1. Industrial Disputes Act 1947

• Purpose: Regulates the relationship between employers and employees and provides mechanisms for the investigation and settlement of industrial disputes.
• Employee Threshold: Applicable to industrial establishments.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Returns related to settlement of disputes.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Records of disputes, settlements, layoffs, retrenchments, and closures.
• Key Provisions:
  • Definitions of industrial disputes and workmen.
  • Procedures for conciliation, arbitration, and adjudication.
  • Layoffs, retrenchment, and closure guidelines.
  • Formation and role of Works Committees and Industrial Tribunals.

2. Employees’ Provident Fund and Miscellaneous Provisions Act 1952

• Purpose: Provides a provident fund, pension, and insurance benefits to employees.
• Employee Threshold: Applicable to establishments employing 20 or more employees.
• Salary Threshold: Monthly salary up to ₹15,000.
• Returns Applicable and Periodicity: Monthly returns.
• Contribution Amount/Rate: 12% of basic wages, dearness allowance, and retaining allowance.
• Main Records to be Kept: PF challans, contribution cards, Form 9 (revised), and inspection book.
• Key Provisions:
  • Establishment of the Employees’ Provident Fund (EPF) and Employees’ Pension Scheme (EPS).
  • Contribution rates by employees and employers.
  • Procedures for withdrawal and transfer of EPF.
  • Administrative and inspection mechanisms.

3. Employees’ State Insurance Act 1948

• Purpose: Provides social security and health insurance to employees and their dependents.
• Employee Threshold: Applicable to establishments employing 10 or more employees.
• Salary Threshold: Monthly salary up to ₹21,000 (₹25,000 for persons with disability).
• Returns Applicable and Periodicity: Monthly & Half-yearly returns in Form 5.
• Contribution Amount/Rate: 3.25% by employer and 0.75% by employee of gross salary.
• Main Records to be Kept: Contribution register, Form 6, accident book, and inspection book.
• Key Provisions:
  • Coverage of employees earning up to a specified wage limit.
  • Benefits including medical, sickness, maternity, disablement, and dependent benefits.
  • Establishment and administration of the Employees’ State Insurance Corporation (ESIC).
  • Employer’s contribution to the ESI fund.

4. Payment of Bonus Act 1965

• Purpose: Mandates the payment of a bonus to employees based on profits or productivity.
• Employee Threshold: Applicable to establishments employing 20 or more employees.
• Salary Threshold: Monthly salary up to ₹21,000.
• Returns Applicable and Periodicity: Annual return in Form D.
• Contribution Amount/Rate: Minimum 8.33% and maximum 20% of salary/wages.
• Main Records to be Kept: Registers of bonus, Form A, B, and C.
• Key Provisions:
  • Eligibility criteria for receiving bonuses.
  • Minimum and maximum bonus percentages.
  • Calculation of bonus based on allocable surplus and available surplus.
  • Payment timelines and dispute resolution.

5. Payment of Gratuity Act 1972

• Purpose: Ensures the payment of gratuity to employees who have completed a minimum of five years of continuous service.
• Employee Threshold: Applicable to establishments employing 10 or more employees.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Notice of opening, change, and closure in Form A, B, and C.
• Contribution Amount/Rate: 15 days’ wages for each completed year of service.
• Main Records to be Kept: Gratuity register, nomination forms, and payment records.
• Key Provisions:
  • Applicability to establishments employing 10 or more employees.
  • Calculation formula for gratuity payment.
  • Conditions for forfeiture of gratuity.
  • Procedures for claiming gratuity and resolution of disputes.

6. Contract Labour (Regulation and Abolition) Act 1970

• Purpose: Regulates the employment of contract labor and ensures certain conditions of work.
• Employee Threshold: Applicable to establishments employing 20 or more contract workers.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual return in Form XXV.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Registers of contractors, employment card, service certificate, and wage register.
• Key Provisions:
  • Registration of establishments and licensing of contractors.
  • Provisions for the welfare and health of contract labor.
  • Prohibition of employment of contract labor in certain situations.
  • Mechanisms for resolving disputes and grievances.

