KK!HR
Management Consultancy
Tsivasankaran
Consultant

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Have one query, our Factory is located in Punjab and we have some employees who are working in our office at Gurgaon. We have not registered with Haryana Labour, We have already remitted the LWF for these employees in Gurgaon as salaries are paid out from there. Kindly let me know whether this is correct or we need to remit the LWF in Haryana and in case we need to remit it in Haryana, how can we do that as we have no registered place there.
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As many of the legislations of Punjab apply in Haryana mutatis mutandis, the applicability of Punjab Labour Welfare Fund Act is as follows:
Applicability of the Act
This Act is applicable to a factory as defined in clause (m) of section 2 of the Factories Act, 1948 or any place which is deemed to be a factory under sub section (2) of section 85 of that Act includes any premises including the predicts thereof wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Dispute Act, 1947, is carried on and also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958, in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.
Pl examine whether the establishment in Haryana fulfills the criteria of at least 10 employees, if so sooner or later you can be made liable to pay LWF, otherwise there is no need.
You need to remit it in Haryana only. I am not sure about the procedure.
I used to deduct only for tose employees posted in Chennai and remit in Tamilnadu. For other States, we used to deduct and remit in the concerned States. But we always had offices in these places
T Sivasankaran
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