vin_andy
Hi,
My name is Andy & I'm working in a reputed Contract Staffing Co.
Here the JD for HR operations (process handlers) team encompasses maintenance of Legal Statutory Compliance's i.e. Manual writing of Registers as per the various LAW's.
Our Legal Team, who does audits of the HR team do not take responsibility of maintaining the same & avoid taking any responsibility if registers are not properly maintained.
Please clarify my following doubts:
1) Is it HR Team members responsibility to write statutory registers?
2) Is it correct to say that Legal Team's only duty is to Audit & comment on registers maintained & not help them writing it?
3) If any External Audit takes place & if the Registers are not maintained in proper format, who should be liable?

From India, Kolhapur
loginmiracle
362

Dear Vin_andy,

It's all depends on the size and Org. structure of the firm.

1)For e.g. in a Co.employing hundreds & thousands of persons there will HR cell attached to each Division/Function. The Functional Head(s), may be in the rank of GM, CGM, Exe.Director etc are the Unit heads and under him there'll be HR Cell headed by Sr./Jt./Addl./Managers-HR. In which case all statutory compliances have to be looked after these HR cells. And at the corporate level there will be HR-Corporate Unit whose responsibility will be to coordinate & consolidate all HR functions. Precisely whatever the size, a HR team which is directly interact with the shop floor or workers should take care of the Registers and other documents excepting few Corporate level requirements.

2) I don't thing Legal team audit anything, alternatively they have to conduct inspection of the respective units and point out violations and non compliances to the Iin-charge unit head in order to see the CEO does not gets in to trouble due to this.

3) Same as above.

In short it is the responsibility of the Corporate Head to clearly define or allocate the responsibilities especially Statutory compliances with duly authorising or designating a responsible officer to carry out these duties.

kumar.s.

From India, Bangalore
pulipaka_ramarao
19

Dear Vin_andy,
Refer to your query on the above subject, it is the duty of the HR Person to comply and also maintain the requisite registers & records under various labour enactments.
Thanks & Regards
V R RAO PULIPAKA
9248002899

From India, Chennai
vin_andy
What in the case, if the registers are not updated properly? i.e. in the required format etc. Doesn’t Legal team have any responsibility towards the same?
From India, Kolhapur
kraviravi.kravi@gmail.com
113

Dear Andy
It is your responsibility sir, please do follow your responsibility and in case of any query consult the legal team, legal team is not responsible tomorrow you will be responsible to management in case of labour unrest or statutory non compliance, understand and do it sir, good day sir

From India, Madras
loginmiracle
362

Hi Vin_andy,
Legal tean normally is not directly responsible for the legal compliances and maintenance of registers. HR should take care of maintenance of statutory registers and returns etc. However the legal team can guide and coordinate these functions.
kumar.s.

From India, Bangalore
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