Is maintaining a register under Central Government,s Shram Suvidha portal sufficient compliance for both central and State Government labour law. The MSME is a manufacturing unit situated in Karnataka.
12th December 2018 From India, Bengaluru
The Labour Dept. doesn't seem to be ok with maintaining documents, records & registers in electronic formats. LD's Portals are useful for filing returns & correspondences and downloading these prescribed forms. There are few registers like payment of wages/salary etc. are subject to periodical inspection by the dept.inspectors. On inspection of these records the inspecting officers verify and sign them. In electronic forms physical inspection of records are not conducive though digital sign. is in vogue.
That apart, if yours appears to be a factory/industry for which statutory records should be maintained as stipulated. There is no exemption under MSME Act.
12th December 2018 From India, Bangalore
Kumar Sir, Thank you for such an insightful answer.
But then again, as a MSME, is it mandatory to maintain the register both electronically and physically to comply with the State Labour Laws.
12th December 2018 From India, Bengaluru
MSME Act doesn't prescribe any specific documents akin to this status as the MSME is determined by quantum of fixed assets/manpower/turnover as per the norms in the act. And have to renew the regn. periodically. The status changes over the years from micro to small to medium as the parameters improves.
Electronically, no compulsion, but physically yes as prescribed under various LL. However you should keep on referring to notifications issued & amendments made to act & rules from time to time.
12th December 2018 From India, Bangalore
Dear Colleague,
Each central/state labour law lays down criteria for its applicability which is usually based on number of workers employed and wage limit. The definition of worker/employee varies from Act to Act which is also j determining factor for applicability.
Therefore, being MSME is not the criteria and you need to look at each Act and see its applicability for compliance.
Compliance in electronic form has yet not become vogue, although certain State Governments are allowing it with their approval.
Better way would be to maintain physically all registers, books and periodical returns as specified in each applicable law.
The compliance under each applicable labour law is mandatory and failure to comply would entail punishment of fine and imprisonment on conviction.
Vinayak Nagarkar
14th December 2018 From India, Mumbai
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