Non-compliance and Legal Consequences
Non-compliance is punishable under the laws, including employment-related laws, whether by the employer, the factory manager, the commercial establishment manager, or any other managers, supervisors, and employed persons, including HR functionaries.
For instance, the duties of employers have been listed in Section 19 of the SHWW (P, P & R) Act 2013, and the penalties are mentioned in Section 26 of the said act. Penal action will be initiated under the Companies Act for non-compliance with the provisions of the aforementioned Act of 2013, especially Section 4.
Please draw the attention of your employer, head of establishment, and superiors to the recent amendment to the Companies (Accounts) Rules 2014, which was gazetted on 31.7.2018, to safeguard your employer and board of directors.
Important Compliance with Employment-related Laws
Other very important compliance with employment-related laws includes:
A) Factories Act or Shops & Esta Act & rules as applicable to your establishment.
B) The following:
i) PF Act with a recent order from our Supreme Court.
ii) Payment of Wages Act (authorized and unauthorized deductions).
iii) Maternity Benefit Act with recent amendment.
iv) ID Act (setting up Grievance Redressal Machinery).
v) Gratuity Act.
vi) Contract Labour (R & A) Act.
vii) Minimum Wages Act.
viii) Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, under which your employer as well as the internal committee are bound to file annual reports (Sections 21 & 22). In addition, other laws that apply to your establishment or employer.
Streamline compliance quickly, for penalties prescribed in certain acts include fines and/or imprisonment too.
Regards, Kritarth Ream, 23.3.2019