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Labour Law

The “right to livelihood” is acknowledged by the Indian Constitution as a crucial component of the fundamental right to life.

All of India’s labour laws, including those governing factories, mines, plantations, shops, and other commercial establishments, as well as those governing wage payment, trade union regulation, social security provision, industrial safety and hygiene, etc., have been created with the goal of emancipating workers. As a result, many Acts in India require enterprises to execute labour law compliance.

The Labour Laws Compliance, generally applicable to organizations, are:

  1. Shops and Commercial Establishments Act (S&E)
  2. The Employees Provident Funds and Miscellaneous Provision Act – 1952 (EPF)
  3. The Employees State Insurance Corporation Act – 1948 (ESIC)
  4. The Professional Tax Act (PT) 1975
  5. The Labour Welfare Fund Act (LWF) 1965
  6. The Contract Labour (Regulation & Abolition) Act – 1970 (CLRA)
  7. The Child Labour (Prohibition & Regulation Act), 1986
  8. The Minimum Wages Act,1948
  9. The Payment of Wages Act, 1936
  10. The Payment of Bonus Act, 1965
  11. The Maternity Benefit Act, 1961
  12. The Payment of Gratuity Act 1972
  13. The Equal Remuneration Act, 1976
  14. The Industrial Establishment (N&FH) Act, 1963
  15. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
  16. Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013
  17. The Employees Compensation Act, 1923
  18. The Industrial Employment (Standing Orders) Act, 1946 – Model Standing Order Only
  19. The Industrial Disputes Act, 1947
  20. The Apprentice Act, 1961
  21. The Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979
  22. The Factories Act, 1948
  23. The Trade Unions Act, 1926

The Indian government has become more aware of corporate needs as a result of shifting economic conditions in recent years. As a result, it has been gradually working towards labour law reform in order to increase business accessibility.

 

Labour Law Compliance rules

The requirements for labour law compliance list different labour law acts. Major acts include:

  • Act of 1996 Regulating Employment and Conditions for Builders and Other Construction Workers
  • Fair Remuneration Act of 1976 and the Contract Labor (Regulation and Abolition) Act of 1970
  • 1948 Minimum Wages Act Industrial Employment (Standing Order) Act of 1946, Mines Act of 1952, etc.

How SalahKaro Helps?

  • A review of the labour regulations that are relevant to each business
  • Obtaining from the agency the necessary registrations, permissions, authorizations, and permits.
  • Assistance with the calculation of the required periodic contributions under the relevant laws and the payment of required taxes.
  • Completion and submission of different labour law compliance returns.
  • Examining prior compliance with the Labor Law.
  • Application changes or registration renewals in accordance with various labour law standards.
  • Upkeep of official records, notices, registrations, and returns.
  • Coordination with other authorities, including the Commissionerate for Labor Law.
  • Monitoring contractor compliance-related matters.
  • Help with coordination and pre-audit services during departmental inspections or assessments

You can contact the SalahKaro Group professional team with any questions you may have regarding the labour law advisor.

FREQUENTLY ASKED QUESTIONS

Following are some of the common labour laws applicable to an organisation:

  • The Employees State Insurance Act, 1948
  • The Payment of Gratuity Act, 1972
  • The Payment of Bonus Act, 1965
  • The Industrial Disputes Act, 1947
  • The Factories Act, 1948 etc.

In total, there are a total of 40+ central labour laws governing the various aspects of the labour environment in India.

The government is set to introduce four new labour codes in India that will repeal and replace 29 labour laws in India. This includes:

  • The Code on Wages, 2019
  • Occupational Safety, Health, and Working Conditions Code, 2020
  • Industrial Relations Code, 2020
  • The Code on Social Security, 2020

Each labour law has its own applicability. For instance, the Payment of Gratuity Act, 1972 shall become applicable to every establishment with 10 or more employees whereas the Payment of Bonus Act, 1965 shall become applicable to every establishment with 20 or more employees.

The employer shall pay the provident fund by the 15th of each month. In case of delayed payment, a penalty shall be levied.

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