Compliance ppt
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Transcript of Compliance ppt
JOB RESPONSIBILITY & COMPLIANCE PRACTICES AT SITE
A L O K Y A D A V
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C O M P L I A N C E P RA C T I C E S
OBJECTIVE
To be bring clarity on the role of site IR/Time keeper
To have better understanding of the statutory norms followed at site.
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CASE STUDY
An Accident occurred at xyz site and the person died while he was taken to the hospital. The company paid Rs. 3 lakhs to his legal heir with full & final agreement. However after an year the legal heir of the deceased filed a case against the company under WC act. Wherein company had to pay the compensation again
What went wrong as per the case and how it could have been avoided ?
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What is the role of a site IR/HR/Time
keeper ?
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C O M P L I A N C E P RA C T I C E S
STATUTORY COMPLIANCES
CONTRACT LABOUR ACT 1970
BOCW ACT 1996
MINIMUM WAGES ACT 1948
EQUAL REMUNERATIONS ACT 1976
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COMPLIANCES UNDER CONTRACT LABOUR ACT 1970
S. No.
Particulars Schedule of submission / maintenance
1Application For Registration of Establishments employing contract labour – Form 1
As & when required
2 Certificate Of Registration – Form 2To be granted by the registering officer to the Principal Employer
3 Application For License- Form 4
To be submitted by the contractor for grant of a license to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located
4Form Of Certificate By Principal Employer – Form 5
As & when required
5Application for the adjustment of security deposit - Form V-A
Application to be made by the Contractor to the licensing Officer
6Form of license granted by the Office Of the licensing officer - Form VI
To be granted by the licensing officer to the Contractor
7Notice of Commencement/ Completion Of Contract Work by the licensee - Form VI-A
Within 15 days of commencement & completion of contract work….
8Notice Of Commencement/ Completion of contract work by the employer for each contractor - Form VI-B
Within 15 days of commencement & completion of contract work under each contractor
9 Application for renewal of licenses - Form VIITo be applied to the licensing officer by the contractor within 30 days before the date on which license expires
10 Register Of Contractors - Form XII To be maintained By the Principal Employer
11 Workman Register - Form -XIII To be maintained on monthly basis
12 Employment Card - Form-XIV At the time of joining
6 Continued…
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COMPLIANCES UNDER CONTRACT LABOUR ACT 1970
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S. No.
Particulars Schedule of submission / maintenance
13 Service Certificate - Form-XV to be maintained at site when worker leaves
14 Muster Roll - Form-XVI To be maintained on monthly basis
15 Register of Wages - Form-XVII To be maintained on monthly basis
16 Wage Slips - Form-XIX To be maintained on monthly basis
17 Register for Deduction - Form-XX To be maintained on monthly basis
18 Register of Fine - Form-XXI To be maintained on monthly basis
19 Register of Advance - Form-XXII To be maintained on monthly basis
20 Register of Overtime - Form-XXIII To be maintained on monthly basis
21 Half Yearly Return (upto June) - Form-XXIV To be submitted to Labour Dept. by 30th July
22 Half Yearly Return (upto December) - Form-XXIV To be submitted to Labour Dept. by 30th Jan.
23 Abstract of Contract Labour Act. to be displayed at site on Notice Board
24 Notice Board to be displayed at site
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MINIMUM WAGES ACT 1948
S. No. Particulars Schedule of submission /
maintenance
1 Annual Return Form - 3 Annually… by 31st Jan
2Notice Board - Name and address of the Inspector, Weekly Holiday, Working hours, Time of payment of Wages
To be displayed
3 Abstract of the Act To be displayed
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BOCW ACT 1996
Applies to every establishment which employs or had employed ten or more workers directly or through a Contractor / Subcontractor.
