How to start with
Labor Laws audit ?
1) First prepare list
of basic labor laws which will be applicable.
2) Prepare few basic
details on applicability of various section like requirement of canteen,
creche, rest room, etc.
3) Prepare few basic
details on appointment of welfare officer, safety officer, etc.
Various Points to be
checked:
1) Factories act:
– Factory License,
nature of business, validity of license and strength of manpower.
– Factory Layout cover
each and every department of factory
– Annual returns and
half year returns submitted on time with correct details
– All story statutory
registers are maintained
– Appointment of
Safety Officer, Welfare Officer, if applicable, and its qualification matching
as per the act
– Canteen, Creche,
rest room facilities are available
2) Contract Labor Act:
First check if this
act is applicable to factory and to contractor. General rule say it is
applicable for more than 20 contract workers. But it differs differs from state
to state, like 10 in Gujarat, 5 in Delhi, 10 in WB.
– Principal Employer
Registration, all contractor are listed on RC
– Contractor have
valid License
– Contractor have
submitted all dues like PF, ESIC, PT, and LWF on time.
3) PF, ESIC and PT
– Company have issued
UAN, ESIC card to all employees
– All dues are
deposited on time
4) Payment of Gratuity
Act:
– Gratuity are paid to
left employees who have completed 5 years
– Company have authorized
one managerial personnel in organization to receive all notice, letter,
communication, etc.
5) Payment of Bonus
Act:
– Bonus are paid on time. Returns in Form D is submitted, register are maintained
– Bonus are paid on time. Returns in Form D is submitted, register are maintained
6) Payment of Wages
and Minimum Wages Act:
– All registers are
maintained
– Payment of Wages are
done on time.
– Wages are paid above
minimum wages.
7) Industrial Standing
Order:
– Standing orders are
certified from Certifying officer
– All the provision of
standing order are complied with.
8) Check minutes book
of various committees and check if any important complaints raised, whether it
is resolved.
9) Maternity Benefit
Act: Compliance with provision are complied with
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