Saswatabanerjee
Partner - Risk Management
Suresh2511
Labour Consultant
+2 Others

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Hello All,
What are the rules for applying labour law’s in software companies ? I want details of Labour Law act.
Is it necessary for a software company to have a labour certificate.
Kindly spare all the related to this matter.
Thanks in Advance.
Regards,
Pratyush

From India, Gurgaon
Hi All, Forgot to mention. The office is in Bangalore.
From India, Gurgaon
There is no such thing as labour certificate. Please write few lines more.
From India, Mumbai
You are governed by karnataka shops and commercial establishments Act. If registration is prescribed under it ,take it.All other laws are applicable to you,except IESO Act.
From India, Thiruvananthapuram
Apart from Shops & Establishment, you can also register your office under the Factories Act as you are an IT Industry.
In order to get overseas orders, you need to have Health Safety & Environment Policy in place (HSE Policy). Generally client insist for this policy before placing any order as they are concerned and respect human value (life).
Under the Factories Act, HSE Policy is mandatory.
Suresh

From India, Thane
Factories Act is not applicable to IT industry.
From India, Thiruvananthapuram
Dear Mr. Varghese Mathew,
The Madras High Court in the matter of Cholamandalam Software Ltd. passed an order in the year 2001 that Software Companies are covered under the Factories Act, 1948.
Regards,
Suresh

From India, Thane
Can you share the judgement please ?
From India, Mumbai
Madras HC did not held that Factories Act is applicable to cholamandalam software.It was a case on applicability of ESI Act as a manufacturing unit.Similar decisions are from Bombay HC also.As far ESI Act is concerned ESI Act is applicable to IT units by special orders of state governments as they comes under commercial establishments.
Wait till SC hold that Factories Act is applicable to IT.

From India, Thiruvananthapuram
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