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COMPLIANCE - CHECK LIST
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ACTS
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Compliance Requirement
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MINIMUM WAGES ACT 1948
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Abstract of the Act in English and local
language-display
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Minimum amount of wages to be paid to its employees
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Muster Roll-cum-Wage Register to be maintained in Form II
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Inspection Book to be maintained
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Abstract of the Act in English and local
language-display
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Minimum amount of wages to be paid to its employees
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Muster Roll-cum-Wage Register to be
maintained in Form II
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Inspection Book to be maintained
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1.Abstract of the Act in English and local
language-display
2.Minimum amount of wages to be paid to its
employees,
3.Muster Roll-cum-wage register to be maintained
in Form II,
4. Inspection Book to be maintained
Note: As per the Minimum Wages Act every State
must prescribe separate rules which shall be followed by the establishments
in that State, thus as per Maharashtra Minimum Wages Rules 1963 the above compliances are correct. You will have
to verify the compliances for the other States as per their respective rules.
***There is no annual return in form III prescribed under Maharashtra
Rules.
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PAYMENT OF WAGES ACT , 1936
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Payment of wages to be made without undue
deductions in accordance with Section
7.
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Abstract of the Act in English and local
language-display
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1.Payment of Wages to be made without undue
deductions, 2.Display Abstract of the
Act in English and local language 3.Maintain Advance Register in Form IV
Note:
Form IV need not be maintained as it is being maintained under Form II of
Minimum Wages Act. In addition to the above, the following needs to complied
with :
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(A)
Rule 8 è Notice of dates of payment.
Notice
of dates of payment
The paymaster
shall display, in a conspicuous place at or near the main entrance of the
factory or of the industrial establishment, as the case may be, a notice in
English and in the language of the majority of the persons employed therein,
showing the days on which wages are to be paid.
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(B)
RULE 13:
POSTING OF LISTS. [ READ WITH RULE 11 & 12 ]
Posting of list
The employer shall display at or near the main
entrance of the factory or the industrial establishment, as the case may be,
a copy in English together with a literal translation thereof, in the
language of the majority of the persons employed therein, of the list of acts
and omissions approved under Rule 12.
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(C)
Rule
20(2) Display of Rates of
Wages:
Display
of rates of wages
In every industrial establishment, a notice shall be
displayed by the paymaster, specifying the rates of wages payable to all
persons employed in such establishment other than those who are employed in
positions of supervision or management.
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THE PAYMENT OF BONUS ACT, 1965
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Rule 17: Deductions for absence from duty:
Deductions for absence from
duty
(1)No deduction for absence
from duty shall be made from the wages of an employed person who is under the
age of fifteen years or is a woman.
(2)No deduction for absence
from duty shall be made from the wages of any employed person unless–
(a) there is provision in writing forming part of the
terms of the contract of employment requiring him to give notice of the
termination of his employment and–
i. the period of such notice does not exceed fifteen days or
the wage period, whichever is less; and
ii. the period of such notice does not exceed the period of
notice which the employer is required to give of the termination of that
employment
(b) this rule has been displayed in English, in the
language of the majority of the employed persons at or near the main entrance
of the factory or of industrial establishment, as the case may be, and has
been so displayed for not less than one month before the commencement of the
absence in respect of which the
deduction is made;
(c) a notice has been displayed at or near the main
entrance of the factory or of the industrial establishment; as the case may
be, giving the names of the persons from whom the deduction is proposed to be
made, the number of days’ wages to be deducted and the conditions (if any) on
which the deduction shall be remitted:
Provided that where the deduction is proposed to be made
from all the persons employed in any department or section of the factory or
of the industrial establishment, as the case may be, it shall be sufficient,
in lieu of giving the names of the persons in such department or section, to
specify the department or section affected.
(3) No deduction for absence
from duty shall exceed the wages of the persons employed for the period by
which the notice of termination of service given falls short of the period of
such notice required by the contract of employment.
(4) If any conditions have
been specified in the notice displayed under clause (c) of sub-rule (2), no
deduction for absence from duty shall be made from any persons who have
complied with these conditions.
