Improving the working conditions and the quality of life of workers through laying down and implementing policies / programmes / schemes / projects for providing social security and welfare measures, regulating conditions of work, occupational health and safety of workers, eliminating child labour from hazardous occupations and processes, strengthening enforcement of labour laws and promoting skill development and employment services.
  • The Documents required for Registration Certificate :
  • a. Authentic identity card of the Applicant like EPIC, Driving Licence, PAN
  • card, Aadhar Card, Passport, Bank & Post Office Pass Books, Ration Card,
  • Railway ID Card, Disabled-ID Card.
  • b. Certified copy of Agreement /Contract between Principal Employer and
  • the Contractor, if any.
  • c. Copy of the Registration/Challan of ESI/PF/ST/Registration Certificate
  • either under Factories Act or Shop Act, VAT, TIN.
  • d. List with full address and identity card of Partners / Directors / Owners/
  • Occupiers/ Proprietors of the Organistion.
  • e. Applicants / Authorised Signatories full name, address, designation with
  • Seal.
  • f. Authorisation / Power of Attorney Letter ( if applicable)
  • g. Declaration regarding non-employment of child labour
  • h. Copy of Memorandum of Association (MOA) / ROC in case of Private /
  • Public Companies.
  • Safety Health and Environment at Work Place
  • The Constitution of India provide detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy which set an aim to which the activities of the state are to be guided.
  • On the basis of these Directive Principles as well as international instruments, Government is committed to regulate all economic activities for management of safety and health risks at workplaces and to provide measures so as to ensure safe and healthy working conditions for every working man and woman in the nation.
  • Government recognizes that safety and health of workers has a positive impact on productivity and economic and social development. Prevention is an integral part of economic activities as high safety and health standard at work is as important as good business performance for new as well as existing industries.
  • SAMADHAN (Application for Monitoring And Disposal, Handling of Industrial Disputes)
  • A trade union or management can raise an industrial dispute which is connected with the employment or non-employment or the terms of employment or with the conditions of labour; Industrial dispute is raised before Conciliation Officer(C.O.) of the area.
  • Conciliation Officer for the purpose of bringing about a settlement of dispute, without delay, investigate the dispute and all matter affecting the merits and right settlement thereof and may do all such things as he thinks fit for the purpose of inducting the parties to come to a fair and amicable settlement of dispute.
  • If settlement of the dispute arrives in the course of conciliation proceedings then the Conciliation Officer (C.O.) sends a report thereof to the appropriate Government. If no such settlement is arrived at, the Conciliation Officer (C.O.) shall send to the appropriate Government , as soon as practicable after the close of the investigation , a report which is called Failure of Conciliation Report (FOC report).
  •  If, on a consideration of the report referred above, the appropriate Government is satisfied that there is a case for reference to Central Government Industrial Tribunal (CGIT), it may make such reference.
  • Central Government Industrial Tribunal-cum-Labour Courts
  • Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs) are set up under the provisions of Industrial Disputes Act, 1947 for adjudication of industrial disputes arising in Central Sphere. There are 22 CGIT-cum-LCs set up in various States. The CGIT-cum-LC No.1, Mumbai and CGIT-cum-LC, Kolkata also function as National Tribunals. These CGIT-cum-LCs are headed by Presiding Officers.
  • Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2-A) of section 10, submit its awards to the appropriate Government.
  • Improve ease of doing Business.Shram Suvidha Portal: In order to bring transparency and accountability in enforcement of labour laws and ease the complexity of compliance, Ministry of Labour& Employment has launched a unified Web Portal ‘Shram Suvidha Portal’ on 16.10.2014, catering to four major Organisations under the Ministry of Labour, namely –
    • Office of Chief Labour Commissioner (Central), Directorate General of Mines Safety,
    • Directorate General of Mines Safety,
    • Employees’ Provident Fund Organization; and
    • Employees’ State Insurance Corporation.
  • The Portal provides for allotment of a Unique Labour Identification Number (LIN) to establishments, filing of self-certified and simplified Single Online Common Annual Return by the establishments and also a transparent Labour Inspection Scheme through computerized system based on risk based criteria and uploading the inspection reports within 72 hours by the Labour inspectors.
  • Launching of the Shram Suvidha Portal has facilitated in bringing transparency and accountability leading to better enforcement of the Labour Laws. Transparent Labour Inspection Scheme has reduced the discretionary powers of the Inspectors and brought transparency in the inspection system thus minimizing the harassment of employers.
