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ND-HR
21

Dear Seniors,
I need help for statutory compliances for FMCG, retail stores nationwide like Dmart and others.
I tried to search the details on this portal but not succeeded.
Can anyone please help me? for the following.
1. Which are the statutory compliances state wise.
2. Can only one EPF and ESI code will do? Or need to take state wise code numbers. For PF & ESI can we generate Sub code/subunit code?
3. Bonus act, Maternity benefit act, Payment of Gratuity Act, Contract labour act (R & A), Interstate migrant worker act. Can all these acts will be followed for Maharashtra only? As head office is at Mumbai. (Some act from above may be central)
4. Any other act is remaining for point 3?

From India, Mumbai
Madhu.T.K
4193

There are some Acts which are state subjects and others central. You can take one registration for EPF for the entire organisation. With the online facilities in force, you need not take subcodes for EPF for each state or region. However, if you take sub code for EPF, the employees of the respective region can take advise from the EPF Office directly also. Legally, a centralised EPF code is sufficient for the entire organisation.

For ESI you should take a registration at the head office level but take sub codes at regional levels. Unlike EPF, under ESI, the need of employees to appear before the local/ branch office of ESI is more or frequent and therefore, it is advisable to have separate subcode for each region within each state. Sub code can be taken very easily once you have an RC for the main office.

Your establishment will be covered by Payment of Bonus Act, Maternity Benefits Act, CLRA Act, Interstate Migrant Workers......Act etc. An establishment shall include your branches in other states also. Therefore, the coverage will be dependent on the number of employees in all the branches put together. Since there is no separate registration under Payment of Bonus Act or Maternity Benefits Act, the coverage is automatic once you employ the required number of employees. True, the Payment of Bonus Act will be applicable only from the year in which you make profits or five years after commencement of business whichever is earlier.

CLRA and ISMW Act are applicable when you engage contract workers and interstate migrant workers. The latter will depend upon whether there is a contractor to engage the interstate migrant workers. If you have branches in different states, certainly, the appropriate authority for settlement of disputes will be Central and as such the appropriate authority for Contract Labour...Act will also be Central Labour Commissioner/ Asst labour Commissioner (Central). He can issue certificate for the organisation covering the entire country. However, for Interstate Migrant Labour....Act, you may have to take separate registration for each state as the appropriate authority under the said Act is state government in respect of trading establishments and establishments other than those coming in central sphere, banking and insurance.

From India, Kannur
ND-HR
21

Thank you very much, Mr. Madhu T.K. for quick, Indepth and elaborated reply.
From India, Mumbai
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