Determining the eligibility of applicability of the Act

  • Overview

    Once the business is setup, the business entity has to comply with various Workmen related laws which help them to run their business efficiently. Before complying with such Laws, the entity must have knowledge regarding the applicability of various labour laws to its entity. Workmen related Laws consists of the following-

    LAWS APPLICABILITY
    Payment of Bonus Act
    • 1.Every factory as defined under the Factories Act, 1948 and
    • 2.Every other establishment in which twenty or more persons are employed on any day during an accounting year.
    • 3. However, the Government may make the Act applicable to any factory or establishment employing less than twenty but not less than ten persons
    Payment of Gratuity Act
    • 1. Employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental with.
    • 2.Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
    • 3. Such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
    Employees Provident Fund Ac
    • 1.To every establishment which is a factory engaged in any industry specified in Schedule I, of the Act and in which 4[twenty] or more persons are employed, and
    • 2. To any other establishment employing [twenty] or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in this behalf.
    Industrial Disputes Act Industrial Disputes Act extends to whole of India and applies to every industrial establishment carrying on any Business, Trade, Manufacture or distribution of goods and services irrespective of the number of employees employed therein.

     

    2.Maintaining prescribed registers, records and filing of required documents from time to time-

    After getting registered with various labour laws, the business entity has to maintain Register of establishment, register of wage, register of advances, register of fines, employment card, time in &out register, register of workmen, labour welfare fund certificate, application of renewal of licences, EPF Registration Certificate and Annual report of the employer has to be sent to registering office etc.

    We at S.K .Patodia & Associates guide you about the records that you need to maintainunder various labour laws. We also help you maintain accurate and regular financial records which in turn allow you to monitor the success or failure of your business.

    3.Registration with various laws like Workmen Compensation Act, Employees Provident Fund Act, Gratuity Act, Payment of Bonus Act, etc.-

    Once the Act is applicable to the establishment, the registration of establishment with various laws (Workmen Compensation Act, Employees Provident Fund Act, Gratuity Act, Payment of Bonus Act) is mandatory.

    We at SKP assist our clients in registration of the establishment with various laws in an effective manner and ensure the clients that they comply with various rules and regulations involved in registration process.

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