PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Freelancer In Hr &indirect Taxes For
Ceo - Edtech Company
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shobhit-kumar-mittalSeema ji, If your company is commercial establuishment, then the Shop Act, Industrial Disputes Act, Minimum Wages Act, Payment if Wages Act etc will apply from day one. S. K. Mittal 9319956443
From India, Faridabad
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From India, Delhi
bijay_majumdarPrivate limited company is a organisation formation under companys act1956.It is therfore registered under ROC.Where only core management that is directors are registered.
As regards to havong how many min employees you need to comply labour and social security laws is as per the shops and estd act applicable in your state if the company is commercial estd. Or as per factories act if its factory.However min 10 employees are required for epf and 20 for esic.
Apart from this the company has to abide by all the applicable labour acts such as min wages act, payment of wages act equal remuneration act, payment of bonu act, payment of grautuity act.Maternity act for female employees. So on and so forth.
All abidence need fulfilment of certain conditions and terms of employment given therein.
Also I suggest you to refer latest 4 labour codes likely to be implemented in April 2021.
From India, Vadodara
I would like to request you to go through the definition of the term ' industry ' u/s 2 (j) of the ID Act,1947. There is no
stipulation about the minimum or maximum no of employees in the Act other than certain employment contingencies such as lay off, retrenchment, closure.
Therefore, if there is a single employee and the purpose of the entity is to satisfy human needs or wants, then it becomes an industry.
It follows then that the correlation between the no of employees and the industry comes into play only with reference to nature of the prime activity of the industry and the application of certain conditions of employment such as wages, bonus, gratuity, social security etc. For example if the primary or principal activity is manufacture, it is a factory falling under the FA,1948; if it is raising of certain specified crops in an integrated manner, it is a plantation falling under the PL Act,1951. Similar is the application of labor laws relating to different conditions of employment as pointed out by Mr.Majumdar. Here, the nature of statutory restrictions. and complication of application require the stipulation of certain minimum number of employees for the sake of ease of systematic compliance.
These apart, the nature of constitution of the entity like Limited Company, LLP, Sole Proprietary, Trust or Society registered under the Societies Registration Act etc., in general, has no relevance in the application aspect of labor laws.
From India, Salem