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Bonus coverage - every employee earning upto Rs. 10,000 p.m (Basic + DA)-Eligible
employee
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Annual payment obligation - latest
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Filing Annual Return with Inspector appointed under Bonus
Act every year in Form D
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Bonus payment, Filing Annual Return with
Inspector appointed under Bonus Act every year in Form D
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In addition to the above, the following needs to
complied with :
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Form A, B, C - Maintenance of Registers
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BONUS IN MAHARASHTRA THROUGH CHEQUE
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The Government of Maharashtra vide ordinance from the Labour Department dated 17.09.2010 has
mandated payment of bonus to all workers/employees through cheque/bank
account only.
The employers should, therefore, immediately open their own bank
accounts and those of their workers, if not already opened in any
nationalized/scheduled banks having core banking facility.
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THE PAYMENT OF GRATUITY ACT, 1972
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Payment to be made on completion of 5 years by an
employee @ 15 days salary for every completed years of service.
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Display of abstract of the act and rules in Form
U in Employer's and Contractor's office
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To obtain nominations in form F from new employee
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To obtain Fresh nomination form in Form G
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Change in
particulars, if any, to be obtained in Form H
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Employee has to submit the application in Form
I for gratuity payment
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Application for gratuity payment by a nominee in
Form J
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Form C to be filed at the time of closure of
business
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Notice to Labor Commissioner for payment of
gratuity
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Notice to Labor Commissioner for payment of gratuity
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Payment to be made on completion of 5 years by an
employee @ 15 days salary for every
completed years of service.
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Display of abstract of the act and rules in Form
U in Employer's and Contractor's office
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To obtain nominations in form F from new employee
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To obtain Fresh nomination form in Form G
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Change in
particulars, if any, to be obtained in Form H
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Employee has to submit the application in Form
I for gratuity payment
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Application for gratuity payment by a nominee in
Form J
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Notice of opening in Form A
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Notice of any change in Form B
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Notice of opening in Form A
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Notice of any change in Form B
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Form
C to be filed at the time of closure of business
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Payment to be made on completion of 5 years by an employee @ 15 days salary for every completed years
of service, Display Abstract, Obtain Nomination Forms
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Rule
4. Display of Notice
(1) The employer shall
display conspicuously a notice at or near the main entrance of the
establishment in bold letters in English and in a language understood by the
majority of the employees specifying the name of the officer with
designation, authorized by the employer to receive on his behalf notices
under the Act or the rules.
(2) A fresh notice
shall be displayed immediately after the notice referred to in sub-rule (1)
becomes illegible or requires a change.
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THE EMPLOYEES
STATE INSURANCE ACT, 1948
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Eligible for employees earning upto Rs 15,000
gross salary.
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Declaration in Form I to be obtained from
employee
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Family declaration form to be obtained in Form IA and forwarded
to ESI office
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Changes in Family declaration form to be
intimated in in Form 2 to ESI office
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Return of Declaration to be filed in Form 3 to
ESI office
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To ensure that Identity card (as per Form 4) is
obtained from ESIC office for each of its employees
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ESI
contribution for previous month to be deposited with SBI branch in triplicate
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Return of Contributions to be filed in Form 5
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Register of employees to be maintained in Form 6
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Abstention
verification of employee due to
sickness/disablement or lady employee( in case of maternity) to be intimated
to Gratuity office in Form 10
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Accident book to be maintained by the Company in
Form 11
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Accident report to be filed with Local gratuity
office in Form 12
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Annual information in Form “01A"
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Eligible for employees earning upto Rs 10,000
gross salary.
