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JOB RESPONSIBILITY & COMPLIANCE PRACTICES
AT SITE
A L O K
Y A D A V
OBJECTIVE
 To be bring clarity on the role of site IR/Time
keeper
 To have better understanding of the
statutory norms followed at site.
C O M P L I A N C E P R A C T I C E S 2
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 ?
C O M P L I A N C E P R A C T I C E S 3
C O M P L I A N C E P R A C T I C E S 4
What is the role of a site
IR/HR/Time keeper ?
STATUTORY COMPLIANCES
 CONTRACT LABOUR ACT 1970
 BOCW ACT 1996
 MINIMUM WAGES ACT 1948
 EQUAL REMUNERATIONS ACT 1976
C O M P L I A N C E P R A C T I C E S 5
COMPLIANCES UNDER CONTRACT LABOUR ACT
1970
S.
No.
Particulars Schedule of submission / maintenance
1
Application For Registration of Establishments
employing contract labour – Form 1
As & when required
2 Certificate Of Registration – Form 2
To 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
4 Form Of Certificate By Principal Employer – Form 5 As & when required
5
Application for the adjustment of security deposit -
Form V-A
Application to be made by the Contractor to the licensing
Officer
6
Form of license granted by the Office Of the
licensing officer - Form VI
To be granted by the licensing officer to the Contractor
7
Notice of Commencement/ Completion Of Contract
Work by the licensee - Form VI-A
Within 15 days of commencement & completion of contract
work….
8
Notice 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 VII
To 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
C O M P L I A N C E P R A C T I C E S 6
COMPLIANCES UNDER CONTRACT LABOUR ACT
1970
C O M P L I A N C E P R A C T I C E S 7
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
MINIMUM WAGES ACT 1948
S.
No.
Particulars
Schedule of submission /
maintenance
1 Annual Return Form - 3 Annually… by 31st Jan
2
Notice 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
C O M P L I A N C E P R A C T I C E S 8
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
C O M P L I A N C E P R A C T I C E S 9
S.
No.
Particulars
Schedule of submission /
maintenance
1 Valid BOCW Registration
Within 60 days from the commencement of the
project
2 Registration of Workers
Worker has an exposure of more than 90 days…
age limit 18-60 years
3 Maintenance of BOCW Beneficiary Register Daily basis
DOCUMENTS REQUIRED FOR OBTAINING LABOUR LICENSE
For obtaining new Labour License
Form –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 License
Form- VII (triplicate)
Original Copy of Labour License
License fee vide Treasury Challan(State Government) & Demand draft( central
Government)
Renewed Registration certificate copy (Haryana)
C O M P L I A N C E P R A C T I C E S 10
DOCUMENTS REQUIRED FOR OBTAINING BOCW
REGISTRATION
Form-I (Triplicate)
Registration fee
PF Challan
Work Order LOI
List of Director
MOA
Pan Card Copy C O M P L I A N C E P R A C T I C E S 11
ANY DOUBTS…???
C O M P L I A N C E P R A C T I C E S 12
TAKE AWAYS
C O M P L I A N C E P R A C T I C E S 14
COMPLIANCES UNDER THE EMPLOYEE P.F. & MISC.
PROVISIONS ACT. 1952
 EPF is applicable when the establishment has 20 or more employees.
C O M P L I A N C E P R A C T I C E S 15
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 2
Declaration & 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 11
Details 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
S.
No.
Particular
s
Description of the Form
Schedule of submission /
maintenance
9
Form 3A/ Form 7
(PS)
Members' Annual Contribution Cards
By 30th April every year for the year ending 31st
March
10
Form 6-A/ Form 8
(PS)
Consolidated Annual Contribution statement
By 30th April every year for the year ending 31st
March
11 Form 13
Form 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 PF
Minimum 5 year should be complete to take such
type of benefits
13 Form- 19
Claim form to be used by a major member of the EPF
scheme
As and when required
14 Form- 10 C
Form to be used by a member of EPS 1995 for claiming
withdrawal benefit / Scheme Certificate
As and when required
15 Form- 20
Claim 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
C O M P L I A N C E P R A C T I C E S 16
Compliances under The Employee P.F. &
Misc. Provisions Act. 1952
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
C O M P L I A N C E P R A C T I C E S 17

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Compliance ppt

  • 1. JOB RESPONSIBILITY & COMPLIANCE PRACTICES AT SITE A L O K Y A D A V
  • 2. OBJECTIVE  To be bring clarity on the role of site IR/Time keeper  To have better understanding of the statutory norms followed at site. C O M P L I A N C E P R A C T I C E S 2
  • 3. 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 ? C O M P L I A N C E P R A C T I C E S 3
  • 4. C O M P L I A N C E P R A C T I C E S 4 What is the role of a site IR/HR/Time keeper ?
