Understanding Labour Licence and Workmen's Compensation Policy Requirements: When Are They Necessary?

Need Notification for Labour Licence

No need for a labour licence if the number of employees is below 50.

Need Notification for Workmen's Compensation Policy

No need for a workmen's compensation policy if ESIC is applicable.

Dear friend,

To me, the framing of your question seems partly vague and partly superfluous.

Under which law do you seek the notification?

First, it is unclear under which law you seek the notification relating to exemption from licensing when the number of workmen falls below 50.

Provisions in the ESI Act, 1948, and EC Act, 1923

Second, there are explicit provisions in the ESI Act, 1948, and the EC Act, 1923 about the applicability to a certain class of employees covered or not covered by them. Therefore, no separate notifications are necessary as the provisions of the above Acts are self-explanatory.

On the contrary, notification is necessary only if the State Governments were statutorily authorized to amend the threshold number, i.e., reducing the minimum number of employees for the purpose of coverage, as in the case of the CLRA Act, 1970, which is a Central Act that can be enforced by both the Governments within their respective spheres of jurisdiction.

Yes, I agree with Umakanthan M. Sir. When the Act itself is self-explanatory, there is no need for a separate General Regulation. Why should there be one? I think in your case, for you or your management to understand whether your organization is within the purview of the Act, you should refer only to the Act. Meanwhile, if you have any further queries, please feel free to ask. Thank you!

Regards, Prashant

Understanding Notifications and Legal Authority

The query is vague. The learned member should have known that notifications are published only when there are certain amendments or exceptions made, overriding the existing laws or regulations by the competent authority. For all other statutory or regulatory matters, the relevant acts of law themselves are the authority. Umakanthan Sir has explained this very well in his reply.

I am assuming the query is under contract labour and that you are in Pune.

Maharashtra Government Notification

The Maharashtra government issued the notification 3-4 years ago. If you google for it, you will be able to find it easily. If you did so, you would get this:

http://bombaychamber.com/admin/uploa...aharashtra.pdf

Understanding the Workmen's Compensation Act and ESIC Act

The Workmen's Compensation Act and the ESIC Act state that WC will not be applicable for those covered under ESIC. Therefore, there will be no notification to that effect. It's the law.

I suggest you read the acts and try to understand the requirements.