Who's Responsible for Statutory Registers: HR or Legal Team? Andy Seeks Clarity

Hi, my name is Andy, and I'm working in a reputed Contract Staffing Company. Here, the job description for the HR operations (process handlers) team encompasses the maintenance of Legal Statutory Compliances, i.e., manual writing of registers as per the various laws. Our Legal Team, who conducts audits of the HR team, does not take responsibility for maintaining the same and avoids taking any responsibility if registers are not properly maintained.

Please Clarify My Following Doubts:

1. Is it the HR team members' responsibility to write statutory registers?
2. Is it correct to say that the Legal Team's only duty is to audit and comment on the registers maintained and not help in writing them?
3. If an external audit takes place and the registers are not maintained in the proper format, who should be liable?

Regards,
Andy

It all depends on the size and organizational structure of the firm.

1) For example, in a company employing hundreds or thousands of people, there will be an HR cell attached to each division/function. The Functional Heads, who may hold ranks such as GM, CGM, Executive Director, etc., are the unit heads. Under them, there will be an HR Cell headed by Senior/Joint/Additional/Managers-HR. In such cases, all statutory compliances have to be managed by these HR cells. At the corporate level, there will be an HR-Corporate Unit responsible for coordinating and consolidating all HR functions. Regardless of size, an HR team that directly interacts with the shop floor or workers should manage registers and other documents, except for a few corporate-level requirements.

2) I don't think the Legal team audits anything; instead, they need to conduct inspections of the respective units and highlight any violations and non-compliances to the in-charge unit head to prevent the CEO from facing trouble.

3) Same as above.

In short, it is the responsibility of the Corporate Head to clearly define or allocate responsibilities, especially statutory compliances, by duly authorizing or designating a responsible officer to carry out these duties.

Regards, Kumar S.

Dear Vin_andy, Regarding your query on the above subject, it is the duty of the HR person to comply and also maintain the requisite registers and records under various labor enactments.

Thanks and Regards,

V R RAO PULIPAKA [Phone Number Removed For Privacy Reasons]

What if the registers are not updated properly, i.e., in the required format, etc.? Doesn't the legal team have any responsibility towards the same?

The legal team is not normally directly responsible for legal compliance and the maintenance of registers. HR should take care of the maintenance of statutory registers and returns, etc. However, the legal team can guide and coordinate these functions.

Regards, Kumar.s.