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Declaration in Form I to be obtained from
employee
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Family declaration form to be obtained in Form IA and forwarded
to ESI office
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Changes in Family declaration form to be
intimated in in Form 2 to ESI office
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Return of Declaration to be filed in Form 3 to
ESI office
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To ensure that Identity card (as per Form 4) is
obtained from ESIC office for each of its employees
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ESI
contribution for previous month to be deposited with SBI branch in triplicate
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Return of Contributions to be filed in Form 5
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Register of employees to be maintained in Form 6
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Abstention
verification of employee due to
sickness/disablement or lady employee( in case of maternity) to be intimated
to Gratuity office in Form 10
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Accident book to be maintained by the Company in
Form 11
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Accident report to be filed with Local gratuity
office in Form 12
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Annual Return in Form 01A
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Obtain Declaration, File Returns, Deposit
Contributions, Maintain Registers
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THE EMPLOYEES’ PROVIDENT FUND
& MIS. PROVISIONS ACT, 1952
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Obtain Declaration & Nomination Form for EPF
/ Pension/ IF for the eligible employees in Form 2
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Members' Annual Contribution Cards to be
maintained in Form 3A/Form 7(PS)
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File-Consolidated return of employees in Form
9/Form 3(PS)/ Form 1(IF)
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File Return of employees qualifying for
membership under PF, Pension & Insurance Fund in Form 5 / Form 4(PS)/Form
2 (IF)
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Deposit PF Challan ( one consolidated challan of
accounts 1,2,10,21 & 22 )
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File Return of ownership in duplicate in Form 5-A
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File Consolidated Statement Of Dues and
Remittance in Form 12-A/ Form 6 (PS)/ Form 4 (IF)
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File Consolidated Annual Contribution statement
in Form 6-A/ Form 8 (PS)
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Transfer of previous accumulation dues from
existing PF -Form 13
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Ensure that details of past employment /
membership of employee in Form 11 are obtained
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Return of employees leaving the service during
the month in Form 10 / Form 5(PS)
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File Form in IW-1 for International workers
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Obtain Declaration & Nomination Form for EPF
/ Pension/ IF for the eligible employees in Form 2
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Members' Annual Contribution Cards to be
maintained in Form 3A/Form 7(PS)
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File-Consolidated return of employees in Form
9/Form 3(PS)/ Form 1(IF)
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File Return of employees qualifying for
membership under PF, Pension & Insurance Fund in Form 5 / Form 4(PS)/Form
2 (IF)
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Deposit PF Challan ( one consolidated challan of
accounts 1,2,10,21 & 22 )
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File Return of ownership in duplicate in Form 5-A
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File Consolidated Statement Of Dues and
Remittance in Form 12-A/ Form 6 (PS)/ Form 4 (IF)
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File Consolidated Annual Contribution statement
in Form 6-A/ Form 8 (PS)
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Transfer of previous accumulation dues from
existing PF -Form 13
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Ensure that details of past employment /
membership of employee in Form 11 are obtained
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Return of employees leaving the service during
the month in Form 10 / Form 5(PS)
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File Form in IW-1 for International workers
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Obtain Declaration, File Returns, Deposit
Contributions, Maintain Registers
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Note : to
be added :-
(1)
IF -
Form “3”
(2)
EPF - Form “10”
(3)
EPF
– Clause 40A supply of pass books to members.
(4)
EPS
– Form “9”
(5)
EPF
– form 12A
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THE CONTRACTOR LABOUR ( R & A
) ACT, 1970
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Registration to be obtained by Employer if any
office establishment is having more than 20 contract personnel
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Form V to be issued to Contractor once Employer's
CLRA registration done
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Contractor's license copy to be obtained by
Employer
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Register of Contractors to be maintained by
Employer in Form VIII
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Annual return to be filed by Employer in Form XXI
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Employer to file Form VI-A once work on contract basis commences or ends .
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Registers to be maintained by
Contractor
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Employment Card
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Muster Roll
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Register Of Wages
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Wage Slip
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Register of deductions for damage or loss
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Register Of Fines
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Register Of Advances
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Register Of Overtime
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Registration to be obtained by Employer if any
office establishment is having more than 20 contract personnel
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Form V to be issued to Contractor once Employer's
CLRA registration done
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Contractor's license copy to be obtained by
Employer
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Register of Contractors to be maintained by
Employer in Form VIII
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File Half-yearly return in Form XXIV ( by
Contractor)
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Annual return to be filed by Employer in Form XXI
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Employer to file Form VI-A once work on contract
basis commences or ends .
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Contractor to file Form VI-B once it commences or
ends work on contract basis.
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Registers to be maintained by
Contractor
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Employment Card
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Muster Roll
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Register Of Wages
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Wage Slip
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Register of deductions for damage or loss
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Register Of Fines
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Register Of Advances
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Register Of Overtime
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Obtain Registration, Maintain Register, File
Annual Return, Obtain License copy
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Rules
53. Display of notice showing
wage period etc
A
notice showing the wage period and the place and time of disbursement of
wages shall be displayed at the place of work and a copy sent by the
contractor to the principal employer under acknowledgement.