7. Factories Act 1948

• Purpose: Prescribes standards for the health, safety, and welfare of factory workers.
• Employee Threshold: Applicable to factories employing 10 or more workers with power, or 20 or more without power.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual return in Form 27.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Health and safety records, accident records, muster roll, and wage register.
• Key Provisions:
  • Definitions of factory and worker.
  • Health measures including cleanliness, waste disposal, and ventilation.
  • Safety measures including machinery safety, hazardous processes, and fire safety.
  • Welfare measures including canteens, restrooms, and first aid.

8. Minimum Wages Act 1948

• Purpose: Fixes and regulates minimum rates of wages that must be paid to skilled and unskilled labor.
• Employee Threshold: No specific employee threshold.
• Salary Threshold: Applicable to employees receiving minimum wages as specified by the government.
• Returns Applicable and Periodicity: Annual return in Form III.
• Contribution Amount/Rate: As prescribed by respective state governments.
• Main Records to be Kept: Wage register, attendance register, and overtime register.
• Key Provisions:
  • Criteria for fixing minimum wages.
  • Review and revision of minimum wage rates.
  • Payment of wages in cash or kind.
  • Compliance and enforcement mechanisms.

9. Maternity Benefit Act 1961

• Purpose: Provides maternity benefits to women employees including maternity leave and medical benefits.
• Employee Threshold: Applicable to establishments employing 10 or more employees.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual return in Form K.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Maternity benefit register, leave records, and payment records.
• Key Provisions:
  • Maternity leave duration and conditions.
  • Maternity benefit amount and payment procedures.
  • Protection from dismissal during maternity leave.
  • Provisions for nursing breaks and crèche facilities.

10. Equal Remuneration Act 1976

• Purpose: Prohibits discrimination in wages on the basis of gender.
• Employee Threshold: No specific employee threshold.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual return in Form D.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Register of wages, register of employment, and inspection book.
• Key Provisions:
  • Equal pay for equal work for men and women.
  • Prohibition of discrimination in recruitment and conditions of service.
  • Inspection and enforcement mechanisms.
  • Penalties for non-compliance.

11. Child Labour (Prohibition and Regulation) Act 1986

• Purpose: Prohibits the employment of children in certain hazardous occupations and processes.
• Employee Threshold: No specific employee threshold.
• Salary Threshold: Not applicable.
• Returns Applicable and Periodicity: Not applicable.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Employment register, attendance register, and age certificate.
• Key Provisions:
  • Prohibition of employment of children below 14 years in hazardous occupations.
  • Regulation of working conditions for children in non-hazardous jobs.
  • Penalties for employing child labor.
  • Rehabilitation and welfare measures for child labor.

12. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996

• Purpose: Regulates the employment and conditions of service of building and construction workers.
• Employee Threshold: Applicable to establishments employing 10 or more workers.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Monthly return in Form XIV.
• Contribution Amount/Rate: 1% of the total cost of construction.
• Main Records to be Kept: Register of beneficiaries, wage register, and health and safety records.
• Key Provisions:
  • Registration of building workers as beneficiaries.
  • Welfare measures including health, safety, and welfare facilities.
  • Constitution of Welfare Boards.
  • Collection and utilization of cess for welfare activities.

13. Shops and Establishments Act (varies by state)

• Purpose: Regulates working conditions, employment terms, and other aspects for shops, commercial establishments, and workplaces.
• Employee Threshold: Varies by state.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Varies by state; typically annual return.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Register of employment, wage register, and attendance register.
• Key Provisions:
  • Registration and licensing of establishments.
  • Working hours, rest intervals, and overtime.
  • Leave policies including annual leave, sick leave, and casual leave.
  • Provisions for health, safety, and welfare of employees.

14. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 (POSH Act)

• Purpose: Protects women from sexual harassment at their place of work.
• Employee Threshold: Applicable to all establishments.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual report to District Officer.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Complaints register, inquiry reports, and action taken reports.
• Key Provisions:
  • Definition of sexual harassment and coverage of all women employees.
  • Constitution of Internal Complaints Committee (ICC) at every office or branch with 10 or more employees.
  • Complaint mechanism and process for inquiry.
  • Interim relief during the pendency of the inquiry.
  • Action against false or malicious complaints.
  • Employer’s duties to provide a safe working environment and awareness programs.

