EPFO Circular on Self-Certification for Start-Ups
As per the EPFO Circular dated 16 May 2017, the EPFO has cited a letter received from the Ministry of Labour and Employment dated 6th April 2017. The letter stated that the Ministry had earlier directed Central Labour Enforcement Agencies to allow start-ups to self-certify compliance under nine labor laws mentioned for a period of three years. The Ministry has now extended this self-certification compliance regime to five years. The State/UT Governments/Central Labour Enforcement Agencies are advised that for the first year of the start-ups, such establishments may not be inspected under six labor laws (viz. The Building and Other Construction Workers Act, The Inter-State Migrant Workers Act, The Payment of Gratuity Act, The Contract Labour Act, The Employees Provident Funds Act, and The Employees State Insurance Act). Instead, they may submit an online self-declaration.
Self-Certified Returns and Inspection Protocol
Further, start-ups may be allowed to submit self-certified returns for all nine labor laws mentioned (as is being done under the Shram Suvidha portal for the Central Sphere). Inspection may be allowed only after the second year, provided a credible complaint of violation has been filed, and approval is obtained from at least one level senior inspecting officer or from the Central Analysis and Intelligence Unit (CAIU).
Refer to www.simpliance.in, a free online labor law library, to download the required files.
From India, Bengaluru
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11As per the EPFO Circular dated 16 May 2017, the EPFO has cited a letter received from the Ministry of Labour and Employment dated 6th April 2017. The letter stated that the Ministry had earlier directed Central Labour Enforcement Agencies to allow start-ups to self-certify compliance under nine labor laws mentioned for a period of three years. The Ministry has now extended this self-certification compliance regime to five years. The State/UT Governments/Central Labour Enforcement Agencies are advised that for the first year of the start-ups, such establishments may not be inspected under six labor laws (viz. The Building and Other Construction Workers Act, The Inter-State Migrant Workers Act, The Payment of Gratuity Act, The Contract Labour Act, The Employees Provident Funds Act, and The Employees State Insurance Act). Instead, they may submit an online self-declaration.
Self-Certified Returns and Inspection Protocol
Further, start-ups may be allowed to submit self-certified returns for all nine labor laws mentioned (as is being done under the Shram Suvidha portal for the Central Sphere). Inspection may be allowed only after the second year, provided a credible complaint of violation has been filed, and approval is obtained from at least one level senior inspecting officer or from the Central Analysis and Intelligence Unit (CAIU).
Refer to www.simpliance.in, a free online labor law library, to download the required files.
From India, Bengaluru
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Labr laws for Vendor compliance Management.pdf
Labour laws compliance.doc