54. Entries regarding payment
of wages, etc. to be made in Register
(1) Entries denoting the time and place of
payment of wages and the payments actually made shall be made in the register
of wages simultaneously as the payments are made.
(2) The authorized representative of the
principal employer shall affix his initials against each entry and further
record a certificate at the end of the entries in the following form:–
“Certified that the amount shown in column No ……… has been paid to the
workman concerned in my presence.”
62. Notices showing rates of
wages, etc. to be displayed
(1) (i) Notices showing the wages, hours of
work, wage periods, dates of payment of wages, names and addresses of the
inspectors having jurisdiction and date of payment of unpaid wage shall be
displayed in English, in Hindi or in Marathi in conspicuous places at the
establishment and the worksite by the principal employer or the contractor as
the case may be.
(ii)
The notices shall be correctly maintained in a clean and legible condition.
(2) A copy of the notice shall be sent to the
Inspector and whenever any changes occur the same shall be communicated to him
forthwith.
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THE BOMBAY
SHOPS & ESTABLISHMENTS ACT, 1948
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Application for registration of the establishment
in Form A
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Renewal of registration certificate in Form B
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Certificate of registration in Form D
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Notice of change in particulars in Form E
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Notice of Holiday in Form L
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Register of Leave in Form M
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Leave book in Form N
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Register of employment in Form J
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Ensuring requirement of compulsory holidays in Employer
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Duration of Record maintenance
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No employee shall work for more than 9 hours in a
day or 48 hours in a week
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Overtime shall be paid twice the ordinary rate of
salary
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Special arrangement for protection of lady
employees, working before 6 am and after 8.30 pm , including transport
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Notify Inspector if the establishment to be closed
down
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Visit Book
to be maintained
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Name Board to be displayed in English & local
language
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Application for registration of the establishment
in Form A
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Renewal of registration certificate in Form B
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Certificate of registration in Form D
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Notice of change in particulars in Form E
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Notice of Holiday in Form L
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Register of Leave in Form M
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Leave book in Form N
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Register of employment in Form J
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Ensuring requirement of compulsory holidays in Employer
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Duration of Record maintenance
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No employee shall work for more than 9 hours in a
day or 48 hours in a week
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Overtime shall be paid twice the ordinary rate of
salary
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Special arrangement for protection of lady
employees, working before 6 am and after 8.30 pm , including transport
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Notify Inspector if the establishment to be
closed down
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Visit Book
to be maintained
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Name Board to be displayed in English & local
language
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Note:
Form “J” “M” “N”
not required as already
maintained under Minimum Wages Rule
27(1)
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Note: to
be added Form “F” (2) Rule 20 (7)
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THE EQUAL REMUNERATION ACT, 1976
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Register to be maintained in Form D
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THE MATERNITY BENEFIT ACT, 1961
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Exhibits to be displayed on the notice board in
Form 9
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Maintenance of Maternity Benefit register in Form
10
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Annual return to be filed in Form 11
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Exhibits to be displayed on the notice board in
Form 9
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Maintenance of Maternity Benefit register in Form
10
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Annual return to be filed in Form 11
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Display Exhibits, Maintain Register, File Annual
Return in Form 11
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THE WORKMEN COMPENSATION ACT, 1923
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Deposit of
compensation for fatal accident in Form A
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Deposit of
compensation for non fatal accident to a workman or person under legal
disability in Form AA
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Deposit of compensation for non-fatal accidents,
to dependent of workman in Form D
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File Report of fatal accidents which needs to be
given by independent person in Form EE
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Memorandum of Agreement concerning injury
resulting in temporary disablement in Form K
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Memorandum of Agreement concerning injury
resulting in permanent disablement in Form L
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Memorandum of Agreement concerning injury
resulting in temporary disablement in Form M
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Deposit of
compensation for fatal accident in Form A
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Deposit of
compensation for non fatal accident to a workman or person under legal disability
in Form AA
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Deposit of compensation for non-fatal accidents,
to dependent of workman in Form D
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File Report of fatal accidents which needs to be
given by independent person in Form EE
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Memorandum of Agreement concerning injury
resulting in temporary disablement in Form K
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Memorandum of Agreement concerning injury
resulting in permanent disablement in Form L
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Memorandum of Agreement concerning injury
resulting in temporary disablement in Form M
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Deposit Compensation for non-fatal accidents, to dependent
of workman in Form D, File Reports of
fatal accidents in Form EE, ETC.
