Curiousjai
Assistant Manager - Hr
Sunil_choughule
Assitant Manager-compliancel
Rajsinghphogat
Labour Law Consultant
Lovesubrato
Accountant
+3 Others

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Dear Sirs,
Goodday. Kindly note i am working in a shipping company with its main office at chennai. She is registered at chennai and now planning to open a branch office at delhi.Persons who are going to work in delhi office, there salary is deposited in chennai and PF, gratutity are are cut as per laws.
Pls advice if any 1) this branch office needs to be also registered at delhi.
2) any special points which are applicable as per Delhi shop and establishment act.
Will the chennai laws applicable over her also. A copy of all chennai forms need to be kept in delhi office.
3) are any special labour laws applicable as per delhi shop and establishment act.
Pls provide me information on the above queries.
Thanking you in advance for your cooperation.
brgds
csn

From India, Mumbai
Dear csn,
As far as Central labour laws are concerned, you are ok complying with those at Chennai after registration at central office of those laws but state labour laws have to be complied with as per state law.
As far as Delhi shops and establishment act is concerned then not to worry for this and till now you are required to comply for the registration without any late payment for registration in the Delhi under Delhi shops and Establishment Act. You have to keep the records in the prescribed form G and H and certain other criteria is to be followed of the enacted law.
If still any query then contact me for Delhi /NCR.
Regards.

Adv. Raj Singh Phogat

From India, Delhi
Dear Mr.Phogat,
Goodevening. Thank you very much for your information but sir self unable to understand, as what needs to be done before we start the branch office at delhi. If you can list what all needs to be done from my side in order to comply with the state laws point wise, then self can explain to my head office and get approval for same. Once all understood by the head office, your services for required job can be employed.
thanks and brgds
csn

From India, Mumbai
Dear CSN,
In addition of Central Taxation Laws (direct tax, indirect tax, service tax, excise and customs), you have to comply the state taxation laws ( value added tax, stamp duty Act, State excise duty) as well as local body (MCD, NDMC, DDA) taxes applicable as per the nature of business.
I am attaching the list of Labour laws of central and state enacted in india and you have to comply them as per the applicability on your nature of business.
Your company secretary will comply the company returns of the brach office as well and so not to worry for the same.
Applicability of laws on your nature of business will be clear after knowing your trade/ business nature.
Thanks.
Adv. Raj Singh Phogat
Labour Law Consultant.
7428133893

From India, Delhi

Attached Files
File Type: docx Existing Central and State Labour Laws in India.docx (12.4 KB, 1430 views)

dear Mr Phogat,
Goodevening sir,
Firstly thankyou very much for your reply.I am very grateful to you.
Further to above query, pls note the main job of this branch office is to provide manpower for working on the ship from north inda to my head office and arranging all travel documents for them.
FYI, service tax is being paid by my head office at chennai.
Pls advice in this case what state law i am applicable for or i am exempted from complying with any of the state laws.
All laws followed by my head office in chennai are sufficient.
Thanks in advance for your reply on the above subject.
thanks and brgds
csn

From India, Mumbai
Dear CSN,

I am replying with respect to the labour law legislation applicability with respect to Delhi state as below:-

1. With respect to The Employees’ State Insurance Act, 1948 and The Employees’ Provident fund and Miscellaneous Provisions Act,1952 , there is no problem for the record being kept at the chennai office being the central Acts and authorities too.

2. Wtih respect to the following Acts, no state legislation has taken place and the central acts are accepted and implimented by the central labour officers in Delhi.

a)The Contract Labour (Regulation and Abolition) Act, 1970

b)The Equal Remuneration Act, 1976.

c)The Industrial Disputes Act, 1947

d)The Payment of Bonus Act, 1965

e)The Payment of Gratuity Act, 1972



With respect to sl no-2 acts and their applicability you may maintain the records at the chennai office and in soft copy so that you may show the records to the inspecting authorities when ever is required. Display the relevant Annexures at the Notice board as stipulated in the Acts and Rules.

3. With respect to the following Acts, State authorities are implimenting authorities:

a) The Minimum Wages Act, 1948

b)The Payment of Wages Act, 1936

c)The Maternity Benefit Act, 1961

d)The Industrial Employment (Standing Orders) Act, 1946

e)The Workmen’s Compensation Act, 1923

f)Delhi Shops and Commercial Establishment Act, 1954

Sl No-2 & 3 above are the State List of labour law implimentation and their compliances have to be made in Delhi. However you may comply them at Chennai office but keep the records in the soft copy to show to the inspecting authorities whenever required. Display the relevant part of the Annexures at the Notive Board as stipulated in Acts and Rules.

For any further query you may contact me.

Thanks

Adv. Raj Singh Phogat

7428133893

From India, Delhi
Dear Mr.Phogat,
Goodafternoon. Thankyou very much for all the valuable information provided by you. I have no words to thank you. I am very grateful and highly obliged for your answers to my query.
Pls reply to one more query - am i required to register my office with NDMC or its not required as my business nature is of service provider and it being the branch office.
Otherwise from all the discussions between us i conclude that this branch office has nothing additional laws to comply with, all can be done at head office, chennai and copy of same to be kept in branch office.
Thanking you in advance for your reply to the above query.
thanks and brgds
csn

From India, Mumbai
Dear CSN,
You have to register your self with the Delhi shops and commercial establishment Act, 1954, and more over if you run the office for 365 days a year then you have to apply for the Exemption under section 14, 15 and 16 of this act. Also you have to apply to the labour commissioner for keeping the records in the soft copy rather then hard copy so that you may not face any problem in operation.
In addition to the above, other state labour laws have to be complied with in due course and not immediate.
Thanks.

From India, Delhi
Dear sir, Can u confirm that how to decide that from where we should get labour license. either from central or from state. WR// J.B.Singh
From India, New Delhi
Dear CSN,
Could you please provide list of registers under delhi(State) contract labour act under national territory act.As I have checked through google also but not able to obtain any information from available resouces.
Sunil Choughule.

From India, Mumbai

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