Dear Dee,
Understanding statutory compliance, though often neglected, is important to know because non-compliance can lead to penal action.
The first step is to determine whether the organization falls under the purview of the Factories Act (mostly applicable to manufacturing companies) or the Shop and Establishment Act (commonly relevant to ITES companies).
Once this is established, familiarize yourself with major acts such as PF, Gratuity, Bonus, ESI, and Contract Labour (which are typically sufficient).
- PF: Employers are required to deposit PF monthly and submit returns like Form 5 and 10 related to member joining or leaving, along with an annual return.
- Gratuity: The act mandates payment of gratuity to employees completing 5 years, and it is crucial for employees to fill out a gratuity nomination form upon joining to simplify matters in case of their demise.
- Bonus: With the limit now raised to Rs. 10,000, more employees qualify for bonus coverage. If paying bonuses, maintain a bonus register.
- ESI: Employees earning less than Rs. 10,001 fall under the ESI Act and must be insured accordingly. Monthly contributions (1.75% by employees and 4.75% by employers) need to be deposited, along with biannual and monthly returns (Form 3 and 1 for nomination and declaration) to the ESI department.
- Contract Act: If utilizing contract labor (e.g., security, cafeteria, housekeeping), register the organization under the act and adhere to its provisions.
Consider outsourcing these tasks to a consultant, ensuring timely compliance to avoid penal repercussions for the occupier or establishment manager, as the consultant is not liable for non-compliance.
I hope this information is helpful.
Best wishes,
Sunil Joshi
PGCHRM - XLRI