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THE MAHARASHTRA
PVT. SECURITY GUARD ACT,
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Employer to obtain registration from concerned
Guard Board
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THE BOMBAY
LABOUR WELFARE FUND ACT
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Deduct contribution of Rs 12/- from each employee
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Deposit employee's contribution of Rs 12/- and
Company's own contribution of Rs 36/- in Form - A – 1
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Deduct contribution of Rs 12/- from each employee
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Deposit employee's contribution of Rs 12/- and
Company's own contribution of Rs 36/- in Form 1A
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Deduct contribution & Deposit with
statutory authorities alongwith its own contribution in Form 1A
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To be added:
Consolidated Register of unclaimed wages and fine in FORM “C” to be maintained
for a period of 10 years.
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MAHARASHTRA WORKMEN’S MINIMUM HOUSE RENT ALLOWANCES ACT
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Payment @ 5% of wages (Basic + DA) or Rs 20/-,
whichever is higher, should be made by Contractor to each of its contracted
employees.
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Maintenance of Register of HRA in Form A
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Maintenance of Register of Workmen in Form H
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Payment @ 5% of wages (Basic + DA) or Rs 20/-,
whichever is higher, should be made by Contractor to each of its contracted
employees.
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Maintenance of Register of HRA in Form A
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Maintenance of Register of Workmen in Form H
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Maintenance of Visit Book
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Payment of HRA, Maintain Register of HRA & wage Book and visit book
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Maintenance of Register of workmen in Form I have to be complied with.
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THE APPRENTICES ACT, 1961
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R.6, S.4- Duty of the employer to send the
contract of apprenticeship for registration to the Apprenticeship Adviser
within 3 months of its signing.
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R, 14 (2) - Duty to maintain & submit records
and other information in respect of trade apprectices to th erespective State
Apprenticeship Adviser.
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R. 14 (3) Format 1 and 1 A- Duty to file contract
of apprenticeship with the Regional Director or State Apprenticeship Adviser
for the apprentices engaged from 16th January to 15th April on or before 30th
April; for the apprentices engaged from 16th April to 15th July on or before 31st
July; for the apprentices engaged from 16th July to 15th October on or before
31st January
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R. 14(4) Maintain proforma of work diary (Format
2) of each trade apprentice
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R. 14 (5) Duty to maintain register of
attendance, irregular and unauthorized absence (monthly)
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R. 14(6)(a) Format 3 & 3-A- Application forms
for appearing at All India Trade Test shall be forwarded to the Regional
Director or State Apprenticeship Adviser, if the test is to be held in
April/May on or before 31st December; in October/November on or before 30th
June.(half yearly)
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R. 14(6)(c ) Format 4- Duty to furnish eligibility certificate
to the trade testing centers, 15 days prior to the commencement of the All
India Trade Test.(half yearly)
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R. 14(7) Form Apprenticeship-1 Duty to submit report to the Concerned
Apprenticeship Adviser for half year ending June by 15th July and for half
year ending December by 15th January.(each quarter)
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R. 14(10)
Form Apprenticeship-2- Duty to
prepare an Index card with complete bio-data within 10 days from engaging of
the apprentice and forward the same to the Central Apprenticeship Adviser,
Director Regional Board of Apprenticeship Training concerned and Technical
Institution concerned
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R. 14(11) Form Apprenticeship-3 -Duty to maintain a record of the work
done, studies undertaken, progress made and send a report to the Director,
Regional Board of Apprenticeship
Training concerned(quarter)
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R.11 Obligation on the employer to impart
training to the apprentice in his trade.
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S. 16-Duty of the employer to pay compensation to
the apprentice if personal injury is caused by accident arising out of and in
the course of employment in accordance with Employee's
Compensation Act
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S.19 -Duty of the employer to maintain records of
progress of training of each apprentice.
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