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Anonymous
Hello, I just started working for a small company of 21 employees. I recently moved to Bangalore from the United States. I've been given the task to find out what labor/employment laws apply to a sole proprietorship here in Bangalore. Any guidance will be greatly appreciated.
From India, Bangalore
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Who Needs to Register?

All business establishments (with or without any employees) in Karnataka are required to register under the Karnataka Shops & Commercial Establishments Act, 1961. This is an important labor state-level compliance requirement.

How to Apply

An application in Form-A, duly completed with supporting documents, is required to be submitted to the Labour Inspector with the necessary payment towards the registration fee. Typically, the jurisdiction of the Labour Officer is based on the locality in which the business is housed.

Business with Special Needs – Long Hours and Women Workers

Establishments working on holidays or beyond regular working hours are required to apply separately for permission from the Labour Officer. Similarly, establishments seeking to employ women beyond the permitted closing hours should obtain permission separately from the concerned Labour Officer.

Renewals and Changes

In case of any changes, such as an increase in employees or a change in address, the same form—Form A—should be used. The certificate of registration is required to be renewed once every five years. If the company has more than one office or branch, each branch has to be registered separately. Each company or branch has to be registered in different circles based on their locality (locality will be on a PIN code basis).

Registration Fee Structure

Sl. No | No of employees | Fees in INR
---|---|---
1 | NIL | 250.00
2 | 1 to 9 | 500.00
3 | 10 to 19 | 3,000.00
4 | 20 to 49 | 8,000.00
5 | 50 to 99 | 15,000.00
6 | 100 to 250 | 30,000.00
7 | 251 to 500 | 35,000.00
8 | 501 to 1000 | 45,000.00
9 | above 1000 | 50,000.00

Prohibited Activities

- The employment of children below 14 years is prohibited.
- Young persons and women shall not be employed during the night, between 8 pm to 6 am. Establishments requiring them to work between 8 pm and 6 am are required to obtain special permission after fulfilling certain welfare measures, such as providing security and transport facilities for employees engaged in night shifts.

Rules & Conditions to be Followed

- Business establishments in Bangalore should not open before 6.00 am, and the closing hours cannot be after 8.00 pm. Business establishments in other cities are permitted to open until 9.00 pm. If any organization requires working beyond the closing hours, separate permission from the Labour Officer is required.
- The name board of every establishment shall be in Kannada. If any other language is used, it should be below the Kannada version.

Important Registers to be Maintained under the Rules

(a) Register of leave with wages Form–F
(b) Visit book
(c) Appointment order in Form–Q
(d) Notice to be exhibited on weekly holidays in Form P
(e) Registration certificate to be exhibited in Form C

Documents Required for Registration Along with Form A

- Incorporation Certificate of Company
- MoA & AoA
- Rental Agreement/Lease Agreement of Company
- Company PAN Card
- Address Proof of Director – Lease/Rental Agreement
- ID Proof of Director – PAN Card/Election Card/Passport/Driving License
- List of Directors

Information Required for Filling Up of Form A

- Name of the Company
- Postal Address
- Telephone No
- Email Address
- Details of Director/Managing Director/Proprietor – Address, Phone No, Email ID
- Details of Authorized Signatory (in case someone is signing in place of the Director)
- Nature of Business
- Date of Commencement of Business
- Number of employees in the Company (Male & Female to be mentioned separately)
- Weekly Holiday

This article attempts to provide a bird’s eye view of the applicability, registration, and salient features of this labor enactment for educational purposes only.

Regards

From India, Mumbai
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