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Dear HR seniors,

Please clarify following query:


Corporate office established in one state (Ex.: Assam), Registered office established in another state (Ex.:Maharashtra) and it's project site is in all over India. For this case, leave (SL, CL, PL/EL) and state public holidays are obviously differ from state to state. How may employer maintain common payroll, leave and holidays to all project site (all over India) as same.


Is it mandatory to get standing orders/service rules certification under Industrial employment (standing orders) act, 1946, even though company is following Factories act, 1948 (or) Shops and establishments act (or) any other act.

What are the company exempted from standing order certification.What are the company non-exempted from standing order certification.


Employee is having medical health insurance through employer in private insurance company. Every month employer is contributing insurance amount to all employees. For this case, is it mandatory to follow employees State Insurance Act, 1948 & Workmen's Compensation Act, 1923.What is the diff. b/w employee medical health insurance (Private) and ESI 1948 & WC 1923. What is the merits and demerits to each one.


Employment exchanges (compulsory notification of vacancies) act, 1959 says that employers are required on a compulsory basis, to notify to the employment exchange all vacancies other than those occurring in unskilled, temporary and promotion category. If employers advertise employment vacancy in job portals/website (Private), is it legally correct.

Please clarify.

Thanks with Regards


From India, Hyderabad

Q1: Common payroll yes if the salary you pay is higher than highest rate of minimum wages of states that you operate in. Leave & holidays will vary for each state as they will be as per respective state rules.
Q2: It is not mandatory to get standing orders certified. Factories act, 1948 (or) Shops and establishments act are separate acts, don't confuse them with standing orders act.
Q3: If employees work in ESI covered areas & draw monthly salary of up to Rs 21000 per month, they have to be covered under the act; there is no escape from this. WC Act is for employees not covered under ESI Act. ESI act covers benefits & this is act on compenation; one time payment.
Q4: As long as you submit ER I & ER II under the employment exchange act, you can advertise vacancies in any manner.

From India, Mumbai
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