Compliance Dilemma: How to Follow Factory Act Rules Without Muster Registers?

Inquiry on Compliance with Factory Act Rules

Recently, it was published in the TOI on 3rd January 2012, that most companies have eliminated their muster as well as leave registers and do not keep any muster to monitor employees' walk-ins at work. Of course, this new trend will improve productivity from an employee's perspective and perhaps help in employee retention. It is a good start.

I want to know how, in such a case, the Factory Act rules can be followed and complied with where it is mandatory to maintain the muster register Form No. 28 and leave register Form No. 20.

I need your expert guidance on this.

Regards,
Vijay Kumar
Silvassa

Dear Silvassa,

Today's scenario in most companies involves the use of attendance swiping card machines (T&A) and HRIS/HRM software for processing salaries. Additionally, each organization has its own HRIS/HRM software containing details such as week-offs, leave balances, leave approvals, unauthorized leaves, etc. This makes it easier for HR professionals to process salaries and reports quickly.

Maintaining Compliance with Factory/Shop Act

However, according to the law, we are required to maintain registers as per the respective Factory/Shops Act. Therefore, companies either engage consultants to handle all statutory registers/records or seek exemption from the labor department to maintain all registers in soft copy.

Regards

Thank you for your opinion. However, my question is - if a company is not maintaining any records such as a muster register or leave register in either soft or hard copy, how can they comply with statutory norms? It is possible to apply for an exemption from the labor commissioner or factory inspector to maintain records in soft copy, but what should be done if no records are being maintained at all?

I hope I have expressed my query clearly.

Regards,
Vijay Kumar