  • The facility of Online registration for allotment of Unique Labour Identification Number (LIN) and the Transparent Labour Inspection Scheme was started on the Portal with its launch on 16.10.2014 itself.
  • Filing of Single Unified Annual Return for 8 Labour Acts (10 Central Rules) was launched on 24.04.2015. It has facilitated in easing the compliance burden of the employers. Returns under the Contract Labour (Regulation and Abolition) Act, 1970, Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979; and Industrial Disputes Act, 1947, which were half yearly / annually earlier, now need to be filed by all employers annually only. This effort is an evidence of use of technology in order to enhance transparency and minimise harassment contributing to ease of doing business.
  • Online Common Annual Return filing under the Mines Act 1952, has also been facilitated on the Portal since 09.03.2016.
  • Common monthly return for EPFO & ESIC has also been facilitated on the Portal.
  • In the process of taking States/UT’s on board on the Shram Suvidha Portal so as to enhance the coverage, Haryana has become the first State to join the Portal by 31st March 2016.
  • Common Registration Format on the e-biz Portal of DIPP: Ministry has launched on 9th March 2016 the Common Registration Format on the e-biz Portal of DIPP, for registration under 5 Central Labour Laws viz.
  • The Employees Provident Fund & Miscellaneous Provisions Act, 1952
  • The Employees State Insurance Act, 1948,
  • The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996,
  • The Contract Labour (Regulation & Abolition) Act, 1970, and
  • The Inter-State Migrant Workmen(Regulation of Employment & Conditions of Service) Act, 1979
  • Simplification/ Reduction of Number of Registers to be maintained under various Central Labour Laws: After examination by the Expert Committee constituted in the Ministry, it was found that various establishments have to maintain about 79 Registers as provided under various Central Labour Laws. Further, the information to be maintained under various Registers can be rationalised and simplified by avoiding duplicity of information or deleting redundant fields from the formats of the Registers. Moving forward, on this concept, the common fields were amalgamated and some rationalised resulting in reducing 56 Registers to 5 Registers to be maintained by the establishments. A pre-publication Notification dated 04.11.2016 has been issued to amend the Rules of respective Labour Acts to modify the format of Registers to be maintained. Simultaneously, software is being developed to provide the facility of maintaining these Registers in digitised format for further reducing the efforts in terms of time, human resource and money of the establishments.
  • Simplification/ Reduction of Number of Registers to be maintained under various Central Labour Laws: After examination by the Expert Committee constituted in the Ministry, it was found that various establishments have to maintain about 79 Registers as provided under various Central Labour Laws. Further, the information to be maintained under various Registers can be rationalised and simplified by avoiding duplicity of information or deleting redundant fields from the formats of the Registers. Moving forward, on this concept, the common fields were amalgamated and some rationalised resulting in reducing 56 Registers to 5 Registers to be maintained by the establishments. A pre-publication Notification dated 04.11.2016 has been issued to amend the Rules of respective Labour Acts to modify the format of Registers to be maintained. Simultaneously, software is being developed to provide the facility of maintaining these Registers in digitised format for further reducing the efforts in terms of time, human resource and money of the establishments.
  • Start-Up India – Compliance regime based on self-certification: In order to promote the Start-Up ecosystem in the country and incentivizing the entrepreneurs in setting up new start-up ventures and thus catalyze the creation of employment opportunities through them, Ministry of Labour& Employment has issued on 12.01.2016 an advisory to the States/UTs/Central Labour Enforcement Agencies for a compliance regime based on self-certification and regulating the inspections under various Labour Laws. The advisory aims to promote setting of start-ups which are necessary for creating large employment opportunities. If such start-ups have furnished self-declaration, no inspection will take place under the specified 9 labour laws in the first year of setting up of the Start-up. This will allow start-ups to concentrate on their work. From the second year onwards, up to 3 years from the setting up of the units, such start-ups are required to furnish self-certified returns and would be inspected under these 9 labour laws only when credible and verifiable complaint of violation is filed in writing and approved by the higher authorities. This measure intends to avoid harassment of the entrepreneurs by restricting the discretion and arbitrariness in the matter of inspection of start-ups.
