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Compliance Management

HR Statutory Compliance:

Statutory compliance is a critical aspect of running a business, encompassing adherence to rules, regulations, and legal requirements set forth by governing authorities. Let's delve deeper into the importance of statutory compliance:

Statutory compliance is indispensable for businesses seeking sustainable growth, risk mitigation, and ethical conduct. By prioritizing compliance efforts, companies can uphold legal and ethical standards, safeguard their operations, and contribute to the overall well-being of society.

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Importance of Statutory Compliance :

Legal Obligation: Compliance with statutory requirements is not just a choice but a legal obligation for businesses. Failing to comply with applicable laws and regulations can lead to severe legal consequences, including fines, penalties, and even legal action against the company.

Protection of Rights: Statutory compliance ensures the protection of the rights and interests of employees, customers, stakeholders, and the public at large. It encompasses various aspects such as minimum wages, working hours, safety standards, environmental regulations, and consumer protection laws.

Business Continuity: Adhering to statutory requirements is crucial for ensuring the continuity of business operations. Non-compliance can disrupt operations, damage the company's reputation, and even lead to closure in extreme cases. Compliance provides stability and fosters trust among stakeholders.

Enhanced Reputation: Compliance with statutory requirements enhances the company's reputation and credibility in the eyes of customers, investors, and the public. It demonstrates the company's commitment to ethical business practices, corporate responsibility, and regulatory compliance, thereby building trust and goodwill.

Avoidance of Penalties: Non-compliance with statutory requirements can result in hefty penalties, fines, and sanctions imposed by regulatory authorities. By adhering to regulations, businesses can avoid such penalties and preserve financial resources for investment and growth initiatives.

Employee Welfare: Compliance with labor laws and regulations ensures the welfare and rights of employees, including fair wages, safe working conditions, and protection against discrimination and harassment. It fosters a positive work environment and promotes employee loyalty and satisfaction.

Statutory Compliance Checklist 2023

List of statutory compliance must follow by organization,

Shops And Commercial Establishments Act

This act protects and safeguards employees working in shops and commercial establishments by providing guidelines for payment of wages, hours of work, leave, holidays, terms of service, and other work conditions.

The Employees Provident Funds and Miscellaneous Provision Act, 1952

The EPF Act was established to ensure the social security and welfare of employees by managing employer and employee contributions in the Employee Provident Fund Account.

The Employees State Insurance Corporation Act, 1948:

The act was incorporated to provide social security and relief to employees in case of medical emergencies.

The Professional Tax Act, 1975:

: This act specifies the amount and percentage at which tax is payable by a person earning an income from salary or anyone practicing a profession such as a chartered accountant, company secretary, lawyer, doctor, etc.

The Labour Welfare Fund Act, 1965

: The labour welfare fund act defines facilities and regulations to improve the working conditions and standard of living for labours.

The Contract Labour (Regulation & Abolition) Act, 1970

: This act provides prohibition for an establishment to employ contract labour in any operation.

The Child Labour (Prohibition & Regulation Act), 1986:

This act provides prohibition for an establishment to employ child labour in any operation.

The Minimum Wages Act, 1948

This act defines the minimum rates of wages in certain employments.

The Payment of Wages Act, 1936

This act regulates the timely and accurate payment of wages to employees and provides provisions for the deduction of certain amounts from wages.

The Payment of Bonus Act, 1965:

This act ensures the payment of a bonus to employees based on their performance and the profits of the organization. It sets guidelines for calculating and distributing bonuses.

The Maternity Benefit Act, 1961

This act aims to provide maternity benefits to women employees, including maternity leave, medical benefits, and other related provisions.

The Payment of Gratuity Act, 1972

This act mandates the payment of gratuity to employees who have served a certain period with an organization. Gratuity is a lump sum amount given as a retirement benefit.

The Equal Remuneration Act, 1976

This act promotes gender equality in the workplace by ensuring that men and women receive equal pay for equal work.

Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013

This act addresses the issue of sexual harassment at workplaces and mandates employers to establish mechanisms for preventing and addressing such incidents.