Not applicable to building or construction work to which Factories Act, 1948 or Mines Act, 1952 applies
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S. No. Particulars Schedule of submission /
maintenance
1 Valid BOCW RegistrationWithin 60 days from the commencement of the project
2 Registration of WorkersWorker has an exposure of more than 90 days… age limit 18-60 years
3 Maintenance of BOCW Beneficiary Register Daily basis
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DOCUMENTS REQUIRED FOR OBTAINING LABOUR LICENSE
For obtaining new Labour LicenseForm –IV (Triplicate)
Form-V
Work Order Copy (LOI)
Security Fee vide Treasury Challan(State Government) & Demand draft( central Government)
License fee vide Treasury Challan(State Government) & Demand draft( central Government)
Registration certificate Copy ( Principal Employer registration in contract Labour Act,1970)
Memorandum and Articles
List of Director
Pan Card copy
Renewal Labour LicenseForm- VII (triplicate)
Original Copy of Labour License
License fee vide Treasury Challan(State Government) & Demand draft( central Government)
Renewed Registration certificate copy (Haryana) 10
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DOCUMENTS REQUIRED FOR OBTAINING BOCW REGISTRATION
Form-I (Triplicate)
Registration fee
PF Challan
Work Order LOI
List of Director
MOA
Pan Card Copy
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C O M P L I A N C E P RA C T I C E S
ANY DOUBTS…???
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THANK Y
OU
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C O M P L I A N C E P RA C T I C E S
TAKE AWAYS
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COMPLIANCES UNDER THE EMPLOYEE P.F. & MISC. PROVISIONS ACT. 1952 EPF is applicable when the establishment has 20 or more
employees.
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S. No. Particulars Description of the Form
Schedule of submission / maintenance
1 Form 9/Form 3(PS)/ Form 1(IF)Consolidated return of employees entitled to become members of the funds on the date of application of the scheme
within 15 days of the commencement of the scheme
2 Form 5 / Form 4(PS)/Form 2 (IF)Return of employees qualifying for membership under PF, Pension & Insurance Fund for the first time during the month
within 15 days of the close of month
3 Form 5-A Return of ownership in duplicate Immediately on coverage & within 15 days of making any change in the establishment
4 Form 2Declaration & Form of nomination for EPF / Pension/ IF to be filled in by the eligible employee
As & when a new entrant joins the scheme
5 Form 11Details of past employment / membership of employee
As and when required
6 Form 10 / Form 5(PS)Return of employees leaving the service of the employer during the month
within 15 days of the close of month
7 Challan ( there is one consolidated challan of accounts 1,2,10,21 & 22 )
Remittance of PF contribution, Pension fund, Administration & Inspection Charges, EDLI & its admin. Charges
within 15 days of the close of month
8 Form 12-A/ Form 6 (PS)/ Form 4 (IF)
Consolidated Statement Of Dues and Remittance within 20 days of the close of the month
Continued…
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S. No.
Particulars Description of the Form
Schedule of submission / maintenance
9 Form 3A/ Form 7 (PS)
Members' Annual Contribution CardsBy 30th April every year for the year ending 31st March
10 Form 6-A/ Form 8 (PS)
Consolidated Annual Contribution statementBy 30th April every year for the year ending 31st March
11 Form 13Form concerning transfer of previous accumulation dues from existing PF
As and when required
12 Form- 31 Claim form to be used by member to withdrwal Advance PFMinimum 5 year should be complete to take such type of benefits
13 Form- 19Claim form to be used by a major member of the EPF scheme
As and when required
14 Form- 10 CForm to be used by a member of EPS 1995 for claiming withdrawal benefit / Scheme Certificate
As and when required
15 Form- 20Claim form to be used by a nominee/ or a legal heir in case of death of a member of the EPF scheme
As and when required
16 Form- 10 D
Form to be used for claiming superannuation pension, Retirement pension, Short Service Pension, Disablement pension, Widow Pension, Children Pension, Orphan Pension
As and when required
17 Eligibility Register
18 PF Inspection Book
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Compliances under The Employee P.F. & Misc. Provisions Act. 1952
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COMPLIANCE UNDER EMPLOYEES STATE INSURANCE ACT. 1948
S. No. Particulars Schedule of submission /
maintenance
1 FORM-1 Declaration Form As &when Required….With in 10 days from the date of appointment
2 FORM-3 Return of Declaration Form As &when Required…With in 10 days from the date of appointment
3 FORM-5 Return of Contributions Half Yearly…30th Apr. & 31st oct.
4 Remittance of Contributions Monthly…Before 21st
5 FORM-12 Accident Report As & when required…With in 24Hrs.
6 Insurance Nos. to be obtained from online ESIC site
As & when required
7 Preparation of statement Monthly…By 8th
8 Preparation of challans & submission to Bank with Cheque
Monthly…By 21st
9 Posting in FORM-7 Register and reconciliation thereof
Monthly…By 15th
10 Reconciliation for half yearly Half Yearly…15th Apr.,15th Oct.
11 Form – 11 Accident book As & when required
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