  • MSMEs – Compliance regime based on self-certification: In order to incentivize setting up of MSMEs to generate employment opportunities through them, Ministry of Labour& Employment has issued, an advisory to the States/UTs/Central Labour Enforcement Agencies on 19.02.2016 for a compliance regime based on self-certification and regulating the inspections of MSMEs under certain Labour Laws, through an Inspection Scheme. The advisory aims to simplify and ease the compliance burden of these MSMEs under 6 Labour Laws during their initial 3 years of establishment with an inspection scheme taking into account the self-certifying compliance with the 6 Labour Laws. MSMEs can self-certify compliance through a combined single self-certified return under these laws. For MSMEs which are less than 3 years old and have given a self-certified return mentioned above, the inspection scheme may provide that only a small percentage of such units shall be verified through a random risk based inspection system for compliance under the above mentioned laws. Further, the States/UTs may develop their self-declaration form to be furnished by the MSMEs during first year of establishment to decide the inspection criteria till the time the establishment files their first self-certified return.
  • Deals in the followings
  • Registrations / Renewal / Amendment under Shops &Estt. Act
  • Statutory Registers preparation & Maintenance
  • Periodical Returns to be filed to different statutory departments
  • Liasion with Labor, ESI,EPF, Department of Factories and other Inspectors
  • Attending Inspections on behalf of Clients
  • Periodical HR & Statutory Audits
  • Support in Court related matters
      • EPFO – EMPLOYEES PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952 :
    • EPFO is one of the World’s largest Social Security Organisations in terms of clientele and the volume of financial transactions undertaken. At present it maintains 19.34 crore accounts (Annual Report 2016-17) pertaining to its members.
    • The Employees’ Provident Fund came into existence with the promulgation of the Employees’ Provident Funds Ordinance on the 15th November, 1951. It was replaced by the Employees’ Provident Funds Act, 1952.
    • The Employees’ Provident Funds Bill was introduced in the Parliament as Bill Number 15 of the year 1952 as a Bill to provide for the institution of provident funds for employees in factories and other establishments. The Act is now referred as the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 which extends to the whole of India.
    • The Act and Schemes framed there under are administered by a tri-partite Board known as the Central Board of Trustees, Employees’ Provident Fund,consisting of representatives of Government (Both Central and State), Employers, and Employees.
    • The Central Board of Trustees administers a contributory provident fund, pension scheme and an insurance scheme for the workforce engaged in the organized sector in India. The Board is assisted by the Employees’ PF Organization (EPFO), consisting of offices at 135 locations across the country. The Organization has a well equipped training set up where officers and employees of the Organization as well as Representatives of the Employers and Employees attend sessions for trainings and seminars.The EPFO is under the administrative control of Ministry of Labour and Employment, Government of India EPFO Organisation Structure (Annual Report 2015-16)
    • The Board operates three schemes – EPF Scheme 1952, Pension Scheme 1995 (EPS) and Insurance Scheme 1976 (EDLI).
    • Employees’ Provident Fund Organisation has a vision to reposition itself as a world class Social Security Organisation providing futuristic services meeting the growing requirements of all categories of its stakeholders. EPFO Vision 2030 envisages:
    • Universal Social Security Coverage on mandatory basis by way of Provident Fund, Pension and Life Insurance for all workers of the country
    • Online Services for all EPFO benefits with State-of-the-Art Technology
    • Implementation of policies for a benefit structure with adequate support level of social security
  • EPF Scheme 1952
    • Accumulation plus interest upon retirement and death
    • Partial withdrawals allowed for education, marriage, illness and house construction
    • Housing Scheme for EPFO Members to achieve Hon’ble Prime Minister’s Vision of housing to all Indians by 2022
  • Pension Scheme 1995 (EPS)
    • Monthly benefit for superannuation/retirement, disability, survivor, widow(er) and children
    • Minimum pension on disablement
    • Past service benefit to participants of erstwhile Family Pension Scheme, 1971
  • Insurance Scheme 1976 (EDLI)
    • Benefit provided in case of death of an employee who was a member of the scheme at the time of death
    • Benefit amount 20 times of the wages. Maximum benefit of 6 lakh.
  • FOR EMPLOYERS
    • The Employees’ Provident Fund and Miscellaneous Provisions Act 1952 applies to the Factories engaged in Industries specified in Schedule I of the Act or to other establishments notified and engaging 20 or more employees.
    • To facilitate easy compliance by the Big Industries, Micro, Small and Medium Enterprises (MSME), other Establishments EPFO has provided online facilities starting from the registration of the Establishments, filing of monthly returns integrated with online payment of the contributions and charges.