15. New Labour Codes (recent reforms)

• Code on Wages:
  • Purpose: Consolidates laws related to wages and bonus.
  • Employee Threshold: No specific threshold.
  • Salary Threshold: No specific threshold.
  • Returns Applicable and Periodicity: Annual return.
  • Contribution Amount/Rate: As prescribed.
  • Main Records to be Kept: Wage register, inspection book, and employment register.
  • Key Provisions:
    • Definitions of wages and components.
    • Payment of wages, deductions, and fines.
    • Minimum wages, overtime, and equal remuneration.
• Industrial Relations Code:
  • Purpose: Combines laws related to industrial disputes and trade unions.
  • Employee Threshold: Varies by specific provisions.
  • Salary Threshold: No specific threshold.
  • Returns Applicable and Periodicity: Annual return.
  • Contribution Amount/Rate: Not applicable.
  • Main Records to be Kept: Dispute records, union registers, and conciliation proceedings.
  • Key Provisions:
    • Formation and registration of trade unions.
    • Procedures for handling industrial disputes.
    • Provisions for strikes, lockouts, and layoffs.
• Social Security Code:
  • Purpose: Integrates laws related to social security and benefits like provident fund, insurance, and gratuity.
  • Employee Threshold: Varies by specific provisions.
  • Salary Threshold: Varies by specific provisions.
  • Returns Applicable and Periodicity: Annual return.
  • Contribution Amount/Rate: Varies by specific provisions.
  • Main Records to be Kept: Contribution records, beneficiary registers, and claim records.
  • Key Provisions:
    • Social security schemes for employees.
    • Benefits like maternity, disablement, and dependent benefits.
    • Procedures for claiming benefits and resolving disputes.
• Occupational Safety, Health, and Working Conditions Code:
  • Purpose: Merges laws related to safety, health, and working conditions.
  • Employee Threshold: Varies by specific provisions.
  • Salary Threshold: No specific threshold.
  • Returns Applicable and Periodicity: Annual return.
  • Contribution Amount/Rate: Not applicable.
  • Main Records to be Kept: Safety records, health records, and welfare records.
  • Key Provisions:
    • Standards for health, safety, and welfare of workers.
    • Provisions for hazardous processes and machinery safety.
    • Guidelines for working hours, leave, and overtime.

16. The Trade Unions Act 1926

• Purpose: Provides for the registration and protection of trade unions.
• Employee Threshold: No specific employee threshold.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual return to the Registrar of Trade Unions.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Register of members, minutes of meetings, accounts of general funds.
• Key Provisions:
  • Procedure for registration of trade unions.
  • Rights and liabilities of registered trade unions.
  • Regulations for trade union funds and audit.

17. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979

• Purpose: Regulates the employment and conditions of service of inter-state migrant workers.
• Employee Threshold: Applicable to establishments employing 5 or more inter-state migrant workers.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Annual return in Form XXV.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Register of migrant workmen, wage register, and attendance register.
• Key Provisions:
  • Registration of establishments and licensing of contractors.
  • Provisions for displacement allowance, journey allowance, and other facilities.
  • Regulation of employment, wages, and working conditions.

18. The Bonded Labour System (Abolition) Act 1976

• Purpose: Abolishes bonded labor system and prevents the economic and physical exploitation of weaker sections of the people.
• Employee Threshold: No specific employee threshold.
• Salary Threshold: Not applicable.
• Returns Applicable and Periodicity: Not applicable.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Records of identification, release, and rehabilitation of bonded laborers.
• Key Provisions:
  • Abolition of bonded labor system.
  • Identification, release, and rehabilitation of bonded laborers.
  • Penalties for enforcing bonded labor.

19. The Employment Exchange (Compulsory Notification of Vacancies) Act 1959

• Purpose: Provides for compulsory notification of vacancies to employment exchanges.
• Employee Threshold: Applicable to establishments employing 25 or more employees.
• Salary Threshold: No specific salary threshold.
• Returns Applicable and Periodicity: Quarterly return in Form ER-I and biennial return in Form ER-II.
• Contribution Amount/Rate: Not applicable.
• Main Records to be Kept: Records of vacancies notified, recruitment, and placement.
• Key Provisions:
  • Compulsory notification of vacancies to employment exchanges.
  • Submission of returns on employment and vacancies.
  • Penalties for non-compliance.

CA GAURAV THAKUR

(FCA, LLB, DISA, BCOM, MCOM, FAFD, Certified Concurrent Auditor)