
LEGAL COMPLINCE IN GURGAON
Rakesh Choudhary
9999351114
amcggn@gmail.com
Gurgaon - IFFCO Chowk
Services - Lawyers - Advocates
Ads Description
Sub: Applicability and Compliance of various labour laws.
Anushka Management Consultancy is one of the most specialized and professionally managed Labour Compliance Outsourcing Companies in India. We serve our clients with our industry specific customized service as per their locations / jurisdiction in India. We are well equipped with state-of-the-art automated facilities to undertake Labour Law Compliance obligations of our clients\' on retainer-ship basis under the following Acts:
Employees\' Provident Fund & Miscellaneous Provisions Act, 1952;
Employees\' State Insurance Act, 1948;
Contract Labour (Regulation & Abolition) Act, 1970;
Payment of Wages Act, 1936;
Minimum Wages Act, 1948;
Equal Remuneration Act, 1976;
Payment of Bonus Act, 1965;
Payment of Gratuity Act, 1972;
Maternity Benefit Act, 1961;
Factories Act, 1948;
Industrial Employment (Standing Orders) Act, 1946;
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959;
Shops & Establishments Act;
Labour Welfare Fund;
Maintain of Registers and Records
Business is governed by certain regulations which covers a lot of legal aspects in connection with employee related matters covered by laws under Central and State legislations. Keeping this in view, management of labour laws play an important role in terms of what are the various types of information to be maintain by the employers and shared with the Governmental authorities when a visit is made for this purpose for scrutiny of records.
Records need to be maintain under Payment of Wages, Minimum Wages, Payment of Bonus Payment of Gratuity, Provident Fund, ESIC, Maternity Benefit, Employee Compensation, Labour Welfare, Industrial Disputes, Employment Standing Orders, Equal Remuneration, Apprentice, National Holidays and Sexual Harassment to name some and the list is not exhaustive.
Non Compliance may end up in legal action by way of penalty, imprisonment, etc. and may not be a good sign of Corporate Governance which is an essential part of a good value system that needs to be nurtured by all Business Houses.
Scope and Deliverables
Anushka Management Consultancy offers as labour laws consultant these services ensuring the following deliverables:
Labour Laws consultant facilitates Familiarising and educating the vendors with compliance requirements
Labour Laws consultant facilitates Auditing each vendor at each site every month
Labour Laws consultant facilitates Assisting the vendor to achieve high degrees of compliance
Labour Laws consultant facilitates Reporting compliance status to the client every month
Labour Laws consultant facilitates Reporting non-compliance with action plans to prevent recurrence
Labour Laws consultant facilitates Escalating repeated non-compliance to the defined authority with recommendations for action
Labour Laws consultant Assist clients in meeting it\'s responsibilities as a principal Contractor under the Contract Labour Act and ensuring the due diligence with it clients who are Principal Employer.
Labour Laws consultant facilitates Representing the client at labour inspections with respect to vendor compliance.
Labour Laws consultant facilitates Representing the client at his audit with respect to vendor compliance
Labour Laws consultant facilitates Registration and licenses of sites under the Contract Labour Act and renewal of the licenses
Labour Laws consultant facilitates Obtaining labour licenses under the Contract Labour Act is the responsibility of the sub-vendor, wherever applicable.
Labour Laws consultant facilitates Reporting the compliance on the web-based application known as Vendor Compliance Tracker.
Labour Laws consultant facilitates Ensuring the entire due-diligence with confidentiality
Exclusions
Any time and effort required to ensure compliance with matters retrospective to the date of the contract will be assessed and priced separately on a case-by-case basis. Especially with respect to client\'s compliance as a vendor.
Incidental expenses occurred when handling labour inspections and application/ renewal for licenses.
Incidental expenses occurred when handling labour inspections for the client as an entity for its compliance at the Client\'s site.
Any travel expenses to be incurred for ensuring compliance of the client as an entity at his client\'s site. Any travel expenses out-of-scope of work, which needs to be mutually discussed and approved.
Any other scope of work not defined as above
Process
Vendor\'s would be audited for items of compliance under the following heads:
Payment of minimum wages and overtime as per law and as per contract
Service conditions as per prevailing law and contract (leave, weekly off, maximum overtime)
Valid Registrations under Shops and Establishments Act/PF Act/ESI Act.
Registers under the Contract Labour Act maintain of registers and accuracy of the data.
Timely and accurate Payment of contributions and submission of forms and returns under the PF Act, ESI Act and Labour Welfare Fund Acts for all employees working on the site in that month
Issue of employment cards, service certificates and wage slips to employees
Submissions of statutory returns under PF, ESI, Contract Labour Act, Bonus Act
Other compliance items as envisaged in the Annexure attached with
Our representative will visit each site at least two or three a month and as often as is necessary in order to achieve the above deliverables.