    • The process for all the online facilities are explained through well illustrated documents and FAQs and even the probable entrepreneurs can visit the site and collect the information
  • Services Provided by us
    • Registration
    • Monthly Contributions & Return Filing
    • Employees K Y C
    • Managing EPF Accounts
    • Claims and Settelements  (Super-Annuation, Loans, Pension, Death Claims etc.,)
      • ESIC – EMPLOYEES STATE INSURANCE CORPORATION UNDER EMPLOYEES STATE INSURANCE ACT, 1948 :
  • The promulgation of Employees’ State Insurance Act, 1948(ESI Act), by the Parliament was the first major legislation on social Security for workers in independent India. It was a time when the industry was still in a nascent stage and the country was heavily dependent on an assortment of imported goods from the developed or fast developing countries. The deployment of manpower in manufacturing processes was limited to a few select industries such as jute, textile, chemicals etc. The legislation on creation and development of a fool proof multi-dimensional Social Security system, when the country’s economy was in a very fledgling state was obviously a remarkable gesture towards the socio economic amelioration of a workface though limited in number and geographic distribution. India, notwithstanding, thus, took the lead in providing organized social protection to the working class through statutory provisions.
  • The ESI Act 1948, encompasses certain health related eventualities that the workers are generally exposed to; such as sickness, maternity, temporary or permanent disablement, Occupational disease or death due to employment injury, resulting in loss of wages or earning capacity-total or partial. Social security provision made in the Act to counterbalance or negate the resulting physical or financial distress in such contingencies, are thus, aimed at upholding human dignity in times of crises through protection from deprivation, destitution and social degradation while enabling the society the retention and continuity of a socially useful and productive manpower.
  • The scheme was inaugurated in Kanpur on 24th February 1952 (ESIC Day) by then Prime Minister Pandit Jawahar Lal Nehru. The venue was the Brijender Swarup Park, Kanpur and Panditji addressed a 70,000 strong gathering in Hindi in the presence of Pt.Gobind Ballabh Pant, Chief Minister Uttar Pradesh; Babu Jagjivan Ram, Union Labour Minister; Raj Kumari Amrit Kaur, Union Health Minister; Sh.ChandrabhanGupt, Union Food Minister and Dr.C.L.Katial, the first Director General of ESIC.
  • The scheme was simultaneously launched at Delhi as well and the initial coverage for both the centres was 1,20,000 employees. Our first prime Minister was the first honorary insured person of the Scheme and the declaration form bearing his signature is a prized possession of the Corporation.
  • It is important to mention here that it blossomed as the first social security scheme in 1944, when the Govt. of the day was still British.The first document on social insurance was “Report on Health Insurance” submitted to the Tripartite Labour Conference, headed by Prof. B.P.Adarkar, an eminent scholar and visionary. The Report was acclaimed as a worthy document and forerunner of the social security scheme in India and Prof. Adarkar was acknowledged as “Chhota Beveridge” by none other than Sardar Vallabhbhai Patel. Sir, William Beveridge, as all know, was one of the high priests of social insurance. The report was accepted and Prof. Adarkar continued to be actively associated with it till 1946. On his disassociation he strongly advocated management of the Scheme by an expert from ILO. In 1948 Dr. C.L.Katial, an eminent Indian doctor from London took over as the 1st Director General of ESIC and he steered the affairs of the fledgling Scheme till 1953.
  • Since the red letter day of 24th February in the annals of social security in India, there has been no looking back. A lighted lamp which is the logo of ESIC truly symbolises the spirit of the Scheme, lighting up lives of innumerable families of workers by replacing despair with hope and providing help in times of distress, both physical and financial.
  • During the 68 years of its existence, ESIC has grown from strength to strength and the Corporation owes it, most of all, to the commitment, dedication and perseverance of persons like Prof. Adarkar and Dr. Katial.
  • Benefits
    • The section 46 of the Act envisages following six social security benefits :-
    • Medical Benefit : Full medical care is provided to an Insured person and his family members from the day he enters insurable employment. There is no ceiling on expenditure on the treatment of an Insured Person or his family member. Medical care is also provided to retired and permanently disabled insured persons and their spouses on payment of a token annual premium of Rs.120/- .
    • System of Treatment
    • Scale of Medical Benefit
    • Benefits to Retired IPs
    • Administration of Medical Benefit in a State
    • Domiciliary treatment
    • Specialist consultation
    • In-Patient treatment
    • Imaging Services
    • Artificial Limbs & Aids
    • Special Provisions
    • Reimbursement
    • (b) Sickness Benefit(SB) : Sickness Benefit in the form of cash compensation at the rate of 70 per cent of wages is payable to insured workers during the periods of certified sickness for a maximum of 91 days in a year. In order to qualify for sickness benefit the insured worker is required to contribute for 78 days in a contribution period of 6 months.
      • 1. Extended Sickness Benefit(ESB) : SB extendable upto two years in the case of 34 malignant and long-term diseases at an enhanced rate of 80 per cent of wages.
