Facing Labor Law Challenges in BPO: What Registers and Notices Are We Missing?

Dear All,

I am working in a Domestic BPO with a manpower size of 3000 in PAN India. Can anybody guide me on Statutory Compliances? We are maintaining monthly, proper submission of ESI and PF Challans, and Attendance Registers at the entrance. Is there anything else that needs to be monitored on a monthly basis as per the Labour Laws? What are the important labor laws to be followed related to maintaining registers in all the locations?

Actually, yesterday a Labor Officer came to our Chennai office and asked for some registers that we have never maintained. He also requested some details to be displayed on the notice board as per the laws. He has also claimed Rs. 5000/- or will file a case in the labor court. Please help to resolve this issue as he will come again on Monday.

Regards,
Sanjukta

Dear Sanjukta,

BPOs are required to follow all the laws applicable to other companies covered under the Shop and Establishment Act, but BPOs do not follow it. Regarding the payment of 5000, it is not a big issue. Whether you maintain registers or do not maintain registers that are required to be given to them to maintain relations. You have to maintain all registers required under ESI, PF, Shop and Establishment Act, Bonus Act, Equal Remuneration Act, etc. Besides this, you have to maintain a notice board where you are required to write working hours, name of the area inspector, rates of minimum wages, payment date, etc.

Thank you,
J.S. Malik

Hi Malik,

Thanks for your response. Well, my company does not want to pay money as they say they are ready to fight for it. In that case, how should I communicate with the labor officer on Monday? How can I convince him? Can you suggest something?

Rgds,
Sanjukta

Hello Sanjukta,

I am fully satisfied with Mr. Malik; that is not a part of your organization's responsibilities to ensure compliance with statutory regulations. Could you please provide information on how these compliances are addressed?

Regards,
Nilesh

In that case, Sanjukta, you should try to convince the management to resolve it on-site by managing the Lab Officer, which is the best option. Otherwise, you will have to present all the registers he has requested, which you don't have. It is very clear that you must follow the law, manage it, or pay a fine. If you go to court, the court will also request the presentation of those records and registers, which again you don't have.

How will you and the management fight this? This is for reference, as posted by one of our HR colleagues on Cite HR: https://www.citehr.com/90119-must-kn...ant-dates.html. Just search, and there are many other posts that will help you with statutory compliance. From now on, please try to keep records and registers updated.

Regards,
Sandeep Kulkarni.

Sanjukta,

Please find the attached compliance checklist, which is mandatory to maintain.

Som

Thank you, everybody, for the valid responses.

Also, please tell me, as per Som's attached list, how we will be maintaining all these registers and books manually on a monthly basis. This will consume a lot of time. How do other organizations maintain it?

Regards,
Sanjukta

Dear Member,

In fact, the decision in the matter should be taken by you, as these types of matters are to be decided at the top level of management. As far as the site of statutory compliance is concerned, my comments are as follows:

Of course, the attempt made is good, but at the same time, I would like to suggest the members to first decide the appropriate Government and then go through the State or Central Rules formats and then finalize by which date the return is to be sent and to which Central or State authority. I have also gone through this information/chart. As far as the information on submitting the returns under various labor laws, I have found that the formats relate to the Central Government. This means that where the establishment is within the purview of the Central Government, these formats are to be used and compliance is to be made accordingly.

Submitted just for information for those who are to send returns under various Labor Laws.

Regards,

R.N. Khola

(Labor Law & Legal Consultants)
09810405361

Dear Sanjukta,

It is always better to have the consultant because they handle all the compliances right from obtaining registration certificates, maintenance of registers, and all the compliances that need to be followed. Cost is, of course, involved, but you do not have to cut a sorry figure in front of the labor authorities. I work for a company that has a presence all over India with an employee strength of 8000. I'm able to manage compliance without any hitch with the help of my consultants. My sincere advice is to appoint a consultant and leave the rest to them. I can share the details of them if you so require.

Dear All,

Please find the compliance sheet. This may be useful to all.

With Regards,
Chandramani H Singh

Dear All,

Please find the compliance report.

With Regards,

Chandramani H Singh

It is a must for every organization to follow the rules and regulations enforced by the Labor Ministry of India. For more information, you may visit the site of the Labour Ministry or the local office.

Dear All,

I am working as an HR professional in an IT company. Could somebody please help me in creating legal documents for my company?

Thank you.

Dear Sanjukta,

Greetings. If you have any problems in Pune with the labor department or any other statutory authorities, please let me know. I can help you in avoiding the "attempted corruption." I was with a US MNC for 10+ years handling a larger portfolio, including the one you are handling. Wish you ALWAYS the best.

