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Sir,

I was working in a Pharma company in the admin department. Kindly help me with the documents to be maintained for the HR department. We come under the factory act, so:

1) Are minimum wages applicable or not?
2) What records need to be maintained?
3) Is a notice board required to mention minimum wages?
4) Is a labor license required?
5) We are paying ESI and PF but not filing returns. Is filing returns mandatory?

Please help me.

With regards,
A. Rajesh

From India, Visakhapatnam
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Dear Rajesh, As you have not mentioned the name of the place where your Pharma company is located, it is difficult to give exact answers to your queries. I suggest you consult the state rules of all the enactments you have mentioned for your answers. However, I am mentioning the points for your general guidance.

1. Since you have mentioned that you are covered under the Factory Act, I am sure you must have obtained a license from the Chief Inspector of the Factory of the State and complied with other statutory requirements.

2. As regards the application of the Minimum Wages is concerned, you are required to check the list of Scheduled employments of the State to see whether the Pharma company is covered therein. If your company is included in the list of Scheduled employments, you need to pay the same rates to your employees, display the prevailing rates of minimum wages and its abstract on the notice board, and submit the 'Annual Return' to the inspector.

3. The Contract Labour (Regulation and Abolition) Act, 1970 applies to the Principal Employer of an Establishment where 20 or more workmen are employed or were employed even for one day during the preceding 12 months as contract labour. In that case, the Principal Employer shall be required to obtain the Registration certificate from the concerned State labor authority. If the Contractor deploys more than 20 contract workers on any day, he shall be required to obtain a license from the Authority.

4. It is good that you are paying ESI & PF to your employees, but compliance with those Acts is equally important. Now you can even pay the ESI & PF contributions online.

You are welcome for further queries, if any.

Regards,
BS Kalsi

From India, Mumbai
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