      • 2. Enhanced Sickness Benefit : Enhanced Sickness Benefit equal to full wage is payable to insured persons undergoing sterilization for 7 days/14 days for male and female workers respectively.
    • (c) Maternity Benefit (MB) : Maternity Benefit for confinement/pregnancy is payable for Twenty Six (26) weeks, which is extendable by further one month on medical advice at the rate of full wage subject to contribution for 70 days in the preceding Two Contribution Periods.
    • (d) Disablement Benefit
      • Temporary disablement benefit (TDB) : From day one of entering insurable employment & irrespective of having paid any contribution in case of employment injury. Temporary Disablement Benefit at the rate of 90% of wage is payable so long as disability continues.
    • `Permanent disablement benefit (PDB) : The benefit is paid at the rate of 90% of wage in the form of monthly payment depending upon the extent of loss of earning capacity as certified by a Medical Board
    • (e) DependantsBenefit(DB) : DB paid at the rate of 90% of wage in the form of monthly payment to the dependants of a deceased Insured person in cases where death occurs due to employment injury or occupational hazards.
    • (f) Other Benefits :
      • Funeral Expenses : An amount of Rs.15,000/- is payable to the dependents or to the person who performs last rites from day one of entering insurable employment.
      • Confinement Expenses : An Insured Women or an I.P.in respect of his wife in case confinement occurs at a place where necessary medical facilities under ESI Scheme are not available.
  • In addition, the scheme also provides some other need based benefits to insured workers.
  • Vocational Rehabilitation :To permanently disabled Insured Person for undergoing VR Training at VRS.
  • Physical Rehabilitation : In case of physical disablement due to employment injury.Old Age Medical Care :For Insured Person retiring on attaining the age of superannuation or under VRS/ERS and person having to leave service due to permanent disability insured person & spouse on payment of Rs. 120/- per annum.
    • Rajiv Gandhi Shramik Kalyan Yojana : This scheme of Unemployment allowance was introduced w.e.f. 01-04-2005. An Insured Person who become unemployed after being insured three or more years, due to closure of factory/establishment, retrenchment or permanent invalidity are entitled to :
    • Unemployment Allowance equal to 50% of wage for a maximum period of upto Two Years.
    • Medical care for self and family from ESI Hospitals/Dispensaries during the period IP receives unemployment allowance.
    • Vocational Training provided for upgrading skills – Expenditure on fee/travelling allowance borne by ESIC.
  • Atal BeemitVyakti Kalyan Yojana : This scheme is a welfare measure for employees covered under Section 2(9) of ESI Act, 1948, in the form of cash compensation upto 90 days, once in a lifetime, to be claimed after three months in  one or more spells for being rendered unemployed, provided the employee should have completed two years of insurable employment and has contributed not less than seventy eight (78) days in each of the four consecutive contribution periods immediately preceding to the claim of the relief. The relief shall not exceed twenty five percent (25%) of the average earning per day.
    • The Scheme was introduced w.e.f. 01-07-2018.  The scheme is implemented on pilot basis for a period of two years initially.Incentive to employers in the Private Sector for providing regular employment to the persons with disability :
    • Minimum wage limit for Physically Disabled Persons for availing ESIC Benefits is 25,000/-.
  • Employerss’ contribution is paid by the Central Government for 3 years.
  • Benefits & Contributory Conditions :
  • An interesting feature of the ESI Scheme is that the contributions are related to the paying capacity as a fixed percentage of the workers wages, whereas they are provided social security benefits according to individual needs without distinction.
  • Cash Benefits are disbursed by the Corporation through its Branch Offices (BOs) / Pay Offices (POs), subject to certain contributory conditions.
  • Registration
  • Monthly Contributions & Return filing
  • Employees K Y C
  • Claims and settlements
  • FACTORY LAYOUT AND PLAN APPROVAL :
  • Preparing New Factory Layout Plan
  • Amendment Of Existing Factory Layout Plan
  • Obtaining Plan Approval From Inspector Of Factories
  • REGISTRATION & RENEWAL OF LICENSE :
  • License Registration & Renewal of Factories, Shops, Hotels, Commercial Establishments from Department of Factories and Department of Labor
  • Obtaining CFE & CFO from KSPCB
  • Obtaining Trade License from BBMP – SSI / MSME Registration Etc.,
  • Digital Signature
  • MSME Registration
  • Import Export Code
  • Import Export Code
  • Trade License
  • Professional Tax Registration

© 2020 All rights reserved.