  • 5. STATUTORY COMPLIANCES  CONTRACT LABOUR ACT 1970  BOCW ACT 1996  MINIMUM WAGES ACT 1948  EQUAL REMUNERATIONS ACT 1976 C O M P L I A N C E P R A C T I C E S 5
  • 6. COMPLIANCES UNDER CONTRACT LABOUR ACT 1970 S. No. Particulars Schedule of submission / maintenance 1 Application For Registration of Establishments employing contract labour – Form 1 As & when required 2 Certificate Of Registration – Form 2 To 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 4 Form Of Certificate By Principal Employer – Form 5 As & when required 5 Application for the adjustment of security deposit - Form V-A Application to be made by the Contractor to the licensing Officer 6 Form of license granted by the Office Of the licensing officer - Form VI To be granted by the licensing officer to the Contractor 7 Notice of Commencement/ Completion Of Contract Work by the licensee - Form VI-A Within 15 days of commencement & completion of contract work…. 8 Notice 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 VII To 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 C O M P L I A N C E P R A C T I C E S 6
  • 7. COMPLIANCES UNDER CONTRACT LABOUR ACT 1970 C O M P L I A N C E P R A C T I C E S 7 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
  • 8. MINIMUM WAGES ACT 1948 S. No. Particulars Schedule of submission / maintenance 1 Annual Return Form - 3 Annually… by 31st Jan 2 Notice 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 C O M P L I A N C E P R A C T I C E S 8
  • 9. 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 C O M P L I A N C E P R A C T I C E S 9 S. No. Particulars Schedule of submission / maintenance 1 Valid BOCW Registration Within 60 days from the commencement of the project 2 Registration of Workers Worker has an exposure of more than 90 days… age limit 18-60 years 3 Maintenance of BOCW Beneficiary Register Daily basis
  • 10. DOCUMENTS REQUIRED FOR OBTAINING LABOUR LICENSE For obtaining new Labour License Form –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 License Form- VII (triplicate) Original Copy of Labour License License fee vide Treasury Challan(State Government) & Demand draft( central Government) Renewed Registration certificate copy (Haryana) C O M P L I A N C E P R A C T I C E S 10
  • 11. DOCUMENTS REQUIRED FOR OBTAINING BOCW REGISTRATION Form-I (Triplicate) Registration fee PF Challan Work Order LOI List of Director MOA Pan Card Copy C O M P L I A N C E P R A C T I C E S 11
  • 12. ANY DOUBTS…??? C O M P L I A N C E P R A C T I C E S 12
  • 13.
  • 14. TAKE AWAYS C O M P L I A N C E P R A C T I C E S 14
  • 15. COMPLIANCES UNDER THE EMPLOYEE P.F. & MISC. PROVISIONS ACT. 1952  EPF is applicable when the establishment has 20 or more employees. C O M P L I A N C E P R A C T I C E S 15 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 2 Declaration & 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 11 Details 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
  • 16. S. No. Particular s Description of the Form Schedule of submission / maintenance 9 Form 3A/ Form 7 (PS) Members' Annual Contribution Cards By 30th April every year for the year ending 31st March 10 Form 6-A/ Form 8 (PS) Consolidated Annual Contribution statement By 30th April every year for the year ending 31st March 11 Form 13 Form 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 PF Minimum 5 year should be complete to take such type of benefits 13 Form- 19 Claim form to be used by a major member of the EPF scheme As and when required 14 Form- 10 C Form to be used by a member of EPS 1995 for claiming withdrawal benefit / Scheme Certificate As and when required 15 Form- 20 Claim 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 C O M P L I A N C E P R A C T I C E S 16 Compliances under The Employee P.F. & Misc. Provisions Act. 1952
  • 17. 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 C O M P L I A N C E P R A C T I C E S 17