Dear All,

This will also help you to manage statutory compliance without any deviation, which will avoid cash losses.

Kafeel

Dear All,
Thanks to all for valid inputs.
I have managed to convince our management for the payment to labbour office.

Now, please guide me how all the following registers should be maintained on monthly basis.

TN Labour officers have asked us to maintain following registers: (I am also attaching the scan copies of these registers)
Please go through and advise.

Registers:
FORM P – Register of Advances Paid, Deduction for Damages or Losses and Fines
FORM Q – Register of Employment (Daily Hours of work done including Overtime)
FORM R – Register of Wages
FORM T – Wage Slip / Leave Card
Form VI – Register of National and Festival Holidays for the year

FORMS:
I - Description of Festivals as per sub rule (1) of Rule 3 of TN industrial estbl.
II – Notice for description of festivals – as per sub-rule (2) of Rule 3 of TN Industiral Estbl.
III – Festival Description – as per sub rule (5) of Rule 3 and sub-rule 4 of the TN Industrial Estbl.
V – Description of Holidays – as per sub rule (1) of Rule 5 of TN Industrial Estbl.
S – Notice of Daily Hours of Work, Rest Interval, Weekly Holiday, ETC for all the employees
X – Abstract of the Minimum Wages Act 1948

E.R Act
Form D

Maternity Benefit Act:
Form A – Register of Muster Roll

Regards,
Sanjukta

Hi,

I am working with an IT solutions provider company based in Gurgaon. They have offices in OH and NJ and deal only with clients abroad. The total headcount of the company is 60 as of now (excluding US office staff).

We are registered under STPI. Can anyone please guide if there is anything else the company is liable for?

You can copy your responses to [Login to view].

Thanks and Regards, Pooja Sharma

Dear Pooja,

Your office is also covered under various labor laws, leaving aside the Factories Act, i.e.,

1. Punjab Shops Act, 1958
2. The Payment of Gratuity Act, 1972
3. Punjab Labour Welfare Fund Act, 1965
4. Minimum Wages Act, 1948
5. The Payment of Bonus Act, 1965
6. The C L (R&A) Act, 1970, if employing 20 or more contract workers
7. Equal Remuneration Act, 1976, etc.

Please go through and take action accordingly.

Submitted as requested.

Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

Dear All,

Kindly help me. Is there any certified process or process flow charts available on statutory compliance to cover all applicable acts and legislations right from employee engagement, including the responsibilities of HR Manager for ensuring compliance at all levels?

Regards,
Shiv

Dear All,

Kindly let me know if the Payment of Wages Act is applicable to an establishment providing telecom services. The definition of a factory does not cover the same, and an industrial establishment also does not cover it.

Please give your expert opinion on the same.

Regards,
Shiv

Please send me the link to download the following form.
Form S – Notice of Daily Hours of Work, Rest Interval, Weekly Holiday, ETC for all the employees

[QUOTE=TINA_BHATNAGAR1;676994]Dear All,

I am working as an HR professional in an IT company. Could someone please assist me in creating a legal document for my company?

Dear Tina,

Could you please confirm what kind of document you want to prepare so that I can assist you further.

Dear Pooja,

You also have to take into consideration the below-mentioned laws:

- The Minimum Wages Act, 1948
- The Contract Labour (R&A) Act, 1970
- The Payment of Bonus Act, 1965
- The Payment of Wages Act, 1936
- ESI & EPF
- The Equal Remuneration Act, 1976

Please ensure compliance with various labor laws and provisions.

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I have corrected the spelling, grammar, and punctuation errors in the text. I also ensured proper paragraph formatting and line breaks to improve readability. Let me know if you need further assistance.

Can you please tell me the monthly retainership fees to be paid for the consultants? I am looking for someone to do this for me in the Gurgaon area for 1. PF and 2. Compliance around Haryana Shops and Establishment.

Thanks,
Vijayalakshmi

Dear Friends,

Can you please tell me the monthly retainership fees to be paid for the consultants for managing statutory compliances? I am looking for someone to do this for me in the Gurgaon area.

1. PF - monthly returns and everything related to PF
2. Compliance around Haryana Shops and Establishment - monthly maintenance, returns, etc.

Thanks,
Vijaylakshmi

Hi Sk,

Would you be able to share the consultant's info? My office was just set up in Mumbai. Also wanted to check, some of the registers that are required to be maintained like for attendance. I realized they asked for very specific information like time in and out and rest in between. Does this need to be manually recorded in the registers? If we have access cards to tap in and out of the office and reports can be run from the computer systems, can that work?

And for the leave registers, same thing, if we have tracked it in our HR systems and reports can be run, do we still have to manually enter it into the registers?

Thanks!

Regards, Sweta