Sanjeev.Himachali
Hr & Od Consultant
Essykkr
Statutory Complaince/labour & Employment
+4 Others

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Dear All, I need to know what is the difference between Act and Rules? for eg: if I hav to implement Shops and Establishment Rules for my organisation, do I not need to implement the Shops Act also?
Dear Saumya
The Rules cannot exist independant of the Act. The Act contains substantive provisions and the rules specify the procedure as to how to implement the main provisions of the Act. The government which frames the rules, draws it's power to frame the rules from the Act itself. For example, Sec.12 of the Contract Labour Act(CLR Act) stipulates that a contarctor employing contract labour of 20 or more shall obtain license under the Act. It does not go into detail as to how to obtain it. The rules framed under the CLR Act stipulate as to how to obtain it. Therefore the Act and the rules are like milk and curd but not chalk and cheese.
B.Saikumar
HR & Labour Law advisor
Mumbai
09930532927

Dear Saumyai, Act means a Law and Rules are its procedure. Yes if your organisation comes under Shops & Establishment Act you have to follow all the rules under it.
ok. But can there be a case where I dont need to implement the Act since my organisation does not come under its purview, but I still need to follow and adhere to the rules?
You can do.
Eg. EPF act says the establishment has to be covered if more than 20 employees are employed, if i am willing to get the EPF benefit even if i am having less than 10 also i can do it.
Any way in near future if your organisation is growing and surely it will be covered under any of the act so you can implement the basic rules according to the act of your organisation.

So basically, if I am following the rules of a specific Act, then I need to register for the Act too?
Dear Saumyai, Yes, if your organisation comes under S & E Act then you have to register under the same.
what are the rules which we can follow in the organization for the employees benefits and protect the jobs with the organization rules... please reply me
hi,
As you know we have submited esi contribution (Employee and Employer) monthly through on line. In this regards i would like to know that " is it compolsary to submit half yearly return of esi Manually".

Dear Satya,
No need to submit ESI returns manually, if ur org. is more than 40 ee's pls get CA signature and upload it in online only, there is a option in self certification there u can upload it.
Charan


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