The Employees' Compensation Act, 1923:

Formerly known as the Workmen's Compensation Act, this act provides compensation to employees for injuries or accidents that occur during the course of employment.

The Industrial Employment (Standing Orders) Act, 1946:

This act requires employers to define certain terms and conditions of employment through standing orders, providing clarity on various aspects of the employment relationship.

The Industrial Disputes Act, 1947:

This act provides a framework for the resolution of industrial disputes, including procedures for negotiations, conciliation, and arbitration.

The Apprentice Act, 1961:

This act regulates apprenticeships, providing a legal framework for the training and welfare of apprentices in various industries.
The Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979: This act safeguards the interests of interstate migrant workers by providing certain protections and regulating their employment conditions.

The Factories Act, 1948

This act sets out provisions related to the health, safety, and welfare of workers in factories. It covers various aspects of factory operation and worker protection.

The Trade Unions Act, 1926:

This act governs the formation, registration, and functioning of trade unions, which are organizations representing workers' interests and rights

Establishment Compliances

  • Manage the EPF, ESI,
  • Universal Account Number (UAN) in EPF
  • Insured Person Number (IPN) in ESI
  • Monthly Statutory Challans
  • Employees for KYC updation in the portal
  • online transfer of accounts between companies
  • Pension benefits on retirement
  • EDLI benefits on the applicability
  • Accident-related compliances & support under the ESIC & PF
  • Support for availing benefits from ESI & EPF
  • Preparation Audit Report of Statutory Compliance
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Establishment Compliances