Audits will be scheduled at least 7 working days in advance and carried out at the client\'s sites. Vendors representatives will be expected to arrive in the sites at the appointed date and time with all relevant documents. If the vendors cannot manage the time and date and venue for the audit compliance, their document in an up-to-date condition should be made available by the AMC for audit review.
Subsequent visits will be carried out if necessary to give the vendors opportunity to fix non-compliant items. If vendor is not with requisite records and not genuine reason for non-attendance of audits, he would be marked non-compliant accordingly
Audit\'s will be conducted for a month in the 3rd and 4th week of the following month depending on the date of payment of wages to the workmen and the reports for the month will be submitted by the 5th of the following month.
Anushka Management Consultant asserts that it will take every measure possible within its means to force vendor compliance before commencing escalation processes
A N N E X U R E
Copy of Contract Labour Licence [OR] Application along with security deposit details in Form IV
Copy of commencement & completion of contract in Form VI-A
Service Certificate
Copy of Employment cards
Register of Workmen
Muster Roll
Register of Wages
Register of Deductions
Register of Fines
Register of Advances
Register of Overtime
Wage slips
Weekly Off observed for every SIX days of working
Overtime not to exceed as mentioned in the Act
Overtime paid double the rate of gross wages
Employees working on site are lesser or equal to the no. mentioned in License
Contract Labour Half Yearly Returns
Proof of having ESI registration
Copy of ESI cards for employees
ESI challan for the previous month [OR] Token of payment made to SBI of current month
ESI challan paid on or before 21st of every month
ESI half yearly returns Form 5
Labour Welfare Fund registration copy(If applicable)
Labour Welfare Fund Challan (in applicable month)
Exemption to maintain computerized records Under Minimum Wages Act
Notices required to be displayed at work site, under Minimum Wages Act
Compliance as per latest Minimum Wages
Bonus Return in Form D
Proof of having PF registration
PF challan for the previous month [OR] Token of payment made to SBI of current month
PF challan paid on or Before 15th of every month
PF – ECR copy every months
Whether minimum leaves entitled availed as per Shops & Establishment Rules
Shops & Establishment registration copy
PF/ESI Monthly Summary Format
Declaration of Monthly Deduction and Deposit summary of PF and ESI (Monthly) & LWF (yearly)
Salary breakup same as per the contract / LOI / agreement
Terms & Conditions:-
01. All record will be maintain at your company premises,
02. The 1st contract will be for a period of 1 years thereafter it can be reviewed with mutual consent,
03. The contract can be terminated by giving 3 months notice from both the sides.
04. Our Consulting charges will be Rs. ..,000/- per month and thereafter will be increased every year.
Forwarded and hope for the faithful business association with your esteem organization.
Anushka Management Consultancy
Satish Kumar 8010653067,
Rakesh 9999351114
0124-2201721
List Of Client:-
1. M/s Sanjo Forge India Pvt Ltd Neemrana (Japanees) (Mr. Vijay Prakash 9214428212)
2. M/s Nachi KG Technology India Pvt Ltd Neemrana (Japanees) (Mr. Rohit Yadav 9214310633)
3. M/s U-Shine India Pvt Ltd. Gurgaon(Japanees) (Mr. Deepak Joshi 9891853250)
4. M/s SMEC India Pvt Ltd. Gurgaon Mr. Ashok 8800536665)
5. M/s Hankuk Construction & Trading Pvt Ltd. Gurgaon (Korean) (Mr. Subhan 07838592087)
6. M/s New Hazara Buildcon Pvt Ltd. Gurgaon (Mr. Rishi Raj 8800766822)
7. M/s Maya Buldcon Pvt Ltd. Gurgaon (Mr. Yogesh Singh- 9968377165)
8. M/s SNS Engineering Pvt Ltd. Gurgaon (Mr. Parveen Yadav- 9210295776)
9. M/s ECS Globe Air Cargo India Pvt Ltd. Delhi (Mr. Rajender Dubey)
10. M/s Gates India Pvt Ltd. Gurgaon (Miss. Deepika Negi)
11. M/s HBG Knowledge Pvt Ltd. Gurgaon (Mr. Ranjan – 7827653670)
12. M/s HBG Medical Assistance Pvt Ltd. Gurgaon (Mr. Abhik Mohitra)
13. M/s Indo Asia Tour & Travels Pvt Ltd. (Gurgaon)
14. M/s Top Wheels Tour & Travels Pvt Ltd (Gurgaon)
15. M/s Dinesh Enterprises. Dharuhera, Neemrana
16. M/s Vijay Engineering Bawal
17. M/s Jai Shree Shyam Enterprises Bawal
18. M/s S K Engineering Gurgaon
19. M/s Book My Forex Pvt Ltd. Gurgaon
20. M/s New Generation Security Pvt Ltd. Gurgaon
21. M/s Int All Biz Pvt Ltd. Gurgaon
22. M/s In Technologies Pvt Ltd. Gurgaon
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