  • New & Renew Registration Certificates
  • Preparation and updation of Statutory Registers
  • PF Registers
  • ESIC Registers
  • PT Registers
  • LWF Registers
  • Preparation and submission of Statutory Returns & Statutory Notices
  • Display of statutory abstracts & notices
  • Remittance of statutory payments
  • Support for accident-related compliance
  • Liaison coordination support for Inspections
  • Compliance support for the Principal Employer as per the scope
MONTH & DATE WISE/TIME LIMIT NAME OF RETURN OR
COMPLAINCE
UNDER THE ACT  FORM TO WHOM/WHERE
15 Remittance of Contributions EPF & MP Act, 1952 Challan to be generated ‘online’ Pay ‘online’ or by submission of challan with cheque in the authorised banks
15 Entitlement of every international worker with nationality and wages (I.W.) EPF & MP Act, 1952 Statement IW-1 Form 5 & 2 Concerned Regional Office
21 Remittance of Contributions ESI Act, 1948 Challan to be generated ‘online’  
MOTH
DATE WISE/TIME LIMIT
NAME OF RETURN OR
COMPLAINCE
UNDER THE ACT IN WHICH FORM TO WHOM/WHERE
15 days prior Requisition of vacancies Employment Exchanges (CNV) Act,1959 & Rules Requisition Form, Rule 4 Local Employment Exchange
within 15 Days Return/Notice within 15 days of commencement or completion of each contract by the Principal employer Contract Labour (R&A) Act, 1970 Form VI-B, Rule 81(3) Concerned Inspector under the Act
Notice of commencement/completion of contract work by the Contractor within 15 days Contract Labour (R&A) Act, 1970 Form VI-A, Rule 25(2)(VIII) Concerned Inspector under the Act
Annual Return in duplicate.   Not later than 15 Feb following the end of each calendar year Building and Other Construction Workers (RE&COS) Act & the Rules,1966 Form XXV Registering Authority having jurisdiction
Within 30 Days from due dates Quarterly Return for quarter ended 31st March Employment Exchanges (CNV) Act,1959 & Rules Form ER-1: Rule 6 Local Employment Exchange
Quarterly Return for quarter ended 30th June Employment Exchanges (CNV) Act,1959 & Rules Form ER-1: Rule 6 Local Employment Exchange
Quarterly Return for quarter ended 30th September Employment Exchanges (CNV) Act,1959 & Rules Form ER-1: Rule 6 Local Employment Exchange
Quarterly Return for quarter ended 31st December Employment Exchanges (CNV) Act,1959 & Rules Form ER-1: Rule 6 Local Employment Exchange
Notice of applicability of the Act & any change Payment of Gratuity Rules Form A or B, Rule 3(1&2) Controlling Authority
Application for renewal of licence in triplicate not less than 30 days before expiry of licence by contractor The Contract Labour (R&A) Act, 1970 Form VII: Rule 29(2) Refer to State Rules Concerned Licencing Officer
Notice of commencement and completion   atleast 30 days before commencement Building and Other Construction Workers (RE&COS) Act & the Rules,1966 Form IV Concerned Inspector
Return about levy of collection of Cess Building and Other Construction Workers (RE&COS) Act & the Rules,1966 Form I, Rule 6 Concerned Authority
Intimation about commencement of work   within 30 days of the commencement of work Building and Other Construction Workers (RE&COS) Act & the Rules,1966 Form IV, Rule 26(3) & 239(1) Assessing Officer
Biennial return within 30 days of the due date as notified in the official gazette Employment Exchange (CNV) Act, 1959 & Rules ER-II Local Employment Exchange
MONTHH DATE WHICH COMPLIANCE UNDER THE ACT IN WHICH FORM TO WHOM/WHERE
JAN 15 Annual Returns Factories Act ,1948 Form as prescribed in State Rules Chief Inspector/Director or
other competent authority of
the area
JAN 21 Annual returns & details of payment ending 31st Dec Maternity Benefit Act, 1961 Forms L, M, N, & O: Rule16(1) Competent Authority under
the Act
JAN 30 Half yearly return by contractor (in duplicate) Contract Labour ( R & A) Act, 1970 & Rules Form XXIV: Rule 82(1) Concerned Licencing Officer
JAN 31 Annual information about factory/ establishment covered Employees’ State Insurance Act, 1948 Form 01A: Regulation 10C Regional office (RO) or
Sub.RO or Divisional Office
FEB 1 Annual Return Minimum Wages Act, 1948 Form III :Rules 21 (4A) Concerned Inspector
FEB 15 Annual return by Principal Employer Contract Labour ( R & A) Act, 1970 & Rules Form XXV Rule 82(2) Concerned Registering Officer
FEB 15 Annual return by Principal Employer The Building and Other Construction Workers (RE&COS) Form XXV Rule 242 Regional Labour
Commissioner
JUL 15 Half-yearly Return Factories Act, 1948 Form as prescribed in State Rules Concerned Director/Inspector
JUL 30 Half-yearly Return, by Contractor (in duplicate) Contract Labour ( R & A) Act, 1970 & Rules Form XXIV: Rule 82(1) Concerned Licencing Officer
DEC 30 Annual Return, within 30 days after the expiry of 8 months from the close of the accounting year Payment of Bonus Act, 1965 & Rules Form D: Rule 5 Concerned Inspector under
the Act
DEC 30 Annual Return, in such form and at such time as may be prescribed Sexual Harassment of Women at Workplace(PD&R) Act, 2013 As may be prescribed Employer/District Officer (yet
to be notified)
IN CASE OF NAME OF RETURN OR
COMPLAINCE
UNDER THE ACT FORM
ETC
TO BE SENT TO
Accident Report immediately if fatal/death & within 48 hrs in ordinary cases ESI Act, 1948 Form 12 or online also Concerned Local
Office/Dispensary of ESI
Accident/dangerous occurrence Notice Forthwith of occurrence The Factories Act ,1948 as prescribed in State Rules Inspector/Director of
Factories
Accident Report within 12 hours of occurrence The Factories Act ,1948 as prescribed in State Rules Director/Inspector of
Factories
Serious bodily injuries/fatal accidents Report within 7 days of accident The Employees’ Compensation Act, 1923 Form EE Concerned Commissioner of
Employees’ Compensation
Accident Notice of accident within 4 hours in case of fatal accident and 72 hours in case of other The Building and Other Construction Workers (RE&COS) Act & the Rules, 1966 Form XIV, Rule 210 (7) Regional Labour
Commissioner

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